1. Who we are and what this policy is about.
1st Choice is a consumer leasing business. We lease household appliances to consumers under a fixed term lease agreement.
In the process of providing you with the services under the lease agreement, we will collect or receive from third parties personal and credit related information about our customer/applicant. Information may include Personal Information and Credit Eligibility Information as explained below.
We are committed to safeguarding your Personal Information we collect, receive and disclose and we are committed to doing so in accordance with the requirements of the Privacy Act, 1988 Commonwealth (Privacy Act) as amended from time to time.
This policy describes our commitment in relation to protecting your privacy.
2. What information does this policy apply to?
This policy only applies to:
(a) Personal Information;
(b) Credit Eligible Information; and
(c) Credit Information.
These items are defined in the Privacy Act.
Generally speaking, Personal Information is information (or opinion), in any form, about an individual (not a business, company or trust) whose identity is apparent or can be ascertained from the information held whether the information is true or not.
Credit Eligibility Information means information we collect from a credit reporting entity or that has been derived from information that is about the individual’s consumer and or commercial credit worthiness.
Credit Information means information that includes the following:
• Information about an individual, like their name and address that we may use to identify that individual.
• Information about an individual’s current or terminated consumer credit accounts and an individual’s repayment history.
• The type and amount of credit applied for in any previous consumer or commercial credit applications to any credit provider, where that credit provider has requested information.
• Information about an individual from a credit reporting body (see below).
• Information about consumer and or commercial credit payments overdue for at least 60 days and for which collection action has started.
• Advice that payments that were previously notified to a credit reporting body as overdue or no longer overdue.
• Information about new credit arrangements an individual may have made with a credit provider, in relation to consumer credit currently or previously held, to deal with any defaults or serious credit infringements by that individual.
• Information about the individual’s consumer and or commercial credit worthiness.
• Information about court judgements which relate to judgements which relate to credit that an individual has obtained or applied for.
• Information about an individual on the national Personal Insolvency Index.
• Publicly available information about an individual’s credit worthiness, and an opinion of a credit provider that an individual has committed a serious credit infringement of credit provided by that credit provider.
Credit Related Information – for the purpose of this policy Credit Related Information includes, as relevant, any information we collect, store, use or disclose that out of Personal Information, Credit Eligibility Information and Credit Information.
3. Do I need to consent to this policy?
No, you do not need to sign or consent to this policy. By completing the application form with 1st Choice you consented to the collection and disclosure of personal information in relation to your lease application. Our standard terms and conditions also deal with your rights in relation to privacy and disputes. If you proceed with the application, you will be deemed to have reviewed this policy and consent to its terms.
You do not have to disclose Personal Information to us. If you do not agree or do not provide some or all of the information requested, we may not be able to process or accept your application.
4. Why do we need Personal or credit Information?
We require Personal and Credit Information in order to assess your application for a lease agreement. We need to assess the suitability of the lease agreement to your needs and to assess your capacity to pay the financial obligations under the lease agreement. This is the purpose for which we require Personal and or Credit Information.
5. Our general commitment
We undertake to collect, store and use Credit Related Information only in a manner which is compliant with the Privacy Act.
We will not use or disclose Credit Related Information other than for:
(b) for a purpose for which the information was provided;
(c) for a purpose required or permitted by law;
(d) a purpose you authorised or is disclosed to you; and
(e) to give effect to your instructions.
We may collect, store and or disclose information about you to third parties for the following purposes:
(a) To comply with the law;
(b) to obtain a credit report about you,
(c) allow the credit reporting agency to create or maintain a credit information file containing information about you.
(d) to provide you with promotional information about financial services and products we may provide;
(e) to manage and administer the agreement with you;
(f) to protect our lawful interests;
(g) to give effect to your instructions; and
(h) If we negotiate with a third party the possibility of an acquisition of part or the whole of our business.
6. Our collection and Disclosure of Personal Information
We collect and discloses Credit Related Information as it may become necessary to process your application and give effect to your instructions.
The information we may collect or disclose includes, when permitted by law:
(a) identification information;
(b) the fact that you have applied for credit, the type of credit and the amount;
(c) whether repayments are more than 60 days overdue;
(d) the fact that any overdue payments are no longer overdue or a default is remedied;
(f) information whether you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
(g) information about dishonoured cheques;
(h) repayment history;
(i) information about court judgments against you;
(j) any information which is publicly available and relevant to your credit worthiness;
(k) certain insolvency information from the National Personal Insolvency Index.
Third Party Service Provider
Subject to the Privacy Act, in the process of providing you with the services, we may share (collect and or disclose), as relevant, Credit Related Information with related bodies corporate and with third parties with whom we have dealings.
Third party service providers we may disclose or receive your Credit Related Information from include organisations that can identify or verify your identification, insurers, credit providers, credit bureaus and credit reporting bodies, debt collectors and your authorised representatives.
If authorised by law, we will disclose Credit Related Information to law enforcements and government agencies.
7. Access to your Personal Information
You have the right to seek access to any information we hold about you. Contact our privacy officer in this regards. We may charge you a fee to access and or correct your Personal Information that is held with us. You have the right to ask us to correct any information we hold about you if the information is inaccurate or erroneous. If you want access to the personal information we hold about you, we will need to identify you and in this process we may ask for identifying information such as your full name, address and your driver license.
8. Security of your Personal Information
We maintain strict procedures and standards and takes all reasonable care to prevent unauthorised access to, and modification and disclosure of, your Personal Information.
We will protect any Credit Related Information we hold against misuse or loss. If we no longer need the Personal Information, we will take steps to either destroy the information or de-identify it.
9. Direct marketing
We may, from time to time, use your Personal Information to provide you with information in relation to additional services and or products we offer.
Some credit bureaus provide a pre-screening service to financial service companies. Pre-screening is a service that identifies potential marketing opportunities and potential products and or services that you may be interested in the future. We may use the pre-screening service from time to time.
You can always opt out and advise us that you do not wish to receive direct marketing information in the future. You can do that by calling our general number and request to opt out from future direct marketing communication.
10. Credit Reporting Bureau
In order to assess your credit worthiness, we may collect and disclose, as relevant, Personal Information to a credit reporting bureau.
Credit reporting bureaus are specialised services provides to the financial services industry that are able to provide us with some of the information mentioned above. Some of the credit bureaus we use are Compuscan Australia (www.compuscan.com.au) of 100 Walker Street North Sydney or Equifax (formally Veda) www.equifax.com.au.
The information we may receive from the credit bureau may include late payments, positive reporting i.e. payments made on time, any listed defaults against your name including bankruptcies and or judgments.
11. Government identifiers
We do not have access to any Personal Information that can be regarded as or be used as an identifier. For example, we do not have access to your Medicare number or tax file number. We will not use any government identifier that was disclosed to us (such as Centrelink number) to identify you.
If you have any concerns about your privacy or Personal Information you are always welcome to contact us on email@example.com and we will always endeavour to address your concerns. If further investigation is required, we will keep you advised of the progress of the investigation and if necessary your complaint or concern will be escalated for action to one of our Directors.
If you are dissatisfied with the resolution of your concerns, you may file a complaint with our external dispute resolution body whose details are provided in our Credit Guide or you may file a complaint with Office of the Australian Information Commissioner whose details are listed below:
Tel – 1300 363 992
Fax: +61 2 9284 9666
Post: GPO Box 5218, Sydney NSW 2001
14. Transboarder of data
It is not likely that we will disclose Credit Related Information to overseas entities. If we disclose Credit Related Information to overseas entities, we will provide details on our website detailing the entities and countries where the information will be disclosed to. We will ensure that these entities protect the privacy of your Credit Related Information as we are committed under this Policy and the Privacy Act. It is possible that a credit reporting bureau may use overseas systems and processes to store some of the Credit Related Information e.g. Compuscan may store or use systems in South Africa. We will ensure that our credit reporting bureaus have the same compliance processes and legal obligations to secure and protect your data similar to the provisions in the Privacy Act.
When you use our website, we may collect statistical data in relation to your use of the site. This data includes the time and date of the visit to the site, the nature of the inquiry and any documents loaded. We may record your browser type and other internet protocols as permitted.
If you disclose any Personal Information on the site, the information will be governed under this policy. The use of public internet public access to our website is not without risk. If you transmit Personal Information via the internet you should ensure that the transmission is secured.
Policy Effective Date
End of Policy