This document sets out our policy on the management of personal information which we have about individuals. Those individuals include clients to whom we may provide or may have provided a facility, guarantors of both individual and company clients and individuals who may provide a guarantee and individuals who are or become customers of our clients.
1. Our privacy assurance to you
- the kinds of personal information we collect and hold;
- how we collect the personal information;
- the purposes for which we collect, hold, use and disclose the personal information;
- how an individual may access personal information about the individual that we hold and seek the correction of that information;
- how an individual may complain about a breach of the Australian Privacy Principles and the Credit Reporting Privacy Code and how we may deal with the complaint; and
- whether we are likely to disclose the personal information to overseas recipients and the countries where those recipients are likely to be located.
- the kinds of credit information we collect and hold and how we collect and hold that information;
- the kinds of credit eligibility information we hold and how we hold that information;
- the kinds of CP derived information that we usually derive from credit reporting information disclosed to us by a credit reporting body under Division 2 of Part IIIA of the Privacy Act 1988;
- the purpose for which we collect, hold, use and disclose credit information and credit eligibility information;
- how an individual may access credit eligibility information about the individual that we hold;
- how an individual may seek the correction of credit information or credit eligibility information about the individual that we hold;
- how an individual may complain about our failure to comply with Division 3 of Part IIIA of the Privacy Act 1988 or the Credit Reporting Privacy Code;
- how we will deal with the complaint; and
- whether we are likely to disclose credit information or credit eligibility information to entities which do not have an Australian link and the countries where those recipients are likely to be located.
3. The kinds of personal information we collect and hold
We collect and hold personal and credit information about individuals who are clients, guarantors, debtors and associates. This information includes:
- identification information, such as the individual’s name, marital status, address and date of birth;
- the note we make of the credit information disclosed in an information request, so that we can obtain credit information from a credit reporting body;
- the type of commercial credit and the amount of credit sought in an application that has been made by the individual and in connection with which we have made an information request;
- the individual’s court proceeding history, including information about a judgment of an Australian court against the individual in proceedings (other than criminal proceedings) that relate to any credit that has been provided to, or applied for by, the individual; and
- personal insolvency information about the individual as entered or recorded in the National Personal Insolvency Index. This information relates to whether the individual has:
- ever been bankrupt or is in the process of going bankrupt,
- proposed or entered into a debt agreement;
- executed a personal insolvency agreement
- had a direction given (or an order made) under section 50 of the Bankruptcy Act 1966 that relates to the property of the individual;
- had an authority signed under section 188 of the Bankruptcy Act 1966 which relates to the property of the individual.
We obtain credit reporting information about individuals who are clients, guarantors, debtors and associates from credit reporting bodies. We only obtain it to the extent we are entitled to obtain it under the Privacy Act 1988. We might, for example, need to obtain the individual’s prior authorisation. Credit reporting information includes:
- the credit information outlined above but which relates to the individual’s dealings with other credit providers;
- consumer credit liability information, default information, payment information, new arrangement information and publicly available information concerning consumer credit which the individual has obtained from other credit providers; and
- credit worthiness information about the individual that credit reporting bodies derive from the above information. This could include credit scores, risk ratings and other evaluations.
A client, a debtor or an associate may decide to make payments to us by using a credit card or debit card. In that case we may collect and hold particulars concerning the credit card or debit card which will be used to effect payment in accordance with an authorisation from the client or debtor. The personal information, other than credit information and credit reporting information, we collect and hold varies depending on the person we are dealing with and the reason why we are dealing with them. We collect this general personal information from individuals who are clients, guarantors, debtors, associates, prospective employees, contractors, suppliers, brokers, introducers, merchants, agents, professional advisers, mercantile agents, mailing houses, call centre operators, archivers and service providers. This information will generally include the individual’s name and contact details. We will only collect sensitive information about an individual with the individual’s consent or when permissible under Australian law. Under various laws we will be (or may be) authorised or required to collect personal information about an individual. These laws include the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Personal Property Securities Act 2009, Corporations Act 2001, Autonomous Sanctions Act 2011, Income Tax Assessment Act 1997, Income Tax Assessment Act 1936, Income Tax Regulations 1936, Tax Administration Act 1953, Tax Administration Regulations 1976, A New Tax System (Goods and Services Tax) Act 1999 and the Australian Securities and Investments Commission Act 2001 as those laws are amended and includes any associated regulations.
The Privacy Act 1988 also protects your sensitive information, such as membership in a professional association or health information. If we need to obtain this type of information, we will ask for your consent, except where otherwise permitted by law.
4. How we collect personal information
We collect personal information, other than credit eligibility information, about individuals in a variety of ways. For example, we may obtain the information from the individual or from persons acting on the individual’s behalf. When it is possible and practical we will collect the information direct from the individual. When it is not practical or reasonable to do so we will collect the information from a third party. The third party could be an authorised representative (such as a broker, agent, accountant or lawyer), another financial institution, a referee, an employer or a government body. When the individual is a debtor or an associate we may obtain the information from the client. The credit eligibility information is obtained from a credit reporting body. We may also collect information based on the individual’s interactions with us.
5. How we hold credit information and credit eligibility information
We take all reasonable steps to ensure that an individual’s personal information which we hold is protected from misuse, interference or loss and from unauthorised access, modification or disclosure. We do this by having physical, electronic and procedural safeguards which protect the personal information we hold. For example, the personal information is stored in secure office premises or in secure archiving facilities. Logins and passwords are required to access our electronic databases. Our staff are required to maintain the confidentiality of personal information and access to personal information is restricted to persons who require the information to perform their duties. Where practical, we only keep personal and credit information for as long as is required to meet our legal requirements or internal needs.
6. The purposes for which we collect, hold, use and disclose personal information
We collect, hold, use and disclose credit information and credit eligibility information on individuals for purposes permitted by law and which are reasonably necessary for our business activities. Those purposes include:
- if the individual is a client, to determine if we should provide a facility which includes the provision of commercial credit to the individual and, if we decide to provide it, to assist in the provision of the facility. This includes the assessment of the application, managing the account, recovering money and dealing with security the individual gives;
- if the individual is a guarantor, to determine whether we should accept a guarantee from the individual and, if the guarantee is given, to deal with or enforce our rights under the guarantee and any security which may be given to secure it;
- if the individual is a debtor, to assess and verify the debt which the client sells to us or in which the client gives us a security interest, to collect the debt and to enforce the debt and any security which may be given to secure payment of the debt;
- if the individual is an associate of the client, to determine if we should provide a facility which includes the provision of commercial credit to the client and to assist in the provision of that facility;
- if the individual is an associate of the debtor, to assist us to verify the debt owed by the debtor and to collect and enforce the debt. For example, we may record the name and office phone number of a person in the debtor’s accounts payable department and telephone that person to verify the debt; test
- to assist in the management and enforcement of the facilities we provide, for data analysis and internal management;
- to provide information to credit reporting bodies to the extent this is permitted by the Privacy Act 1988;
- to undertake securitisation activities, raise funding, assign debts and other rights, enter into insurance arrangements (for example insurance policies for debts) and provide information to and obtain information from insurers (including under policies which are taken out by us, which are assigned to us or under which we are the loss payee);
- to deal with complaints and legal proceedings;
- to meet our legal and regulatory requirements; and
- to assist other credit providers by giving personal information to them in accordance with an authorisation which the individual has provided to them or us.
We do not hold any CP derived information. We may disclose credit information (such as identification information) about an individual to a credit reporting body. The credit reporting body may include that information in the reports it provides to other credit providers. We disclose credit information to the following credit reporting bodies:
Privacy Contact Officer
Exclusive Boys Club Pty Ltd
7. How an individual may access personal information
An individual may access personal information (including credit eligibility information) about the individual which we hold. The individual can obtain that access by contacting our privacy contact officer as follows:
|Telephone:||0438 098 909|
|Mail:||Privacy Contact Officer|
|Exclusive Boys Club Pty Ltd trading as Exclusive Boys Club
PO BOX 568
UPPER COOMERA QLD 4209
We will need to verify the individual’s identity before giving access. We will usually provide the requested personal information within 30 days of receiving the request. There is no charge to make a request but we may levy an administration fee for providing access. If there is a reason why we do not make the requested personal information available we will provide our reason in writing.
If an individual considers that any personal information which we hold about the individual is incorrect in any way the individual may ask us to correct that personal information. To seek the correction, please contact our Privacy Contact Officer on the telephone number or at the e-mail or postal address above. In certain situations we may decide not to agree to a request to correct personal information. We will tell you in writing why we have not agreed to the correction request.
9. How an individual may complain and how we will deal with the complaint
We have an internal dispute resolution system that covers complaints. If an individual considers that we have failed to comply with Division 3 of Part IIIA of the Privacy Act 1988, the Privacy (Credit Reporting) Code or the Australian Privacy Principles he or she should contact our Privacy Contact Officer on the telephone number or at the email or postal address above. We will then follow our internal dispute resolution system. We will acknowledge the complaint within 7 days. A decision will be made and advised within 30 days or a longer period as may be agreed with the individual. If the individual is not satisfied with the decision he or she may make a complaint to the Office of the Australian Information Commissioner (the “OAIC”). The contact details for the OAIC are:
|Telephone:||1300 363 992|
|Facsimile:||(02) 9284 9666|
|Mail:||The Office of the Australian Information Commissioner|
|GPO Box 2999|
|CANBERRA ACT 2601|
10. Disclosure of personal information to overseas recipients
Generally we do not disclose personal information to overseas recipients or to persons that do not have an Australian link. However, we may do so. For example, if the debtor is located overseas we may need to send the client’s personal information overseas so that we can collect the debt. EBC may collect personal information in Australia which it provides to a person overseas to complete, enforce or manage a transaction involving the purchase or sale of goods when a party to that transaction or the relevant goods is overseas. We may use service providers located overseas. In each case personal information is provided to an overseas recipient when this is permitted under the Privacy Act. The countries where the overseas recipients of personal information are likely to be located are Australia, New Zealand and the United States of America.