YOUR PRIVACY AND THE PROVISION OF CREDIT AND THIRD PARTY AUTHORITY
Privacy Consent Agreement under the Privacy Act 1988
Fox Property Finance Pty Ltd, ACN 648 057 498, trading as Fox Home Loans and Fox Commercial Loans (we,us, our) collects information about you for the purposes you agree to in this Privacy Disclosure Statement and Consent. When you sign below, you agree we can, consistently with Australia's privacy and credit reporting laws, collect, use and exchange credit and personal information about you for those purposes.
You agree to provide personal identification documents that may include a driver's licence, passport, ATM card and Medicare card as proof of your identity. You agree to provide credit or financial documents that may include 90 days of banks statements, employment payslips, Centrelink income statements, receipts, bills and invoices, tax returns and the like.
We are collecting credit and personal information (information) about you, as applicable:
To source for you, or a company of which you are a director:
Consumer credit for personal, household, domestic or residential investment purposes;
Commercial credit for business purposes; or
Other services stated in this Privacy Disclosure
To support a guarantor application, you will provide.
As your broker, we require the information we collect from you to assess your credit, or guarantor, application or the credit application of a company of which you are a director, source a suitable credit provider and any required insurances and to manage the application process, where required. If you do not provide the information sought we may be unable to process your application, or the company's application.
Use of your information - Australian Privacy Principle No. 6
In accordance with Sections 21G, 21H, 21J and 21 M of the Privacy Act, Fox Property Finance Pty Ltd. collects and holds your personal identification and credit information only for the following purposes:
to verify your identity and other information provided;
to assess any application, you make for funds;
to assess your financial circumstances;
to help us process your application for funds in an efficient manner; and
to introduce you to credit providers in a compliant manner.
This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity, that you, credit providers and credit reporting bodies and their authorised agents are allowed to provide to Fox Property Finance Pty Ltd. under the Privacy Act and/or Credit Reporting Privacy Code. It may also include information provided by referees, relatives, real estate agents and employers listed on your loan application.
By agreeing to this Section, you authorise Fox Property Finance Pty Ltd. to contact your bank, real estate agent, landlord, payroll officer and employer (past and present), plus referees and third parties listed in the credit application/preliminary assessment form, to provide any and all permitted relevant information they may have regarding you, including tenancy or employment history and bank account and other financial details.
Parties to whom we disclose your information
When we collect information from you in the credit application process, we use that information in a number of ways to assess your credit application and to source a suitable credit provider or lessor and/or insurance provider. We may:
Disclose your identification information to a Credit Reporting Body (CRB) if we wish to obtain a credit report to assist with our responsible lending assessment.
Use any information the CRB provides in that report to assist us to preliminarily assess your consumer credit or guarantor application.
Disclose your personal information to an insurer or insurers to source any insurances you wish to obtain.
Disclose your credit information to a credit provider or credit providers to apply for finance on your behalf.
Contact the introducer person who referred you to us for the purpose of checking details provided and/or checking the commercial and/or credit assessment suitability of the loan applied for.
Disclose your personal information to our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business.
The information we obtain from you is used, subject to compliance with Australia's privacy and credit reporting laws, only for the purposes listed in this Consent and is not disclosed to any other person except with your permission or as permitted, or required, by law.
This information is only accessed as required by Fox Property Finance Pty Ltd.'s employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes.
Fox Property Finance Pty Ltd. reasonably assume that any referral to third parties that you may nominate, in order that Fox Property Finance Pty Ltd. may obtain or verify your personal and other information, will have been with the agreement and knowledge of the third parties involved and that you will have made them aware of the purposes and use of such information, prior to Fox Property Finance Pty Ltd. contacting them
While we make every effort to only deal with reputable people, we cannot accept responsibility or any liability for the use or misuse of the information about you that we provide to the above listed third parties.
Information disclosure to a credit reporting body (CRB)
In accordance with Section 21D of the Privacy Act, Fox Property Finance Pty Ltd. has chosen to continue with the lawful negative credit reporting (privacy) regime. By consenting to this section, you specifically agree that the company may provide information to Equifax,
a credit reporting body. This disclosure will be for the following purposes only:
to obtain identity verification information;
to obtain a consumer credit report about you, and/or
to allow the credit reporting body to create or maintain a credit information file, containing information about you.
The information disclosed to the credit reporting body is limited to (if applicable):
identity particulars - your name, sex, address (and previous two addresses), date of birth, name of employer and driver's licence number; and
your application for funds - the fact that you have applied for funds and the amount.
As part of providing our services to you, we may undertake tasks which are reasonably necessary to manage the application process. When doing so, we are acting as either as an independent contractor or agent for the credit provider, with the same privacy law requirements applying to both of us.
We may submit your application to one or more credit providers. Those credit providers and their website addresses are set out in the Schedule at the end of this document.
A credit provider, to whom we submit an application, may disclose information about you to, and collect information about you from, from one or more CRBs.
That the CRB may include information the credit provider discloses about you to other credit providers to assess your credit worthiness
That, if you become overdue in making consumer credit payments or you commit a serious credit infringement, the credit provider may disclose that information to a CRB
How you can obtain the credit provider's and/or CRB's policies about managing your credit information
Your right to access and/or correct information held about you and to complain about conduct that may breach the privacy and credit reporting laws
Your right to request a CRB not to undertake pre- screening for purposes of direct marketing by a credit provider
Your right to request a CRB not to release information about you if you believe you are a victim of fraud
This detail will also be included by the credit provider who approves your application in the privacy disclosure statement and consent document it will provide to you.
Each credit provider website includes information on how to contact the credit provider and how to obtain a copy of its privacy documents in a form that suits you (e.g. hardcopy or email).
You have the right to ask:
Us to provide you with all the information we hold about you
Us to correct the information we hold if it is incorrect
The CRB not to use your information for direct marketing assessment purposes, including pre-screening
The CRB to provide you with a copy of the information it holds about you
You can gain access to the information we hold about you by contacting Nathan Drew at Suite 14, The Corporate Centre, 13 Norval Court, Maroochydore, 4558 or by telephone on 1300665906.
You can contact the CRB, Equifax, by telephone on 1300 762 207 (Opening hours: Mon-Fri, 8.30am-6pm EST). or contact at www.equifax.com.au/privacy
Disclosure and Consent
By signing below, you agree we may:
Use your personal and credit information:
To assess your consumer or commercial credit and/or guarantee application and/or to assess a credit application by a company of which you are a director
To source any finances, you required
To source any insurances, you require
To suggest and assess your need for and complete a full financial review
As the law authorises or requires;
Disclose to, and obtain from, any prospective credit provider or insurer, information about you that is reasonably necessary to obtain the finance and insurances you require;
Obtain from, and disclose to, any third party, information about you, the applicant(s) or guarantor(s) that is reasonably necessary to assist you obtain the finance and insurances required;
Provide your information, including your credit report(s), to one or more of the credit providers specified in the Schedule of Credit Providers below so they can assess your application, or the application of a company of which you are a director, or your suitability as a guarantor
Provide credit information about you to a guarantor, or prospective guarantor;
Provide you, or the company of which you are a director, with offers or information of other goods or services we, or any of our associated entities, may be able to provide to you or the company, unless you tell us not to;
Disclose your personal and credit information to the extent permitted by law to other organisations that provide us with services, such as contractors, agents, printers, mail houses, lawyers, document custodians, securitises and computer systems consultants or providers, so they can perform those services for us. This includes our overseas service providers in the Philippines and USA, and
Disclose your personal information to any other organisation that may wish to acquire, or has acquired, an interest in our business or any rights under your contract with us, or the contract with us of a company of which you are a director.
Verify any information you provide or is provided by another person or company with that person or company
Third Party Authorisation
A CRB may disclose consumer credit information to one or more credit providers specified in the Schedule of Credit Providers below, for the purpose of assessing your application for consumer or commercial credit, or your guarantor application, and/or assessing a credit application by a company of which you are a director.
When you are a prospective guarantor, a credit provider may use that information to assess your suitability as a guarantor.
A credit provider may disclose your credit information (including information obtained by it from a CRB) to a guarantor, or a prospective guarantor.
A credit provider may disclose information it holds about you to another credit provider, for a particular purpose.
The information you provide, or that we collect about you from elsewhere, may be shared with subcontractors, professional advisers and potential purchasers of our business.
Where the applicant, or guarantor, is a company of which you are a director, you consent to the use of your information, in addition to the company's information, in each of the ways listed above.
Fox Property Finance Pty Ltd. will advise you if the information they hold on you is compromised by serious unauthorised access. However, if you fail to advise Fox Property Finance Pty Ltd. of any change to your contract details and, as a result, the unauthorised access occurs by way of a third party at the old address accessing your information, Fox Property Finance Pty Ltd. shall not be liable for any loss, embarrassment or inconvenience caused by your failure to advise.
Complaints and Concerns
If you have any concerns with regard to our management of your privacy -
In the first instance please contact our Privacy Manager, Mr Nathan Drew, on Phone- 1300 665 906 or email firstname.lastname@example.org
If he, or the person he has delegated to help is unable to resolve your concern, you may contact the Australian Financial Complaints Authority, or AFCA. AFCA provides fair and independent financial services complaint resolution that is free to consumers.
Website: www.afca.org.au, Email: email@example.com, Telephone: 1800 931 678 (free call)1. In writing to: Australian Financial Complaints Authority GPO Box 3, Melbourne VIC 3001.
By signing below (clicking the box to acknowlege acceptance), you also authorise us to make a request on your behalf to obtain credit reporting information about your consumer and commercial credit worthiness from a CRB. That information will assist us in providing our services to you. This authorisation ceases when we undertake a task on behalf of a credit provider.
Third Party Authority
I/We agree that Fox Property Finance Pty Ltd. and Contractors may also disclose to the third party that referred you to us, personal information which it has received about me/us relating to the progress and ultimate decision by the Approached Credit and/or Insurance Provider/s on my finance and/or insurance application. Such information may include:
The type of facilities which are being considered and/or offered by the Approached Credit and/or Insurance Providers
The actual decision on the application/s by the Approached Credit and/or Insurance Providers.
The reasons supporting any decisions made by the Approached Credit and/or Insurance Providers, including such personal information as may have been obtained by Fox Property Finance Pty Ltd., Contractors and/or the Approached Credit and/or Insurance Providers that has, in the opinion of Fox Property Finance Pty Ltd. or Contractors, had any influence on the decision made by the Providers.
In providing this authority, I/we acknowledge that Fox Property Finance Pty Ltd. and Contractors have no control over the personal information once it is passed to the third party, and consequently cannot be held responsible or liable in any way for the use or misuse of the information by the third party.
Information Disclosure and Communications Agreement Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that Fox Property Finance Pty Ltd. cannot communicate with you via a "commercial electronic message" (email, fax, SMS) without your consent.
As you would expect, for speed and convenience, where possible and with your permission, Fox Property Finance Pty Ltd. would prefer to communicate with you using such electronic means. Without your permission, written communications will have to be conveyed by Australia Post.
The Electronic Transactions Act 1999 Agreement
You are informed that the Electronic Transactions Act requires that, before Fox Property Finance Pty Ltd. can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for Fox Property Finance Pty Ltd. to communicate with you in that way.
We seek your permission to:
1. Electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
2. Send you electronic messages, rather than providing paper copies.
You are informed that, in giving this permission, you are agreeing to:
(a) use the relevant computer programs and have sufficient internet capacity to interact with Fox Property Finance Pty Ltd.'s system;
(b) regularly check your email Inbox and/or fax machine and/or SMS Inbox;
(c) not blame Fox Property Finance Pty Ltd. if any properly sent electronic message does not reach you; and
(d) notify Fox Property Finance Pty Ltd. of any changes to your electronic addresses and absolve Fox Property Finance Pty Ltd. from any liability if you fail to do so.
We remind you that you can withdraw your permission for the above at any time, provided you give Fox Property Finance Pty Ltd. 24 hours' notice, confirming your current address and contact details.
Information Disclosure Agreement Under the Commonwealth Anti-Money Laundering and Counter-Terrorism Legislation
You are informed that, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), there are provisions for the use of credit reporting information to assist in identity verification. By consenting to this section, you attest that Fox Property Finance Pty Ltd. has informed you of the following statutory provisions.
Under Section 35A (1), this can include the electronic provision of your name and/or address and/or date of birth, as you may have provided to us, to a credit reporting body. This information can and frequently has to be provided to credit reporting bodies by Fox Property Finance Pty Ltd., for a matching process entailing comparison with personal information about you they already have on their files.
If there is no satisfactory match found and/or the level of verification which we must seek, as part of both our AML/CTF responsibilities and our mandatory credit unsuitability/suitability assessment process under the National Consumer Credit Protection Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means.
In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting body yourself, or by alternative means, or your contact with the credit reporting body is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot give you a loan. To do so would threaten our Australian Credit Licence.
Please note that we have to keep a record for 7 years, regarding which credit reporting body we contacted, the personal information we provided and the assessment with which we were supplied.
Declaration By Consumers
I hereby declare that we have carefully read, noted and understand the document provided to me in this Fox Property Finance Pty Ltd. four sections of the Your Privacy and the Provision of Credit document.
By signing below (or clicking the box to acknowledge acceptance) , I provide my/our express, willing, informed, direct and not implied consent to the contents of the sections of the Your Privacy and the Provision of Credit document.
The third party that referred you to Fox Property Finance Pty Ltd. if applicable
The Introducer that referred you to us.
This consent extends to employees, servants, introducers agents of the nominated Third Party.
Third party name (if applicable)
Further information about Fox Property Finance Pty Ltd. and privacy can be found on www.foxhomeloans.com.au or you may request a copy and it will be provided to you.