Privacy Consent Notice
By signing this consent form you consent to us (Rate Detective Pty Ltd (ABN 47 127 196 712) trading as Spotter Loans, Australian Credit Licence Number 469009), our related corporations and authorised agents collecting, using, holding and disclosing to others your personal information (which includes credit information) about you.
We are authorized to provide credit and credit assistance to you.
We may collect use, hold and disclose, as applicable personal information (which includes credit-related information), and credit eligibility information for the purposes of providing you with credit assistance, assessing an application for credit by you, arranging or providing credit to you, acting as a referrer of your business to others, managing credit provided, providing you with products and services, direct marketing to you, managing our relationship with you, and running our business.
1. What Information may we collect?
We may collect personal information about you (which includes credit-related information), credit eligibility information and with your consent, sensitive information.
Personal Information includes:
- identifying information, like your name, address and other contact details and your date of birth;
- information about your financial position, like your income, expenses, savings and assets and any (other) credit arrangements
- your employment details;
- your tax file number;
- your reasons for applying for a product or service;
and if you are applying for credit, other details such as the ages and number of your dependants and cohabitants, the length of time you have lived at your current address, and other information we consider relevant to assessment of your application for credit
Credit Information includes:
- details of credit applied for and details of the type and amount of credit granted;
- the fact that credit provided to you has been repaid;
- whether or not you have made payments on time;
- default information, being payments overdue for at least 60 days and for which collection action has started;
- Information about your credit worthiness;
- details of any new arrangements made with you;
- court proceedings and personal insolvency information; and
- if applicable, our opinion that you have committed a serious credit infringement.
We may be required to collect personal information from you to comply with relevant laws and regulations, such as Anti Money Laundering legislation and applicable tax laws.
Credit Eligibility Information refers to credit-related information received by us from a credit reporting body and includes credit reporting information.
Credit-Related Information means credit-related information and credit eligibility information.
Credit Reporting Body refers to an agency that holds credit-related information relating to individuals and businesses.
Sensitive information is personal information that includes information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preferences, criminal record, or health records.
2. Use Of Your Personal Information for Direct Marketing Purposes
We may use personal information collected from you in order to tell you about other products and services offered by us or by our business partners. You can let us know at any time if you wish to no longer receive direct marketing materials from us.
3. Personal Information About Third Parties
When you make application for credit from us or for the provision of credit assistance by us we will ask you to provide us with personal information about other persons, such as referees and family members who we may contact. These persons are referred to as “third parties“. When you provide this information to us you warrant that you are authorised to do so.
4. Contacting Third Parties and Use of social media
We may, at any time while we are a credit provider to you or provide you with credit assistance, contact third parties to assist us in helping you honour your contractual obligations under any credit contract you have with us.
You also authorise us to use social media to contact you.
In circumstances where you have failed to honour your obligations to us and we are unable, for whatever reason, to contact you by other means, after making reasonable efforts to do so, you authorise us to make contact with:
- persons listed by you as your contacts, connections and friends on social media sites where you are a user, including third parties, and
- your landlord, employer, accountant, referees, spouse/partner and any other person listed or referred to in your application for credit,
so we can establish contact with you for the purpose of assisting you to make sure you honour your contractual obligations to us.
5. What Happens If You Are Unable to Provide Us with Your Personal Information
If you are unable to provide us with personal information requested, we may be unable to:
- provide you with any credit applied for;
- provide you with any credit assistance requested by you;
- refer you to other credit providers
- manage or administer any credit facility provided;
- verify your identity or protect you from fraud; or
- tell you about other products or services that may be of interest or benefit to you.
6. Disclosing, Obtaining and Exchanging Personal Information
In addition to our rights to contact third parties as set out in paragraph 4, you agree that we may disclose to, obtain from and exchange personal information about you with:
- corporations which are related to us;
- credit reporting bodies (explained below);
- external service providers to us, such as organisations which we use to verify your identity, payment systems operators, mailing houses and research consultants;
- persons who provide your bank statements to us where you have authorised that provision;
- mortgage insurers, where lenders mortgage insurance in organised in respect to your credit;
- insurers and re-insurers, where insurance is provided in connection with our services to you;
- debt collecting agencies, if you have not repaid a loan as required;
- any industry body, tribunal, or court or otherwise in connection with any complaint regarding the services we provide to you;
- our professional advisors, such as accountants, lawyers and auditors;
- other credit providers and their professional advisors;
- other brokers, credit assistants, intermediaries and aggregators where applicable
- your employer;
- your accountant (where you are self-employed);
- your landlord or landlord’s agent where you rent the premises in which you reside;
- the vendor of any goods you intend to purchase using any credit applied for;
- your representative, where authorised by you; or
- government and regulatory authorities, if required or authorised by law.
With your consent we may also disclose your personal information to our referral partners (in which case we will forward details of your application and supporting information and documentation to them) Our referral partners may offer services such as loans, debt management, credit repair, budgeting and rental services. You acknowledge that our referral partners may offer you a product that is not the exact same type of product or amount that you originally applied for from us.
7. Related Corporations
As indicated above, we may disclose your personal information to corporations which are related to us, including, Spotter Finance Pty Ltd,
We may disclose your personal information to our related corporations to assist us and them in providing the products or services you request Our related corporations may use, retain and disclose, your personal information in accordance with their respective Privacy Policies.
8. Credit Reporting Bodies
A credit reporting body collects credit-information about individuals, which is then provided as a report to credit providers and others in the credit industry to assist credit providers in managing credit risk, providing credit, collecting debts and other activities.
If you apply for credit or for credit assistance or apply to be a guarantor, we generally will apply for a credit report from a credit reporting body and they will disclose to us, our related corporations and authorised agents, personal information about your credit worthiness. Personal information obtained by us from a credit reporting body will be used by us to assess any application for credit and for other permitted purposes and may also use that information to create assessments as to your credit worthiness and create a credit score with regard to you.
We may also disclose personal information about you to a credit reporting body, including that you have applied for credit or credit assistance, repayment history information, credit liability information and that you are in default under a credit arrangement or have committed a serious credit infringement if that is the case. A credit reporting body may then include that information in reports it produces to other credit providers.
The credit reporting bodies with whom we currently deal are:
We may seek and use commercial credit information about you to assess an application for consumer credit or commercial credit and seek and use consumer credit information about you to assess an application for commercial credit or consumer credit (as defined in the Privacy Act).
9. Notifiable matters
When you make an application for consumer credit, we are required, under the credit reporting code (which forms part of the Privacy Act), to ensure that you are aware of certain specific matters namely:
- A credit reporting body may include credit information in reports provided to us to assist us to assess your credit worthiness;
- If you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, we may be entitled under the Privacy Act to disclose this to a credit reporting body. Any such report by us may affect your ability in the future to be able to obtain further credit;
- You have a right to access your personal information held by us and to request that we correct the information and also have a right to make a complaint to us. See other sections of this Policy for further details;
- Each credit reporting body offers a service to credit providers wishing to send direct marketing material about credit services to individuals. This is called “credit pre- screening”. You have the right to request that a credit reporting body does not use personal information for this purpose. To opt out of credit pre-screening, contact the relevant credit reporting body, using the contact details on its website noted above, and
- You also have a right to ask a credit reporting body not to use or disclose your personal information for a period if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.
We draw your specific attention to the fact that each time we disclose your personal information to a credit reporting body, that personal information will be recorded on your credit file and be available to others who are authorised to access your credit file held by the credit reporting body and may also impact any credit score the relevant credit reporting body has determined in relation to you.
We, our related corporations and authorised agents may give a guarantor, or a person who is considering becoming a guarantor, credit information about you for the purpose of enabling that person to decide whether to act as guarantor or to keep the guarantor informed about the guarantee.
In interpreting these provisions of this Privacy Consent Notice, the expression “you” includes any guarantor referred to in an application for credit.
11. Who holds your Personal Information?
We, our related corporations and our authorised agents hold your personal information. We take reasonable steps to ensure that your personal information held by us (on our website or otherwise), is protected from misuse, interference and loss, and from unauthorised access, disclosure or modification.
We may disclose your personal information overseas to persons engaged by us to provide us with services. Currently, we use service providers located in the United States of America, India and the Philippines to make contact with our clients to tell them about other products and services offered by us or by our business partners. We will always seek protective measures to ensure our service providers take appropriate steps to protect that information in compliance with the Australian Privacy Principles and to restrict the use to which they can put that information.
12. Gaining access to your Personal Information
You can gain access to the personal information we hold about you by contacting our Privacy Officer’s whose contact details are:
Address: PO BOX 11, Heidelberg 3084 VIC or
Level 10, 99 Queen Street, Melbourne VIC 3000 (address for notices)
Telephone: 038 548 9090
Email: firstname.lastname@example.org (marked to the attention of the Privacy Officer)
You can request our Privacy Officer arrange to correct any personal information we hold about you which you believe is incorrect.
You consent to us sending you notices and other documents in connection with your dealings with us by email or by the member log-in area via our website.
You understand that upon the giving this consent:
- we will either make all notices, statutory disclosures (including the Information Statement and Credit Guide), statements of account, copy of the contract and other documents available for a reasonable period of time in the members log-in area on our website for retrieval by you, or we will send you such documents by e-mail or other form of electronic communication;
- if the information is displayed in the members log-in area, we will promptly send you an email to the nominated email address notifying you that information is available for retrieval from our website and notify you of the nature of that information;
- we will not send paper copies of any document unless required by law;
- you must regularly check your nominated email address for notices, and
You acknowledge that:
(a) you will not receive your loan contract, security and other documents and notices for the loan by post or in paper-based format
(b) you must regularly check your email for documents and other communications regarding your loan
(c) you have the right to withdraw your consent to the giving of notices and other documents by electronic communication (email) at any time.
If you click ‘I agree’ it will create a binding legal obligation where indicated.