Cash Finance is committed to making every effort to conform with the provisions, and the most Customer favourable interpretation of those provisions, in the Commonwealth Privacy Act 1988, the Privacy Amendment (Private Sector) Act 2000 and the associated National Privacy Principles and provides every Customer with access to a detailed Privacy Statement.
The fair and confidential management of information Customers provide to Cash Finance in the course of business dealings is guaranteed. If the Customer does not provide such information, Cash Finance cannot adequately and responsibly assess a Customer’s request.
Cash Finance assures Customers that all information, provided by them, in association with the facilitation of funding, shall be used by Cash Finance only for the primary purposes of:
· Assessing whether to accept an application;
· The administration associated with the application; and
· In the event of a default, to facilitate collection of all outstanding money on behalf of the credit provider.
All Customers seeking funds will be given a detailed Privacy Protection of Information Statement and Declaration to read, before entering into any arrangement with Cash Finance.
Cash Finance adopts and endorses the National Privacy Principles:
1. We collect personal information only as is necessary for our business activities;
2. We do not use or disclose personal information for any purpose other than the primary purpose of collection of such information;
3. We do not seek, or keep information as to our Customer’s political beliefs, religious persuasions, sexual activity and orientation and/or health;
4. We undertake all reasonable steps to ensure that the personal information collected, used or disclosed, is accurate, complete and up to date. Customers are under an obligation to be truthful and correct and to inform Cash Finance of any changes to information provided, which occur during the application period;
5. We take reasonable steps to protect the personal information we hold from misuse, or loss, and from unauthorised access, modification or disclosure. We take reasonable steps to destroy, or permanently de-identify any personal information we no longer require;
6. Customers have continuing access to personal information about them which is held by Cash Finance. Incorrect or inaccurate information will always be corrected when we become aware that it is incorrect or inaccurate. On request, a Customer will be provided with a copy of his/her/their documentation;
7. Cash Finance does not adopt any identifier assigned by a Commonwealth Government agency;
8. Cash Finance acquires all Customer information by lawful and fair means and not in an unreasonably intrusive way;
9. Cash Finance does not engage in speculative data collection;
10. Cash Finance does not make its Customer lists available to third parties;
11. Cash Finance always prescribes exactly to whom any information may be provided and in what circumstances. Such being, usually, limited to Cash Finance personnel for processing and administration purposes, and to authorised personnel working for credit reporting agencies and for appointed solicitors and/or debt collection agencies, in the event of a default.
12. Cash Finance will always fully cooperate and provide information, concerning Customers, where such is required by State or Commonwealth law.
CASH FINANCE
PRIVACY - PROTECTION OF INFORMATION
Statement and Declaration
The Commonwealth Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000, with the associated National Privacy Principles, empower and regulate Cash Finance in its collection of information about you and your business interests (hereafter referred to as “you” or “your), both from you, your business records and from other sources such as credit reporting agencies, your referees, real estate agents, your bankers, past or present employers, any other business organisation that may have information relevant to your application for funds and from any publicly available source of information. These Acts also regulate the use of such information.
In compliance with the Commonwealth Privacy Act 1988, applicant parties to a finance application should complete and give this return to the below named introducer, broker, agent or finance provider for the purpose of the privacy act.
Name of Finance Provider: Morgan Finance Pty Ltd (ABN: 30 111 359 936) trading as Cash Finance (“CF”), and any ultimate funder/ financier/ authorized agents.
Note that it is the standard practice of Cash Finance to make enquiries, at its absolute discretion, concerning the personal financial circumstances of a business owner seeking business finance.
Please read carefully before providing any information to Cash Finance/ ultimate funder/ financier and signing any documentation.
Use of Information
Cash Finance collects personal credit information only for the following purposes:
· to assess any application for funds by you;
· to assess your personal and/or business financial circumstances;
· to help us process your application for funds in an efficient manner;
· to avoid the chance you or your business may default on your funding obligations;
· to notify you of a default;
· to notify other credit providers of a default;
· to facilitate the collection of overdue payments; and
· efficiently manage and administer all services we provide to you.
This information can include any information about you and / or your business’ credit worthiness, credit standing, credit history or credit capacity, that funds providers and credit reporting agencies are allowed to give to, or receive from, each other under the Privacy Act 1988.
This information is accessed, only as required, by Cash Finance / ultimate funder/ financier employees, professional advisers, contractors and other service providers, to facilitate the above purposes. Cash Finance will not sell, rent or trade your personal information.
We assume that any referral to third parties that you may give us, in order to obtain your personal, your business, 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 our contacting them.
Information Disclosure to Credit Reporting Agencies
You are informed that, under Section 18 (E)(1) and 8 (c) of the Commonwealth Privacy Act 1988, a funds provider may disclose your credit information to a credit reporting agency for the following purposes:
· To obtain a consumer credit report about you or your business, and/or
· To allow the credit reporting agency to create or maintain a credit information file containing information about you or your business.
Information Disclosure to Other Entities
Under Section 18N(1)(b) and 18N(1)(g), Privacy Act 1988, we may disclose your personal information to:
· our external service providers and their agents that provide business services to us, on a confidential basis, only for the purpose of our business;
· any complaints body to which a complaint, relating to a particular service we provide to you, is referred.
· any court or tribunal as may be required by law.
Information Disclosed
The information disclosed to the above is limited to (if applicable):
· Identity particulars – your name, sex, address (and previous two addresses), date of birth, name of employer and drivers’ licence number.
· For a business or investment funding, identity particulars – ACN and/or ABN number, registered office, street address and other information as appropriate.
· Your application for funds – the fact that you have applied for funds and the amount.
· Payments which are overdue and for which debt collection has been instigated.
· Advice that your payments are no longer overdue in respect of any default that has been listed.
· Information that, in the opinion of Cash Finance, you or your business have committed a serious infringement (i.e. you have been fraudulent or shown an intention not to comply with your funding obligations).
· Dishonoured cheques – cheques drawn by you for $100 or more, which have been dishonoured more than once.
· Direct Debit transactions that have been dishonoured.
· That funds provided to you or your business, by Cash Finance/ ultimate funder/ financier, have been paid or otherwise discharged.
Period to which this understanding applies.
· This information may be given before, during or after the term of your funding.
Access to Commercial Credit Information under Section 18L(4) and 18K(1)(b), Privacy Act 1988
In order to assess an application for commercial funds, Cash Finance/ ultimate funder/ financier will need to obtain a report containing information about your commercial activities and/or commercial worthiness, from a business which provides information about the commercial credit worthiness of persons.
Information Disclosure in the Event of Default
In the event of any default of conditions entered into in association with Cash Finance/ ultimate funder/ financier , any information provided by you shall be made available to authorised personnel employed by the solicitors and/or debt collection agencies, authorised by Cash Finance/ ultimate funder/ financier in the process of recovery of funds, plus fees and charges and all legal and administrative costs incurred, as detailed in the contract you entered into, following the default.
The following information may be given before, during or after the provision of credit to you.
Further Statement by Applicant(s) For Credit
Please read carefully before signing. Where there is more than one applicant, each must sign.
I/we hereby declare & agree that:
Have read the above section entitled “Privacy Protection Policy Statement”, “Privacy-Protection of Information” and the "Further Statement by Applicant for Credit" made below.
Concerns and Complaints
If you have any privacy issues, during the term of your contract, please contact The Privacy Officer, Cash Finance, PO Box 94, Hurstville BC, NSW 1481 or Fax to us at 02 9018 1048 Email: Manager@mycashfinance.com.au