We are Richmond Group Financial Services Pty Ltd ACN 618 935 612 and Membo Finance Pty Ltd t/as ClearLoans ACN 159 693 464 (together referred to as “ClearLoans/we/us”).
With this in mind, this document is designed to set out our ongoing obligations to you in respect of how we manage your personal information.
'Personal information’ means any details about you, from which your identity is apparent or can be uncovered. Common examples of personal information include your name, date of birth and address.
'Credit information' includes information such as the type and amount of credit provided to you, your repayment history information, default information, overdue payments and any court information. 'Credit information' also includes credit reporting information supplied to us by a credit reporting body (CRB), and any information that we derive from it. It can also include your information where you act as guarantor for someone who has applied for credit.
When you apply to be a borrower or to act as a guarantor, we ask you for the information we need to assess the application. This can include a broad range of personal information ranging from your name, date of birth, address, account details, occupation, whether you are a homeowner, contact details, transaction information, to other information about your personal affairs including gender, marital status, financial information, education and employment history.
While you are a customer of ours we may collect and hold additional information about you such as a record of queries or complaints you make.
Generally, we will not collect sensitive information about you unless required to do so by law or unless you provide consent. Sensitive information includes information about your race or ethnicity, political opinions, religious beliefs, criminal record, sexual information, health or biometric information. We may collect health information about you where we assess claims made by you (such as a hardship claim).
If you apply for credit with us, or we give you credit, or you act as a guarantor, we may collect and hold a broad range of credit information about you including:
Generally, we collect your personal information directly from you. We could do this in a number of ways including when you apply for credit or to act as a guarantor, or when you contact us. We may do this through our website, in telephone calls, from documents you give us, in emails or from competitions you enter.
We may collect personal information about you from other people or organisations where it is not reasonable or practicable for us to collect the information directly from you. Examples of how we may do this include collecting your personal information from:
We will also collect your credit information directly from you (such as when you apply for credit, or want to be a guarantor or when you make a hardship application) and from third parties such as credit reporting bodies or other lenders (such as when we obtain your credit report, or credit score or opinions of other lenders about your credit worthiness) your nominated representative (such as a legal or financial adviser), your employer, or publicly available sources of information. We may also collect your credit information from our internal records and assessments.
If you do not provide some or all of the information that we request, we may be unable to provide you with credit, or may be unable to assess your eligibility to act as guarantor for someone who has applied for credit.
As part of our legal obligation in assessing whether credit is not unsuitable for you, or assessing whether to accept you as a guarantor, we need to obtain from you and other parties personal and credit information relating to you.
We will collect, use, hold, and disclose personal and credit information about you so that we can:
We may use the credit information we receive from a credit reporting body, along with our own records, to make our own rating or score for us to use in assessing your credit worthiness.
Your personal and credit information may be disclosed in certain circumstances including, but not limited to the following:
When you apply for credit, apply to be a guarantor, or if you do not pay our fees within our credit terms, we may provide your personal and credit information to any of the following credit reporting bodies who may include this information in your credit report:
This includes us obtaining a credit report for the purpose of assessing your application or your eligibility to act as a guarantor and managing the credit provided and us disclosing your personal information to an organisation including credit reporting bodies for the purpose of verifying your identity against the information held on your credit report. The credit reporting body provides your credit report to other organisations (such as other lenders) to help them assess your creditworthiness.
We may disclose your personal and credit information to entities located overseas in New Zealand, the United Kingdom or the USA. We will only do so if we believe they are not regulated by laws which protect your information in a way that is similar to the Privacy Act, we will seek your consent before disclosing your information to them. Our data storage providers may be located overseas in countries such as the United States of America. However, it is not always practicable to find out where your information may be accessed or held, as electronic or networked storage can be accessed from various countries via an internet connection.
You have a right to request access to your personal and credit information and to ask us to correct it.
If you wish to access or correct your personal or credit information please write to us by email at email@example.com.
Upon receipt of your written request and enough information to allow us to identify the information, we will disclose to you the personal and credit information we hold about you. We will also correct, amend or delete any personal and credit information that we agree is inaccurate, irrelevant, out of date or incomplete. We may need to liaise with credit reporting bodies (such as Equifax, Experian or Dun & Bradstreet) in order to consider your request.
We do not charge for receiving a request for access to personal or credit information or for complying with a correction request but may charge an administrative fee for providing a copy of your personal or credit information.
In order to protect your personal and credit information we may require identification from you before releasing the requested information. In some limited cases, we may need to refuse access to your information or refuse a request for correction. We will advise you as soon as possible after your request if this is the case and the reasons for our refusal.
If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
We will consider your complaint through our internal complaints resolution process and we will try to respond with a decision within 30 days of you making the complaint.
If your complaint cannot be resolved to your satisfaction by us, you have the right to refer the matter to our External Dispute Resolution provider, the Australian Financial Complaints Authority (AFCA). AFCA can be contacted by phone on 1800 931 678, by post at Australian Financial Complaints Authority, GPO Box 3, Melbourne, VIC 3001, or you can go to www.afca.org.au. Quote membership number: 39956.
You may also refer your complaint to the Office of the Australian Information Commissioner who can be contacted by phone at 1300 363 992, by email at firstname.lastname@example.org, by post at GPO Box 5218, Sydney NSW 2001 or you can go to www.oaic.gov.au.
It is important to us that your personal and credit information is accurate and up to date. We will take reasonable steps to make sure that your information is accurate, complete and up-to- date. We keep personal and credit information only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We hold the personal and credit information we collect from you in physical and electronic records, which may be stored at our premises or those of our service providers, or in secure data centres or in the cloud. In some cases, your file is archived and sent to an external data storage provider for a period of time.
We ensure that your personal and credit information is safe using a range of physical and electronic security measures to protect it from misuse, interference, loss, unauthorised access, modification or disclosure. For example, we maintain physical security over our paper and electronic data and premises, by using locks and security systems.
We use technology to collect anonymous information about the use of our website, for example when you browse our website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services.
In order to collect this anonymous data we may use “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Sometimes they identify users where the website requires information to be retained from one page to the next. This is purely to increase the functionality of the site. Cookies by themselves cannot be used to discover the identity of the user. Cookies do not damage your computer and you can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. They allow the website to recognise your computer when you return in the future”.