Privacy Policy

We are committed to respecting your rights to privacy and protecting your personal information in accordance with the Privacy Act 1988 (Cth) (the Privacy Act). This Privacy Policy explains the way in which we collect, use, disclose, store, secure, and dispose of your personal and credit information.

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.

What is 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.

What is credit information?

'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.

What personal information do we collect and hold?

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).

What credit information do we collect and hold?

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:

  • Your identification details;
  • Credit you have been provided (including the name of the credit provider, the type of credit, when you obtained the credit and the amount of credit);
  • Your repayment history;
  • Any court proceedings, insolvency or bankruptcy you may have had;
  • Other publicly available information about you; and
  • Any credit reporting information that has a bearing on your credit worthiness that we can use to establish your eligibility for credit or to act as a guarantor (such as credit reports or a credit score).

How do we collect your personal and credit information?

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:

  • Our own records;
  • Publicly available information, registers and social media;
  • Your representatives (such as your financial adviser, executor or administrator);
  • Your guarantor (where you are the borrower) or the borrower (where you are the guarantor);
  • People given by you in your application for credit (such as your current or former employer) so we can assess your application for credit;
  • Other organisations, service providers or business partners who provide you with products or services along with us;
  • Other credit providers;
  • Organisations who provide information (such as credit reporting bodies); and
  • Anyone else who you refer to us or who refers you to us.

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.

Why do we collect your personal and credit information?

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:

  • Process your application for credit, provide you with credit and manage that credit;
  • Assess your eligibility to be a guarantor;
  • Undertake risk assessment and management involving credit scoring, identity verification, and fraud prevention;
  • Obtain your bank account transaction information;
  • Provide you with direct marketing about other products or services we currently offer or may offer in the future;
  • Manage our relationship with you (for example, resolve any complaints); and
  • Comply with any other legislative and regulatory requirements (such as the requirements of Ant-Money Laundering and Counter-Terrorism Financing law).

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.

Disclosure of personal and credit information

Your personal and credit information may be disclosed in certain circumstances including, but not limited to the following:

  • Third parties such as our service providers, affiliates, credit reporting bodies, debt collectors, contractors (including any of our overseas associates who may assist us in providing our products and services to you)
  • Your nominated representative (such as a legal or financial adviser) and people given by you in your application (such as your current or former employer);
  • To our partners in financial transactions, including financial institutions, merchants and payment organisations;
  • If you are the borrower, to your guarantor, or your prospective guarantor of any credit provided by us to you;
  • If you are the guarantor, to the borrower, or any prospective borrower;
  • As required or authorised by law, for example, to government or regulatory bodies;
  • To people considering acquiring or taking an interest in our business or assets; and
  • Where you have given your consent.

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:

  • Equifax - www.equifax.com.au - 138 332
  • Dun and Bradstreet - www.dnb.com.au - 13 23 33
  • Experian - www.experian.com.au - 1300 784 134

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.

Will we disclose your personal and credit information overseas?

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.

Access to your personal and credit information

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 complaints@clearloans.com.au.

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.

Making a complaint

If you have any concerns about whether we have complied with the Privacy Act, the Australian Privacy Principles, the Credit Reporting Code or this Privacy Policy, please write to us at the details given above.

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 is not resolved, you may refer your complaint to the Financial Ombudsman Service (FOS). FOS can be contacted by phone on 1300 780 808, by email at info@fos.org.au, by post at GPO Box 3, Melbourne, Vic 3001, or you can go to www.fos.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 enquiries@oaic.gov.au, by post at GPO Box 5218, Sydney NSW 2001 or you can go to www.oaic.gov.au.

Maintaining the quality of your personal and credit information

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.

Web data

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”.

Policy updates

This Privacy Policy may change from time to time and is available on our website.

We are checking your information. Please be patient.