Privacy and Credit Reporting Policy
Stratton Finance Pty Ltd (ACN 070 636 903 / Australian Credit Licence no. 364340) and its related bodies corporate and franchisees (we, our, us, stratton) recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information. This document is our combined Privacy and Credit Reporting Policy and describes how we will comply with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) in relation to the handling of your personal information and also how we comply with the credit reporting obligations contained in the Privacy Act and the Credit Reporting Code as registered under section 26S(1) of the Privacy Act.
What types of information are covered by this policy?
This policy sets out how we manage your "personal information". Certain parts of this policy also apply specifically to "credit-related information". Section 7 of this policy sets out these credit-specific obligations in more detail.
When used in this policy, the term "personal information" has the meaning given to it in the Privacy Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
In this policy, the term "credit-related information" means credit information, credit eligibility information and CRB derived information as those terms are defined in the Privacy Act. Generally speaking, credit-related information will include your name and address, your contact details, your date of birth and gender, details of your credit history (including any repayments missed or late repayments that you have made), information about any credit provided to you by credit providers (such as financial institutions, utilities or telecommunications providers), any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body and details of any credit-related court proceedings or insolvency applications that relate to you.
What personal information do we collect and hold?
We may collect the following types of personal information about you:
- mailing or street address;
- email address;
- telephone number;
- facsimile number;
- age or birth date;
- MediCare number, drivers licence number, tax file number and passport number;
- profession, occupation or job title, together with other relevant employment details (such as your salary);
- information about your source(s) of income and your expenditure details
- information about your assets and liabilities;
- details of the products and services you have acquired from us or which you have enquired about, together with any additional information necessary to deliver those services and to respond to your enquiries;
- any additional information relating to you that you provide to us through our website; and
- any other information that you provide to us through in person, including at our offices or during visits by our representatives.
We might also ask you to provide us with personal information about another person, including:
- personal and financial information about a joint applicant for any finance you are seeking,
- the name and contact details of your accountant; and
- where we ask you for a personal or trade reference, the name and contact details of your referee and their relationship to you.
If you provide us with personal information about another person, you should tell that person about this policy and let them know that their information has been provided to us. We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.
How do we collect your personal information?
We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect in ways including:
- through your access and use of our website;
- via e-mail and via documentation provided to us electronically, in person, by mail or by fax;
- over the telephone or during conversations between you and our representatives; or
- when you complete a finance application, whether on our website of via telephone.
We may also collect personal information about you from third parties including:
- any third party who refers you to us;
- your accountant, any referees you provide or we request and any joint applicants for finance; or
- from third party companies such as credit reporting bodies, providers of title search services, law enforcement agencies and other government entities.
What happens if we can't collect your personal information?
If you do not provide us with the personal information described above, some or all of the following may happen:
- we may not be able to provide any products or services to you, either to the same standard or at all;
- we may not be able to provide you with information about products or services that you may want, including information about special promotions; or
- we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as enjoyable or useful.
For what purposes do we collect, hold, use and disclose your personal information?
We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service to you. We collect, hold, use and disclose your personal information for the following purposes:
- to prepare and submit applications for finance on your behalf to the financiers that we deal with or who we act on behalf of;
- to assess which financier that we act for is best suited to meet your financial objectives and requirements;
- to prepare and submit insurance applications on your behalf to the insurers that we deal with or who we act on behalf of;
- to prepare quotes or estimates for you in relation to any finance or insurance that we provide or which we can arrange;
- to advise you on the outcome of your application for finance or insurance;
- if your application is successful or you accept a quote that we provide, to manage the provision of finance and insurance to you;
- to share your information within Stratton (including with our related body corporates and franchisees), so that our other divisions and businesses may also contact you or offer you complementary or other products and services;
- to provide other products and services to you, including on behalf of the financiers and insurers that we act for;
- to send communications to you, including in relation to the status of your application for finance or insurance;
- to answer enquiries and provide information or advice about existing and new products and services;
- to provide you with access to protected areas of our website;
- to assess the performance of our website and to improve the operation of our website;
- to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
- for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of us and our related bodies corporate, contractors or service providers;
- to assist the performance of, and to improve, any marketing and advertising campaigns that we conduct (including on behalf of our financiers or other business partners);
- to provide your updated personal information to our related bodies corporate, contractors or service providers;
- to update our records and keep your contact details up to date;
- to process and respond to any complaint made by you; and
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.
Your personal information will not be shared, sold, rented or disclosed other than as described in this policy.
Credit Reporting Policy
This section 7 is our credit reporting policy. We may provide consumer credit and/or commercial credit to individuals (including as agent for our financiers), and this policy will apply in such circumstances. We may conduct (or our financiers may conduct) a credit check on you, any joint account holders (or for corporate customers, any directors, partners or other authorised representatives) before credit is provided to you.
The Privacy Act and this policy do not apply to commercial credit provided to companies or other entities. However, this policy will apply where an individual applies for commercial credit or we or our financiers request that a director or other authorised individual guarantees the commercial credit to be provided by us to a company or other entity. This policy will only apply in respect of any uses of individuals' credit-related information as part of any assessment of the creditworthiness of that individual that we or our financiers undertake and any consideration that we or our financiers undertake in relation to an individual's suitability as a guarantor.
Collection of credit-related information
In addition to collecting personal information about you, we may collect the following particular types of credit-related information about you:
- your name and address (including previous addresses);
- your contact details (including telephone and email addresses);
- your date of birth and gender;
- your credit history (including any repayments missed or late repayments that you have made)
- details of any credit provided to you by other credit providers (such as other financial institutions, utilities or telecommunications providers);
- any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body; and
- details of any credit-related court proceedings or insolvency applications that relate to you.
We may obtain this information from you or from third parties, including from credit reporting bodies and other credit providers, in order to assist us in determining whether we or our financiers will provide any credit to you (or to your related company or other entity).
Our use and disclosure of your credit-related information
We may use the credit-related information that is collected and held by us to help us and our financiers decide whether or not to provide credit to you (or to your related company or other entity).
The credit-related information that we hold about you may be used by us in accordance with Part IIIA of the Privacy Act and the Credit Reporting Code. The purposes for which we use your credit-related information may include:
- using your credit-related information to assess any application that you make to us or our financiers for credit (or which is made by your related company or other entity);
- using your credit-related information to collect payments that are owed to us or our financiers in respect of any credit that we or our financiers have previously provided to you (or to your related company or other entity);
- disclosing your credit-related information to any of our related companies that are also are considering whether to provide credit to you (or to your related company or other entity);
- where you have offered to guarantee credit that we or our financiers have offered to provide to your related company or entity, to assess your suitability as a guarantor of that credit;
- disclosing your credit-related information to a third party that you or we ask to act as a guarantor of any credit provided to you;
- disclosing your credit-related information to the credit reporting bodies that we deal with, including Veda Advantage Information Services & Solutions Limited. Credit reporting bodies collect different types of credit-related information about individuals and use that information to provide a credit-related service to their customers (including to us);
- disclosing your credit-related information to our financiers in connection with any credit that you seek;
- disclosing your credit-related information to other third parties that provide services to us (or to you on our behalf). These might include debt collectors, credit management agencies and other third parties that process applications for credit made to us;
- disclosing your credit-related information to other credit providers which provide, or are considering providing, credit to you (or to your related company or other entity);
- using and disclosing credit-related information that we hold about you to assess and respond to any access or correction requests that you make to us;
- where we are consulted by a credit reporting body or another credit provider about an access or correction request that you have made to those entities, to respond to that consultation request;
- where you complain to the Information Commissioner or any provider of a recognised external dispute resolution scheme about our treatment of your credit-related information, to respond to that complaint and to seek legal or other professional advice in relation to your complaint;
- using and disclosing credit-related information that we hold about you as required by law or the order of a court or tribunal; and
- where you otherwise expressly consent to the use or disclosure.
Other matters relating to your credit-related information
Where required by law, we will make a written note (which may be kept in electronic form) of any use or disclosure that we make relating to your credit-related information.
- you (or your related company or other entity) make an application for credit to us; or
- you offer to guarantee credit that we propose to provide to your related company or other entity,
and we subsequently refuse your application or offer based on information provided to us by a credit reporting body about you, we will inform you of this and provide you with the name and contact details of that body and any other information required by law to be provided to you.
Access and correction
You have a right to request access to, or the correction of, any credit-related information that we hold about you. You may request access to any credit-related information that we hold about you in accordance with section 13 of this policy.
If you make a complaint in relation to correction of your credit-related information, we will notify each other credit provider and credit reporting body to which we have previously disclosed that information that you have made a correction complaint in relation to that information and the outcome of that complaint, unless it is impracticable or illegal for us to do so.
Application of this policy
This policy also applies to any websites that we operate from time to time, including our websites at strattonfinance.com.au in a new window and stratton.com.au (and any sub-domains on those websites). This policy will cover any personal and credit-related information you provide to us using any of our websites.
As our websites are linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. Where appropriate, we use Secure Socket Layer (SSL) technology to encrypt the transmission of information to us. However, we cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
Who do we disclose your information to?
We may disclose your personal information and credit-related information to:
- our financiers, including any financiers that we act as agent for;
- where your relationship with us involves the sale or purchase of a vehicle, to any insurers, vehicle dealerships and the private sellers of vehicles in connection with that business (including in connection with the issuing of any invoices);
- our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;
- suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
- any organisation for any authorised purpose with your express consent.
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).
Direct marketing materials
We may send you direct marketing communications and information about our products and services (or those of our financiers) that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. If we do commence sending any direct marketing to you, you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.
Do we disclose your information to anyone outside Australia?
We may disclose personal information and credit-related information to our financiers, our related bodies corporate and our third party suppliers and service providers located overseas for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your personal and credit-related information do not breach the privacy obligations relating to your information.
We may disclose your personal and credit-related information to entities located outside of Australia, including to our data hosting providers and to other IT service providers, some of whom are located in the United States of America.
Security and data quality
We take reasonable steps to ensure that the personal information and credit-related information that we collect, use and disclose about you is accurate, complete and up-to-date and, in relation to the purpose of our use or disclosure, relevant. Personal information and credit-related information is destroyed or de-identified when no longer needed or where we are no longer required by law to retain it (whichever is the later).
We store information in different ways in both hardcopy and electronic form (including in various databases). We have implemented controls around technology and our organisational processes to assist us in protecting your information from misuse, interference and loss and from unauthorised access, modification or disclosure. This includes having in place confidentiality requirements for employees and contractors, as well as implementing document storage security policies, systems and site access restrictions.
How can you access and correct your personal information?
You may request access to any personal information or credit-related information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information or credit-related information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that any personal information or credit-related information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.
For any credit-related information that we hold about you, we will:
- respond to your request that for the correction of your credit-related information within 30 days (or such longer period as you may agree or we may request). If we cannot respond to your correction request without consulting with other credit providers or credit reporting bodies in relation to your request, we may do so and these bodies are permitted by law to assist us in resolving your correction request;
- if we agree to your request, promptly correct any credit-related information that we hold about you that we are satisfied is inaccurate, out-of-date, incomplete, irrelevant or misleading. If we do correct your credit-related information at your request, we will inform you and each other credit provider and credit reporting body to which we have previously disclosed that information that we have corrected your information. Where we disclosed your credit-related information after you made a complaint but before it was resolved, we will tell the recipient that you have made such a complaint and we will subsequently inform that entity of the outcome of your correction request; and
- if we have any other reasons for suspecting that the credit-related information that we hold about you has become inaccurate, out-of-date, incomplete, irrelevant or misleading, independently correct this information without consulting you. If we do this, we will take reasonable steps to notify that correction to you and to any other entities to which we have previously disclosed that credit-related information (unless it is impracticable for us to do so).
What is the process for complaining about a breach of privacy?
If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.
If your complaint relates to our failure to provide access to or to correct any credit-related information that we hold about you, you may lodge a complaint directly with the Office of the Australian Information Commissioner (for more information, please see oaic.gov.au) or to Credit Ombudsman Service Limited, who is our independent external dispute resolution provider and can also deal with complaints relating to credit-related information.
Otherwise, if you have a complaint in relation to our handling of your credit-related information that is not mentioned above or if you complaint relates to your Personal Information, you must first lodge your complaint with us using the details in section 15 (Contacting us) below and provide us with details of the incident so that we can investigate it.
We have a detailed internal dispute resolution policy, which will apply to investigating and dealing with any privacy breaches. Please contact us (using the details below) to obtain a copy of this policy.
We will treat your complaint confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
If you are not satisfied with our handling of your complaint or our proposed resolution, you have a right to lodge a further complaint with the Office of the Australian Information Commissioner (for more information, please see oaic.gov.au). The Office of the Australian Information Commissioner can provide you with further information about the next steps in its complaints process. If your complaint relates to credit-related information that we hold about you, you may instead lodge your further complaint with Credit and Investment Ombudsman (for more information, please see cio.org.au).
Where your complaint relates to the correction of your credit-related information and the resolution of your complaint requires us to correct your information, we will inform each other credit provider and credit reporting body that we have previously disclosed your information to that that you have made a correction complaint in relation to that information and that we have corrected your information as a result of the outcome of that complaint. However, if it is impracticable or illegal for us to do so we are not required by law to give this notification.
If you have any questions about this policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact our Compliance Officer using the details set out below. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
Please contact our Compliance Officer at:
PO Box 5012
South Melbourne, VIC, 3205
Telephone: (03) 9685 9759
Changes to our privacy and credit reporting policy
We may change this privacy and credit reporting policy from time to time. Any updated versions of this policy will be posted on our website and will be effective from the date of posting.This policy was last updated on 28 March 2014.