“We”, “us” and “our” refers to Atlas Investment Firm Pty Ltd ABN 64 627 941 299 and related bodies corporate, and also includes any credit provider that we act for as agent;
“you” refers to the persons who are applying for credit from us or proposing to act as a guarantor or provider of security, or who are directors of a company that is applying for credit from us; and words defined in the Privacy Act 1988 (Cth) have the same meaning.
Our contact details: You can contact us as by email at [email protected] or by calling 0401 500 849
Your acknowledgements and consents: By signing this document you acknowledge and agree to the statements in this document.
Why we collect personal information: We may collect personal information about you for the following purposes:
to answer an enquiry from you;
to provide, administer and manage the product and service you requested and audit and evaluate those products and services;
to enable us to improve, develop, administer customise and manage our services and business
to assess your application and manage your account with us;
to compile a customer profile about you to serve you better;
to engage a credit reporting body (CRB) to conduct a credit and reference check;
to assess your creditworthiness;
billing purposes and collection of debts
for statistical purposes such as modelling and testing data;
future promotional and marketing purposes including direct marketing purposes, and to inform you of special offers, promotions and competitions; for research purposes to better improve our website, products or services;
to notify a credit reporting body or other credit providers of your payment history or any default by you of your agreement with us;
conduct credit scoring, securitization, research, risk management and portfolio analysis;
provide and administer any related rewards program;
to deal with complaints and enquiries; and to enforce our rights when you are in breach
Collection required by law: Collection of some personal information about you may also be required or authorised by or under an Australian law. These laws include:
the Anti-Money Laundering and Counter- Terrorism Financing Act 2006 (Cth), rules and other subordinate instruments which require us to collect personal information about you when verifying your identity;
the National Consumer Credit Protection Act 2009 (Cth), which requires us to make inquiries about you when assessing an application for credit by you; and the Personal Property Securities Act 2009 (Cth), under which we may need to collect personal information about you to record a security interest on the Personal Property Securities Register.
If you do not provide personal information: The main consequences for you if all or some of the personal information is not collected by us are that we may not be able to provide services to you, or be able to provide them to the same standard. In the case of a credit application, we may not be able to make a decision whether to provide credit to you if you do not give us the information we request.
Collecting information about you from someone else: We may collect and use personal information about you from someone else, such as from a CRB or another credit provider when we are assessing your credit application; collecting a debt you owe, managing your credit and related funding arrangements; assess an application by you to be a guarantor in relation to credit; review your credit on a periodic basis as though assessing a new application; collect overdue payments; and create assessments and ratings of your credit worthiness.
Disclosure of personal information: We usually disclose personal information of the kind collected by us to:
related companies of ours; distributors and introducers of our products and services; CRBs; other credit providers and insurers;
service providers including mailhouses, printers, call centres, marketing companies, and technology providers; government bodies;
persons who act as your guarantor or who provide security for credit to you; debt collectors and assignees of your debts;
a recognised external dispute resolution scheme of which we are a member; and our professional advisors, including our lawyers, auditors and accountants.
You agree that we may disclose personal information about you to these persons for the purposes for which we collect it where permitted by law, including the Privacy Act. You acknowledge that we may provide your personal information to these persons when required by law.
Credit reporting bodies: You authorise us and our agents to obtain credit reporting information about you from a CRB or other business that provides information about credit worthiness. You allow such an entity to create or maintain credit information about you (before, during or after the provision of credit to you). The information may include: permitted identification particulars; the fact that I have applied for credit and the amount and type of credit; the fact that we are a credit provider to you; credit limit; loan start/end dates; repayment history; ‘default information’ (in addition to and without limiting repayment history information), i.e. payments overdue for more than 60 days in specified circumstances; in relation to those overdue payments, advice about new payment arrangements or that those payments are no longer overdue; in specified circumstances that in our opinion there has been a serious credit infringement (e.g. fraud); and other credit worthiness information that can be disclosed under the Privacy Act. The CRBs that we are likely to disclose your personal information to are:
A credit reporting body may disclose credit reporting information about you to us if we request the Disclosure to us for commercial credit and guarantees: information:
to assess an application for commercial credit made by you to us;
to collect overdue payments in relation to commercial credit provided by us to you; or
To assess whether to accept you as a guarantor in relation to credit provided by us to another person or credit for which an application has been made to us by another person.
Authority to exchange sensitive information: In some cases, sensitive information may be collected for specific purposes (for example, information regarding your health to enable the assessment of a hardship relief application). The references in this Privacy Statement to personal information include sensitive information such as your medical and health related details, and you agree that we may exchange such information with other parties listed in this Privacy Statement for the purpose of assessing or processing such applications and may seek further information from any medical attendant consulted by you.
Authority to give information to guarantors: you authorise us to give to any person who guarantees or indemnifies, or is to guarantee or indemnify, your obligations (“Guarantor”) information about your credit worthiness, credit standing, credit history or credit capacity for the purpose of determining if that person wishes to act as a Guarantor and keeping the Guarantor informed of the guarantee or indemnity, and for any purposes related to the proposed or actual enforcement of the guarantee or indemnity.
Authority to obtain information about guarantors: (This section addresses additional matters relevant if you are a Guarantor) you authorise and consent to us or our agents collecting personal information about you and obtaining both your personal and commercial credit reports from a CRB, to assess your capacity as a guarantor. If you are accepted as a guarantor we may disclose your personal information to external agents, professional advisers and service providers, for the purpose of managing the account and contacting you in relation to the guarantee or indemnity provided. You authorizes us and our agents to provide to the person/s in respect of whom you are a Guarantor personal information about your credit worthiness, credit standing, credit history or credit capacity for any purposes related to the product or any proposed or actual enforcement of the product, guarantee or indemnity. You acknowledge and agree that if we provide the product, this authority remains in force until the credit under the product is fully and finally settled and discharged.
Authority to use information for administration processes: you authorise us to use any information collected in this application and in subsequent administration processes for future applications you may wish to make for other products and/or services and related services, and to disclose this information to our related bodies corporate for similar use. Information collected for this purpose will only be used to the extent permitted at law. Disclosure to us for permitted purpose: A credit reporting body may also disclose credit reporting information about you to us for a purpose permitted by the Privacy Act. This includes assessing an application for consumer credit by you.
Disclosure by us to other credit providers: You authorise us to give to and obtain from our agents (as defined in the Act) and any credit providers information about your credit worthiness, credit standing, credit history or credit capacity, and to give and receive a banker’s opinion for purposes connected with your creditworthiness, business, trade or profession. The information may be exchanged for, but not limited to, any of the following purposes:
to assess an application for credit by you; to assess you becoming a guarantor;
to assess your creditworthiness at any time during or after the life of a credit arrangement;
to notify credit providers of a default by you of your agreement with us; or
to advise credit providers of the status of your agreement with us, where you are in default with credit providers.
To file or obtain an opinion on you; and
Any other purpose permitted by law
Disclosure by us to a guarantor or security provider: We may disclose credit eligibility information about you if we have provided credit to you or you have applied to us for credit, and the disclosure is to a person with an Australian link for the purpose of that person considering whether to offer to act as a guarantor or to offer property as security for the credit. We may also disclose this information to a person with an Australian link who is a guarantor in relation to credit provided by us to you, or who has provided property as security for such credit.
Personal information you give us about another person: If there is another person named in an application for credit, you may need to provide their personal information to us. You warrant that the other person has consented to the collection of their personal information by us for the reasons it is being collected.
You consent and agree that: (a) we may give you notices or documents by electronic communication, including by sending the notice or document to the email address provided with your application or the last email address you have otherwise notified; (b) if a notice or document is so given, it will be taken to be given at the time when the notice or document has entered your information system; (c) where a notice or document requires acceptance of the information contained therein, such an intention can be met electronically with the utilisation of an electronic signature; (d) paper notices and documents may no longer be given to you; (e) electronic communications should be regularly checked for notices and documents; and (f) your consent to the giving of notices and documents by electronic communication may be withdrawn by you at any time.
We, our related companies and any third parties involved in the introduction or referral of this application (including any dealers or suppliers of items the subject of your application) or with whom we have white label arrangements may exchange and use your personal information to contact you on an ongoing basis by telephone, electronic communications (like email), online and other means to offer products or services that may be of interest to you, including offers of banking, financial, advisory, investment, insurance and funds management services, and assets suited to leasing or finance (including vehicles, medical equipment, computers, office equipment, machinery and manufacturing equipment).
Credit reporting policy: Our credit reporting policy includes information about credit reporting, including:
The credit reporting bodies to which we are likely to disclose your credit information;
How credit reporting information is used and your rights in relation to credit reporting information;
Information about how you may seek the correction of credit information held by us; and
How you may complain about a failure by us to comply with Part IIIA of the Privacy Act or the Credit Reporting Privacy Code, and how we will deal with such a complaint. You can get a copy of our credit reporting information policy online at www.atlasinvestment.com/creditreportingpolicy . You can request us to provide you with a copy of the policy in an alternative form such as a hard copy.