Thank you for applying for a credit account with Funda Finance Partners
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
***For an Application to be considered for approval, ALL Directors and their information must be included in the Application.***
If you require any assistance with your application, please contact our accounts department on 1300 647 996
Australian Credit Licence No. 437240
CreditorWatch Pty Limited ACN (144 644 244) (“CreditorWatch” or “we”, “our” or “us”) is bound by the Privacy Act 1988 (as amended) (“Privacy Act”), including the Australian Privacy Principles. This Privacy Policy sets out how we treat the personal information that we collect, use and disclose and our procedures regarding the handling of personal and sensitive information, including the collection, use, disclosure and storage of information, as well as the right of individuals to access and correct that information.
From time to time, we may revise or update this Privacy Policy or our information handling practices. If we do so, the revised Privacy Policy will be published on our website www.creditorwatch.com.au
CreditorWatch may collect personal information in order to conduct our business, to provide and market our services and to meet our legal obligations. By using our website or our services, or by providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy.
The types of personal information we may collect and hold includes (but is not limited to) personal information about:
Personal information that we collect and may hold include:
You are not obliged to provide personal information to CreditorWatch. However in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.
In some circumstances, you may provide to us, and we may collect from you, personal information of a third party. Where you provide the personal information of a third party, you must ensure that the third party is aware of this Privacy Policy, understands it and agrees to accept it.
If it is necessary to provide specific services to you, we may collect sensitive information about you. Under the Privacy Act, “sensitive information” includes but is not limited to information or an opinion about an individual’s racial or ethnic origin, religious belief, or criminal record and also includes health information about an individual. However, we will only collect sensitive information from you if you agree to provide it to us, you authorise us to obtain it from a third party or where the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order or otherwise where the collection is not prohibited under the Privacy Act. We will only use sensitive information in accordance with the Privacy Act and for the purpose for which it is provided.
We collect personal information in the following ways:
We may also collect information about you from third party suppliers and government database services.
We store personal information in computer storage facilities and paper-based files. We take steps to protect your personal information against loss, unauthorised access, use modification or disclosure. Some examples of the steps we take to protect your personal information include:
Information that may identify you as a user may be gathered during your access with our website.
Our website includes pages that use ‘cookies’. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer. The cookie assists us in identifying what our users find interesting on our website.
A cookie will be allocated each time you use our website. The cookie does not identify you as an individual in our data collection process, however it does identify your Internet Service Provider.
You can configure your web browser to refuse cookies. If you do so, you may not be able to use all or part of our website.
CreditorWatch, or its related body corporates in the ATI Group, may collect some personal information that is a government related identifier.
Personal information from identity documents may be provided to the document issuer or official record holder via third party systems for the purpose of confirming your identity, for example, the Australian Government’s Document Verification Service (DVS). Where CreditorWatch does collect government related identifiers, they are maintained on a separate database for audit and compliance purposes.
CreditorWatch may use or disclose a government related identifier where:
We collect, hold, use and disclose personal information for a variety of business purposes including:
We also collect, hold, use and disclose your personal information to:
If you do not wish to disclose your personal information for the purpose of direct marketing or you would like to opt-out of receiving direct marketing communications, you can do so by contacting the CreditorWatch Privacy Officer using the contact details set out below, or by following the instructions to unsubscribe which are contained in a communication that you receive from us.
The ATI Group and Related Companies
The ATI Group includes our parent company Australian Technology Innovators Pty Ltd, LEAP Legal Software Pty Ltd, InfoTrack Group Pty Ltd and their subsidiaries, CNCNA Pty Ltd (trading as eCompanies), InfoTrack Limited (NZ), InfoTrack Group Limited (UK) and its subsidiaries, and LotSearch Pty Ltd. Different companies within the ATI Group provide different services.
The ATI Group may share information with our integration partners to ensure the smooth running of the services which we, and they, provide. These partners include Sympli Pty Ltd, Practice Evolve Group Pty Ltd and its subsidiaries, Legal Software Developments Pty Ltd and its subsidiaries, and other partners as mentioned on our website and updated from time to time. At times, we may need to provide personal information to them to help them run their businesses or for reporting purposes. We may also share your personal information within the wider Australian Technology Innovators Pty Ltd group companies (ATI Group) and with our service providers for the purposes outlined above.
Third Party Service Providers
We may disclose your personal information to third party service providers who assist us in providing the services you request, including public authorities and providers of information services.
We may also disclose your personal information to third parties who work with us in our business to promote, market or improve the services that we provide, including:
We may also combine your personal information with information available from other sources, including the entities mentioned above, to help us provide better services to you.
Where we do share information with third parties, we require that there are contracts in place that only allow use and disclosure of personal information to provide the service and that protect your personal information in accordance with the Privacy Act. Otherwise, we will disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main purpose for which we collected the information and you would reasonably expect us to do so.
As a credit reporting agency, we may share your credit information in accordance with industry consumer credit reporting standards including:
These standards ensure that your personal information in relation to your consumer credit is managed regarding:
We do not presently disclose personal information to any organisations located overseas; however, we do disclose information in Australia, for the purposes described above, to some multinational organisations that are located both in Australia and overseas, including the United Kingdom, the United States and New Zealand.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.
CreditorWatch is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Policy, CreditorWatch is able to process your Personal Information in accordance with this Privacy Policy.
In providing services to you, CreditorWatch may make use of a number of automated processes using your Personal Information and your activity on our site as tracked by us, in order to provide more tailored and relevant services to you.
In addition to your rights set out above, you may update or rectify any of your Personal Information that we hold about you, in the manner described in the “How you can access your personal information” paragraph above.
You have a right to request access to your personal information which we hold about you and to request its correction. You can make such a request by contacting the CreditorWatch Privacy Officer using the contact details set out in this policy.
We will respond to any such request for access as soon as reasonably practicable. Where access is to be given, we will provide you with a copy or details of your personal information in the manner requested by you where it is reasonable and practicable to do so.
We will not charge you a fee for making a request to access your personal information. However, we may charge you a reasonable fee for giving you access to your personal information.
In some cases, we may refuse to give you access to the information you have requested or only give you access to certain information. If we do this, we will provide you with a written statement setting out our reasons for refusal, except where it would be unreasonable to do so.
We will take such steps (if any) as are reasonable in the circumstances to make sure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant.
If you believe the personal information we hold about you is inaccurate, irrelevant, out of date or incomplete, you can ask us to update or correct it. To do so, please contact us using the contact details listed below.
If we refuse your request to correct your personal information, we will let you know why. You also have the right to request that a statement be associated with your personal information that says you believe it is inaccurate, incomplete, irrelevant, misleading or out of date.
If you have any questions about this Privacy Policy, if you wish to correct or update information we hold about you or if you wish to request access or correction of your personal information or make a complaint about a breach by CreditorWatch of the Australian Privacy Principles (including the way we have collected, disclosed or used your personal information), please contact:
CreditorWatch Privacy Officer GPO Box 4029 Sydney NSW 2001 privacy@creditorwatch.com.au 1800 738 524
We will acknowledge and investigate any complaint about the way we manage personal information as soon as practicable. We will take reasonable steps to remedy any failure to comply with our privacy obligations. If you are unhappy with our handling of the complaint, you may contact the Australian Information Commissioner.
Last update: 29 May 2019
YOUR PRIVACY AND FUNDA
Australian Credit Licence Number 437240
Your consent to this Statement will indicate that you have carefully read and understood each section separately. If you consent, you are indicating that you have given willing, informed, direct and not implied consent, to the contents of each section. If you consent, you have indicated that you have given continuing consent for any current contract, future contract and the subsequent administration of those contracts that you may enter into with FUNDA, until you withdraw your consent, providing FUNDA with a minimum of 24 hours’ notice. Such withdrawal is entirely at your discretion.
We invite you to give your consent to all five sections, but we emphasise, you have the right to refuse to consent to any one or more of the various sections. This may be taken into consideration by FUNDA in assessing your application.
Please carefully read each Section.
SECTION 1
PRIVACY – PROTECTION OF INFORMATION – STATEMENT AND DECLARATION
The Commonwealth Privacy Act 1988, as amended, the Privacy Amendment (Private Sector) Act 2000, the Privacy Amendment Act 2004, with the associated Australian Privacy Principles, and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 empower and regulate FUNDA in its collection of information about you, coming both from you and other sources, such as credit reporting agencies, your referees, real estate agents, your bank, past or present employers, any other business organisations that may have information relevant to your application for funds, and from any publicly available sources of information. These Acts also regulate the use of such information.
Use of Information (section 14, principle 2)
FUNDA collects personal credit information for the following purposes:
By consenting to this Statement, you will be giving permission to FUNDA to use all or any part of the information you provide and the information collected in association with your loan or lease, during the loan or lease term, for the above listed purposes.
This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity. This may include information that, prior to 14 March 2014, may not be given to a credit reporting agency but, after that date, may be provided to such an agency as part of the comprehensive credit reporting laws that commence on that date.
This information is assessed, only as required, by FUNDA’s employees, Authorised Credit Representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. FUNDA will not sell, rent or trade your personal information.
We assume that any referral to third parties that you may nominate, in order to obtain your personal 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 FUNDA 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 and its authorised agents may disclose your credit information to credit reporting agencies for the following purposes:
Information Disclosure to Other Organisations
Under Section 18N(1)(b) and 18N(1)(g), Privacy Act 1988, FUNDA may disclose your personal information to:
Information Disclosed
The information disclosed to the above is limited to (if applicable);
In accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012, the information disclosed to the above, which may be collected from the 12th December 2012 and disclosed to the credit reporting agencies commencing 12 March 2014, may include the following additional information [subsection 6(1)]:
The name of the credit provider;
Whether or not the provider is a licensee;
The type of consumer credit;
The day on which the consumer credit is entered into;
The terms or conditions of the consumer credit:
In accordance with the Enhancements Act, this information will be available for assessing applications or collecting overdue payments.
Period to which this understanding applies-
Access to Commercial Credit Information under Section 18L(4), 18K(1)(b) and Part 111A in general, Privacy Act 1988
In order to assess an application for funds, FUNDA will need to obtain a report containing information about your credit activities and/or credit worthiness, from a business which provides information about the credit worthiness of people.
This information may be kept on these business’ databases under categories listed as “personal” and/or “business” and/or by another title that may not imply “personal”. The information will concern credit eligibility and liability that may relate to both credit contracts and leases including, but not limited to, defaults, payments and enquiries, as may lawfully be obtained.
Information Disclosure in the Event of a Default of Your Payment Obligations
In the event of any default of the payment conditions entered into with FUNDA, any information you have provided shall be made available to personnel employed by solicitors and/or debt collection agencies authorised by FUNDA, to assist in the process of recovery of the funds advanced, plus all associated fees and charges (if any) and all legal and administrative costs incurred, following the default.
Information Disclosure, Where There are Two Borrowers
If you are one of two borrowers on the same contract, by consenting to this Statement you agree to the disclosure of your name, contact details, the amount you are borrowing and your repayment obligations, to the second borrower listed on the contract. This disclosure, demanded by the mandatory provision of the completed contract to both borrowers, under the National Credit Code, is undertaken on the understanding that the other person borrowing will regard such information concerning yourself as absolutely confidential, just as you regard such information about them as absolutely confidential.
By consenting to this Statement you attest that you will not consider this disclosure as an interference with your privacy under Section 13, Privacy Act 1988, and you hereby give consent for such disclosure to that other person, in accordance with Information Privacy Principle 11(1)(b), Privacy Act, 1988.
Positive Credit Reporting
You are advised that the December 2012 amendments to the Privacy Act empower FUNDA to collect information that will not be able to be presented to a credit reporting agency until after March 2014. However, the amending legislation makes it legal to present such information after that date.
Concerns and Complaints
If you have any privacy issues during the period in which funds have been advanced to you, please contact The Privacy Director of FUNDA.
SECTION 2
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that FUNDA cannot communicate with you via a “commercial electronic message” (email, fax, SMS) without your consent. As you would expect, for speed and convenience, where possible and with your permission, FUNDA would prefer to communicate with you using such means. Without your permission, written communications will have to be conveyed by Australia Post.
SECTION 3
The Electronic Transactions Act 1999
You are informed that the Electronic Transaction Act requires that, before FUNDA can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for FUNDA to communicate with you in that way.
We seek your permission to:
You are informed that, in giving this permission, you are agreeing to:
We remind you that you can withdraw your permissions for the above at any time, provided you give FUNDA 24 hours notice, confirming your current address and contact details.
SECTION 4
Information Disclosure Under the Commonwealth Anti-Money Laundering and Counter-Terrorism Legislation
You are informed that, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006(AML/CTF Act), there are provisions for the use of credit reporting information, to assist in identity verification. By consenting to this Statement you attest that FUNDA has informed you of the following statutory provisions.
Under Section 35A(1), this can include the provision of your name and/or address and/or date of birth, as you may have provided to us, to a credit reporting agency by electronic communications. Such information can and frequently has to be provided to credit reporting agencies by FUNDA, for a matching process entailing comparison with personal information about you they already have on their files.
If there is no satisfactory match found and/or the level of verification which we must seek, as part of our mandatory credit unsuitability assessment process under the NCCP Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means, before we can proceed with your application.
In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting agency yourself, or by alternative means, or your contact with the credit reporting agency is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot proceed with your application. To do so would threaten our Australian Credit Licence.
Please note that we have to keep a record for 7 years, regarding which credit reporting agency we contacted, the personal information we provided and the assessment with which we were supplied.
SECTION 5
Third Party Access to Bank Accounts
By consenting to this Statement, you indicate approval for a third party to access your bank account details, subject to a separate agreement between you and that third party. In providing that approval, you also consent to FUNDA being provided with access to the reports generated by the third party. In such circumstances, you will not hold FUNDA liable, in whole or part, for any breach of privacy that may be committed by that third party and any consequent direct, or indirect adverse result.