Credit Reporting Policy: WingArc Australia Pty Ltd
(Last modified: 4 June 2018)
This Credit Reporting Policy sets out how WingArc Australia Pty Ltd (“we”, “us” and “our”) collect, use, disclose and otherwise manage credit-related information and applies if you or an entity with which you are associated apply for or are extended credit with us.
We reserve the right to update or amend this Credit Reporting Policy from time to time. When we update or amend this Credit Reporting Policy, we will post the latest version of the Policy to our website. We recommend that you regularly review this website to ensure that you are aware of our current Credit Reporting Policy.
In this Credit Reporting Policy, the following have their respective meanings:
2.1 “credit information” has the meaning given to the term by the Privacy Act 1988 (Cth) and includes personal information used to identify an individual, the individual’s history of repayment of credit, types of credit applied for by the individual, default information, payment information, information about new payment arrangements, court proceedings and insolvencies, and publicly available information recorded on the National Personal Insolvency Index;
2.2 “CRB derived information” has the meaning given to the term by the Privacy Act 1988 (Cth);
2.3 “credit reporting information” about an individual means credit information, or CRB derived information, about the individual;
2.4 “CP derived information” has the meaning given to that term and includes personal information about the individual that is derived from credit reporting information about the individual that was disclosed to us by a credit reporting body that has any bearing on the individual’s credit worthiness and that is used, has been used or could be used in establishing the individual’s eligibility for consumer credit;
2.5 “credit eligibility information” about an individual means credit reporting information about the individual that was disclosed to us by a credit reporting body under the Privacy Act 1988 (Cth) or CP derived information about the individual; and
2.6 “credit-related information” means credit information, CP derived information and/or credit eligibility information.
Credit reporting bodies will provide us with “credit eligibility information”.
3 Scope of policy
This policy applies only to credit-related information sourced from within Australia. This policy does not apply to any foreign credit information or information provided to us by foreign credit providers. We will take all reasonable steps to ensure that any credit-related information we hold about an individual is not available to foreign credit reporting bodies or foreign credit providers.
Where we provide you or an entity associated with you with credit (in the form of us providing you with products and/or services and allowing a time in excess of seven days for you to pay us for those products and/or services) or where we are considering an application to provide you with credit, we may collect credit information about you.
We may collect such information from you in a number of ways, including through face-to-face meetings, your email and other communications with us and over the telephone. We may also collect such information from people acting on your behalf.
We may collect your credit-related information when you request that we supply products and/or services to you or to an entity with which you are associated. We collect this information directly from you and we may collect this information from third parties (including the entity with which you are associated).
We may also collect credit-related information from credit reporting bodies or from other credit providers, where permitted by the Privacy Act 1988 (Cth).
Additionally, we may collect information about you from a credit reporting body, such as Dun & Bradstreet.
Further, we may collect information about you from publicly available sources of information, such as information registers made available by the Australian Securities & Investments Commission and other governmental regulators and agencies.
5 Purposes of collection, use and disclosure
We collect, hold and use your information to provide services to you. This extends to incidental and ancillary purposes, such as determining whether to extend you credit as part of those services.
We may disclose your personal information to a credit reporting body for the purpose of obtaining from that credit reporting body credit reporting information for a purpose related to the provision of credit to you in accordance with the relevant provisions of the Privacy Act 1988 (Cth).
For the purposes of such disclosures, the credit reporting bodies we may disclose your credit-related personal information are as follows: Dun & Bradstreet.]
The information that we may disclose to credit reporting bodies includes: (a) your identity details; (b) the fact that you have entered into an agreement with us to purchase products and/or services from us; and (c) the fact that we are a credit provider to you.
We may collect and use your credit-related information in order to assess your financial position for our internal management purposes that are directly related to the supply of products and/or services to you (or to an entity with which you are associated), and where otherwise required or permitted by law.
In addition to possible disclosure of credit-related information to credit reporting bodies, we generally disclose credit information to entities that help us with our business operations and activities. These may include:
- related bodies corporate;
- our agents, contractors and external service providers;
- payment systems operators (for example, merchants receiving credit card payments);
- other entities who jointly with us provide products or services to you;
- our financial advisers, legal advisers or auditors;
- your representatives;
- where permitted by law, debt collection agencies.
We may also disclose your credit information to third parties where we are required or authorised by law or where we have a public duty to do so, and when you have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances, and when otherwise permitted to disclose the information under the Privacy Act 1988 (Cth).
We may disclose repayment history information to the credit reporting bodies with whom we deal in accordance with the provisions of the Privacy Act 1988 (Cth).
In accordance with the relevant provisions of the Privacy Act 1988 (Cth), we may also disclose to credit reporting bodies information about defaults on credit, except where an exception applies and where overdue payments previously disclosed by us to the relevant credit reporting body have been made.
6: Access to and correction of your credit-related information
As a credit provider, as required by law, we will provide you with access to the credit-related information that we hold about you and the opportunity to correct such information in accordance with our policy that applies to personal information.
Where you submit a request to access the information we hold about you, we will usually provide you with access within 30 days of our receipt of your request, but in some circumstances it may take longer. Please also note that we reserve the right to verify your identity to ensure that we do not inadvertently grant access to information to which you are not authorised to access.
Please note that we are, in circumstances as permitted by the Privacy Act 1988 (Cth), entitled to deny you access to some or all of your credit eligibility information. Where we deny you access, we will provide you with reasons for such denial (where it is reasonable for us to do so) in writing. If you are not satisfied with our response, you may submit a complaint to the Privacy Commissioner.
We do not charge for making an access request but we reserve the right to charge you a fee to cover the reasonable costs we incur in providing access in response to your request, in accordance with the provisions of the Privacy Act 1988 (Cth).
You may access our policy concerning how we manage credit-related information by accessing our website from time to time; alternatively, you can contact our Privacy Officer (details below) in order to request a hard copy of our policy from time to time.
If you believe that any information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading you have a statutory right to request that we correct such information. You can make a correction request by contacting our privacy officer whose details are set out below.
We will endeavour to resolve correction requests within 30 days of your making a request. If we need more time to resolve your request we will notify you as to the delay, the reasons for it and seek your written agreement to a longer period.
If we consider it necessary in order to deal with your request, we may consult with a credit reporting body or another credit provider, to the extent permitted by law.
You will not incur any cost in making a correction request or for the correction of your information.
If you believe that we have not complied with our obligations under the Privacy Act 1988 (Cth) with respect to the credit-related information we hold about you, then you have the right to make a complaint. You must specify the nature of the complaint. A complaint can be submitted to us at the details below.
Once we have received the complaint, we will investigate the complaint fully and aim to resolve the complaint as quickly as possible (generally within 30 days of receipt).
If we cannot resolve your complaint within 30 days of our receipt of the complaint, then we will notify you in writing as to the reasons why, specify a date as to when we expect to resolve your complaint and seek your agreement to extend this 30 day period.
Please note that if we consider it necessary or appropriate to consult with other credit reporting bodies or credit providers to deal with your complaint, then to the maximum extent permitted by law, we reserve the right to do so. If, while the complaint remains unresolved, we disclose information subject to the complaint to a third party, we may advise the third party about the complaint.
Depending on the nature of the complaint, sometimes we may be required to notify a credit reporting body or a credit provider of the making of the complaint and our decision.
If you are not satisfied with the manner in which we handle your complaint or the manner in which we resolve your complaint, you may submit a complaint to the Privacy Commissioner.
8 Contact details
Our Privacy Officer may be contacted as follows:
WingArc Australia Pty Ltd
Statement of Notifiable Matters under the Credit Reporting Privacy Code
Under the Credit Reporting Privacy Code, there are several ‘notifiable matters’ that we are required to disclose to you at or before the time of collecting personal information that is likely to be disclosed to a credit reporting body.
These matters are as follows:
1 the credit reporting body may include the credit information we provide to the credit reporting body in reports, which it then provides to other credit providers to assist those other credit providers to assess your credit worthiness;
2 if you commit a serious credit infringement, we may disclose this to a credit reporting body;
3 you can request a copy of our Credit Reporting Policy by contacting us, or obtain a copy directly from our website;
5 you have the right to access credit information we hold about you, request that we correct the information, and to make a complaint as set out in our Credit Reporting Policy;
6 you can request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and
7 you can request a credit reporting body not to use or to disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.
For the purpose of this statement of notifiable matters, “credit information” is personal information that has a bearing on credit that has been provided for by us or for which you have applied. It can also include information about you as a guarantor of credit provided by us to a third party.