YOUR PRIVACY AND THE PROVISION OF CREDIT

There are 4 SECTIONS included in this statement form.

By indicating your consent to each section in this “Your Privacy and the Provision of Credit” form, you will be indicating that you have carefully read and understood each section separately and have given willing, informed, direct and not implied consent to the contents of each.  We invite you to give your consent to all four sections, but we emphasise – you have the right to refuse to consent to any one or more of the various sections.

Please read each Section carefully.

SECTION 1

PRIVACY CONSENT AGREEMENT

By consenting to this section you consent to Action Cash Loans and other entities, as listed below, collecting, holding, using and disclosing personal identification and credit information about you.  If you do not provide us with this consent, we will be unable to provide you with a loan.  For more detail, as for a copy of the company’s Credit Information (Privacy) Management Policy.  This policy contains detailed information concerning the company’s management and use of your information.

The Commonwealth Privacy Act 1988, as amended, the Commonwealth Privacy Regulations 2013, and the Credit Reporting Privacy Code 2014 empower and regulate Action Cash Loans in accordance with the following.

Use of your Information – Australian Privacy Principle 6

In accordance with Sections 21G, 21H, 21J and 21 M of the Privacy Act, Action Cash Loans collects and holds your personal identification and credit information only for the following purposes:

  • to verify your identity and other information provided;
  • to assess any application you make for funds;
  • to assess your financial circumstances;
  • to help us process your application for funds in an efficient manner;
  • to avoid the chance you may default on your payment obligations;
  • to notify you of a default;
  • to notify other credit providers of a default;
  • to facilitate the collection of overdue payments; and
  • efficiently manage and administer the loans and any services we provide to you.
    This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity, that you, other credit providers and credit reporting bodies and their authorised agents are allowed to provide to Action Cash Loans under the Privacy Act and/or Credit Reporting Privacy Code.  It may also include information provided by referees, relatives, real estate agents and employers listed on your loan application.
    By agreeing to this Section, you authorise Action Cash Loans to contact your bank, real estate agent, landlord, payroll officer and employer (past and present), plus referees and third parties listed in the credit application/assessment form, to provide any and all permitted relevant information they may have regarding you, including tenancy or employment history and bank accounts and other financial details.

Action Cash Loans may ask you for documents, including one or more of the following:

  • 90 days of bank statements, to date of application;
  • driver’s licence;
  • Centrelink income statements;
  • employment payslips;
  • bills and invoices, showing current address and payment information;
  • bank cards;
  • passport;
  • birth certificate;
  • proof of age cards;
    and the like.
    This information is only accessed, as required, by Action Cash Loans’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. Action Cash Loans will not sell, rent or trade your personal information.
    Action Cash Loans reasonably assumes that any referral to third parties that you may nominate, in order that Action Cash Loans may obtain or verify 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 Action Cash Loans contacting them.
  • Information disclosure to a credit reporting body

    In accordance with Section 21D of the Privacy Act, Action Cash Loans has chosen to continue with the lawful negative credit reporting (privacy) regime.  By consenting to this section, you specifically agree that the company may provide information to Veda, a credit reporting body.
    This disclosure will be for the following purposes only:

    • to obtain identity verification information;
    • to obtain a consumer credit report about you, and/or to allow the credit reporting body to create or maintain a credit information file, containing information about you.

Your identity verification

Action Cash Loans may verify your identity by attempting to match information you have provided with that held by a verification company and/or a credit reporting body.  This task may involve the disclosure of your name, date of birth and address, to verify whether or not the personal identity information you have provided to Action Cash Loans matches information held by that third party.

If we are unable to verify your identity by the above means, the company will inform you, so that you might contact the verification company or credit reporting body to update your information they hold, or you may ask Action Cash Loans to attempt to verify your identity by alternate means.

Information disclosed to one or more credit reporting bodies
The information disclosed to the credit reporting body is limited to (if applicable):

  •  identity particulars – your name, sex, address (and previous two addresses), date of birth, name of employer and driver’s licence number;
    • your application for funds – the fact that you have applied for funds and the amount;
    • the fact that Action Cash Loans is a current credit provider to you;
    • the fact that your loan has incurred overdue account status;
    • the fact that your loan has incurred default status; and
    • information that, in the reasonable opinion of Action Cash Loans, you have committed a serious credit infringement (i.e. you have been fraudulent, or indicated an unwillingness to repay your loan).

Information disclosure to other entities

Under Part 111A of the Privacy Act, Action Cash Loans may disclose your personal information to:

    • other credit providers;
    • our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business;
    • the Credit & Investments Ombudsman, to which a complaint relating to a particular service we provide to you can be referred. Telephone 1800138422, or info@cio.org.au; and
    • any court or tribunal as may be required by law.

Action Cash Loans may provide limited permitted information to real estate agents, employers, referees and other third party entities that you may have listed in the application/assessment form associated with your application for a loan, for identity and/or credit information verification purposes.
The names and contact details of the other credit providers with whom we have shared information, if any, will be provided on request, as they vary from time to time and for the particular consumer.

Period to which this understanding applies

The information may collected or disclosed before, during, or after the term of the provision of funds.

Information disclosure in the event of a default of your payment obligations

In the event of the creation of an overdue account and/or default of the payment conditions entered into in with Action Cash Loans, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Action Cash Loans to assist in the process of recovery of the funds advanced, plus all associated fees and charges (if any) and all relevant legal and reasonable administrative costs incurred.

Access to your personal information

You may access your personal identification and credit information and request changes where relevant.  You can apply to Action Cash Loans to obtain access to your personal information by contacting the Privacy Compliance Manager by telephone 03 43931626, email at privacy@actioncashloans.com.au

You can also apply to access the personal information Veda holds about you.  They may be contacted on telephone: 1300 762 207, or via their website at www.mycreditfile.com.au.

Concerns and complaints

If you have any privacy management concerns during the application process and/or loan term, please contact Action Cash Loans’ Privacy Compliance Manager.  You also have a right to ask the relevant credit reporting body not to use your information for pre-screening credit offers and/or not to use your information, if you believe that you have been a victim of fraud.

Commercial credit Information

In order to assess an application for commercial funds, Action Cash Loans may obtain a report containing information about your commercial credit activities and/or credit worthiness from a credit reporting body.  To the extent that any of this information could be regarded as personal, the provisions outlined in this section, in regard to personal information apply.

DECLARATION BY CONSUMER

I/we acknowledge that I/we have read the above and note and accept the rights of Action Cash Loans concerning the collection and use of my/our personal identification and credit information.

SECTION 2

Information Disclosure and Communications Under the SPAM Act 2003

You are informed that Section 16 of the Spam Act provides that Action Cash Loans 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, Action Cash Loans would prefer to communicate with you using such electronic means.

Without your permission, written communications will have to be conveyed by Australia Post.

DECLARATION BY CONSUMER

I/we acknowledge that I/we have read, understood and noted the above and hereby provide my/our expressed and informed consent for Action Cash Loans to communicate with me/us electronically, via email, fax and/or SMS as relevant, address details for which we have willingly provided for contractual and communications purposes.

SECTION 3

The Electronic Transactions Act 1999

You are informed that the Electronic Transactions Act requires that, before Action Cash Loans can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for Action Cash Loans to communicate with you in that way.

We seek your permission to:

  1. electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
  2. send you electronic messages, rather than providing paper copies.

You are informed that, in giving this permission, you are agreeing to:

  1. use the relevant computer programs and have sufficient internet capacity to interact with Action Cash Loans’ system;
  2. regularly check your email Inbox and/or fax machine and/or SMS Inbox;
  3. not blame Action Cash Loans if any properly sent electronic message does not reach you; and
  4. notify Action Cash Loans of any changes to your electronic addresses, and absolve Action Cash Loans from any liability if you fail to do so.

We remind you that you can withdraw your permission for the above at any time, provided you give Action Cash Loans 24 hours notice, confirming your current address and contact details.

DECLARATION BY CONSUMER/S

I/we acknowledge and accept that I/we have read, understood and noted the above and hereby provide my/our expressed and informed consent for Action Cash Loans to communicate with me/us electronically, under the Electronic Transactions Act 1999 and associated Regulations.

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 section, you attest that Action Cash Loans has informed you of the following statutory provisions.

Under Section 35A(1), this can include the electronic provision of your name and/or address and/or date of birth, as you may have provided to us, to a credit reporting body.  This information can and frequently has to be provided to credit reporting bodies by Action Cash Loans, 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 both our AML/CTF responsibilities and our mandatory credit unsuitability/suitability assessment process under the National Consumer Credit Protection Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means.

In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting body yourself, or by alternative means, or your contact with the credit reporting body is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot give you a loan.  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 body we contacted, the personal information we provided and the assessment with which we were supplied.

DECLARATION BY CONSUMER/S

I/we acknowledge and accept that I/we have read, understood and noted the above and hereby provide my/our express and informed consent to allow Action Cash Loans to undertake electronic or emailed verification of my/our identity.

GENERAL DECLARATION

I/we acknowledge and accept that the four sections of this document are part of a credit application and loan suitability assessment process and may also apply to the consequent loan administration and/or collection facilitation.

Your Information

  1. Should you choose, you may send information, as requested on page 3, to this site.
  2. There should be no attempt to send any other information to this site.
  3. No responsibility, direct or indirect, is taken by Action Cash Loans for the results of such unauthorised communications attempts.

No interference

No attempt shall be made, by any website visitor, to interfere in any way with this site. Such interference includes the transferring of information, viruses or codes and the like, altering this site, or in any other manner causing harm or damage.

Indemnity

The website visitor agrees to indemnify Action Cash Loans against all claims, damages and other liabilities arising, directly or indirectly, foreseeable or unforeseeable at the time, as a result of a breach by the visitor of any one or more of this “Your Privacy and the Provision of Credit” document.

Website Visitor’s Signature

By affixing my electronic signature to the Privacy Consent Agreement on page 3, I hereby agree to all the above terms and conditions for visiting and using this website.