Privacy Consent Agreement
YOUR PRIVACY AND THE PROVISION OF CREDIT
There are 4 SECTIONS included in this form.
By continuing to the next 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. You are indicating that you have given willing, informed, direct and not implied consent to the contents of each section. We invite you to give your consent to all four, but we emphasise, you have the right to refuse to consent to any one or more of the various sections.
Please carefully read each Section.
PRIVACY CONSENT AGREEMENT
By consenting to this section you consent to Rapid Loans Pty Ltd ACN 103 660 546 (“Rapid 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, read the company’s Credit Information (Privacy) Management Policy available on this website or, on request, via printed copy. 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 Rapid Loans in accordance with the following.
Use of your information – Australian Privacy Principle 6
In accordance with Sections 21G, 21H, 21J and 21M of the Privacy Act, Rapid 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 Rapid 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 Rapid 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 account and other financial details.
Rapid Loans may ask you for documents, including one of 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;
- Birth certificate;
- Proof of age cards;
and the like.
This information is only accessed, as required, by Rapid Loans’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. Rapid Loans will not sell, rent or trade your personal information.
Rapid Loans reasonably assumes that any referral to third parties that you may nominate, in order that Rapid 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 Rapid Loans contacting them.
Information disclosure to a credit reporting body
In accordance with Section 21D of the Privacy Act, Rapid 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 credit reporting bodies (including but not limited to Equifax Australia Information Services and Solutions Pty Ltd (formerly Veda), Dun & Bradstreet Consumer Credit (DBCC Pty Ltd). 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
Rapid 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 Rapid 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 Rapid Loans to attempt to verify your identity by alternative means.
Information disclosed to one or more credit reporting bodies
The information disclosed to a 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 drivers’ licence number;
- your application for funds – the fact that you have applied for funds and the amount;
- the fact that Rapid 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 ;
- information that, in the reasonable opinion of Rapid 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 IIIA of the Privacy Act, Rapid 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 Financial Ombudsman Service Ltd, to which a complaint relating to a particular service we provide to you can be referred. Telephone 1800 367 287, website: fos.org.au; and;
- any court or tribunal as may be required by law.
Rapid 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 be 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 with Rapid Loans, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Rapid 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 Rapid Loans to obtain access to your personal information by contacting the Privacy Compliance Manager by email at email@example.com, fax no: 1300 765 608, PO Box 429, Miami QLD 4220.
You can also apply to access the personal information Equifax or Dun & Bradstreet holds about you. Equifax may be contacted on telephone no. 138 332, or through www.mycreditfile.com.au. Dun & Bradstreet may be contacted on 1300 734 806 (D&B Public Access Centre), Email: firstname.lastname@example.org, PO Box 7405 St Kilda Road, Melbourne Vic 3004 or through: https://www.checkyourcredit.com.au.
Concerns and Complaints
If you have any privacy management concerns during the application process and/or loan term, please contact Rapid Loans’ Privacy Compliance Manager. You also have the 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, Rapid 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 hereby declare that I/we have read the above and note and accept the rights of Rapid Loans, concerning the collection and use of my/our personal identification and credit information.
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that Rapid 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, Rapid 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/S
I/we hereby declare that I/we have read, understood and noted the above and hereby provide my/our express and informed consent for Rapid 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.
The Electronic Transactions Act 1999
You are informed that the Electronic Transactions Act requires that, before Rapid Loans can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for Rapid Loans to communicate with you in that way.
We seek your permission to:
- electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
- send you electronic messages, rather than providing paper copies.
You are informed that, in giving this permission, you are agreeing to:
(a) use the relevant computer programs and have sufficient internet capacity to interact with Rapid Loans’ system;
(b) regularly check your email Inbox and/or fax machine and/or SMS Inbox;
(c) not blame Rapid Loans if any properly sent electronic message does not reach you; and
(d) notify Rapid Loans of any changes to your electronic addresses, and absolve Rapid 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 Rapid Loans 24 hours’ notice, confirming your current address and contact details.
DECLARATION BY CONSUMER/S
I/we hereby declare that I/we have read, understood and noted the above and hereby provide my/our express and informed consent for Rapid Loans to communicate with me/us electronically, under the Electronic Transactions Act 1999 and associated Regulations.
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 Rapid Loans has informed you of the 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 agency by electronic communications. Such information can and frequently has to be provided to a credit reporting body. This information can and frequently has to be provided to credit reporting bodies by Rapid 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.
GENERAL DECLARATION BY CONSUMER/S
In regard to the four Sections above:
I/we hereby declare that I/we have read, understood and noted and accepted all the above and hereby provide my/our express and informed consent, as evidenced by my signature below, for Rapid Business Finance to:
- collect and use my/our personal identification and/or credit information, and the credit or business operational information concerning my/our company or business, as detailed in Section 1 above, under the provisions of the Privacy Act, Regulations and Code and this Agreement;
- communicate with me/us, my/our company or business electronically, via email, fax and/or SMS, as relevant, address details for which I/we have willingly provided or may provide in the future, for contractual and commercial purposes, in response to the information contained in Section 2 above, under Section 16 of the SPAM Act 2003;
- communicate with me/us, my/our company or business electronically in accordance with Section 3 above, under Sections 5 and 9 of the Electronic Transactions Act 1999 and associated Regulation 8, Part 3, No. 10; and
- undertake electronic verification of my/our identity, in accordance with Section 4 above, under Section 35A(1) of the Commonwealth Anti-Money Laundering and Counter Terrorism Act.