Privacy Consent Agreement - Rapid Business Finance

The 4 SECTIONS included in this form are part of an application and suitability assessment process and may also apply to consequent administration and/or collection facilitation.

Please read each Section carefully.

By signing this document you will be attesting that you have the authority to sign on behalf of your company or business, including all directors and/or owners, that you have carefully read and understood each Section, you are providing willing and informed consent to each Section and that you have been informed of the existence of Rapid Business Finance’s Privacy Management Policy and where you may view this policy or obtain a copy.

SECTION 1

Privacy

By consenting to this Section you consent to Rapid Business Finance and other entities, as listed below, collecting, holding, using and disclosing company and/or business and/or personal identification, credit and business operational information about your company and/or your business and/or you, fellow directors and fellow owners (if applicable). If you do not provide us with this consent, we will be unable to provide you with Rapid Business Finance’s services. For more detail, read the company’s Privacy Management Policy available on our website at www.rapidbusinessfinance.com.au 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, the Credit Reporting Privacy Code 2014 and this Agreement empower and regulate Rapid Business Finance 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, Rapid Business Finance 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 or services;
  • to assess relevant financial circumstances;
  • to help us process your application for funds and/or services in an efficient manner;
  • to avoid the chance of default on client obligations;
  • to notify you or an appropriate officer of the company/business of a default;
  • to notify other credit providers of a default (if relevant);
  • to facilitate the collection of overdue payments (if relevant); and
  • efficiently manage and administer loans and/or any services we provide to you.

This information can include any information about your fellow directors’, your fellow business owners’, yours and/or your company/business’ credit worthiness, credit standing, credit history, credit capacity, or business operations that you, other credit providers and credit reporting bodies and their authorised agents are allowed to provide to Rapid Business Finance under the Privacy Act and/or Credit Reporting Privacy Code, or this Agreement. It may also include information provided by guarantors, accountants and referees listed on your application.

By agreeing to this Section, you authorise Rapid Business Finance to contact the above mentioned entities to provide any and all permitted relevant information they may have regarding you.

Rapid Business Finance may ask you for documents including, but not limited to:

  • bank statements;
  • financial reports and records;
  • documents evidencing history of relevant transaction/s;
  • documents evidencing relevant contractual obligations;
  • payslips;
  • bills and invoices;
  • passport; and
  • birth certificate.

This information is only accessed, as required, by Rapid Business Finance’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. Rapid Business Finance will not sell, rent or trade your fellow directors’, fellow business owners’ or your personal information or any company or business information.

Rapid Business Finance reasonably assumes that any referral to third parties that you may nominate, in order that Rapid Business Finance may obtain or verify your fellow directors’, fellow business owners’ and/or your personal and other information and any information regarding your company or business, 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 Business Finance contacting them.

Your identity verification

Rapid Business Finance 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 Business Finance 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 Business Finance to attempt to verify your identity by alternate means.

General information disclosure to one or more credit reporting bodies

In accordance with Section 21D of the Privacy Act, Rapid Business Finance has chosen to adopt the lawful negative credit reporting (privacy) regime. By consenting to this Section, you specifically agree that the company may provide information to Veda and/or Dun & Bradstreet. This disclosure will be for the following purposes only:

  • to obtain identity verification information;
  • to obtain a credit report about you, your fellow directors, your fellow business owners, your company and/or your business; and/or
  • to allow the credit reporting body to create or maintain a credit information file, containing information about you, your fellow directors, your fellow business owners, your company and/or your business.

Credit information disclosed to one or more credit reporting bodies

If the service you require concerns the application, provision and management of a loan, the information disclosed to the credit reporting body is limited to (if applicable):

  • identity particulars – your name, address (and previous two addresses), date of birth, name of previous and concurrent employer (if any) and driver’s licence number, name of company or business, ACN or ABN, contact/location details;
  • your application for funds – the fact that you have applied for funds and the amount;
  • the fact that Rapid Business Finance is a current credit provider to your company or business;
  • the fact that the loan has incurred overdue account status;
  • the fact that the loan has incurred default status; and
  • information that, in the reasonable opinion of Rapid Business Finance, you, your company or business have committed a serious credit infringement (i.e. have been fraudulent, or indicated an unwillingness to repay the loan).

 Information disclosure to other entities

Under Part IIIA of the Privacy Act and this Agreement, Rapid Business Finance may disclose your fellow directors’, fellow business owners’ and your personal and company or business information to:

  • other credit providers, invoice financiers and/or invoice factoring companies;
  • our external service providers and their agents who provide professional advice and/or business services to us, on a confidential basis, only for the purpose of our business;
  • the Financial Ombudsman Service, to which a complaint relating to a particular service we provide can be referred. Telephone 1800 367 287, or info@fos.org.au, or GPO Box 3, Melbourne VIC 3001; and
  • any court or tribunal as may be required by law.

When seeking an appropriate level of assurance, or exercising a contractual right, Rapid Business Finance may provide limited permitted information to guarantors, accountants and referees listed on the application form. The choice of this information will be entirely at the discretion of Rapid Business Finance.

The names and contact details of the other credit providers, invoice financiers and/or invoice factoring companies with whom we have shared information, if any, will be provided on request, as they vary from time to time and for the particular Rapid Business Finance service.

Period to which this understanding applies

The information, the subject of this Agreement, may be collected or disclosed before, during, or after the term of the provision of funds or services.

Information disclosure in the event of a default of your obligations

In the event of the creation of an overdue account and/or default of the contractual conditions entered into in with Rapid Business Finance, any information you have provided may be made available to personnel employed by professional advisers, including solicitors and/or debt collection agencies authorised by Rapid Business Finance to assist in the process of recovery of funds advanced (if any), 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 the information provided and request changes where relevant. You can apply to Rapid Business Finance to obtain access to this information by contacting the Privacy Compliance Manager on email privacy@rapidbusinessfinance.com.au or telephone (07) 5553 1500.

You can also apply to access the information Veda or Dun & Bradstreet holds about you. Veda may be contacted on telephone: 1300 762 207, or via their website at www.mycreditfile.com.au. Dun & Bradstreet may be contacted on 1300 734 806 (D&B Public Access Centre), email: pac.austral@dnb.com.au or through: https//www.checkyourcredit.com.au.Should any other credit reporting body be provided with information by Rapid Business Finance, you will be informed of their contact details.

Concerns and complaints

If you have any privacy management concerns during the application process and/or loan or services term, please contact Rapid Business Finance’ Privacy Compliance Manager. You also have a right to ask the relevant credit reporting body not to use the information you have provided or Rapid Business Finance has provided 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 or other services, Rapid Business Finance may obtain a report containing information about you, your fellow company directors or business owners’, your company’s and/or your business credit activities 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.

 SECTION 2

Information Disclosure and Communications Under the SPAM Act 2003

You are informed that Section 16 of the Spam Act provides that Rapid Business Finance cannot communicate with you, your company, or your business 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 Business Finance would prefer to communicate using these electronic means.

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

SECTION 3

The Electronic Transactions Act 1999

You are informed that the Electronic Transactions Act requires that, before Rapid Business Finance can communicate with you, your company, or your business electronically (email, fax, SMS), you also have to give permission under that Act for Rapid Business Finance to communicate using these electronic means.

By this Agreement, you give your permission for Rapid Business Finance to:

  1. electronically format and send you, your company, or your business the information that we are obliged to provide contractually, or by statute;
  2. send you, your company, or your business electronic messages, rather than providing paper copies.

In giving this permission, you are agreeing to:

  • use the relevant computer programs and have sufficient internet capacity to interact with Rapid Business Finance’ system;
  • regularly check relevant email Inboxes and/or fax machines and/or SMS Inboxes; and
  • notify Rapid Business Finance of any changes to any relevant electronic addresses, and absolve Rapid Business Finance from any liability if you fail to do so.

This Agreement provides the above permission.

We remind you that you can withdraw your permission for the above at any time, provided you give Rapid Business Finance 24 hours’ notice, confirming you, your company, or your business’ 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. Under this Agreement, you attest that Rapid Business Finance 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, and/or similar information concerning your company or business 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 Rapid Business Finance, for a matching process entailing comparison with personal and/or similar information about you, your company or business, that they may 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 credit unsuitability/suitability assessment process is not achieved, we must give you the opportunity to verify identity and/or other information by alternative means.

In these circumstances, if you choose not to attempt to verify your identity and/or other information 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 and/or other verification, we cannot give you, your company or business a loan or provide services.

Please note that we have to keep a record for 7 years, regarding which credit reporting body we contacted, the 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:

  1. 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;
  2. 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;
  3. 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
  4. 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.