Privacy Policy

Our privacy commitment

When you trust AUSvance with your personal and credit related information, we know you expect us to protect it and keep it safe.

This means that when we receive your personal and financial information we:

  • • tell you how we may use it
  • • keep it in a secure way
  • • make sure it is kept accurate and up to date
  • • restrict how we use it
  • • restrict who we provide it to.

This policy explains the main ways we collect, handle, disclose and protect your personal information and how we comply with the Privacy act 1988 (Cth) as amended from time to time (“Privacy Act”) and Australian Privacy Principles. It also describes the types of information we may collect from you, including your:

  • • personal information; and
  • • your credit related personal information and credit eligibility information ('credit related information'), including information about your applications for commercial credit and credit accounts with AUSvance and your credit reporting information that we derive from credit reporting bodies ('CRBs') and from other credit providers.

While the Privacy Act uses a variety of terms to refer to the information above, to make it easier to read this policy, we refer to it below collectively as "personal information".

When you engage AUSvance to provide you with any products or services, apply or complete an application for commercial credit, communicate with AUSvance through email, by telephone, in writing, or use any of AUSvance’s other services, including the AUSvance website, you agree to the use and disclosure of your personal information in the manner described in this policy.

This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors.

When this document refers to "we" or "us" we mean Capify Australia Pty Ltd.

How to contact us

You can contact us about this policy or our products and services by:

  • • calling 1300 228 097
  • • e-mailing [email protected]
  • • by mail to Level 2, 10 Phillip St, Parramatta NSW 2150
  • • by fax to 02 8088-7285
    • If practical, you can contact us without identifying yourself. However, if you don't identify yourself, we may not be able to give you the information and services you would otherwise expect to receive.

      What sorts of personal information do we ask for?

      We will only ask for information relevant to our business relationship with you.

      We collect personal information such as:

      • • information that identifies you, like: your name, address, date of birth, telephone number, occupation, and drivers license number;
      • • your debit or credit account details;
      • • your financial position, like: income, expenses, and liabilities information;
      • • information we collect from you when providing our products and services to you;
      • • emails, user ID's and passwords;
      • • records of communications with AUSvance;
      • • personal website usage information;
      • • your opinion about our products, services or staff. when we conduct market research.

      Where you have applied for commercial credit or have agreed to be a guarantor under an application for commercial credit, we may also collect credit related information, such as:

      • • credit application information - such as the type of credit you have applied for (consumer or commercial credit) details of the credit provider, the amount and the terms;
      • • repayment history - such as payments owed to us or another credit provider, in connection with credit provided to you or in relation to which you are a guarantor that is due by 60 days;
      • • default information - such as information about a payment that is owed to by you as a borrower or guarantor and that remains overdue for more than 60 days;
      • • payment information - that an overdue payment has been paid on a certain date
      • • new arrangements - whether your have entered into new arrangements with us or other credit providers in connection with credit provided to you;
      • • court proceedings information, personal insolvency information and credit-related publically available information ;
      • • scores, ratings, summaries, evaluations and other information relating to an individual's credit worthiness which is derived by AUSvance or its agents or by CRBs wholly or partly on the basis of the information above; certain administrative information relating to credit, such as account and customer numbers;
      • • whether in our or another credit provider's opinion you have committed a serious credit infringement.

      The Privacy Act places restrictions on collecting sensitive personal information about you (this includes information about your religious views, ethnicity, political opinions, criminal records, personal health information or sexual preferences). Generally, we won't collect this sort of information unless it is specifically relevant and necessary for the purpose of AUSvance's business functions and operations and your consent is first obtained.

      AUSvance does not use government identifiers (e.g. tax file numbers or Medicare numbers) to identify individuals.

      The purpose for collecting personal information?

      Personal information is collected so that we are able to reasonably perform our business operations and functions and provide you with quality customer service. We will collect, use, hold and discourse your personal information for the following purposes:

      • • AUSvance's general business activities and functions, including providing you without products and services;
      • • assessing and processing an application for commercial credit or to accept an individual as a guarantor;
      • • for administrative purposes in relation to the ongoing management of your commercial credit arrangement;
      • • communicating with you, including responding to your inquiries about our products and services and applications and accounts;
      • • participating in the credit reporting system and providing information to CRBs as permitted by Part IIIA of the Privacy Act;
      • • meeting our legal and regulatory requirements, and enforcing our rights;
      • • conducting, improving and developing a business relationship with you;
      • • dealing with complaints;
      • • marketing (such as providing individuals with information about our products and promotional notices and offers); and
      • • improving our website.

      How do we collect personal information?

      If it is reasonable and practical to do so, we collect personal information directly from you. We may do this through application forms, over the telephone, email, fax, the internet, or in person.

      Where the Privacy Act permits, we may also collect personal information from other people or organisations. Sometimes this may happen without your direct involvement. Some examples of the people or organisations from which we may collect personal information about you are:

      • • other credit providers
      • • publicly available sources of information (such as telephone directories)
      • • your authorised representative (such as a legal adviser)
      • • third-party brokers (such as insurance brokers and mortgage brokers)
      • • credit reporting bodies (CRBs), such as Veda or Dunn and Bradstreet;
      • • government agencies (such as the Land Titles Office).

      So that we can better tailor information and products to your needs, when we send you email messages, we may use technology to identify you so that we can know when you have opened the email or clicked on a particular link in the email.

      When you ring us, we may also monitor and/or record telephone calls for the purposes of staff training and to verify statements made during the phone call.

      AUSvance takes reasonable steps to ensure that you are aware of:

      • • the likely use of your personal information; the right of access to your personal information;
      • • the identity and contact details of the AUSvance employee/representative collecting the information;
      • • any law requiring collection of the information; and
      • • the main consequences of failure to provide the information.

      Disclosure of your personal information

      AUSvance may disclose your personal information:

      • • for the primary purposes for which it was collected, such as those described above;
      • • where you would reasonably expect this;
      • • where you have consented;
      • • to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights;
      • • for direct marketing by AUSvance, but giving you the opportunity to opt out of such direct marketing; AUSvance includes its contact details in any direct marketing.

      We may also share your personal information with other companies within the AUSvance Group.

      Where the Privacy Act permits us, we may from time to time disclose your personal information to organisations outside the AUSvance Group. Generally, these are organisations that help us with our business functions and operations. These organisations may include:

      • • authorised representatives of the AUSvance Group who sell products or provide services on our behalf;
      • • insurers and re-insurers;
      • • payment systems operators (for example, merchants receiving credit card payments);
      • • other financial institutions;
      • • organisations involved in what are called securitisation arrangements, under which we sell, for instance, a pool of customers' loans. These organisations include trustees of those arrangements, investors and their advisers;
      • • debt collecting agencies;
      • • our accountants, auditors or lawyers;
      • • your representative (for example lawyer, mortgage broker, financial adviser, executor, administrator, trustee or attorney).

      We strive to limit the information we give these organisations to what they need to perform their services for us or to provide products or services to you. Where it is required by the Privacy Act we will seek your consent before disclosing to these organisations, otherwise we will only disclose your personal information to these organisation where is it reasonable in the circumstances to do so.

      Where the Privacy Act permits us to do so, we may also disclose your personal information to CRBs such as Veda or Dunn & Bradstreet, if you apply for commercial credit or request to increase in your commercial credit limit with AUSvance.

      Where AUSvance collects personal information that we are likely to disclose to a CRBs, please note:

      • • the CRBs may include that information in reports provided to AUSvance to assist it to assess your creditworthiness;
      • • if you fail to meet payment obligations in relation to commercial credit or commits a serious credit infringement, AUSvance may be entitled to disclose this to the CRB;
      • • if you are an individual you may access information from AUSvance in accordance with this privacy policy and may access this information for the purpose of requesting AUSvance to correct the information or make a complaint to AUSvance.

      If AUSvance discloses your personal information to CRBs, we will provide you written notice prior to that disclosure as required by law well as the details of the CRBs.

      AUSvance does not disclose your personal information for any secondary purposes unless your consent has been given or as required by law.

      AUSvance will not sell or license any personal information that it collects from you.

      Cross border disclosure

      Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for, or are engaged by AUSvance in other countries, including the United States of America, United Kingdom of Great Britain and Northern Ireland, Canada and the Federal Republic of Germany. For example, AUSvance may use a server hosted overseas to store data, which may include your personal information or we may enter into contracts with organisations overseas who provide services to us or who provide products or services jointly with us. These contracts require the organisation to:

      • • meet the privacy standards we set for ourselves in protecting your personal information and comply with the Privacy Act; and
      • • use the personal information only for the specific service we ask them to perform or the product/service that we ask them to provide, and for no other purpose.

      AUSvance will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information ('the reasonable steps').

      The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia.

      If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act.

      Do we use personal information to market products and services to you?

      We may use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to.

      We will exchange your personal information between companies within the AUSvance Group so they can also market their products and services to you.

      The AUSvance Group will only offer you products or services, where we reasonably believe that they could be of interest or benefit to you.

      If you don't want to receive marketing offers from AUSvance about AUSvance branded products and services, please let us know by calling 1300 228 097, or by writing to AUSvance at Level 2, 10 Phillip St, Parramatta NSW 2150.

      AUSvance will act promptly on your request and will also ensure any electronic marketing material sent (e.g. by e-mail, SMS, MMS or iM) includes an easy method that enables you to tell us you do not want to receive future electronic marketing material.

      Can you access your personal information?

      AUSvance acknowledges that you have a general right of access to information we hold concerning you, and to have any corrections to be made. You can request access to your personal information by contacting us by telephone on 1300 228 097. As permitted by the Australian Privacy Principals, we may not always be able to give you access to all the personal information we have about you. For instance, we may not be able to give you access to information that:

      • • would unreasonably impact the privacy of another person;
      • • would reveal a commercially sensitive decision-making process;
      • • we are prevented by law from providing to you relates to existing or anticipated legal proceedings.

      Do we keep your personal information accurate and up-to-date?

      We maintain the quality of your personal information by taking reasonable steps to make sure that the information collected, used and disclosed is accurate, complete and up-to-date. We encourage you to help us by telling us immediately if you change your contact details (such as your phone number or address). You can contact us to change your details by telephoning 1300 228 097 or alternatively, via fax to 02 8088-7285.

      AUSvance will correct information it has about you if it discovers, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and AUSvance disagrees that the information is incorrect, AUSvance will provide you with its reasons for taking that view.

      Is your personal information secure?

      We will use up-to-date techniques and processes, which meet current industry standards, to protect your personal information from misuse, loss and unauthorised access, modification or disclosure.

      The only people who are allowed to handle or have access to your personal information are those employees of the AUSvance Group and those who perform services for us who need your personal information to do their jobs. All employees of the AUSvance Group are bound both by the AUSvance Code of Conduct and by confidentiality clauses in their employment agreements to not misuse your personal information. Those who perform services on our behalf are also bound by privacy and confidentiality agreements.

      Paper documents are protected from unauthorised access or use through the various security systems that we have over our physical premises. We also maintain up-to-date computer and network security systems with appropriate firewalls, encryption technology and passwords to protect electronic copies of personal information.

      If we no longer require your personal information, we will take reasonable steps to destroy it in a secure manner or remove identifying features from it. This is subject to any legal obligations we have to keep information for a certain period of time.

      Dealing with unsolicited information

      AUSvance takes all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately.

      Using our Website

      As with most websites, when you visit the AUSvance website or use an application on the AUSvance website, AUSvance may record anonymous information such as IP address, time, date, referring URL, pages accessed and documents downloaded type of browser and operating system.

      AUSvance also uses “cookies”. A cookie is a small file that stays on your computer until, depending on whether it is a sessional or persistent cookie, you turn your computer off or it expires. Cookies may collect and store your personal information. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the AUSvance website, but the website may be limited in the use of some of the features.

      The AUSvance website may contain links to or from other websites. AUSvance is not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on the AUSvance website. We encourage you to read the privacy policies of other websites you link to from AUSvance’s website.

      What if we don’t keep our promises?

      Although we are committed to keeping the promises set out in this document, we sometimes make mistakes. Fixing these mistakes and ensuring we deliver on our promises is very important to us.

      We’ve put in place a way of dealing with issues you might raise quickly and fairly. Please talk to us first.

      If you have reason to believe that we have not complied with our obligations relating to your personal information or your credit related information under the Privacy Act, please refer any compliant to queries to our Privacy Officer (details below).

      We will ensure your complaint is handled by our Privacy Officer in an appropriate and reasonable manner. Where necessary we may consult with a credit reporting body or another credit provider in order to deal with your complaint.

      We aim to resolve your complaints at your first point of contact with us. This is our ‘Ask Once’ promise. So please raise your complaints with anyone handling your business. You can contact us anywhere in Australia, by contacting our Privacy Officer. If our Privacy Officer is unable to resolve your complaint, please contact our Internal Dispute Resolution Manager:

      Telephone: 1300 228 097

      Email: [email protected]

      Mail: Level 3, 10 Phillip St, Parramatta NSW 2150.

      We aim to resolve all privacy complaints and disputes within 30 days of receiving your complaint.

      If you're not satisfied with the outcome, then you may contact the Office of the Australian Privacy Commissioner:

      Office of the Australian Information Commissioner


      Phone: 1300 363 992

      How to contact AUSvance regarding privacy matters

      Please contact us as set out below if you wish to find out what personal information AUSvance holds about you, to ask us to update the information or make corrections to it (if necessary) and if you have any concerns or complaints about our use of personal information or other privacy issues.

      Please feel free to contact our Privacy Officer. Telephone: 1300 228 097

      Email: [email protected]

      Mail: Level 2, 10 Phillip St, Parramatta NSW 2150.

      How this policy changes

      This policy may change or be updated from time to time. A current version of this policy will be published on AUSvance's website or may be obtained free of charge upon request.

      Capify is a trademark of AmeriMerchant Holdings LLC all Rights Reserved