OzCar may collect personal information from me/us (being each of the Applicants and Guarantors named in the application or any directors of companies named in the application), and use and disclose that information for the purposes of:
· providing products and services to me (including vehicles, parts and accessories);
· arranging the provision of other applicable products and services to me/us (including vehicle registration, extended warranty services, financial and insurance products and roadside assistance services);
· collecting payment for products and services supplied to me and maintaining records for accounting and administration purposes;
· responding to my/our inquiries about OzCar's products or services;
· obtaining my/our feedback about OzCar's products and services and dealing with complaints; and
· meeting OzCar's regulatory and legal obligations.
OzCar may disclose my/our personal information to and collect further personal information about me/us from:
· external service providers to which OzCar outsources functions, including OzCar's insurers and other organisations engaged to provide OzCar with services in connection with the operation of its business, such as marketing services and data storage, agents, contractors, external advisers and other service providers;
· financial institutions for payment purposes;
· other third parties so they can supply me/us with the products and services I/we require;
· mercantile agents, collection agencies, and insurers
· government authorities, for example for vehicle registration and compulsory third party (bodily injury) insurance purposes and to check whether a trade-in vehicle is encumbered;
· one or more of the credit providers OzCar uses for the purposes outlined in this Privacy Act Consent (the "Credit Providers"). I acknowledge that the Credit Providers to whom OzCar may submit applications on my behalf and their website addresses are set out in the Schedule at the end of this document;
· Credit Reporting Bodies, where I/we have authorised OzCar to obtain a report on my/our behalf as set out in section 2 of this form below; and
· my/our car or finance broker.
I/we acknowledge that where I/we have been resident in New Zealand, OzCar may also seek credit reports from relevant New Zealand credit reporting bodies. In this regard I/we consent to Recipients disclosing my/our personal information (other than Credit Eligibility Information) to an overseas recipient, located in New Zealand. This consent means that OzCar does not need to take such steps to ensure that overseas recipient does not breach the Australian Privacy Principles and if that overseas recipient handles the information in breach of the Australian Privacy Principles, OzCar will not be accountable for that breach and I/we will not be able to seek redress under the Privacy Act 1988 (Cth) (Privacy Act). I/we also acknowledge that even where I/we do not provide OzCar with my/our consent to this, OzCar may still disclose personal information about me/us to the overseas recipient. However, in those circumstances, OzCar will do so in accordance with its obligations under the Privacy Act. By signing this form below, I/we consent to this disclosure of my/our personal information to overseas recipients.
I/We agree that OzCar may disclose my/our personal information to its related bodies corporate or to third party affiliates or partners and that OzCar and its related bodies corporate and third party affiliates and partners may use and disclose my/our personal information to inform me/us about their products and services in the future by direct marketing. I understand that I can opt-out of receipt of such information if I/we contact OzCar at the contact details set out below.
I/We acknowledge that if I/we do not provide the personal information requested nor consent to the collection and use of my/our personal information for the purposes outlined in this Privacy Act Consent, OzCar or the Credit Providers may not be able to do any of the things set out in this document.
I/We acknowledge that Credit Providers are required to collect certain personal information about me under the Anti- Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). I/We agree OzCar may collect information about me/us including health information, information about my/our citizenship and country of birth, membership of a professional or trade association, membership of a trade union, criminal record or information about me/us where I/We are a politically exposed person under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and use or disclose that information as necessary where I/We have applied for a product that requires that information.
I/We agree that, if I/we supply OzCar or the Credit Providers with personal information about any third party (such as a referee), I/we will inform that third party of this fact. I/We acknowledge that the Credit Providers collect and use personal information about me/us for the following purposes:
· assessing the application for finance, the guarantee or any related insurance proposal; and
· (if the application is accepted) providing finance and ancillary services (such as insurance) to the applicant(s) and for the ongoing management of the finance, guarantees and ancillary services; and
· collecting payments that are overdue in relation to the credit provided to me by the Credit Provider.
For those purposes, and subject to the Privacy Act, I/we consent to and agree that the Credit Providers may do all the following now and in the future:
1. Disclose my/our personal information to a credit reporting body and collect credit reports and information about my/our credit history and credit worthiness, including credit liabilities, repayments and defaults, from a credit reporting body (or a body that provides information on commercial activity and commercial credit worthiness) to assess my application for consumer credit or commercial credit or to assess whether to accept me as a guarantor.
2. Collect from and disclose to another credit provider named in the application for finance or in information otherwise obtained in relation to the application any personal information about me, including credit eligibility information about me/us in order to assess my application for consumer credit or commercial credit.
3. Collect from and disclose to any body which maintains a register of personal property securities (such as PPSR), any personal information about me/us, including any information about my/our creditworthiness, credit standing, credit history or credit capacity, the status of the finance and any default by me/us in accordance with Privacy Act.
4. Collect from and disclose to any person or organisation identified in the application for finance, personal information about me/us.
5. Collect information about me/us from OzCar including health information or information about my/our citizenship and country of birth, membership of a professional or trade association, membership of a trade union, criminal record or information about me/us where I/we are a politically exposed person under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and use or disclose that information as necessary where I/we have applied for a product that requires that information.
6. Disclose to any guarantor or proposed guarantor of the application for finance, any information about the finance or personal information (including credit eligibility information) about me/us now or at any time in the future in order for the guarantor or proposed guarantor to consider whether to offer to act as guarantor in relation to the credit or to offer property as security for the credit.
7. Collect from and disclose personal information about me/us to the Credit Providers' agents, contractors, external advisers as well as to suppliers of goods, mercantile agents, collection agencies and insurers, and my/our car or finance broker.
8. Disclose to OzCar any credit decision made by the Credit Providers concerning my/our application for finance.
I/we acknowledge that each Credit Providers website will generally include information on how to contact the credit provider and how to obtain a copy of its privacy documents in a form that suits me/us (e.g. hardcopy or email) and will generally also contain a statement about credit reporting, including information about the credit reporting bodies to which they may provide my/our personal information and that they may include my personal information in reports they provide to other credit providers and how:
· I/we may obtain a copy of the policies about the management of credit related personal information of the Credit Providers and the credit reporting bodies;· If I/we fail to meet my/our payment obligations or commit a serious credit infringement, credit providers may be entitled to disclose this information to Credit Reporting Bodies;
· I/we may access my personal information (including credit eligibility information) held by the Credit Providers, and seek the correction of personal information (including credit eligibility information or Credit Information), complain about a breach of the Australian Privacy Principles or a failure to comply with Division 3 of Part IIIA of the Privacy Act or the Credit Reporting Code and how the Credit Providers will deal with such a complaint;
· I/we have a right to request credit reporting bodies not to use my credit reporting information for the purposes of pre-screening of direct marketing and to not to use or disclose such information if I believe on reasonable grounds that I have been, or am likely to be, a victim of fraud; and
· I/we can request to have this statement made available in an alternative form - such as hard copy or by email.
I/we acknowledge that a Credit Provider who approves my/our application for finance will provide me/us with its own privacy disclosure statement and consent document should I/we decide to proceed with the offer for finance.
HOW TO CONTACT US
The Privacy Officer of OzCar Pty Ltd of 229 Hume Highway LANSVALE NSW 2166 Phone: (02) 9794 2500 Fax: (02) 9794 2575 Email: [email protected]u
1. ELECTRONIC COMMUNICATIONS ACT CONSENT (ECC)
I/We consent to OzCar and the Credit Providers giving information to me/us by way of electronic communication. I/We nominate and authorise OzCar and the Credit Providers to act on instructions sent electronically by me/us. I/We understand that this consent and authority will apply to all communications permitted to take place electronically by law, including but not limited to:
a) notices and disclosure documents about my/our credit application such as a Credit Guide or a Credit Quote for providing credit assistance or a copy of my preliminary assessment;
b) financial services disclosures such as a Financial Services Guide or Product Disclosure Statement;
c) credit contract documents or variations to the credit contract; and
d) notices from OzCar to me/us.
I/We understand that OzCar will rely on this consent to communicate with me/us by:
a) electronic mail ("email") to the email address(es) noted above;
b) in the case of notices or documents required under the National Consumer Credit Protection Act 2009 (Cth) (including the National Credit Code, by making the notice or other document available for a reasonable period on OzCAr's information system for retrieval by me and promptly notifying me by electronic communication that the notice or other document is available for retrieval on the system and the nature of the notice or other document;
c) in the case of notices or documents required under Chapter 7 of the Corporations Act 2001, making a notice available for me/us to access on their website, subject to also sending me an email with a hyperlink to the disclosure or a written (paper or electronic) notice with a reference to the website address where the disclosure can be found; and
d) any other method of electronic communication permitted by law.
By giving this consent, I/we acknowledge OzCar may no longer send me/us notices or other documents in paper form.
I/We undertake to:
a) check electronic communications, including my/our emails, regularly for notices and other communication from OzCar;
b) ensure my/our email address remains current (or as otherwise notified to OzCar); and
c) ensure emails from OzCar are not blocked.
I/We understand OzCar relies on me/us to keep my/our nominated e-mail or physical (street) address details up-to- date and to notify OzCar when they change.
I/We understand that the provision of electronic documents does not alter my/our obligations under any terms and conditions of any contract I have with OzCar or any credit contract that I have with a Credit Provider and that we should print and save a copy of any notice or other document provided to me/us electronically.
I/We confirm that I am/we are responsible for ensuring that I/we maintain the appropriate software and hardware, including printer, to be able to access, view, retrieve, print and save a copy of any documents provided to me/us by electronic communications.
I/We understand that my/our consent to the giving of documents by electronic communication may be withdrawn at any time. I/we can go back to receiving paper notices and other documents, delivered by post to my/our nominated street address, by notifying OzCar in writing withdrawing this ECC.
2. AUTHORISATION TO OBTAIN CREDIT REPORTS
I/We authorise OzCar, who I/we acknowledge is assisting me/us to deal with credit reporting bodies, to make a request on my behalf to obtain my/our credit reporting information about my consumer and commercial credit worthiness from credit reporting bodies. I/we acknowledge that in order for OzCar to verify my/our identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006:
a) OzCar may disclose any or all of the following personal information to a credit reporting body:
· my/our names;
· my/our residential address
· my/our dates of birth; and
b) OzCar may request a credit reporting body to provide an assessment of whether the personal information disclosed matches (in whole or part) personal information contained in credit reporting information about me/us in the possession or control of the credit reporting body (the Assessment); and
c) the credit reporting body may prepare and provide to OzCar the Assessment and may use the personal information about me/us and the names, residential addresses and dates or birth contained in credit reporting information of other individuals, for the purpose of preparing the Assessment, and I/we consent to OzCar making the above request to a credit reporting body and the disclosure of my/our personal information.
Definitions: All terms defined in the Privacy Act 1988 have the same meaning when used in this Privacy Act Consent.
SCHEDULE OF CREDIT PROVIDERS