Thank you for applying for a credit account with Funda.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
If you require any assistance with your application, please contact our accounts department on 1300 647 996
CreditorWatch is a provider of credit reporting services.
The Service involves the storage of Data about a company or individual. That Data can include personal information. “Personal information” is information about an identifiable individual, and may include information such as the individual’s name, email address, telephone number, bank account details, taxation details, and accounting and financial information.
CreditorWatch may collect personal information directly from You when You:
You can always choose not to provide Your personal information to CreditorWatch, but it may mean that we are unable to provide You with the Service.
Through Your use of the Service, CreditorWatch may also collect information from You about someone else. If You provide CreditorWatch with personal information about someone else, You must ensure that You are authorised to disclose that information to CreditorWatch and that, without CreditorWatch taking any further steps required by applicable data protection or privacy laws, CreditorWatch may collect, use and disclose such information for the purposes described in this Policy.
This means that You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, CreditorWatch’s identity, and how to contact CreditorWatch.
Where requested to do so by CreditorWatch, You must also assist CreditorWatch with any requests by the individual to access or update the personal information You have collected from them and entered into the Service.
CreditorWatch collects Your personal information so that we can provide You with the Service and any related services You may request. In doing so, CreditorWatch may use the personal information we have collected from You for purposes related to the Services including to:
By using the Service, You consent to Your personal information being collected, held and used in this way and for any other use You authorise. CreditorWatch will only use Your personal information for the purposes described in this Policy or with Your express permission.
It is Your responsibility to keep Your password to the Service safe. You should notify us as soon as possible if You become aware of any misuse of Your password, and immediately change your password within the Service or via the forgot password process.
By using the Service, You agree that CreditorWatch can access, aggregate and use non-personally identifiable data CreditorWatch has collected from You. This data will in no way identify You or any other individual.
CreditorWatch may use this aggregated non-personally identifiable data to:
All Data, including personal and non-personal information, that is entered into the Service by You, or automatically imported on Your instruction, is transferred to CreditorWatch’s servers as a function of transmission across the Internet. By using the Service, You consent to Your personal information being transferred to our servers as set out in this Policy.
Currently our servers are located in Australia, primarily by Global Switch Pty Ltd. (Global Switch), and Your personal information will be routed through, and stored on, those servers as part of the Service. Global Switch complies with relevant aspects of the U.S.-EU Safe Harbor Framework and has certified that it adheres to relevant Safe Harbor Privacy Principles. If the location of our servers change in the future, we will update this Policy. You should review our Policy regularly to keep informed of any updates.
By providing Your personal information to CreditorWatch, You consent to CreditorWatch storing Your personal information on servers hosted in Australia. While Your personal information will be stored on servers located in the Australia, it will remain within CreditorWatch’s effective control at all times. The server host’s role is limited to providing a hosting and storage service to CreditorWatch, and we’ve taken steps to ensure that our server hosts do not have access to, and use the necessary level of protection for, Your personal information.
CreditorWatch is committed to protecting the security of Your personal information and we take all reasonable precautions to protect it from unauthorised access, modification or disclosure. Your personal information is stored on secure servers that have SSL Certificates issued by leading certificate authorities Symantec Corporation, and all Data transferred between You and the Service is encrypted.
However, the Internet is not in itself a secure environment and we cannot give an absolute assurance that Your information will be secure at all times. Transmission of personal information over the Internet is at Your own risk and You should only enter, or instruct the entering of, personal information to the Service within a secure environment.
We will advise You at the first reasonable opportunity upon discovering or being advised of a security breach where Your personal information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
CreditorWatch will only disclose the personal information You have provided to us to entities outside the CreditorWatch group of companies if it is necessary and appropriate to facilitate the purpose for which Your personal information was collected pursuant to this Policy, including the provision of the Service.
CreditorWatch will not otherwise disclose Your personal information to a third party unless You have provided Your express consent. However, You should be aware that CreditorWatch may be required to disclose Your personal information without Your consent in order to comply with any court orders, subpoenas, or other legal process or investigation including by tax authorities, if such disclosure is required by law. Where possible and appropriate, we will notify You if we are required by law to disclose Your personal information.
The third parties who host our servers do not control, and are not permitted to access or use Your personal information except for the limited purpose of storing the information. This means that, for the purposes of Australian privacy legislation and Australian users of the Service, CreditorWatch does not currently “disclose” personal information to third parties located overseas.
If you choose to pay for the Service by credit card, Your credit card details are not stored by the Service and cannot be accessed by CreditorWatch staff. Your credit card details are encrypted and securely stored by Data Vault provided by Commonwealth Bank Of Australia to enable CreditorWatch to automatically bill your credit card on a recurring basis. You should review Data Vault by Commonwealth Bank of Australia to ensure you are happy with it.
It is Your responsibility to ensure that the personal information You provide to us is accurate, complete and up-to-date. You may request access to the information we hold about You, or request that we update or correct any personal information we hold about You, by setting out Your request in writing and sending it to us at email@example.com
CreditorWatch will process Your request as soon as reasonably practicable, provided we are not otherwise prevented from doing so on legal grounds. If we are unable to meet Your request, we will let you know why. For example, it may be necessary for us to deny Your request if it would have an unreasonable impact on the privacy or affairs of other individuals, or if it is not reasonable and practicable for us to process Your request in the manner You have requested. In some circumstances, it may be necessary for us to seek to arrange access to Your personal information through a mutually agreed intermediary (for example, the Subscriber).
We’ll only keep Your personal information for as long as we require it for the purposes of providing You with the Service. However, we may also be required to keep some of Your personal information for specified periods of time, for example under certain laws relating to corporations, money laundering, and financial reporting legislation.
In providing the Service, CreditorWatch utilises "cookies". A cookie is a small text file that is stored on Your computer for record-keeping purposes. A cookie does not identify You personally or contain any other information about You but it does identify Your computer.
We and some of our affiliates and third-party service providers may use a combination of “persistent cookies” (cookies that remain on Your hard drive for an extended period of time) and “session ID cookies” (cookies that expire when You close Your browser) on the Website to, for example, track overall site usage, and track and report on Your use and interaction with ad impressions and ad services.
You can set your browser to notify You when You receive a cookie so that You will have an opportunity to either accept or reject it in each instance. However, You should note that refusing cookies may have a negative impact on the functionality and usability of the Website.
We do not respond to or honour “Do Not Track” requests at this time.
CreditorWatch sends billing information, product information, Service updates and Service notifications to You via email. Our emails will contain clear and obvious instructions describing how You can choose to be removed from any mailing list not essential to the Service. CreditorWatch will remove You at Your request.
If You wish to complain about how we have handled Your personal information, please provide our Privacy Officer with full details of Your complaint and any supporting documentation:
Our Privacy Officer will endeavour to:
CreditorWatch reserves the right to change this Policy at any time, and any amended Policy is effective upon posting to this Website. CreditorWatch will make every effort to communicate any significant changes to You via email or notification via the Service. Your continued use of the Service will be deemed acceptance of any amended Policy.
YOUR PRIVACY AND FUNDA
Australian Credit Licence Number 437240
Your consent to this Statement will indicate that you have carefully read and understood each section separately. If you consent, you are indicating that you have given willing, informed, direct and not implied consent, to the contents of each section. If you consent, you have indicated that you have given continuing consent for any current contract, future contract and the subsequent administration of those contracts that you may enter into with FUNDA, until you withdraw your consent, providing FUNDA with a minimum of 24 hours’ notice. Such withdrawal is entirely at your discretion.
We invite you to give your consent to all five sections, but we emphasise, you have the right to refuse to consent to any one or more of the various sections. This may be taken into consideration by FUNDA in assessing your application.
Please carefully read each Section.
PRIVACY – PROTECTION OF INFORMATION – STATEMENT AND DECLARATION
The Commonwealth Privacy Act 1988, as amended, the Privacy Amendment (Private Sector) Act 2000, the Privacy Amendment Act 2004, with the associated Nation Privacy Principles, and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 empower and regulate FUNDA in its collection of information about you, coming both from you and other sources, such as credit reporting agencies, your referees, real estate agents, your bank, past or present employers, any other business organisations that may have information relevant to your application for funds, and from any publicly available sources of information. These Acts also regulate the use of such information.
Use of Information (section 14, principle 2)
FUNDA collects personal credit information for the following purposes:
- assess your financial circumstances;
- determine whether or not the application will meet the consumer’s requirements and objectives;
- assess any application you make for funds, to ensure the loan or lease is not unsuitable;
- avoid the chance you may default on your payment obligations;
- help us process your application in an efficient manner;
- notify you of a default is necessary;
- efficiently manage and administer all services we provide you.
By consenting to this Statement, you will be giving permission to FUNDA to use all or any part of the information you provide and the information collected in association with your loan or lease, during the loan or lease term, for the above listed purposes.
This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity. This may include information that, prior to 14 March 2014, may not be given to a credit reporting agency but, after that date, may be provided to such an agency as part of the comprehensive credit reporting laws that commence on that date.
This information is assessed, only as required, by FUNDA’s employees, Authorised Credit Representatives, professional advisers, contractors and other service providers, to facilitate the above purposes. FUNDA will not sell, rent or trade your personal information.
We assume that any referral to third parties that you may nominate, in order to obtain 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 FUNDA contacting them.
Information Disclosure to Credit Reporting Agencies
You are informed that, under Section 18(E)(1) and 8(c) of the Commonwealth Privacy Act 1988, a funds provider and its authorised agents may disclose your credit information to credit reporting agencies for the following purposes:
- to obtain a consumer credit report about you, and/or
- to allow the credit reporting agency to create or maintain a credit information file, containing information about you.
Information Disclosure to Other Organisations
Under Section 18N(1)(b) and 18N(1)(g), Privacy Act 1988, FUNDA may disclose your personal information to:
- our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business;
- Credit Ombudsman Service, to which a complaint relating to a particular service we provide to you can be referred. Telephone 02 9273 8400, or firstname.lastname@example.org;
- any other credit provider, in order to facilitate responsible lending and the comprehensive assessment process required by the National Credit Protection Act 2009;
- any court or tribunal as be required by law.
The information disclosed to the above 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 you have applied for funds and the amount;
- The fact that FUNDA is a current credit provider to you;
- Information that, in the opinion of FUNDA, you have committed a serious infringement (i.e. you have been fraudulent); and
- Information concerning your repayment history associated with the relevant credit contract.
In accordance with the Privacy Amendment (Enhancing Privacy Protection) Act 2012, the information disclosed to the above, which may be collected from the 12th December 2012 and disclosed to the credit reporting agencies commencing 12 March 2014, may include the following additional information [subsection 6(1)]:
(a) The name of the credit provider;
(b) Whether or not the provider is a licensee;
(c) The type of consumer credit;
(d) The day on which the consumer credit is entered into;
(e) The terms or conditions of the consumer credit:
o That relates to the repayment of the amount of credit, and
o That are provided by the regulations;
(f) The maximum amount of credit available under the consumer credit;
(g) The day on which the consumer credit is terminated, or otherwise ceases to be in force.
In accordance with the Enhancements Act, this information will be available for assessing applications or collecting overdue payments.
Period to which this understanding applies-
- This information may be given before, during or after the term of the provision of funds.
Access to Commercial Credit Information under Section 18L(4), 18K(1)(b) and Part 111A in general, Privacy Act 1988
In order to assess an application for funds, FUNDA will need to obtain a report containing information about your credit activities and/or credit worthiness, from a business which provides information about the credit worthiness of people.
This information may be kept on these business’ databases under categories listed as “personal” and/or “business” and/or by another title that may not imply “personal”. The information will concern credit eligibility and liability that may relate to both credit contracts and leases including, but not limited to, defaults, payments and enquiries, as may lawfully be obtained.
Information Disclosure in the Event of a Default of Your Payment Obligations
In the event of any default of the payment conditions entered into with FUNDA, any information you have provided shall be made available to personnel employed by solicitors and/or debt collection agencies authorised by FUNDA, to assist in the process of recovery of the funds advanced, plus all associated fees and charges (if any) and all legal and administrative costs incurred, following the default.
Information Disclosure, Where There are Two Borrowers
If you are one of two borrowers on the same contract, by consenting to this Statement you agree to the disclosure of your name, contact details, the amount you are borrowing and your repayment obligations, to the second borrower listed on the contract. This disclosure, demanded by the mandatory provision of the completed contract to both borrowers, under the National Credit Code, is undertaken on the understanding that the other person borrowing will regard such information concerning yourself as absolutely confidential, just as you regard such information about them as absolutely confidential.
By consenting to this Statement you attest that you will not consider this disclosure as an interference with your privacy under Section 13, Privacy Act 1988, and you hereby give consent for such disclosure to that other person, in accordance with Information Privacy Principle 11(1)(b), Privacy Act, 1988.
Positive Credit Reporting
You are advised that the December 2012 amendments to the Privacy Act empower FUNDA to collect information that will not be able to be presented to a credit reporting agency until after March 2014. However, the amending legislation makes it legal to present such information after that date.
Concerns and Complaints
If you have any privacy issues during the period in which funds have been advanced to you, please contact The Privacy Director of FUNDA.
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that FUNDA 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, FUNDA would prefer to communicate with you using such means. Without your permission, written communications will have to be conveyed by Australia Post.
The Electronic Transactions Act 1999
You are informed that the Electronic Transaction Act requires that, before FUNDA can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for FUNDA 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:
(a) Use the relevant computer programs and have sufficient internet capacity to interact with FUNDA’s system;
(b) Regularly check your email Inbox and/or fax machine and/or SMS inbox;
(c) Not blame FUNDA if any properly sent electronic message does not reach you; and
(d) Notify FUNDA of any changes to your electronic addresses, and absolve FUNDA from any liability if you fail to do so.
We remind you that you can withdraw your permissions for the above at any time, provided you give FUNDA 24 hours notice, confirming your current address and contact details.
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 Statement you attest that FUNDA has informed you of the following statutory provisions.
Under Section 35A(1), this can include the 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 credit reporting agencies by FUNDA, 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 our mandatory credit unsuitability assessment process under the NCCP Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means, before we can proceed with your application.
In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting agency yourself, or by alternative means, or your contact with the credit reporting agency is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot proceed with your application. 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 agency we contacted, the personal information we provided and the assessment with which we were supplied.
Third Party Access to Bank Accounts
By consenting to this Statement, you indicate approval for a third party to access your bank account details, subject to a separate agreement between you and that third party. In providing that approval, you also consent to FUNDA being provided with access to the reports generated by the third party. In such circumstances, you will not hold FUNDA liable, in whole or part, for any breach of privacy that may be committed by that third party and any consequent direct, or indirect adverse result.
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 FUNDA to:
- collect and use of my/our personal and financial information.
- communicate with me/us electronically, via email, fax and/or SMS as relevant, address details for which we have willingly provided to FUNDA, for contractual and communications purposes, under the Electronic Transactions Act 1999 and associated Regulations.
- undertake E-Verification (electronic or emailed verification) of my/our identity. This action could be part of the assessment of my/our loan/lease application process. Such involving the supply of my/our personal information, that I/we have willingly provided, to a credit reporting agency of FUNDA’s choice, who will match my/our information with information that they have on file about me/us and prepare a report for FUNDA. I/we acknowledge that I/we could have undertaken alternative action to verify my/our identity, if I/we had chosen to do so.
- have access to any third party’s report concerning my/our bank account details, or any other information that I/we might regards as private. This access to be used to assess my application for funds and/or administer any process associated with funds provision. I will not hold FUNDA liable, in whole or part, for any action undertaken by the third party, or for any indirect adverse result.
I/we hereby declare that I/we have read the above and note and accept the rights of FUNDA, concerning the I/we acknowledge and accept that this is part of an application process only and FUNDA is not obliged to accept and application from me/us.
If relevant. I/we authorise my/our real estate agent/landlord/payroll officer/employer to provide any and all details they have regarding me/us, including tenancy or employment history, and bank account and other financial details, to FUNDA or their agent. This authority remains in force beyond my/our tenancy and/or employment.