By completing the Application for the credit facility, you acknowledge and consent to all of the matters set out in this Privacy Notice, including the collection, use and disclosure of your personal information by each member of the Latitude Group and other parties as described.
Important Privacy Notice
In this Privacy Notice, references to “personal information” include:
- “sensitive information” (such as information or an opinion about an individual’s racial or ethnic origin, membership of a political, professional or trade association and health information);
- “credit information” (such as your identification details, information about your account, whether it is open or closed and the relevant dates, the type (such as a credit card or loan) and amount of credit, and your repayment history information, such as whether you have made, or missed, a payment on your credit facility); and
- “credit eligibility information”, which is information about you disclosed to us by a credit reporting body or information we derive from it about you.
In this Privacy Notice, a reference to the Privacy Act 1988 includes amendments to the Act, including the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which introduces the Australian Privacy Principles.
This Privacy Notice is provided by Latitude Personal Finance Pty Ltd ABN 54 008 443 810 who is the credit provider under the credit facility to which this Privacy Notice relates and is referred to in this notice as the “Credit Provider”. The Credit Provider and its related entities in Australia are referred to in this notice as the “Latitude Group”.
This Privacy Notice contains important information about the collection, use and disclosure of personal information by the Latitude Group. Where personal information is collected, used and disclosed for the same purposes by the Credit Provider and the other Latitude Group companies, the word “we” or “us” is used. Where personal information is treated differently, the organisation or group is identified separately.
In this Privacy Notice, “you / your” includes all borrowers, guarantors or other relevant individuals connected with a borrower and named in an Application.
By applying to the Credit Provider for the credit facility, you will be providing personal information to the Credit Provider and the person listed in the schedule (if any) as the Introducer. You acknowledge that the personal information the Introducer and / or the Credit Provider collects about you will be used by the Introducer to make an application to the Credit Provider for the credit facility. The Credit Provider will use the personal information to assess your application for the credit facility and, if approved, for the subsequent administration of the credit facility, as explained in this notice.
What personal information (including, as applicable, credit information) is collected?
Generally, we collect:
- information you provide in the Application;
- loan purpose (for example, the type of goods purchased and where they were purchased);
- information relating to your credit facility and your use of that facility;
- information about your participation in any associated rewards program;
- information you provide when registering for, or using, your credit facility;
- information held by a service provider (for example, a rewards program operator, a customer service organisation such as a call centre, a rewards provider and others described below under “Who your personal information may be shared with”);
- sensitive information (in particular, health information) where it is necessary for us to provide you with a Latitude Group product or a service (including assessing hardship applications);
- information from third parties (such as employers, government bodies, accountants, financial institutions and related companies, here or overseas) where it is unreasonable or impracticable to collect the information from you. Such circumstances may include where Latitude seeks to verify the income or other details you provided in your Application, to obtain information about facilities with other credit providers or where dealers or retailers collect or disclose information about your purchases.
Why personal information is collected, used and disclosed
We collect, use and disclose your personal information:
- to assess your application for a credit facility and if it is approved, for the establishment and subsequent administration of the credit facility;
- to share your personal information with related bodies for the purposes set out in this Privacy Notice; and
- to assess, establish and administer any credit related insurance product (including, if applicable, assessing your application for insurance).
We may also collect, use and disclose personal information for a number of purposes, including:
- to perform administrative tasks and manage business operations related to the credit facility and any associated rewards program, including dispute resolution;
- promote and provide benefits associated with the credit facility;
- promote and provide products, services and offers of the Latitude Group and other Latitude related entities and other organisations;
- for planning, product and service development, and research purposes;
- for risk assessment modelling;
- for fraud and crime prevention and investigation;
- to comply with laws that may require or authorise us to obtain information about you, such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and other anti-money laundering legislation (for example, for identity verification), the National Consumer Credit Protection Act 2009, the Personal Property Securities Act 2009 (for example, if relevant, for search and registration purposes) and other regulatory legislation (for example, requiring us to maintain client and transaction records, to provide information relating to loans to the Australian Prudential Regulation Authority and to make reports and provide other information to regulators) and the Taxation Administration Act 1953, the Income Tax Assessment Act 1997 and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation);
- to assist in finalising your application for your credit facility (including informing any Introducer of the outcome of my application) or making a purchase using your credit facility; and
Consequences for you if your personal information is not provided to us
If this personal information about you is not provided to us, it may result in the Credit Provider and/or the Latitude Group being unable to provide the credit facility or the benefits associated with it. The Credit Provider and/or the Latitude Group may also be unable to process your application, or to establish or administer the credit facility.
Collection, use and disclosure by Latitude Group of your credit information and credit eligibility information
You acknowledge and agree that we may obtain your credit reporting information from credit reporting bodies in circumstances permitted by the Privacy Act 1988, for example to assess your application for consumer or commercial credit and to collect payments which are overdue for consumer or commercial credit.
We use credit eligibility information for purposes permitted under the Privacy Act 1988, including for the purposes of assessing your initial and ongoing application and availability for credit and for internal management purposes.
We may disclose personal information about you to credit reporting bodies (including credit information, such as details about the credit that we provide to you, your repayment history and any repayment defaults).
The credit reporting bodies that we exchange credit information with, and where you can find their privacy policies (which sets out how they manage credit-related personal information) are:
- Equifax www.equifax.com.au/privacy Telephone - 13 83 32
- illion Australia Pty Ltd www.illion.com.au/privacy-policy/ Telephone - 1300 734 806
- Experian www.experian.com.au Telephone - 1300 783 684
These credit reporting bodies may include the information in reports provided to credit providers to assist them to assess your credit worthiness. Please be aware that you have a right to request that these credit reporting bodies do not:
- use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider; and
- use or disclose your credit reporting information, if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.
You should also be aware that:
- if you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, the Credit Provider may be entitled to disclose this to the credit reporting body; and
- you have a right to access the information from the Credit Provider, to request that the Credit Provider correct the information and to make a complaint to the Credit Provider (please see below for more details about access, correction and complaints).
The Credit Reporting Policy on our website includes the most up-to-date information about how we handle your credit-related personal information, including information about the credit reporting bodies to whom we are likely to disclose your personal information. Please view our Credit Reporting Policy at www.latitudefinancial.com.au/privacy or contact us on 1300 973 422
Without limiting any other consents contained in this Privacy Notice, you agree that we may share information about your credit arrangements and credit eligibility information about you with any credit providers named by you in the Application and any credit providers named in a credit report obtained by us and issued by a credit reporting body in a manner and for purposes that comply with the Privacy Act 1988, including to assess your application for credit and your credit worthiness. Subject to the Privacy Act 1988, we may also share information concerning a credit facility granted to you or the conduct of that credit facility.
Specific Guarantor Disclosures and Consents
The general information in this Important Privacy Notice applies to you as a guarantor. This includes the information about who we share your personal information with, the transfer or disclosure of your information (including overseas disclosure), your rights to access and seek correction of your information and your right to complain about our handling of your personal information (as set out below).
As a guarantor, you should be aware that the main purposes for which we collect your personal information are to support the applicant’s application for credit, to allow Latitude Group to assess whether to accept you as a guarantor for the credit facility, for keeping you informed about the status of the credit facility, and to enforce the guarantee. We do not use the information you provide as a guarantor for direct marketing purposes.
As a guarantor, you agree that we may obtain credit reporting information about you (including information about your commercial activities and commercial credit worthiness) from credit reporting bodies. This information is obtained for the purposes of assessing whether to accept you as a guarantor in relation to credit provided by us to an applicant or credit for which an application has been made to us by an applicant. Information about the type of information contained in such reports, our disclosures to credit reporting bodies and your right to access and seek correction of such information is explained under “Collection, use and disclosure by Latitude Group of your credit information and credit eligibility information”.
Who your personal information may be shared with?
For the purposes listed above or as described, we may share your personal information with the following (as well as otherwise permitted by the Privacy Act 1988):
- any Introducers (including brokers, dealers and retail partners), if applicable;
- any employer named in the Application to verify the personal information provided;
- service providers such as customer service organisations, call centres, mailing houses, researchers, collections agents, property valuers, data analysts, professional advisers (such as accountants), auditors, organisations providing services (including any associated rewards program), delivery companies, mailing organisations;
- other organisations as required or authorised by law, for example, to government or regulatory bodies for the prevention or detection of unlawful activities;
- members of the Latitude Group and Latitude related entities in Australia and overseas;
- credit reporting bodies or other businesses or organisations that provide personal credit or commercial credit information as described above in the section “Collection, use and disclosure by Latitude Group of your credit information and credit eligibility information”;
- other financial institutions, government bodies and credit providers;
- your nominated referees;
- other persons (if any) authorised by you to operate or access your credit facility;
- organisations through whom you choose to make payments to Latitude Group;
- providers of services related to the credit facility such as statement producers and debt collection agencies; and
- organisations wishing to acquire an interest in any part of Latitude’s business for assessing or implementing any such acquisition.
We may provide information about you to any person who proposes to guarantee your obligations to us in relation to such obligations for the purpose of allowing that person to assess whether to act as your guarantor. We may also provide information to them after the guarantee is given to enable them to understand and monitor their obligations under the arrangement. You agree and consent to this disclosure.
Safeguarding personal information
We will take reasonable steps to protect personal information about you that we hold and transmit, from misuse, interference and loss and from unauthorised access, modification and disclosure.
Transfer or disclosure of your personal information overseas
In some circumstances, for the purposes set out in this Privacy Notice, your personal information, credit information and credit eligibility information may be disclosed by us to organisations located overseas and which do not have an Australian Link (for example, a disclosure to an overseas recipient may be necessary for operational reasons - such as because you have requested an international payment to be made or another product or service that involves an international element - or to comply with foreign legal or regulatory requirements). We may also use service providers based overseas. Where such disclosures occur, arrangements will be put in place to protect your personal information. It is not practicable to list every country in which such recipients are located but it is likely that the countries to which your information may be disclosed are as follows:
- New Zealand;
- South Korea;
- United Kingdom;
- United States of America.
Transfer of Latitude Group’s rights
The Credit Provider and the Latitude Group may, without notice to you or obtaining your consent:
- assign any of its rights under the credit facility; and
- give information about the credit facility and your obligations under it to any assignee, or anyone who is considering becoming an assignee.
Access to personal information
You may contact us to request access to your personal information held by us by:
- contacting Latitude at GPO Box 2264 Melbourne, Victoria 8060 Attention: Privacy Officer;
- Or call us on 1300 973 422.
A charge may apply for providing you with access to your personal information.
How to seek correction of your personal, credit, or credit eligibility information
If you believe that the information that we hold about you is incorrect in any way, please call us on 1300 973 422 or write to us at GPO Box 2264, Melbourne VIC 8060.
How we will deal with a complaint?
We aim to review and resolve your enquiries as quickly and fairly as possible. We will keep you informed of our progress. We will do all we can to provide you with the most suitable response specific to your situation and ensure, where possible, that your complaint is resolved to your satisfaction.
The Latitude Group Customer Resolution Team can be contacted on 1300 973 422 or you can write to them at:
GPO Box 2264
Melbourne VIC 8060.
Information about third party authority holders and other persons
If you authorise a third party to access information about your account or provide personal information about any other individual, such as a referee, you must first ensure that the person concerned:
- has seen this Privacy Notice and understood its contents; and
- has separately agreed to their personal information being collected, used and disclosed in accordance with this Privacy Notice.
If you provide personal information about a person under 18 years of age who does not have sufficient maturity to understand this Privacy Notice, you must ensure that a parent or guardian agrees to this Privacy Notice on their behalf.
Direct marketing opt-out
The consents given by you in relation to the use of your personal information for direct marketing apply to contacting you by all relevant means (for example, by letter, email or phone) and apply for an indefinite period of time, unless you expressly withdraw those consents by notice to us.
If you do not want to receive direct marketing information from the Credit Provider you may call our Customer Solutions Team on 1300 973 422.
If you provide Latitude Group with an email address, you consent to electronic communications being sent to you via that email address, including notices and reminders. To protect your privacy, we recommend that any email address you provide to us be your personal email address rather than, for example, an email address accessible by your work colleagues or family members.