Privacy Policy

1.)    Your Privacy is Important to Us

   

1.2)        Introduction

Thank you for trusting 3Pay with your personal information. We recognise the importance of protecting your privacy and we are committed to do so. With this Privacy Policy we want to be very clear about how we collect, use, store, exchange and protect your information.

1.2)        About this Policy

This Policy outlines how 3Pay  and its affiliated companies (together “3Pay” / “we / us / our”) handle your personal information.

It is very important to us that we manage your personal information securely and consistently with relevant legislation, including the Commonwealth Privacy Act 1988 (“Privacy Act”), and the Credit Reporting Privacy Code (“Privacy Code”), as amended or replaced from time to time.

Please note that our privacy policy is not limited to customers. It also relates to all other individuals and legal persons who deal with 3Pay, irrespective of the nature of the dealings. This policy does not limit our rights and obligations under any privacy laws or rules and regulations (“Privacy Laws”).

 

2.)    Our Information Collection

 2.1)        What is Personal Information?

Personal information is any information or an opinion, whether true or not, about you that identifies you, or from which you are reasonably identifiable, as further defined in any relevant Privacy Laws.

 2.2)        Your Consent for Us to Collect and Use your Personal Information

By accepting the following terms and conditions you agree to that 3Pay collects, uses and discloses certain personal information about you. We may collect personal information every time you interact with us.

It is not mandatory for you to provide us with the personal information that we request. However, if you do not do so, it may affect our ability to provide products and services to you.

With your consent, the personal information we collect, we obtain by:

a)       You are submitting this information directly to us, or

b)       3Pay accessing your internet bank information and credit history with credit reporting agencies.

The Personal Information can include key personal information, such as your:

a)       Name, addresses, telephone numbers, email and other electronic identities, and

b)       Key financial information, as in bank account information, assets, expenses, income, revenue, dependents, and financial and business dealing with us or third parties such as service providers, agents, your bank, advisers, brokers, employers or family members.

 You consent that we can do the following, as part of providing you with our services:

a)       Access your internet bank information and appoint our third-party service provider as your agent to access your such internet banking information on your behalf solely for the purposes or assessing your credit. You also consent to our ongoing access to this information for the term of the loan and the purposes outlined above.

b)       Seek and use personal credit information about you.

c)       Obtain a credit report from third parties, such as a credit-reporting agency or financial institutions.

d)       Disclose your credit information to third parties, such as a credit-reporting agency. Your information may include some identity particulars and certain facts included in your credit application in addition to whether and how you have honoured your credit commitments to us at any given point in time.

e)       Disclose your personal information to certain third parties as required by law or to organisations involved in providing credit to you. This may include parties that participate in or might fund our business. Also, various third-party service providers, including technology partners and providers that we use to process your applications and deliver our services. Such third-party service providers may be based overseas.

f)        Disclose information about your loan to a relevant business intermediary who introduced you to our business, if any.

g)       Seek and use landlord information.

 We use your personal information to confirm your identity, assess your credit, improve our services, manage the relationship with you, for direct marketing of products and collection of our claims.

You have the right to request not to receive direct marketing material by advising us at any time.

The applicable personal information may be disclosed to credit reporting bodies such a: 

·       Equifax Australia Information Services and Solutions Pty Limited (Equifax),  https://www.equifax.com.au/  –  (please see its privacy policy here: https://www.equifax.com.au/privacy)

·       Dun & Bradstreet Consumer Credit Pty Ltd (DBCC) trading as Illion, https://www.illion.com.au/  –   (please see its privacy policy here: https://www.illion.com.au/privacy-policy/) 

·       Experian Australia Credit Services Pty Ltd (Experian), http://www.experian.com.au/  –  (please see its privacy policy here: http://www.experian.com.au/privacy-policy)

·       CreditorWatch Pty Ltd, https://creditorwatch.com.au/  –  (please see its privacy policy here: https://creditorwatch.com.au/privacy

Your consent applies even if your request is ultimately rejected by 3Pay. If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with our Privacy Policy. You must inform them of their rights to access and request correction of their information set out in our Privacy Policy (as updated from time to time).

 2.3)        When do We Collect Personal Information?

We may collect information about you for example when you electronically request or use our products or services, make a payment or transfer money, speak with us on the phone or use any of our websites or applications for whatever reasons.

It is not mandatory for you to provide us with the personal information that we request. However, if you do not do so it may affect our ability to provide products and services to you.

 2.4)        Your Consent for Us to Communicate Electronically with Us

You consent to us exchanging with you legal documentation, including contracts and notices and other documents in connection with your matters with us (“Electronic Communication”) by electronic means, including by email, text or on our web site.

You understand that upon the giving this consent we may make all notices, statutory disclosures, statements of account, copy of the Master Agreement and other documents available to you by e-mail or other form of electronic communication like through access on our web site.

You hereby accept that any party that accesses your account does so as your agent and accordingly you agree to be bound by any transactions effected through their use of your account.

 2.5)        The Personal and Financial Information We Collect Directly

The personal information we collect (even if your request is ultimately rejected by 3Pay) can include key personal information such as your name, addresses, telephone numbers, email and other electronic identities.

Also financial information such as bank account information (from prior to the loan being granted and ongoing for the term of the loan), assets, expenses, income, revenue, dependants, and financial and business dealings and other relevant events and your occupation.

Other relevant information we may collect includes your transaction history with us or relevant third parties, gender, marital status and health and medical information, membership of professional bodies, tax file number information and other government identifiers (e.g. if relevant for insurance purposes or to identifying you).

When your interactions with us are electronic, we may collect information about your location or activity such as your IP address, telephone number and whether you’ve accessed third-party sites, IP address, device and operating system identifiers, your location, mobile network information, standard web log data (for example browser type and traffic to and from the site) and other information.

Some of the website information we collect by placing cookies (small data files) on your computer or other device to collect information about which pages you view and how you reach them, what you do when you visit a page, the length of time you remain on the page, and how we perform in communicating with you.

 2.6)        Information from other Sources

In many circumstances, we will collect information primarily from you (or from someone who is representing or assisting you).  However, there are certain instances in which we will collect information about you from third parties, where it is unreasonable or impracticable to collect it directly from you, such as service providers, agents, your bank, advisers, brokers, employers or family members.

 For example, where your application is for credit, we may collect information about you from:

a)       A credit reporting body, which provides information about commercial credit worthiness for the purpose of assessing your application. 

b)       Your bank, which provides bank account information throughout the term of the loan (please see more about that below).

c)       Public resources, such as public registers or social media, or other sources where information is similarly made publicly available by third parties.

 We may use a bank statements and third-party account aggregation service providers. By obtaining from you access to your internet banking, our third-party service provider will access your personal information for the purpose of providing your personal and business bank account information to us. We will obtain the last six months’ bank transactions from the relevant bank account on the date you apply for a loan, in addition to further ongoing bank transactions for the term of the loan, for the purpose of assessing any future loan application.

 2.7)        Your Consent for Us to Access Your Internet Banking Information

We note that your bank’s terms may prohibit you from sharing your login, so you agree to appoint our third party service provider as your agent to access your internet banking on your behalf solely for this purposes and you consent to our ongoing access to this information for the term of the loan and the purposes outlined above.

 2.8)        Health Information and Other Sensitive Information

The Privacy Laws protects sensitive information, such as health information that’s collected on insurance or hardship applications. If we need to obtain this type of information, we will ask for your consent, except where otherwise permitted by law.

 2.9)        Information About Other People

If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with this Privacy Policy. You must inform them of their rights to access and request correction of their information set out below.

 

3.)    How Do We Use Your Information?

 We use the information collection in various ways to deliver our products and services and in general conduct our business, including compliance with our legal obligations and assist government and law enforcement agencies or regulators.

As an example, we might use your information to establish your identity and assess applications for products and services. This includes managing our risk and investigate illegal activity, such as fraud.

We will manage our relationship with you by pricing and designing our offerings and strive to improve our customers’ experience. We may also use the information to share with your information about products or services offered by us or relevant third parties.

 3.1)        Direct Marketing

We may use your information for direct marketing, including by email or other electronic means.  If you no longer want to receive direct marketing, you can tell us by using any of the methods set out in section 8.

 3.2)        Combining Information to Develop Insights

Improvements in technology enable businesses to use information to get a holistic view of customers. We may combine our customer information with information available from a wide variety of external sources (such as census or Australian Bureau of Statistics data). In addition, we may provide data to others to help them understand their customers better. Such date does not contain any information that identifies you.

 

4.)    Information Exchange with Third Parties

4.1)        Third Parties

We may exchange your information with third parties where this is permitted or required by law, or for any of the purposes mentioned in this policy.

Such third parties include your co-applicant(s) (if any) and entities that provide various services to us (in Australia or overseas), such as identity verification, law firms (for debt collection or other tasks), assessors and investigators, information technology support entities, market research / data providers, marketing partners, loyalty program partners and supplier of any goods or services financed with credit we provide.

Other third parties may include brokers, agents and advisers and persons acting on your behalf, for example guarantors or guardians or persons holding power of attorney, or references that you provide to us, for example landlord details or trade references.

Another group of entities way share information with is credit reporting bodies that may collect the information we provide to them, including default information, and use it to provide their credit reporting services.

We may also share information with financial institutions such as banks and credit providers or others involved in providing funding to us and our auditors and insurers and our employers will have access.

As part of our focus on legal compliance we may share information with government and law enforcement agencies or regulators and other entities established to help identify illegal activities and prevent fraud, and addition to any other parties that you authorise or that we are required or permitted by law to share information with.

 4.2)        Sending Information Overseas

Generally, we store and use your information within Australia.  However, we may send your information overseas to service providers or other third parties who operate or hold data outside Australia. Where we do this, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.

 

5.)    Credit checks and credit reporting

 5.1)        We Obtain Credit Reports

When you apply to 3Pay for credit or propose to be a guarantor, we need to consider whether you are likely to be able to fulfil your contractual obligations to us, including repayments. We do not want to provide you with credit if this would put you in financial difficulty. One of our checks involves obtaining a credit report about you.

A credit report contains information about your credit history. This helps us to verify your identity, assess your credit applications and manage accounts you hold. Credit reporting bodies collect and exchange this kind of information with credit providers like us and other service providers.

In particular, information in a credit or similar report may include details about your previous defaults (if any), personal insolvency information, information regarding an opinion of another credit provider, credit scores from other reporting bodies, and any information that we then derive from such information that has a bearing on your creditworthiness.

Please note that the Privacy Act limits the information that we as credit providers can disclose about you to credit reporting bodies, as well as the ways in which credit providers can use credit reports.

 5.2)        Exchange of Information with Credit Reporting Bodies

The information we can exchange includes your identification details, what type of loans you have applied for, how much you’ve borrowed, whether or not you’ve met your loan payment obligations and whether you have committed a serious credit infringement (such as fraud).

We also ask the credit reporting body to provide us with an overall assessment score of your creditworthiness.

The credit reporting bodies we use will hold your personal information on their terms and treat your information in accordance with their own privacy policies.

 Such credit reporting bodies may include:

·        Equifax Australia Information Services and Solutions Pty Limited (Equifax),  https://www.equifax.com.au/    (please see its privacy policy here: https://www.equifax.com.au/privacy

·        Dun & Bradstreet Consumer Credit Pty Ltd (DBCC) trading as Illion, https://www.illion.com.au/  –  (please see its privacy policy here: https://www.illion.com.au/privacy-policy/ )

·        Experian Australia Credit Services Pty Ltd (Experian), http://www.experian.com.au/  –  (please see its privacy policy here: http://www.experian.com.au/privacy-policy ), and 

·        CreditorWatch Pty Ltd, https://creditorwatch.com.au/  –  (please see its privacy policy here: https://creditorwatch.com.au/privacy )

 5.3)        How Do We Use the Credit-Related Information?

We use information from credit reporting bodies to (i) confirm your identity (ii) internally assess applications for credit (iii) manage our relationship with you, and (iv) collect overdue payments.

We store credit-related information with your other information. You can access credit-related information we hold about you, request us to correct the information and make a complaint to us about your credit-related information. Please see section 8.

 5.4)        Directing Marketing Through Credit Providers

If you suspect that you have been a victim of identity theft or fraud you should ask the credit reporting body not to use the credit-related information it holds about you.

Credit-reporting entities can upon request use their credit-related information to pre-screen you for direct marketing. You can ask a credit reporting body not to do this.

 

6.)    Accessing and Correcting Your Information

6.1)        Can I Get Access to My Information?

You can ask for access to your basic information (for example what transactions you’ve made) by going online or calling us. To obtain a copy of current credit-related information we hold about you, you can call or email us.

We try to make your information available within 30 days of your request. Before we give you the information, we’ll need to confirm your identity.

 6.2)        Is There a Fee?

There is no fee for making the initial request. However, in some cases, where permitted by law, there may be an access charge to cover the time we spend locating, compiling and explaining the information you ask for. If there is an access charge, we’ll give you an estimate up front and confirm that you’d like us to proceed. You’ll need to make the payment before we start, unless you’ve authorised us to debit your account.

 6.3)        Can You Deny or Limit My Request for Access?

In certain circumstances we’re allowed to deny your request or limit the access we provide. For example, we might not provide you access to commercially sensitive information. Whatever the outcome, we’ll write to you explaining our decision.

 6.4)        Information Updated or Corrected

It’s important that we have your correct details, such as your current address and telephone number. You can check or update your information by going online, emailing or phoning us.

You can ask us to correct any inaccurate information we hold or have provided to others (including credit-related information) by contacting us. If the information that is corrected is information we have provided to others, you can ask us to notify them of the correction. We don’t charge a fee for these requests.

If your request relates to credit-related information provided by others, we may need to consult with credit reporting bodies or other credit providers. We’ll try to correct information within 30 days. If we can’t complete the request within 30 days, we’ll let you know the reason for the delay and try to agree a time-frame with you to extend the period.

If we’re able to correct your information, we’ll inform you when the process is complete.

 6.5)        What If We Disagree About Correction?

If we disagree with you that information should be corrected, we’ll let you know in writing our reasons. You can ask us to include a statement with the relevant information, indicating your view that the information is inaccurate, misleading, incomplete, irrelevant or out-of-date. We will take reasonable steps to comply with such a request.

 6.6)        Can I ask You Not to Provide My Information to My Broker?

If you were introduced or applied to us through a broker or other agent, we will provide them with information about each application you make with us and each loan which we provide to you. Your account will be linked to that broker and we will continue to provide them your information for each application you make with us whether that application is made through that broker or direct with us. If you do not wish us to provide your information to your broker or other agent you must advise us by contacting privacy@3Pay.com.au.  

 

7.)    Securing Your Information

We use reasonable endeavours to keep your personal information secure. However, this security cannot be guaranteed. Our security measures include employees’ education on handling sensitive information and choosing only trusted third parties to work with. We also work towards to upholding security on our electronic equipment, including servers and computer systems. We limit access by requiring use of passwords and/or smartcards, but your long-in details are your responsibility and you must acknowledge that anyone that accesses your account does so as your agent. When data is no longer practically required, we destroy data.

 

8.)    Contacting Us

 8.1)        We’re Here to Help

For privacy related queries, access or correction requests, or complaints, or to request a printed version of this policy, please contact us on 1300 00 3PAY (1300 00 3729) or email  privacy@3Pay.com.au . We are open Monday to Friday, 9am-5pm AEST.  We aim to resolve your query or complaint at your first point of contact with us. You can use your usual point of contact or call our customer service team.

 8.2)        To Update Your Direct Marketing Preferences or Request Not to Receive Direct Marketing

You can call us using the number above or email us.

For more information about the Australian Privacy Principles and credit reporting rules visit:

Office of the Australian Information Commissioner (privacy generally)

 8.3)        Privacy Complaints

If you have a concern about your privacy (including credit-related matters), you have a right to make a complaint and we’ll do everything we can to put matters right.

To lodge a complaint, please get in touch with us using your point of contact or one of the customer service approaches set out in section 8.1. We’ll review your situation and try to resolve it straight away.

We acknowledge every complaint we receive and provide you with our name, a reference number and contact details of the investigating officer. We keep you updated on the progress we’re making towards fixing the problem. Usually, it takes only a few days to resolve a complaint. However, if we’re unable to provide a final response within 45 days we’ll contact you to explain why and discuss a time-frame to resolve the complaint.

 8.4)        External Review of Privacy Complaints

If you’re not satisfied with our handling of your matter, you can refer your complaint to external dispute resolution. We suggest you do this only once you’ve first followed our internal complaint processes set out above.

If your complaint is about the way we handle your personal information you may also contact the Office of the Australian Information Commissioner by calling them at 1300 363 992, online at www.oaic.gov.au or writing to the Office of the Australian Information Commissioner, GPO Box 5218 Sydney NSW 2001.

3Pay will consider privacy disputes if they’re about the provision of credit, the collection of a debt, credit reporting or the supplier customer relationship, or if the privacy issue is part of a broader dispute with us.

 

9.)    Changes to This Privacy Policy

We may change this Privacy Policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new Privacy Policy. We will tell you about any changes by posting an updated Privacy Policy on our website. Any change we make applies from the date we post it on the website. By continuing to use our services you will be deemed to agree to our updated Privacy Policy.