Learn more about how we collect, hold and use your personal information.
RateSetter Australia RE Limited
ABN 57 166 646 635
Australian Executor Trustees Limited
ABN 84 007 869 794
RateSetter Australia Pty Limited
ABN 29 161 376 638
Privacy statement and electronic communication: your consent
This statement describes how RateSetter Australia RE Limited ABN 57 166 646 635, RateSetter Australia Pty Limited ABN 29 161 376 638 (collectively referred to as ‘we’) and Australian Executor Trustees Limited ABN 84 007 869 794 (as custodian of the RateSetter Lending Platform and RateSetter Wholesale Lending Platform (Custodian)), collect, use, handle and disclose your personal information in connection with an application to become a member of the RateSetter Lending Platform ARSN 169 500 449 (‘the scheme’) or a credit facility provided by the Custodian.
You agree that personal information collected by us may be collected, held and used by us for the purpose of processing an application to become a member of the scheme, a request, made on your behalf, for a quote for credit, for assessing you as an applicant or a guarantor for a credit facility with us, and/or for managing any credit facility subsequently provided. In addition, you agree that your personal information may be collected, held and used for the purposes of:
- correspondence with you and contractors in relation to the credit facility;
- managing your credit facility with us and executing your instructions;
- managing your RateSetter account and our relationship with you;
- complying with legislative and regulatory requirements;
- for internal processes (including risk management and pricing);
- collecting overdue payments;
- provision of custodial services by the Custodian to RateSetter Australia Pty Limited; and
- marketing our services and understanding services you may be interested in receiving.
You can ask us not to contact you about products and services and not to disclose your information to others for that purpose by emailing us on email@example.com.
We may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing an application for credit, even if it is an application for consumer credit.
We may obtain a consumer credit report about you from a credit reporting body (CRB), even if the application is for commercial credit:
- to assess the application; and
- for the purpose of collecting overdue payments.
We may collect information about you such as your credit worthiness and credit history from credit providers named in the credit application or in any consumer credit report about you.
We may not be able to process the credit application without the information requested.
We may, on your behalf, collect information about you such as your credit worthiness and credit history from a CRB for the purpose of seeking a quote for the cost of credit from a credit provider.
We are required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006(Cth) and the National Consumer Credit Protection Act 2009 (Cth) to ascertain and verify a prospective borrower’s financial situation.
Unless you tell us not to, by accepting the terms of this statement, you consent to us using your personal information (including information collected from others) to advertise or promote products, services, or business or investment opportunities we think may interest you, including by:
- contacting you by telephone (notwithstanding registration at any time of your telephone number on the Do Not Call Register) or writing to you; and
- sending commercial electronic messages to any electronic address which you provide or for which you are responsible (and in that regard, you warrant that you have authority, either as or on behalf of the electronic account holder, to provide this consent and agree that until you withdraw your consent by providing written notice to us or using an unsubscribe facility in the message, we may continue to send commercial electronic messages to those addresses).
You agree that we may disclose personal information collected about you in the following circumstances:
- to other persons (for example, your employers and referees) to verify that it is correct;
- to our external service providers and contractors (such as any mail house, the Custodian, commercial agent or entities that help us to verify your identity or identify illegal activities and prevent fraud) on confidential terms;
- to our related entities, assignees, agents and external advisers;
- to the related entities of the Custodian;
- to any other person we consider necessary to execute your instructions;
- to any financial institution to or from which a payment is made in relation to any account you have or operate;
- other credit providers and financial institutions;
- to any other person who has referred you to us or who has, on your behalf, submitted a request for a quote for credit or an application for a credit facility to us;
- to debt collection agencies for the purposes of collecting overdue payments;
- to organisations involved in an actual or proposed transfer or sale of our assets or business; and
- in accordance with any consent you give or where disclosure is authorised or compelled by law (for example, to law enforcement, regulatory, government and dispute resolution bodies).
In some cases, sensitive information may be collected for specific purposes (for example, information regarding your health to enable the assessment of a hardship relief application).
You understand that references in this Privacy Statement to personal information include sensitive information such as your medical and health related details, and you agree that we may exchange such information with other parties listed in this Privacy Statement for the purpose of assessing or processing credit applications and may seek further information from any medical attendant consulted by you.
If you ask RateSetter Australia Pty Limited to obtain, on your behalf, your credit history for the purposes of obtaining a quote for credit, or if you are applying for credit from the Custodian, you agree that RateSetter Australia Pty Limited and/or the Custodian (as relevant) may give a CRB your personal information including but not limited to:
- your full name, including any known aliases, your sex and your date of birth;
- your most recent three addresses;
- the name of your current or last known employer;
- your driver’s licence number;
- your businesses’ ABN or ACN number;
- details of any payment default amount of over $150;
- the fact that you have applied for credit and the amount;
- the fact that we are a current credit provider to you;
- details of payments which are more than 60 days overdue where debt collection action has commenced;
- advice that payments are no longer overdue;
- the fact that the credit we provide has been paid or discharged;
- that in certain circumstances, you have committed fraud or other serious credit infringement; and
- repayment history information for a 2 year period.
The CRBs we use are:
To assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006 (Cth), we may use a CRB to provide an assessment of whether personal information you have provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the CRB.
In verifying your identity, the CRB may prepare and provide RateSetter Australia Pty Limited, RateSetter Australia RE Limited or the Custodian with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment.
CRBs may include information which we provide in reports to other credit providers to assist them to assess your creditworthiness.
You can ask a CRB not to use or disclose credit information it holds about you for a period of 21 days (called a “ban period”) without your consent if you believe on reasonable grounds that you have been or are likely to be a victim of fraud, including identity fraud.
As a credit applicant, you agree to us accessing your personal information (including consumer credit information) held with a CRB, even if there is a ban period in place, for the purposes of assessing an application for credit or in order to collect overdue payments.
CRBs may use credit information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a CRB not to do this. However, as a credit applicant or member applicant you may still receive direct marketing from us (unless you ask us not to) that has not been “pre-screened”.
If you are a credit applicant, you agree that we may disclose information about you (including your credit worthiness or credit history) to other credit providers to assess an application by you for credit, to notify them of a default by you and to inform other credit providers who allege you are in default with them. You also agree that we may disclose your information to any person reasonably necessary for the purposes of that person taking an assignment of any contract the lender has with you.
If you are, or propose to be, a credit applicant, you agree that we may disclose information about you (including your credit worthiness or credit history) with any person who proposes to guarantee or has guaranteed repayment of any credit provided to you including for the purpose of determining whether to guarantee or provide security for your obligations.
You agree that we may disclose your information to our related companies located in the United Kingdom and to our service providers located in the United States of America, the United Kingdom and India.
If you provide information about any other person, such as a referee, you agree to tell them:
- that you are providing this information to us;
- of our contact details on this form;
- the reason you are providing their information;
- the fact that we have collected personal information from you; and
- of the contents of this Privacy Statement and Consent.
If you provide us with an email address or mobile phone number, you consent to us using them to send you notices and reminders. Paper documents may no longer be given but there may be some documents which we are legally required to give you in hard copy. Electronic communications must be regularly checked for notices from us. To protect your privacy, you should nominate an email address and/or mobile phone number accessible only by you rather than, for example, one which is accessible by your work colleagues or family members. Your consent to the giving of documents by electronic communication may be withdrawn at any time.
You have the right to access and seek correction of the personal information we and the Custodian hold about you, and our respective privacy policies contain information about how you may do this, how you may make a complaint about a breach of your privacy rights, and how complaints are handled.
By checking the box titled the ‘I accept the Privacy Statement and Electronic Communication Consent’ or clicking the button labelled ‘submit application’, or otherwise communicating or indicating your consent to this document to us, you agree to the collection, use and disclosure of your personal information as outlined in this statement.