This policy is current as at 4 November 2015 and may be updated by Banjo. We will publish our most recent version of this policy at www.banjoloans.com. In this policy “we”, “us” or “Banjo” means FundIT Ltd ACN 601 130 527 (AFSL 468033) as trustee for Banjo Small Business Loan Fund ABN 32 713 685 984 trading as Banjo and each of its related bodies corporate including without limitation Fund2Market Holdings Pty Ltd ACN 602 868 440, Fund2Market Pty Ltd ACN 600 811 345, FundIT Technology Pty Ltd ACN 601 485 205 and Fund2Market Security & Recovery Pty Ltd ACN 604 011 038.
1. COLLECTION OF INFORMATION
When you interact with us we will collect some personal information including without limitation your name, contact details and details regarding products or services that you may be interested in. If you apply for any particular product or service (including any loans issued by us or any investment in our business) we may collect additional information including for example your date of birth, information about your business and financial position and where applicable your tax file number. We will also collect data regarding your interactions with us (including transactions) and the management of our relationship with you (including by using analytics tools such as Google Analytics).
Some of the information we collect may be credit information and credit eligibility information including:
- identification information;
- information regarding credit liabilities and repayment history;
- information regarding applications for credit (including the type and amount of credit sought);
- details of information requests by other parties in accordance with the Privacy Act;
- information regarding defaults, payments, new arrangements, court proceedings and insolvency;
- publicly available information regarding credit worthiness;
- opinions of credit providers regarding credit infringements; and
- information we create or derive relating to credit worthiness and our assessment of an person’s eligibility.
Generally we will not collect sensitive information (for example health information) and will only do so when necessary to provide a particular product or service. It may not be possible for us to provide some products and services if you do not provide, or allow us to collect, particular personal information.
We will collect information directly from you (including some information collected electronically including cookies and electronic logs relating to use of our website or other online services). We may also collect information that is publically available or information from third parties including for example information from:
- our related bodies corporate;
- third parties with your consent including for example your accountant or advisors; and
- other credit providers or commercial third party information providers including credit reporting bodies. The Privacy Act and this policy only applies to information relating to individuals.
2. USE OF PERSONAL INFORMATION
We will use your personal information to provide products and services to you including without limitation:
- assessing any application for products or services by you (or if applicable a third party including where you are providing a guarantee or other form of security);
- sourcing and maintaining the funding necessary to provide our products and services;
- managing our risks including the identification of fraud or illegal activity; and
- administering our business and monitoring and managing our relationship with you.
We may need to use your information to meet legal and regulatory requirements in any jurisdiction in which we operate.
We may also use your information for secondary purposes like marketing and research. Unless you request that we do not do so, you consent to us using your personal information to market our products and services to you including electronically (for example by email or SMS) including by conducting pre-screening in conjunction with a credit reporting body. If you do not want us to do so, please notify us at email@example.com. Where we provide information to third parties for market research and not the provision of services to you, we will only disclose your data in a form that is de-identified and where applicable aggregated with other data.
3. STORAGE OF YOUR INFORMATION
We will store your information electronically and in hard copies.
Where your information is stored electronically, we will ensure that it is located in Australia but it may be hosted on third party systems on our behalf or to the extent necessary for the relevant third party to provide services to us. Some foreign IT service providers (for example in the U.S.A) will have access to some of our systems to provide support and maintenance but they will not be provided access to your data.
We will use a number of standard security measures to protect your information including implementing and maintaining:
- reasonable controls on access to your information; and
- compliance with Australian data privacy laws and regulations; and
- internal training and policies.
We will use reasonable endeavours to return, destroy or de-identify information after it is no longer required.
4. DISCLOSURE OF YOUR PERSONAL INFORMATION
We may disclose your personal information to related bodies corporate and also potential investors in our business.
Your information may be disclosed to third parties in connection with providing products and services to you or an entity associated with you including without limitation:
- our agents, partners and advisors;
- our service providers including those that provide information technology and logistics services to us;
- payment system operators;
- government bodies or authorities where required by law or where reasonably required for the purpose of the detection and prevention of fraud;
- our insurers and financiers;
- credit reporting bodies and debt collectors (the information disclosed may include information relating to failures to make any payment or a serious credit infringement);
- third parties with your consent (for example your advisors); and
- where authorised under law.
Generally we will only disclose your information with your consent which may be express or implied. You imply consent when we can reasonably conclude that you have given consent by act or omission. However we may disclose your information without your consent where required or permitted by law (including in relation to participation in credit reporting schemes).
Credit reporting bodies that we disclosure your information to may include that information in reports provided to other credit providers or reporting bodies. Currently the credit reporting bodies that we deal with are listed below. The privacy policies of each of those entities is available on their respective websites:
We will use reasonable endeavours to implement express confidentiality agreements with those third parties including obligations to comply with the Privacy Act.
Currently we do not disclose personal or credit information to third parties located outside Australia. However, in the course of providing services to us, some limited third parties may have access to our systems and data.
5. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
We will provide you with access to your personal and credit information as required under the Privacy Act and the CR Code but note that we may not always be required to do so (we will provide reasons if that is the case). Without limitation we expressly reserve the right to deny access to your personal information where providing access:
- could pose a possible threat to life or health;
- could cause an unreasonable impact on the privacy of others;
- would be in response to a frivolous or vexatious request;
- relates to existing or anticipated legal proceedings which could be prejudiced as a result;
- relates to existing or anticipated commercial negotiations involving Banjo, and its legitimate commercial interests could be prejudiced as a result;
- is in any way unlawful; or
- would be likely to prejudice an investigation of possible unlawful activity.
Where providing access could disclose our internal evaluation or other confidential intellectual property or processes, may provide you with a summary of the information rather than providing direct access to the information.
In some circumstances we may seek reimbursement of our costs of providing you access to your information but only where we are entitled to and have advised you of those costs in advance.
We will take reasonable steps to ensure that your personal information is accurate, complete and up to date at the time of collection, use or disclosure. We will correct your personal information in accordance with the Privacy Act.
If you believe you have been a victim of fraud, you should notify us immediately. Under the Privacy Act there are limits on using or disclosing credit information in some circumstances relating to fraud.
To access or correct your personal information please email us at firstname.lastname@example.org.
If you have any complaint regarding your personal or credit information, please email us at email@example.com. We will consider and respond to your complaint promptly. If you are not satisfied with our response, please contact us again. If you are still not satisfied with our response, you may be able to lodge complaints with other bodies such as:
- The Office of the Australian Information Commissioner (www.oaic.gov.au or 1300 363 992)
- Australian Financial Complaints Authority (AFCA) (www.afca.org.au or 1800 931 678)
7. CONTACTING US
You can contact us at firstname.lastname@example.org.