YOUR PRIVACY CONSENT AGREEMENT AND THE PROVISION OF CREDIT (LEASES)
Diverse Rentals is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
There are 4 SECTIONS included in this form. By continuing to each section in this “Your Privacy and the Provision of Credit (Leases)” form you will be indicating that you have carefully read and understood each section separately. You are indicating that you have given willing, informed, direct and not implied consent to the contents of each section. We invite you to give your consent to all four sections, but we emphasise, you have the right to refuse to consent to any one or more of the various sections. Please read each Section carefully.
PRIVACY CONSENT AGREEMENT
By consenting to this section you consent to Diverse Rentals collecting, holding, using and disclosing personal identification and credit information about you. If you do not provide us with this consent, we will be unable to provide you with a lease. For more detail, read the company’s Credit Information (Privacy) Management Policy available via printed copy, on request, or on our website. This policy contains detailed information concerning the company’s management and use of your information. The Commonwealth Privacy Act 1988, as amended, the Commonwealth Privacy Regulations 2013, and the Credit Reporting Privacy Code 2014 empower and regulate Diverse Rentals, in accordance with the following.
Use of your Information – Australian Privacy Principle 6 – In accordance with Sections 21G, 21H, 21J and 21 M of the Privacy Act, Diverse Rentals collects and holds your personal identification and credit information only for the following purposes:
• to verify your identity and other information provided;
• to assess any application you make for a lease;
• to assess your financial circumstances;
• to help us process your application for a lease in an efficient manner;
• to avoid the chance you may default on your payment obligations;
• to notify you of a default;
• to notify other lessors of a default;
• to facilitate the collection of overdue payments;
• to efficiently manage and administer the lease and any services we provide to you; and
• to introduce you to another lessor, when we act as a referrer.
Sources of information – By signing this agreement, you give Diverse Rentals permission to collect information from a wide variety of sources. This information can include any information about your credit worthiness, credit standing, credit history, or credit capacity, that you, other lessors and credit reporting bodies and their authorised agents are allowed to provide to Diverse Rentals, under the Privacy Act and/or Credit Reporting Privacy Code. It may also include information provided by referees, relatives, your bank, real estate agents, landlord, payroll officer and employers (past and present), that may or may not be listed on your lease application, together with other lessors, credit providers and government agencies and departments. By agreeing to this Section, you authorise Diverse Rentals to contact any one or more of these sources, to provide any and all permitted relevant information they may have regarding you, including tenancy or employment history and bank account and other financial details. Diverse Rentals may ask you for documents, including one or more of the following:
• 90 days of bank statements, to date of application;
• driver’s licence;
• Centrelink income statements;
• employment payslips;
• bills and invoices, showing current address and payment information;
• bank cards;
• birth certificate;
• proof of age cards;
• copies of any other lease agreements;
• copies of any credit contracts; and the like.
This information is only accessed as required by Diverse Rentals’ employees, representatives, professional advisers, contractors and other service providers, to facilitate the above purposes and to satisfy the responsible leasing requirements of the National Consumer Credit Protection Act. Diverse Rentals will not sell, rent or trade your personal information. Diverse Rentals reasonably assumes that any referral to third parties that you may nominate, in order that Diverse Rentals may obtain or verify 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 Diverse Rentals contacting them. Information disclosure to a credit reporting body in accordance with Section 21D of the Privacy Act, Diverse Rentals has chosen to continue with the awful negative credit reporting (privacy) regime. By consenting to this section, you specifically agree that the company may provide information to Equifax and Compusan, both credit reporting bodies.
This disclosure will be for the following purposes only:
• to obtain identity verification information;
• to obtain a consumer credit report about you, and/or
• to allow the credit reporting body to create or maintain a credit information file, containing
information about you.
Your identity verification – Diverse Rentals may verify your identity by attempting to match information you have provided with that held by a verification company and/or a credit reporting body. This task may involve the disclosure of your name, date of birth and address, to verify whether or not the personal identity information you have provided to Diverse Rentals matches information held by that third party. If we are unable to verify your identity by the above means, the company will inform you, so that you might contact the verification company or credit reporting body to update your information they hold, or you may ask Diverse Rentals to attempt to verify your identity by alternate means.
Information disclosed to one or more credit reporting bodies – The information disclosed to the credit reporting bodies is limited to (if applicable):
• identity particulars – your name, sex, address (and previous two addresses), date of birth, name of
employer and driver’s licence number;
• your application for a lease;
• the fact that Diverse Rentals may provide, or has provided you with a lease;
• the fact that your lease has incurred overdue account status;
• the fact that your lease has incurred default status; and
• information that, in the reasonable opinion of Diverse Rentals you have committed a serious credit infringement (i.e. you have been fraudulent or indicated an unwillingness to make your lease payments).
Information disclosure to other entities – Under Part 111A of the Privacy Act, Diverse Rentals may disclose your personal information to:
• credit providers;
• other lessors;
• our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business;
• the Credit and Investments Ombudsman Ltd (CIO), to which a complaint relating to a particular service we provide to you can be referred. Telephone – 1800 138 422, email – firstname.lastname@example.org, postal address – PO Box A252, Sydney South, NSW 1235, website – www.creditombudsman.com.au;
• any court or tribunal as may be required by law.
Diverse Rentals may provide limited permitted information to real estate agents, employers, referees, government departments and authorities, and other third-party entities that you may have listed in your lease application/assessment form, for identity and/or credit information verification purposes. The names and contact details of the other lessors and/or credit providers with whom we have shared information, if any, will be provided on request, as they vary from time to time and for the particular consumer.
Referred information – The information we may provide to another lessor, when acting as a referrer, will be limited to the following:
• your name;
• your contact details; and
• the purpose of your proposed lease
• period to which this understanding applies
The information may be collected or disclosed before, during, or after the term of the provision of the lease.
Information disclosure in the event of a default of your payment obligations – In the event of the creation of an overdue account and/or default of the payment conditions entered into in with Diverse Rentals, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Diverse Rentals, to assist in the process of recovery of the overdue payments, plus all associated fees and charges (if any) and all relevant legal and reasonable administrative costs incurred.
Access to your personal information – You may access your personal identification and credit information and request changes where relevant. You can apply to Diverse Rentals to obtain access to your personal information by contacting the Privacy Compliance Manager by email at email@example.com, or post to PO Box 8214, Kooringal, NSW 2650. You can also apply to access the personal information Equifax holds about you. They may be contacted on telephone no. 1300 762 207, or through www.mycreditfile.com.au.
Direct marketing – By consenting to this section, you consent to Diverse Rentals sending you direct marketing promotional information. Should you not wish to receive this direct marketing material, you may notify us at any time using the link provided at the bottom of any email message or the Opt Out facility provided in any SMS.
Concerns and complaints – If you have any privacy management concerns during the application process and term of the lease, please contact Diverse Rentals Privacy Compliance Manager. You also have a right to ask the relevant credit reporting body not to use your information for pre-screening credit offers and/or not to use your information, if you believe that you have been a victim of fraud.
Commercial credit Information – In order to assess an application for a lease, Diverse Rentals may obtain a report containing information about your commercial credit activities and/or credit worthiness from a credit reporting body. To the extent that any of this information could be regarded as personal, the provisions outlined in this section, in regard to personal information, apply.
Information Disclosure and Communications Under the SPAM Act 2003
You are informed that Section 16 of the Spam Act provides that Diverse Rentals 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, Diverse Rentals would prefer to communicate with you using such electronic 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 Transactions Act requires that, before Diverse Rentals can communicate with you electronically (email, fax, SMS), you also have to give permission under that Act for Diverse Rentals 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 Diverse Rentals’ system;
(b) regularly check your email Inbox and/or fax machine and/or SMS Inbox;
(c) not blame Diverse Rentals if any properly sent electronic message does not reach you; and
(d) notify Diverse Rentals of any changes to your electronic addresses, and absolve Diverse Rentals from any liability if you fail to do so.
We remind you that you can withdraw your permission for the above at any time, provided you give Diverse Rentals 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 section, you attest that Diverse Rentals has informed you of the following statutory provisions. Under Section 35A(1), this can include the electronic provision of your name and/or address and/or date of birth, as you may have provided to us, to a credit reporting body. This information can and frequently has to be provided to credit reporting bodies by Diverse Rentals, 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 both our AML/CTF responsibilities and our mandatory credit unsuitability/suitability assessment process under the National Consumer Credit Protection Act 2009 and associated Regulations, is not achieved, we must give you the opportunity to verify your identity by alternative means. In these circumstances, if you choose not to attempt to verify your identity by contacting the credit reporting body yourself, or by alternative means, or your contact with the credit reporting body is unsuccessful, or we determine that the alternative has failed to provide adequate identity verification, we cannot provide you with a lease. 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 body we contacted, the personal information we provided and the assessment with which we were supplied.
DECLARATION BY CONSUMER
– I hereby declare that I/we have read the above and note and
accept the rights of Diverse Rentals concerning the collection and use of my/our personal
identification and credit information.