Credit Reporting Policy

1 ABOUT THIS POLICY

1.1 ezyCollect Pty Ltd (ACN 156 330 371) is a business registered in Australia (the Company) and is committed to keeping your credit information safe and secure and to handle it in an open and transparent manner in accordance with the Australian Privacy Act 1988 (Cth) (the Privacy Act), the Privacy (Credit Reporting) Code (CR Code) and the New Zealand Privacy Act 2020 (the NZ Privacy Act) and the Credit Reporting Privacy Code 2020 (NZ CR Code).

1.2 By engaging the Company’s products or services (the Services) or using the Company’s website (the Website) and platforms (the Platform), you, and any related business, are giving consent to the Company for the use of your credit related information in the manner set out in this Credit Reporting Policy.

1.3 This Credit Reporting Policy should be read in conjunction with the Company’s Privacy Policy available at ezycollect.io.

2 COLLECTION OF CREDIT INFORMATION

2.1 Through the provision of its Services to you, the Company may collect and use all types of ‘credit information’, ‘credit eligibility information’ and ‘CP derived information’, as those terms are defined in the Privacy Act or ‘credit information’ as that term is defined in the NZ Privacy Act and are collectively referred as credit-related information in this Policy. This information can include:

(a) identity details such as your full name, date of birth, address, and driver licence number;

(b) information about your repayment history;

(d) details about your credit provider and your consumer or commercial credit;

(e) default information including payment information and history, and any outstanding or unpaid invoices, and customers’ total debt; and

(f) information about your trade references (including company name, contact name, address, phone number and email address);

(g) information about your financial position, including any bank account details or credit card details;

(h) other credit information not stated above, which is derived by the Company; and

(i) any consumer credit liability information, such as the name of the credit provider, whether the credit provider has an Australian Credit Licence or licence to provide similar services in New Zealand, the type of consumer credit, the day on which the consumer credit was entered into and terminated, the maximum amount of credit available and certain repayment terms and conditions.

2.2 Information about your credit information may be collected in a variety of ways, including but not limited to:

(a) from credit reporting bodies and credit providers;

(b) when you register for the Services;

(d) when you receive an invoice from our Website;

(e) when you interact with the Company electronically or in person;

(f) when you access the Company’s Website, Platform or Services; and

(g) when the Company provides products and/or Services to you.

3 HOLDING OF CREDIT INFORMATION

3.1 The Company will hold your credit-related information in its databases protected by network control security protection measures and is accessed only by authorised and trained employees.

3.2 The Company uses reasonable endeavours to protect your credit-related information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to this information.

3.3 Where required by law, the Company will take commercially reasonable steps to destroy or permanently de-identify your credit-related information if it is no longer needed for the purposes of providing our Services to you or our customers, and where the Company is not required to retain that information by law. The Company may use or disclose the de-identified credit information in order to conduct credit related research in accordance with the Privacy (Credit Related Research) Rule 2014 and the NZ Privacy Code.

4 USE AND DISCLOSURE OF CREDIT INFORMATION

4.1 The Company may use your credit-related information to:

(a) assist you in applying for credit from our customers and for our customers to assess your credit applications for consumer and/or commercial credit;

(b) assess your credit worthiness;

(d) inform our data models, including, but not limited to, machine learning;

(e) build a database of credit profiles;

(f) compile credit insights;

(g) marketing, sales, and business development purposes and administration and management of our Services;

(h) assist our customers in debt management and debt recovery; and

(i) offer you updates on your credit application and on other Services and/or products offered by the Company.

4.2 The Company may disclose your credit-related information to:

(a) our customers in order to provide them with credit profiles, credit insights and credit reports, including, but not limited to, your credit scores, credit summaries, late payment score, and failure risk scores;

(b) third party credit reporting bodies;

(d) guarantors; or

(e) comply with a law or court order or report to an enforcement body or dispute resolution scheme.

4.3 While this list is not exhaustive, any purposes outside of this list will be consistent with those permitted under the Privacy Act and the NZ Privacy Act. Where the Company will use or disclose your credit related information for reasons outside of the reasons described in this Credit Reporting Policy, the Company will obtain your consent prior to such use and disclosure, unless the use or disclosure is required, or incidental by law.

4.4 By completing the online credit application web form or engaging the Company’s Services or by using the Company’s Services, you consent to the Company collecting, using and disclosing your credit-related information for the primary purposes specified herein and purposes other than the primary purposes, including the purpose of direct marketing.

4.5 You consent to the Company obtaining and making disclosure of your credit-related information from and to a third party credit reporting body and/or another credit provider for a commercial credit related purpose, a consumer credit purpose and/or another related purpose. The Company notifies you that it may use and/or disclose credit eligibility information under section 21G of the Act and the NZ Privacy Act and NZ CR Code.

4.6 The Company may disclose your credit-related information to, and about them and you hereby acknowledge that you consent to the disclosure of such information to the Company’s employees, subsidiaries, agents and related bodies corporate, your past, present or prospective credit providers and/or guarantor(s) or their related bodies corporate, including for the purpose of that person considering whether to offer credit, to act as guarantor or offer security for that credit, and/or overseas recipients and recipients who do not have an Australian link.

4.7 The Company may provide credit information about you to any or all of the credit reporting bodies nominated below. The Company intends to disclose default information to any or all of the credit reporting bodies listed below. You consent to such disclosure.

(a) Illion – www.illion.com.au;

4.8 The Company may use cloud services, and as such, its servers may be located in Australia and New Zealand, and you acknowledge, agree and understand that your credit related information may be transferred and stored in Australia and New Zealand, and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.

4.9 The Company, in its sole discretion, may disclose your credit related information if it is required to do so by law or legal process, including:

(a) in order to establish, exercise or defend its legal rights;

(b) as required or authorised by law; or

(c) to the extent required to permit the Company to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct the Company deem improper.

4.10 If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any credit related information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. The Company only discloses credit related information in good faith and where required by any of the above circumstances.

4.11 By providing the Company with personal information and credit related information, you consent to the terms of this Credit Reporting Policy and the types of disclosure covered by this Credit Reporting Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Credit Reporting Policy regarding handling your credit reporting information.

5 STATEMENT OF NOTIFIABLE MATTERS

5.1 The CR Code requires the disclosure of certain ‘notifiable matters’ that may be disclosed to a credit reporting body. Those matters are:

(a) a credit reporting body may include your credit information in reports provided to other credit providers to assist those credit providers in assessing your credit worthiness.

(b) if you fail to meet your payment obligations relating to consumer credit you have received or you commit a serious credit infringement, we may be entitled to disclose this to the credit reporting body;

(d) you may access or request the privacy policies or credit reporting policies, or obtain further contact details for each of the credit reporting bodies stated in clause 4.7 that the Company deals with by following the links below:

(a) Illion – www.illion.com.au;

(e) you have the right to access your credit information, request that we correct your credit information, and make a complaint as set out in this Credit Reporting Policy;

(f) you may request a credit reporting body not use you credit reporting information for the purposes of pre-screening of direct marketing by credit providers; and

(g) you have the right to request that a credit reporting body not 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.

6 ACCESS AND CORRECTION

6.1 You can request access to credit information the Company holds about you and ask for corrections to be made by contacting the Company as set out in clause 9 below.

6.2 The Company may charge a reasonable fee to process your request for access to your credit information in order to cover costs such as locating the information and supplying it to you. However, there is no fee for the correction of your credit information.

6.3 There are some circumstances in which the Company is not required to give you access to your credit information.

6.4 If the Company refuses to give you access or to correct your credit information, it will:

(a) give you a notice explaining its reasons (except where it would be unreasonable to do so); and

(b) provide you with information on how you can complain about the refusal.

6.5 If the Company refuses your request to correct your credit information, you also have the right to request that a statement be associated with your credit information noting that you disagree with its accuracy.

7 COMPLAINTS

7.1 If you have any complaints in relation to this Credit Reporting Policy or privacy practice, please contact the Company using the details set out in clause 9 below.

7.2 A complaint should identify whether it is about:

(a) the collection of credit information and/or credit eligibility information;

(b) the use of credit information and/or credit eligibility information;

(d) the security or storage of credit information and/or credit eligibility information;

(e) the accuracy of credit information and/or credit eligibility information;

(f) a refusal to give access to or provide information about their credit information and/or credit eligibility information; or

(g) a refusal to change or delete credit information and/or credit eligibility information.

7.3 The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess your response and advise if it has changed its view within thirty (30) days. If you are unsatisfied with the final outcome, the Company will advise further options including, if appropriate, making a complaint with, respective of your location, the Office of the Australian Information Commissioner.

8 VARIATION TO THIS POLICY

8.1 The Company reserves the right to modify or amend this Credit Reporting Policy at any time, for any reason, and without any notice, by posting a revised version on the Website. Any changes to this Credit Reporting Policy will become effective when the Company posts the revised Credit Reporting Policy on the Website. Your use of the Services, including but not limited to Company’s Website and Platform, following these changes means that you accept the revised Credit Reporting Policy.

8.2 This policy was last modified on 1 July 2021.