Credit Guide, Terms & Conditions
Information Statement &
Rent The Roo Pty Ltd
ACN 001 408 448
Australian Credit Licence 387405
About this Credit Guide
As a licenced credit provider, we are required to give you a Credit Guide as soon as practicable after it becomes apparent to us that a lease is likely to be entered into.
The guide includes information about us, our responsible lending obligations and our dispute resolution process.
Under the National Consumer Credit Protection Act, we must not enter into a lease with you, or increase the credit limit of a lease with you, if the contract is unsuitable for you.
The contract will be unsuitable for you if, at the time the contract is entered into or the credit limit is increased, it is likely that:
- You will be unable to comply with your financial obligations under the contract, or could only comply with substantial hardship; or
- The contract will not meet your requirements or objectives.
We must make an assessment whether the contract will be unsuitable for you before entering into a lease with you or increasing the limit of an existing lease.
You can request a copy of our assessment. We must give you a copy (at no charge to you):
- Before entering the lease or before the credit limit is increased, if you make the request before then;
- Within 7 business days, if your request is made within 2 years of entering into the contract or the credit limit increase; and
- Otherwise, within 21 business days.
We do not need to give you a copy of the assessment if:
- Your request is made more than 7 years after entering into the contract or the credit limit increase; or
- The lease is not entered into or the credit limit is not increased.
Rent The Roo Pty Ltd offers its customers both an internal and an external dispute resolution process that are readily accessible and free.
When Does a Dispute Arise?
A dispute arises if you make a complaint to Rent The Roo Pty Ltd about a product or service and you are not satisfied with the response that you receive.
Internal Dispute Resolution
To use our internal dispute resolution procedure you should address a letter, email or fax detailing the dispute to:
Name: The Member Representative
Mail: Rent The Roo Pty Ltd PO Box 2150 Howrah TAS 7018
Phone: 137 661
Fax: 03 6244 4735
If the Member Representative is able to resolve the dispute he or she will promptly notify you in writing of the outcome and provide reasons for the outcome. If you are still not satisfied with the outcome of a dispute, you can refer the matter to our external dispute resolution scheme.
You are not obliged to pursue a dispute with Rent The Roo Pty Ltd using its internal dispute resolution procedure. If you do use the internal dispute resolution procedure, you may commence legal proceedings before, after or at the same time as using the internal dispute resolution procedure.
Rent The Roo Pty Ltd participation in the internal dispute resolution procedure is not a waiver of any rights it may have under the law or under any contract between you and Rent The Roo Pty Ltd
External Dispute Resolution
External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints.
You must attempt to resolve your complaint with us before contacting our external dispute resolution scheme. If you have a complaint which remains unresolved after speaking to our Member Representative, you can contact our external dispute resolution provider or get legal advice.
Our external dispute resolution provider is:
Name: Australian Financial Complaints Authority (AFCA)
Mail: GPO Box 3 Melbourne VIC 3001
Phone: 1800 931 678
Further information regarding AFCA including their Terms of Reference is available from their office or on their website.
RENTAL AGREEMENT TERMS AND CONDITIONS
This Agreement is a “Consumer Lease” and is for consumer purposes and the provisions of the National Consumer Protection Act (NCCP) apply to it if at the date that you sign the Rental Agreement you are an individual and the Rented Goods are obtained wholly or predominantly for personal, domestic or household purposes.
1.1 In this agreement, unless the context otherwise requires:
(a) Words denoting the singular include the plural and vice versa and words denoting one gender include each gender;
(b) Words denoting a person include a corporation and vice versa;
(c) Headings are for convenience only and do not affect the interpretation of this agreement;
(d) A reference to a party includes its successors and permitted assigns; and
(e) A reference to the Rented Goods includes any parts or accessories from time to time attached to or forming part of the Rented Goods, whether in addition to or in replacement of any part of the Rented Goods.
1.2 The following terms have the following meanings:
Australian Credit Licence or ACL are one and the same.
Code means the National Consumer Credit Protection Act 2009 and its regulations which apply to all Consumer Credit activities Australia wide.
Computer Equipment means any computer equipment including any accessories, manuals and software so described in the Rental Agreement.
Exercise Equipment means any fitness or exercise equipment so described in the Rental Agreement.
GST has the same meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Premises refers to the premises so described in the Rental Agreement.
Rebate Rate means:
(a) The lesser of 24% of the remaining Total Rental Amount; or
(b) Twelve months of rent instalments as specified in the Rental agreement Schedule; and
(c) Our reasonable expenses in attempting to recover the Rented Goods.
Recoverable Amount means the total, at the date of termination of:
(a) The rent instalments and other monies which have fallen due for payment but have not been paid;
(b) The value of all rent instalments (excluding any taxes and duties) which are still to fall due (calculated by applying the Rebate Rate);
(c) Any reasonable enforcement expenses, including any costs incurred by us in taking possession of the Rented Goods and storing them; and
(d) The amount of the bond (if any).
Rented Goods means the goods so described in the Rental Agreement.
Renter means the person(s) so described in the Rental Agreement.
Term means the period so described in the Rental Agreement.
Total Rental Amount means the Total amount of rent payable which is specified in the Rental Agreement.
We, Our, Us means:
Rent The Roo Pty Ltd
PO Box 2150 Howrah TAS 7018
Phone: 137 661
Australian Credit Licence 387405
User Manual means any instruction manual, guide, notes or similar document relating to Exercise Equipment
- Acceptance of this offer
This offer is accepted by you when we deliver the Rented Goods to the Premises.
- Delivery of the Rented Goods
3.1 We are responsible for delivery of the Rented Goods.
3.2 By taking delivery, the Renter acknowledges that the Rented Goods are in good condition and as described in the Rental Agreement.
- Ownership of the Rented Goods
The Rented Goods are, and will remain at all times, ours or our Financiers sole property.
The Renter does not own the Rented Goods.
The Renter acknowledges that they have no right to purchase the Rented Goods from us.
- Early termination by Renter
The Renter can terminate this agreement at any time during the Term by returning the Rented Goods to us in good working order and in good repair (reasonable wear and tear excepted) during ordinary business hours or other agreed time to the place we nominate and by paying the Recoverable Amount.
- Default Events
For the purposes of this agreement, a “Default Event” occurs in each of the following circumstances and a Default Event is a breach of a condition of this agreement:
(a) The Renter does not pay on the due date any instalment of rent or other money payable under this agreement;
(b) The Rented Goods are lost, stolen or destroyed or we form the opinion that they are so damaged as to make their repair impracticable or uneconomic;
(c) The Renter dies or ceases to have contractual capacity;
(d) Any execution is threatened or levied against the Rented Goods;
(e) The Renter breaches any of the obligations in clause 9, 10 or 11 and
(f) The Renter does not comply with a notice we give to rectify a breach of this agreement within 7 days.
Termination by Us:
If a Default Event occurs, the Renter will be deemed to have repudiated this agreement and we will be entitled to terminate it by written notice or by any act of repossession. Upon such termination, the Renter must pay us, immediately upon demand, by way of liquidated damages for our loss arising from termination, the Recoverable Amount.
- On expiry of Agreed Term
7.1 Upon expiry of the Agreed Term, the renter may:
(a) Apply to us to extend the term of the lease for an agreed period at a mutually agreed rental; or
(b) Request that the goods be gifted to a suitable person other than the Renter. This is at the discretion of the lessor; or
(c) Return the goods to us in good working order and in good repair (subject to reasonable wear and tear) during ordinary business hours to the place we nominate;
At the end of the Term or upon termination by us under clause 6, the Renter must immediately return the Rented Goods to us in good working order and in good repair (reasonable wear and tear excepted) during ordinary business hours to the place we nominate.
7.2 If the Renter does not return the Rented Goods to us when required, we may take possession of them by giving the Renter 30 days written notice of our intention to do so and the Renter:
(a) Releases us from any liability which we might otherwise have for damage or loss caused by us in retaking possession of the Rented Goods in accordance with this clause; and
(b) Agrees to reimburse us on demand for all costs and reasonable enforcement expenses we incur retaking or attempting to retake possession of the Rented Goods.
7.3 We are not required to provide 30 days’ written notice of our intention to take possession if:
(a) The Term of the agreement has expired;
(b) We believe on reasonable grounds that the Renter has disposed of the Rented Goods or intends to do so;
(c) We have made reasonable attempts to locate the Renter but have been unable to do so;
(d) The Renter is insolvent; or
(e) A Court authorises us to repossess the Rented Goods.
- Entry of Premises
8.1 We will not enter any part of the Premises used for residential purposes for the purpose of exercising our rights, unless a Court has authorised the entry or the occupier of the Premises, after being informed in writing of their rights under the Code, has given consent in writing, in the manner required by the Code.
- Maintenance of the Rented Goods
9.1 The Renter undertakes to maintain the Rented Goods in good order and condition during the Term of this agreement.
9.2 We undertake to maintain and service the Rented Goods and agree to replace any parts of the Rented Goods, excluding batteries, which are faulty.
9.3 The Renter agrees to produce the Rented Goods for inspection, testing, servicing or repair to any person authorised by us and for that purpose to allow such person access to any place where the Rented Goods are kept.
9.4 The obligation to maintain and service the Rented Goods in good working order does not apply if:
(a) The Renter has failed to make a payment which has fallen due under the Rental Agreement;
(b) The Renter has removed the Rented Goods from the Premises without our written consent;
(c) The rented Goods are located at an address other than the Premises address.
- Things the Renter must do
10.1 The Renter must:
(a) Keep the Rented Goods at the Premises or in such other place as we approve;
(b) Seek and obtain our written consent to moving the Rented Goods from the Premises at least 7 days before such event;
(c) Advise us within 7 days of any request of the location of the Rented Goods and, if the Rented Goods are not in the Renter’s possession, give us all information which might assist us in tracing the Rented Goods;
(d) Comply with the manufacturer’s instructions and recommendations relating to the Rented Goods;
(e) Keep the Rented Goods under personal control;
(f) Do everything necessary to protect our rights in relation to the Rented Goods;
(g) Notify us immediately of any seizure or attempted seizure of the Rented Goods;
(h) Immediately inform the police if the Rented Goods are lost or stolen and provide us with a copy of the police report; and
(i) Comply with all laws and regulations relating to the Rented Goods, the use or possession of them, or the premises at which they are kept.
- Things the Renter must not do
11.1 The Renter must not:
(a) Alter the Rented Goods, make any addition to them or install anything in or on them without our written consent;
(b) Use the Rented Goods for any purpose which is unlawful or for which they are not fit, or which in our opinion might endanger the safety or condition of the Rented Goods or prejudice our interest in them;
(c) Install the Rented Goods in any manner that would cause them to become a fixture to land;
(d) Create any lien or other encumbrance over the Rented Goods;
(e) Alter or cover up any insignia, number or mark on the Rented Goods or any identifying plate or mark we may attach to them; or
(f) Assign, encumber or otherwise deal with the Rented Goods or the Renter’s rights under this agreement without our written consent.
12.1 We require The Renter to indemnify us for any loss or damage whilst the Rented Goods are being moved or in transit.
12.2 If the Rented Goods are damaged or lost while in transit and we have received the notice required by clause 11, we agree, as appropriate, to repair at The Renters expense, any damage to the Rented Goods within 30 days of receiving written notice from the Renter of the damage.
- Risk and Indemnities
13.1 The Renter assumes all risks and liability in relation to the Rented Goods and the use and storage of the Rented Goods (including liability for injury to any person or damage to any property, whether direct or consequential).
13.2 The Renter must include the Rented Goods on their Household Contents Insurance Policy. If the Renter does not have a Household Contents Insurance Policy or the Policy lapses the Renter indemnifies us against any loss;
13.3 The Renter indemnifies us against all losses, liabilities and reasonable enforcement expenses incurred by us as a result of:
(a) Loss of or damage to the Rented Goods by any cause (including lawful confiscation but excluding normal wear and tear);
(b) Anything done by or with the Rented Goods; or
(c) The occurrence of any Default Event.
The Renter must pay to us on demand any amount payable under this indemnity.
- Computer Equipment
14.1 The Renter acknowledges that:
(a) All software that is preloaded onto the Computer Equipment is subject to copyright;
(b) We are not the owner of the copyright of that software;
(c) The Renters use of any software that is preloaded is governed by a limited copyright Licence from the owner of the copyright.
(d) If the Renter copies, modifies or transfers the whole or any part of the software without the copyright owners consent you may be in breach of copyright laws and liable to the copyright owner;
(e) The Renter is solely responsible for the supply of any and all consumable items;
(f) The Renter acknowledges and accepts that the use of the Computer Equipment is dependent upon the Renter paying the rent instalments. The Computer may be loaded with a software programme which enables us to deactivate the Computer Equipment if the Renter fails to pay the rent instalments;
(g) A notice will be sent to the Renter advising of the deactivation of the Computer Equipment and informing the Renter of the procedure to reactivate the Computer Equipment;
(h) We may reactivate the Computer Equipment once all rent instalments that are due together with any late payment fees and any other amounts due under this Agreement have been paid and received.
- Fitness Equipment
15.1 The Renter will be supplied with a User Manual on delivery of the Fitness Equipment;
15.2 The Renter should read the User Manual before using the Fitness Equipment and follow any recommendations in that User Manual before starting any exercise on the Fitness Equipment.
15.3 The Renter agrees that they hold us harmless and release us from and indemnify us against any and all claims arising directly or indirectly from any loss, damage, injury, accident or death suffered by The Renter or any other user of the Exercise Equipment.
16.1 The Renter must:
(a) Pay the rent for the Term, in the amounts and at the times stated in the Rental Agreement; and
(b) Pay any other money due under this agreement on demand.
16.2 All payments shall be made at our place of business or to such other person or place as you direct, or, if we agree, by direct debit to our nominated bank account.
16.3 If the Renter fails to pay an instalment of rent by the due date, the Renter shall pay that amount as shown on the Rental Agreement for that breach.
16.4 On each occasion where we or someone authorised to act on our behalf, collects or attempts to collect any instalment(s) of rent unpaid on their due date, by physically visiting the Renter at the Premises, the Renter shall pay that amount as shown on the Rental Agreement.
16.5 It is acknowledged and agreed by the Renter that the instalments of rent have been calculated on the basis that, apart from GST, we are not liable to pay any licence fees, registration fees, taxes, duties, surtaxes, imposts, charges and/or levies in respect of the Rented Goods, this agreement or any payment under this agreement. To the extent that we, by virtue of our title in the Rented Goods or by virtue of this agreement, are in fact liable to pay any of the foregoing, the Renter agrees that it will pay an amount equivalent to any monies paid or payable from time to time by us in respect of any such liability, by way of an additional instalment or an increased instalment as advised by us, to the extent permissible by law.
16.6 The Renter’s obligations to pay the instalments of rent and any other amounts due under this agreement are unconditional for the Term and operate even if the Rented Goods break down, are damaged or destroyed. All payments are to be made without set-off or deduction on any account.
17.1 Any notice or demand to be given by us to the Renter may be delivered to the Renter personally, or by leaving it at, or by sending it by post to, the Premises or by sending it via email (if the Renters have consented to receiving notices via email).
Where there are multiple Renters, any notice or demand will be given to each Renter unless a different arrangement is requested and the law permits it. The Renter agrees to advise us of any change to their address.
18.1 If the Rental Agreement records that a bond has been paid to us upon the signing of this agreement and the Renter has duly complied with all the Renter’s obligations under this agreement, we shall refund the amount of the bond in full to the Renter within 7 days of the expiry of the Term of the agreement and the return of the Rented Goods to us. If the agreement is terminated early by the Renter or by us because of a Default Event, the Renter agrees that the bond is to taken into account in calculating the Recoverable Amount.
19.1 If we decide not to exercise a right, remedy or power, this does not mean we cannot exercise it later. In addition, the termination of this agreement does not affect any rights we have to recover monies including damages from the Renter. The single or partial exercise or waiver by us of any right relating to this agreement will not prevent any other exercise of that right or exercise of any other rights.
19.2 Where there are two or more Renters, each Renter is bound by this agreement jointly and severally.
19.3 Each provision of this agreement is independent of each other provision. Any provision which would otherwise be prohibited or unenforceable in any jurisdiction is, to the extent of the prohibition or unenforceability, deemed removed without invalidating, as far as is possible, the remaining provisions.
19.4 This agreement is governed by the laws of the State or Territory of Australia in which you ordinarily reside when you enter into the agreement and the parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
- Exclusion of liability
20.1 To the extent that the law permits, we give no condition, warranty or representation as to ownership, description, condition, merchantability, suitability or fitness (for a particular or any purpose) of the Rented Goods and no such term, condition or warranty will be implied.
20.2 Our liability for breach of any implied term, condition or warranty which is, by law, unable to be excluded, is limited, where permitted by law, to the replacement of the Rented Goods or the supply of equivalent goods or the repair of the Rented Goods, as determined by us.
- Internal Dispute Resolution Service Complaints
At Rent The Roo, we value our customers.
We will always aim to be fair and responsive. If you have a complaint, you have the right to expect that we will handle it in a friendly and in a professional way. When we receive a complaint, we look on it as valuable feedback that may help us to improve the services we offer and to ensure your needs are met in a satisfactory and appropriate manner.
If you wish to make a complaint, just write to us at the following address:
Rent The Roo Pty Ltd
PO Box 2150 Howrah TAS 7018
Or you can telephone or email Roger Mckenna
Phone: 137 661
We will make all efforts possible to investigate your complaint, and advise you of the outcome as soon as possible within 45days in accordance with the NCCP. If the matter is not resolved to your satisfaction, you can then refer your complaint to the Australian Financial Complaints Authority (AFCA), who can be contacted at:
AFCA Case Management
GPO BOX 3 Melbourne VIC 3001
Phone: 1800 931 678
Form 17 Information Statement
Subsection 175 (1) of the Code regulation 105 of the Regulations
Things you should know about your consumer lease.
This statement tells you about some of the rights and obligations of yourself and your lessor. It does not state the terms and conditions of your lease.
- How can I get details of my lease? Your lessor must give you a copy of your consumer lease with this statement. Both documents must be given to you within 14 days after the lessor enters into the consumer lease, unless you already have a copy of the consumer lease.
If you want another copy of your lease write to your lessor and ask for one. Your lessor may charge you a fee. Your lessor has to give you a copy—
- Within 14 days of your written request if the contract came into existence 1 year or less before your request; or
- Otherwise within 30 days.
- What should my lease tell me?
You should read your lease carefully. Your lease should tell you about your obligations, and include information on matters such as —
- Details of the goods which have been hired; and
- Any amount you have to pay before the goods are delivered; and
- Stamp duty and other government charges you have to pay; and
- Charges you have to pay which are not included in the rental payments; and
- The amount of each rental payment; and
- The date on which the first rental payment is due and either the dates of the other rental payments or the interval between them; and
- The number of rental payments; and
- The total amount of rent; and
- When you can end your lease; and
- What your obligations are (if any) when your lease ends.
This information only has to be included in your lease if it is possible to give it at the relevant times.
If your lease does not tell you all these details, contact your credit provider’s external dispute resolution scheme, or get legal advice, for example from a community legal centre or Legal Aid, as you may have rights against your lessor.
- 3. Can I end my lease early?
Yes. Simply return the goods to your lessor. The goods may be returned in ordinary business hours or at any other time you and the lessor agree on or the court decides.
- What will I have to pay if I end my lease early?
The amount the lease says you have to pay. If you have made rental payments in advance then it is possible that your lessor might owe you money if you return the goods early.
- Can my lease be changed by my lessor?
Yes, but only if your lease says so.
- Is there anything I can do if I think that my lease is unjust?
Yes. You should talk to your lessor. Discuss the matter and see if you can come to some arrangement.
If that is not successful, you may contact your credit provider’s external dispute resolution scheme.
EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO
PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION PROVIDER IS AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY (AFCA), WHO CAN BE CONTACTED AT:
AFCA Case Management
GPO BOX 3 Melbourne VIC 3001
Phone: 1800 931 678
Alternatively, you can go to court. You may also wish to get legal advice, for example from a community legal centre or Legal Aid, and/or make a complaint to ASIC. ASIC can be contacted on 1300 300 630 or through ASIC’s website at http://www.asic.gov.au.
- If my lessor writes asking me where the goods are, do I have to say where they are?
Yes. You have 7 days after receiving your lessor’s request to tell your lessor.
If you do not have the goods you must give your lessor all the information you have so they
can be traced.
- When can my lessor or its agent come into a residence to take possession of the goods?
Your lessor can only do so if it has the court’s approval or the written consent of the
occupier which is given after the occupier is informed in writing of the relevant section in
the National Credit Code.
- What do I do if I cannot make a rental payment?
Get in touch with your lessor immediately. Discuss the matter and see if you can come to some arrangement. You can ask your lessor to change your lease in a number of ways —
- To extend the term of your lease and reduce rental payments; or
- To extend the term of your lease and delay rental payments for a set time; or
• To delay rental payments for a set time.
- What if my lessor and I cannot agree on a suitable arrangement?
If the lessor refuses your request to change the rental payments, you can ask your lessor to review this decision if you think it is wrong. If the lessor still refuses your request, you can complain to the external dispute resolution scheme that your lessor belongs to. Further details about this scheme are set out below in question 12.
- Can my lessor take action against me?
Yes, if you are in default under your lease. But the law says that you cannot be unduly harassed or threatened for rental payments. If you think you are being unduly harassed or threatened, contact your credit provider’s external dispute resolution scheme or ASIC, or get legal advice.
- Do I have any other rights and obligations?
Yes. The law will give you other rights and obligations. You should also READ YOUR LEASE carefully.
IF YOU HAVE ANY DOUBTS, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER’S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE. PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE.
1.1 The information in this document details how we, Rent The Roo Pty Ltd (“Rent The Roo”), comply with the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy Principles in protecting the personal information we hold about you.
1.2 Personal information is any information or opinion about you that is capable, or reasonably capable, of identifying you, whether the information or opinion is true or not and is recorded in material form or not.
1.3 Sensitive information includes such things as your racial or ethnic origin, political opinions or membership of political associations, religious or philosophical beliefs, membership of a professional or trade association or trade union, sexual orientation or criminal record, that is also personal information. Your health, genetic and biometric information and biometric templates are also sensitive information.
1.4 We will act to protect your personal and sensitive information in accordance with the Australian Privacy Principles and the Privacy Act 1988.
1.5 We collect personal and/or sensitive information to provide you with the products and services you request as well as information on other products and services offered by or through us. The law requires us to collect personal and/or sensitive information.
1.6 Your personal and/or sensitive information may be used by us to administer our products and services, for prudential and risk management purposes and, unless you tell us otherwise, to provide you with related marketing information. We also use the information we hold to help detect and prevent illegal activity. We cooperate with police and other enforcement bodies as required or allowed by law.
1.7 We disclose relevant personal information to external organisations that help us provide services. These organisations are bound by confidentiality arrangements. They may include overseas organisations.
1.8 You can seek access to the personal information we hold about you. If the information we hold about you is inaccurate, incomplete, or outdated, please inform us so that we can correct it. If we deny access to your personal information, we will let you know why. For example, we may give an explanation of a commercially sensitive decision, or give you access to the information through a mutually agreed intermediary, rather than direct access to evaluative information connected with it.
SECTION B – COLLECTION OF PERSONAL INFORMATION
- Why we collect information
2.1 We collect personal information when it is reasonably necessary for one or more of our functions or activities.
2.2 These include:
(a) providing customers with the products and services they request and, unless they tell us otherwise, to provide information on products and services offered by us and external product and service providers for whom we act as agent. (If you have provided us with your email or mobile phone details, we may provide information to you electronically with respect to those products and services);
(b) complying with our legal obligations;
(c) monitoring and evaluating products and services;
(d) gathering and aggregating information for statistical, prudential, actuarial and research purpose;
(e) assisting customers with queries; and
(f) taking measures to detect and prevent frauds.
3. Information we may collect
3.1 The personal and sensitive information we collect generally consists of name, address, date of birth, gender, marital status, occupation, account details, contact details (including telephone, facsimile and e-mail) and financial information.
3.2 If you are applying for credit we may also collect the number and ages of your dependants, the length of time at your current address, your employer’s name and contact details, the length of your employment, proof of earnings and, if you have changed employer in the last few years, details of your previous employment. We use this information to assist in making responsible credit decisions.
3.3 In addition, we will obtain your consent to collect, use and disclose credit information about you.
3.4 We are required by law to identify you if you are opening a new account or adding a new signatory to an existing account. Anti-money laundering laws require us to sight and record details of certain documents (i.e. photographic and non-photographic documents) in order to meet the standards set under those laws.
3.5 Where it is necessary to do so, we also collect information on individuals such as:
(c) company directors and officers;
(d) officers of co-operatives and associations;
(e) customer’s agents;
(f) beneficial owners of a client; and
(g) persons dealing with us on a “one-off” basis.
3.6 We may take steps to verify the information we collect; for example, a birth certificate provided as identification may be verified with records held by the Registry of Births, Deaths and Marriages to protect against impersonation, or we may verify with an employer that employment and remuneration information provided in an application for credit is accurate.
- How we collect the information
4.1 We only collect personal information about you directly from you (rather than someone else) unless it is unreasonable or impracticable to do so or you have instructed us to liaise with someone else.
- Information collected from someone else
5.1 If it is impracticable or unreasonable for us to collect the personal information directly from you, we may collect such information from agents, or from your family members or friends. If you are not aware that we have collected the personal information, we will notify you of collection and the circumstances of collection, if we consider it is reasonable to do so.
5.2 The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Anti- Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) require us to collect certain identification information about you. We will collect personal information from third parties in respect of AML/CTF checks which are required to be carried out, under AML/CTF Legislation.
- Incomplete or inaccurate information
6.1 We may not be able to provide you with the products or services you are seeking if you provide incomplete or inaccurate information.
7.1 In most cases, before or at the time of collecting your personal information, we will obtain your consent to the purposes for which we intend to use and disclose your personal information.
7.2 If you don’t give us consent, we may not be able to provide you with the
products or services you want. This is because we are required to collect this information to provide you advice.
- Withdrawing consent
8.1 Having provided consent, you are able to withdraw it at any time. To withdraw consent, please contact our office. Please note that withdrawing your consent may lead to us no longer being able to provide you with the product or service you enjoy given that, as mentioned above, it is impracticable for us to treat some customers differently.
- Sensitive information
9.1 In addition to the above conditions of collecting personal information, we will only collect sensitive information about you if we obtain prior consent to the collection of the information or if the collection is required or authorised by law.
- Dealing with unsolicited personal information
10.1 If we receive personal information that is not solicited by us, we will only retain it, if we determine that it is reasonably necessary for one or more of our functions or activities and that you have consented to the information being collected or given the absence of your consent that it was impracticable or unreasonable for us to obtain it under the circumstances.
10.2 If these conditions are not met, we will destroy or de-identify the information.
10.3 If such unsolicited information is sensitive information we will obtain your consent to retain it regardless of what the circumstances are.
SECTION D – INTEGRITY OF YOUR PERSONAL INFORMATION
- Quality of personal information
11.1 We ensure that the personal information we collect and use or disclose is accurate, up to date, complete and relevant.
11.2 Please contact us if any of the details you have provided to us change or if you believe that the information we have about you is not accurate or up to date.
11.3 We may also take steps to update personal information we hold, for example, an address, by collecting personal information from publicly available sources such as telephone directories or electoral rolls.
- Security of personal information
12.1 We are committed to ensure that we protect any personal information we hold from misuse, interference, loss, unauthorised access, modification and disclosure.
12.2 For this purpose we have a range of practices and policies in place to provide a robust security environment. We ensure the on-going adequacy of these measures by regularly reviewing them.
12.3 Our security measures include, but are not limited to:
(a) educating our staff as to their obligations with regard to your personal information;
(b) requiring our staff to use passwords when accessing our systems;
(c) employing firewalls, intrusion detection systems and virus scanning tools to protect against unauthorised persons and viruses from entering our systems;
(d) providing secure storage for physical records; and
(e) employing physical and electronic means such as alarms, cameras and guards (as required) to protect against unauthorised access to buildings.
12.4 Where information we hold is identified as no longer needed for any purpose we ensure it is effectively and securely destroyed, for example, by shredding or pulping in the case of paper records or by degaussing
(demagnetism of the medium using alternating electric currents) and other means in the case of electronic records and equipment.
SECTION E – USE OR DISCLOSURE OF PERSONAL INFORMATION
- Use or Disclosure
13.1 If we hold personal information about you that was collected for a particular purpose (“the primary purpose”), we will not use or disclose the information for another purpose (“the secondary purpose”) unless:
(a) We have obtained your consent to use or disclose the information; or
(b) you would reasonably expect us to use or disclose the information for the secondary purpose and the secondary purpose is:
(i) if the information is sensitive – directly related to the primary purpose; or
(ii) if the information is not sensitive – related to the primary purpose;
(c) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(d) a permitted general situation exists in relation to the use or disclosure of the information by us; or
(e) a permitted health situation exists in relation to the use or disclosure of the information by us, in which case we will de-identify the information before disclosing it; or
(f) we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
13.2 Where we use or disclose personal information in accordance with section 13(1)(e) we will keep a copy of this disclosure (e.g.: the email or letter used to do so).
- Who we may communicate with
14.1 Depending on the product or service you have, the entities we exchange your information with include but are not limited to:
(a) brokers and agents who refer your business to us;
(b) affiliated product and service providers and external product and service providers for whom we act as agent (so that they may provide you with the product or service you seek or in which you have expressed an interest);
(c) any person acting on your behalf, including your solicitor, settlement agent, accountant, executor, administrator, trustee, guardian or attorney;
(d) your referee (to confirm details about you);
(e) if required or authorised to do so, regulatory bodies and government agencies;
(f) credit reporting agencies;
(g) insurers, including proposed insurers and insurance reference agencies (where we are considering whether to accept a proposal of insurance from you and, if so, on what terms);
(h) other financial institutions and organisations at their request if you seek credit from them (so that they may assess whether to offer you credit);
(i) investors, advisers, trustees and ratings agencies where credit facilities and receivables are pooled and sold (securitised);
(j) other organisations who in conjunction with us provide products and services (so that they may provide their products and services to you); and
(k) professional associations or organisations with whom we conduct an affinity relationship (to verify your membership of those associations or organisations).
14.2 Our use or disclosure of personal information may not be limited to the examples above.
15.1 We disclose personal information when we outsource certain functions, including bulk mailing, card and cheque book production, market research, direct marketing, statement production, debt recovery and information technology support. We also seek expert help from time to time to help us improve our systems, products and services.
15.2 We use banking agents, for example, local businesses, to help provide you with face-to- face banking services. These agents collect personal information on our behalf.
15.3 In all circumstances where personal information may become known to our contractors, agents and outsourced service providers, there are confidentiality arrangements in place. Contractors, agents and outsourced service providers are not able to use or disclose personal information for any purposes other than our own.
15.4 We take our obligations to protect customer information very seriously we make every effort to deal only with parties who share and demonstrate the same attitude.
- Disclosure required by law
16.1 We may be required to disclose customer information by law e.g. under Court Orders or Statutory Notices pursuant to taxation or social security laws or under laws relating to sanctions, anti-money laundering or counter terrorism financing.
SECTION F – DIRECT MARKETING
- Direct marketing
17.1 We will only use or disclose the personal information we hold about you for the purpose of direct marketing if we have received the information from you and you have not requested not to receive such information.
17.2 Direct marketing means that we should use your personal information to provide you with information on our products and services that may interest you.
17.3 If you wish to opt-out of receiving marketing information altogether, you can:
(a) call us on 03 6244 6069; or
(b) write to us at email@example.com.
SECTION G – CROSS BORDER DISCLOSURE OF PERSONAL INFORMATION
- Disclosing personal information to cross border recipients
18.1 We will only disclose your personal information to a recipient who is not in Australia and who is not our entity after we ensure that:
(a) the overseas recipient does not breach the Australian Privacy Principles; or
(b) you will be able to access to take action to enforce the protection of a law or binding scheme that has the effect of protecting the information in a way that is at least substantially similar to the way in which the Australian Privacy Principles protect the information; or
(c) you have consented to the disclosure after we expressly you that there is no guarantee that the overseas recipient will not breach the Australian Privacy Principles; or
(d) the disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(e) a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) Privacy Act) exists in relation to the disclosure of the information.
SECTION H – ADOPTION, USE OR DISCLOSURE OF GOVERNMENT IDENTIFIERS
- Adoption of government related identifiers
19.1 We will not adopt a government related identifier of an individual as our own identifier unless required or authorised to do so by or under an Australian law, regulation or court/tribunal order.
- Use or disclosure of government related identifiers
20.1 Before using or disclosing a government related identifier of an individual, we will ensure that such use or disclosure is:
(a) reasonably necessary for us to verify your identity for the purposes of our activities or functions; or
(b) reasonably necessary for us to fulfil its obligations to a government agency or a State or Territory authority; or
(c) required or authorised by or under an Australian law, regulation or a court/tribunal order; or
(d) within a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) Privacy Act); or
(e) reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
SECTION I – ACCESS TO PERSONAL INFORMATION
21.1 You can request us to provide you with access to the personal information we hold about you.
21.2 Requests for access to limited amounts of personal information, such as checking to see what address or telephone number we have recorded, can generally be handled over the telephone.
21.3 If you would like to request access to more substantial amounts of personal information such as details of what is recorded in your account file, we will require you to complete and sign a “Request for Access to Personal Information” form.
21.4 Following receipt of your request, we will provide you with an estimate of the access charge and confirm that you want to proceed.
21.5 We will not charge you for making the request for access.
21.6 We will respond to your request as soon as possible and in the manner requested by you. We will endeavour to comply with your request within 14 days of its receipt but, if that deadline cannot be met owing to exceptional circumstances, your request will be dealt with within 30 days. It will help us provide access if you can tell us what you are looking for.
21.7 Your identity will be confirmed before access is provided.
22.1 In particular circumstances we are permitted by law to deny your request for access, or limit the access we provide. We will let you know why your request is denied or limited if this is the case. For example, we may give an explanation of a commercially sensitive decision rather than direct access to evaluative information connected with it.
- Refusal to give access and other means of access
23.1 If we refuse to give access to the personal information or to give access in the manner requested by you, we will give you a written notice setting out the reasons for the refusal, the mechanisms available to complain and any other relevant matter.
23.2 Additionally, we will endeavour to give access in a way that meets both yours and our needs.
- Access to a credit report about you
24.1 You have the right to ask for a copy of any credit report we have obtained about you from a credit-reporting agency. However, as we may not have retained a copy after we have used it in accordance with Part IIIA of the Privacy Act the best means of obtaining an up-to-date copy is to get in touch with the credit-reporting agency direct.
24.2 You have a right to have any inaccuracies corrected or, if there is any dispute as to accuracy, to have a note added to your credit reporting agency file explaining your position.
24.3 If we decline your credit application wholly or partly because of adverse information on your credit report, the Privacy Act, requires us to tell you of that fact and how you can go about getting a copy of your credit report.
24.4 The major credit-reporting agency in Australia is Equifax, https://www.equifax.com.au/. As the largest agency, it is likely that it will be Equifax that you will need to contact in relation to access to an up-to-date copy of your credit report and any correction of information on your file. You can contact Equifax at https://www.equifax.com.au/contact.
SECTION J – CORRECTION OF PERSONAL INFORMATION
25.1 We will correct all personal information that we believe to be inaccurate, out of date, incomplete, irrelevant or misleading given the purpose for which that information is held or if you request us to correct the information.
25.2 If we correct your personal information that we previously disclosed to another APP entity you can request us to notify the other APP entity of the correction. Following such a request, we will give that notification unless it is impracticable or unlawful to do so.
- Refusal to correct information
26.1 If we refuse to correct the personal information as requested by you, we will give you a written notice setting out the reasons for the refusal, the mechanisms available to complain and any other relevant matter.
- Request to associate a statement
27.1 If we refuse to correct the personal information as requested by you, you can request us to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. We will then associate the statement in such a way that will make the statement apparent to users of the information.
SECTION K – CONTACT US AND COMPLAINTS
28.1 If you have any questions or would like further information about our privacy and information handling practices, please contact us by:
(a) Email: firstname.lastname@example.org; or (b) Phone: 03 6244 6069; or
(c) Post: The Privacy Officer, PO Box 2150, Howrah TAS 7018.
- Making a privacy complaint
29.1 We offer a free internal complaint resolution scheme to all of our customers. Should you have a privacy complaint, please contact us to discuss your concerns.
29.2 You will also have free access to an external dispute resolution scheme in which we are member.
29.3 To assist us in helping you, we ask you to follow a simple three-step process:
(a) Gather all supporting documents relating to the complaint.
(b) Contact us and we will review your situation and if possible resolve your complaint immediately.
(c) If the matter is not resolved to your satisfaction, please contact our Complaints Officer on 03 6244 6069 or put your complaint in writing and send it to Rent The Roo at The Privacy Officer, PO Box 2150, Howrah TAS 7018.
29.4 If you are still not satisfied, we will advise you about the external dispute resolution avenues available to you.