AUCTION CLUB PRIVACY & PROTECTION OF INFORMATION
STATEMENT AND DECLARATION
The Commonwealth Privacy Act 1988, the Privacy Amendment (Private Sector) Act 2000 and the Privacy Amendment Act 2004, with the associated National Privacy Principles, empower and regulate Auction Club in its collection of information about you, and from any publicly available sources of information (“personal information”). These Acts also regulate the use of such information.
Use of Information
Auction Club collects personal information and credit information only for the following purposes:
- to assess any application you make to become an Auction Club member;
- to communicate with you in regard to marketing and promotional activities;
- to notify you in the event you win an auction; and
- to efficiently manage and administer all services we provide to you.
Your personal information is only obtained and stored as required, by Auction Club employees, professional advisers, contractors and other service providers, to facilitate the above purposes. Auction Club will not sell, rent or trade your personal information.
We assume that any referral to third parties that you may give us, in order to obtain 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 our contacting them.
National Privacy Principles
Auction Club adopts and endorses the National Privacy Principles:
- We collect personal information only as is necessary for our business activities;
- We do not use or disclose personal information for any purpose other than the primary purpose of collection of such information;
- We do not seek, or keep information as to our Consumer’s political beliefs, religious persuasions, sexual activity and orientation and/or health;
- We undertake all reasonable steps to ensure that the personal information collected, used or disclosed, is accurate, complete and up to date. Consumers are under an obligation to be truthful and correct and to inform Auction Club of any changes to information provided, which occur during the Promissory Note period or Loan Contract period;
- We take reasonable steps to protect the personal information we hold from misuse, or loss, and from unauthorised access, modification or disclosure. We take reasonable steps to destroy, or permanently de-identify any personal information we no longer require;
- Consumers have continuing access to personal information about them which is held by Auction Club. Incorrect or inaccurate information will always be corrected when we become aware that it is incorrect or inaccurate. On request, a Consumer will be provided with a copy of his/her/their documentation;
- Auction Club does not adopt any identifier assigned by a Commonwealth Government agency;
- Auction Club acquires all Consumer information by lawful and fair means and not in an unreasonably intrusive way;
- Auction Club does not engage in speculative data collection;
- Auction Club does not make its Consumer lists available to third parties;
- Auction Club always prescribes exactly to whom any information may be provided and in what circumstances. Such being, usually, limited to Auction Club personnel for processing and administration purposes, and to authorised personnel working for credit reporting agencies and for appointed solicitors and/or debt collection agencies, in the event of a default.
- Auction Club will always fully cooperate and provide information, concerning Consumers, where such is required by State or Commonwealth law.
Information Disclosure to Other Organisations
Under Section 18N(1)(b) and 18N(1)(g), Privacy Act 1988, we may disclose your personal information to:
- our external service providers and their agents who provide business services to us, on a confidential basis, only for the purpose of our business;
- any court or tribunal as may be required by law.
The information disclosed to the above is limited to (if applicable):
- identity particulars - your name, sex, address (and previous two addresses), date of birth, name of employer and drivers’ licence number;
- your application for funds - the fact that you have applied for funds and the amount;
- the fact that Auction Club is a current provider of funds, or a current credit assistance provider to you;
- the fact that a third party funds provider, introduced to you by Auction Club, has provided funds to you;
- payments which are overdue and for which debt collection has been instigated;
- advice that your payments are no longer overdue, in respect of any default that has been listed;
- information that, in the opinion of Auction Club, you have committed a serious infringement (i.e. you have been fraudulent or shown an intention not to comply with your payment obligations);
- dishonoured cheques - cheques drawn by you for $100 or more, which have been dishonoured more than once;
- Direct Debit transactions that have been dishonoured;
- payments due from your employer, or other nominated third party on your behalf, have not been made in accordance with your credit contract; and
- that funds provided to you by Auction Club, or other third party provider, have been paid or otherwise discharged.
Period to which this understanding applies -
- This information may be given before, during or after the term of the provision of funds.
Information Disclosure in the Event of a Default
In the event of any breach of the Auction Club terms and conditions resulting in Auction Club suffering loss or damage, any information you have provided may be made available to personnel employed by solicitors and/or debt collection agencies authorised by Auction Club, to assist in the process of recovery of the loss or damage incurred, plus all associated fees and charges (if any) and all legal and administrative costs incurred, following the default.
Concerns and Complaints
If you have any privacy issues during the period in which funds have been advanced to you, please contact The Privacy Director, Auction Club Pty Ltd, Email: firstname.lastname@example.org postal address, PO Box 1858. Broadbeach. QLD. 4218, or Fax: 1300 765 608
Communications made under The Electronic Transactions Act 1999 (Cth) and the SPAM Act 2003 (Cth).
You are informed that the Electronic Transactions Act and the SPAM Act requires that, before Auction Club can communicate with you electronically (email, fax, SMS), or send you any “commercial electronic message”, you have to give Auction Club permission to communicate with you in that way.
For speed and convenience, it is preferable for both parties to communicate with each other using such electronic means (where possible).
Accordingly, we seek your permission to:
- electronically format and send you the information that we are obliged to provide under the National Consumer Credit Protection Act 2009 and associated Regulations;
- send you electronic messages, rather than providing paper copies.
You are informed that, in giving this permission, you are agreeing to:
- use the relevant computer programs and have sufficient internet capacity to interact with Auction Club’ system;
- regularly check your email Inbox and/or fax machine and/or SMS Inbox;
- not blame Auction Club if any properly sent electronic message does not reach you; and
- notify Auction Club of any changes to your electronic addresses, and absolve Auction Club from any liability if you fail to do so.
We also advise you that you can withdraw your permission for the above at any time, provided you give Auction Club 24 hours notice, confirming your current address and contact details.