Privacy Statement Electronic communication
This statement describes how Finkey Capital Pty Ltd ABN 37 662 168 916 an authorised holder of Australian Credit Licence no.550288, will collect, use, handle and disclose your personal information in connection with a financing or credit application or loan account with Finkey or account/onboarding with Finkey’s Customer-Vendor Portal.
It also describes the matters to which you consent to apply to be a borrower or an accredited organisation of Finkey, using a loan facility with us or enquiring and becoming a Finkey Network Vendor.
Collection and use of your personal information
You agree that personal information collected by us may be collected, held and used by us to process an application to become a member of the scheme, a request made on your behalf, for a quote for credit, for assessing you as an applicant or a guarantor for a credit facility with us (0% Green Plan or Green Loan), and/or for managing any credit facility subsequently provided. In addition, you agree that your personal information may be collected, held and used for:
- correspondence with you and contractors in relation to the credit facility;
- managing your credit facility with us and executing your instructions;
- managing your Finkey Finance account and our relationship with you;
- complying with legislative and regulatory requirements;
- for internal processes (including risk management and pricing);
- collecting overdue payments;
- provision of custodial services by the Custodian to Plenti Pty Limited; and
- Where a credit facility is sought in connection with the Empowering Homes Program, to facilitate the installation of a solar battery system or for monitoring the performance of that Program
- Where a Home Battery Subsidy application or credit facility is sought in connection with the South Australia Home Battery Scheme, for the purposes of facilitating the payment of any such subsidy or for administering that Scheme; and
- marketing our services and understanding services you may be interested in receiving.
You can ask us not to contact you about products and services and not to disclose your information to others by emailing us at email@example.com.
We may collect information about you from a person who has referred you to us or who has, on your behalf, submitted a request for a quote for credit or an application for a credit facility from us.
We additionally collect information about your installed solar, battery, wind or other renewable energy generation system from the Vendor (installer, supplier or manufacturer) of the relevant product.
We may collect information about you from a business that provides information about commercial creditworthiness to assess a credit application, even if it is an application for consumer credit.
We may also collect biometric information directly from you or a third party, such as a photograph of your face, to verify your identity as part of your credit application.
We may obtain a consumer credit report about you from a credit reporting body (CRB), even if the application is for commercial credit:
- to assess the application; and
- for the purpose of collecting overdue payments.
We may collect information about you such as your creditworthiness and credit history from credit providers named in the credit application or in any consumer credit report about you.
We may not be able to process the credit application without the information requested.
We may, on your behalf, collect information about you such as your creditworthiness and credit history from a CRB for the purpose of seeking a quote for the cost of credit from a credit provider.
We are required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006(Cth) and the National Consumer Credit Protection Act 2009 (Cth) to ascertain and verify a prospective borrower’s financial situation.
Unless you tell us not to, by accepting the terms of this statement, you consent to us using your personal information (including information collected from others) to advertise or promote products, services, or business or investment opportunities we think may interest you, including by:
- contacting you by telephone (notwithstanding registration at any time of your telephone number on the Do Not Call Register) or writing to you; and
- sending commercial electronic messages to any electronic address which you provide or for which you are responsible (and in that regard, you warrant that you have authority, either as or on behalf of the electronic account holder, to provide this consent and agree that until you withdraw your consent by providing written notice to us or using an unsubscribe facility in the message, we may continue to send commercial electronic messages to those addresses).
Disclosure of your personal information: general
You agree that we may disclose personal information collected about you in the following circumstances:
- to other persons (for example, your employers and referees) to verify that it is correct;
- to our external service providers and contractors (such as any mail house, the Custodian, commercial agent, consultants, or entities that help us to verify your identity or identify illegal activities and prevent fraud) on confidential terms;
- to the Government of New South Wales or their appointed advisors or auditors in respect of any Quote Record or application for credit in respect of the Empowering Homes Program;
- to the Government of South Australia or their appointed advisors or auditors in respect of any Quote Record, Home Battery Subsidy application or application for credit;
- to our related entities, assignees, agents and external advisers;
- to the related entities of the Custodian;
- to any other person we consider necessary to execute your instructions;
- to any financial institution to or from which a payment is made in relation to any account you have or operate;
- other credit providers and financial institutions;
- to any other person who has referred you to us or who has, on your behalf, submitted a request for a quote for credit or an application for a credit facility to us;
- to debt collection agencies for the purposes of collecting overdue payments;
- to organisations involved in an actual or proposed transfer or sale of our assets or business; and
- in accordance with any consent you give or where disclosure is authorised or compelled by law (for example, to law enforcement, regulatory, government and dispute resolution bodies).
Exchange of your sensitive information
In some cases, sensitive information may be collected for specific purposes (for example, information regarding your health to enable the assessment of a hardship relief application, or a photograph of your face to verify your identity).
You understand that references in this Privacy Statement to personal information include sensitive information such as your medical and health-related details or photograph of your face, and you agree that we may exchange such information with other parties listed in this Privacy Statement for the purpose of assessing or processing credit applications and may seek further information from any medical attendant consulted by you.
Exchange of your personal information with credit reporting bodies
If you ask or provide consent to Finkey Capital Pty Ltd to obtain, on your behalf, your credit history for the purposes of obtaining a quote for credit or your purpose to act as a guarantor in relation to an application for credit you agree that we may give a CRB your personal information including but not limited to:
- your full name, including any known aliases, your sex and your date of birth;
- your most recent three addresses;
- the name of your current or last known employer;
- your driver’s licence number;
- your businesses’ ABN or ACN number;
- details of any payment default amount of over $150;
- the fact that you have applied for credit and the amount;
- the fact that we are a current credit provider to you;
- details of payments which are more than 60 days overdue where debt collection action has commenced;
- advice that payments are no longer overdue;
- the fact that the credit we provide has been paid or discharged;
- that in certain circumstances, you have committed fraud or other serious credit infringement; and
- repayment history information for a 2-year period.
The CRBs we use are:
To assist in verifying your identity for the Anti-Money Laundering and Counter-Terrorism Act 2006 (Cth), we may use a CRB to provide an assessment of whether personal information you have provided matches (in whole or in part) personal data contained in a credit information file in the possession or control of the CRB.
In verifying your identity, the CRB may prepare and provide Finkey Capital Pty Ltd and its related body corporates or subsidiaries with such an assessment and may use your personal information, including the names, residential addresses and dates of birth contained in credit information files of you and other individuals to prepare such an assessment.
CRBs may include information that we provide in reports to other credit providers to assist them in assessing your creditworthiness.
You can ask a CRB not to use or disclose credit information it holds about you for 21 days (called a “ban period”) without your consent if you believe on reasonable grounds that you have been or are likely to be a victim of fraud, including identity fraud.
As a credit applicant, you agree to us accessing your personal information (including consumer credit information) held with a CRB, even if there is a ban period in place, to assess an application for credit or to collect overdue payments.
CRBs may use credit information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a CRB not to do this. However, as a credit applicant or member applicant, you may still receive direct marketing from us (unless you ask us not to) that has not been “pre-screened”.
Exchange of your personal information with credit providers
If you are a credit applicant, you agree that we may disclose information about you (including your creditworthiness or credit history) to other credit providers to assess an application by you for credit, to notify them of a default by you and to inform other credit providers who allege you are in default with them. You also agree that we may disclose your information to any person reasonably necessary for that person taking an assignment of any contract the lender has with you
If you share someone else’s information, like a joint-applicant, you must let them know that you are providing their information to us, and share our contact details, the reason for providing their information, the fact that we have collected personal information from you, and this Privacy Statement and Electronic Communication Consent.
Sharing your information:
With wholesale funders and investors
If you are or plan to become a credit applicant. In that case, you agree that we may disclose information, including but not limited to your financial circumstances, creditworthiness and credit history, to any individual or organisation who offers to guarantee or has provided us with wholesale funding to guarantee the credit that is extended to you.
With renewable energy manufacturers, suppliers or distributors and utility companies
Suppose you are successful for credit or have an account with us. In that case, you agree that we may disclose information about the purpose of your finances to renewable energy manufacturers, suppliers, distributors, energy utility (power, water, grid) companies, or their third parties for developing partnerships and supply arrangements with our Vendor network, engaging in and developing programs and incentives.
With government agencies
Suppose you are successful for credit or have an account with us. In that case, you agree that we may disclose information about the purpose of your finances to the government to inquire or apply for government schemes, including grants and programs, where we would need to demonstrate how and to whom we lend credit.
Overseas partners and third parties
We work with service providers and third parties in Australia and store and hold your information on secure web servers in Australia for at least seven years. You agree that we can share your personal information with service providers and third parties outside of Australia, as such, your information may be transferred to countries with different data protection laws than Australia.
All products and services provided by Finkey Capital are fully digital with electronic communication only.
If you provide us with an email address or mobile phone number, you consent to us using them to send you notices and reminders. Paper documents may no longer be given, but there may be some documents which we are legally required to give you in hard copy. Electronic communications must be regularly checked for notices from us. To protect your privacy, you should nominate an email address and/or mobile phone number accessible only by you rather than, for example, one that is accessible by your work colleagues or family members. Your consent to giving documents by electronic communication may be withdrawn at any time.
You have the right to access and seek correction of the personal information we and the Custodian hold about you, and our respective privacy policies contain information about how you may do this, how you may make a complaint about a breach of your privacy rights, and how complaints are handled.
You can also contact us by emailing us on firstname.lastname@example.org or calling us on 1300 346 539.
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