Personal and Credit Information Privacy Act

PERSONAL AND CREDIT INFORMATION PRIVACY ACT 1988 (AS AMENDED)

AUTHORISATION TO ACT ON BEHALF OF INDIVIDUALS AND MANAGE PERSONAL INFORMATION

 

I/We appoint F & I Management Pty Ltd A.B.N. 58 074 537036, A.C.L. 378 293 and its associated entities, and any authorised credit representatives it has

appointed to assist in providing services to me/us as my/our agents to arrange, and assist in the management of, finance and/or insurance facilities as detailed in Section 5 hereof.

In this document:

•    the term “finance” refers to any form of financial accommodation including, but not limited to, loans, leases, rentals or hiring.

•    The term “insurance” refers to any form of insurance facility including, but not limited to, motor vehicle comprehensive, loan protection, equity protection (“gap”), title, or mechanical breakdown warranty.

If the purpose of the application is to arrange insurance facilities only, then sections 1,2 and 3 will not apply.

1.  ACKNOWLEDGEMENT OF DISCLOSURE OF CREDIT INFORMATION TO A CREDIT REPORTING AGENCY

I/We agree that under Section 18E(8)(c) of the Privacy Act, a Credit Provider which  F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives may approach in arranging my/our finance (hereinafter an “Approached Credit Provider”), may give a credit reporting agency certain personal information about my/our application for finance.

The information which may be given to an agency is covered by Section 18E(1) of the Act and includes:

•    Such permitted particulars about me/us which allow me/us to be identified;

•    The fact that I/we have applied for finance and the amount;

•    The fact that the Credit Provider is a current credit provider to me/us;

•    Payments which become overdue more than 60 days, and for which collection action has commenced;

•    Advice that payments are no longer overdue;

•    Certain cheques drawn by me/us which have been dishonoured more than once;

•    In specific circumstances, that in the opinion of the Credit Provider, I/we have committed a serious credit infringement;

•     That finance provided to me/us by the Credit Provider has been paid or otherwise discharged.

By virtue of this declaration, I/we understand that F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives have informed me/us of the disclosure policy to a credit reporting agency of information about me/us by Approached Credit Providers and so authorise such disclosures.

2.  AGREEMENT / AUTHORITY FOR AN APPROACHED CREDIT PROVIDER TO PERFORM CERTAIN PERMITTED ACTIONS CONCERNING A FINANCE

APPLICATION OR TRANSACTION

I/We agree that, if it is considered relevant in assessing my/our application for personal credit, an Approached Credit Provider may obtain a report about my/our commercial activities or commercial credit worthiness from a business which provides information about the commercial credit worthiness of persons.

I/We agree that, if it is considered relevant in assessing my/our application for commercial credit, an Approached Credit Provider may obtain from a credit reporting agency a credit report containing personal credit information about me/us.

I/We agree that an Approached Credit Provider may give to and seek from any credit providers named in the accompanying finance application, and any credit providers that may be named in a personal or commercial credit report issued by a credit reporting agency or commercial credit reporting agency respectively, information about my/our personal or commercial credit arrangements. I/We understand that this information can include any information about me/our credit worthiness, credit standing, credit history or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act.

I/We agree that an Approached Credit Provider may obtain information from my current and previous employers.

3.  AUTHORISATION TO ACT ON BEHALF OF INDIVIDUALS

For the purposes of arranging the finance which is the subject of my/our application, the details of which appear below, I/we authorise Westcorp Capital and Contractors to obtain, on my/our behalf, a report about my/our consumer and commercial credit worthiness from a credit reporting agency or a commercial credit reporting business or from a credit provider named in my/our application or referred to in such reports.

I/We also authorise F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives to pass on the above obtained reports to such Approached Credit Providers as are appropriate, for their consideration of this application.

4.  COLLECTION AND MANAGEMENT OF PERSONAL INFORMATION

I/We acknowledge and agree that:

a) it is necessary for F & I Management Pty Ltd and authorised credit representatives to collect personal information regarding me/us from both ourselves and other parties, to enable F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives to apply, on my/our behalf, for the finance and insurance facilities requested. I/We understand that if I/we do not provide the information then F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives will not be able to seek the requested facilities from Approached Credit Providers and Insurers.

b) the information collected may be disclosed to, and used by, F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, Approached Credit Providers and Insurers to the degree that each entity considers reasonable and necessary in considering and arranging the requested facilities.

c) F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, Approached Credit Providers and Insurers may provide information collected as above to any parties (such as referees, employers etc) named in the application to the extent they deem necessary to assist in assessing and arranging the requested facilities.

d) F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives may retain the information obtained and, at its discretion, provide to me/us, from time to time information about F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, products and services. The provision of this information may be by telephone, mail or electronic media (such as e-mail).

If such information is not required then I/We understand that this provision may be cancelled by deleting and initialling this clause or by later advising  F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives IN WRITING, at its Head Office of 6/205 Alexander Rd, Belmont, WA 6104.

e) F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives may disclose relevant parts of my/our personal information to third parties it engages, to assist in the provision of its services to me/us including mailing houses and IT contractors.

f)  The appointment provided herein is an ongoing one and if an Approached Credit Provider or Insurer has, as a result of an application on my/our behalf by F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, provided facilities to me/us then that Credit Provider or Insurer is authorised to provide information to F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives from time to time relating to the subsequent conduct of the facility.

g) I/We can gain access to the personal information I/we have provided, or obtain more information on the F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives Privacy Policy, by contacting F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives at any branch or at the Head Office at 6/205 Alexander Rd, Belmont, WA 6104.

5.   FACILITIES SOUGHT

Purpose: To arrange Finance and/or Insurance Facilities

 

6.   EXECUTION

I/we acknowledge that I/we have read and fully understand the contents of this document. I/We also warrant that the personal information provided by me/us in our application is true and correct and understand that F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives will be relying on the integrity of same in seeking to arrange the facilities required.

I/we declare that I/we are not bankrupt

 

7.   GUARANTOR PARTIES AGREEMENT

I/We agree that the Approached Credit Provider may seek a credit report concerning me/us from a credit reporting agency to assess whether to accept me/us as a guarantor of the finance commitments for the above-named Applicant Parties (Section 18K(1)(c)).

I/We also agree to F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, Approached Credit Providers and Insurers collecting, retaining, disclosing and using my/our personal information to the degree and for the purposes described in paragraphs 4 and 5 above.

I/We understand that I/we can obtain access to the personal information I/we have provided as described in paragraph 4(f) above.

 

FURTHER AUTHORISATION AND CONSENTS – THESE CLAUSES ARE ONLY OPERATIVE WHEN COMPLETED AND SIGNED BY ALL PARTIES

AUTHORISATION TO PROVIDE PERSONAL INFORMATION TO A THIRD PARTY

I/We agree that F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives may also disclose to the undermentioned third party personal information which it has received about me/us relating to the progress and ultimate decision by the Approached Credit and/or Insurance Provider/s on my finance and/or insurance application. Such information may include:

•    The type of facilities which are being considered and/or offered by the Approached Credit and/or Insurance Providers

•    The actual decision on the application/s by the Approached Credit and/or Insurance Providers.

•    The reasons supporting any decisions made by the Approached Credit and/or Insurance Providers, including such personal information as may have been obtained by F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives and/or the Approached Credit and/or Insurance

Providers that have, in the opinion of F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives, had any influence on the decision made by the Providers.

In providing this authority, I/we acknowledge that F & I Management Pty Ltd, and it’s associated entities and any authorised credit representatives have no control over the personal information once it is passed to the third party, and consequently can not be held responsible or liable in any way for the use or misuse of the  information by the third party.

 

The Third Party:

The third party is the supplier of the goods being purchased.

This consent extends to employees, servants and agents of the above-nominated Third Party.

 

 

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