1. How this Policy operates
Mitchcap is committed to protecting the privacy of the personal information we hold. We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).
We may also deal with personal information as a credit provider within the meaning of the Privacy Act, and for that purpose this Policy constitutes our Credit Policy. In dealing with credit eligibility information, we are committed to comply with the Privacy (Credit Reporting) Code 2014 (Version 2).
2. The kinds of Personal Information we collect
We only collect personal information (as defined in the Privacy Act, being information that identifies or could reasonably identify an individual) where we consider it to be reasonably necessary for our business functions or activities. The kinds of personal information we collect may include:
· your name, date of birth, age and occupation
· your postal address, email address and telephone number
· information about your transactions with us
· your IP address
· insurance, credit card and other banking details
· credit eligibility information such as information about your credit history, payments, credit reports, defaults and previous credit applications; and
· your job title & your employer.
3. How we collect your personal information
We will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so.
The circumstances in which we directly collect personal information will vary depending on the nature of the interaction. Some common ways we collect personal information directly from you are:
· when you or your employer provide information in the course of business dealings with us
· when you visit our office or attend a meeting or conference with us
· when we correspond with you by email, telephone, face to face or through our website
· when you apply for a position with us
· when you provide details on a form or contract with us, for example as a customer, contact person, credit applicant, authorized representative or guarantor
· when you participate in a promotion, competition, promotional activity, survey, market research, subscribe to our mailing list or interact or follow our social media pages
· as you navigate our website or use a mobile application to interact with us
· in the course of trade shows, promotions, displays, site or showroom visits or like events
· in a webform or paper based form such as registration forms, competition entries and surveys.
We may also collect your personal information from third parties and public sources including:
· your employer or another entity who is required to provide personal information to us in the course of our relationship with them;
· legal representatives and professional advisers
· direct marketing database providers
· Our business partners, associates and related companies
· credit reporting agencies, referees, guarantors and your associated entities
· social media; and
· phone directories, web pages, membership lists, trade publications and directories, online search engines, professional and trade associations, ASIC, bankruptcy or court registry searches.
4. Using your personal information
We collect your personal information so that we can use it for our reasonable business purposes and provide products and services to you. The uses include:
· providing you or your organization with proposals or quotes
· processing orders you or your organization place with us
· administering and responding to your enquiry or feedback about our services
· conducting, and allowing you to participate in, a promotion, competition, promotional activity, survey or market research
· promoting and marketing current and future services to you, informing you of upcoming events and special promotions and offers
· analysing our products and services so as to improve and develop new products and services
· compilation and maintenance of contact lists for use by us, our related bodies corporate and business partners and associates
· facilitating our internal business operations, including fulfilment of any financial, legal and regulatory requirements
· managing and improving the operation or navigation of our websites
· to provide the service you have requested; and
· other purposes directly related to our work and for which you have provided consent.
5. Disclosing your personal information
We may use and disclose personal information to third parties for the same purposes as are set out in paragraph 4 above. Organisations to which we may disclose your personal information include:
· as required by law, government bodies such as the ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts
· professional or government organisations
· credit reporting bodies including CreditorWatch (contactable at www.creditorwatch.com.au )
· Our related bodies corporate, business partners and associates
· service providers we use to operate our business such as:
· information technology and platform providers
· finance companies, distributors and equipment suppliers
· marketing and communications agencies
· mailing houses, freight and courier services
· printers & distributors of marketing material; and
· advisers such as accountants, business analysts, recruiters, auditors & lawyers.
6. Do you have to provide personal information?
You can refuse to provide personal information. A refusal may mean that we are unable to provide the service you or your organization has asked for, for example if we propose to do a credit assessment on you or the organization, and we are unable to complete the credit assessment.
7. Cookies and website use
To improve our services, we sometimes collect de-identified information from web users. Although the information collected does not identify an individual, it does provide us with useful statistics that permits us to analyse and improve its web services.
When you visit our website, a record of your visit is logged and the following data is supplied by your browser:
· your IP address and/or domain name
· your operating system (type of browser & platform)
· the date, time and length of your visit; and
· the resources you accessed or downloaded.
We use this information only to customize information for website visitors and to collect aggregated data for the purposes of analysis, quality control, administering and improving the website.
Aggregated data may be shared with third parties. You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
8. Direct Marketing
If we hold your personal information, we may use or disclose that information (other than sensitive information) for direct marketing if:
· you would reasonably expect us to use or disclose the information for that purpose; and
· we provided you with a simple way to opt out of receiving direct marketing from us; and
· you have not made such an opt out request.
Whenever we send you marketing material, we will always inform you how you can opt out of our mailing list. We will implement your request free of charge within a reasonable time.
9. Protecting your personal information
We store information in different ways, including paper and electronic form. We take reasonable steps to protect it from misuse, interference, loss, unauthorised access, human error, modification or disclosure including:
· secure password protected databases for storage
· confidentiality requirements of staff
· security for access to our systems including firewalls
· document storage security requirements
· access controls for our building; and
· limiting the provision of personal information to third parties on a need to know basis, and subject to commitments from them that are similar to the commitments we make in this Policy.
We cannot guarantee that personal information will be protected against unauthorized access or misuse and we do not accept any liability for human error or the improper actions of unauthorized third parties.
We will retain your personal information for as long as necessary to fulfil our obligations to you, to protect our legal interests, or to comply with Australian law.
Once those reasons for retaining your personal information no longer apply, we will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
10. Disclosing your personal information overseas
We may disclose your personal information to third parties operating outside Australia who are a related body corporate, or work with us or are a supplier, agent, or partner. Overseas countries to which we currently send information are the United Kingdom.
We may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
11. Using and disclosing credit-related information
When we collect information about you, directly or indirectly, in relation to a credit assessment:
· we may disclose that information to a credit reporting body (CRB) such as CreditorWatch
· the CRB may include the information in reports provided to us and other credit providers, to assist them to assess your credit worthiness
· if you fail to meet payment obligations in relation to consumer credit or you commit a serious credit infringement, we may disclose this to the CRB
· you may request CRBs not to use their credit reporting information for the purposes of pre-screening of direct marketing by us; and
· you may request the CRB not to use or disclose credit reporting information about you, if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.
You have the option of not identifying yourself or using a pseudonym when dealing with us provided that is it lawful and practicable.
We will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
· we are required or authorised by or by law or a court/tribunal order to deal with individuals who have identified themselves; or
· it is impracticable for us to deal with individuals who have not identified themselves.
13. Accessing your personal information
You have the right, upon request, to access any of our records containing your personal information and credit eligibility information. To request access please contact our privacy officer. We will respond to your request within a reasonable period of time. On the basis that it is reasonable and practicable to do so, we will give you access to the information requested.
If we refuse your request, we will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.
14. Help us keep your personal information accurate
We will take reasonable steps to ensure our records of personal information and credit eligibility information are accurate, up to date and complete. If you think there is something wrong with the information we hold about you please contact our privacy officer to let us know if there are any errors and keep us up-to-date with any changes, and we will try to correct your information.
We will respond to your request to correct your information free of charge and in a reasonable period of time. If we refuse your request, we will provide you with a written notice setting out the:
· reasons for the refusal; and
· mechanisms available to complain about the refusal.
If we refuse to correct your information, you may request that we associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. We will take reasonable steps to make the statement visible to users of your information.
If we correct your information and we have previously disclosed it to a third party, upon your request, we will notify that third party of the correction unless it is impracticable or unlawful to do so.
15. Resolving your privacy issues
If you have any issues you wish to discuss with us or if you’re concerned about how we have collected or managed your personal information or complied with the Credit Reporting Code, please contact the privacy officer.
For information about privacy or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
Our privacy officer can be contacted at:
· Email: Paul Mitchell on firstname.lastname@example.org
· Telephone: 02 4258 3620
Post: Level 2, 65 Market Street, Wollongong, NSW, 2500.
Last Updated: November 2019