Privacy Policy

NewFarm AgriFinance collects information about you for the purposes set out in our Privacy Declaration and/or KYC Privacy Declaration (as applicable) and this Privacy Policy. When you sign our Privacy Declaration and/or KYC Privacy Declaration (as applicable), you agree we can, consistently with Australia’s privacy and/or credit reporting laws (as applicable), collect, use and exchange credit-related and personal information about you for those purposes.

This Privacy Policy also includes information about your rights in relation to credit-related information, including access and correction, and what can happen if we provide information about you to a credit reporting body (CRB).

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and we comply with all of the Act’s requirements in respect of the collection, use and disclosure of your personal information. This Privacy Policy applies to information collected by any of the companies within the NewFarm AgriFinance group of companies. A reference to “NewFarm” or “we” or “us” in this Policy refers to the relevant company which has collected the information. The NewFarm AgriFinance group of companies refers to NewFarm AgriFinance Pty Ltd ACN 661 901 328, and any other company which from time to time may form part of the group.

Types of information collected

We collect credit-related and personal information (information) about you for the purpose of commercial credit for business. This information may include, but is not limited to, your credit worthiness, credit standing, and credit history or credit capacity. In this Privacy Policy, credit-related information also includes credit information, credit eligibility information and credit provider (CP) derived information as those terms are defined in the Act.

We may collect the following types of credit-related information:

  1. identification information about you (which generally includes your name, date of birth, gender, current and previous addresses, the name of your current employer and drivers licence information);
  2. credit liability information about you;
  3. repayment history information;
  4. a statement that an information request has been made about you by a credit provider, mortgage insurer or tradeinsurer;
  5. the type of credit, and the amount of credit, sought in an application;
  6. court proceedings information about you;
  7. personal insolvency information about you. This may include information relating to whether you are a bankrupt or subject to a debt agreement proposal or a debt agreement or a personal insolvency agreement executed by you;
  8. new arrangement information about you (for example, where a debt that you owe has been varied because it was overdue);
  9. default information concerning a payment owed by you as a borrower or as a guarantor in connection with credit that remains overdue for more than 60 days;
  10. payment information about you including publicly available information as to your credit worthiness; and
  11. an opinion by a credit provider that you have committed a serious credit infringement in relation to consumer credit provided by the credit provider to

We may collect the following personal information about you: name, address and contact details, age or birth date, profession, occupation or job title, identification information such as drivers licence information, property addresses, title searches but may also include financial details such as bank account details, credit card details, and GST numbers. We may also collect the personal information that you provide to us directly through our websites or indirectly through use of our websites or online presence, or through our customer representatives or customer surveys.

If you apply for credit, then we may also obtain information from CRBs and other credit providers or from your nominated references regarding your creditworthiness. If we obtain credit-related information about you from a CRB, we may derive information from it that has a bearing on your credit-worthiness or could be used in establishing your eligibility for credit. This may include information such as credit scores and assessments which we generate from the information that we receive.

If there is another applicant named in a credit application, you may need to provide their personal information, and you warrant that the other applicant has consented to the collection of their personal information and has authorised you to provide it for the purposes for which it is being collected.

If you do not provide the information sought we may be unable to process your application, a guarantor’s application or the company’s application, or we may be limited in the other services we can offer you or the company.

Collecting information

We will collect credit-related and personal information from you in several ways. We may collect information directly from you or indirectly from businesses that provide information about the commercial credit worthiness of persons and credit reporting bodies. We may collect information from any authorised persons as set out in your Privacy Declaration and/or KYC Privacy Declaration (as applicable).

We will collect information from you (or from your authorised representative) when you and we communicate with each other. This may occur when you provide information to us by telephone, in person or in documentation such as an application form (which may be an online application). We also collect information when you make a request or enquiry of us.

We may also collect your information from third parties when we need information for our business functions, to determine whether to offer you credit, products or services or whether to accept you as a guarantor. Depending on the circumstances, those third parties could include:

  1. your co-applicant (with your consent);
  2. third parties such as a referee provided by your employers, your accountant, banks, landlords, guarantors, financial advisers or government authorities with whom you have had dealings;
  3. publicly available sources;
  4. a CRB;
  5. an identification services provider; and
  6. other credit

In some circumstances we are also required to collect information in accordance with:

  1. the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), which may require us to collect personal information about you when verifying your identity;
  2. the Personal Property Securities Act 2009 (Cth), under which we may need to collect personal information about you to record a security interest on the Personal Property Securities Register; and
  3. any other applicable

Cookies

In some cases, we may also collect your personal information through the use of cookies. When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also enables us to keep track of products or services you view so that, if you consent, we can send you news about those products or services. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users’ habits so that we can improve our online products and services. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

Holding information

We hold your personal and credit-related information in client electronic drives and hard copies on client files. We understand the importance of protecting your personal information and take steps to ensure your personal information is free from misuse, interference, modification loss or unauthorised access. We may need to retain parts of your information after our relationship has ended. However, we will not retain identifiable personal information longer than reasonably necessary and as permitted by law.

Purposes of collecting, using and disclosing information

We collect, hold, use and disclose your personal information for the following purposes:

  1. to perform our ‘know your customer’ compliance checks to verify your identity and other details;
  2. to assess an application by you for credit, or your guarantor application, or the credit application of a company of which you are a director;
  3. to assist you avoid defaulting on your credit obligations;
  4. to assess your creditworthiness to provide credit or to provide products and services to you on credit terms;
  5. to administer and manage your credit arrangement and record security interests on the Personal Property Securities Register;
  6. to provide products and services to you and to send communications requested by you;
  7. to answer enquiries and provide information or advice about existing and new products or services;
  8. to provide you with access to protected areas of our website;
  9. to assess the performance of the website and to improve the operation of the website;
  10. to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
  11. for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of the NewFarm AgriFinance group of companies and its contractors or service providers;
  12. to update our records and keep your contact details up to date;
  13. if you have applied for a position with us, to evaluate your application;
  14. to process and respond to any complaint made by you; and
  15. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co- operation with any governmental authority of any

We collect, hold, use and disclose your credit-related information for the following purposes:

  1. to enable us to develop, administer and manage our services and businesses;
  2. to manage the products we provide, as well as your account with us;
  3. to engage a CRB to conduct a credit and reference check;
  4. to assess and monitor your creditworthiness;
  5. for billing purposes and collection of debts;
  6. to provide information to CRBs as permitted by law;
  7. to advise credit providers of the status of your agreement with us, in circumstances where you are in default with credit providers;
  8. to deal with complaints;
  9. to enforce our rights when you are in breach, including debt recovery and other enforcement; and
  10. complying with the law as authorised or as The information we obtain from you is used and disclosed, subject to compliance with Australia’s privacy and credit reporting laws, only for the purposes listed and to the persons described in this Privacy Policy and in our Privacy Declaration and/or KYC Privacy Declaration (as applicable) and is not disclosed to any other person except with your permission or as permitted, or required, by law.

Disclosure

We may disclose your personal information to:

  1. our related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors and professional advisors such as accountants, solicitors, business advisors and consultants;
  2. suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
  3. other third parties that provide services to us (or to you on our behalf). These might include debt collectors, credit management agencies and other third parties that process applications for credit made to us;
  4. CRBs as described in more detail below;
  5. other credit providers which provide, or are considering providing, credit to you; and
  6. any organisation for any authorised purpose with your express

We may combine or share any information that we collect from you with information collected by any of our related bodies corporate.

Disclosing your information to CRBs

Under the Privacy Act, credit providers can disclose certain information about your credit history to CRBs including Equifax (https://www.equifax.com.au/) for the purposes of obtaining a credit report about you or to allow the CRB to maintain a credit information file about you. NewFarm AgriFinance participates in credit reporting so that NewFarm AgriFinance is able to obtain information to make better and more informed decisions about providing credit to parties. The Privacy Act restricts the purpose for which credit providers can access and use information that is held by CRBs.

NewFarm AgriFinance may disclose the following credit-related information about you to CRBs:

  1. that NewFarm AgriFinance provides you credit;
  2. the type of credit you hold;
  3. the amount of credit provided to you;
  4. the terms and conditions of your credit; and
  5. when your credit account is opened and

We may also disclose how you repay your credit. If you fail to make repayments on your credit or you default on your obligations or commit a serious credit infringement, NewFarm AgriFinance may report this information to a CRB. Equally, NewFarm AgriFinance will inform a credit reporting body if you make repayments on time or if you have corrected a default. The CRB may include the information in reports provided to credit providers to assist them to assess your credit worthiness.

Each CRB has a policy about the management of credit-related information. You can get a copy of the relevant CRB’s policy by contacting the relevant CRB.

By signing the Privacy Declaration, KYC Privacy Declaration (as applicable) and/or master financing documentation in connection with financial accommodation that NewFarm AgriFinance may provide to you, you agree that we may disclose and exchange your personal information and credit-related information to CRBs as set out in this Privacy Policy.

Your rights under the Privacy Act in relation to credit-related information

You are entitled to:

  1. opt out of direct marketing pre-screenings: CRBs often use credit information to assist credit providers to market their products and services. If you do not want the CRB to use your credit information in this manner, the Privacy Act gives you the right to request you be excluded from being contacted;
  2. request non-disclosure where you believe you have been, or are likely, a victim of fraud: if you believe that you are a victim of fraud, or are likely to be a victim of fraud, then you are entitled, under the Privacy Act, to request that the CRB not use or disclose any of your credit information;
    • obtain the CRB’s policy about the management of credit-related information by contacting the CRB;
    • access credit-related information that we hold about you from us, to request us to correct the information, and to make a complaint to us;
    • request a CRB not to use credit-related information about you for the purposes of pre-screening of direct marketing by a credit provider; and
    • request the CRB not to use or disclose credit-related information about you if you believe on reasonable grounds that you have been or are likely to be a victim of

Disclosure of your personal information to recipients outside Australia

We may disclose personal information to our related bodies corporate and third-party suppliers and service providers located overseas for some of the purposes listed above.

We may disclose your personal information (including credit-related information) to entities located outside of Australia, including our data hosting and other IT service providers in the USA, UK and European Union who may store data in these countries.

We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

Direct marketing materials

We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.

We do not provide your personal information to other organisations for the purposes of direct marketing.

Accessing and correcting your personal information

You may request access to any personal information we hold about you at any time by contacting us (see the details below), including credit-related information that we hold about you. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. If you request that we correct any credit-related information about you and we cannot respond to your correction request without consulting with other credit providers or CRBs in relation to your request, we may do so and these bodies are permitted by law to assist us in resolving your correction request. If we do correct your credit-related information at your request, we will inform you and each other credit provider and CRB to which we have previously disclosed that information that we have corrected your information. Where we disclosed your credit-related information after you made a complaint but before it was resolved, we will tell the recipient that you have made such a complaint and we will subsequently inform that entity of the outcome of your correction request.

Complaints

If you believe that your privacy has been breached or that we have not complied with any of our obligations in related to your credit- related information, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it. We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints and any complaints should be directed to our Privacy Officer using the contact details below. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process. After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view. If your complaint remains unresolved you may refer the matter to the Office of the Australian Information Commissioner (the “OAIC”). The contact details for the OAIC are: The Office of the Australian Information Commissioner GPO Box 5218 Sydney NSW 2001 Phone: 1300 363 992 Website: www.oaic.gov.au

Links

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third-party website and we are not responsible for the privacy policies or the content of any third party website. The operators of third-party websites are responsible for informing you about their own privacy practices.

Authorisation

By signing the Privacy Declaration, KYC Privacy Declaration and/or master financing documentation in connection with financial accommodation that NewFarm AgriFinance may provide to you (as applicable), you are agreeing that we may collect, use and disclose your personal information and credit-related information as described in this Privacy Policy.

Availability

Copies of this Privacy Policy are available upon request. It is also available on our website at www.newfarmagrifinance.com.au.

Future changes

NewFarm AgriFinance reserves the right to change its Privacy Policy at any time and shall provide you with an updated copy upon request.

Contact us

E: info@newfarmcapital.com.au