AFS - Privacy Consent

Privacy Consent

By signing that you give consent under the ‘Privacy Consent’, you consent to us and our Related Bodies Corporate collecting, using, holding and disclosing personal and credit information about you. You can find out more about how we deal with your privacy by viewing our Privacy Policy at: https://www.afs.com.au/privacy-policy.

1. Purposes of Collecting Information

Automotive Financial Services Pty Limited ABN 73 003 622 375, Australian credit licence 383762 and its Related Bodies Corporate (together "AFS") may collect, use, hold and disclose your personal and credit information about you (or a guarantor) for the purposes of:

assessing the application for finance and the guarantee and any related insurance proposal;
arranging and managing the finance, insurance and other services that are provided to you;
conducting audits, credit analysis, research, risk management and portfolio analysis;
developing new products and services;
complying with applicable laws both in Australia and overseas, including (without limitation):
- the National Consumer Credit Protection Act 2009 (Cth); and
- the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
direct marketing of products and services by us;
managing our relationship with you;
improving our level of service including responding to inquiries and complaints;
developing our expertise and know-how; and
training and quality assurance.

You acknowledge that:

if you do not provide this information or consent to its collection, use and disclosure, AFS may not be able to process the application for finance;
if you provide this information to AFS, the Credit Reporting Information held by a Credit Reporting Body will be updated using this information and your information may be disclosed or exchanged with other credit providers and other parties; and
AFS is required to collect certain personal information about you under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

You may be required to provide personal information about other third parties (e.g. your spouse, a joint account holder or dependents).

If you supply AFS with personal information about any third party (such as a referee, spouse or dependents), you undertake to have obtained the necessary consents from that third party and have informed that third party of the purpose for disclosure.

2. Exchanging Personal Information with Credit Reporting Bodies

AFS may disclose your personal information to Credit Reporting Bodies to obtain additional personal information about you. These may include the following Credit Reporting Bodies (without limitation):

Equifax Pty Ltd - equifax.com.au;
Illion Pty Ltd - illion.com.au;
Experian - experian.com.au.

Where you are applying for credit (whether commercial or consumer credit), you consent to AFS obtaining from a Credit Reporting Body your Credit Reporting Information or information about your credit worthiness for the purposes of assessing your application or collecting payments that are overdue in relation to any credit provided by AFS.

Where you are applying to be guarantor in relation to credit we provide to another person (the “Credit Applicant”), you consent to AFS obtaining from a Credit Reporting Body your Credit Reporting Information or information about your commercial and consumer credit worthiness for the purpose of assessing whether to accept you as guarantor.

When you apply for credit with us, we may collect personal information about you, including information that we are likely to disclose to a credit reporting body. In compliance with the Privacy Act 1988 (Cth) and the Privacy (Credit Reporting) Code 2024, we notify you of the following:

if we make an information request to a credit reporting body regarding your creditworthiness:
- your consent is not required for this disclosure;
- a record of the information request may be used by the credit reporting body or other credit providers to assess your creditworthiness, including in calculating a credit score or credit rating; and
- such an information request may have an impact on your credit score or credit rating, which is determined by the credit reporting body;
the credit reporting body may include the information we provide in reports that assist other credit providers in assessing your creditworthiness;
if you fail to meet your payment obligations concerning consumer credit or commit a serious credit infringement, we may be entitled to disclose this information to a credit reporting body;
you may obtain copies of:
- our policy on the management of credit-related personal information, available www.afs.com.au; and
- the credit reporting body’s policy on the management of credit-related personal information, which is available directly from the credit reporting body;
you have the right to:
- access the credit-related information we hold about you;
- request corrections to any incorrect credit-related information; and
- make a complaint to us if you believe we have mismanaged your credit-related personal information;
you can also request that the credit reporting body:
- does not use your credit reporting information for pre-screening of direct marketing by credit providers; and
- does not use or disclose your credit reporting information if you believe you are or are likely to be a victim of fraud.

3. Exchanging Personal Information with Other Credit Providers

You consent to AFS disclosing Credit Eligibility Information about you to another credit provider for the purposes of:

notifying a default by you;
allowing another credit provider to ascertain the status of your finance arrangements with AFS where you are in default with one or more other credit providers; and
where you are applying to be guarantor, assessing whether to accept you as guarantor for a Credit Applicant.

You consent to AFS obtaining and using personal information about you from another credit provider for the purposes of:

AFS assessing your application for credit;
AFS generally assessing your credit worthiness, credit standing, credit history or credit capacity, the status of the finance and any default by you; and
where you are applying to be guarantor, AFS assessing whether to accept you as guarantor for a Credit Applicant.

4. Exchanging Personal Information with Other Parties

We may be required to share your personal and credit information with the following types of entities, some of which may be located overseas (including New Zealand and Philippines);

Finance brokers, mortgage managers, and persons who assist us to provide our products to you;
Financial consultants, accountants, lawyers and advisers;
Mortgage insurers;
Any industry body, tribunal, court or otherwise in connection with any complaint regarding the approval or management of your loan – for example if a complaint is lodged about us or the lender;
Third parties, including but not limited to its subsidiaries;
Businesses assisting us with funding for loans;
Trade insurers;
Any person, where you have provided your consent;
Any person who proposes to guarantee or has guaranteed repayment of any credit provided to you;
Any person where we are required by law to do so;
Any of our associates, related entities or contractors, including but not limited to Go Car Finance Limited (a Related Body Corporate based in New Zealand), Money3 Loans Pty Ltd and Solvar Limited;
Your referees, such as your employer, or listed contacts to verify information you have provided;
Any person considering acquiring an interest in our business or assets; or
Any organisation providing online verification of your identity.

You consent to AFS:

disclosing your personal information to, and collecting personal information about, you from:
- the sources disclosed in your application for finance (such as referees, your past and present employers, your past and present landlords, your next of kin, and any person acting on your behalf such as your car or finance broker);
- any guarantor or proposed guarantor of the application for finance,
disclosing your personal information to, and collecting personal information about you from, Related Bodies Corporate, referrers, suppliers of goods, insurance product providers and AFS' agents, contractors and external advisers, mercantile agents, collection agencies, funders, trustees and related service providers that assist in the processing of your application and the management of your credit for the purposes set out above;
disclosing your personal information to and collecting personal information from government authorities (e.g. tax authorities in Australia and overseas) in connection with their lawful information requests or to meet legal obligations in any relevant jurisdiction;
disclosing your personal information to, and collecting personal information about you from public sources for the purposes set out above;
disclosing Credit Eligibility Information about you where AFS has provided credit to you or you have applied to AFS for credit and the disclosure is to a person for the purpose of that person considering whether to offer to act as guarantor in relation to the credit or to offer property as security for the credit and that person has an Australian link;
disclosing Credit Eligibility Information about you where the disclosure is to a person who is a guarantor in relation to credit provided by AFS to you or the person has provided property as security for the credit and that person has an Australian link;
disclosing your personal information (other than Credit Eligibility Information) to an overseas recipient, located in New Zealand. You giving this consent means that we do not need to take such steps to ensure that recipient does not breach the Australian Privacy Principles and if that overseas recipient handles the information in breach of the Australian Privacy Principles, we will not be accountable for that breach and you will not be able to seek redress under the Privacy Act 1988 (Cth). You also acknowledge that even where you do not provide us with your consent to this, we may still disclose personal information about you to the overseas recipient. However, in those circumstances, we will do so in accordance with our obligations under the Privacy Act 1988 (Cth). By signing this form below, you consent to this disclosure of your personal information to overseas recipients; and
collecting information about you including your Health Information (please see our Privacy Policy) or information about your citizenship or country of birth, membership of a professional or trade association, membership of a trade union, criminal record or information about you where you are a politically exposed person under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and using or disclosing that information as necessary where you have applied for a product that requires that information.
disclosing your personal information to the issuer of the identification document (the “Official Record Holder”) via the use of third-party systems to have your identity information verified.

5. Anti-Money Laundering and Counter-Terrorism Financing

You acknowledge that in order for AFS to verify your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 in connection with this application:

AFS may disclose any or all of the following Personal Information to a Credit Reporting Body:
your name;
your residential address;
your date of birth; and
AFS may request a Credit Reporting Body to provide an assessment of whether the Personal Information disclosed matches (in whole or part) Personal Information contained in Credit Reporting Information about you in the possession or control of the Credit Reporting Body (the Assessment); and
the Credit Reporting Body may prepare and provide to AFS the Assessment and may use the Personal Information about you and the names, residential addresses and dates of birth contained in Credit Reporting Information of other individuals, for the purpose of preparing the Assessment; and
you consent to AFS making the above request to a Credit Reporting Body and the disclosure of your Personal Information.

Notwithstanding the terms of any consent given in this Privacy Consent, nothing in this Privacy Consent permits AFS to use or disclose Credit Eligibility Information other than in accordance with the requirements of the Privacy Act 1988.

6. Marketing

You agree that AFS may disclose your personal information to its Related Bodies Corporate and that AFS and the Related Bodies Corporate may use and disclose this personal information for product development and research and to inform you about products and services in the future including for direct marketing by AFS and Related Bodies Corporate or by other organisations.

AFS and its Related Bodies Corporate will not send you information about products and services if you so request by contacting AFS through the contact details set out below. If you choose not to opt now, you can always do so later using the same contact details.

7. Privacy Policy

You understand that you may obtain a copy of AFS’ Privacy Policy by calling 1800 688 995 or by visiting AFS’ website at www.afs.com.au.

You undertake to have informed any third party whose personal information you have disclosed to AFS about the AFS Privacy Policy and how that third party may obtain a copy of it.

AFS’ privacy policy sets out how it manages personal information, Credit Information and Credit Eligibility Information. It contains information on how you may:

access personal information or Credit Eligibility Information about you that is held by AFS and request the correction of personal information, Credit Eligibility Information and Credit Information that AFS holds about you; and
make a complaint about a breach of the Australian Privacy Principles, Division 3 of Part IIIA of the Privacy Act or the Credit Reporting Code of Conduct with respect to personal information, Credit Information or Credit Eligibility Information and how AFS will deal with your complaint.

You understand that each AFS website, contains a statement (set out in AFS' Privacy Policy) about credit reporting, including information about the Credit Reporting Bodies to which AFS may provide your personal information and that they may include your personal information in reports they provide to other credit providers and how:

You may obtain a copy of the policies about the management of credit related personal information of the Credit Reporting Bodies or AFS;
if you fail to meet your payment obligations or commit a serious credit infringement, AFS may be entitled to disclose this to the Credit Reporting Body; and
You have a right to request Credit Reporting Bodies not to use your Credit Reporting Information for the purposes of pre-screening of direct marketing and to not to use or disclose such information if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.

You can request to have this statement available in an alternative form - such as hard copy.

8. Electronic Communications Consent (ECC)

You consent to AFS giving information to you by way of electronic communication. You nominate and authorise AFS to act on instructions sent electronically by you. You understand that this consent and authority will apply to all communications permitted to take place electronically by law, including but not limited to:

notices and disclosure documents about your credit application such as a Credit Guide or a copy of your assessment;
financial services disclosures such as a Financial Services Guide;
credit contract documents or variations to the credit contract; and
notices from AFS to you.

You understand that AFS will rely on this consent to communicate with you by:

electronic mail ("email") to the email address(es) noted above;
in the case of notices or documents required under the National Consumer Credit Protection Act 2009 (Cth) (including the National Credit Code, by making the notice or other document available for a reasonable period on AFS's information system for retrieval by you and promptly notifying you by electronic communication that the notice or other document is available for retrieval on the system and the nature of the notice or other document;
in the case of notices or documents required under Chapter 7 of the Corporations Act 2001 (Cth), making a notice available for you to access on AFS's website, subject to also sending you an email with a hyperlink to the disclosure or a written (paper or electronic) notice with a reference to the website address where the disclosure can be found;
any other method of electronic communication permitted by law.

By giving this consent, you acknowledge AFS may no longer send you notices or other documents in paper form.

You undertake to:

check electronic communications, including your emails, regularly for notices and other communication from AFS;
ensure your email address remains current (or as otherwise notified to AFS); and
ensure emails from AFS are not blocked.

You understand AFS relies on you to keep your nominated e-mail or physical (street) address details up-to-date and to notify AFS when they change.

You understand that the provision of electronic documents does not alter your obligations under any terms and conditions of any credit contract you have with AFS and that we should print and save a copy of any notice or other document provided to you electronically. You confirm that you are responsible for ensuring that you maintain the appropriate software and hardware, including printer, to be able to access, view, retrieve, print and save a copy of any documents provided to you by electronic communications.

You understand that your consent to the giving of documents by electronic communication may be withdrawn at any time. You can go back to receiving paper notices and other documents, delivered by post to your nominated street address, by notifying AFS in writing withdrawing this ECC.

9. Declaration

You solemnly and sincerely declare that you have read and understood this Privacy Consent and agree to AFS and its Related Bodies Corporate collecting, using and disclosing personal information about you in accordance with the provisions of this Consent. You acknowledge that if you do not wish to give any of the consents set out in this Privacy Consent form, you can indicate this by striking out the relevant consent above and acknowledge that, if you do so, AFS may not be able to process the application for finance.

How to Contact Us

In accordance with the Privacy Act, requests for access to and correction of personal information can be made using the contact details below:

Addressee: Privacy Officer
Phone: 1800 688 995
Fax: (07) 3290 1587
Writing: Automotive Financial Services Pty Limited, GPO Box 443, Brisbane QLD 4001
Email: privacy@afs.com.au

10. Definitions

For the purposes of this Consent:

Credit Reporting Information about an individual means Credit Information, or CRB Derived Information, about the individual.

Credit Eligibility Information about an individual means:

Credit Reporting Information about the individual that was disclosed to a credit provider by a Credit Reporting Body; or
CP Derived Information about the individual.

CP Derived Information is personal information about you that:

that is derived from Credit Information or CRB Derived Information about you that was disclosed to a credit provider by a Credit Reporting Body; and
that has any bearing on your credit worthiness; and
that is used, has been used or could be used in establishing your eligibility for consumer credit.

Credit Reporting Body means an organisation or an agency prescribed under the Privacy Act that carries on a business or undertaking that involves collecting, holding, using or disclosing personal information about individuals for the purposes of, or for purposes including the purpose of, providing an entity with information about the credit worthiness of an individual.

CRB Derived Information about an individual means any personal information about an individual:

that is derived by Credit Reporting Body from Credit Information about an individual that is held by the Credit Reporting Body; and
that has any bearing on that individual's credit worthiness; and
that is used, has been used or could be used in establishing that individual's eligibility for consumer credit.

Credit Information about an individual is personal information that is:

identification information about the individual;
consumer credit liability information about the individual;
repayment history information about the individual;
a statement that an information request has been made about an individual by a credit provider, mortgage insurer or trade insurer;
the type of consumer credit or commercial credit, and the amount of credit, sought in an application:
that has been made by the individual to a credit provider; and
in connection with which the provider has made an information request in relation to the individual;
default information about the individual;
payment information about the individual;
new arrangement information about the individual;
court proceedings information about the individual;
personal insolvency information about the individual;
publicly available information about the individual:
that relates to the individual's activities in Australia or the external Territories and the individual’s credit worthiness; and
that is not court proceedings information about the individual or information about the individual that is entered or recorded on the National Personal Insolvency Index; or
the opinion of a credit provider that the individual has committed, in circumstances specified by the provider, a serious credit infringement in relation to consumer credit provided by the provider to the individual.

Health Information means:

information or an opinion about:
the health or a disability (at any time) of an individual; or
an individual’s expressed wishes about the future provision of health services to him or her; or
a health service provided, or to be provided, to an individual that is also personal information; or
other personal information collected to provide, or in providing, a health service; or
other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or
genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.

Official Record Holder means the Australian Federal Government and different state government agencies which issue legal identity documents or hold the Verification Information.

Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable:

whether the information or opinion is true or not; and
whether the information or opinion is recorded in a material form or not; and
includes "sensitive information" (as defined in the Privacy Act).

Related Body Corporate has the same meaning as defined in the Corporations Act 2001 (Cth).

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