PRIVACY ACT – AUTHORISATION AND NOTIFICATION

“Document”, “Customer” and “Guarantor’s” have the same meaning given to them in Managem’s Terms and Conditions.

The Customer and the Guarantor’s hereby authorise and direct Managem including its employees, contractors, agents and authorised representatives as follows in relation to all of their personal information:

The Privacy Act 1988 (Cth) regulates the way in which personal information about customers can be used by certain recipients of that information.

Purpose of Collection and Use

Certain personal information is required to enable Managem to:

  • assess the Customer’s and/or a Guarantor’s credit worthiness or net assets position including to and from a credit reporting agency in order to collect credit report about you or commercial credit worthiness or financial capacity including:
  • particulars about you which allow you to be identified;
  • the fact that credit has been previously sought;
  • the fact that you are a current credit provider;
  • payments that become overdue, and for which collection action has commenced;
  • advice that payments are no longer overdue;
  • any serious credit infringement;
  • advice that credit provided, paid or otherwise discharged.
  • administering insurance claims, recovering any money owed to Managem, maintaining the value and protecting any assets provided as security for any obligations under the Document and for use in connection with the outsourcing of any of Managem’s functions;
  • assist the Customer and/or a Guarantor’s to avoid defaulting on its contractual obligations;
  • identify and send to the Customer and/or a Guarantor’s any information about Managem’s other related products or services that may be of interest to the Customer and/or Guarantor’s;
  • to effectively maintain, repair and improve the Equipment provided to the Customer under the Document;
  • to source suitable third party or related party finance or rental services providers for the Customer related to this Service Agreement and to assist the Customer to apply for those services as required.

If the Customer and Guarantor’s do not provide Managem with the personal information requested, then Managem will be unable to assess the Customer’s or a Guarantor’s credit worthiness or net asset position or do any of the above.

The information that might be required and the purpose for which it might be used is explained below.

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Disclosure of the Customer’s or Guarantor’s Personal Information

The types of organisations to which Managem usually discloses personal information include financiers and funders, finance brokers, rental service providers, credit reporting agencies, government departments and authorities, insurers and underwriters, guarantors, agents, contractors, proposed assignees of Managem’s assets, Managem’s financiers, and other third parties associated with Managem to enable Managem to carry out their functions, for example, mailing houses, debt collection agencies, mercantile agents, archive companies, valuers, call centre operators, solicitors, accountants, other funders, introducers, brokers and banks. The Customer and Guarantor’s consent to Managem collecting their personal information and using it for the purposes outlined in this document including disclosing their personal information to the types of organisations set out above.

Disclosure of personal information of a customer of a Customer

Although it is not a primary objective of Managem, at times Managem may also collect and discloses personal or sensitive information which the Customer may have collected from its customers. The Customer consents to the collection and the disclosure of the personal information of the Customer’s customers for the purposes outlined in this paragraph. In addition, the Customer warrants that it has obtained or will obtain from its customers their consent to disclose their personal information to Managem and for Managem to use that information as outlined in this paragraph. Where a customer’s personal information is extracted by Managem from equipment located at the Customer’s location, or where the Customer discloses such information to Managem, the Customer is liable to ensure that the extraction, disclosure and use by Managem are duly authorised as required by terms of the Privacy Act 1988 (Cth), and the Customer indemnifies Managem against any loss or claim resulting from the unauthorised disclosure and/or use of its customer’s personal information.

Disclosure of Credit Information to a Credit Reporting Agency

The Customer and the Guarantor’s authorise Managem to give a credit reporting agency certain personal information about it for the purposes of enabling Managem to obtain a consumer credit report about the Customer and/or Guarantor’s, and/or to allow the credit reporting agency to create or maintain a credit information file containing information about the Customer and/or Guarantor’s. The information which Managem may disclose to the credit reporting agency is limited to:

  • the Customer’s or Guarantor’s’ identification (including your name, sex, address and the previous two addresses, date of birth, name of employer and driver’s licence number);
  • details of payments which become overdue for more than 60 days and for which collection action has commenced;
  • the fact that payments are no longer overdue;
  • details of cheques drawn by the Customer and/or Guarantor’s which have been dishonoured more than once;
  • the fact that in the recipients’ opinion the Customer or a Guarantor’s has committed serious infringement or a default under an agreement with a recipient; and
  • the fact that a debt owing by the Customer or a Guarantor’s has been paid or discharged.

 

Authority to Obtain Credit Information

The Customer and the Guarantor’s authorise Managem to obtain from:

  • a credit reporting agency, a credit report containing personal or commercial information; about the Customer or Guarantor’s in relation to personal or commercial credit provided to the Customer or Guarantor’s;
  • a business, which provides information about the commercial credit worthiness of a person’s information about the Customer’s or Guarantor’s’ commercial activities or commercial creditworthiness.

 

Authority to Exchange Credit Information with another Credit Provider

The Customer and Guarantor’s authorise Managem to give to and obtain from credit providers information about their credit worthiness, credit standing, credit history or credit capacity.

 

Authority to Disclose Certain Information to Joint Applicants

If a Guarantor’s is declined by Managem as guarantor due to adverse information on the Guarantor’s’ personal credit file, the Guarantor’s authorise Managem to notify the Customer of the fact that the Guarantor has been rejected wholly or partly on information derived from a personal credit report relating to the Guarantor.

 

Authority to Disclose Certain Information to Guarantors

The Customer consents to Managem providing information about the Customer to any person who proposes to guarantee the Customer’s obligations to Managem for the purpose of allowing that person to assess whether to act as the Customer’s guarantor and/or indemnifier. After the guarantee is given, the Customer consents to Managem providing information about the Customer to the guarantor and/or indemnifier.

 

Authority to Obtain Information about a Guarantor’s

The Guarantors authorise Managem to obtain from a credit reporting agency a credit report containing personal credit information about the Guarantor’s to assess whether to accept a Guarantor’s for the obligation the Customer in the Agreement.

 

Authority to Give Opinions

The Customer authorises Managem to give to or receive from another credit provider an opinion for purposes connected with the Customer’s business trade or profession.

 

Other Acknowledgements and Consents

  • The Customer and Guarantor’s consent to Managem exchanging information concerning their financial affairs with any person acting on their behalf including its agent, accountant, solicitor or broker.
  • The Customer and Guarantor’s consent to Managem providing information about the Customer and the Guarantor’s to any finance provider, finance broker and/or rental services provider for the purpose of the Customer obtaining such services, with respect to the equipment the subject of this Services Agreement.
  • The Customer and Guarantor’s acknowledge that Managem may exchange information with government authorities as required or authorised by law including the Australian Taxation Office.
  • The Customer and Guarantor’s agree that Managem may use its personal information for marketing purposes to tell the Customer about other related services and products which could suit your needs. If the Customer does not want this to happen then please tell us.
  • The Customer and Guarantor’s acknowledge that the above authorities and consents will continue until all the Customer and Guarantor’s obligations under the proposed agreement have been satisfied and payments owing to Managem have been made.

 

Access and Correction

If the Customer and Guarantor’s would like to know more about:

  1. The personal information which Managem holds about them;
  2. Managem’s personal information holding practices; or
  3. Gaining access to the personal information which Managem holds about them; or
  4. Managem’s handling of personal information about them, please contact:

 

Managem Group Pty Ltd

1300 209 365

Mail:

Suite 151, Level 2, 136 Church Street,

Parramatta, NSW 2150

Managem will also provide a Customer or Guarantor’s with a copy of this information for which a fee may be payable. The Customer or a Guarantor’s should let Managem know if you think any information which they hold about you is inaccurate so that they may correct it. Managem’s Policies contain information about how you may access and seek correction of the personal information we hold about you, how you may complain about a breach of the Australian Privacy Principles and how we handle such complaints.