Our Privacy Commitment

1. UCapital Pty Limited A.C.N. 168 386 623 (“UCapital“) is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will endeavor to fulfil this commitment, including by:

(a) complying with the Australian Privacy Principles (“APPs”);
(b) ensuring that we manage your personal information openly and transparently;
(c) only collecting personal information from you that we need in order to offer you the best possible service and advice;
(d) telling you how we might use your personal information;
(e) letting you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;
(f) keeping your personal information secure;
(g) promptly responding to any request by you not to receive direct marketing material from us;
(h) making sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and
(i) ensuring that, where appropriate, you can access and correct your personal information.

About this Policy

2. This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988 (“Act“) and the Australian Privacy Principles.

3. References to “our”, “us” and “we” in this policy are references to UCapital. Our website can be accessed through the domain name www.ucapital.com.au (“Website“).

4. This policy gives a broad overview of our policies in relation to privacy but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.

5. You should read this privacy policy before providing us with any personal information or before using our Website. By providing us with your personal information or by using the Website, you are confirming your agreement to the policies and procedures described in this privacy policy.

What sorts of personal information do we collect?

6. We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to provide to you the best possible service and advice.

7. The types of personal information we collect includes, but is not limited to, your name and contact details (including, phone number, email and residential address), date of birth, your driver licence details and details of your business (including the contact details of your business and Australian Business Number).

8. The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information.

Why do we require your personal information?

9. Usually, the main reasons that we will need to collect your personal information will be to assess your application for finance, undertake a credit assessment and assess your credit worthiness.

10. We may also use your personal information for other reasons, including to:

(a) contact you in relation to particular information or an event that you might be interested in;
(b) prevent fraud and other criminal activities;
(c) assist us to run our business and to improve our services and performance, including staff training, accounting, risk management, record keeping, archiving, systems development and undertaking planning, research and statistical analysis; and
(d) comply with our legal obligations.

11. There is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to contact you or to provide you with the services that you require.

How do we collect your personal information?

12. We may collect your personal information:

(a) directly from you, either in person, over the phone, through application forms you have completed or by email;
(b) through our Website; or
(c) from publicly available sources, for example, the electoral role, the telephone directory or from other websites.

13. We will always collect your personal information directly from you unless it is impracticable to do so.

Unsolicited personal information

14. From time to time we may receive personal information about you that we have not requested. In these circumstances, we will only hold onto such information where it is necessary to do so.

How do we use or disclose your personal information?

15. We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:

(a) in relation to your finance requirements, including to submit your finance application to a prospective lender or a credit provider;
(b) to consider your requirements and how we can best advise and service you;
(c) to enable us to provide our services to you;
(d) to carry out or respond to your questions and requirements;
(e) to analyse developments and trends in the industry to develop, improve and market our services to you;
(f) for regulatory reporting and compliance with our legal obligations;
(g) to regulatory bodies and law enforcement officials and agencies as required in relation to our services, to protect against fraud and for related security purposes;
(h) to perform administrative and operational tasks (including risk management, systems development and testing and staff training);
(i) to include in a database compiled by us for use in direct marketing of services and events that we think may be of interest to you;
(j) to seek your feedback in relation to client satisfaction and our relationship with you;
(k) to monitor or improve the quality and standard of service that we provide to you;
(l) to consider any concerns or complaints you may raise against us;
(m) to better understand your preferences; and
(n) to subsidiaries, related bodies corporate and controlled entities of UCapital and to our agents, successors and/or assigns, for the uses outlined above.

16. By agreeing to accept the terms of this privacy policy and in providing your personal information to us, you are taken to have consented to the use and disclosure of your personal information for the above purposes.

17. We may also provide your personal information to third parties as outlined in this privacy policy.

18. Other than as outlined above, we will not disclose your personal information without your consent unless such disclosure is permitted or required by law.

Do we share your personal information with others?

19. We share your personal information to prospective lenders and our credit partners, who assist in the provision of credit to you. We may also share your personal information with entities related to UCapital.

20. Where we have provided your personal information to third parties, those third parties must safeguard this information and must only use it for the purposes for which it was supplied and we will make all reasonable enquiries to try to ensure that this is the case.

21. By providing your personal information to us, you consent to your personal information being shared with third parties as set out in this policy. We will not disclose personal information obtained from you to any third parties, other than those set out in the policy, unless you consent.

Do we use your personal information for marketing purposes?

22. As part of the services that we provide to you, we may:

(a) use personal information that we have collected about you to identify information or a service that may benefit you; and
(b) contact you from time to time to let you know about information or a service that we believe you might be interested in.

23. Where we intend to use your personal information for direct marketing purposes (including the purposes set out above), we will specifically request your consent (generally through an opt-in box on our Website or any application through which we collect your personal information). By providing your personal information to us, you consent to your personal information being included in our database to be used for direct marketing purposes, including those described above, however, you can opt-out, unsubscribe or make a request not receive direct marketing communications from us, by calling on 1300 123 455 or by emailing us at mp@ucapital.com.au or by logging such a request through our Website at any time. Additionally, each direct marketing communication, including all emails, will include an opt-out or “unsubscribe” option which will immediately indicate to us that you no longer wish to receive materials of this kind. If you make a request not to receive direct marketing communications from us, we will stop sending you these materials.

How do we store your personal information?

24. We hold personal, sensitive and special categories of information in electronic formats. We have in place reasonable commercial standards of technology and operational security to protect the information we hold from loss, misuse and interference and from unauthorised access, modification or disclosure.

25. We take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.

26. While care is taken to protect your personal information on our Website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.

Maintaining your personal information

27. We take reasonable steps to ensure that:

(a) the information that we collect about you is accurate, complete and up-to-date at the time of collection;
(b) when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
(c) if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.

How can you access your personal information?

28. Usually we will be able to provide you with access to your personal information upon receipt of your email request, sent to mp@ucapital.com.au, and confirmation of your identity. There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.

29. If we deny you access to your personal information for any reason, or if we are unable to provide you with access to your information in the manner requested by you, then we will provide you with a written notice confirming:

(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.

30. We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.

How can you seek to correct your personal information?

31. We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, please ensure that you provide us with correct information at the time you provide it to us and immediately inform us if your details change at any time. If we are concerned that any of your information is inaccurate, incomplete, out-of-date, irrelevant or misleading, or if you request that we correct any of your information, then we will take all reasonable steps to correct the information to ensure that it is accurate, complete, up-to-date, relevant and not misleading in the context of the purpose for which it is held.

32. If we refuse to correct your personal information following a request by you to do so, then we will provide you with a written notice confirming:

(a) the reason for such refusal; and
(b) the procedure to complain about the refusal.

33. We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.

What if you want to make a complaint about some aspect of our privacy procedures?

34. We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us through our Privacy Compliance Officer, whose details are set out below.

Maurice Pretorius
Level 4, 346-348 Kent Street,
Sydney NSW 2000
Telephone: 1300 123 455
Mobile: 0424 852 276
Fax: 02 8072 6860

35. If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible, including by acknowledging receipt of your complaint within 48 hours and trying to resolve the complaint within 10 working days. Where this is not possible, we will contact you within this period to let you know an anticipated time frame within which your complaint will be resolved.

36. If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the Office of the Australian Information Commissioner (“OAIC“) to have the complaint heard and determined.

Protecting your identity

37. Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us or to use a pseudonym to protect your identity. Due to the nature of our business however, it will usually not be practicable for us to deal with you anonymously or by pseudonym.

Website

38. Our Website may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of those parties. We are not responsible for information on, or the privacy practices of, such websites.

Changes to this policy

39. From time to time it may be necessary for us to review and revise this privacy policy. We reserve the right to change our privacy policy at any time.

How can you contact us?

40. Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner.

41. If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.

Maurice Pretorius
Level 4, 346-348 Kent Street,
Sydney NSW 2000
Telephone: 1300 123 455
Mobile: 0424 852 276
Fax: 02 8072 6860

42. Please note that the Act contains certain exemptions which may permit us to use your personal information in a particular way if specific circumstances arise. Any such exemptions under the Act will take priority over this privacy policy to the extent of any inconsistency.

Express consent to collection, storage, use and disclosure

43. In addition to the other consents provided by you above, by agreeing to accept the terms of this privacy policy, or by providing your personal information to us, or both, you are taken to have expressly consented to the collection, storage, use and disclosure of your personal information for each of the purposes and to all of the parties outlined in this privacy policy.

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