Privacy
We are committed to protecting your information
3Capital Services Pty Ltd (ACN 673518628) and their related bodies corporate and affiliates (collectively referred to as 3 Capital, “we”, “us” or “our”) are committed to the protection of personal information that relates to you in accordance with applicable law including the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth).
This Privacy Policy explains how we manage personal information and how to contact us if an individual has any further queries about how we do this. This Policy does not apply to how we handle personal information about our employees.
Personal information is information or an opinion, in any form and whether true or not, about an identified individual or an individual who is reasonably identifiable. Special rules apply for collecting personal information which is sensitive information. This includes health information and information about a person’s race, ethnic origin, political opinions, membership of political, professional or trade associations, religious or philosophical beliefs, sexual orientation or practices and criminal history.
In undertaking our functions and activities (broadly, providing finance facilities to corporates – not individuals) we may handle individuals’ personal information. We collect individuals’ personal information in order to administer the facilities that we provide, to market to potential customers and to undertake credit checking on potential customers and guarantors.
The kind of personal information we collect and hold
We may collect personal information about individuals who are officers or employees of customers or prospective customers. We may collect one or more of the following items of personal information:To the extent required by the Act:
• An individual’s name.
• An individual’s contact details including postal and email address and telephone number.
• For the purposes of an enquiry for a loan, the credit worthiness of a borrower and/or guarantor or otherwise as required to satisfy our legal or regulatory requirements.
• For the purposes an enquiry to investor, such other information relevant to assessing the nature of the enquirer’s interest and profile relevant to satisfying our legal or regulatory requirements (such as Anti Money Laundering or Corporations Act requirements).
How we collect and hold personal information
To the extent required by the Act:
• we will not collect personal information about an individual unless that information is reasonably necessary for one or more of our functions or activities; and
• we will collect personal information only by lawful and fair means.
When we collect an individual’s personal information directly from the individual, we will take reasonable steps at or before the time of collection to ensure that the individual is aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that the individual is able to access the information and how to contact us.
The purposes for which we handle personal information
If we use or disclose personal information for a purpose (the “secondary purpose”) other than the main reason for which it was originally collected (the “primary purpose”), to the extent required by the Act, we will ensure that:
• the secondary purpose is related to the primary purpose of collection (and directly related in the case of sensitive information), and the individual would reasonably expect that we would use or disclose their information in that way;
• the individual has consented to the use or disclosure of their personal information for the secondary purpose;
• the use or disclosure is required or authorised by or under law; or
• the use or disclosure is otherwise permitted by the Act (for example, as a necessary part of an investigation of suspected unlawful activity).
If an individual is a director or officer of a prospective or current corporate borrowing customer, we will use their personal information to conduct credit checks and administer our relationship with the current or prospective customer. For more information about credit checks, please refer to our credit reporting policy below.
We may also disclose personal information to our service providers to facilitate our provision of products or services.
Data quality and security
To the extent requires by the Act, we will take reasonable steps to:
• make sure that the personal information that we collect, use and disclose is accurate, complete, and up to date;
• 3 Capital is committed to protecting the security of your Personal Information from accidental or unlawful destruction, damage, loss, alternation, unauthorised access or disclosure by using reasonable, appropriate, physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your Personal Information do the same; and
• destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Act.
Data retention measures
We shall retain your Personal Information for the duration of our relationship with you unless a longer retention period is required to comply with legal obligations, resolve disputes, protect our assets, audit our business, understand your consumer journey, respond to complaints regarding our services or to enforce agreements. The criteria we use to determine retention periods include whether:
• we are under a legal, contractual or other obligation to retain Personal Information, or as part of an investigation or for litigation purposes;
• Personal Information is needed to maintain accurate business and financial records;
• there are automated means to enable you to access and delete your Personal Information at any time; or
• you have consented to us retaining your Personal Information for a longer retention period, in which case, we will retain Personal Information in line with your consent.
Transfer of personal information overseas
We may transfer personal information to our service providers who may have cloud-based facilities that utilise computer servers located overseas. If we transfer personal information in this way, we will take reasonable steps to ensure that any overseas recipient does not breach the APPs in relation to the disclosed personal information.
This obligation will not apply if:
• we reasonably believe that the recipient of the information is subject to legal obligations that have the effect of protecting the information in a way that, overall, is at least substantially similar to protection under the APPs and there are mechanisms that an individual can access to enforce that protection;
• the relevant individual gives us consent to disclose their personal information to an overseas recipient, expressly or by implication, after the individual is expressly informed by us that if they consent we will not be required to;
• we are legally authorised to do so.
Access and correction of personal information
Individuals should please contact us at info@3capital.com.au if they would like to access or correct the personal information that we hold about them. We will generally provide them with access to their personal information if practicable (although a fee may be imposed) and will take reasonable steps to amend any personal information that is incorrect. In some circumstances, we may not permit access to personal information, or may refuse to correct personal information, in which case we will provide the relevant individual with reasons for this decision.
Questions or complaints
Individuals should please contact our Privacy Officer at info@3capital.com.au if they have any questions or complaints about the personal information that we hold about them or the way we handle that personal information. We will acknowledge the question or complaint as soon as possible and will seek to address any question or complaint within 28 days after that.
We will work together with the Office of the Australian Information Commissioner to resolve any issues between us.
The contact details for the Office of the Australian Information Commissioner are as follows:
Street address: Level 3, 175 Pitt Street, Sydney NSW 2000
Telephone: 1300 363 992 (for the cost of a local call anywhere in Australia)
TTY: 133 677 followed by 1300 363 992
Post: GPO Box 5218, Sydney NSW 2001
Facsimile: +61 2 9284 9666
Email: enquiries@oaic.gov.au
Further information about privacy and your rights can be obtained at the Office of the Australian Information Commissioner's website at www.oaic.gov.au.
Notifiable data breaches
If there is a loss, or unauthorised access or disclosure of personal information that is likely to result in serious harm to the affected individuals, we will investigate and notify those individuals and the Australian Information Commissioner as soon as practicable, in accordance with the Act.
Changes
We may change this Privacy Policy from time to time. Individuals can find our up-to-date Privacy Policy posted on our website from time to time.
Website
When an individual uses our website, we can identify their web browser but we do not identify the individual. We may use web browser data for website optimisation purposes.
We use Microsoft Clarity to analyse how users use and interact with our website through various usage metrics, heatmaps, and session replays. Website usage data is captured using first and third-party cookies and other tracking technologies. We use this information to improve our products and services, and for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.
We use “cookies” on our website. A cookie is a text file placed on a user’s computer, to either improve the functionality of the website or help us analyse how users use our website. We do not link back to the user’s identity from the information generated by the cookie about the user’s use of the website (including the user’s device’s IP-address). If a user does not wish us to use cookies, the user can configure the browser settings of their computer or their other devices for that purpose.
Contact us:
If an individual has any queries about our Privacy Policy, or about the way we manage their personal information, they can write to us at info@3capital.com.au.
CREDIT REPORTING POLICY
We are committed to protecting your credit information
3Cap Financial Pty Ltd (ACN 671 891 106) and its related bodies corporate (3Cap, we, us or our)is committed to protecting your credit information and credit eligibility information related to enquiries for credit. You and your means any individual on whom we conduct credit checks because they are a guarantor of the obligations of the corporate customers to whom we provide financing facilities.
This Credit Reporting Policy explains how we manage your credit information and credit eligibility information and how to contact us if you have any further queries about how we do this. This Credit Reporting Policy should be read in conjunction with our Privacy Policy.
Background
We comply with the credit reporting provisions applicable to credit providers in the Privacy Act 1988 (Cth) (the Act) and the Privacy (Credit Reporting) Code 2014, “Credit information” about an individual is personal information (other than sensitive information) that is:
• identification information about the individual; or
• consumer credit liability information about the individual; or
• financial hardship information about the individual; or
• repayment history information about the individual;
• a statement that an information request has been made in relation to the individual by a credit provider, mortgage insurer or trade insurer; or
• 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; or
• default information about the individual; or
• payment information about the individual; or
• new arrangement information about the individual; or
• court proceedings information about the individual; or
• personal insolvency information about the individual; or
• 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.
“Credit eligibility information” includes credit reporting information that is disclosed to us by a credit reporting body. This includes credit information of the kinds described above but primarily relating to the individual’s dealings with other credit providers (such as about credit applications the individual has made or credit that the individual obtains from credit providers). It also includes credit worthiness information about the individual that credit reporting bodies derive from the credit reporting information, such as credit scores, risk ratings and other evaluations about the individual, and any credit worthiness information about the individual that we derive from credit reporting information we receive from a credit reporting body.
“CP derived information” means any personal information that:
• is derived from credit reporting information about the individual that was disclosed to a credit provider by a credit reporting body;
• that has any bearing on the individual’s credit worthiness; or
• that is used, has been used or could be used in establishing the individual's eligibility for consumer credit.
The kind of credit information, credit eligibility information and CP derived information we collect and hold
We provide financing facilities. The credit information, credit eligibility information and CP derived information that we collect about you is the information that is relevant to our credit risk for providing financing facilities to a corporate of which you are a guarantor. In general, we may collect the following credit information, credit eligibility information and CP derived information about you:
• consumer credit liability information;
• number of credit enquiries;
• default information, including whether any defaults have been registered against you and whether there have been any ATO tax defaults;
• court proceedings information; and
• publicly available information, including information that relates to your credit worthiness.
How we collect and hold credit information or credit eligibility information
As we supply products and services to you on credit, we collect your credit information and credit eligibility information from credit reporting bodies.
Additionally, we provide credit information to credit reporting bodies. The credit reporting bodies may include the personal information we provide to them in reports provided to other credit providers to assess your credit worthiness.
To the extent required by the Act:
• we will not collect credit information and credit eligibility information about you unless that information is reasonably necessary for one or more of our functions or activities; and
• we will collect credit information and credit eligibility information only by lawful and fair means.
Sometimes your credit information or credit eligibility information will be used by credit reporting bodies for the purposes of ‘pre-screening’ credit offers on the request of other credit providers. You may contact the credit reporting body at any time to request that your credit information or credit eligibility information is not used in this way.
You may contact the credit reporting body to advise them that you believe that you may have been a victim of fraud. In Australia, you can ask a credit reporting body not to use or disclose your credit-related personal information for a period of 21 days without your consent if you believe on reasonable grounds that you are, or are likely to be, a victim of fraud, including identity fraud.
Name: The credit reporting body we use is Equifax You may view their privacy policy at https://www.equifax.com.au/privacy
Website: https://www.equifax.com.au/personal/
The above credit reporting body is required to have a policy which explains how it will manage credit-related personal information. If an individual would like to read the policy of the credit reporting body, he or she should visit the credit reporting body's website and follow the "Privacy" links, or the individual can contact the credit reporting body direct for further information.
Our policy about the management of credit related personal information is contained in this privacy policy but if you would like to receive it as a separate document you can request a copy by contacting our Privacy Officer at the address specified at the end of this policy.
The purposes for which we handle credit information or credit eligibility information
The purposes for us handling your credit information and credit eligibility information include:
• assessing your credit worthiness;
• assessing your application and your eligibility for our products or services;
• managing your finance; and
• conducting our business activities in a professional and efficient manner.
If you fail to meet your payment obligations in relation to any finance that we have provided or arranged or you have committed a serious credit infringement, we may also disclose this information to a credit reporting body.
Data quality and security
To the extent required by the Act, we will take reasonable steps to:
• make sure that the credit information and credit eligibility information that we collect, use and disclose is accurate, complete and up to date;
• protect the credit information and credit eligibility information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify credit information and credit eligibility information that is no longer needed for any purpose that is permitted by the Act.
Transfer of credit information or credit eligibility information overseas
We may transfer credit information or credit eligibility information to our service providers, who may have cloud-based facilities that utilise computer servers located overseas. If we transfer credit information or credit eligibility information in this way, we will take reasonable steps to ensure that any overseas recipient does not breach the APPs and applicable credit reporting requirements in relation to the disclosed credit information or credit eligibility information.
Access and correction of your credit eligibility information
Please contact us at info@3capital.com.au if you would like to access or correct the credit eligibility information that we hold about you. We will generally provide you with access to credit eligibility information if practicable (although a fee may be imposed) and will take reasonable steps to amend any credit eligibility information that is incorrect. In some circumstances, we may not permit access to your credit eligibility information or may refuse to correct your credit eligibility information, in which case we will provide you with reasons for this decision.
We ask that you tell us of any changes to the credit eligibility information we hold about you. You may notify us at info@3capital.com.au at any time to request that your credit eligibility information is amended or updated. We will then take reasonable steps to correct the information in the manner requested.
If we consider that the credit eligibility information we retain does not require amendment, we will annotate your request on our files.
Questions or complaints
Please contact our Privacy Officer at info@3capital.com.au if you have any questions or complaints about the credit information or credit eligibility information that we hold about you or about the way we handle that credit information or credit eligibility information. We will acknowledge your question or complaint as soon as possible and will seek to address any question or complaint within 28 days after that.
Notifiable data breaches
If there is a loss, or unauthorised access or disclosure of your credit information or credit eligibility information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Act.
Changes to Credit Reporting Policy
We may change this Credit Reporting Policy from time to time. You can find our up-to-date Credit Reporting Policy posted on our website from time to time.
Contact us
You may contact our Privacy Officer at info@3capital.com.au.
You may also contact us at our postal address at Level 34, 201 Elizabeth Street, Sydney, NSW, 2000.