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Complaints Policy

Nexgen is required to comply with the Privacy Act 1988 (Cth) and is bound by the Australian Privacy Principles (‘APPs’) set out in that Act. The APPs establish minimum standards for the collection, use, disclosure and handling of personal information. They apply to personal information in any form, including electronic and digital form. The APPs can be accessed at the website of the office of the Australian Information Commissioner: www.privacy.gov.au.

Nexgen is also subject to other laws relating to the protection of personal information. If Nexgen engages in direct marketing activities, Nexgen’s direct marketing activities may also need to comply with the Do Not Call Register Act 2006 (Cth) and the Spam Act 2010 (Cth).

In this Privacy Policy, unless the context otherwise requires:

  • ‘Privacy Law’ refers to any legislative or other legal requirement that applies to Nexgen’s collection, use, disclosure or handling of personal information.
  • ‘Personal information’ means 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 material form or not. Personal information includes sensitive information.
  • ‘Sensitive information’ means personal information about an individual’s racial or ethnic origin, political opinions or memberships, religious beliefs or affiliations, philosophical beliefs, professional or trade association/union memberships, sexual preferences and practices or criminal record.

Why does Nexgen collect personal information?

  • Nexgen collects personal information in order to, amongst other things:

    • advertising purposes
    • receive, review and respond to queries from its stakeholders;
    • providing services to its stakeholders.
    • market and promote the products and services of its subsidiaries to current and prospective customers of its subsidiaries; and
    • comply with our legal obligations, including under the Corporations Act 2001 (Cth). Nexgen needs to be able to collect personal information for most of its corporate activities, although the information we require depends on the particular circumstances. If we are unable to collect the personal information we need, we may be unable to meet the expectations of our Stakeholders or provide the services they wish to receive.

Whose personal information does Nexgen collect?

  • All viewers of Nexgen website
  • staff of Nexgen and its subsidiaries; and
  • service providers and suppliers, agents and affiliates, and their staff.

Can you deal with Nexgen without identifying yourself?

In some limited situations individuals may be able to deal with Nexgen anonymously or using a pseudonym. However, if you do not wish to be identified we may not be able to provide the information or assistance you require.

What personal information does Nexgen usually collect?

Nexgen seeks at all times to ensure that it only collects the personal information that is necessary for the purposes of its functions and activities.

How does Nexgen collect personal information?

We collect personal information by various means and via various media, depending on the particular business context. We may collect this information:

  • through Nexgen’s website, including where you submit enquiries. Nexgen receives unsolicited personal information from time to time. In accordance with its obligations under Privacy Law, Nexgen will decide whether it would have been permitted to solicit and collect that information and if it would not have been, will destroy or de-identify the information (provided it is lawful to do so).

What information will Nexgen give you when it collects personal information?

Nexgen is required by Privacy Law to take reasonable steps to ensure that you are made aware
of certain information when it collects personal information about you. For example, we are
required to:

  • tell you how to contact Nexgen;
  • make sure you are aware that we have collected the information (if we collect it from a third party without your knowledge);
  • let you know the purposes for which we collect the information, the entities that the information is likely to be disclosed to and whether the information will be transferred outside Australia; and
  • tell you how to access our Privacy Policy and complaint handling procedures. This Privacy Policy sets out this information in general terms. However, where we collect personal information in relation to a particular issue or matter, and the information we are required by the APPs to provide to you in respect of the collection is not likely to be obvious from the circumstances, we usually provide the required information in a ‘collection statement’.

Nexgen ‘s use and disclosure of personal information

Where Nexgen collects personal information for a particular purpose, it may use and disclose the information for that purpose or another purpose that is related to that purpose (or that is directly related to that purpose in the case of sensitive information). Direct marketing communications may be sent via post and e-mail

  • Nexgen will not use sensitive information for direct marketing purposes without your consent
  • Whenever we communicate with you for direct marketing purposes, we will give you the opportunity to opt out of receiving further direct marketing communications from Nexgen.
  • You may opt out of receiving direct marketing communications from Nexgen at any time by contacting us at support@nexgen.com.au or calling 1300 063 943.
  • If we use your personal information to facilitate direct marketing by our subsidiaries, you can ask us to provide the source of the information by contacting us at support@nexgen.com.au or calling 1300 063 943.

Personal information about analysts, journalists and service providers (and their employees, contractors and agents) is used and may be disclosed for the purpose of responding to enquiries and generally managing the relationship with such persons.Nexgen may disclose personal information occasionally.

For example, depending on the circumstances, Nexgen may disclose information as set out below:

  • To its subsidiaries or other persons where you have expressed an interest in acquiring the products or services of the subsidiary or other person.
  • To Telecommunication Industry Ombudsman regarding an enquiry.

Personal information may also be disclosed to third party agents and service providers who Nexgen engages to assist in the performance of its functions and activities. These include:

  • organisations that process banking and billing transactions;
  • printers, mail distributors, couriers and dispatch centres;
  • IT service providers and data managers; and
  • legal, accounting, insurance and business advisory consultants services

Nexgen may also disclose personal information without consent as authorised by privacy law for a range of other purposes, including:

  • where necessary to prevent or lessen a serious threat to health or safety;
  • for law enforcement or crime prevention purposes;
  • for the investigation of unlawful activity;
  • for location of missing persons;
  • for use in legal proceedings or dispute resolution. In situations other than those described above, Nexgen will not disclose personal information without the customer’s consent (although consent may be implied).

Is personal information disclosed outside Australia?

Nexgen may, in limited circumstances, disclose some personal information to persons or organisations that are outside Australia.

  • The customer service and marketing call centre operations of Nexgen’s subsidiaries are based overseas. If you have expressed an interest in receiving the products or services of Nexgen’s subsidiaries, the overseas based staff of Nexgen’s subsidiaries may receive your personal information for the purpose of sales and marketing, customer service, correspondence, provisioning, fault management and technical support activities. The Privacy Policy of Nexgen’s relevant subsidiary specifies the policy of Nexgen’s subsidiary in respect of the collection, use and disclosure of your personal information.
  • Database and webhosting services provided to Nexgen may involve personal information being transferred to IT service providers based in India, Philippines, Singapore, New Zealand, the United Kingdom, Canada and the United States of America.

How does Nexgen protect your personal information?

Nexgen recognises the importance of protecting your personal information and of ensuring that it is complete, accurate, up-to-date and relevant. While some of the personal information we collect is held in hardcopy form, most personal information is stored in electronic databases.

We have extensive processes in place to ensure that our information systems and files are kept secure from unauthorised access and interference. These include:

  • System access is controlled by logins and different security levels. Access requests must be supported by a request from the Directors.
  • Access authorisation is layered and access authorisations are specific to the job function of each staff member.
  • Our employees undergo privacy and information security training on induction and are required to sign acknowledgements of their obligations in relation information security and appropriate use of our IT systems.

Can you access or correct personal information Nexgen holds about you?

You have a right to access personal information we hold about you. If your request is particularly complex or requires detailed searching of our records, there may be a cost to you in order for us to provide you with this information. However, we will not charge you if we are not permitted by law to charge you and if we are allowed to charge you, we will not charge you more than we are permitted by law to charge you.

If you believe there are errors in the information we hold about you, you have a right to ask us to correct the information.

However, we are not required to provide access where we believe doing so would:

  • prejudice law enforcement or crime prevention activities;
  • pose a serious threat to health or safety;
  • have an unreasonable impact on the privacy of other individuals;
  • prejudice Nexgen in legal proceedings or negotiations with you;
  • reveal information connected with a commercially sensitive decision making process; or
  • be contrary to law.

If you wish to have access to information Nexgen holds about you, you should contact support@nexgen.com.au

Dealing with Nexgen on-line

This Privacy Policy also applies to personal information that you email to us, provide by using our website or provide via social media sites.

We store the Internet Protocol (IP) address of your computer when you visit our site. This information is used only to create broad demographic summaries of where our users come from. Our use of these IP addresses, however, does not go so far as to identify the actual users of the site.

We collect personal information about the other websites that are visited by computers that are used to visit our site. This information may be aggregated to provide us with information about the types of webpages and websites, or particular webpages and websites, visited by computers that use our site.

Our website may use cookies and web-beacons. While cookies and web beacons can be used to statistically monitor and analyse the use of our site and to identify information about the computer used to visit our site, the information we gather will include demographic information as well as email addresses.

Note that this privacy policy does not apply to, and Nexgen is not responsible for, the use of, or the protection of information provided to, other websites linked to this website.

Nexgen uses multiple online marketing tools and applications for our advertising and sales purposes. Information that will be collected via pixels and cookies, including email addresses.

Complaints and further information

If you believe your privacy has been interfered with and wish to make a complaint, please contact our Privacy Officer. The Privacy Officer will investigate your complaint and notify you of the outcome.

If it appears from your complaint that there has been an interference with privacy by a person other than Nexgen, the Privacy Officer may discuss the complaint with that person in an attempt to resolve it.

If you are dissatisfied with the outcome of your complaint, or you do not receive a response to your complaint within 30 days, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). Complaints to the OAIC must be made in writing. Where possible, complaints to the OAIC should be made through the online Privacy Complaint form, available at www.oaic.gov.au/privacy/making-a-privacy-complaint.

If you would like further information on this Privacy Policy or if you have any concerns over the protection of your personal information, please contact

Attn: Privacy Officer

Email: support@nexgen.com.au

Address: PO BOX 2267 North Parramatta NSW 1750

ABN 24 606 252 484

Our Privacy Policy and Credit Reporting Privacy Policy

1. Privacy at Nexgen – Our Privacy Policy and Credit Reporting Privacy Policy

Background

This Policy explains:

  • The kinds of personal information (including credit-related information) we collect, and the purposes for which we do that;
  • how we manage the personal information that we collect about you;
  • how you can seek access to and correction of that information;
  • if necessary, how you can make a complaint relating to our handling of that information.

This policy is not limited to current customers or guarantors of customers (where applicable) – it relates to other individuals who deal with us, whether in relation to the provision of credit or otherwise.
1. Information we may collect

Personal information

We will collect certain information about you depending on the circumstances in which the product or service is being provided. This information can include:

  • key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses,
  • key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses,
  • your transaction history (with us and our associates or relevant third parties). This information includes products you may have used with us in the past, your payment history, and the capacity in which you have dealt or deal with us;
  • other relevant information – depending on the circumstances this may also include health and medical information (eg if it is relevant to a hardship request), membership of professional bodies, tax file number information (other government identifiers (eg if relevant to identifying you).
    2. Personal information that relates to credit
    In the event that we need to collect information about you in relation to credit matters, this can include:
  • information such as account numbers or customer identifier numbers;
  • credit application history with us and other credit providers, such as the type of credit you applied for, the amount of credit you have applied for, the start and end date of relevant credit;
  • repayment history information, such as and whether you owe any payments to us or another credit provider (regardless of the capacity in which that credit was provided) that are overdue by 60 days;
  • credit ratings, scores and evaluations about you and your credit worthiness;
  • Court proceedings information about you. This is information about a judgment of an Australian court that is made against you that relates to credit that was provided to, or applied for, by you, such as whether you have been declared bankrupt or have been subject to insolvency;
  • whether we have accessed your credit information previously;
  • default information about you. This is information about a payment owed by you as a borrower or guarantor in connection with consumer credit that remains overdue for more than 60 days and which we can disclose to a credit reporting body if certain requirements under the Privacy Act are met;
  • payment information about you. Payment information is a statement that an overdue payment in relation to which default information was provided to a credit reporting body has been paid;
  • new arrangement information about you. This is information about you having entered into certain types of arrangements with us in relation to consumer credit where you have been overdue in making a payment and we have provided default information to a credit reporting body. New arrangement information is either that the terms of conditions of that consumer credit have been varied as a result of you being overdue or that you have been provided with new credit relating to the original amount of credit;
  • personal insolvency information about you. This is information recorded in the National Personal Insolvency Index and relating to your bankruptcy, a debt agreement proposal given by you, a debt agreement made by you, a personal insolvency agreement executed by you, a direction given, or an order made, under the Bankruptcy Act that relates to your property or an authority signed under the Bankruptcy Act that relates to your property;
  • publicly available information about you:
  • publicly available information about you:
  • that is not court proceedings information about you or information about you that is entered or recorded in the National Personal Insolvency Index;
  • An opinion we have on reasonable grounds that you have committed a serious credit infringement in relation to consumer credit that we have provided to you. A serious credit infringement includes, in summary:
  • that you were fraudulently obtaining (or attempting to obtain) consumer credit; or
  • that you are fraudulently evading (or attempting to evade) your consumer credit obligations; or
  • that you are no longer intending to comply with your consumer credit obligations we have not been able to contact you for 6 months in accordance with the Privacy Act.
    3. Applicability of policy to credit related information

We set out above some of the consumer credit information relating to individuals that we may collect.
The Privacy Act has certain specific rules about two types of consumer credit related information:

Privacy and Credit Reporting Policy

The clauses below describe how Nexgen Investment Group Pty Ltd Trading As Nexgen Australia – ABN 88 606 251 503 (“we”/”us”) may collect, use, handle and disclose your personal information. They also describe the privacy‐related matters to which you give your consent in applying for a rental facility from us. Your personal information will be treated in accordance with the Privacy Act 1988 (“Privacy Act”) as well as the Credit Reporting Privacy Code.

  1. The clauses below set out:
    1. Consents that you give us in relation to your personal information by applying for finance from us or otherwise in connection with credit that we offer; and
    2. Important information about our collection, use, disclosure and management of your personal information.
  2. We will ordinarily collect your personal information about you for the following purposes, and to the extent not already authorised by law, you agree to us using and disclosing that information for these purposes. This is dependent on the circumstances and the nature of the products and services you are obtaining from us:
    1. assessing and processing existing or future application(s) for credit and, where applicable, insurance or extended warranty products, managing your account or other products, responding to your questions and performing our obligations in relation to credit and insurance products provided to you;
    2. protecting us and our assets (including against fraud) and selling our assets (including by assigning any debts);
    3. enforcing our rights (including undertaking debt collection) in connection with any credit provided to you;
    4. considering any variation requests;
    5. managing, changing and improving our systems and processes;
    6. complying with laws. Various Australian laws may require us to collect your personal information, or we may need to do so to be able to comply with other obligations under those laws. These laws include: the Anti‐Money Laundering and Counter‐Terrorism Financing Act and other anti‐money laundering legislation (for example, for identity verification), the National Consumer Credit Protection Act (for example, for responsible lending), the Financial Sector (Collection of Data) Act, the Corporations Act (Cth) and other regulatory legislation (for example, requiring us to maintain client and transaction records, to provide information relating to loans to APRA and to make reports and provide other information to regulators such as ASIC) and the Taxation Administration Act, the Income Tax Assessment Act and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation);
    7. marketing products and services provided by us and our related entities;
    8. developing an understanding of goods and services you may be interested in receiving from us and related entities;
    9. compiling statistical data, e.g. credit scoring information.
  3. We collect your personal information primarily from you. However, sometimes we may collect personal information about you from third parties for the purposes described above where it is unreasonable or impracticable to collect it directly from you, and we may do this on one or more occasions. For example, even though your application is for Commercial credit, we may collect information about you from a business which provides information about consumer creditworthiness for the purpose of assessing your application. Other third parties that we may collect your information from include the supplier of the Equipment; our agents; other credit providers; insurers; any of your employers, former employers, referees, banks, landlords, guarantors, accountants, lawyers and financial advisers; your executor, administrator or attorney; service providers to us (including debt collection agencies, introducers, private investigators, professional advisers); professional organisations; internet sources; public and subscriber-only databases; credit reporting bodies, any person considering purchasing the business or any credit facility (or any part of the business or credit facility) the subject of any of our products or any person to whom we may assign your credit contract/s (and their advisors and representatives); any person considered necessary in our view to execute your instructions; and government authorities. The circumstances in which we may do so include, for example, where we need information from a third party to assist us to deal with any application or request made by you (such as to verify information you have provided or to assess your circumstances) or to assist us to locate or communicate with you.
  4. The consequences of you not providing to us the personal information that we require can include that we will not be able to approve your application for credit or a related product, or that we will not be able to deal with future requests or queries from you in connection with credit we provide.
  5. You agree that we can disclose your personal information (including, where permitted to do so under the Privacy Act, your credit information and credit eligibility information) for the purposes described above to:
    1. Your co‐applicant (if any); any of our related bodies corporate; our assignees or potential assignees; the supplier of any goods or services financed with credit we provide; any other supplier appointed by us, credit reporting bodies or any business providing information about commercial credit worthiness; other credit providers; card issuers; your assignees or proposed assignees; debt collection agencies; banks and financial advisers; lawyers, accountants and other professional advisers; any suppliers or contractors to us who need to have access to our personal information for the purpose of providing services to us or you (including, without limitation, physical and electronic file storage suppliers, receivables management suppliers and data warehouses); any person specifically authorised by you in writing; and
    2. Any person as permitted or required by law.
  6. Some of the organisations to whom we may disclose your personal information (including your credit information or credit eligibility information) will be located overseas and may not have an Australian link. The countries in which overseas recipients are likely to be located currently include the Philippines and New Zealand (for an updated list of countries from time to time, please see our Privacy Policy and Credit Reporting Policy available on our website). You acknowledge that by consenting to us disclosing your personal information to overseas recipients, Australian Privacy Principle (“APP”) 8.1 will not apply to the disclosure (which means that we will not be obliged under the Privacy Act to take reasonable steps to ensure that an overseas recipient does not breach the APPs, and we may not be liable under the Privacy Act if the recipient does not act consistently with the APPs). By applying for this product, you consent to disclosures to overseas recipients.
  7. Our website at nexgen.com.au/cloud/ contains important information about credit reporting, including the credit reporting bodies that we deal with, credit information that we may give them about you (such as about defaults and serious credit infringements) and details regarding how those credit reporting bodies use and disclose that information to credit providers and their policies about managing the information. You have important rights regarding access, correction and complaints relating to your credit reporting information, as well as certain rights to prevent its use for direct marketing or where you have been a victim of fraud. You will also find details about these rights on the same page. You can also ask us to provide you with a copy of this important information.
  8. You also agree that we or any credit provider we choose can obtain, from any business providing information about commercial creditworthiness, consumer and or commercial credit reports about you for the purposes of assessing applications for commercial credit.
  9. You agree that we can disclose your name, residential address and date of birth to a credit reporting body so that the credit reporting body can provide an assessment to us of whether the information provided by you matches (in whole or in part) the information in the credit reporting body’s possession or control (which may include personal information held by the credit reporting body about you or other individuals). This will be done for the purpose of verifying your identity as required under Australia’s anti‐money laundering and counter‐terrorism laws where applicable. If you would prefer us to use another form of verification, such as your passport or driver’s licence, you must notify us and provide us with any information that we request.
  10. You agree to us using and disclosing your personal information (including your telephone number, regardless of whether it is listed on the Do Not Call Register and your email or other electronic addresses) to provide you with information about our other products and services and the products and services offered by our dealers, insurers (such as insurers who provide credit‐related insurance), our related companies or suppliers. This includes communicating with you via emails, text messages, phone messages or other electronic messages (without an unsubscribe facility). If you no longer wish us to use or disclose your personal information for these purposes, please tell us by contacting us on 1300 763 738.
  11. To protect your privacy, we recommend that any email address you provide to us be your personal email address rather than, for example, an email address accessible by your work colleagues or family members.
  12. You have rights to request access to, or correction of, personal information that we hold about you, including credit‐related information. You also have rights to make a complaint if you consider that we have not complied with the Privacy Act or Credit Reporting Privacy Code in relation to our information. Our Privacy Policy and Credit Reporting Policy sets out how you can make such requests or complaints and how we will deal with them. For details about our management of credit-related personal information (including credit reporting information) that we hold about you, please see our Privacy Policy and Credit Reporting Policy available by calling us on 1300 763 738.

ACKNOWLEDGMENTS AND CONSENTS AND AUTHORISATION

  1. You acknowledge that this application contains:
      1. important information about privacy (including about credit reporting) that you should read before signing; and
      2. important privacy-related consents and authorisations (including relating to uses, disclosures and overseas transfers of your personal information);
  2. you acknowledge that various credit checks will be undertaken by us as part of this application as described that you agree to by signing; and
  3. you agree that each consent and authorisation remains in effect until cancelled in writing by you or otherwise relied on by us as permitted by law.

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Terms Of Use

Your access to the Nexgen website at https://www.nexgen.com.au is your acceptance of these Terms and Conditions and your access and use of the website is subject to these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the Website. In these Terms and Conditions, capitalised words have special meanings. These special meanings are set out in the “General” section of this document.

Disclaimer of Liability – General Disclaimer

We are not liable to you or anyone else for any Loss in connection with use of this Website or a Linked Website or the failure to provide this Website.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

Disclaimer of Liability – Specific Warnings and Disclaimers

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or a Linked Website. You must take your own precautions to ensure that whatever you select for your use from this Website is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time, change or add to this Website (including these Terms and Conditions and privacy policy) or information, products or services without notice and your continued use of the Website will constitute acceptance of the variation. However, we do not undertake to keep this Website or these Terms and Conditions updated. We are not liable to you or anyone else if errors occur in the information on this Website or if that information is not up-to-date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. You must ensure that your access to this Website is not illegal or prohibited by laws which apply to you or in your location.

To the extent permitted by applicable law, our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide the Website, is limited to providing access to the Website.

You may not use the Website to collect or harvest Personal Information, including Internet addresses, about other users. You must comply with our Acceptable Use Policy available on the Website.

You must abide by any Terms and Conditions posted on the Website. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of, or in any way connected to, the use of the Website by you.

Charges

You are responsible for the costs of all Internet access and telecommunications charges incurred when using the Website and accept that your use of the Website is your responsibility and is at your own risk entirely.

Nexgen operates secure servers to minimise the risk of unauthorised use of credit card information but unauthorised credit card use is at your risk.

Copyright

This Website, including without limitation, documents, information, programs and designs is our copyright property.

You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) and similar statutes that apply in your location, you may not, in any form or by any means:

1. adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Website; or

2. commercialise any information, products or services obtained from any part of this Website, without our written permission.

Google Online Advertising

Nexgen use the Google AdWords Remarketing service which advertises across the internet to previous visitors to our website.

Google AdWords Remarketing displays relevant advertising content based on which sections of the Nexgen website you have visited. This is done by placing a cookie on your machine. A cookie is a small file sent to your browser from a web server to be stored on your computer. Cookies do not allow access to your computer or any data / files contained in your computer. It will not identify you in any way. Google Adwords Remarketing allow us to tailor our advertising and marketing content so it is relevant and suits your needs.

Any data collected as part of our use of Google Adwords Remarketing will be in accordance with Arrow’s privacy policy and Google’s privacy policy.

If you do not wish to be a part of our Google AdWords Remarketing, you can opt out by visiting Google Ads Preference Manager:

https://www.google.com/settings/ads

Then go to the “opt-out settings” where you can opt out of all interest based ads on Google and across the web.

Trade Marks

Intellectual Property in all materials, documents, information, data, images, logos and trade marks that we provide you or which are contained on the Website are owned or licensed to us and all rights are reserved.

Other product and company names mentioned in this Website may be the trade marks of other people or entities.

If you use any of our trade marks to refer to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

Linked Websites

This Website may contain links to Linked Websites. Those links are provided for convenience only and may not remain current or be maintained. We do not make any representation as to the accuracy or sustainability of any of the information contained on those other sites, and do not accept any responsibility or liability for the conduct or content of those other sites.

Links to those Linked Websites should not be construed as any endorsement, approval, recommendation, or preference by us of the owners or operators of the Sites, or for any information, products or services referred to on those Other Websites.

Unless stated otherwise on this Website, we have:

1. no relationship with the owners or operators of those Linked Websites; and

2. no control over or rights in those Linked Websites.

Personal Information

When transacting with you we may ask you for personal details such as your name, address and email address so that we can accurately identify who is using our services. By accessing the Website you consent to us sending you commercial electronic messages. If you do not want us to send you commercial electronic messages you may ask us not to by sending a blank email to unsubscribe@nexgen.com.au

Cookies

“Cookies” are a standard for storing small pieces of data on a web client (ie. the web browser on your computer). Any Web server (including this one) may:

1. store one or more cookies in your browser; or

2. request your browser to transmit the data to the Web server.

This Website may store cookies on your Web client in order to better serve you upon your subsequent visits to this Website.

By using cookies, Websites can track information about visitors’ usage of the site, provide customised content, or even the use of password protection. Note that some browsers can be configured to allow cookies to be accessed by servers other than the originating server.

Please note that most Web browsers can also be configured to notify the user when a cookie is received, allowing you to either accept or reject it. Please refer to the documentation and help screens for your web browser.

Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information or content which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

Termination of Access

Access to this Website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

General

In these Terms and Conditions:

1. “Intellectual Property” means any and all intellectual and industrial property rights throughout the world including but not limited to any copyright, trade mark, domain name, business name, design, patent, circuit layout, semi-conductor or other similar proprietary rights and licenses and sub-licenses of such rights (irrespective of whether or not such rights are registered, or formal or informal); trade secrets, technical or non-technical data, knowledge, information or documentation; secret or confidential operations or information; business systems, business methods or business plans (whether registered, formal, informal or otherwise); customer lists, supplier lists and other proprietary lists, names, addresses or information not generally known; techniques, diagrams, data, proofs, prints, particulars, inventions and prototypes.

2. “Linked Websites” means Websites of people other than NexGen which are hyperlinked from this Website.

3. “Loss” means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.

4. “Personal Information” means any information from which your identity is apparent or can be reasonably ascertained as defined in the Privacy Act 1988 (Cth).

5. This “Website” means the whole or any part of the web pages located at https://www.nexgen.com.au (including the layout of this Website; individual elements of the Website design; underlying code elements of this Website; or text, sounds, graphics, animated elements or any other content of this Website).

6. “We” and “us” refer to Nexgen Australia Group Pty Ltd trading Nexgen Australiaas and “our” has a similar meaning.

These Terms and Conditions are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms and Conditions or this Website.

Nothing contained in these Terms and Conditions derogates from Nexgen’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Nexgen with respect to that use.

Nexgen Master Security License Certificate Number is 410 295 251, ID Number 108 216 452 Nexgen is a member of ASIAL.

Privacy Policy

  • 1. About this Document
    • 1.1 This document (“Privacy Policy”) sets out the policy of Nexgen Investment Group Pty Ltd Trading As Nexgen Australia – ABN 88 606 251 503 in respect of the treatment of your Personal Information or your affairs or personal particulars.
  • 2. Interaction with Telecommunications Act 1997 (Cth)
    • 2.1 Nexgen is a Carriage Service Provider and is subject to obligations set out in the Telecommunications Act 1997 (Cth)
    • 2.2 To the extent that any of your Personal Information is also information of the kind referred to section 276 of the Telecommunications Act 1997 (Cth) (in particular, information that relates to your affairs or personal particulars) Nexgen will not use or disclose that information unless permitted by the Telecommunications Act 1997 (Cth) and the Privacy Act 1988 (Cth).
  • 3. Dictionary
    • 3.1 To assist in the understanding of this Privacy Policy, the following capitalized words in this Privacy Policy have the following meanings:
      Carriage Services has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Carriage Service Provider has the meaning given to that term in the Telecommunications Act 1997 (Cth).
      Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      Related Body Corporate has the meaning given to that term in the Privacy Act 1988 (Cth).
      Sensitive Information has the meaning given to that term in the Privacy Act 1988 (Cth).
      and includes information as to race, political opinion, religious believes, sexual preferences and membership of a professional or trade association.
  • 4. Collection
    • 4.1 1 Nexgen will collect Personal Information from you if that Personal Information is necessary for one or more of Nexgen’s functions or activities.
    • 4.2 Personal Information is predominantly collected so that Nexgen can supply Carriage Services to you (or contact you in respect of a proposed supply of Carriage Services) and perform ancillary and incidental functions. This includes:
      • customer service;
      • complaints handling;
      • billing; and
      • promoting our special offers as well as offers from our Related Bodies Corporate, suppliers and/or affiliated third parties.
    • 4.3 Nexgen may collect Personal Information using several different methods. For example, Personal Information may be collected by Nexgen:
      • directly from you by telephone, email or by completing a form (e.g. Nexgen may be provided with Personal Information on a customer application form, during contractual negotiations, during voice verification etc.); or
      • from third parties such as our Related Bodies Corporate, credit reporting agencies or your representatives; or
      • from information in the public domain – however if it is reasonable and practicable to do so, we will only collected Personal Information about you directly from you.
    • 4.4 Nexgen will take reasonable steps to ensure that you are aware at the time of collection (if practicable):
      • that Nexgen is collecting the Personal Information and as to how to contact Nexgen (if this is not obvious to you);
      • that you may gain access to the Personal Information (see paragraph 9 below);
      • the purpose for which the Personal Information is collected (this may be referring you to this Privacy Policy); done by
      • of the organisations (or types of organisations) to which Nexgen usually discloses Personal Information (this may be done by referring you to this Privacy Policy);
      • of any law that requires the Personal Information to be collected (for example, for compliance with the laws relating to the Integrated Public Number Database); and
      • of the consequences (if any) of Nexgen not collecting the Personal Information (typically, this will be an inability to supply Carriage Services to you).
    • 4.5 If it is not practicable for Nexgen to take reasonable steps to ma e you aware of the matters set out in paragraph 4.4 at the time of collection, Nexgen will do so as soon as practicable after collection.
  • 5. Use and Disclosure
    • 5.1 Nexgen will generally only use Personal Information for the primary purpose for which it was collected (for example, Personal Information set out in a customer application form is collected for Nexgen). the primary purpose of facilitating the supply of Carriage Services by
    • 5.2 However, Nexgen may use or disclose Personal Information for a secondary purpose in the following circumstances:
      Reasonable Expectation
    • 5.3 Nexgen may use or disclose Personal Information for a secondary purpose if:
      • the secondary purpose is related to (or if the Personal Information is Information, directly related to) the primary purpose of collection; and Sensitive
      • you would reasonably expect Nexgen use or disclose the Personal Information for that purpose.
    • 5.4 For example, Nexgen considers that if you are a customer, you would reasonably expect Nexgen to disclose or use your Personal Information to:
      • its printing and mailing house to print and dispatch correspondence and communications to you or
      • notify the customer of special offers or promotions from Nexgen, its Related Bodies Corporate, suppliers and/or affiliated third parties; or
      • ask you to participate in a customer satisfaction survey; or
      • to its dealers, sub-contractors and agents to enable them to perform certain functions on behalf of Nexgen.
  • Consent
    • 5.5 5 Nexgen may use or disclose Personal Information for a secondary purpose if you provide your express consent or consent can be implied.
    • 5.6 Nexgen may seek your consent on an application form for services, during the voice contracting stage of your application or in some other way.
  • Direct Marketing
    • 5.7 Nexgen may use or disclose Personal Information for the secondary purpose of direct marketing.
    • 5.8 Unless paragraphs 5.3 to 5.6 allow Nexgen to otherwise use Personal Information for direct marketing, Nexgen will only use Personal Information for direct marketing to you if:
      • it is not Sensitive Information;
      • it is impracticable for Nexgen to seek your consent before that particular use;
      • Nexgen will not charge you for giving effect to a request by you to not receive direct marketing communications;
      • you have not made a request to Nexgen not to receive direct marketing communications;
      • in each direct marketing communication with you, Nexgen draws to your attention, or prominently displays a notice, that you may express a wish not to receive any further direct marketing communications; and
      • each written direct marketing communication by Nexgen with you sets out Nexgen’s business address and telephone number and, if the communication is made by fax, telex or other electronic means, a number or address at which Nexgen can be directly contacted electronically.
    • 5.9 To avoid doubt, Nexgen will also comply with the Spam Act 2001 (Cth) and Do Not Call Register Act 2006 (Cth) in circumstances of direct marketing to you.
  • Life, Health and Safety
    • 5.10 Nexgen may use or disclose Personal Information if Nexgen reasonably believes that it is necessary to lessen or prevent:
      • a serious and imminent threat to an individual’s life, health or safety; or
      • a serious threat to public health or public safety.
  • Unlawful Activity
    • 5.11 Nexgen may use or disclose Personal Information if Nexgen has reason to suspect that unlawful activity has been, is being, or may be engaged in. However, Nexgen’s use or disclosure will be limited to that which is a necessary part of Nexgen’s investigation into the matter or in reporting Nexgen’s concerns to relevant persons or authorities.
  • Permitted by Law
    • 5.12 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to:
      • a law enforcement request;
      • ccourt order or subpoena; or
      • its interception obligations.
  • Disclosure to Enforcement Body
    • 5.13 Nexgen may use or disclose Personal Information if Nexgen is permitted by law to do so. For example, Nexgen may disclose your Personal Information pursuant to an enforcement body (for example, the Australian Federal Police, ASIC, ACCC, police force etc.) if Nexgen believes that it is reasonably necessary for:
      • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
      • the enforcement of laws relating to the confiscation of the proceeds of crime;
      • the protection of the public revenue;
      • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
      • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
  • 6. Data Quality
    • 6.1 Nexgen will review, on a regular and ongoing basis, its collection and storage practices to ascertain how improvements to accuracy can be achieved.
    • 6.2 Nexgen will also take reasonable steps to make sure that the Personal Information collected, used or disclosed is accurate, complete and current.
  • 7. Data Security
    • 7.1 Nexgen will take reasonable steps to protect the Personal Information it holds from misuse and loss and from unauthorised access, modification or disclosure. It will generally do so by:
      • restricting or limiting the access to Personal Information to those of its employees, agents or contractors who have a ‘need to know’;
      • removing access from employees, agents or contractors who no longer work for or with Nexgen or no longer have a ‘need to know’;
      • reviewing and resetting passwords which provide access to Personal Information with reasonable frequency; and
      • implement enhanced security access features to prevent unauthorised access, use or disclosure.
    • 7.2 Nexgen will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the Personal Information may be used or disclosed.
  • 8. Openness
    • 8.1 The Nexgen website will contain a prominently displayed link to this Privacy Statement.
    • 8.2 Nexgen will refer any person to this Privacy Statement if that person requests information on Nexgen’s policy on the management of Personal Information.
    • 8.3 On request by a person, Nexgen will take reasonable steps to let the person know, in general terms, what sort of Personal Information is held and the reasons for which that Personal Information is generally collected. Nexgen will also provide information, in general terms, in respect of how Nexgen holds, uses and discloses that Personal Information.
  • 9. Access and Correction
    • 9.1 1 If Nexgen holds your Personal Information, Nexgen will provide you with access on request to that Personal Information, in particular, so that you can verify the Personal Information is accurate, complete and current. If the Personal Information is not accurate, complete or current, Nexgen will take reasonable steps to remedy the inaccurate, incomplete or outdated Personal Information.
    • 9.2 However, Nexgen will not provide you with access to the extent that:
      • providing access would pose a serious and imminent threat to the life or health of any person; or
      • providing access would have an unreasonable impact upon the privacy of any other person; or
      • the request for access is frivolous or vexatious; or
      • the Personal Information relates to existing or anticipated legal proceedings between Nexgen and yourself, and the Personal Information would not be accessible by the process of discovery in those proceedings; or
      • providing access would reveal Nexgen’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
      • providing access would be unlawful; or
      • denying access is required or authorised by or under law; or
      • providing access activity; or would be likely to prejudice an investigation of possible unlawful
      • providing access would be likely to prejudice:
        • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
        • the enforcement of laws relating to the confiscation of the proceeds of crime; or a prescribed law; or
        • the protection of the public revenue; or
        • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
        • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
      • an enforcement body performing a lawful security function asks Nexgen not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
    • 9.3 Additionally, if providing access would reveal evaluative information generated within Nexgen in connection with a commercially sensitive decision-making process, Nexgen may give you an explanation for the commercially sensitive decision rather than direct access to the information.
    • 9.4 Nexgen reserves the right to charge a fee for searching for and providing access to your Personal Information (except if any other law prohibits Nexgen from charging a fee). In any event,
  • 10. Anonymous Transactions
    • 10.1 Nexgen will allow its customers to transact with it anonymously wherever that is reasonable and practicable.
  • 11. Transferring Personal Information Overseas11.1 Nexgen may transfer Personal Information outside of Australia where Nexgen considers that it is necessary or desirable to do so. However, Nexgen will not transfer your Personal Information outside of Australia unless any of the following circumstances exist:
    • Nexgen reasonably believes that the recipient of the Personal Information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles contained in the Privacy Act 1988 (Cth); or
    • you consent to the transfer; or
    • the transfer is necessary for the performance of a contract between Nexgen and yourself, or for the implementation of pre-contractual measures taken in response to the your request; or
    • the transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Nexgen and a third party; or
    • all of the following apply:
      • the transfer is for your benefit;
      • it is impracticable to obtain your consent to that transfer;
      • if it were practicable to obtain your consent, you would be likely to give it; or
    • Nexgen has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles contained in the Privacy Act 1988 (Cth).