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).
- ‘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:
- 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?
NexGen may in rare circumstances collect personal information from people who are under the
age of 18. If NexGen does this, NexGen may also collect personal information about the parent or
guardian of that person.
NexGen also collects personal information about all the individuals who are involved in the performance by NexGen of its functions and activities. This includes:
- 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 inquiries. 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
- 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);
- identify any law that authorises or requires collection of the information;
- 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
The way we do this will depend on how you are dealing with us. For example:
- When personal information is collected via the NexGen website, a statement is displayed or a link provided to a statement that sets out the information we are required to provide to you in respect of the collection.
- When you deal with us on the telephone, this information is given to you by the operator or via a recorded message.
If we collect personal information about you from a third party, we take reasonable steps to ensure you receive the information we are required to provide. However, we may do this by requiring the third party to provide the information, rather than us providing the information to you directly.
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
- Unless you have provided consent, or we think it is impracticable to obtain your consent, NexGen will not use your personal information for direct marketing purposes where we have obtained the personal information from a third party, or we have collected it directly from you but believe that you would not reasonably expect the information to be used for direct marketing.
- 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 firstname.lastname@example.org 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 email@example.com 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 inquiries 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.
- 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 firstname.lastname@example.org
Dealing with Nexgen on-line
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.
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.
Attn: Privacy Officer
Address: PO BOX 2267 North Parramatta NSW 1750
ABN 24 606 252 484
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
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 Australia Group Pty Ltd trading as Nexgen Australia ABN 24 606 252 484 (“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.
- The clauses below set out:
- 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
- Important information about our collection, use, disclosure and management of your personal information.
- 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:
- 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;
- protecting us and our assets (including against fraud) and selling our assets (including by assigning any debts);
- enforcing our rights (including undertaking debt collection) in connection with any credit provided to you;
- considering any variation requests;
- managing, changing and improving our systems and processes;
- 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);
- marketing products and services provided by us and our related entities;
- developing an understanding of goods and services you may be interested in receiving from us and related entities;
- compiling statistical data, e.g. credit scoring information.
- 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.
- 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.
- 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:
- 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
- Any person as permitted or required by law.
- Our website at www.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.
- 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.
- 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.
- 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.
- 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.
ACKNOWLEDGMENTS AND CONSENTS AND AUTHORISATION
- You acknowledge that this application contains:
- important information about privacy (including about credit reporting) that you should read before signing; and
- important privacy‐related consents and authorisations (including relating to uses, disclosures and overseas transfers of your personal information);
- 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
- 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.