Privacy Disclosure Statement & AML/CFT Consents

 

Overview

This statement describes how your personal information is collected, used, handled and disclosed by Crown Financial Services Limited (CFS, we, us, our), a financial institution, in connection with any application for products and services submitted by you. It also describes how we collect, use, handle and disclose your personal information that is collected in connection with a credit or finance application, such as details relating to your credit history, credit standing, credit capacity and credit worthiness, and any personal information that we subsequently collect in connection with your finance arrangements with us.

The information we collect from you will be treated in accordance with the New Zealand Privacy Act 1993 and the Australian Privacy Act 1988 and the Privacy Principles of each Privacy Act (collectively, Privacy Laws), when dealing with personal information.

This policy sets out how we collect, use, disclose and protect your personal information and does not limit or exclude any of your rights under Privacy Laws. Further information on Privacy Laws can also be accessed via www.privacy.org.nz or www.oaic.qov.au

By using our websites, applications and services, or otherwise providing us with your personal information, you consent to us collecting, holding, using and disclosing your personal information as set out in this Policy.

Email communication

If you provide us with an email address for correspondence, you consent to electronic communications being sent to you via that email address, including notices and reminders. 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.

Privacy Disclosure statement and consent

We are collecting credit and personal information (Information) about you (as applicable):

  • to source for you, or a company of which you are a director/shareholder:
    • commercial credit for business purposes; or
    • other services stated in this Privacy Disclosure Statement and Consent; or
    • consumer credit for personal, household, domestic or residential investment purposes (if applicable);
  • to support a guarantor application you will provide.

We require the personal information we collect from you to assess your credit, or borrower/guarantor application or the credit application of a company of which you are a director/shareholder, source a suitable credit provider and any required insurances and to manage the application process, where required. If you do not provide the information sought by us, we may be unable to process your application, or the company’s application, or we may be limited in the other services we can offer you or the company.

Collection and use of your personal information

The personal information collected about you is collected primarily for the purposes of:

  • considering your credit application for our products/services ie. credit checks and whether you qualify for such products/services
  • administering your loan (if approval has been granted)
  • enforcing payment and other legal obligations owed by me/us to us including in the event of any default by me/us, under any agreement with us, we may report that default to a credit reporting body (where permitted to do so under law, use the services of enquiry agents, and/or place the debt with a collection agent
  • other further finance offerings by CFS and its associated and related companies
  • verifying your identity through third parties (including credit reporting bodies (CRBs) under Privacy Laws and the Anti-Money Laundering Countering of Terrorism Act 2009 and Regulations (AML Laws) as may be required from time to time. By providing us with the following information, you consent to us giving such information to CRBs for this and other purposes set out below:
    • your full name, including any known aliases, your sex and your date of birth
    • your most recent three addresses
    • the name of your current or last known employer
    • your driver’s licence number(s) including any unique reference number(s)
    • the fact that you have applied for credit and the amount
    • the fact that we are a current credit provider to you
    • details of payments which are more than 60 days’ overdue where debt collection action has commenced
    • advice that payments are no longer overdue
    • the fact that the credit we provide has been paid or discharged
    • that in certain circumstances, you have committed a serious credit infringement
    • Credit Providers and Credit Reporting Bodies

As part of providing our services to you, we may undertake tasks for a credit provider which are reasonably necessary to manage the application process. When doing so, we are acting as agent for the credit provider, with the same privacy law requirements applying to both of us.

We may submit your application to one or more credit providers. A credit provider, to whom we submit an application, may disclose information about you to, and collect information about you from, from one or more CRBs.

The CRBs that we may use or disclose information about you include, but not limited to Equifax and Centrix. The website of each credit provider contains details of each CRB with which it deals and other detail about information held about you and describes your key rights. This detail may be described on the credit providers’ websites as ‘notifiable matters’, ‘privacy policy’, ‘credit reporting policy’ or ‘privacy disclosure statement and consent’, and includes:

  • that the CRB may include information the credit provider discloses about you to other credit providers to assess your credit worthiness
  • that, if you become overdue in making consumer credit payments or you commit a serious credit infringement, the credit provider may disclose that information to a CRB
  • how you can obtain the creditor provider’s and/or CRB’s policies about managing your credit information
  • your right to access and/or incorrect information held about you and to complain about conduct that may breach the privacy and credit reporting laws
  • your right to request a CRB not to undertake pre-screening for purposes of direct marketing by a credit provider
  • your right to request a CRB not to release information about you if you believe that you are a victim of fraud
  • This detail will also be included by the credit provider who approves your application in the privacy disclosure statement and consent document it will provide to you.

Each credit provider website includes information on how to contact the credit provider and how to obtain a copy of its privacy documents in a form that you suits you (e.g. hardcopy or email).

Some of the parties with which a credit provider exchanges your information, including the service providers and other third parties listed in this application, may be located outside New Zealand in countries including Australia. A more detailed list of countries where a credit provider is likely to disclose personal information to is set out on a credit provider’s website. A credit provider may also need to send your information overseas in order to process transactions you have instructed the credit provider to make, such as international money transfers. The countries to which a credit provider discloses your information will depend on a given transaction.

We and the credit provider may collection information from someone other than you. Without limitation, you authorise us and the credit provider and consent to us and the credit provider collecting information from:

  • a CRB, information about you for the purpose of:
    • assessing an application for commercial credit made by you collecting overdue payments; or
    • assessing whether to accept you as a guarantor for commercial credit; and
  • a business which provides information about the commercial credit worthiness of persons and information about your commercial activities or commercial credit worthiness, which is not credit reporting information.

Disclosure of your personal information to overseas organisations

Some of the organisations to whom we disclose your personal information may be located overseas. Australian Privacy Laws and the corresponding Australian Privacy Principles (APPs) require relevant Australian entities to ensure that, before disclosing personal information overseas, reasonable steps are taken to ensure that overseas recipients do not breach Australian Privacy Laws or the APPs (APP 8.1). It is not always possible to ensure that overseas recipients will comply. We do not take any responsibility for the actions of overseas third party recipients of personal information.

Your personal information may also be transferred overseas if we sell, transfer or disclose our database of personal information to an actual or potential successor entity, purchaser or investor who is located or has offices overseas. It is not practicable to specify the likely countries in which recipients of information may be located in this regard.

Your personal information may also be collected/shared for some secondary purposes including:

  • Crown Financial Services Limited (CFS) or any of its subsidiaries or related entities (together, the Crown Group, and any of the Crown Group’s employees, contractors, advisers, and agents), corresponding with you in relation to your financial arrangements with us. More specifically, if you have provided your personal information in relation to a credit application for or on behalf of a borrower, co-borrower, guarantor, each of you agree and consent to the Crown Group providing your personal information to the other of you. The Crown Group will be entitled to accept instructions from either of you (unless requested otherwise) to the access to, use of or amendment to your personal information by the Crown Group
  • Your personal information may also be used by, and you consent to the use of your personal information by, any Crown Group member to keep you informed about other financial opportunities, products and services of any Crown Group member, including by email, by text message, by Crown Group’s online portals (if any) or by any other electronic means. Any electronic communication offering other financial opportunities, products or services will include an unsubscribe facility.
  • any third parties (as instructed by you and in other ways permitted by Privacy Laws) in New Zealand and Australia (but not limited to) or elsewhere, that provides services to the Crown Group (note that if you are a borrower/guarantor/investor and have opted for Electronic Identity Verification in connection with an application, your information will be shared with external agencies who may use a credit file header database to verify your address (note, however, this is not a credit check)). Third parties may include sources in accordance with Verifi Identity Services’ privacy policy and other policies listed on Verifi Identity Services’ website. It is important to note that while the Crown Group takes reasonable steps to ensure that third parties do not breach the Privacy Principles, we are not responsible nor can we be held responsible for the privacy policies of such linked websites of third party sources. This privacy policy applies solely to information collected on our website by us
  • we may also release personal information where we believe this is appropriate for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, regulators, legal and professional advisers), or to assist with court proceedings, enforce or apply our terms of use, or protect ourselves, our website users or clients, and others
  • any other person or entity where it is relevant to do so for the purposes set out above

Information about other persons

We may collect information about a third party from you as part of your application for finance with us. If we require this information, you agree to notify that third party:

  • that you are providing this information to us
  • of our contact details on this form
  • the reason you are providing that third party’s information to us
  • of the fact that personal information is collected, used and disclosed as described above; and
  • that, should that third party seek correction of their information that is held by us, they should do so by contacting us by phone +64 9 973 5888 or by email info@crownfinancial.co.nz

 

Disclosure of your personal information

By submitting an application to us, you consent to us disclosing your information in the following circumstances:

  • to any other applicant or guarantor involved in your credit application for credit or finance
  • to any undisclosed principal for whom we may be acting under any agreement that we may have with you
  • to participants involved in any funding, securitisation or assignment of your loan contact
  • to our related entities
  • to an insurer or insurers to source any insurances you wish to obtain
  • in accordance with any consent you give to us or where disclosure is authorised or compelled by law

Privacy Act 1993 Acknowledgment & Consent

  • I/we acknowledge that you understand and you consent to the collection, use and disclosure of my/our personal and credit information as outlined above.
  • I/we, acknowledge and undertake that all the information provided by me/us is true and correct and that no information has been withheld that might affect our decision on your loan application.
  • I am/we are:
    1. over the age of 18 years
    2. not undischarged bankrupt/s
    3. liable under any proceedings under the Insolvency Act 2006 and its amendments
    4. authorise us to send this loan request to any third parties including CRBs and other Credit Provider(s)
    5. agree that the Credit Provider may collect from CRBs, other Credit Providers, my/our employer, accountant or other named person/s or relative(s), such personal, financial and commercial information and references about me/us as is necessary for the purpose(s) of assessing your loan request. Also, I/we agree that you may produce this authority to such third parties for the purpose(s) of collecting such information.
    6. I/we agree to meet the cost of any securities and/or registration of same (if required) to support this loan request, such valuation (if any) to be obtained by you as a direct result of this loan request. My/our solicitor(s) or agent(s) are authorised to accept any notification(s) on my/our behalf.
    7. I/we understand that you may use or disclose personal information about me/us to CRBs including, but not limited to Centrix Reporting Services and Equifax to credit check me/us including verification of my/our identity as may be required to do so by laws such as the Anti-Money Laundering and Countering of Terrorism Act 2009 and Regulations (AML Laws) as may be required from time to time. We may not be able to process your credit application without the necessary AMLCFT Laws information. Where the personal information may readily be retrieved, I/we shall have access to it and the right to request correction.
    8. I/we understand there is no obligation to provide personal information, including driver licence details (or any other identification numbers) to us and that I/we consent to us disclosing your driver’s licence number (or any other identification numbers) to Centrix Reporting Services and Equifax (but not limited to) and any other third parties in order to process my/our credit application; but if I/we fail to supply any information requested, or do not agree to any of the disclosures detailed in this acknowledgement, my/our application may not be accepted. I/We certify that all information contained in this application is true and correct, and where applicable, I have the permission of my business partner to disclose his/her personal information.
  • I/we authorise you to make all necessary enquiries and receive information concerning my/our credit rating, any outstanding fines, residence, employment and my/our identity from other credit providers, CRBs, identity verification service entities, government agencies, employer, accountant, or other named persons, and where applicable, to obtain such information relating to my/our driver licence(s) from the New Zealand Transport Agency databases as is authorised by the Land Transport Act 1998, for the purpose of considering this application. I/we agree that this authority may be provided to such third parties for these purposes. I/We also agree that my personal information may be shared with New Zealand Post, or any other entity employed by us, for the purpose of verifying my/our identity.
  • I/we understand that you will give my/our personal information to CRBs and that those CRBs may hold the information on their systems and disclose it to authorised users of the CRBs’ services. I/we also understand that information about my creditworthiness and credit history may be disclosed to any credit provider named in a credit report relating to me/us.
  • You consent that your personal information may be disclosed overseas and that Australian APP 8.1 will not apply to that disclosure. This means that you will not have recourse against us under Australian Privacy Laws and Principles in the event that an overseas recipient of your personal information breaches the Australian Privacy Principles (APPs).
  • I/we authorise you to have its financial interest noted on your insurance policies for any collateral granted as security on any loan with us.
  • I/We acknowledge that if you provide finance, you may collect and monitor such personal information about me/us as is necessary for the administration and protection of such credit (including without limitation utilising any CRBs’ monitoring services to receive updates if the information held about me/us changes), and may disclose repayment history information, details relating to my/our account, and any payment default information to CRBs which may hold the information on their systems and disclose it to authorised uses of the CRBs services. We may also (if necessary) disclose my/our personal information to fraud reporting agencies and to any person which we may appoint to assist in enforcement of any agreement between you and me/us.
  • I/we authorise CFS and all of its related entities to share and use all personal information held about me/us now or in the future to offer me/us now or in the future to offer me/us further finance, to consider any future application of finance from me/us, and to offer or provide me/us with details of other products and services from time to time. The personal information will be held at the offices of CFS or the Crown Group. Where the personal information may readily be retrieved, I/we shall have access to it and the right to request correction.
    You understand that you can directly access your personal credit information from Equifax and that if it is incorrect, request that it be corrected. The information can be accessed through the website www.mycreditfile.co.nz or phone 0800 692 733 or by writing to Equifax via email: publicaccessnz@equifax.com or post PO Box 91202, Victoria Street West, Auckland 1142, New Zealand
  • I/we agree that you may communicate with me/us via mail, email or telephone (including SMS/MMS) for all purposes but understand that there may be security risks relating to the electronic transmission of information, and that the Crown Group cannot guarantee confidentiality. If my/our application is approved, I/we consent to all disclosure documents required for the purpose of the Credit Contracts and Consumer Finance Act 2003 being sent either by mail or in electronic form. I/we also consent to receiving text messages, emails or other electronic communications from us (or its research and marketing agencies) regarding other products and services offered by us and acknowledge that this information may be sent whether or not I/we have a current loan with us.

 

Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AMLCFT Act) Acknowledgment & Consent

In making this loan application, I/we, acknowledge and declare that I am/we are not a PEP as defined under section 5 of the AMLCFT Act.

I/we confirm that I am/we are authorised to act and to provide the personal details presented, and I/we consent to my/our personal information being passed to and checked with the document issue, official record holder, a credit provider and authorised third parties for the purposes of verifying my identity and address.

I/we also confirm that I/we have the express authority to bind the company in my/our capacity as a Director and/or Shareholder of the Applicant and/or Guarantor.

By giving my/our agreement to this consent, on paper or on-line, I have also ticked the box below to accept/confirm that I am/we are giving my/our express consent for my/our details to be checked.

I/we have fully read and fully understood CFS’ Privacy Policy, Credit Consent, AML Laws Consent and other services outlined in these terms and conditions.