Privacy Policy

Introduction

"We", "us" and "our" refer to eCapital Funding Pty Ltd (ABN 87 644 317 902) and its related bodies corporate. eCapital Funding operates and is licensed under Australian Credit Licence No. 384704.

This Privacy Policy explains how we collect, use, hold, disclose and protect your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs), Division 3 of Part IIIA of the Privacy Act (where we handle credit information) and the Privacy (Credit Reporting) Code.

Why we collect personal information

We collect and hold your personal information to:

• assess your application for finance and manage that finance;
• provide the products and services you have requested;
• let you know about other products and services we offer;
• conduct direct marketing (where you have not opted out);
• manage our relationship with you and respond to your enquiries or complaints;
• comply with our legal and regulatory obligations, including under the NCCP Act, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and comprehensive credit reporting laws.

Information we collect from you

The types of personal information we may collect from you include:

• personal and contact details (name, date of birth, phone, email, residential and postal address);
• identity verification documents (driver's licence, passport, Medicare, citizenship or marriage certificates);
• Australian government identifiers such as Tax File Number and country of tax residency;
• employment, income, assets, liabilities and expense information;
• bank account and transaction data (via secure statement services where you consent);
• credit information (see "Credit Information" below);
• where relevant, information about dependants, cohabitants and referees.

We do not collect sensitive information (such as political or religious beliefs or ethnic background) unless you specifically consent and it is reasonably necessary.

Information we collect from others

We may collect information about you from third parties such as credit reporting bodies, your employer, referees, accountants, solicitors, financial advisers, real estate agents, lenders, mortgage insurers, identity verification services and publicly available sources. We may also collect information from third parties where the law requires us to do so.

Website, cookies and analytics

When you use our website, we may automatically collect technical information such as your IP address, browser type, device information, referring URL, pages viewed and time spent on the site. We use cookies and similar technologies to operate the site, remember your preferences, measure performance and improve your experience. You can disable cookies in your browser, but some parts of the site may not work as intended.

Dealing with us anonymously

You can visit our website without telling us who you are. Where you request advice or credit assistance, we are generally required by law to identify you, and we will let you know the consequences of not providing the information we ask for.

How we use and disclose your personal information

We may disclose your personal information to:

• prospective lenders, credit providers, mortgage managers and mortgage insurers;
• our mortgage aggregation and lender-panel service providers;
• credit reporting bodies (see "Credit Information" below);
• valuers, insurers, solicitors, accountants, real estate agents and other advisers involved in your transaction;
• identity verification, fraud prevention and anti-money laundering service providers;
• our contractors and service providers (including IT, hosting, CRM, email, SMS, analytics and secure statement providers);
• government and regulatory bodies where required or authorised by law (including AUSTRAC, ASIC and the ATO);
• any person you have authorised to act on your behalf;
• prospective purchasers of our business.

Credit Information

To assess your eligibility for finance, we may obtain a credit report from a credit reporting body (CRB) and disclose credit information about you to CRBs, lenders and other credit providers. Credit information may include:

• identification information;
• consumer credit liability information (loan type, credit limit, dates opened and closed);
• repayment history information;
• details of previous credit applications;
• default information and payments in relation to default information;
• court proceedings information and personal insolvency information;
• publicly available information;
• credit ratings, scores or evaluations.

A separate Privacy Consent is provided when you apply for finance which sets out these matters in more detail, including the CRBs we deal with and your rights.

Direct marketing

We may use your personal information (excluding sensitive information and government identifiers) to send you information about products and services we believe may interest you. You can opt out at any time by using the unsubscribe link in an email, replying STOP to an SMS, or contacting us on the details above. We will process your opt-out request promptly and without charge.

Security of your information

We take reasonable steps to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. Personal information is held in electronic form on secured systems, protected by measures including access controls, encryption in transit, audit logs and staff training. When personal information is no longer required and we are not required by law to retain it, we take reasonable steps to destroy or de-identify it.

Cross-border disclosure

Some of our service providers (for example cloud hosting, email delivery and customer support services) are located outside Australia, including in the United States, the European Union and the Philippines. Where we disclose your personal information overseas we take reasonable steps to ensure the recipient handles it in a way consistent with the APPs.

Access and correction

You may request access to the personal information we hold about you, or ask us to correct it, by contacting us on the details below. We will respond within a reasonable time (generally 30 days). We may refuse access in the limited circumstances permitted by law, and we will explain the reasons if we do.

Complaints

If you believe we have breached the Privacy Act, the APPs or the Credit Reporting Code, please contact us on the details below. We will acknowledge your complaint promptly and aim to resolve it within 30 days.

If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner:

• Website: www.oaic.gov.au
• Phone: 1300 363 992
• Mail: GPO Box 5218, Sydney NSW 2001

Credit-related complaints may also be referred to the Australian Financial Complaints Authority (AFCA) on 1800 931 678 or at www.afca.org.au.

Notifiable data breaches

If a data breach involving your personal information is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme.

Changes to this policy

We may update this Privacy Policy from time to time. The current version is always available on our website. Material changes will be highlighted on our website. A paper copy is available on request, free of charge.