Terms and Conditions

You:

1. Acknowledge that for the purposes of the Privacy Act 1988(Cth) we are deemed to be a credit provider for the purposes of Part III-A of the Privacy Act 1988 (Cth).

2. Consent to us sharing information (Credit Reporting Information) about You (the applicant and/or the directors of the Organisation named in the application), any nominated additional guarantors and your Organisation (the entity detailed in the application) to a credit reporting agency for the following purposes:

• (a) to obtain a consumer credit report on You;
• (b) to obtain a credit report about your Organisation and its directors and any guarantors for this loan application, and for any future loan application and loan review. This may include a consumer credit report;
• (c) to allow the credit reporting agency to create or maintain a credit information file containing information about You and your Organisation.

This consent relates to every loan application you make with us.

The Credit Reporting Information may include:

• (a) identifying particulars, specifically your name, sex, address (and the previous two addresses), date of birth, and driver’s licence number, passport number, Medicare card number (if required) in case of a person;
• (b) You, your organisation’s and/or your organisation’s directors application for credit – the fact that You and your Organisation have applied for credit and the amount;
• (c) the fact that a credit provider is a current or previous credit provider to You or your Organisation;
• (d) loan repayments which are overdue by more than 60 days, and for which debt collection action has started;
• (e) advice that your loan repayments are no longer overdue in respect of any default that has been listed;
• (f) information that, in our opinion You or your Organisation have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
• (g) cheques drawn by you for $100 or more which have been dishonoured more than once;
• (h) credit limits and certain terms and conditions relating to credit arrangements;
• (i) start and end dates of particular credit arrangements;
• (j) repayment history information;
• (k) financial hardship information; and
• (l) to the extent permitted by the Privacy Act 1988 (Cth) any other information about your credit worthiness, credit standing, credit history or credit capacity.

3. Consent to us obtaining information from other financial services institutions relating to commercial loans which they have provided to You.

4. Acknowledge and confirm that you have obtained consent from the beneficial owners of your Organisation (including directors and nominated additional guarantors) to this Consent and Terms and Conditions and for us to perform the necessary credit and identity checks relevant to the loan application. Specifically, you acknowledge and confirm that these parties (including shareholders and beneficial owners) have agreed to have their identity information verified with the issuer or official record holder via third party systems.

5. Consent to us retaining your personal information and information relating to beneficial owners, shareholders, and other beneficiaries for any purpose legally required, including the legal requirements under the Anti-Money Laundering & Counter-Terrorist Financing Act 2006 (AML/CTF).

6. Consent to allowing us to use any information you provide in your application for credit for the purposes of assessing any future application you may make for credit and monitoring your loan performance.

7. Consent to us sharing your email address with company partners who provide our customers free offers and exclusive deals.

8. Consent to any personal information you provide to us (or provide to any other third party consistent with these consents), and any other information we obtain about you (including any credit information) being sent or stored overseas.

9. Consent to sharing information about any loan application, loan and Credit Reporting Information with brokers, agents and advisers you have authorised to access or receive this information. If you do not wish us to provide your information to your broker or other agent, you must contact us by email.

10. Consent to us using the secure token from illion BankStatements and BankFeeds, to save and refresh bank statement reports and obtain ongoing account transaction details for the purposes of assessing and monitoring your current and future loans. You understand that the account transaction details may include any transactional data from any accounts linked to the login credentials supplied to illion (which may include both business and personal accounts).

11. Consent to the Terms and Conditions of the bank link Service Provider (illion Data Solutions Pty Ltd ACN 166 277 845) if you choose to submit your bank statements or to login via the secure link provided by us.

12. Consent to us sharing your information with bank feed providers that retrieve your transaction data or account statements from other financial institutions and share them with us.

13. If you are a Xero customer, consent to us accessing the following data from Xero to undertake a credit assessment on you or to manage your facility with us:

• Organisation data, including, to understand the past performance of the customer’s business, user account information and contacts information, including name, address and phone number, to identify customers;
• Business transactions to identify customers and suppliers, how they contribute to customer revenues and expenses and the amount of those contributions and accounting activity data about how you use Xero;
• Financial reports by contact, including de-identified aggregated information about how customers contribute to revenues and expenses; and
• Bank statement transactions and relevant accounting data to identify the source of accounting information and get an understanding of revenues and expenses.

We will access your data for the term of your facility with us unless you revoke access through your Xero account. We may also share records of the customers facility with Xero to keep customer data in Xero up to date. The data we share with Xero will be stored by Xero and subject to Xero’s terms of use.