AIRR has adopted this Policy to ensure that it collects, holds, uses and discloses personal information, credit information, credit eligibility information, credit reporting information and CRB derived information in accordance with the APPs and Act.
AIRR will maintain and regularly review this Policy and intends to comply with the APPs and the Act.
This Policy will be made available on AIRR’s website (but may be requested in other forms). You may also request a printed copy from a branch, which will be provided free of charge and within a reasonable timeframe.
2. Policy Objectives
It is the objective of this Policy to detail how AIRR intends to abide by its obligations under the Act
3. Policy Scope
This Policy applies to all of AIRR.
Access Seeker has the same meaning as in the Act.
Act means the Privacy Act 1988 (Cth).
APPs means Australian Privacy Principles set out in Schedule 1 of the Act.
CRB derived information has the same meaning as in the Act.
Credit has the same meaning as in the Act.
Credit eligibility information has the same meaning as in the Act.
Credit information has the same meaning as in the Act.
Credit reporting information has the same meaning as in the Act.
Government related identifier has the same meaning as in the Act.
Joint Ventures and Services Partners means entities for whom AIRR distributes products or services to clients on an exclusive or preferential basis as part of its general service offering and to whom AIRR is required to provide Personal Information in order for them to manage those products or services for you.
Personal information has the same meaning as in the Act.
Sensitive information has the same meaning as in the Act.
Service Provider means any third party that AIRR engage (or enter negotiations with a view to engaging) to provide services to support the AIRR business.
5. Policy Content
PART 1 – CONSIDERATION OF INFORMATION PRIVACY
Open and transparent management of information
AIRR collects personal information which is reasonably necessary to:
consider account and credit applications;
maintain your account and contact details;
process transactions to which you are a party;
advertise, promote and provide you with products or services distributed by AIRR;
improve website and web services.*
*When you visit the AIRR website, our internet Service Provider records the following information: your IP address; the date, time and duration of your visit; the number of pages you have downloaded; and the type of browser you use. Google analytics demographic and interest reporting may be used to develop specific offers or advertising from time to time.
AIRR may ask for personal, business and contact details along with financial information (including details of assets and liabilities). AIRR may also ask you for your bank account details. AIRR will generally do this by asking you to complete an application form. AIRR may also ask you for this or similar information personally.
If you make an application for commercial credit with AIRR, we will also collect certain kinds of credit information, credit reporting information and credit eligibility information from you, which may include (but is not limited to):
information to identify you (such as your name, date of birth, email or postal address);
the fact that you have applied for credit and the amount;
the fact that AIRR is a credit provider to you;
information arising from your commercial credit dealings with us.
Such information will only be collected by lawful and fair means. Information collected will be held either in hard copy or electronically.
To enable AIRR to assess an application for credit, or provide you with information about our products and services, AIRR may (where it is lawful to do so) disclose your information to credit reporting agencies and other third parties such as mailing houses, electronic network administrators or other companies that are part of AIRR. The information AIRR may disclose for credit reporting purposes includes:
the fact that you have applied for credit and the amount;
the fact that AIRR is a credit provider to you;
payments which become overdue and for which debt collection action has commenced.
AIRR may also use your personal information provided to obtain credit eligibility information from third parties, such as a credit report:
obtained from a credit reporting agency containing personal information about you;
containing information about your commercial activities, credit activities or creditworthiness from a credit reporting agency which provides information about the commercial creditworthiness of a person.
By undertaking a credit assessment, AIRR is likely to receive credit eligibility information or CRB derived information about you from credit reporting bodies. This information could include repayment history, the type and amount of credit sought, default/payment information and whether you are, or have been, subject to court proceedings or personal insolvency.
Anonymity and pseudonymity
AIRR will allow its customers to transact with it anonymously or by using a pseudonym, wherever that is reasonable and practicable.
However, this will not be possible if AIRR is required or authorised by Australian law or other instrument (such as an order of a court or tribunal) to deal with customers who have been appropriately identified or where it is impracticable for AIRR to deal with individuals who have not identified themselves or who would prefer to use a pseudonym. Examples of this impracticality include:
when you transact using your AIRR account;
when you buy prescribed products and the law requires AIRR to maintain a register of purchasers; and
where you are contracting with a third party (for example, when you enter a contract to sell livestock or real estate).
PART 2 – COLLECTION OF INFORMATION
Collection of solicited information
AIRR will only collect personal information and credit information from you if it is reasonably necessary to provide goods or services to you (including on credit) or undertake ancillary functions for you. AIRR will only collect information for the purposes for which AIRR advised you it was collecting it for, or a related purpose which would reasonably be expected, or otherwise with your permission. For example, AIRR may from time to time use your personal information to provide information about products, services, promotions and campaigns which it expects may be of interest to you. Generally, AIRR collect personal information through account opening/application forms, contracts to which you are a party, and other forms completed by you when dealing with AIRR (including when participating in a promotion or competition). AIRR will also collect credit information this way, and from your dealings with us. AIRR may also collect credit eligibility information, credit reporting information and CRB derived information from credit reporting agencies (as detailed above).
AIRR may also collect your information to do one or more of the following:
assess an application for credit;
open a credit account for you;
maintain your account;
process transactions on your behalf;
notify you of any products or services distributed by AIRR that may be of interest to you (including products or services offered by Joint Ventures and Service Partners);
register any security interest AIRR may have in connection with your credit account on the Personal Property Securities Register or another security register;
enable AIRR to meet its obligations under certain laws or pursuant to court documents (subpoenas or orders) that are served on AIRR;
any purpose for which the information was requested and any directly related purpose; or
developing, improving and marketing products and services.
AIRR collects and uses your credit eligibility information, credit reporting information and CRB derived information for commercial credit related purposes only. Any disclosure (if any) will only occur by lawful means.
AIRR will generally not be required to collect sensitive information about you. AIRR will only do so if it is considered reasonably necessary for AIRR to collect such information for AIRR to perform its functions or activities and you consent, or another circumstance is provided for that enables that to occur (such as collection is required or authorised under an Australian law or by order of a court/tribunal).
Dealing with unsolicited personal information
If AIRR receives personal information about you from a source other than you, or it is information provided by you which AIRR did not request, AIRR will to determine, within a reasonable period, if it could have collected such personal information under APP 3. If AIRR determine that it could have collected the information under APP 3, AIRR may then use, and treat, that information as if it had collected the information in that manner. If AIRR determines that it could not have collected the information under APP 3 and so long as it is lawful and reasonable to do so, it will destroy or de-identify that information as soon as practicable.
Notification of the collection of information
When AIRR is collecting personal information and credit information about you, AIRR will take reasonable steps to notify you, either at or before the time of, or as soon as reasonably practicable after, collection why AIRR is collecting such information (which may have already been outlined in a contract with you). This is particularly relevant if AIRR collect information about you from someone other than yourself. For example, AIRR may receive personal information about you from a credit reporting agency.
AIRR will also take steps that are reasonable in the circumstances to, among other things, make it clear to you if it is required to collect such information by reason of an Australian law or some other legal instrument (such as a court or tribunal order), why it is collecting such information and the potential consequences for you if such information is not collected.
PART 3 – DEALING WITH INFORMATION
Use or disclosure of information
AIRR collects personal information from you for a specific reason as described in APP 3. This is referred to as the primary purpose. AIRR will not use or disclose the collected information for a secondary purpose unless you consent to AIRR doing so, or under the circumstances involved, AIRR believe you would reasonably expect AIRR to use or disclose the information for a secondary purpose related to the primary purpose.
In the event that AIRR hold sensitive information about you, AIRR will only use or disclose that information with your consent or if the use or disclosure is otherwise permitted under the APPs or the Act, such as where the use or disclosure is directly related to the primary purpose and within your reasonable expectations.
AIRR may also disclose your personal information or sensitive information if it is required to do so by an Australian law, by order of a court or tribunal or if AIRR reasonably believes that the use or disclosure of the information is reasonably necessary for an enforcement related activity, by or on behalf of an enforcement body, in which case AIRR will make a written note of the use or disclosure. A disclosure may also be made where a permitted general situation or permitted health situation exists as provided for in the APPs.
AIRR uses Service Providers to provide services to support AIRR’s business. These Service Providers may perform services or assist to provide services to you, by handling your personal information on AIRRs behalf or by using their own affiliates to provide these services. For example, AIRR engages Service Providers to provide IT services, cloud storage, workforce management software services, vehicle fleet management services and website analytics services. AIRR’s Service Providers may need to access your personal information in connection with providing these services. The Service Providers may be based in Australia or in countries overseas, including in India, Canada and Ireland.
AIRR only discloses your personal information to Service Providers in accordance with this Policy and the Act. AIRR does not authorise use or disclosure of your personal information for any other purposes other than in connection to the provision of the services provided to us.
AIRR will only use personal information collected for the purpose of direct marketing where AIRR:
collected the information;
believes you would reasonably expect AIRR to use or disclose the information for direct marketing; and
provide an option for you to request that AIRR do not use the information for direct marketing – and you have not taken up this option.
If AIRR collected the information involved from you and you would not reasonably expect AIRR to use or disclose the information for the purpose of direct marketing, or collect the information from someone other than you, AIRR will only use or disclose the information with your consent or where it is impracticable to obtain your consent. Either way, a simple means will be provided to you by which you may request not to receive direct marketing communications from AIRR.
When AIRR uses or discloses any personal information collected for direct marketing purposes, those materials will provide you with an option to declare you do not wish to receive such material in the future. If requested, AIRR will provide you with the source of any information used or disclosed for direct marketing purposes, whether that direct marketing be by AIRR or another organisation. AIRR will also provide you with the opportunity to request that it, or the other organisation, does not send direct marketing information to you. AIRR will not charge for that request and will action it in a reasonable time frame. You may also request that AIRR not use or disclose information to facilitate direct marketing by other organisations.
Cross-border disclosure of information
The Service Providers used to support the AIRR business (including to handle personal information on AIRR behalf where required or for complimentary software to support business functions) may be based in Australia or in countries overseas, including in India, Canada and Ireland. Where possible, AIRR will take reasonable steps in the circumstances to ensure overseas recipients comply with the Act, or any corresponding law in the relevant jurisdiction, when handling information and have precautionary measures in place to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes credit eligibility information received.
AIRR will only transfer personal information about an individual to someone (other than a member of AIRR or the individual) who is in a foreign country if AIRR reasonably believe that the recipient of the information is subject to a law or binding scheme substantially similar to the way in which the APPs protect the information and there are mechanisms that can be used to take action or enforce those laws or binding scheme. AIRR may also transfer personal information cross-border if you specifically consent to AIRR doing so, or AIRR are required to do so under Australian law or an order of a court or tribunal, a permitted general situation exists, or AIRR are required or authorised by or under an international agreement relating to information sharing to do so. Otherwise, AIRR will take reasonable steps under the circumstances to ensure that the overseas recipient does not breach the APPs in relation to the information.
Adoption, use or disclosure of government related identifiers
Generally, AIRR does not use government related identifiers. AIRR will not use or disclose a government related identifier unless the use or disclosure of the identifier is:
reasonably necessary for AIRR to be able to verify your identity for the purposes of AIRR activities or functions; or
reasonably necessary for AIRR to fulfil any obligations it may have to a government agency or a State or Territory authority; or
required or authorised by or under an Australian law or order of a court or tribunal; or
where a permitted general situation exists in relation to the use or disclosure of the identifier.
AIRR may use or disclose such an identifier if it is reasonably necessary for an enforcement related activity by, or on behalf of, an enforcement body. AIRR may also use or disclose a government related identifier related to you if that is prescribed for by regulation.
PART 4 – INTEGRITY OF INFORMATION
Quality of information
AIRR will take steps as are reasonable in the circumstances to ensure that the information it collects from you is accurate, up-to-date and complete. Where information is collected from you directly, AIRR rely on you to supply accurate information and it may not consider that further steps are required. AIRR will also ensure that steps as are reasonable in the circumstances to ensure that the information it collects, uses or discloses are, when considered in relation to the purpose for which AIRR are using or disclosing the information, accurate, up-to-date, complete and relevant.
Security of information
AIRR will take all steps reasonable under the circumstances to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure. If AIRR no longer require the holding of information, it will take all reasonable steps under the circumstances to destroy or de-identify the information. However, AIRR may retain documents that contain information in accordance with document retention practices and requirements under Australian law or any order of a court/tribunal. For example, AIRR may retain copies of contracts to which you are a party, even though the contracts may contain personal information about you. Similarly, personal information provided for the purposes of establishing or varying the terms of a trading account will be retained on file for document retention purposes.
AIRR, as a large Australian business, operates through several different entities and has relationships with various suppliers of goods, software and the like. This includes some Service Providers who may be offshore such as those providing cloud storage or IT servers. AIRR will take reasonable steps with respect to information to ensure that any information collected, held, used and disclosed will comply with the Act and any corresponding law where information is collected, held, used or disclosed offshore.
PART 5 – ACCESS TO, AND CORRECTION OF, INFORMATION
Access to information
You can request access to the personal information that AIRR holds about you by contacting the AIRR’s Privacy Officer whose details are set out below. AIRR may need to verify your identity to provide you with access and consider whether any exceptions to access apply.
In relation to requests to access information, AIRR will generally provide you with access to your information on request, unless:
giving access would be unlawful; or
denying access is required or authorised by or under an Australian law or a court/tribunal order; or
giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Where AIRR provides you with access to your personal information it will do so within a reasonable time after receiving your request and in the manner requested by you (if it is reasonable and practicable for AIRR to do so). AIRR may charge a reasonable fee for giving access to the information.
With credit eligibility information, access will be provided to you or an Access Seeker as required unless to do so would be unlawful, contrary to Australian law or a court/tribunal order or where giving access would likely prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body. Any request will be responded to within a reasonable period (usually within 30 days) after the request is made. A reasonable fee will be charged for access in these circumstances.
AIRR may refuse an application for credit. If it does, and the refusal is based wholly or partly on credit eligibility information from a credit reporting body, AIRR will provide you with a written notice within a reasonable period providing details for the refusal.
If AIRR determines not to release information to you, it will provide you with written notice setting out the reasons for refusal and your review options.
Correction of information
If AIRR determines that information held is inaccurate, out-of-date, incomplete, irrelevant or misleading, or you request AIRR to correct the information (or any CRB derived information), it will take all such steps as are reasonable in the circumstances to correct the information held, after considering the reason why AIRR hold the information, and to make sure it is accurate, up to date, complete, relevant and not misleading. If AIRR had disclosed the original information to a third party or you request AIRR to advise another party, AIRR will take all reasonable steps to update that other party unless it is impracticable or unlawful to do so. Unless required not to by law or it is impracticable to do so, AIRR will provide you with written notice within a reasonable period as to any correction made to information.
If AIRR refuse to correct the information held, AIRR will provide you with written notice as to the reasons for refusal, how you can complain about AIRR refusal and any other matter AIRR may be required to advise you about in the circumstances. If AIRR have refused to correct information held, you may request AIRR associate a statement from you, with the information held, that you believe that the information held is inaccurate, out-of-date, incomplete, irrelevant or misleading. If such circumstance arises, AIRR will take all reasonable steps under the circumstances to associate any such statement.
If AIRR receives a request from you to correct information held by us, AIRR will respond to that request within a reasonable period after receiving the request. AIRR will not charge for your request, the correction of information or associating a statement.
Enquiries regarding this Policy or the information AIRR may hold on you, should be addressed to the Privacy Officer, whose contact details are below.
If you have any enquiries, requests, complaints or breaches to report about the collection, holding or management of your information, please contact the Privacy Officer via the contact details set out below so that AIRR may attempt to resolve the issue with you quickly and directly.