Our privacy policy

About this statement:

Ottley Capital Holdings Pty Ltd is committed to respecting the privacy of your personal and sensitive information. This policy statement explains how we collect, store, use and disclose personal amd sensitive information and what steps we take to comply with Privacy Laws.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (CTH) (The Privacy Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.

It is important that you read and understand this Privacy Policy.

What is personal information?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect may include, but is not limited to: names, addresses, email addresses and phone numbers. Personal information also includes Credit Information.

This Personal Information is obtained in many ways including meetings, interviews, correspondence, by telephone and facsimile, by email, via our website www.ottleycapital.com, from your website, from media and publications, from other publicly available sources and from third parties. We don’t guarantee website links or policy of authorised third parties.

What is Sensitive information?

Sensitive Information is defined in the Privacy Act to include information or an opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

• For the primary purpose for which it was obtained;
• For a secondary purpose that is directly related to the primary purpose; and
• With your consent; or where required or authorised by Law.

Credit Eligibility Information

Is a type of personal information obtained from credit reporting data which may be obtained from external credit reporting bodies, that will assist us in making decisions about your credit worthiness as a borrower, guarantor or counter-party to one of our credit facilities. We may use this information to help us understand:

• Your potential ability to meet the commitments under your credit facility:
• Your previous credit history with other credit providers you have entered into agreements with; and
• Your suitability for our credit products; and
• Any other matters which may assist us in making an assessment of your application for credit with us.

We do not always rely on your Credit Eligibility Information in isolation, however we may use it in conjunction with other Personal Information in order to make a decision on credit applications you make with us.

Credit Information

Credit Information is a type of Personal Information that we may collect during the course of your interactions with us. Credit Information may include (but is not limited to):

• Your name, address, date of birth or other information that may be used to identify you;
• Information about your current and/or closed credit accounts, your repayment history (including overdue payments greater than 60 days and for which collection activity has commenced) and/or the types and amounts of credit applied for;
• Information obtained from a Credit Reporting Bureau (including the status of overdue payments);
• Arrangements you may have entered into with a Credit Provider, in relation to credit facilities currently or previously held in order to rectify serious credit infringements or defaults;
• Information about Court Judgements relating to current or past credit you have obtained or applied for;
• Information about an individual on the National Personal Insolvency Index; and
• Public information about an individual’s credit worthiness.

Why do we collect personal information?

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.  However, the main purposes for which we normally collect and use Personal Information are:

• To consider and assess your suitability for credit related products or services you have applied for with us and which we may provide to you;
• Carrying out any administrative related functions which are required to deliver and manage any credit related products or services we may have provided to you;
• Improving and developing new products and services or informing you about them;
• Telling you about products and services we distribute on behalf of other organisations; or
• To meet any of your regulatory requirements or to carry out any lawful directions given to us.

We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure, such as marketing of new products or services. You may also unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

Third parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such case we will take reasonable steps to ensure that you are made aware of the information to us by the third party.

We may also disclose your information to third parties where you request us to or consent to us doing so or in order to fulfil our legal obligations and carryout our services to you. The information we provide to third parties will be limited to what is required to provide the service or comply with the law.

Disclosure of personal information

Your Personal Information may be disclosed in a number of circumstances including the following:

• Third Parties where you consent to the use or disclosure; and
• Where required or authorised by Law.

Security of personal information

We take all reasonable steps to protect your personal information. Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. Some of the measures we may use to protect your information include:

• Using appropriate information technology processes;
• Restricting access to your Personal Information to our employees and those who perform services for us who need your Personal Information to do what we have engaged them to do;
• Protecting paper documents from unauthorised access or use through security systems we deploy over our physical premises; and
• Using computer and network security systems with appropriate fire walls, encryption technology and passwords for the protection of electronic files.

When your Personal Information is no longer needed for the purpose for which it is was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your personal information

You may access your Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing. In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Ottley Capital Holdings Pty Ltd will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information. Where your request is to update or correct Personal Information, we will take all reasonable steps to do this in a timely manner.

In certain circumstances we may be unable to give you access to all your Personal Information. Some of these circumstances may include:

• Where giving you access would compromise some other person’s privacy, such as where there are joint applicants to a credit application and one of the applicants has not consented to the release or disclosure of their Personal Information;
• Where giving you access would disclose commercially sensitive and or propriety information of ours, our agents or contractors;
• Where we are prevented by law; or
• Where the Personal Information you have requested relates to existing or anticipated legal proceedings.

Maintaining the quality of your personal information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up to date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Exchange of information with overseas parties

Some of the parties with which we exchange your personal information (including credit information and credit eligibility information), such as our service providers and other third parties, may be located outside of Australia. To provide our services to you we may send your information overseas in order to process transactions you have instructed us to make.

Policy Updates

This statement sets out our current Privacy Policy. It replaces all previous Ottley Capital Holdings Pty Ltd Privacy Policies which have been issued before the date of this Privacy Policy.

This Policy may change from time to time and is available on our website. Changes will be notified by posting an updated version on the Ottley Capital Holdings Pty Ltd website. We encourage you to periodically review our Privacy Policy for any changes.

Privacy policy complaints and enquiries

If you have any queries or complaints about our Privacy Policy or your Personal Information, please contact us at:

1/175 Balo Street
Moree NSW 2400
AUSTRALIA

In the unlikely event that your complaint remains unresolved to your satisfaction through the internal procedure mentioned above, you may also refer your complaint to the Office of the Australian Information Commissioner (OAIC). You may find information on how this can be done on the Commissioner’s website at www.oaic.gov.au.