Privacy policy
(Coex Capital Pty Limited ACN 661 639 578)
Effective date: 12 September 2022
1 Who we are
Coex refers to Coex Capital Pty Limited ACN 661 639 578 and its related bodies corporate and businesses.
2 Our commitment to protect your privacy
2.1 We understand how important it is to protect your personal information. This Privacy Policy explains how we handle your “Personal Information”. We are committed to protecting your information in accordance with the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian Privacy Principles and take such obligations seriously.
2.2 When used in this policy the term “Personal Information” has the meaning given to it by the Privacy Act (Personal Information). In general terms, it is any information or opinion that can be used to identify, or re-identify, you. This Privacy Policy applies to any Personal Information you provide to us and any Personal Information we collect from other sources.
2.3 We recognise that any Personal Information we collect about you will only be used for the purposes we have collected it for or as allowed under the law. It is important to us that you are confident that any Personal Information we hold about you will be treated in a way which ensures protection of your Personal Information.
2.4 We may collect, use, disclose, hold or manage Personal Information or do any things set out in this policy on our own behalf or as agent of a principal (whether disclosed or not). The information given in this document is given by both us and any principal (whether disclosed or not).
2.5 The policy detailed herein, sets out our current processes and procedures in relation to the collection, storage, handling, use and disclosure of Personal Information, along with details of how to access your Personal Information we hold, how to correct your Personal Information we hold and who to contact if you wish to complain about a breach of privacy laws. Our credit reporting policy is also set out in this Privacy Policy.
2.6 We may change this Privacy Policy at any time. We will publish any changes on our website. This Privacy Policy is current as at 12 September 2022.
3 What kinds of personal information do we collect and hold?
3.1 We collect certain information (including Personal Information) about you depending on the product or service that is being provided.
3.2 This information can include:
(a) financial and related information;
(b) key personal or identification information;
(c) employment details and circumstances and arrangements;
(d) details of your financial needs and objectives and arrangements;
(e) details of your current financial circumstances;
(f) anything else that is relevant to the financial services or products you are seeking from us;
(g) contact and identification information, such as your name, address, email address, telephone number, contact details, gender and date of birth;
(h) information about your assets, occupation and income, account balances, account activities, payment history and transactions with us or third parties;
(i) government identifiers and related information, such as your driver’s licence, passport and visa particulars, for example, to verify your identity of eligibility at the time you request a product or service;
(j) other details relating to your relationship with us, including if we deal with you in a capacity other than a customer (for example, information about agreements or other arrangements or transactions you may have with us, billing information including your credit card details, your purchasing preferences and history, and any information contained in correspondence between us); and
(k) any other information lawfully obtainable under the Privacy Act.
3.3 In some circumstances, we may collect sensitive information about you, for example in relation to insurance claims. Sensitive information is a type of Personal Information and includes health information and information about racial or ethnic origin, political opinions, membership of a trade union or political association, religious beliefs or affiliations, philosophical beliefs, sexual preferences and criminal record. We will only collect sensitive information about you where we are permitted to do so by law.
4 How do we collect personal information?
4.1 Where practicable we aim to collect your Personal Information directly from you. We collect information directly from you in a variety of ways:
(a) through your access and use of our website;
(b) contacting us for any reason, including by way of post, email and over the phone;
(c) when you complete any application for a product or service provided by us; and
(d) through our representatives or your agents or advisors.
4.2 We may also collect your Personal Information from other sources including:
(a) public or commercial information service providers;
(b) current employees or a co-applicant;
(c) social media platforms;
(d) advertisers;
(e) contractors and business partners;
(f) third parties assisting us to process an application or other transaction, confirming information in any application or other request or assisting us locate or communicate with you; and
(g) banks, insurers, advisors, agents and representatives.
4.3 We may also seek Personal Information from third parties for our own purposes in assessing any application for a product or service and also, without limitation, if:
(a) we can’t get hold of you and we rely on public information to update your contact details;
(b) from your legal advisors or accountant or other representatives; or
(c) it is unreasonable or impractical to collect the Personal Information from you.
4.4 If you give us Personal Information about other parties, we rely upon you to have made them aware that you may provide the information to us and the purposes for which we will use it.
5 How do we hold personal information?
5.1 We will take reasonable steps to protect Personal Information we hold from misuse, interference and loss, as well as unauthorised access, modification or disclosure.
5.2 Only personnel who require access for the purposes as stated in section 7 of this Privacy Policy will process your personal data. Your Personal Information may be held in paper and electronic form. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.
6 Why do we collect and hold personal information?
6.1 The main reason we collect, store, hold, use and disclose your Personal Information is to provide you with a product or service that you are requesting.
6.2 Some laws may require us to collect Personal Information about you. For example, we may require your information to verify your identity under the Anti-Money Laundering and Counterterrorism Financing Act 2006 (Cth) (AML/CTF Act).
7 Why do we use personal information?
7.1 In providing you with a product or service, we may use your Personal Information to:
(a) provide, develop, research and identify products and services to you;
(b) identify and inform you of products and services that may be of interest;
(c) communicate with you, including, but not limited to direct marketing by email, mail, SMS or telephone;
(d) process a product application or service request;
(e) manage and enhance our products and services;
(f) personalise and customise your experience;
(g) enforce our rights;
(h) meeting any legal and regulatory requirements;
(i) compile statistical data.
7.2 Our purpose for collecting and holding your Personal Information is for:
(a) registering you to use one of our websites;
(b) processing a product application or service or purchase request;
(c) managing our products and services or other relationships and arrangements;
(d) processing receipts, invoices and payments and servicing customer accounts including determining liability for payment;
(e) understanding your needs and offering products and services to meet those needs;
(f) assessing, processing and investigating insurance risk or claims;
(g) accounting, billing and other internal administrative purposes;
(h) identifying and informing you of products and services that may be of interest;
(i) provision of commercial chattel mortgage arrangements or other financing arrangements;
(j) notifying you about changes to our products and services;
(k) responding to your enquiries about applications, accounts, products and all services; and
(l) any other legal and regulatory requirements.
8 Marketing
8.1 From time to time, we will use your contact details to send you direct marketing communications including offers, updates and newsletters that are relevant to the services we provide.
8.2 We always give you the option of electing not to receive these communications in the future. You can unsubscribe by notifying us and we will no longer send this information to you.
9 Why do we disclose personal information?
9.1 We may disclose your Personal Information for purposes such as those listed above and we will always do so consistently with our privacy obligations.
9.2 Third parties to whom we may disclose your Personal Information include:
(a) our related entities in Australia;
(b) overseas organisations (for example, entities in the United States of America, New Zealand, India and Philippines);
(c) administrative services providers, such as mailing houses, printers and call centre operators;
(d) our external advisors, including without limitation, legal, settlement, valuation and recruitment service providers;
(e) your representatives including, finance brokers, lawyers and accountants;
(f) data processing and market research service providers;
(g) regulatory bodies and law enforcement authorities in Australia and overseas (for example, as required under the AML/CTF Act);
(h) any person who is considering whether to acquire or who has acquired any part of our business, or the rights or obligations under our contract with you;
(i) financial and other advisors;
(j) other participants in financial and payment systems, such as banks, credit providers, clearing entities and credit card associations;
(k) insurers, reinsurers, loss adjusters, assessors, principals and underwriters;
(l) brokers and other distributors;
(m) your guarantors and security providers;
(n) debt collectors and investigators; and
(o) in connection with an application for any products or services, credit reporting bodies and other information providers.
9.3 The parties listed above may in turn disclose your Personal Information to other parties.
9.4 We may also disclose information we collect to the providers of our policy administration systems and any systems we may use that help us to provide our products and services to you. These policy administration providers and systems may be supported and maintained by overseas organisations including, without limitation, organisations in the United States of America, Philippines, India and New Zealand and your information may be disclosed to those organisations. Please note that the Privacy Act and Australian Privacy Principles may not apply to these organisations.
10 When you do not give us your Personal Information
10.1 You are under no obligation to provide your Personal Information to us. However, if we ask for your Personal Information and you do not provide it to us, we may not be able to provide you with our products and services.
11 How can you access and correct personal information about yourself that is held by us?
11.1 We take reasonable steps to ensure Personal Information (including credit-related Personal Information) we hold is accurate, up to date, complete, relevant and not misleading. As such, we request you to tell us of any changes to your Personal Information while we continue to hold it.
11.2 You have the right to access and seek correction of your Personal Information (including credit-related Personal Information) that is collected and held by us. This is subject to some exceptions that are set out in the Privacy Act. If you would like to access or amend the Personal Information we hold about you, please contact our Privacy Officer via the contact details below. You will have to provide proof of identity before accessing or amending Personal Information.
11.3 We will grant access to Personal Information (including credit-related Personal Information) to the extent required by the Privacy Act and within a reasonable period after the request is made and will take reasonable steps to amend Personal Information where necessary and appropriate.
11.4 An administrative handling fee may be payable which reflects the cost to us for providing the information you require. If your request to access or correct your Personal Information is refused, we will provide you with written reasons for the refusal and details of ways in which you can deal with such a refusal.
12 Complaints
12.1 How can you complain?
If you have any queries regarding our collection or handling of your Personal Information (including credit-related Personal Information), or you believe we have breached any privacy laws, you can contact the Privacy Officer using the contact details below and setting out your query in writing.
12.2 How we will deal with such a complaint
Your query will be investigated as soon as possible and we will provide you with a written response.
In the event you are dissatisfied with the outcome of your request, you may refer your matter to the Office of the Australian Information Commissioner, who can be contacted at:
The Office of the Australian Information Commissioner
GPO Box 5218 Sydney NSW 2001
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
13 Credit Reporting Policy
13.1 When you apply for, or we provide, credit arrangements, we may access credit-related Personal Information about you through the credit reporting system.
13.2 We comply with the Privacy Act in relation to the collection, use and disclosure of credit information, including the Australian Credit Reporting Privacy Code in our handling of your credit-related Personal Information.
13.3 Credit-related Personal Information is a type of Personal Information which includes information:
(a) about your credit history or creditworthiness;
(b) about your past experiences with us and other lenders;
(c) about the kinds of credit products you have had or sought previously;
(d) about how you have managed your obligations;
(e) contained in a credit report about you which is obtained by us from a credit reporting body (CRB); and
(f) about your creditworthiness that has been derived by us from such a credit report about you.
13.4 Credit-related Personal Information that we may collect and hold includes:
(a) your name, address and date of birth, driver’s licence number, and the ages and number of your dependants and cohabitants;
(b) your employment details including your occupation, proof of earnings and expenses, the name of your employer or organisation, and any previous employers;
(c) your banking or credit card details and certain financial information about you including a statement of your assets and liabilities;
(d) the fact that you have applied for credit, or you are a guarantor in respect of a credit application and we have accessed your credit report to assess that application;
(e) the fact that we provide goods and services on credit terms to your organisation;
(f) certain publicly available information that relates to your activities and your creditworthiness;
(g) repayment history information about you, including whether repayment obligations are met, the day on which payment is due and paid;
(h) the type and amount of credit sought in an application for credit made by you in connection with which we made an information request;
(i) default information about you in relation to payments owed by you as either borrower or guarantor and any other default information reporting to a CRB;
(j) payment information about you that an overdue payment in relation to which default information was provided to a CRB has been paid;
(k) information that, in our opinion, you have committed a serious credit infringement or credit non-compliance action (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
(l) insolvency information, including adjudications, discharges, suspensions of discharges and annulments of bankruptcy;
(m) assessments, evaluations, scores, ratings, summaries and other information relating to your creditworthiness which is derived by a CRB or us, wholly or partly based on the above;
(n) the length of your occupation of your current address; and
(o) administrative information relating to credit provided by us.
13.5 We collect your credit-related Personal Information through your dealings with us or from those acting on your behalf. We may also obtain credit-related Personal Information from CRB’s, who may include this information in reports provided to credit providers to assist them to assess your credit worthiness.
13.6 We collect, hold, use and disclose your credit-related Personal Information as reasonably necessary for our business purposes and as permitted by law, including:
(a) to assess, complete and process your application for credit that you make or for which you are a guarantor (where we are the credit provider) or to assist in assessing your application for credit that you make or for which you are a guarantor (where we act as agent of, or introducer to, the credit provider);
(b) to derive assessments, evaluations, scores, ratings, summaries relating to your credit worthiness that we (or any principal or credit provider) use in the decision-making processes;
(c) for account review and management;
(d) to participate in the credit reporting system;
(e) to undertake debt recovery and enforcement activities; or
(f) to deal with serious credit infringements.
13.7 We may disclose your credit-related Personal Information to:
(a) CRBs, such as Equifax;
(b) other credit providers;
(c) our affiliates and related entities;
(d) current or prospective guarantors or security providers;
(e) other CRBs (for example, if you fail to meet your payment obligations or commit a serious credit infringement, we may be entitled to disclose this to a CRB);
(f) your agents, referees, employer, executors, administrators, trustees, guardians or attorneys;
(g) your and our professional advisers;
(h) organisations involved in principal and agency arrangements, securitisation arrangements or other debt arrangements or assignments; and
(i) administrative service providers, such as providers of credit or identity assessment, credit management and debt collection services.
13.8 We may disclose to Equifax or any other CRB, any failure by you to meet your payment obligations in relation to credit and the fact that you have committed fraud or other serious credit infringement. Equifax may include information which we provide in reports to other credit providers to assist them to assess your creditworthiness. These CRBs’ policies about the management of credit-related Personal Information may be obtained by contacting them on the below details:
Equifax
Australia
GPO Box 964
North Sydney NSW 2059
Number: 13 83 32
13.9 You can ask a CRB not to use or disclose your credit-related Personal Information for a period of 21 days without your consent if you believe on reasonable grounds that you are, or are likely to be, a victim of fraud, including identity fraud.
13.10 CRBs may use credit-related Personal Information they hold to respond to requests from us or other credit providers to “pre-screen” you for direct marketing. You can ask a CRB not to do this.
14 How to contact us
14.1 Please direct all privacy enquiries and complaints in writing to our Privacy Officer at:
Mail: Privacy Officer
Coex Capital Pty Ltd
Suite 24
401 Pacific Highway
ARTARMON NSW 2064
Email: privacyofficer@coexcapital.com.au