Conditions of Use and Credit Guide

Transcription

1 Conditions of Use and Credit Guide Important details about your Gem Visa October 2017 The way to pay with 0% interest

2 6 reasons you ll be saying it s a gem Booklet no.

3 Enjoy 6 months interest free on any purchase over $250 Even longer interest free terms are available at thousands of stores Plus, receive up to 55 days interest free on all your other purchases Gem Visa paywave an exciting, faster way to pay at the checkout It s a Visa card so you can use it everywhere Visa is accepted Fraud protection means real-time monitoring of unusual transactions Please refer to the enclosed conditions of use for details of applicable terms and conditions, including payment requirements for up to 55 days interest free access. Gem is a registered trade mark in Australia of Latitude Finance Australia ABN

4 CREDIT GUIDE Latitude Finance Australia ABN Australian Credit Licence number This credit guide gives you some information about our responsible lending obligations and dispute resolution procedures. If you have any queries, you can contact Customer Solutions on We will not make an unsuitable contract with you We are not permitted to enter into a credit contract or increase the credit limit of an existing credit contract if the contract would be unsuitable for you. A contract will be unsuitable for you if at the time of our assessment it is likely that you will be unable to comply with your financial obligations under the contract or could only do so with substantial hardship, or if the contract will not meet your requirements or objectives. In order to ensure that we do not enter into a contract with you that is unsuitable, we are required to make reasonable inquiries about your financial situation, your requirements and objectives and to take reasonable steps to verify your financial situation. We will make an assessment that the contract is not unsuitable for you We are required to assess that the credit contract is not unsuitable for you before we enter into the contract or agree to increase your credit limit. You may also request a copy of the assessment within 7 years of the date the contract is entered into or your credit limit is increased. If your request is made within 2 years, we will provide you with the assessment within 7 business days of your request, otherwise we will provide you with the assessment within 21 business days. We will not charge you a fee for providing the assessment. If you have a complaint in relation to your credit contract If you have a complaint, please contact us first. We have a free internal dispute resolution procedure which you can access by telephoning us on or by writing to Latitude Finance Australia at 572 Swan Street, Richmond VIC To help ensure

5 we address your complaint quickly please provide us with your name, address and account number and all the relevant information relating to your complaint. Once we are aware of your complaint our staff will take the appropriate steps to address your concerns straight away. If the staff member is not able to resolve this with you immediately the matter will be further investigated and all reasonable steps will be taken to resolve the matter with you or your authorised representative. If however, you are not satisfied with the outcome of your complaint, our external dispute resolution provider is the Financial Ombudsman Service Australia and can be contacted at (free call), or at GPO Box 3, Melbourne VIC 3001 (Australia).

6 Gem Visa Conditions of Use Contents Part A: Information about your credit contract Establishing your credit contract and account When are you bound by the credit contract? 07 Part B: Cards, the account and the statement of account What can a card be used for? Authorising and processing transactions Additional cards Card ownership, expiry and reissue Your credit limit Statements of account and statement periods 10 Part C: Promotional offers, Gem Visa card purchases, BPAY, cash advances, Online Service Centre and insurance Promotional offers Gem Visa card purchases Visa paywave Cash advances and the cash limit BPAY payments out Online Service Centre Insurance option 14 Part D: Interest Annual and daily percentage rates Interest on Gem Visa card purchase amounts up to and from $ Interest on promotional purchases Interest on cash advances, balance transfer balances and BPAY Payments Interest on balance transfer balances relating to balance transfer promotions Interest on insurance premiums Interest on fees, enforcement expenses and credit balances Debited interest part of interest bearing balance 17 4

7 Part E: Fees and charges What fees and charges apply 17 Part F: Payments What is the minimum amount you must pay for each statement period? Payment on our demand Payment methods When do you get credit for a payment? Payment allocation How are refunds processed and applied? 20 Part G: Defaults, enforcement and cancellation or suspension of the card and closure of the account What happens on default? Card suspension, cancellation and account closure 22 Part H: General conditions Security Liability for unauthorised EFT transactions and non - EFT transactions Liability for loss caused by card/eft terminal failure Some cases when we re not liable We re able to act on your instructions You must advise us of a change in details You must advise us of change in your financial circumstances Compliance with legislation Changes to the credit contract Is it possible for credit contract terms to be waived? Notices Effective dating and adjustments Glossary and interpretation 28 5

8 About this Document This Document does not contain all of the information we are required to give you before we enter into a credit contract with you. The other information is in the Contract Schedule. Your GEM Visa credit contract is made up of these Conditions of Use and the Contract Schedule. Words printed in bold in your credit contract documents are explained in 45 together with some other key words. It is important that you and any additional cardholder read your GEM Visa credit contract carefully. Please use our Online Service Centre to update your contact details recorded with us. Alternatively you may let us know either by phone or letter. If you have any questions about your account, please contact us at: Latitude Finance Australia ABN Swan Street BURNLEY 3121 Phone: Facsimile: If contacting us from overseas: Phone: Fax:

9 Conditions of Use Part A: Information about your credit contract 1. Establishing your credit contract and account Your account and each card are issued and operate in accordance with your credit contract. Use of your account and each card and our processing of transactions may also be subject to: limits or policies of suppliers or financial institutions the Online Service Centre terms and conditions Visa card scheme rules BPAY scheme rules and promotional offer terms and conditions. 2. When are you bound by the credit contract? You re bound by the credit contract from the earlier of when you or any additional cardholder: (a) activate or use your card (b) access or draw down credit on the account (c) authorise a transaction on the account or (d) otherwise tell us after we ve opened your account that you re bound. Part B: Cards, the account and statement of account 3. What can a card be used for? 3.1 Your card can be used to obtain credit from us: (a) to pay for all or part of purchases (b) for cash advances (c) for cash equivalent transactions (d) for BPAY payments and (e) for balance transfers where suppliers, financial institutions or EFT terminals accept Visa credit cards, or as otherwise nominated by us. Registered to BPAY Pty Ltd ABN

10 Additional cardholders can use their cards to obtain credit from us to pay for all or part of purchases, cash advances or cash equivalent transactions where suppliers, financial institutions or EFT terminals accept Visa credit cards, or as otherwise nominated by us. 3.2 A supplier, financial institution or EFT terminal doesn t have to accept a card for any transaction. 3.3 A card can be used to obtain credit by physically presenting it, or by giving its details to the supplier or financial institution over the telephone, on an order form or electronically. 3.4 For a supplier or financial institution to accept a card, the following requirements will generally need to be satisfied: (a) it is activated in accordance with our procedures, signed by the cardholder and used before the card s expiry date; (b) in a Gem Visa card purchase transaction which is not a Visa paywave transaction, the cardholder signs a voucher and the signature matches the signature on the card or the cardholder enters the PIN; or the cardholder provides their name, card number and card expiry date in a telephone transaction (c) in a Visa paywave transaction, the transaction is carried out in accordance with Visa paywave procedures; (d) there are no outstanding defaults under the credit contract in respect of which we have taken, or are entitled to take, any action under 31.2; (e) the account hasn t been closed or use of the card suspended or cancelled; and (f) any identification required by the supplier or financial institution has been provided. 3.5 Use of each card and/or your account is an unchangeable instruction from you or an additional cardholder to us and any transaction carried out by you or any additional cardholder cannot be stopped. 8

11 3.6 You must direct any supplier that you or an additional cardholder have authorised to make periodic charges to your account to vary or cancel those charges if you want to vary or cancel them. You must direct the supplier to cancel them if your account has been suspended or closed. If any additional cardholder s card has been suspended or closed, you must procure the additional cardholder to direct the supplier to cancel the periodic charges made against the account through the additional cardholder s card. 3.7 You and each additional cardholder must protect your cards from damage and misuse and must not tamper with or destroy their embedded chips. 3.8 An account must be used wholly or predominantly for personal, domestic or household purposes. 4. Authorising and processing transactions 4.1 We can decline to authorise a proposed transaction if it is an overlimit transaction or if there is any overdue amount on the account. 4.2 We can stop processing an overlimit transaction and reverse all entries relating to it. 5. Additional cards 5.1 We can, subject to our lending and card issuing policies, issue an additional card to anyone over the age of 16 that you nominate. You authorise that person to operate your account to make purchases, obtain cash advances and make cash equivalent transactions in the same way you can operate the account using your card. Each use of that card or operation of the account by the additional cardholder is subject to the credit contract. 5.2 You ll be liable for any use of a card and any breach of the credit contract by the conduct of an additional cardholder. However, you won t be liable if the additional cardholder s right to use a card was previously cancelled in accordance with You must advise us if you want to cancel the authority of an additional cardholder to operate your account. 9

12 6. Card ownership, expiry and reissue 6.1 Each card and card number is our property. You must return or destroy your card if we tell you to and you must ensure that any additional cardholder returns or destroys any card which has issued to them if we tell them to do so. 6.2 We can issue a new card to you or to an additional cardholder at any time subject to the credit contract. We reserve the right not to reissue or replace a card. 7. Your credit limit 7.1 Your credit limit is the maximum amount of credit you can access. Your initial credit limit is shown in the financial table. 7.2 You can apply to increase, or request us to reduce, your credit limit at any time. We may reduce your credit limit at any time without your consent. 7.3 If you or any additional cardholder enter an overlimit transaction, you must make a payment to bring your unpaid balance within your credit limit immediately. 8. Statements of account and statement periods 8.1 We ll send you a statement of account each month after the end of each statement period unless an applicable law says that we don t have to (for example, where there have been no transactions during a statement period and the amount outstanding is less than $10 and in certain circumstances where you are in default). We can also issue copies of any statement of account to you at your request. You can also access your statements online at the Online Service Centre. 8.2 If you have advised us of an address for you, an alert will be sent to your address advising you that your statement is accessible at the Online Service Centre. Unless you elect via the Online Service Centre to receive your statement in electronic form and free of charge at your address, paper statements will be posted to your last mailing address known to us for a fee. 10

13 8.3 Your account will be debited with, and you agree to pay to us: the amount of each purchase, cash advance, and balance transfer interest calculated under Part D fees and charges including those described in the financial table as varied from time to time and fees and charges we later introduce under your credit contract enforcement expenses which we reasonably incur and any other amounts owing under the credit contract. 8.4 Amounts on your statement of account will be expressed in Australian dollars. 8.5 Foreign currency transactions will be converted into Australian dollars before being charged to your account. Some foreign currency transactions might be converted to United States dollars before being converted to Australian dollars. This conversion is made as at the date the transaction is processed by Visa and using a wholesale market rate selected by Visa from a range of wholesale market rates or, if applicable, the government mandated rate. 8.6 You should promptly check all entries on your statement of account and report any apparent error or possible unauthorised use of the account to us immediately. Part C: Promotional offers, Gem Visa card purchases, BPAY, cash advances, Online Service Centre and insurance 9. Promotional offers 9.1 We can make promotional offers available to you. As part of these offers you will be able to use your Gem Visa account to: (a) make interest free purchases, instalment interest free purchases or buy now pay 11

14 later purchases or (b) participate in balance transfer promotions or (c) make an instalment payment advance. 9.2 Promotional offers will be made available to you on conditions which may include: what purchases are eligible when an eligible purchase or balance transfer must be made for it to be part of the promotional offer the length of the relevant promotional offer term and any other applicable conditions. Each promotional offer will be subject to those conditions as well as the credit contract. To the extent that promotional offer conditions are different from your credit contract, those conditions vary your credit contract in relation to the purchase under the promotional offer. 9.3 Where the promotional offer term of an interest free promotional purchase of $250 or more is different from the interest free period that would apply if it was a Gem Visa card purchase, the promotional offer term will apply. 9.4 We may decline a balance transfer request from you if: (a) you re not solely liable for the account you re proposing to make the transfer from (b) the other account is an account that we don t accept balance transfers from (c) you don t comply with any conditions of the balance transfer promotion (d) you don t give us the information required to make the balance transfer (e) you don t properly authorise the balance transfer or (f) the balance transfer would result in your credit limit being exceeded. 9.5 If we exercise any of our rights under 31.2 or close the account under 32.1, any promotional offer term applying to a promotional purchase or 12

15 balance transfer or interest free period for a Gem Visa card purchase at the time will be taken to have ended on the date that we exercise those rights or close the account. 10. Gem Visa card purchases 10.1 You can use your card to make Gem Visa card purchases Gem Visa card purchases of, or with a combined total (if more than one purchase) of up to $ in the one transaction may, subject to 17.1, be interest free for up to 55 days from the transaction date Gem Visa card purchases of, or with a combined total (if more than one purchase) of $250 or more in the one transaction, will be interest free for 6 months from the transaction date. 11. Visa paywave Each card may be used to make Visa paywave purchases at merchants that have Visa paywave readers and display the Visa paywave logo. 12. Cash advances and the cash limit 12.1 The minimum amount of a cash advance may vary between suppliers and financial institutions and some might impose additional restrictions and identification requirements Your cash advance balance mustn t exceed the cash limit. We can reduce the cash limit at our discretion. A daily limit on cash advances might apply. If there is a daily limit it will be set out in your financial table or advised to you in writing We can decline cash equivalent transaction requests or impose any condition on them at our discretion We have the discretion to suspend, limit, reduce the limit of or withdraw the cash advance facility at any time. 13. BPAY payments out 13.1 Subject to biller acceptance, you may pay bills 13

16 using the BPAY scheme through the Online Service Centre or in any other way that we advise you of in writing To use the BPAY scheme, you must first register for the Online Service Centre You can t use your card to make BPAY payments of amounts you owe us under your credit contract Your use of the BPAY scheme is governed by the credit contract and the Online Service Centre terms and conditions. If there is any inconsistency between the credit contract and the Online Service Centre terms and conditions regarding BPAY, the Online Service Centre terms and conditions will apply to the extent of that inconsistency. 14. Online Service Centre 14.1 Your Gem Visa account entitles you to register for the Online Service Centre. It doesn t entitle additional cardholders to register in relation to your account You register for the Online Service Centre by logging onto gemvisa.com.au and accepting the Online Service Centre terms and conditions Online Service Centre features include: check your account balance review your most recent transactions make BPAY payments update the personal details of you and any additional cardholder receive electronic versions of your statement of account free of charge access up to 7 years of previous electronic statements of account and opt out of receiving paper statements of account. These capabilities may change from time to time. 15. Insurance option 15.1 Shopper s Protection (consumer credit insurance) is optional cover available for you to take out on your account after you ve entered your credit contract. 14

17 Part D: Interest 16. Annual and daily percentage rates 16.1 Interest on the amounts set out in this part is accrued at the end of each day at the daily percentage rate The annual percentage rate is divided by 365 (or 366 on a leap year) to calculate the daily percentage rate Interest will be debited monthly to the account as at the last day of each statement period. 17. Interest on Gem Visa card purchase amounts up to and from $ Gem Visa card purchases up to and including $ as described in 10.2 may be interest free for an interest free period of up to 55 days from the assigned transaction date for the purchase. To receive up to 55 days interest free period for those purchases, you must pay, by the due date: (a) the closing balance of both the previous statement of account and the current statement of account which lists those purchases, less any interest free, instalment interest free purchase, or buy now pay later amounts that are unexpired on the respective statement of accounts due date, plus (b) the proportion of the minimum monthly payment for those statements which relate to any interest free promotional purchases and interest free purchases over $250 that expire after the due date of each respective statement. This proportion is calculated by multiplying the dollar amount of those interest free purchases by the percentage that is used to calculate your minimum monthly payment, plus (c) an instalment payment if you have an unexpired instalment interest free purchase balance. The amount of interest free days you receive will depend on when you made the relevant purchase during the 15

18 statement period. If you do not meet the requirements under this clause for an interest free period, interest will be charged from the day the purchase amounts are debited to the account until they are paid Any Gem Visa card purchase of $250 or more as described in 10.3 will be interest free for an interest free period of 6 months. We ll charge interest on any outstanding amount of the purchase price from the day after the expiry date for that purchase shown on your statement of account. 18. Interest on promotional purchases 18.1 Interest is not charged on purchases which are subject to promotional offers until the applicable promotional offer term has expired, unless the promotional offer is expressed to be interest bearing (or uses words to that effect). If it is interest bearing, the annual percentage rate applies to that purchase for the duration of the promotional offer term unless a different rate is contained within the promotional offer, in which case that annual percentage rate applies Interest on any expired promotional purchase amount is charged on its outstanding balance from the day after its promotional offer term ends until it is paid in full. 19. Interest on cash advances, balance transfer balances and BPAY payments Interest on any amount owing for: (a) a cash advance (including BPAY payments treated as cash advances) (b) a balance transfer balance (other than a balance transfer balance which is subject to an unexpired balance transfer promotion which you have taken up) or (c) BPAY payments out is charged on a daily basis from the day of the relevant transaction until the day the amount is paid in full. 16

19 20. Interest on balance transfer balances relating to balance transfer promotions If a balance transfer is the subject of a balance transfer promotion which you take up after entering into this credit contract interest will only apply to that balance transfer in accordance with the terms of the balance transfer promotion. 21. Interest on insurance premiums We don t charge interest on insurance premiums for Shopper s Protection. 22. Interest on fees, enforcement expenses and credit balances 22.1 We charge interest on late fees, enforcement expenses and domestic and international cash advance fees from the day they are debited to the account We don t pay interest on credit balances in your account. 23. Debited interest part of interest bearing balance Any interest charges debited to your account will form part of the balance on which future interest charges are calculated. We charge interest on any debited interest from the day it is debited to the account until the day it is paid. Part E: Fees and charges 24. What fees and charges apply? 24.1 You agree to pay all fees and charges described in the financial table and any other fees and charges imposed as a result of a variation of this credit contract Any fee or charge payable by you will be debited to your account at the time stated in the financial table or as otherwise specified in any variation relating to the fee or charge. 17

20 Part F: Payments 25. What is the minimum amount you must pay for each statement period? 25.1 Your statement of account for a statement period will set out the minimum amount payable for that statement period. This is shown on your statement as the total due The total due in respect of a statement period is comprised of the aggregate of: (a) the amount specified as your minimum monthly payment in the financial table (b) any overdue amount (c) any overlimit amount and (d) any enforcement expenses which you are obliged to pay us under this credit contract You must pay the minimum monthly payment by the date specified in the statement. Any other amount which forms part of the total due must be paid immediately. You re also able to make payments in excess of these amounts to clear other transaction amounts or associated fees and charges, including amounts which are not yet due. 26. Payment on our demand On our request, you must pay the closing balance of your account excluding any unexpired instalment interest free purchase balance and unexpired buy now pay later purchase amount, unless we close the account in which case you must also pay all unexpired instalment interest free purchase balances and unexpired buy now pay later purchase amounts. 27. Payment methods You must make payments by one of the methods set out in your statement of account. Your payments must be in Australian dollars and be accompanied by details identifying your account. You might not receive credit for your payment unless you adequately identify your account with 18

21 your payment. 28. When do you get credit for a payment? We ll give you credit for any payment you make from and including the date we receive the proceeds of the payment. It may take up to 3 business days for us to receive the proceeds of BPAY payments. 29. Payment allocation 29.1 If more than one annual percentage rate applies to amounts that have appeared on a statement of account we will apply a payment in the following order: (a) in accordance with an agreement (if any) we have with you about how a payment is to be applied (see 18.3 for how that agreement may be made); (b) then, if there is any part of the payment remaining, we will apply it to pay off the amount that has the highest annual percentage rate; (c) then, if there is any part of the payment remaining, we will apply it to pay off the amount that has the next highest annual percentage rate, and so on until all amounts to which an annual percentage rate applies have been paid off; (d) then, if there is any part of a payment remaining, we will apply it to pay off amounts to which an annual percentage rate applies that have not yet appeared on a statement of account. (e) then, if there is any part of the payment remaining, we will apply it to pay off the amounts to which a Buy Now Pay Later Promotion applies (if there is more than one such amount we will pay off the first to expire) If the same annual percentage rate applies to all of the amounts that have appeared on a statement of account, we will apply a payment in the following order: (a) in accordance with an agreement (if any) we have with you about how a payment is to be applied (see 29.3 for how that agreement may be made); 19

22 (b) then, if there is any part of a payment remaining we will apply it pay off all amounts to which an annual percentage rate applies; (c) then, if there is any part of a payment remaining we will apply it as described in 29.1 (d) and (e) Subject to 29.4 and 29.5, if a cardholder makes a purchase subject to an Instalment Interest Free Purchase then we will have made an agreement with you to apply a payment first to any instalment payment If we make an agreement with you to apply a payment first to any instalment payment, you may pay a greater amount of interest than you would otherwise pay. You can (at any time) withdraw your request to apply a payment to any instalment payment If you withdraw your request under 29.4, our agreement with you to apply a payment first to any instalment payment will come to an end. Any Instalment Interest Free Purchase to which the withdrawal of your request relates will be taken to have ended on the date that you withdraw your request and the standard annual percentage rate will apply to the relevant amount from the day after that date. 30. How are refunds processed and applied? We process refunds for goods or services returned to a supplier with effect from and including the return date as advised to us by the supplier. We ll apply a refund in such order as we decide against amounts due from you. Part G: Defaults, enforcement and cancellation or suspension of the card and closure of the account 31. What happens on default? 31.1 You re in default if: 20

23 you don t pay any amount by the time your credit contract requires you to pay it you have an outstanding overlimit amount on your account you breach any term of your credit contract you ve given us false or misleading information in connection with your account or you become bankrupt or assign your estate to a creditor If you re in default, and: consumer credit legislation doesn t require us to provide you with a notice of default and time to remedy the default before we can take action or consumer credit legislation requires us to give you notice of the default and time to remedy it and we ve complied with these and any other regulatory requirements, the following applies: (a) we may demand immediate payment of the unpaid balance of your account and otherwise enforce your credit contract against you (b) you must immediately pay us the unpaid balance of your account (c) you and each additional cardholder must cut each card and its chip in half, or, if we require it, return or arrange the return of each card (d) any purchases under promotional offers will be deemed to be expired promotional purchases and interest will continue to accrue at the applicable rate (e) you might be liable to pay all enforcement expenses (including reasonable legal and administrative costs) that we reasonably incur as a result of the default and we may debit these amounts to your account (f) we may at any time and without notice to you, set off against any money owing by any 21

24 member of Latitude to you, any debt or liability you may have to us on any account (g) To the maximum extent allowed by law, you shall not be entitled to set off any amounts we owe you against amounts that you owe under the credit contract. You will need to pay any money you are required to pay under the credit contract in full without deducting amounts you claim are owing to you by us or any other person. 32. Card suspension, cancellation and account closure 32.1 We may at any time and without notice suspend or close your account or suspend or cancel your card and any card issued to any additional cardholder If we suspend or close your account or suspend or cancel your card, you mustn t attempt to obtain credit on your account and you must cut your card and its chip in half, or, if we require it, return or arrange the return of each card. You must also procure that the same measures are taken by any additional cardholder whose card has been cancelled If we suspend or close your account or suspend or cancel your card, your credit contract continues to operate until the whole of the unpaid balance of the account and any amounts subsequently debited to your account (regardless of when the amounts accrued) are paid in full Grounds on which we may suspend use of a card or account or refuse to let you or any additional cardholder use a card or the account include: where the card hasn t been used for an extended period of time where we suspect unlawful or unauthorised activity on the account where use would result, or has resulted, in you exceeding your credit limit where you re in default of your credit contract 22

25 where a card has been reported lost or stolen or has expired If we suspend your card and/or account you may ask us to lift the suspension. We ll consider all requests in good faith. Part H: General conditions 33. Security 33.1 When you or an additional cardholder receive your card you must sign it You must tell us immediately if your card or PIN is misused, lost or stolen or you suspect an unauthorised transaction has been made on your account or if you wish to dispute a transaction. Call us anytime on You must give us all the information that you or the additional cardholder have regarding the misuse, loss, theft or dispute. You may call us from overseas on We strongly recommend that you tell us no later than the due date on your statement of account for the month of the transaction. If you do not do so, our ability to investigate under the Visa card scheme rules may be restricted and you may be liable for losses unless they can be limited under Before authorising a Visa paywave purchase you must check that the correct amount is displayed on the Visa paywave reader or on the supplier s register. Once the purchase is completed you should retain the receipt and check it against your statement. 34. Liability for unauthorised EFT transactions and non-eft transactions 34.1 You won t be responsible for losses from unauthorised EFT transactions where it is clear that neither you nor any additional cardholder has contributed to such losses or that the losses: occurred after we were notified that the card had been misused, lost or stolen or the 23

26 security of the PIN or password had been breached; or are losses which we re able to recover by exercising any rights we have against a supplier Subject to 34.3, you re liable for losses resulting from unauthorised EFT transactions and non- EFT transactions caused by: (a) your fraud or the fraud of an additional cardholder (b) your or an additional cardholder s extreme carelessness in failing to protect the card, PIN or password (c) you or an additional cardholder unreasonably delaying in notifying us after becoming aware of the misuse, loss or theft of a card, or that the security of the PIN or password has been breached. In this case, you ll be liable for the actual losses which occur between the time you or the additional cardholder became aware (or should reasonably have become aware, in the case of a lost or stolen card) and when you notify us and (d) in the case of non-eft transactions only, you or an additional cardholder contributed to losses by not signing a card immediately upon receiving it in which case you ll then be liable for the actual losses which occur before we re notified that the card has been misused, lost or stolen You re not liable for the losses in connection with unauthorised EFT transactions on the account resulting from matters referred to in 34.2 which: on any one day exceed any daily transaction limit(s) applicable to you; exceed any other periodic transaction limit(s) applicable to you in the period the transactions occurred in; exceed the credit limit on your account or occur after use of an account access method which we and you agreed could not be used 24

27 for your account Where no part of 34.2 and 34.3 applies, you re liable for, in the case of unauthorised EFT transactions where a PIN was required to perform the transactions, the least of: $150 the amount of credit available immediately before the unauthorised transaction the actual loss at the time we re notified that the card has been misused, lost or stolen or that the security of the PIN or password has been breached (excluding, that portion of the losses incurred on any one day which exceeds any applicable daily or other periodic transaction limit). and in the case of non-eft transactions where you did not contribute to the loss, took all reasonable security precautions and advised us in accordance with 33.2, your liability is nil. 35. Liability for loss caused by card/eft terminal failure We ll be responsible for direct and/or reasonably foreseeable loss or damage caused by the failure of either a card or an EFT terminal (excluding any card or EFT terminal which is obviously faulty, or any EFT terminal where it has been advised by notice or display to be faulty) to function properly. Our liability is limited to the correction of any errors in the account, and the refund of any charges or fees imposed as a result of those errors. 36. Some cases when we re not liable 36.1 If we are a linked credit provider under unfair competition, consumer credit or consumer protection laws you may have rights against us concerning your purchase(s). Except as required by those or any other laws, we re not responsible and give no warranty for goods or services obtained by use of your card. You must resolve any complaints concerning such goods or services with the supplier. 25

28 36.2 We re not responsible or liable if a supplier or other person or ATM refuses to accept or honour your card. 37. We re able to act on your instructions You acknowledge that, subject to the credit contract, we can act on your or any additional cardholder s written or verbal instructions. 38. You must advise us of a change in details You must notify us promptly of any change in your contact details or the contact details of any additional cardholder. 39. You must advise us of a change in your financial circumstances You must notify us immediately of any change in your financial circumstances which will adversely impact your ability to meet your payment obligations to us. 40. Compliance with legislation 40.1 We ll comply with all legislation which applies to the credit contract If any legislation makes a term of your credit contract illegal, void or unenforceable, or would be contravened by any term of your credit contract, your credit contract is to be read to omit the term or otherwise ensure no contravention occurs. 41. Changes to the credit contract 41.1 Subject to relevant legislation, we can change any term of the credit contract We may at any time impose new fees or charges or change the amount, frequency, calculation method or time for payment, of any annual percentage rate, fee, charge, limit, minimum or maximum purchase amount, interest free period or other payment required under your credit contract We ll notify you of any increase to the annual percentage rate in writing or by advertisement in a newspaper circulating throughout Australia 26

29 no later than the day the change takes effect. Newspaper notice will be followed by written notice in your next statement of account after the change takes effect Subject to 41.5, we ll notify you of other changes made under 41.2 in writing at least 20 days before the change takes effect If the change reduces your obligations or extends the time for payment we may instead advise you of the change before or in the next statement of account which is sent to you after the change. We will give you 6 months written notice if the change increases the maximum purchase amount required for a purchase to qualify for a Gem Visa card interest free period or which reduces the interest free period. 42. Is it possible for credit contract terms to be waived? We may either unilaterally or by written agreement waive any term in the credit contract or any fee or charge. A waiver doesn t apply on an ongoing basis or have the effect of changing any term of the credit contract or creating a new credit contract. 43. Notices 43.1 A notice must be in writing except that if it is a notice from us of an interest rate variation, it may be given in a newspaper In addition to giving notice to us in any other way permitted by law, if you wish to give us a notice you may send it by post to GPO Box 1007, Melbourne VIC 3001, except that we can, at our discretion, accept verbal notice from you about your change of address. If we wish to give you a notice we may: deliver it personally to you leave it at, or send it by post, facsimile or similar facility to the address of your residence or place of business last known to us it to the address that you ve 27

30 nominated to us or make it available for retrieval by you when you next access your Online Service Centre account A notice is taken to be: (a) delivered personally on the earlier of its date or the date received by the addressee (b) received by post on the later of its date or the date it would be delivered in the ordinary course of post; or (c) received by facsimile or similar facility or on the later of the date it bears or the date which the facility that the transmission or was sent from reports that the document was sent to the addressee Any notice from us to you is taken to be given to any additional cardholder unless separate notice is required by law to be given to that additional cardholder. 44. Effective dating and adjustments 44.1 We may assign any date we consider appropriate to a debit or credit to the account. Debits won t be given a date earlier than the date of the specific transaction We may subsequently adjust a debit or credit to the account for the purposes of correction. If we do this, we may make consequential adjustments to, for example, interest, account balances or fees. 45. Glossary and interpretation 45.1 These meanings of words apply: account means your GEM Visa account with us. additional cardholder means a person issued with a card under 5.1. adjusted closing balance means the closing balance minus any unexpired buy now pay later purchase balance and minus any unexpired instalment interest free purchase balance. annual fee means the fee charged each year to keep the account active. 28

31 annual percentage rate means the annual percentage rate of interest disclosed in the financial table, or as notified to you from time to time. ATM means automatic teller machine. balance transfer means a transaction where you ask us to debit your account with a specified amount and to pay that amount to us or another card issuer or financial institution balance transfer balance at any time means the amount outstanding on the account for a balance transfer promotion, being: credit provided in relation to that balance transfer interest debited to the account in respect of that credit and interest debited to the account in respect of the above interest. balance transfer promotion means a promotion under which a balance transfer amount will attract a reduced annual percentage rate. BPAY payment means a payment from your account made through the BPAY scheme. BPAY scheme means the payment scheme promoted by BPAY Pty Ltd ABN buy now pay later purchase means a purchase that is made under a buy now pay later promotional offer where: no interest will accrue on the purchase amount during the promotional offer term, monthly repayments are not required during the promotional offer term and repayments of principal and interest will be required after the promotional offer term expires. card means the GEM Visa card issued to you or any additional cardholder on your account and includes any replacement card. cardholder means the person to whom a card has been issued (including you) and, unless the context requires otherwise, any additional cardholder. cash advance means a transaction where cash or its equivalent is obtained. It includes cash withdrawals 29

32 from any credit balance on the account. It also includes BPAY payments if either: a biller doesn t accept BPAY payments from a credit card or we otherwise advise you that the payment won t be treated as a purchase and you then elect to treat the payment as a cash advance under the Online Service Centre terms and conditions. cash advance balance at any time means the total of the amount outstanding on the account for: credit provided in relation to cash advances cash advance related fees and charges debited to the account interest debited to the account in respect of either of the above and interest debited to the account in respect of the above interest. cash equivalent transaction means a transaction where the equivalent of cash is obtained or used and includes: (a) a purchase of traveller s cheques or money orders (b) a purchase of tokens (c) a funds transfer debited to the account (except balance transfers) (d) a purchase of, or loading of value on, a pre-paid or stored-value card or facility (e) a transaction made through bill payment facilities where the supplier or financial institution doesn t accept direct payment by credit card (for example payment of bills through a third party or over the counter at a financial institution) or (f) other transactions that we notify you will be treated as cash equivalent transactions. cash limit means the maximum amount of credit by way of cash advances and any related fees available to all cardholders in respect of the account, and is equal to the credit limit unless a different cash limit 30

33 is notified to you. closing balance means the total of the amounts shown as outstanding on your statement of account. contract schedule means the document named contract schedule with the number of your account on it which contains the financial table and other information relating to your account. credit contract means these Conditions of Use and the contract schedule. credit limit means the maximum amount of credit available to you in respect of the account. daily percentage rate means the current rate of interest applied to balances on a daily basis. debited interest means interest which has been debited to your account. due date is set out in your statement of account and means the date your minimum monthly payment is due. It is also the date that you must have made the payment referred to in 17.1 by to obtain an interest free period under EFT means electronic funds transfer. EFTPOS means electronic funds transfer at the point of sale. EFTPOS terminal means an EFT terminal, other than an ATM located at a merchant s point of sale. EFT terminal means any terminal, device or electronic equipment approved by us in which you may use your card and PIN, or, in the case of Visa paywave, a card and contactless reader. This includes ATMs. EFT transaction means a funds transfer initiated by your instruction through an EFT terminal. expired promotional purchase means a purchase under a promotional offer that you owe us an amount for after the promotional offer term has expired. financial table means the table within the contract schedule headed Financial Table which contains information about your account including the credit limit, minimum monthly repayments and fees. Gem Visa means either Gem Visa card or Gem Visa account as the context allows or requires. 31

34 Gem Visa account means your account. Gem Visa account purchase means a purchase under a promotional offer using credit from your Gem Visa account. Gem Visa card means your card. Gem Visa card purchase means a purchase made with your Gem Visa card which is not a purchase under a promotional offer. instalment interest free purchase means a promotional offer allowing a period of time for an eligible purchase during which no interest will accrue on that purchase and payments must be made by specified instalments. instalment payment means a payment due under the terms of an instalment payment advance or an instalment interest free purchase (or any other promotion where payments must be made by instalments). instalment payment advance means an advance made on your account which is to be repaid by fixed monthly payments over such period as may be agreed between us and you (or any additional cardholder on your behalf). interest free period means the finite period of time during which no interest is charged on the outstanding balances of Gem Visa card purchases or interest free promotional purchases. interest free promotional purchase means a Gem Visa account purchase that is made in response to a promotional offer under which no interest will accrue on, but monthly repayments must be made from, the purchase amount during the promotional offer term. international transaction means a transaction (including a purchase, cash advance or cash equivalent transaction or other charge) denominated in a currency other than Australian dollars, or a transaction in Australian dollars, when either the merchant or its financial institution or payment processor is located overseas. late fee means the fee imposed by us when any amount due and payable to us is not paid in full buy the due date. 32

35 minimum monthly payment means the amount calculated as specified in the financial table and Online Service Centre means the internet based service provided by us that allows you to access your account under the Online Service Centre terms and conditions. overdue means any unpaid part of a minimum monthly payment due in a previous statement period. overlimit amount means the excess of the closing balance over the credit limit. overlimit transaction means a transaction which is a purchase, BPAY, cash advance, or cash equivalent transaction for an amount which results, or, if completed would result, in your credit limit or cash limit being exceeded on the date of the transaction. password means a word, code or set of characters which identifies a cardholder and enables access to the account. PIN means the personal identification number which is to be used by a cardholder, with a card. previous statement means, with respect to a purchase, cash advance or balance transfer, the statement of account before the current statement for that transaction. promotional offer means an offer for you to make an interest free, instalment interest free purchase, or buy not pay later purchase or carry out a balance transfer on terms and conditions which relate to that specific promotion. promotional offer term means the time from the promotional purchase or balance transfer date that the promotional terms and conditions will apply to the promotional offer transaction. Regarding promotional purchases, it is the time from the transaction date that the purchase will be interest free or not require monthly repayments. purchase means a purchase of goods or services using your Gem Visa card or a purchase under a promotional offer using your Gem Visa account. Shopper s Protection is the name of the optional 33

36 insurance cover which can be taken up by cardholders. It is issued by Hallmark Life Insurance Company Ltd. ABN AFSL and Hallmark General Insurance Company Ltd. ABN AFSL (the insurer). The insurer s address is Level 12, 255 George St, Sydney NSW The insurer pays a commission of 20% of the premium, before government charges. statement date means the last day of your statement period. statement period is the period covered by a statement of account. supplier means a person, company or organisation from whom a cardholder obtains goods, services or cash. total due means the minimum amount payable shown on your statement of account for the period covered by that statement of account. unauthorised EFT transaction means an EFT transaction which is an unauthorised transaction. unauthorised transaction means a transaction which is not made by you and which is made without your knowledge or consent. unexpired buy now pay later purchase means a buy now pay later purchase which has time remaining on its promotional offer term. unexpired instalment interest free purchase balance means an instalment interest free purchase which has time remaining on its promotional offer term. unpaid balance means the difference between all amounts credited and all amounts debited (including amounts otherwise charged) to the account. Visa means Visa International Service Association. Visa paywave means the contactless means of authorising and carrying out purchases by waving your card over a Visa paywave reader at a merchant s point of sale, without the need for a PIN or signature. we, us and our means Latitude Finance Australia (ABN ). you means the person named as the applicant for an account and includes your successors and assigns, 34

37 and your has a corresponding meaning. Where the context allows, you or your also means cardholder and/or additional cardholder Unless the context requires another meaning, a reference to: (a) the singular includes the plural and vice versa (b) a document (including these Conditions of Use) refers to that document as amended, consolidated, novated or replaced (c) a law refers to that law as amended, consolidated or replaced where a word or phrase is defined, the definition includes its other grammatical forms If any of the terms and conditions of your credit contract are found to be illegal, invalid or unenforceable, the other provisions will remain valid and enforceable. 35

38 This is a notice we are required to give under the National Credit Code paragraph 16(1)(b) and National Consumer Credit Protection (Transitional and Consequential Provisions) Regulations 2010 Reg 70. INFORMATION STATEMENT THINGS YOU SHOULD KNOW ABOUT YOUR PROPOSED CREDIT CONTRACT This statement tells you about some of the rights and obligations of yourself and your credit provider. It doesn t state the terms and conditions of your contract. If you have any concerns about your contract, contact the credit provider and, if you still have concerns, your credit provider s external dispute resolution scheme, or get legal advice. THE CONTRACT 1. How can I get details of my proposed credit contract? Your credit provider must give you a precontractual statement containing certain information about your contract. The precontractual statement, and this document, must be given to you before your contract is entered into; or you make an offer to enter into the contract; whichever happens first. 2. How can I get a copy of the final contract? If the contract document is to be signed by you and returned to your credit provider, you must be given a copy to keep. Also, the credit provider must give you a copy of the final contract within 14 days after it is made. This rule doesn t, however, apply if the credit provider has previously given you a copy of the contract document to keep. 36

39 If you want another copy of your contract, write to your credit provider and ask for one. Your credit provider may charge you a fee. Your credit provider has to give you a copy within 14 days of your written request if the original contract came into existence 1 year or less before your request; or otherwise within 30 days of your written request. 3. Can I terminate the contract? Yes. You can terminate the contract by writing to the credit provider so long as you haven t obtained any credit under the contract; or a card or other means of obtaining credit given to you by your credit provider hasn t been used to acquire goods or services for which credit is to be provided under the contract. However, you ll still have to pay any fees or charges incurred before you terminated the contract. 4. Can I pay my credit contract out early? Yes. Pay your credit provider the amount required to pay out your credit contract on the day you wish to end your contract. 5. How can I find out the pay out figure? You can write to your credit provider at any time and ask for a statement of the pay out figure as at any date you specify. You can also ask for details of how the amount is made up. Your credit provider must give you the statement within 7 days after you give your request to the credit provider. You may be charged a fee for the statement. 6. Will I pay less interest if I pay out my contract early? Yes. The interest you can be charged depends on the actual time money is owing. However, you may have to pay an early termination charge (if your contract permits your credit provider to charge one) and other fees. 37

40 7. Can my contract be changed by my credit provider? Yes, but only if your contract says so. 8. Will I be told in advance if my credit provider is going to make a change in the contract? That depends on the type of change. For example you get at least same day notice for a change to an annual percentage rate. That notice may be a written notice to you or a notice published in a newspaper you get 20 days advance written notice for a change in the way in which interest is calculated; or a change in credit fees and charges; or any other changes by your credit provider; except where the change reduces what you have to pay or the change happens automatically under the contract. 9. Is there anything I can do if I think that my contract is unjust? Yes. You should first talk to your credit provider. Discuss the matter and see if you can come to some arrangement. If that is not successful, you may contact your credit provider s external dispute resolution scheme. External dispute resolution is a free service established to provide you with an independent mechanism to resolve specific complaints. Your credit provider s external dispute resolution provider is the Financial Ombudsman Service Australia and can be contacted at (free call), or at GPO Box 3, Melbourne VIC 3001 (Australia). Alternatively, you can go to court. You may wish to get legal advice, for example from your community legal centre or Legal Aid. You can also contact ASIC, the regulator, for information on or through the ASIC website at

41 INSURANCE 10. Do I have to take out insurance? Your credit provider can insist you take out or pay the cost of types of insurance specifically allowed by law. These are compulsory third party personal injury insurance, mortgage indemnity insurance or insurance over property covered by any mortgage. Otherwise, you can decide if you want to take out insurance or not. If you take out insurance, the credit provider can t insist that you use any particular insurance company. 11. Will I get details of my insurance cover? Yes, if you ve taken out insurance over mortgaged property or consumer credit insurance and the premium is financed by your credit provider. In that case the insurer must give you a copy of the policy within 14 days after the insurer has accepted the insurance proposal. Also, if you acquire an interest in any such insurance policy which is taken out by your credit provider then, within 14 days of that happening, your credit provider must ensure you have a written notice of the particulars of that insurance. You can always ask the insurer for details of your insurance contract. If you ask in writing, your insurer must give you a statement containing all the provisions of the contract. 12. If the insurer doesn t accept my proposal, will I be told? Yes, if the insurance was to be financed by the credit contract. The insurer will inform you if the proposal is rejected. 13. In that case, what happens to the premiums? Your credit provider must give you a refund or credit unless the insurance is to be arranged with another insurer. 39

42 GENERAL 14. What do I do if I cannot make a repayment? Get in touch with your credit provider immediately. Discuss the matter and see if you can come to some arrangement. You can ask your credit provider to change your contract in a number of ways to extend the term of your contract and reduce payments; or to extend the term of your contract and delay payments for a set time; or to delay payments for a set time. 15. What if my credit provider and I can t agree on a suitable arrangement? If the credit provider refuses your request to change the repayments, you can ask the credit provider to review this decision if you think it is wrong. If the credit provider still refuses your request you can complain to the external dispute resolution scheme that your credit provider belongs to. Further details about this scheme are set out below in question Can my credit provider take action against me? Yes, if you re in default under your contract. But the law says that you can t be unduly harassed or threatened for repayments. If you think you re being unduly harassed or threatened, contact the credit provider s external dispute resolution scheme or ASIC, or get legal advice. 17. Do I have any other rights or obligations? Yes. The law will give you other rights and obligations. You should also READ YOUR CONTRACT carefully. IF YOU HAVE ANY COMPLAINTS ABOUT YOUR CREDIT CONTRACT, OR WANT MORE INFORMATION, CONTACT YOUR CREDIT PROVIDER S CUSTOMER RESOLUTION TEAM ON THE PHONE NUMBER OR AT THE POSTAL ADDRESS SHOWN ON YOUR STATEMENT OF ACCOUNT. YOU MUST ATTEMPT TO RESOLVE YOUR COMPLAINT WITH YOUR CREDIT 40

43 PROVIDER BEFORE CONTACTING YOUR CREDIT PROVIDER S EXTERNAL DISPUTE RESOLUTION SCHEME. IF YOU HAVE A COMPLAINT WHICH REMAINS UNRESOLVED AFTER SPEAKING TO YOUR CREDIT PROVIDER YOU CAN CONTACT YOUR CREDIT PROVIDER S EXTERNAL DISPUTE RESOLUTION SCHEME OR GET LEGAL ADVICE. EXTERNAL DISPUTE RESOLUTION IS A FREE SERVICE ESTABLISHED TO PROVIDE YOU WITH AN INDEPENDENT MECHANISM TO RESOLVE SPECIFIC COMPLAINTS. YOUR CREDIT PROVIDER S EXTERNAL DISPUTE RESOLUTION PROVIDER IS THE FINANCIAL OMBUDSMAN SERVICE AUSTRALIA AND CAN BE CONTACTED AT (FREE CALL), AU or AT GPO BOX 3, MELBOURNE VIC 3001 (AUSTRALIA). PLEASE KEEP THIS INFORMATION STATEMENT. YOU MAY WANT SOME INFORMATION FROM IT AT A LATER DATE. 41

44 Gem Visa Important Privacy Information By completing an Application Form for a credit facility, you acknowledge and consent to all of the matters set out in this Privacy Notice, including the collection, use and disclosure of your personal information by each member of the Latitude Group and other parties as described. Important Privacy Notice Personal information In this Privacy Notice, references to personal information include: sensitive information (such as information or an opinion about an individual s racial or ethnic origin, membership of a political, professional or trade association and health information); credit information (such as your identification details, information about your account, whether it is open or closed and the relevant dates, the type (such as a credit card or loan) and amount of credit, and your repayment history information, such as whether you have made, or missed, a payment on your credit facility); and credit eligibility information, which is information about you disclosed to us by a credit reporting body or information we derive from it about you. Privacy Act In this Privacy Notice, a reference to the Privacy Act 1988 includes amendments to the Act, including the Privacy Amendment Act 2013 which introduces the Australian Privacy Principles. Privacy Notice This Privacy Notice is provided by Latitude Finance Australia ABN who is the credit provider under the credit facility to which this Privacy Notice relates and is referred to in this notice as the Credit Provider. The Credit Provider and its related entities in Australia are referred to in this notice as the Latitude Group. This Privacy Notice contains important information about the collection, use and disclosure of personal information by the Latitude Group. Where personal information is collected, used and disclosed for the same purposes by the Credit Provider and the other Latitude Group companies, the word we or us is 42

45 used. Where personal information is treated differently, the organisation or group is identified separately. In this Privacy Notice, you / your includes all borrowers, guarantors or other relevant individuals (such as directors or shareholders) connected with a borrower and named in an Application Form. What personal information (including, as applicable, credit information) is collected? Generally, we collect: information you provide in the Application Form; purchase and cash advance information (for example, the type of goods purchased and where they were purchased); information relating to your credit facility, your ongoing use of that account and your credit limit; information about your participation in the relevant associated loyalty program; information you provide when registering, or using, your credit facility on one of our websites; information held by a service provider (for example, a loyalty program operator, a customer service organisation such as a call centre, a rewards provider and others described below under Who your personal information may be shared with ); sensitive information (in particular, health information) where it is necessary for us to provide you with a Latitude Group product or a service (including assessing hardship applications); information from third parties (such as employers, government bodies, accountants, financial institutions and related companies, here or overseas) where it is unreasonable or impracticable to collect the information from you. Such circumstances may include where Latitude seeks to verify the income or other details you provided in your Application Form, to obtain information about facilities with other credit providers or where dealers or retailers collect or disclose information about your purchases. 43

46 Why personal information is collected, used and disclosed We collect, use and disclose your personal information: to assess your application for a credit facility and if it is approved, for the establishment and subsequent administration of the credit facility; to share your personal information with related bodies for the purposes set out in this Privacy Notice; and to assess, establish and administer any credit related insurance product (including, if applicable, assessing your application for insurance). We may also collect, use and disclose personal information for a number of purposes, including: to perform administrative tasks and manage business operations related to the credit facility and any associated loyalty program, including dispute resolution; to provide any associated loyalty program, if applicable; promote and provide benefits associated with the credit facility and discounts to which you are entitled; promote and provide products, services and offers of the Latitude Group and other Latitude related entities and other organisations; for planning, product and service development and research purposes; for risk assessment modeling; where you are a guarantor to support the applicants application for credit, to allow Latitude Group to assess whether to accept you as a guarantor for the credit facility, for keeping you informed about the status of the credit facility, and to enforce the guarantee; for fraud and crime prevention and investigation; to comply with laws that may require or authorise us to obtain information about you, such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and other anti-money laundering legislation (for example, for identity verification), the National Consumer Credit 44

47 Protection Act 2009, the Personal Property Securities Act 2009 (for example, if relevant, for search and registration purposes) and other regulatory legislation (for example, requiring us to maintain client and transaction records, to provide information relating to loans to the Australian Prudential Regulation Authority and to make reports and provide other information to regulators) and the Taxation Administration Act 1953, the Income Tax Assessment Act 1997 and other taxation laws (for example, to comply with information requests issued by the Commissioner of Taxation); to assist in finalising your application for your credit facility (including informing any Introducer of the outcome of my application) or making a purchase on your credit facility; and for other purposes as listed in our Privacy Policy and our Credit Reporting Policy (our Credit Reporting Policy also notes limitations that may apply to the purposes for which we may use your credit information). Consequences for you if your personal information is not provided to us If this personal information about you is not provided to us, it may result in the Credit Provider and/or the Latitude Group being unable to provide the credit facility or the benefits associated with it. The Credit Provider and/or the Latitude Group may also be unable to process your application, or to establish or administer the credit facility. Collection, use and disclosure by Latitude Group of your credit information and credit eligibility information We may obtain your credit reporting information from credit reporting bodies in circumstances permitted by the Privacy Act 1988, for example to assess your application for consumer or commercial credit and to collect payments which are overdue for consumer or commercial credit. We use credit eligibility information for purposes permitted under the Privacy Act 1988, including for the purposes of assessing your initial and ongoing application and availability for credit and for internal management purposes. 45

48 If you are a guarantor, you agree that we may obtain credit reporting information about you from credit reporting bodies for the purposes of assessing whether to accept you as a guarantor in relation to credit provided by us to an applicant or credit for which an application has been made to us by an applicant. We may disclose personal information about you to credit reporting bodies (including credit information, such as details about the credit that we provide to you, your repayment history and any repayment defaults). The credit reporting bodies that we exchange credit information with, and where you can find their privacy policies (which sets out how they manage credit-related personal information) are: Veda Telephone Dun and Bradstreet Telephone Experian Telephone These credit reporting bodies may include the information in reports provided to credit providers to assist them to assess your credit worthiness. Please be aware that you have a right to request that these credit reporting bodies do not: use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider; and use or disclose your credit reporting information, if you believe on reasonable grounds that you have been or are likely to be a victim of fraud. You should also be aware that: if you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement, the Credit Provider may be entitled to disclose this to the credit reporting body; and you have a right to access the information from the Credit Provider, to request that the Credit Provider correct the information and to make a complaint to the Credit Provider (please see below for more details about access, correction and complaints). The Credit Reporting Policy on our website includes 46

49 the most up-to-date information about how we handle your credit-related personal information, including information about the credit reporting bodies to whom we are likely to disclose your personal information. Please view our Credit Reporting Policy under the privacy section at or contact us on Without limiting any other consents contained in this Privacy Notice, you agree that we may share information about your credit arrangements and credit eligibility information about you with any credit providers named by you in the Application Form and any credit providers named in a credit report obtained by us and issued by a credit reporting body in a manner and for purposes that comply with the Privacy Act 1988, including to assess your application for credit and your credit worthiness. Subject to the Privacy Act 1988, we may also share information concerning a credit facility granted to you or the conduct of that credit facility. Who your personal information may be shared with? For the purposes listed above or as described, we may share your personal information with the following (as well as otherwise permitted by the Privacy Act 1988): any Introducers (including brokers, dealers and retail partners), if applicable. To the extent that an Introducer is acting on your behalf, you authorise the Introducer to receive personal information, including credit eligibility information, from us; any employer named in the Application Form to verify the personal information provided; service providers such as customer service organisations, call centres, mailing houses, researchers, collections agents, data analysts, professional advisers (such as accountants), auditors, organisations providing services and rewards relevant to any associated loyalty program, delivery companies, mailing organisations; other organisations as required or authorised by law, for example, to government or regulatory bodies for the prevention or detection of unlawful 47

50 activities; members of the Latitude Group and Latitude related entities in Australia and overseas; credit reporting bodies or other businesses or other organisations that provide personal credit or commercial credit information as described above in the section Collection, use and disclosure by Latitude Group of your credit information and credit eligibility information ; other financial institutions, government bodies and credit providers; card schemes such as MasterCard; your nominated referees; additional cardholders or other persons (if any) authorised by you to operate or access your credit facility; organisations through whom you choose to make payments to Latitude Group; providers of services related to the credit facility such as statement producers, debt collection agencies and card manufacturers; and organisations wishing to acquire an interest in any part of Latitude s business for assessing or implementing any such acquisition. Safeguarding personal information We will take reasonable steps to protect personal information about you that they hold and transmit, from misuse, interference and loss and from unauthorised access, modification and disclosure. Transfer or disclosure of your personal information overseas In some circumstances, for the purposes set out in this Privacy Notice, your personal information, credit information and credit eligibility information may be disclosed by us to organisations located overseas and which do not have an Australian Link (for example, a disclosure to an overseas recipient may be necessary for operational reasons such as because you have requested an international payment to be made or another product or service that involves an international element or to comply with foreign legal or regulatory requirements). We may also use service providers based overseas. 48

51 Where such disclosures occur, arrangements will be put in place to protect your personal information. It is not practicable to list every country in which such recipients are located but it is likely that the countries to which your information may be disclosed are as follows: China; Hungary; India; Japan; Mexico; New Zealand; Malaysia; Poland; Singapore; Spain; South Korea; United Kingdom; United States of America. Transfer of Latitude Group s rights The Credit Provider and the Latitude Group may, without notice to you or obtaining your consent: assign any of its rights under the credit facility; and give information about the credit facility and your obligations under it to any assignee, or anyone who is considering becoming an assignee. Access to personal information You may contact us to request access to your personal information held by us by: contacting Latitude at 572 Swan Street, Richmond, Victoria, 3121 Attention: Privacy Officer; Or call us on Both our Privacy and Credit Reporting Policies are available under the privacy section at These policies contain further information about how you may access the personal information we hold about you. A charge may apply for providing you with access to your personal information. 49

52 How to seek correction of your personal, credit, or credit eligibility information If you believe that the information that we hold about you is incorrect in any way, please call us on or write to us at GPO Box 1007, Melbourne VIC Our Privacy Policy and Credit Reporting Policy contain further information about how you may seek the correction of personal information (including credit eligibility information) we hold about you. How we will deal with a complaint? Our Privacy Policy and Credit Reporting Policy also contains information as to how you can complain about a breach by us of the Privacy Act (including the credit reporting provisions in Part IIIA) or the Credit Reporting Code and how we will deal with such a complaint. We aim to review and resolve your enquiries as quickly and fairly as possible. We will keep you informed of our progress. We will do all we can to provide you with the most suitable response specific to your situation and ensure, where possible, that your complaint is resolved to your satisfaction. The Latitude Group Customer Resolution Team can be contacted on or you can write to them at: GPO Box 2256 Melbourne VIC Information about additional cardholders and other persons If you nominate an additional cardholder or provide personal information about any other individual, such as a referee, you must first ensure that the person concerned: has seen this Privacy Notice and understood its contents; and has separately agreed to their personal information being collected, used and disclosed in accordance with this Privacy Notice. If you nominate an additional cardholder under 18 years of age who does not have sufficient maturity to understand this Privacy Notice, you must ensure 50

53 that a parent or guardian agrees to this Privacy Notice on their behalf. Direct marketing opt-out The consents given by you in relation to the use of your personal information for direct marketing apply to contacting you by all relevant means (for example, by letter, or phone) and apply for an indefinite period of time, unless you expressly withdraw those consents by notice to us. If you do not want to receive direct marketing information from the Credit Provider you may call our Customer Solutions Team on Communication If you provide Latitude Group with an address, you consent to electronic communications being sent to you via that address, including notices and reminders. To protect your privacy, we recommend that any address you provide to us be your personal address rather than, for example, an address accessible by your work colleagues or family members. 51

54 Which ID can I use? Option 1 Option 2 Secondary ID Any one of the following (must be current) Driver s license Learner s permit Proof of age card With your correct name, current address and date of birth. If your details are incorrect you will also need to provide one secondary ID. Any one of the following Passport (current or expired within the last 2 years) Pension card (current only) Together with one Secondary ID. Any one of the following (must contain your current address) Utility bill (under 3 months old) Rates notice (under 3 months old) Australian Tax Office Tax Assessment Notice (under 12 months old) Centrelink statement (under 12 months old)

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56 For more information on how to make the most of your 0% Interest Payment Plan visit gemvisa.com.au It s a gem PO Box 1007, Melbourne, VIC 3001 Gem Visa is a credit facility provided by Latitude Finance Australia (ABN ). Australian Credit Licence number GEGEM /17