Privacy Policy. your name, address, residential address and contact telephone numbers;

Transcription

1 Privacy Policy Version: 16 December 2018 This Privacy Policy governs the terms on which a natural person or business entity (being a sole proprietorship, partnership, company or institutional investor) (you or your) as Borrower, Guarantor, Investor or Referrer agree to collection, use and disclosure of your personal information by Lending Crowd Limited (Lending Crowd) and has been prepared in accordance with Lending Crowd s obligations and your rights set out in the Privacy Act 1993 (NZ). Terms defined in the LCL Service Terms and Conditions shall bear the same meaning where used in this Privacy Policy. Lending Crowd recognises that your privacy is very important to you and that you have the right to control your personal information. Lending Crowd reserves the right to modify or amend this Privacy Policy at any time and for any reason. By accessing and using the Website you on behalf of yourself as Borrower and any Guarantor or as Investor or as Referrer consent to Lending Crowd s use of your personal information in accordance with this Privacy Policy (as amended from time to time). This Privacy Policy explains: what kind of personal information Lending Crowd collects; where Lending Crowd collects personal information from; how Lending Crowd uses personal information; marketing communications; how Lending Crowd stores personal information; how you can access/amend your personal information; how long Lending Crowd holds personal information; and who you can contact for further information. What kind of personal information Lending Crowd collects Lending Crowd collects the personal information that you give Lending Crowd, which may include, without limitation: your name, address, residential address and contact telephone numbers; your IRD number and tax status; information about your employment, your income, and your financial and personal circumstances; where you are a company, information about your business, its directors and shareholders, its structure and financial position; and where relevant, specific documents which verify your identity and other personal details. Lending Crowd may also keep a record of any information that you acquire from Lending Crowd. You can visit this Website without telling Lending Crowd who you are or revealing other personal information. 1

2 Where Lending Crowd collects personal information from Lending Crowd collects personal information through this Website by the following means: by you contacting Lending Crowd enquiring about information about Lending Crowd and the Service; when you register on the Website as a member of Lending Crowd, or as a Borrower or an Investor; or when you register as a Referrer by contacting Lending Crowd and enter into a Referrer Agreement; or when you participate in any promotions Lending Crowd may make available, or competitions that Lending Crowd may run, through this Website If you are or want to be a Borrower or Investor or Referrer, Lending Crowd may also collect personal information about you and any Guarantor from individuals or organisations. You authorise any individual or organisation holding information about you to disclose that information to Lending Crowd for the purposes set out below. Without limiting those individuals or organisations, they include Centrix Group Limited and Centrix Data One Limited (together, Centrix), Equifax New Zealand Information Services and Solutions Limited (Equifax), Virginia Surety Company, Inc. (VSC), Protecta Insurance New Zealand Limited (Protecta), any finance company, bank, Regional and District Council, Work and Income NZ, Department of Justice, Police Department, Land Transport NZ, Inland Revenue Department, Accident Compensation Corporation (or any successors of the Government agencies listed), your employers and landlords (both now and in the future), your mortgagees, their respective solicitors and any real estate/rental agencies. Lending Crowd will not otherwise collect any personal information about you except when you knowingly provide it. How Lending Crowd uses personal information Lending Crowd may use your personal information for the following purposes: responding to queries; providing you with information about Lending Crowd; providing you with the Service, as requested by you; providing you with information about the Service; providing you with the ability to refer Loans; verifying your identity, and carrying out credit and other checks, for the purpose of registering you as a Borrower or as an Investor or as a Referrer or confirming you as a Guarantor; ensuring that Lending Crowd complies with relevant legislation and regulations in providing the Service to you or providing you with access to the Service; and any specific purpose which Lending Crowd notifies you of at the time personal information is collected. Lending Crowd (and Lending Crowd s third-party service providers) may use, sell, licence, distribute and disclose data which Lending Crowd develops from personal information, provided that such data has been stripped of all personally identifiable information. Lending Crowd may disclose information about you (including your identity) to a third party for the following purposes: carrying out credit and identity checks; facilitating debt collection and recovery; conducting legal proceedings or other investigations; providing the Service to you; enabling any third party to provide services to Lending Crowd or to you; and 2

3 enabling Investors, prospective Investors, the Trustee who uses Investor funds to make Loans to Borrowers, and Finance Direct (as purchaser of any Loan) to comply with their customer due diligence and other obligations under any anti-money laundering legislation. By accessing and using this Website and providing your personal information to Lending Crowd, you acknowledge and agree that you understand that if Lending Crowd discloses your personal information to a credit reporting agency for the purpose of Lending Crowd providing the Service to you, that agency may hold your information on their credit reporting database and use it for providing credit reporting services and for any other lawful purpose and that agency may disclose your information to their subscribers (including Lending Crowd) for the purpose of credit checking or debt collection or for any other lawful purpose in accordance with the Credit Reporting Privacy Code. Lending Crowd may disclose information about you as a Borrower or Guarantor (including your identity) to the relevant Referrer who referred your Loan, at any time, including without limitation, your name, address and phone number. By accessing and using this Website and providing your personal information to Lending Crowd in relation to a Referred Loan, you acknowledge and agree that Lending Crowd may disclose your personal information to the relevant Referrer, and that Referrer may only use it for the purposes of the relevant Referrer Agreement. If you have registered as a Borrower and you have asked someone else to register as a co- Borrower or Guarantor, each of you acknowledge and agree that: you consent to Lending Crowd providing your personal information to the other of you; and Lending Crowd will be entitled to accept instructions from any of you in respect of the access to, use of, and amendment to, your personal information by Lending Crowd. Marketing communications By accepting the terms of this Privacy Policy and providing Lending Crowd with your personal information, you agree to Lending Crowd using that personal information for the purpose of informing you about the Service. How Lending Crowd stores personal information Lending Crowd stores personal information electronically and in paper-based form. The personal information is kept safe and secure using generally accepted standards of security. How you can access/amend your personal information You may access your personal information that Lending Crowd holds by ing Lending Crowd at support@lendingcrowd.co.nz. Lending Crowd will provide you with a copy of the personal information Lending Crowd keeps about you. You may request that the personal information Lending Crowd holds about you be corrected by ing Lending Crowd at support@lendingcrowd.co.nz. If Lending Crowd agrees that your personal information is to be corrected, Lending Crowd will provide you with an amended record of your personal information. How long Lending Crowd holds personal information Lending Crowd will keep your personal information only for as long as necessary to achieve the purpose for which Lending Crowd collected it and, in all cases, for such periods as Lending Crowd are required to in order to comply with any relevant legislation and regulations. Equifax & Centrix If Lending Crowd uses Equifax and/ or Centrix credit reporting service (each a CR Service) to credit check you, you understand that: CR Service will give Lending Crowd information about you for that purpose; 3

4 Lending Crowd will give your personal information to CR Service, and that CR Service will hold that information on their systems and use it to provide their credit reporting service; Lending Crowd may also disclose your your comprehensive credit account information (CCR) including repayment history information to CR Service; when other CR Service customers use the CR Service credit reporting service, CR Service may give the information to those customers; you consent to CR Service (or the Ministry of Justice) disclosing to Lending Crowd any information they hold relating to any overdue fines that may be outstanding against you; Lending Crowd may use CR Service s credit reporting services in the future for purposes related to the provision of credit to you. This may include using CR Service s monitoring services to receive updates if any of the information they hold relating to any overdue fines that may be outstanding against you; Lending Crowd may use CR Service s credit reporting services in the future for purposes related to the provision of credit to you. This may include using CR Service s monitoring services to receive updates if any of the information held about you changes; Lending Crowd will be using CR Service s credit reporting service to credit check you, including to verify your identity as Lending Crowd may be required to do by laws such as the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ); if you default in your payment obligations to Lending Crowd, information about that default may be given to CR Service, and CR Service may give information about your default to other CR Service customers; and if Lending Crowd ask you to provide Lending Crowd with your driver s license number(s) to help Lending Crowd to confirm your identity, you understand that Lending Crowd may pass this information on to CR Service. You understand that disclosure of your driver s licence number(s) to CR Service is voluntary. Insurance Loan Repayment If you elect to take out insurance loan repayment in connection with your Loan, you understand that: VSC and its agent Protecta, will collect information to evaluate whether they will provide insurance cover; subject to the provisions of the Privacy Act 1993, the information is being held by Protecta at 110 Symonds Street, Auckland; you have certain rights to and correction of this information. Any correction or enquiry you wish to make can be directed to Protecta; VSC and Protecta will use this information to provide a quote, consider your application for cover, for analytical purposes and where cover is accepted, to management or settlement of your claims. To do this they may provide such information to third parties such as other insurance companies, reinsurers, external claims data collectors, and their agents or other parties required by law; where you provide information about other persons, you must have their consent to do this and provide it on their behalf; and if you fail to provide the information requested, it may result in VSC or Protecta not being able to provide you with services. Who you can contact for further information If you have any queries about this Privacy Policy or personal information that Lending Crowd has collected, please contact Lending Crowd by: ing Lending Crowd at support@lendingcrowd.co.nz; calling Lending Crowd helpdesk on 0800 LENDING CROWD or ; or writing to Lending Crowd at the postal address detailed on the Website. 4

5 5