Privacy Policy

SECTION A – INTRODUCTION


1. INTRODUCTION

1.1              As part of Flash Money Pty Ltd’s (“Flash Money”) process to ensure that it continues to maintain the highest levels of professional integrity and ethical conduct, Flash Money has adopted this Privacy Policy (“Policy”) to manage personal information in an open and transparent manner.

1.2            The provisions of this Policy will assist Flash Money in complying with the requirements of the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Credit Reporting Code in protecting the personal information Flash Money holds about its clients.

2. WHEN DOES THIS POLICY APPLY?

2.1            This Policy applies to all representatives and employees of Flash Money at all times and the requirements remain in force on an ongoing basis.

3. GLOSSARY

TERMDEFINATION
APP entitymeans an agency or organisation as defined in section 6 of the Privacy Act 1988.
Australian lawmeansan Act of the Commonwealth or of a State or Territory;or regulations, or any other instrument, made under such an Act; ora Norfolk Island enactment; ora rule of common law or equity.
CollectsFlash Money collects personal information only if Flash Money collects the personal information for inclusion in a record or generally available publication.
Consumer Credit Reports a document produced by a credit reporting body (CRB) containing personal information about a client that has been provided by credit providers, or obtained from other sources. The credit reporting laws determine what information can be included in the consumer credit report. This includes, for example, information about any credit applications a client has made and any issues with repayment obligations, such as defaults, court judgments or bankruptcies.
ourt/tribunal ordermeans an order, direction or other instrument made by:a court; ora tribunal; ora judge (including a judge acting in a personal capacity) or a person acting as a judge; ora magistrate (including a magistrate acting in a personal capacity) or a person acting as a magistrate; ora member or an officer of a tribunal; P 5 OF 21 and includes an order, direction or other instrument that is of an interim or interlocutory nature.
CR Coderefer to the Privacy (Credit Reporting) Code. This is written code of practice about credit reporting. The CR code supplements the credit reporting provisions contained in Part IIIA of the Privacy Act. A breach of the CR code is a breach of the Privacy Act. The CR code is registered on the OAIC’s Codes Register.
Credit Eligibility Informationmeans credit reporting information that was disclosed to the credit provider by a CRB, or CP derived information. Credit eligibility information is generally held by a credit provider and may be disclosed to Affected Information Recipients and other entities in specific circumstances.
Credit ProviderThe following entities are included as credit providers for the purposes of the Privacy Act:a bank;an organisation or small business operator if a substantial part of its business is the provision of credit, such as a building society, finance company or a credit union;a retailer that issues credit cards in connection with the sale of goods or services;an organisation or small business operator that supplies goods and services where payment is deferred for 7 days or more, such as a telecommunications carriers and energy and water utilities; andcertain organisations or small business operators that provide credit in connection with the hiring, leasing or renting of goods.mportantly, the following entities are not credit providers:real estate agents;general insurers; andemployers.
CP Derived Informationabout an individual means any personal information (other than sensitive information) about the individual:that is derived from credit reporting information about the individual that was disclosed to a credit provider by a credit reporting body; andthat has any bearing on the individual’s credit worthiness; andthat is used, has been used or could be used in establishing the individual’s eligibility for consumer credit.
Credit-Related Informationmeans personal information that is:identification information about the individual; orconsumer credit liability information about the individual; orrepayment history information about the individual; ora statement that an information request has been made in relation to the individual by a credit provider, mortgage insurer or trade insurer; orthe type of consumer credit or commercial credit, and the amount of credit, sought in an application:that has been made by the individual to a credit provider; andin connection with which the provider has made an information request in relation to the individual; ordefault information about the individual; orpayment information about the individual; ornew arrangement information about the individual; orcourt proceedings information about the individual; orpersonal insolvency information about the individual; orpublicly available information about the individualthat relates to the individual’s activities in Australia or the external Territories and the individual’s credit worthiness; andthat is not court proceedings information about the individual or information about the individual that is entered or recorded on the National Personal Insolvency Index; orthe opinion of a credit provider that the individual has committed, in circumstances specified by the provider, a serious credit infringement in relation to consumer credit provided by the provider to the individual.
Credit Reporting Body (CRB)means a business or undertaking that involves collecting, holding, using or disclosing personal information about individuals for the purpose of, or for purposes including the purpose of, providing an entity with information about the credit worthiness of an individual.
Credit Reporting Lawsare the laws regulating the handling of personal information for consumer credit reporting in Australia that are contained in the Privacy Act (principally in Part IIIA), the Privacy (Credit Reporting) Code and the Privacy Regulation 2013.
De-identifiedpersonal information is de-identified if the information is no longer about an identifiable individual or an individual who is reasonably identifiable.
HoldsFlash Money holds personal information if it has possession or control of a record that contains the personal information.
Identifier of an individualmeans a number, letter or symbol, or a combination of any or all of those things, that is used to identify the individual or to verify the identity of the individual, but does not include:the individual’s name; orthe individual’s ABN (within the meaning of the A New Tax System (Australian Business Number) Act 1999); oranything else prescribed by the regulations.
Permitted general situationAs defined in s16A of the Privacy Act 1988
Personal Information meansmeans information or an opinion about an identified individual, or an individual who is reasonably identifiable:whether the information or opinion is true or not; andwhether the information or opinion is recorded in a material form or not.
Sensitive InformationmeansInformation or an opinion about an individual’s:racial or ethnic origin; orpolitical opinions; ormembership of a political association; orreligious beliefs or affiliations; orphilosophical beliefs; ormembership of a professional or trade association; ormembership of a trade union; orsexual orientation or practices; orcriminal record; that is also personal information; orhealth information about an individual; orgenetic information about an individual that is not otherwise health information; orbiometric information that is to be used for the purpose of automated biometric verification or biometric identification or biometric templates
Small Business Operators (SBO)is a person or organisation that has an annual turnover of $3,000,000 or less. For the purposes of the Privacy Act health service or businesses that trade in personal information are not SBO.

4. PERSONAL INFORMATION

4.1            The personal information Flash Money collects may include the following:

(a)            name;

(b)            address;

(c)            date of birth;

(d)            gender;

(e)            marital status;

(f)            occupation;

(g)            account details;

(h)            contact details (including telephone, facsimile and e-mail);

(i)            financial information (including transactional and trading history); and

(j)            other information Flash Money considers necessary to their functions and activities.

4.2            Flash Money must not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of Flash Money’s functions or activities.

4.3            Flash Money’s functions or activities include:

(a)            Engaging in credit activities as a credit provider by:

(i)            carrying on a business of providing credit being credit the provision of which the National Credit Code applies to; and/or

(ii)            being a credit provider under a credit contract; and/or

(iii)            performing the obligations or exercising the rights of a credit provider in relation to a credit contract or proposed credit contract as the credit provider; and/or

(iv)            providing credit assistance to a consumer which relates to a credit contract or proposed credit contract under which the licensee is or will be the credit provider; and/or

(v)            being a mortgagee under a mortgage that secures or will secure obligations under a credit contract under which the licensee is the credit provider; and/or

(vi)            performing the obligations or exercising the rights of a mortgagee in relation to a mortgage or proposed mortgage which secures or will secure obligations under a credit contract under which the licensee is the credit provider; and/or

(vii)            being a beneficiary under a guarantee that guarantees obligations under a credit contract under which the licensee is the credit provider; and/or

(viii)            performing the obligations or exercising the rights of a beneficiary under a guarantee or proposed guarantee which guarantees obligations under a credit contract under which the licensee is the credit provider; and/or

(ix)            carrying on a business of providing consumer leases; and/or

(x)            being a lessor under a consumer lease; and/or

(xi)            providing credit assistance to a consumer in relation to a consumer lease or proposed consumer lease for which the licensee is the lessor; and/or

(xii)            performing the obligations or exercising the rights of a lessor in relation to the consumer lease as the lessor.

5. SENSITIVE INFORMATION

5.1            Flash Money must not collect sensitive information about an individual unless:

(a)            the individual consents to the collection of the information and the information is reasonably necessary for one or more of Flash Money’s functions or activities (as described in section 4.3); or

(b)            the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or

(c)            a permitted general situation exists in relation to the collection of the information by Flash Money; or

(d)            a permitted health situation exists in relation to the collection of the information by Flash Money.

6. CREDIT-RELATED INFORMATION

6.1            Where Flash Money receives a request for credit, the prospective client will be required to provide the following information:

(a)            your name, residential address (including previous addresses), contact details (including telephone and email addresses) and other identity verification emails;

(b)            your date of birth and gender;

(c)            your credit history (including any repayments missed or late repayments that you have made)

(d)            any credit rating or credit assessment score that we have derived or that is provided to us by a credit reporting body;

(e)            details of any credit-related court proceedings or insolvency applications that relate to you;

(f)            past experiences with Flash Money or other lenders, including the kinds of credit products the client has sought and how the client managed their obligations;

(g)            where the prospective client makes a hardship application, Flash Money may require the client to provide additional information about their personal circumstances which Flash Money considers necessary

(h)            other information Flash Money considers necessary to their credit functions and activities.

7. MEANS OF COLLECTION

7.1            Flash Money must only collect Credit-Related and/or Personal Information by lawful and fair means.

7.2            Flash Money must only collect Personal Information about an individual from the individual (rather than someone else), unless it is unreasonable or impracticable to do so or the individual has instructed Flash Money to liaise with someone else.

7.3            Flash Money will collect Credit-Related and/or Personal Information from an individual when:

(a)            Flash Money’s Application Form is completed;

(b)            a Client provides the information to Flash Money’s representatives over the telephone or via email; and

(c)            a Client provides the information to Flash Money on the website.

8. PURPOSE OF COLLECTION

8.1            If an individual is acquiring or has acquired a product or service from Flash Money, the individual’s Credit-Related and/or Personal Information will be collected and held for the purposes of:

(a)            checking whether an individual is eligible for Flash Money’s product;

(b)            disclosing an individual’s Credit-Related Information to any of Flash Money’s related companies that are also are considering whether to provide credit to the individual;

(c)            providing the individual with Flash Money’s product or service;

(d)            managing and administering Flash Money’s product or service;

(e)            to collect payments that are owed to Flash Money in respect of any credit that has previously provided to the individual;

(f)            protecting against fraud, crime or other activity which may cause harm in relation to Flash Money’s products or services;

(g)            responding to a complaint;

(h)            where you otherwise expressly consent to the use or disclosure

(i)            complying with legislative and regulatory requirements in any jurisdiction; and

(j)            to assist Flash Money in the running of its business.

8.2            Flash Money may also collect Personal information for the purposes of letting an individual know about products or services that might better serve their needs or other opportunities in which they may be interested. Please refer to Section G for further information.

9. DEALING WITH UNSOLICITED PERSONAL INFORMATION

9.1            If Flash Money:

(a)            receives personal information about an individual; and

(b)            the information is not solicited by Flash Money

Flash Money must, within a reasonable period after receiving the information, determine whether or not it was permitted to collect the information under Section B above.

9.2            Flash Money may use or disclose personal information for the purposes of making the determination under paragraph 9.1.

9.3            If Flash Money:

(a)            determines that it could not have collected the personal information; and

(b)            the information is not contained in a Commonwealth record,

Flash Money must as soon as practicable, destroy the information or ensure that the information is de-identified, only if it is lawful and reasonable to do so.

SECTION D – NOTIFICATION OF THE COLLECTION OF INFORMATION


10. CREDIT-REPORTING AND PRIVACY STATEMENT

10.1            The Director must ensure that at all times it maintains a clearly expressed and up-to-date Credit-Reporting and Privacy Statement that:

(a)            is current and reflects the latest applicable Australian laws; and

(b)            contains the following information:

(i)            the kinds of Credit-Related and/or Personal Information that Flash Money collects and holds, and how the provider collects and holds that information;

(ii)            the kinds of credit eligibility information that Flash Money holds and how Flash Money holds that information;

(iii)            the kinds of CP derived information that Flash Money usually derives from credit reporting information disclosed to Flash Money by a credit reporting body;

(iv)            the purposes for which Flash Money collects, holds, uses and discloses Credit-Related, Personal and credit eligibility information;

(v)            how an individual may access credit eligibility information about the individual that is held by Flash Money;

(vi)            how an individual may seek the correction of Credit-Related, Personal and/or credit eligibility information about the individual that is held by the provider;

(vii)            how an individual may complain about a failure of Flash Money to comply with the Privacy Act and CR code;

(viii)            how Flash Money will deal with such a complaint; and

(ix)            whether Flash Money is likely to disclose Credit –Related, Personal and/orcredit eligibility information to entities that do not have an Australian link.

10.2            Flash Money must ensure that Flash Money’s Credit Reporting and Privacy Statement is available free of charge and in such form as appropriate. Flash Money will make the Credit Reporting and Privacy Statement available on its website.

10.3            If the Credit Reporting and Privacy Statement is requested in a particular form, Flash Money will take such steps as are reasonable to provide the Credit Reporting and Privacy Statement in the form requested.

11. ADDITIONAL NOTIFICATION REQUIREMENTS

11.1            Where Flash Money is likely to disclose Credit-Related Information collected to a credit reporting body, at or before the time a Flash Money collects the information, Flash Money must

(a)            notify the individual of the following matters:

(i)            the name and contact details of the body

(ii)            any other matter specified in the registered CR code; or

(b)            otherwise ensure that the individual is aware of those matters.

SECTION E – USE OR DISCLOSURE OF INFORMATION


12. USE OR DISCLOSURE OF PERSONAL INFORMATION

12.1            Where Flash Money holds Personal Information about an individual that was collected for a particular purpose (“the primary purpose”), Flash Money must not use or disclose the information for another purpose (“the secondary purpose”) unless:

(a)            the individual has consented to the use or disclosure of the information; or

(b)            the individual would reasonably expect Flash Money to use or disclose the information for the secondary purpose and the secondary purpose is:

(i)            directly related to the primary purpose (if the information is sensitive information); or

(ii)            related to the primary purpose (if the information is not sensitive information);

(c)            the use or disclosure of the information is required or authorized by or under an Australian law or a Court/Tribunal order; or

(d)            a permitted general situation exists in relation to the use or disclosure of the information by Flash Money; or

(e)            Flash Money reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

12.2            Where Flash Money uses or discloses Personal Information in accordance with section 12.1(e), Flash Money will keep a copy of this disclosure (e.g. the email or letter used to do so).

12.3            This section 12 does not apply to:

(a)            personal information for the purposes of direct marketing; or

(b)            government related identifiers.

12.4            If Flash Money collects personal information from a related body corporate, this section 12 applies as if Flash Money’s primary purpose for the collection was the primary purpose for which the related body corporate collected the information.

13. WHO DOES FLASH MONEY DISLCOSE PERSONAL INFORMATION TO?

13.1            Flash Money may disclose Personal Information collected from clients and prospective clients to the following:

(a)            organisations involved in providing, managing or administering Flash Money’s product or service such as third-party suppliers, e.g. printers, posting services, and our advisers;

(b)            organisations involved in maintaining, reviewing and developing Flash Money’s business systems, procedures and infrastructure, including testing or upgrading Flash Money’s computer systems;

(c)            organisations involved in a corporate re-organisation;

(d)            organisations involved in the payments system, including financial institutions, merchants and payment organisations;

(e)            organisations involved in product planning and development;

(f)            other organisations, who jointly with Flash Money’s, provide its products or services;

(g)            authorised representatives who provide Flash Money’s products or services on its behalf;

(h)            the individual’s representatives, including your legal advisers;

(i)            debt collectors;

(j)            Flash Money’s financial advisers, legal advisers or auditors;

(k)            fraud bureaus or other organizations to identify, investigate or prevent fraud or other misconduct;

(l)            external dispute resolution schemes; and

(m)            regulatory bodies, government agencies and law enforcement bodies in any jurisdiction.

14. USE OR DISCLOSURE OF CREDIT-RELATED INFORMATION

14.1            Where Flash Money holds Credit-Related Information about an individual, Flash Money must not use or disclose the information to a credit reporting body, unless:

(a)            Flash Money:

(i)            is a member of a recognized external dispute resolution scheme or is prescribed by the regulations; and

(ii)            knows, or believes on reasonable grounds, that the individual is at least 18 years old; AND

(b)            the credit reporting body is:

(i)            an agency; or

(ii)            an organization that has an Australian link; AND

(c)            the Credit-Related Information:

(i)            does not relate to an act, omission, matter or thing that occurred or existed before the individual turned 18; and

(ii)            if it relates to consumer credit or a credit contract – credit that has been provided, or applied for, in Australia; and

(iii)            if it relates to the repayment history information about the individual, then:

(A)            the credit provider is a licensee or is prescribed by the regulations; and

(B)            the repayment history has previously been disclosed to the credit reporting body; and

(C)            Flash Money has complied with the relevant disclosure obligations as required by the regulations; AND

(iv)            if it is default information about the individual:

(A)            the credit provider has given the individual a notice in writing stating that the provider intends to disclose the information to the credit reporting body; and

(B)            at least 14 days have passed since the giving of the notice.

14.2            Where Flash Money discloses Credit-Related Information under this section, Flash Money must make a written note of that disclosure to the individual.

14.3            Where Flash Money discloses Credit-Related Information to a credit reporting body and after the information was disclosed, the amount of the overdue payment to which the information relates was paid, then Flash Money must notify the credit reporting body the amount has been paid within a reasonable amount of time of receiving payment.

15. USE OR DISCLOSURE OF CREDIT ELIGIBILITY INFORMATION

15.1            Where Flash Money holds Credit Eligibility Information about an individual, Flash Money must not use or disclose the information to a, unless:

(a)            Flash Money believes on reasonable grounds that the individual has committed a serious credit infringement and the information is used in connection with the infringement; and

(b)            the use or disclosure of the information is required or authorised by or under an Australian law or a Court/Tribunal order.

SECTION F – DIRECT MARKETING


16. DIRECT MARKETING

16.1            Flash Money must not use or disclose the Personal Information it holds about an individual for the purpose of direct marketing.

17. EXCEPTION – PERSONAL INFORMATION OTHER THAN SENSITIVE INFORMATION

17.1            Flash Money may use or disclose Personal Information (other than sensitive information) about an individual for the purposes of direct marketing if:

(a)            Flash Money collected the information from the individual; and the individual would reasonably expect Flash Money to use or disclose the information for that purpose; or

(b)            Flash Money has collected the information from a third party; and either:

(i)            Flash Money has obtained the individual’s consent to the use or disclose the information for the purpose of direct marketing; or

(ii)            it is impracticable for Flash Money to obtain the individual’s consent; and

(c)            Flash Money provides a simple way for the individual to opt out of receiving direct marketing communications from Flash Money;

(d)            in each direct marketing communication with the individual Flash Money:

(i)            includes a prominent statement that the individual may opt out of receiving direct marketing; or

(ii)            directs the individual’s attention to the fact that the individual may opt out of receiving direct marketing; and

(e)            the individual has not made a request to opt out of receiving direct marketing.

18. EXCEPTION – SENSITIVE INFORMATION

18.1            Flash Money may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

19. REQUESTS TO STOP DIRECT MARKETING

19.1            Where Flash Money uses or discloses Personal Information about an individual for the purposes of direct marketing by Flash Money or facilitating direct marketing by another organisation, the individual may request:

(a)            that Flash Money no longer provide them with direct marketing communications;

(b)            that Flash Money does not use or disclose the individual’s personal information for the purpose of facilitating direct marketing by another organization;

(c)            that Flash Money provides the source of the personal information.

19.2            Where Flash Money receives a request from an individual under section 19.1, Flash Money will:

(a)            give effect to the request under section 19.1(a) or 19.1(b) within a reasonable period after the request is made and free of charge; and

(b)            notify the individual of the source of the information, if the individual requests it, unless it is impracticable or unreasonable to do so.

19.3            This Section F does not apply to the extent that the following laws apply:

(a)            the Do Not Call Register Act 2006;

(b)            the Spam Act 2003; or

(c)            any other Act of the Commonwealth of Australia.

SECTION G – CROSS BORDER DISCLOSURE OF INFORMATION


20. DISCLOSING PERSONAL INFORMATION TO CROSS BORDER RECIPIENTS

20.1            Flash Money does not currently deal with overseas individuals. Where Flash Money does disclose Credit-Related and/or Personal Information about an individual to a recipient who is not in Australia and who is not Flash Money or the individual, Flash Money must ensure that the overseas recipient does not breach the Australian Privacy Principles (with the exception of APP1).

20.2            Section 20.1 does not apply where:

(a)            Flash Money reasonably believes that:

(i)            information is subject to a law or binding scheme that has the effect of protecting the information in a way that is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

(ii)            there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or

(b)            both of the following apply:

(i)            Flash Money has informed the individual that if they consent to the disclosure of information Flash Money will not take reasonable steps to ensure the overseas recipient does not breach the Australian Privacy Principles; and

(ii)            after being so informed, the individual consents to disclosure;

(c)            the disclosure of the information is required or authorized by or under an Australian law or a Court/Tribunal order; or

(d)            a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1)) exists in relation to the disclosure of the information by Flash Money.

SECTION H – ADOPTION, USE OR DISCLOSURE OF GOVERNMENT IDENTIFIERS


21. ADOPTION OF GOVERNMENT RELATED IDENTIFIERS

21.1            Flash Money must not adopt a government related identifier of an individual as its own identifier unless:

(a)            Flash Money is required or authorised by or under an Australian law or a Court/Tribunal order to do so; or

(b)            the identifier, Flash Money and the circumstances of the adoption are prescribed by regulations.

22. USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS

22.1            Before using or disclosing a government related identifier of an individual, Flash Money must ensure that such use or disclosure is:

(a)            reasonably necessary for Flash Money to verify the identity of the individual for the purposes of the organization’s activities or functions; or

(b)            reasonably necessary for the organization to fulfill its obligations to an agency or a State or Territory authority; or

(c)            required or authorized by or under an Australian law or a Court/Tribunal order; or

(d)            within a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1); or

(e)            reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(f)            the identifier, Flash Money and the circumstances of the adoption are prescribed by regulations.

SECTION I – INTEGRITY OF INFORMATION


23. QUALITY OF INFORMATION

23.1            Flash Money will ensure that the Credit-Related and/or Personal Information it collects and the Credit-Related and/or Personal Information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.

24. SECURITY OF INFORMATION

24.1            Flash Money will ensure that it protects any Credit-Related and/or Personal Information it holds from misuse, interference, loss, unauthorized access, modification, and disclosure.

24.2            Flash Money will take reasonable steps to destroy or de-identify any Credit-Related and/or Personal Information it holds where:

(a)            Flash Money no longer needs the Credit-Related and/or Personal Information for any purpose for which the information may be used or disclosed by Flash Money;

(c)            the information is not contained in a Commonwealth record;

(d)            Flash Money is not required to retain that information under an Australian law, or a Court/Tribunal order.

25. STORAGE OF INFORMATION

25.1            Flash Money stores Credit-Related and/or Personal Information in different ways, including:

(a)            hard copy on site at Flash Moneys head office; and

(b)            electronically secure data centers which are located in Australia and owned by either Flash Money or external service providers.

25.2            In order to ensure Flash Money protects any Credit-Related and/or Personal Information it holds from misuse, interference, loss, unauthorised access, modification and disclosure, Flash Money implements the following procedure/system:

(a)            access to information systems is controlled through identity and access management;

(b)            employees are bound by internal information securities policies and are required to keep information secure;

(c)            all employees are required to complete training about information security; and

(d)            Flash Money regularly monitors and reviews its compliance with internal policies and industry best practice.

SECTION J – ACCESS TO, AND CORRECTION OF, INFORMATION


26. ACCESS

26.1            Flash Money must give an individual access to the Credit-Related and/or Personal Information it holds about the individual if so, requested by the individual.

26.2            Flash Money must respond to any request for access to Credit-Related and/or Personal Information within a reasonable period after the request is made.

26.3            Flash Money must give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so and must take such steps as are reasonable in the circumstances to give access in a way that meets the needs of Flash Money and the individual.

26.4            Flash Money must not charge an individual for making a request and must not impose excessive charges for the individual to access their Credit Related and/or Personal Information.

27. EXCEPTIONS

27.1            Flash Money is not required to give an individual access to their Credit-Related and/or Personal Information if:

(a)            Flash Money reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or

(b)            giving access would have an unreasonable impact on the privacy of other individuals; or

(c)            the request for access if frivolous or vexatious; or

(d)            the information relates to existing or anticipated legal proceedings between Flash Money and the individual, and would not be accessible by the process of discovery in those proceedings; of

(e)            giving access would reveal intentions of Flash Money in relation to negotiations with the individual in such a way as to prejudice those negotiations; or

(f)            giving access would be unlawful; or

(g)            denying access is required or authorized by or under an Australian law or a Court/Tribunal order; or

(h)            Flash Money has reason that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i)            giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(j)            giving access would reveal evaluative information generated within Flash Money in connection with a commercially sensitive decision-making process.

28. REFUSAL TO GIVE ACCESS

28.1            If Flash Money refuses to give access in accordance with section 26 or to give access in the manner requested by the individual, Flash Money will give the individual a written notice that sets out:

(a)            the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and

(b)            the mechanisms available to complain about the refusal; and

(c)            any other matter prescribed by the regulations.

28.2            Where Flash Money refuses to give access under section 27.1(j) Flash Money may include an explanation of the commercially sensitive decision in its written notice of the reasons for denial.

SECTION K – CORRECTION OF INFORMATION


29. CORRECTION OF INFORMATION

29.1            Flash Money must take reasonable steps to correct all Credit-Related and/or Personal Information, having regard to the purpose for which the information is held where:

(a)            Flash Money is satisfied the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

(b)            the individual requests Flash Money corrects the information.

29.2            Where Flash Money corrects personal information about an individual that Flash Money previously disclosed to another APP entity and the individual requests Flash Money to notify the other APP entity of the correction, Flash Money must take reasonable steps to give that notification, unless it is impracticable or unlawful to do so.

30. REFUSAL TO CORRECT

30.1            If Flash Money refuses to correct Credit-Related and/or Personal Information as requested by the individual, Flash Money will give the individual a written notice that sets out:

(a)            the reasons for the refusal except to the extent that it would be unreasonable to do so; and

(b)            the mechanisms available to complain about the refusal; and

(c)            any other matter prescribed by the regulations.

31. REQUEST FROM A CLIENT TO ASSOCIATE A STATEMENT WITH THEIR INFORMATION

31.1            If:

(a)            Flash Money refuses to correct Credit-Related and/or Personal Information as requested by the individual; and

(b)            the individual requests that Flash Money associate a statement noting that the information is inaccurate, out of date, incomplete, irrelevant or misleading, with the individual’s information.

Flash Money must take such steps as are reasonable in the circumstances to associate the statement (as described in section 31.1(b)) with the individual’s personal information. The statement should be associated with the information in such a way that will make the statement apparent to users of the information.

32. DEALING WITH REQUESTS

32.1            Flash Money must:

(a)            respond to requests under this Section K within a thirty (30) days after the request is made; and

(b)            must not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information.

SECTION L – MISCELLANEOUS


33. POLICY BREACHES

33.1            Breaches of this Policy may lead to disciplinary action being taken against the relevant party, including dismissal in serious cases and may also result in prosecution under the law where that act is illegal. This may include re-assessment of bonus qualification, termination of employment and/or fines (in accordance with the Privacy Act 1988 (Cth)).

33.2            Staff are trained internally on compliance and their regulatory obligation to Flash Money. They are encouraged to respond appropriately to and report all breaches of the law and other incidents of non-compliance, including Flash Money’s policies, and seek guidance if they are unsure.

33.3            Staff must report breaches of this Policy directly to the Compliance Officer.

34. RETENTION OF FORMS

34.1            The Compliance Officer will retain the completed forms for seven (7) years in accordance with Flash Money’s Document Retention Policy. The completed forms are retained for future reference and review.

34.2            As part of their training, all staff are made aware of the need to practice thorough and up to date record keeping, not only as a way of meeting Flash Money’s compliance obligations, but as a way of minimizing risk.

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