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Privacy Policy – ACF Mky Pty Ltd (“ACF “) T/as Loansmackay.com and Australian Capital Financial

At ACF we want you to be confident that the personal information you provide to us is treated with the highest degree of integrity and privacy.

However it is equally important to us that we provide the best possible service across our wide range of products and services. To achieve this aim we need to make the most efficient use of your personal information.

Who is ACF Mky Pty Ltd (ACF)?

ACF Mky Pty Ltd is a Franchisee of Australian Capital Home Loans who are a specialist Mortgage Originator for the Adelaide Bank, ING and Advantedge. ACF /Loansmackay.com also has access to over 30 other Australian lenders.

ACF also provides services to borrowers to assist them with using credit products and managing debt.

ACF Mky Pty Ltd ACN 052 348 955 is an Australian company based in Mackay.

What is “personal information”?

Personal information is any information or opinion about you in which you are identified, or in which your identity can reasonably be ascertained from the information or opinion. It does not matter whether the information or opinion is true or not, or whether it is recorded in a material form or not. It can be information in a database.

Why we collect your personal information?

Collecting your personal information, either from you directly or from other sources, is essential to enable us to:

  • Provide products and services to you;
  • Submit loan applications to lenders and mortgage managers on your behalf; and
  • If you are to provide services to us – assess the service contract or arrangement, and fulfil our obligations under it.

We also collect your personal information, so that we can constantly to improve our products and services.

Collecting your personal information allows us to identify and protect your personal information, including account information and services, from unauthorised access.

How do we collect your personal information?

Where possible we collect your personal information directly from you. You provide this information to us when you complete an application form for a product or request a product or service over the telephone or internet.

Personal information is also collected during the course of our relationship with you. For example, when you contact us to discuss your existing loans, extensions to the loans, repayments and restructuring your loans.

Sometimes it is necessary for us to collect your personal information from other sources. For example:

  • We may approach your employer to confirm your employment details to support your application; and/or
  • We may approach your landlord or a real estate agent to confirm your residence and rent payments to support your application.

In most cases we will request your consent to any collection, use or disclosure of your personal information by us. Your consent will usually be required to be in writing but we may accept your verbal or implied consent in certain circumstances.

Web Site Terms and Conditions of Use

  1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, applicable laws and regulations and their compliance. If you disagree with any of the stated terms and conditions, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trade mark law.

  1. Use License
  1. Permission is allowed to temporarily download one duplicate of the materials (data or programming) on Loansmackay.com’s site for individual and non-business use only. This is the just a permit of license and not an exchange of title, and under this permit you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial use , or for any public presentation (business or non-business);
    3. attempt to decompile or rebuild any product or material contained on Loansmackay.com’s site;
    4. remove any copyright or other restrictive documentations from the materials; or
    5. transfer the materials to someone else or even “mirror” the materials on other server.
  2. This permit might consequently be terminated if you disregard any of these confinements and may be ended by Loansmackay.com whenever deemed. After permit termination or when your viewing permit is terminated, you must destroy any downloaded materials in your ownership whether in electronic or printed form.
  1. Disclaimer
  1. The materials on Loansmackay.com’s site are given “as is”. Loansmackay.com makes no guarantees, communicated or suggested, and thus renounces and nullifies every single other warranties, including without impediment, inferred guarantees or states of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. Further, Loansmackay.com does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on its Internet site or generally identifying with such materials or on any destinations connected to this website.
  1. Constraints

In no occasion should Loansmackay.com or its suppliers subject for any harms (counting, without constraint, harms for loss of information or benefit, or because of business interference,) emerging out of the utilization or powerlessness to utilize the materials on Loansmackay.com’s Internet webpage, regardless of the possibility that Loansmackay.com or a Loansmackay.com approved agent has been told orally or in written of the likelihood of such harm. Since a few purviews don’t permit constraints on inferred guarantees, or impediments of obligation for weighty or coincidental harms, these confinements may not make a difference to you.

  1. Amendments and Errata

The materials showing up on Loansmackay.com’s site could incorporate typographical, or photographic mistakes. Loansmackay.com does not warrant that any of the materials on its site are exact, finished, or current. Loansmackay.com may roll out improvements to the materials contained on its site whenever without notification. Loansmackay.com does not, then again, make any dedication to update the materials.

  1. Links

Loansmackay.com has not checked on the majority of the websites or links connected to its website and is not in charge of the substance of any such connected webpage. The incorporation of any connection does not infer support by Loansmackay.com of the site. Utilization of any such connected site is at the user’s own risk.

  1. Site Terms of Use Modifications

Loansmackay.com may update these terms of utilization for its website whenever without notification. By utilizing this site you are consenting to be bound by the then current form of these Terms and Conditions of Use.

  1. Governing Law

Any case identifying with Loansmackay.com’s site should be administered by the laws of the country of 89 Sydney Street Mackay Qld Loansmackay.com State without respect to its contention of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is critical to us. Likewise, we have built up this Policy with the end goal you should see how we gather, utilize, impart and reveal and make utilization of individual data. The following blueprints our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will gather and utilization of individual data singularly with the target of satisfying those reasons indicated by us and for other good purposes, unless we get the assent of the individual concerned or as required by law.
  • We will just hold individual data the length of essential for the satisfaction of those reasons.
  • We will gather individual data by legal and reasonable means and, where fitting, with the information or assent of the individual concerned.
  • Personal information ought to be important to the reasons for which it is to be utilized, and, to the degree essential for those reasons, ought to be exact, finished, and updated.
  • We will protect individual data by security shields against misfortune or burglary, and also unapproved access, divulgence, duplicating, use or alteration.
  • We will promptly provide customers with access to our policies and procedures for the administration of individual data.

We are focused on leading our business as per these standards with a specific end goal to guarantee that the privacy of individual data is secure and maintained.

How we use your personal information?

We use the personal information that we collect so that we can provide you with our products and services that suit you and administer and enhance the relationship we have with you.

We may also share the information with ACF related entities and with other credit providers, mortgage managers and mortgage insurers.

Direct Marketing?

From time to time we may use your personal information to provide you with information about our extensive range of products and services. Our contact with you will usually be by mail, telephone or email.

If you do not want to receive any of this information please contact our Compliance Officer at ACF’s office on 07 4957 7191. Once you have told us you no longer wish to receive information about our products and services, we will not send you any further material, unless we are required by law to send such information to you.

You can, however, change your mind about receiving information about our products and services at any time – either way, you just need to let us know.

ACF does not disclose your personal information to a party outside ACF for the purposes of allowing them to direct market their products or services to you, unless you have specifically agreed to our doing so.

We will not call personally at your residence or place of work unless you specifically agree to this and we arrange an appointment beforehand.

Do we disclose your personal information to anyone?

Handling your application

We need to pass your personal information on to the credit providers, mortgage managers and mortgage insurers we approach on your behalf.

As part of the application and pre-application process, we may also need to disclose aspects of your personal information to:

  • Your referees, employers, landlords and others for the purpose of identifying you correctly when we seek confirmations from them regarding the details you have provided to us;
  • Mail service providers for purpose of mailing material to you;
  • The guarantors you offer on loan applications for the purpose of allowing them to fully understand their obligations; and
  • Our advisers including, mortgage managers, mortgage insurers, originators, financial consultants, accountants, lawyers and any other advisor acting in connection with any financing provided or proposed to be provided to you for the purpose of providing our services to you.

As required by law

We may also disclose your personal information if we are required or authorised to do so by law. For example, to a Court in response to a subpoena or to the Australian Taxation Office following a direction issued under taxation laws.

With your consent

With your consent, we will disclose your personal information to other parties. Your consent may be given explicitly such as in writing or verbally, or may be implied from your conduct such as if you publicly discuss details of the relationship you have with us.

ACF contracted entities

Where an ACF contracted entity is dealing with you then we may need to pass information to the entity in the course of handling your loan application. Each contractor is bound to comply with the provisions of this policy.

How do Credit Providers and Insurers deal with the information we give them?

Prior to actually entering into the finance agreement or insurance policy, you will be asked to give your written consent to allow those organisations to use your personal information. They will provide full details of how they intend to use and store the information at that time.

Ensuring your personal information is up-to-date?

We rely on the personal information we hold about you to efficiently conduct our business of providing or arranging products and services.

For this reason, it is very important that the personal information we collect from you is accurate, complete and up-to-date.

During the course of our relationship with you we may ask you to tell us of any changes to your personal information. We also invite you to contact us at any time to update or correct your personal information.

Is my personal information secure?

The protection of your personal information is a priority for ACF.

This is why we take all reasonable precautions to safeguard your personal information from loss, misuse, unauthorised access, modification or disclosure.

We employ a number of means to protect your personal information including:

  • Appropriate premises security;
  • Executing confidentiality agreements with all employees, contractors and third party organisations;
  • Password protecting our computer based information to prevent unauthorised computer access;
  • Providing appropriate protection against “hackers” within our computer systems
  • Securely destroying and/or deleting any personal information that is no longer required from our systems; and
  • Requiring any contractors to ACF adopt the same levels of security as ourselves.

Can I access the personal information ACF holds about me?

You may request access to any of the personal information we hold about you.

In most cases, details of the personal information we hold about you is available by calling our Compliance Officer (07) 49577191, or visiting our office.

If the information you seek is not readily available, for example, archived data, then we will endeavour to provide this to you within 30 days of your request. We reserve the right to charge you a fee for this retrieval.

ACF may be required by law or by good business practice to retain your personal information for a period of time after you have ceased your relationship with us. After the required time has passed we attend to the secure destruction or deletion of your personal information.

Can my request for access to my personal information be denied?

ACF is not always required to provide you with access to your personal information upon your request.

We may refuse you access to personal information in a number of circumstances, such as where the information may relate to existing or anticipated legal proceedings with you, where denying access is required or authorised by law, or where the request for access is regarded as frivolous or vexatious.

If we deny your request for access to, or refuse your request to correct your personal information, we will explain why and will keep a record of your request on our file.

Do I have to be identified?

Generally it is not possible for us to do business with you unless we have identified you. This is necessary as standard business practice and also protects you against someone using your name fraudulently to obtain finance or insurance. We will usually ask you for photographic evidence such as a drivers licence or passport.

We will not use any Commonwealth Identifiers such as Tax File Numbers, Medicare cards or the like.

Wherever it is lawful and practicable to do so, we may offer you the opportunity to deal with us anonymously, if you request it. For example, when making an enquiry about current interest rates applicable or the type of products or services we offer.

Does my personal information leave Australia?

ACF does not send personal information outside Australia unless it is authorised to do so by law.

Does ACF collect “Sensitive Information”?

Personal information concerning particular topics is regarded as sensitive information.

Sensitive information includes information about your:

  • Racial or ethnic origin
  • Political opinions
  • Membership of a political association
  • Religious beliefs or affiliations
  • philosophical beliefs
  • Membership of a professional or trade association
  • Membership of a trade union
  • Sexual preferences or practices
  • Criminal record
  • Health

ACF generally has very limited need to obtain such information, however may require some information such as criminal record or health to arrange certain insurance facilities. If such information is needed then it will only be obtained and/or used with your consent. If, in the course of arranging your application or facilities, such information does come into our possession from a third party, we will seek your consent to collect, store and use this should we consider such use necessary in your application.

Access to our services via the Internet

ACF receives referrals through its website. ACF is committed to ensuring that any personal information we collect online is treated with the same level of care as if it was received via personal contact.

Our policies provide:

  • If you make a general email enquiry (usually this involves providing only your name, contact details and type of facility required), we will always ask you for your written consent before we commence any application activity on your behalf.
  • If you make a full online application, your details will be encrypted via our web technology to provide high level protection from unauthorised access to your personal information. We will also ensure that we hold your written consent before commencing any application activity.

What are ‘Cookies’ and how do they work?

Cookies are small data files that are downloaded from our web servers, and stored on your hard drive.

A cookie is a string of letters and numbers that uniquely identify the computer you are using, and the customer number and access code you may have used to register at the site.

Cookies are used on the ACF website.

We track a visitor’s journey through our site. This allows us to see at a glance which pages and information is of most interest to visitors. This type of cookie contains no personal information. It is simply a record of your journey through the site and no attempt will be made to identify users.

Most browsers can be configured to refuse to accept cookies. You can also delete cookies from your hard drive. However, doing so may hinder your access to valuable areas of information within our site.

Our websites may contain links to other websites. ACF is not responsible for the privacy practices of these websites.

Our Privacy Policy may change from time to time

ACF constantly reviews all its policies and procedures to keep up to date with changes in the law, technology and market practice.

As a result we may change this Privacy Policy from time to time.

This Privacy Policy was last amended July 2016

Want to know more?

More information is available at The Office of the Federal Privacy Commissioner at http://www.privacy.gov.au/ .

The National Privacy Principles Guidelines can be viewed at http://www.privacy.gov.au/publications/nppgl_01.html

Concerns or requests for access?

If you have a question about this Privacy Policy or wish to lodge a request to access you personal information you can contact us in any of the following ways:

Visit in person – 89 Sydney St, Mackay Qld 4740

Post – PO Box 1042 Mackay Qld 4740

Phone – 07 49577191

If you believe that ACF has not protected your personal information as set out in this Privacy Policy you may lodge a complaint with us.

What if I am not satisfied with ACF’s response?

If you are not satisfied with the result of your complaint to ACF, you can refer your complaint to the Federal Privacy Commissioner.

You can contact the Federal Privacy Commissioner 1300 363 992, or by writing to Director of Complaints, Office of the Federal Privacy Commissioner, GPO Box 5218, Sydney NSW 2001.


Australian Credit Licence 378617