Consent and acknowledgment, disclosure statement and your personal information.
Australian Mortgage Options (AMO) and Interested Parties collect your information to assess your application to provide you with the loan product or service that you have requested. In this form, “we” refers to AMO and the Interested Parties, their agents and service providers.
Collection of some of the personal information is required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. If you do not provide any part of the personal information, it may not be possible to assess your application for credit or lenders' mortgage insurance, and as a consequence finance may not be provided. Note: should you provide incomplete or fraudulent information we may not be able to provide you with the service or product that you require. The Interested parties may also use your personal information to carry out marketing activities, research and product development.
AMO and the Interested Parties may collect and use personal information about you if an application is successful, to provide and administer the provision of credit to you and obtain a guarantee; assess the risk of providing lenders' mortgage insurance in respect of credit which may be provided to you (including the risk of the Guarantor(s) being unable to meet a liability that might arise under a guarantee); if insurance is provided, administer or vary any lender's mortgage cover provided; assess and manage risk, involving credit scoring and portfolio analysis; comply with legislative and regulatory requirements; and disclose to another person in connection with funding financial accommodation by means of an arrangement involving securitisation, or any other proposed transfer of or proposed dealing with your loan.
Your personal information is treated with privacy and will only be shared with those organisations to which we require a service, opinion or to exchange information. Some of the organisations we disclose your personal information and credit-related personal information to may be located overseas, European Union and Asia Pacific. Where AMO intends to send information overseas, we will either take reasonable steps to ensure that it complies with Australian Privacy laws or we will seek your consent to the disclosure..
Other disclosures include credit reporting agencies, mortgage insurers, trust managers, introducers, IT service providers, trader insurers, mortgage originators, financial consultants, accountants, valuers, general insurers, funders, lawyers and other external advisers, including your employer or legal and financial advisers, conveyancers and collection agents, reinsurers, debt collectors and Government Authorities and other regulatory bodies. Your personal details may also be disclosed to other companies within the AMO group, where confidentiality will be maintained at all times. We do not sell, rent or trade your personal information.
In most circumstances you can gain access to and seek correction of your personal information and credit related personal information. Should you wish to do so, or you have any queries about your information, please contact us on AMO on 1300 266 266.
In accordance with Section 18N(1)(b) of the Privacy Act 1988, you authorise AMO to give and obtain from credit providers named in this credit application, and credit providers that may be named in a credit report issued by a credit report agency, information about your credit arrangements. You understand this information can include any information about your credit worthiness, credit standing, credit history, or credit capacity that credit providers are allowed to give or receive from each other under the Privacy Act 1988.
Credit information being given to a Credit Reporting Agency:
Interested Parties and/or your Mortgage Manager may give information about you to a credit reporting agency to obtain a consumer credit report about and/or to allow the credit reporting agency to create or maintain a credit report for you and/or information file about you.
The information that may be given is limited to:
- Details to identify you (i.e. full name, sex, date of birth, current/last known address, current/last known employer, driver's licence number);
- The fact that you have applied for credit and the requested amount;
- The fact that the credit provider or the Mortgage Manager is a current credit provider to you;
- Payments which become overdue more than 60 days and for which recovery action had been commenced
- Advice that payments are no longer overdue in respect of the listed default;
- Cheques drawn by me/us for amounts of at least $100 which have been dishonoured more than once;
- Where in the opinion of AMO and the credit provider, that you have committed a serious credit infringement (i.e. acted fraudulently or shown an intention not to comply with your credit obligations);
- That the credit provided to you has been paid or otherwise discharged
- Where you agree that this information may be given before, during and after the provision of credit to you; or
- Information otherwise in connection with arrangements relating to lenders' mortgage insurance.
OBTAINING CREDIT INFORMATION
You agree to enable the Interested Parties and your Mortgage Manager to assess your application for personal or commercial credit and your Mortgage Manager to collect payments that are overdue in respect of personal or commercial credit provided to you by Interested Parties. Your Mortgage Manager and Interested Parties' Mortgage Insurers are authorised to obtain reports from a credit reporting agency or other business that provided information about credit worthiness. You acknowledge that these reports may contain:
- personal information about you
- personal credit information about you
- information about your commercial activities or commercial credit worthiness
- information about your commercial credit activities
- exchanging credit worthiness information with out credit providers
You agree that AMO exchange or may give to or receive from:
• any credit provider named in the credit application
• any credit provider named in the credit reporting agency
• any organisation involved in the process of a credit application information about my/our credit arrangements.
This information maybe exchanged for any of the following purposes:
- to assess an application by you for credit;
- to notify the other credit providers of a default by you;
- to exchange information with other credit providers as to the status of this loan where you are in default with other credit providers to manage a loan with AMO to assess your credit worthiness;
- to help you avoid defaulting on your credit obligations;
- to assist in the collection of overdue payments from you; and
- to exchange information with credit providers who are involved in a mortgage securitisation scheme.
You understand that the information exchanged can include anything about credit standing, credit worthiness, credit history and credit capacity, that credit providers are allowed to exchange under the Privacy Act 1988.
PROVIDING YOUR PERSONAL INFORMATION AND CREDIT-RELATED INFORMATION TO A MORTGAGE INSURER
In this privacy disclosure statement, the "Insurer" means each of the following organisations (whether acting individually or together):
QBE Lenders' Mortgage Insurance Limited (ABN 70 000 511 071)
82 Pitt Street, Sydney NSW 2000
Phone: 1300 367 764
Contact: Privacy Officer
Genworth Financial Mortgage Insurance Pty Limited (ABN 60 106 974 305)
Level 26, 101 Miller Street, North Sydney NSW 2060
Phone: 1300 655 422
We may disclose your personal information and credit-related personal information when we apply to the Insurer for lenders mortgage insurance (LMI). By you signing this application, the Insurer can do the following:
Where permitted by the Privacy Act 1988, the Insurer may seek and obtain from a credit reporting body commercial credit information concerning your credit worthiness or history; consumer information; and collection of overdue payments information.
The Insurer collects your information for the purposes of assessing our application and securing and administering LMI for your mortgage, including dealing with claims and recovery of proceeds.
The information collected by the Insurer is required under the Insurance Contracts Act 1984 (Cth) and is necessary for the Insurer to undertake its business. If you do not provide any of the information requested of you then the Insurer will not be able to issue insurance. As a result, we may not be able to provide the mortgage to you.
The Insurer may use your information to assess the risk of providing LMI to us, you defaulting on your obligations to us and you being unable to meet a liability arising under a guarantee in respect of mortgage finance given (or to be given) by us to another person.
The Insurer may also use your information to verify your details provided by us, administer or vary any LMI cover provided (including for securitisation and hardship applications, dealing with claims, recovery of proceeds and enforcing the mortgage in the place of us), to conduct risk assessment and management involving securitisation, credit scoring, portfolio analysis, reporting, fraud prevention and claim recovery, to comply with any regulatory requirements including under the Privacy Act 1988 and Insurance Contracts Act 1984 as amended from time to time, and for any other LMI purpose relating to you or under the insurance policy issued by the Insurer to us in respect of your credit with us or as may be permitted by the Privacy Act 1988.
The Insurer may disclose your information to its related companies; us; your guarantor or potential guarantor; other insurers; claims assessors and investigators; parties for the purposes of securitisation; re-insurers; underwriters; loan servicers; trust managers; trustees and security trustees; organisations involved in surveying or registering a security property or which otherwise have an interest in a security property; ratings agencies; credit reporting bodies; its service providers (including marketing companies, data consultants and IT contractors); its agents, contractors, and external advisers; your referees, including your employer; your legal and financial advisers; brokers or referrers that submitted applications on your behalf or referred you to the mortgage manager; organisations that are involved in debt collecting or in purchasing debts; mercantile agents if you default on your obligations to us; payment system operators; parties involved in fraud prevention (including organisations such as fraud reporting agencies, that may identify, investigate and/or prevent fraud, suspected fraud, crimes, suspected crimes, or other serious misconduct); other financial institutions and credit providers; and government and other regulatory bodies (e.g. the Insurance Council of Australia, ASIC and the ATO).
Where permitted by the Privacy Act 1998 the Insurer may disclose your information to organisations located overseas (including in the USA, Canada, the United Kingdom or the Philippines) such as its related companies, re-insurers, service providers (including but not limited to data consultants and IT contractors), its agents, contractors and external advisers and government and other regulatory bodies. Overseas organisations may be required to disclose information shared with them with relevant foreign authorities under a foreign law. In those instances the Insurer is not responsible for that disclosure.
The Insurer may also, to the extent permitted by the Privacy Act 1988, disclose information about you to a credit reporting body for any purpose set out in this consent. The credit reporting body gives other organisations (such as other credit providers) information to help them assess your credit worthiness. Some of the information may adversely affect your credit worthiness (for example if you have defaulted on your loan) and accordingly, may affect your ability to obtain credit from other credit providers.
The Insurer may need to exchange your information with credit providers and advisors during the course of the mortgage insurance policy for any purpose set out in this consent.
We may store your information in cloud or other types of networked or electronic storage and will take reasonable steps to ensure its security, however, it is not always practicable to find out where your information may be accessed or held, as electronic or networked storage can be accessed from various countries via an internet connection.
Each Insurer has a Privacy and Credit Reporting Policy which contains information about:
- how you can access and seek correction of your information held by the Insurer;
- how you can complain about a breach of the Privacy Act 1988 (including any applicable privacy principles) or any registered privacy code that binds the insurer in respect of your personal or credit information (as appropriate); and
- how the Insurer will deal with a complaint.
Each policy available on the Insurer's website or by contacting them.
You authorise AMO to give another credit provider and to receive an opinion for purposes connected with/our business, trade or profession.
Giving Information to a Guarantor
You authorise Interested Parties and your Mortgage Manager to give to a current or proposed Guarantor any credit report, notice or document, or financial or personal information about your credit worthiness, credit standing, credit history or credit capacity relating to the credit facilities which are the subject of the guarantee which has been or which is proposed to be provided to Interested Parties and , any other facility you have had with Interested Parties during the previous 2 years. This extends to the disclosure of copies of notices or documents relating to the credit application (including any proposed or actual credit contract) and the disclosure of relevant information about the progress of the credit facility, including details of any variation of a credit contract, copies of statements, details of any arrears, overdrawings and dishonours that have or may occur, as well as enforcement of the guarantee and/or security. The information may be given for the purpose of the proposed guarantor deciding whether to act as a guarantor provider, and to keep the guarantor informed about the guarantee and credit facility.
GUARANTORS ONLY: AUTHORITY TO OBTAIN CREDIT INFORMATION ABOUT A GUARANTOR
In accordance with section 18K(I)(c) of the Privacy Act, you authorise AMO to obtain from a credit reporting agency, a credit report containing personal credit information about you to assess whether to accept you as guarantor for personal credit or commercial credit applied for, provided to, the borrower/s named in the application.
You agree that if AMO or Interested Parties approve the borrower/s application for credit the agreement remains in force until the credit facility covered by the borrower/s application ceases.
In accordance with section 18K(I)(h) of the Privacy Act,you authorise AMO to obtain a credit report for the purpose of collecting payments that are overdue in respect of personal credit provided to the borrower/s.
You hereby confirm that the information provided throughout this application is true and correct, even if not in your own handwriting.
You understand that the decision made by AMO or Interested Parties to accept or decline this application is made based on the information provided by you in the application.
You understand and agree that AMO may exchange your personal information and credit information contained in this application with the Interested Parties or related parties in the attempt to secure finance or confirmation information provided by you.
You understand that AMO are not obligated to approve finance to you, even though they have taken reasonable measures to clarify and substantiate the details contained in the application. You understand that inspection report obtained is for credit provider's benefit only. You understand that it is the credit provider's choice as to whether to make this report available to applicants. This report may not be relied upon by the applicant and it should not be assumed that the report is based upon a detailed inspection of the security offered. Details of the report are not to be taken as implying work /defects have been completed/do not exist, other than what is mentioned in the report. Liability is not accepted by Interested Parties for the contents or accuracy. You confirm that no applicant is an undischarged bankrupt. Independent legal and financial advice is recommended.
You acknowledge that the application fee of up to $650 is payable by you and is not refundable should the loan not proceed. If AMO declines the application, and no costs have been incurred then a refund of full or part fees may be available.
You understand that AMO will formally notify you in writing of the decision.
In this statement, "Interested Parties "means:
Adelaide Bank a Division of Bendigo and Adelaide Bank Limited ABN 11 068 049 178, Australian Credit Licence 237879, 80 Grenfell Street Adelaide SA 5000 Phone 1300 652 220
Advantedge Financial Services Holdings Pty Ltd (and associated entities) ABN 75 095 300 502, Level 10, 101 Collins Street, Melbourne VIC 3000 Phone 03 8616 1600
Advantedge Financial Services Pty Ltd (and associated entities) ABN 36 130 012 930, Level 10, 101 Collins Street, Melbourne VIC 3000 Phone 03 8616 1600
AFSH Nominees Pty Ltd ACN 143 937 437 Level 10, 101 CollinsStreet, Melbourne VIC 3000 Phone 03 8616 1600
Barclays Bank P.L.C. Australian Branch (Barclays) ACN 062 449 595, Level 24, 400 George Street Sydney NSW 2000 Phone 02 9220 6000
Challenger Mortgage Management Pty Ltd (and associated entities) ABN 72 087 271 109, Level 15, 255 Pitt Street, Sydney NSW 2000 Phone 02 9994 7000
Challenger Non-Conforming Finance Pty Ltd (and associated entities) ABN 32 107 725 486, Level 15, 255 Pitt Street Sydney NSW 2000 Phone 02 9994 7000
GEL Custodians Pty Limited ACN 118 374 155
ING Bank Ltd ACN 000 893 292, 140 Sussex Street Sydney NSW 2000 Phone 13 1688
J.P. Morgan Trust Australia Limited (and associated entities) ABN 49 050 294 052, Level 35, AAP Centre, 259 George Street Sydney NSW 2000 Phone 02 9250 4147
Liberty Financial Pty Ltd ABN 55 077 248 983, Australian Credit Licence 286596, Level 16/535 Bourke Street, Melbourne VIC 3141 Phone (03) 8635 8888
National Australia Bank Limited (NAB) ABN 12 004 044 937, Address: Level 31, 500 Bourke Street Melbourne VIC 3000
Origin Mortgage Management Services Pty Ltd ABN 51 119 531 252, Level 6, 179 Elizabeth Street, Sydney NSW 2000
Pepper Homeloans Pty Limited ABN 86 092 110 079, Credit Representative no. 395012
Pepper Australia Pty Ltd ABN 55 094 317 665, Credit Licence no. 286655
Pepper Finance Corporation Limited ABN 51 094 317 647
PO Box 6186 North Sydney NSW 2060. Phone 1800 737 737
Permanent Custodians Limited ABN 55 001 426 384, Level 4, 35 Clarence Street Sydney NSW 2000 Phone 1800 622 812
Perpetual Corporate Trust Limited ACN 000341533, Level 13, 123 Pitt Street Sydney NSW 2000
Perpetual Trustees Victoria Limited (and associated entities) ABN 47 004 027 258, Level 28, 360 Collins Street Melbourne VIC 3000 Phone 03 8628 0400
Resimac Ltd ABN 67 002 997 935, Level 9, 45 Clarence Street Sydney NSW 2000 Phone 02 9248 0300
Vero Lenders Mortgage Insurance Limited ABN 55 001 825 725, Level 5, 465 Victoria Ave Chatswood NSW 2065 Phone 02 9978 9000
In this statement,"Credit Reporting Agencies" means:
Equifax Public Acess Division PO Box 964 North Sydney NSW 2059 Public Enquiries: 1300 762 207 Website: www.mycreditfile.com.au
Dun & Bradstreet Australia PO Box 7405 St Kilda Road Melbourne VIC 3004 Public Enquiries 1300 734 806 Website: www.checkyourcredit.com.au
In this statement, "Mortgage Insurers" means:
QBE Lenders Mortgage Insurers Limited (ABN 70 000 511 071) 82 Pitt Street Sydney NSW 2000 Phone: 1300 367 764 Website: www.qbelmi.com
Genworth Financial Mortgage Insurance Pty Ltd (ABN 60 106 974 305) Level 26, 101 Miller Street North Sydney NSW 2060 Phone 1300 655 422 Website: www.genworth.com.au
Our Credit Reporting Policy is available on request.
The Applicant(s)/Debtor(s) and Guarantors(s) acknowledge and agree that they have read, understand and agree with each and every part of the application (including the Declaration, Privacy Declaration and Loan Purpose Declaration). You agree to pay any loan application fee, all fees and charges incurred to process the application, to obtain the valuation report about the security property and legal expenses to prepare loan and security documents. You acknowledge that commissions may be payable for the loan, insurance and other services provided in connection with the loan. You consent to the collection, use and disclosure of your personal information and credit-related information as set out in this Privacy Declaration Statement.