Our Privacy Policy
Flakus & Associates Privacy Policy – Effective from 19th July 2021
Who are we?
Flaka Dog Pty Ltd A.C.N.088 918 165, trading as Flakus and Associates, Australian Credit Licence No 379603.
We are an organisation that proposes financial products and services within the finance broking industry. We process and assess information in respect of loan applications. We locate funders suitable to provide loans to you. We also market other products.
Our commitment to protect your privacy
We understand how important it is to protect your personal information. This document sets out our Privacy Policy commitment in respect of personal information we hold about you and what we do with that information you may provide to us.
We recognise that any personal information we collect about you will only be used for the purposes we have collected it or as allowed under the law. It is important to us that you are confident that any personal information we hold about you will be treated in a way which ensures protection of your personal information.
Our Privacy Policy ensures your right to privacy as we recognise that any personal information we may collect about you will only be used for the purposes indicated in our policy. It is important to us that you are confident that any personal information we collect from you or is received by us, will be treated with appropriate respect ensuring protection of your personal information.
Our commitment in respect of personal information is to abide by the Australian Privacy Principles for the protection of personal information, as set out in the Privacy Act and any other relevant law.
Personal information
When we refer to personal information we mean information from which your identity is apparent. This information may include information or an opinion about you, from which your identity can reasonably be ascertained.
Credit information is information which is used to assess your eligibility to be provided with finance and may include any finance that you have outstanding, your repayment history in respect of those loans, and any defaults. Usually, credit information is exchanged between credit and finance providers and credit reporting bodies.
The kinds of personal information we may collect about you include your name, date of birth, address, account details, occupation, and any other information we made need to identify you.
If you are applying for finance we may also collect the ages and number of your dependants and cohabitants, the length of time at your current address, your employment details and proof of earnings and expenses. If you apply for any insurance product through us we may also collect your health information. We will only collect health information from you with your consent.
Why we collect your personal information
We collect personal information for the purposes of assessing your application for finance and managing that finance. We may also collect your personal information for the purposes of direct marketing and managing our relationship with you. From time to time we may offer you other products and services.
To enable us to maintain a successful business relationship with you, we may disclose your personal information to other organisations that provide products or services used or marketed by us. We may also disclose your personal information to any other organisation that may have or is considering having an interest in your finance, or in our business.
How do we collect your personal information?
Where reasonable and practical we will collect your personal information directly from you. We may also collect your personal information from finance brokers and other people such as accountants and lawyers.
To whom will we disclose your personal information?
We may disclose your personal information :
- to prospective funders or other intermediaries in relation to your finance requirements;
- to other organisations that are involved in managing or administering your finance such as third party suppliers, printing and postal services, call centres;
- to associated businesses that may want to market products to you;
- to companies that provide information and infrastructure systems to us;
- to anybody who represents you, such as finance brokers, lawyers and accountants;
- to anyone, where you have provided us consent;
- where we are required to do so by law, such as under the Anti-Money or Laundering and Courter Terrorism Financing Act 2006 (Cth);
- to investors, agents or advisers, or any entity that has an interest in our business; or
- to your employer, referees or identity verification services.
Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that :
(a) the person or organisation has a commitment to protecting your personal information at least equal to our commitment, or
(b) you have consented to us making the disclosure.
We may use cloud storage to store the personal information we hold about you. The cloud storage and the IT servers may be located outside Australia.
We may disclose your personal information to overseas entities that provide support functions to us. Countries include: India, Malaysia and the Philippines. You may obtain more information about these entities by contacting us.
Direct marketing
From time to time we may use your personal information to provide you with current information about mortgage loans, special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any company with whom we are associated.
If you do not wish to receive marketing information please contact us via our contact form.
You may at any time change your decision to receive such information by contacting our offices by telephoning 03 9583 0119 or by writing to us at PO Box 631 Black Rock. VIC 3193. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
Updating your personal information
It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed.
If you wish to make any changes to your personal information, you may contact us. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.
Access to your personal information
We will provide you with access to your personal information we hold about you. You may request access to any of the personal information we hold about you at any time. To access personal information that we hold about you, use the contact details specified above.
We may charge a fee for our cost in retrieving and supplying the information to you.
Depending on the type of request that you make we may respond to your request immediately, otherwise we usually respond to you within seven days of receiving your request. We may need to contact other entities to properly investigate your request.
There may be situations where we are not required to provide you with access to your personal information, for example, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious.
An explanation will be provided to you if we deny you access to the personal information we hold about you.
If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the personal information. At the time of the request, otherwise, we will provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days.
We may need to consult with other entities as part of our investigation.
If we refuse to correct personal information we will provide you with our reasons for not correcting the information.
Using government identifiers
If we collect government identifiers, such as your tax file number, we do not use or disclose this information other than required by law. We will never use a government identifier in order to identify you.
Business without identifying you
In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where it is lawful and practical to do so we will offer you the opportunity of doing business with us, without providing us with personal information. Such a situation would be where you make general inquiries about interest rates or current promotional offers.
Sensitive information
Where sensitive information is collected, stored used or transferred about you, we will only use this information if you have consented or in the exercise of defence of a legal claim. Sensitive information is information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional association or trade unions, sexual preferences, criminal record or health.
How safe and secure is your personal information that we hold?
We will take reasonable steps to protect your personal information by storing it in a secure environment, and when the information is no longer needed for any purpose for which the information may be used or disclosed, it will be destroyed or permanently de-identified. We will also take reasonable steps to protect any personal information from misuse, loss and unauthorized access, modification or disclosure.
You may request further information about the way we manage your personal information by writing or by email to info@flakus.com.au
Complaints
If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance with the Privacy Act, you may contact our complaints officer on (03) 9583 0119
We will acknowledge your complaint within seven days. We will provide you with a decision on your complaint within 30 days.
If you are dissatisfied with the response of our complaints officer you may make a complaint to the Privacy Commissioner which can be contacted on either www.oaic.gov.au or 1300 363 992.
Further information
You may request further information about the way we manage your personal information by contacting us.
Change in our privacy policy
We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and market place practices.
As a consequence we may change this privacy policy from time to time or as the need arises.
You may request this privacy policy in an alternative form.
PRIVACY AND CREDIT INFORMATION PRIVACY ACT AUTHORISATIONS/AGREEMENTS & AUTHORISATION TO ACT ON BEHALF OF INDIVIDUALS
1. Name of introducer:
In compliance with the Commonwealth Privacy Act, applicant parties to a finance application should complete and return this to the below-named introducer/broker for the purposes of the Privacy Act.
Flaka Dog Pty Ltd A.C.N.088 918 165, trading as Flakus & Associates, Australian Credit Licence No 379603.
Of 1/115 Bluff Road, Black Rock VIC 3193
Ph +61 3 9598 9222
2. Acknowledgement of Disclosure of Credit Information to a Credit Reporting Agency
I/We acknowledge that Section 18E(8)(c) of the Privacy Act allows the credit provider named in my/our application for finance ( Approached Credit Provider), to give a credit reporting agency certain personal information about my/our application for finance,
The information which may be given to an agency is covered by Section 18E(1) of the Act and includes:
- Such permitted particulars about me/us which allow me/us to be identified;
- The fact that I/we have applied for finance and the amount;
- The fact that the approached credit provider is a current credit provider to me/us;
- Advice that payments are no longer overdue;
- Cheques drawn by me/us which have been dishonoured more than once;
- In specified circumstances, that in the opinion of the approached credit provider, I/we have committed a serious credit infringement;
- That finance provided to me/us by the approached credit provider has been paid or otherwise discharged.
By virtue of this declaration, I/we understand that the above-named introducer has informed me/us of the disclosure policy to a credit-reporting agency of information about me/us by Approached Credit Providers and so authorise such disclosures.
3. Agreement/Authority for Credit Provider to Perform Certain Permitted Actions Concerning a Finance Application or Transaction
/We agree that, if it is considered relevant in assessing my/our application for personal credit, the Approached Credit Provider may obtain a report about my/our commercial activities or commercial credit worthiness from a business, which provides information about the commercial credit worthiness of persons (Section 18L(4)).
I/We agree that, if it is considered relevant in assessing my/our application for commercial credit, the Approached Credit Provider may obtain from a credit-reporting agency a credit report containing personal credit information about me/us (Section 18K(1)(b)).
I/We agree that the Approached Credit Provider may give to and seek from any credit providers named in the accompanying finance application and any credit providers that may be named in a personal or commercial credit report issued by a credit reporting agency or a commercial credit reporting agency respectively, information about my/our personal or commercial credit arrangement for the purpose of assessing my/our finance application or collecting any overdues; I/we understand that this information can include any information about my/our 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 (Section 18N(1)(b)).
4. Authorisation to Act on Behalf of Individuals
For the purposes of arranging the finance which is the subject of my/our application, the details of which appear below, I/we authorise that above-named introducer to obtain a report about my/our consumer or commercial credit worthiness from a credit reporting agency or a commercial credit reporting business (Section 18H(3)) or from a credit provider named in this application or referred to in such reports (Section 18N(1)(ga)).
I/We also authorise the above-named introducer to pass on the above obtained reports to such credit providers as are appropriate, for their consideration of this application.
I/We also authorise the above-named introducer to give to and receive from such parties as are necessary to the arranging of this finance, such personal information about me/us which is necessary to the arrangements.
I/We acknowledge that I/We have received and perused a copy of your Privacy Policy prior to signing this document.
I/We authorise the Approached Credit Provider to disclose to the Introducer personal information and/or personal and commercial credit information about me/us in connection with my/our application, the processing and acceptance and the ongoing management of the facility.
I/We authorise the Approached Credit Provider to provide to Guarantors named herein any personal information and/or personal and commercial credit information for the purpose of considering whether to act as a guarantor of the proposed facility or in the event that the application is approved.
Where I am/we are a guarantor named herein, I/we agree that the Approached Credit Provider may seek a credit report concerning me/us from a credit reporting agency to access whether to accept me/us as a guarantor of the finance commitments for the within applicant (section 18K(1)(c) of the Privacy Act) and in so doing I/we acknowledge that the Approached Credit Provider may give personal information about me/us as per the first paragraph of this Authorisation/Agreement.
Where I am/we are a guarantor named herein, I/We authorise the Approached Credit Provider to disclose to the Introducer personal information and/or personal and commercial credit information about me/us in connection with my/our application, the processing and acceptance and the ongoing management of the facility.
5. Authority to Give Information to my/our Agent/s
I/We authorise you to give to and/or receive from you any record or personal information about me/us in connection with the processing and accepting of any application to you for and/or the subsequent management of the credit provided.
I/We acknowledge that each of the above authorities remains a continuing authority and, until cancelled in writing by me/us, applies in relation to all credit provided or to be provided by you me/us.