Privacy and Credit Reporting Policy

We are genuinely committed to protecting your privacy. Therefore, this Privacy Policy outlines how The Trustee for 3Kinds Trust ABN number 52 811 286 484, hereby referred to as (“3Kinds”), collects, manages, uses, and discloses personal information.

By using, accessing, and remaining on this website, you acknowledge that you have read, understood, and agree to be bound by these website’s terms of use agreement.

Privacy and Credit Reporting Policy: Your Rights

3Kinds understands the importance of protecting the privacy of an individual’s personal information. This policy sets out how 3Kinds aims to protect the privacy of your personal information, your rights in relation to your personal information managed by 3Kinds and how 3Kinds collects, holds, uses and discloses your personal information.

In handling your personal information, 3Kinds will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent 3Kinds handles your credit information, 3Kinds will also comply with the Credit Reporting Code. This policy may be updated from time to time.

Personal and Company Information Collected

Personal information is information or an opinion about an identified or reasonably identifiable individual. During the provision of its products and or services, 3Kinds may collect your personal information.

Generally, the kinds of personal information 3Kinds collects are:

Contact and identification information such as your name, address, telephone number and email address;
Information relating to your interests;
Where you are acting on behalf of another entity (whether as an employee, director or other representative), details of that entity and your relationship with it;
Financial information about your assets, occupation and income, account balances, account activities, payment history and transactions with us or third parties;
Details of directorships, shareholdings or other investments you hold;
credit information, being credit-related personal information lawfully created and accessible within the Australian credit reporting system, including:
Identification information;
Whether you have or have not met any repayment obligations;
Whether you have defaulted on a payment (i.e. a payment that is at least 60 days overdue and over $150 in value) provided 3Kinds has notified you in accordance with the Privacy Act;
Whether you have paid any amount previously reported as being in default;
That another credit provider has sought credit-related personal information about you from a credit reporting body;
Information about the types of consumer or commercial credit and the amounts of credit you have sought from a credit provider;
Information about court proceedings related to credit provided to you or for which you have applied;
Personal insolvency information and other publicly available information relating to your creditworthiness;
A credit provider’s reasonable belief that you have committed a serious credit infringement and
Any other information lawfully obtainable within the Australian credit reporting system;
Credit eligibility information, which is credit-related information about you that 3Kinds obtains from a credit reporting body such as Equifax Pty Ltd (Equifax) and Dun and Bradstreet (DNB), together with information 3Kinds derives from such information based on its own analysis, including internally generated scores, ratings and other assessments used to evaluate your creditworthiness; and
Sensitive information, including health information and criminal record information, where you are applying for a position with 3Kinds, and it is relevant to the recruitment process through which you must progress.

In some circumstances, 3Kinds may also hold other personal information you provide.

How We Collect Your Personal Information

Generally, 3Kinds collects your personal information directly from you through the completion of a manual or online form, an interaction or exchange in person or by telephone, facsimile, email, post or through the use of the 3Kinds website. There may be occasions when 3Kinds collects your personal information, your name

Contact details: This information may be from you or other sources, including your address, telephone number, or email.
Personal information where relevant, such as date of birth, gender, and household information.
Occupation and employment details
Tax and financial records, bank statements
Other correspondence and advice

How We Business and Company information

an entity you represent(including but not limited to), your employer or a company of which you are a director, where necessary for 3Kinds to provide its products and or services to that entity through you;
the completion of an application form by another person or entity that lists you as a director, guarantor, potential guarantor or trade reference;
Equifax, DNB or other credit reporting body;
other credit providers;
an information services provider;
a publicly maintained record or other publicly available sources of information, including social media and similar websites;
3Kinds’s own records about you, from which 3Kinds may internally generate its own scores, assessments or deductions, particularly in relation to your creditworthiness;
if for recruitment purposes, an external recruitment or background screening services provider or a health service provider to obtain, where necessary and relevant, health information; or
Information from a government agency.

Generally, 3Kinds will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.

3Kinds may also collect information about the way you use our website, including through third parties disclosing such information, either voluntarily or under the compulsion of law.

Why We Collect Your Information

3Kinds collects, holds, uses and discloses your personal information where it is reasonably necessary for:

Providing to you our products and or services you have requested;
Responding to your requests;
Providing you with further information about 3Kinds;
Identifying and informing you of products, services and events of 3Kinds or selected third parties that may be of interest to you;
Assessing an application for, and if successful, administering, a consumer or commercial credit account with 3Kinds (including assessing your application to act as a guarantor in relation to the credit);
Accounting, billing and other internal administrative purposes;
Assessing your application for employment with 3Kinds or otherwise for the purpose of engaging you as a contractor or consultant and or
Any other legal requirements.

3Kinds may also use your personal information for purposes related to the above purposes, for which you would reasonably expect 3Kinds to do so in the circumstances or where you have consented, or the use is otherwise in accordance with law.

Where personal information is used or disclosed, 3Kinds takes reasonable steps to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to 3Kinds. However, without certain information from you, 3Kinds may not be able to provide its products and or services to you.

Disclosure Your Personal Information

3Kinds discloses your personal information for the purpose for which 3Kinds collects it. Generally, 3Kinds will only disclose your personal information for a purpose. This may include but not be limited to disclosing your personal information to:

third parties engaged to perform administrative or other business management functions, including debtor management;
people or entities considering acquiring an interest in 3Kinds’s enterprise or assets;
3Kinds’s professional advisors, contractors, consultants and related corporate bodies;
mailing houses;
debt collectors and credit management agencies;
third parties who act as guarantors in relation to the credit we provide to you;
insurance providers, and
regulatory bodies if and as necessary.

3Kinds may also disclose your personal information, including your credit information, to lenders, other credit providers and the credit reporting bodies Equifax and DNB.

In particular, 3Kinds may disclose to Equifax or DNB information about you failing to meet your payment obligations or if you commit a serious credit infringement. Equifax or DNB may include any information provided to it by 3Kinds in reports that it provides to other credit providers for the purpose of such credit providers assessing your creditworthiness.

3Kinds’s disclosures of your personal information to third parties are on a confidential basis and or otherwise in accordance with law. 3Kinds may also disclose your personal information with your consent or if disclosure is required or authorised by law.

We may also use your personal information for secondary purposes closely related to the primary purpose in circumstances where you would reasonably expect such use or disclosure. This includes any sensitive information defined in the Privacy Act, with your consent or required or authorised by law.

Equifax and DNB’s privacy policies on their management of credit-related personal information can be accessed through their respective websites at:

http://www.equifax.com.au/privacy and http://dnb.com.au/privacy-policy.html

Equifax can be contacted in accordance with its privacy policy and or at:

Equifax Australia Personal Solutions Pty Ltd

PO Box 964

NORTH SYDNEY NSW 2059

or otherwise through the ‘contact us’ form at https://www.equifax.com.au/contact.

DNB can be contacted in accordance with its privacy policy at:

Dun and Bradstreet (Australia)

PO Box 7405 St Kilda Road

MELBOURNE VIC 3004

Overseas Disclosure

3Kinds may disclose personal information to overseas recipients to provide our products or services. 3Kinds may also store, process or back up your personal information on computer servers or networks located overseas or in the cloud, including where services are performed by service providers located overseas. 3Kinds does not disclose any credit information to any recipient located outside of Australia.

It is not practicable to list all countries where recipients may be located; however, 3Kinds will only disclose your personal information to an overseas recipient where reasonably necessary to provide its products and or services and for administrative, data storage or other business management purposes.

Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, 3Kinds will take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact 3Kinds’s Privacy Officer for the details.

Direct Marketing

3Kinds may use and disclose your personal information to inform you of products and services that may interest you. In the event you do not wish to receive such communications, you can opt out by contacting 3Kinds via our contact details or through any opt-out mechanism contained in a marketing communication to you. 3Kinds will not use or disclose credit-related personal information for direct marketing purposes.

Security of Personal and Company Information

3Kinds takes reasonable steps in the circumstances to ensure that the personal information it holds is protected from misuse, interference, loss and unauthorised access, modification or disclosure.

When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your personal information.

3Kinds will destroy or de-identify personal information in circumstances where it is no longer required unless 3Kinds is otherwise required or authorised by law to retain the information.

3Kinds securely holds personal information in hard copy and electronic forms on secure premises or in the cloud, accessible only by authorised staff.

Credit eligibility information, such as the information 3Kinds receives from Equifax and DNB to assess creditworthiness, is stored through equally secure methods.

If you believe, on reasonable grounds, that you have been or are likely to be, a victim of fraud, you may request Equifax or DNB not to use or disclose credit-related personal information they hold about you by contacting Equifax or DNB.

Access to Personal and Company Information

3Kinds takes reasonable steps to ensure the personal and company information it holds is accurate, up-to-date, complete, relevant and not misleading.

Under the Privacy Act, you have a right to access and seek correction of your personal information collected and held by 3Kinds. If you would like to access or correct the personal information that 3Kinds holds about you, or you would like more information on 3Kinds’s approach to privacy, please contact us using the details set below.

3Kinds will grant access to the extent required or authorised by the Privacy Act or other laws and take reasonable steps to correct personal information where necessary and appropriate.

Where necessary to resolve a request for correction of your credit-related personal information, 3Kinds may also consult with other relevant entities, including but not limited to Equifax and DNB. 3Kinds’s use or disclosure of your credit-related personal information for correction is permitted by the Privacy Act.

To obtain access to your personal information:

You will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
3Kinds requests that you be reasonably specific about the information you require and
3Kinds may charge you a reasonable administration fee, which reflects the cost to 3Kinds for providing access in accordance with your request.

Alternatively, if you would like to access personal information held about you by Equifax or DNB, please contact Equifax or DNB directly.

3Kinds will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If 3Kinds refuses your request to access or correct your personal information, 3Kinds will provide you with written reasons for the refusal and details of complaint mechanisms. 3Kinds will also take reasonable steps in the circumstance to provide you with access in a manner that meets your needs and the needs of 3Kinds.

If you are dissatisfied with 3Kinds’s refusal to grant access to or correct your credit-related personal information, you may file a complaint with the Office of the Australian Information Commissioner.

Use Of Cookies

Cookies are pieces of text transferred into your computer’s memory to store preferences, record session information, and collect information on how you visit and access our website. Using cookies can improve the efficiency of your website’s navigation and generally assist in our quest to provide services to you most conveniently and promptly.

The cookies can be rejected or deleted by following the instructions for your browser to clear cookies. Our web server automatically collects IP addresses as part of demographic and profile data known as “traffic data” so that data (such as the Web pages you request) can be sent to you. Third-party vendors, including Google, show our ads on other websites. Third-party vendors, including Google, use cookies to serve ads based on a user’s prior visits to a website.

Users may opt out of Google’s cookies by visiting the Google advertising opt-out page at http://www.google.com/policies/technologies/ads/.

Changes to the Privacy Policy

We reserve the right to change, modify, or amend our privacy policy at any time by updating this policy on our website or by other means without any other form of notice. If we believe any change to our policy will materially affect our customers, we will provide information about the change(s) that have occurred.

Privacy Policy Complaints and Enquiries

Please direct all privacy complaints or enquiries to the person who manages your relationship with 3Kinds. At all times, privacy complaints:

Will be treated seriously;
Will be dealt with promptly;
Will be dealt with confidentially; and
It will not affect your existing obligations or affect the commercial arrangements between you and 3Kinds.

Specifically, if your complaint relates to credit-related personal information or 3Kinds’s failure to comply with its obligations regarding credit-related personal information under the Privacy Act or the Credit Reporting Code:

3Kinds will acknowledge your complaint within seven (7) days of receipt and endeavour to resolve it within thirty (30) days unless 3Kinds informs you otherwise and seeks your agreement in writing;
3Kinds may consult with relevant third parties, such as Equifax, DNB or other credit providers, to sufficiently and expeditiously resolve the complaint and
if your complaint relates to 3Kinds’s refusal to provide access to or correct your credit-related personal information, you may complain directly to the Office of the Australian Information Commissioner.

3Kinds will commence an investigation into your complaint. You will be informed of the outcome of your complaint after completing the investigation. In the event that you are dissatisfied with the outcome of your complaint or an extension to the time in which 3Kinds will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.

How To Contact Us

For further information or enquiries regarding your personal information, please contact us via email at hello@3Kinds.com