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Privacy information

September 2015

We take your privacy very seriously. Each Rabobank Australia Group (RAG) entity collects and uses the information it holds about you in accordance with its legal obligations. These obligations include those under the Privacy Act 1988.

RAG entity, we, us means each member of the Rabobank Group based in Australia, being:

  • Coöperatieve Rabobank U.A. (Australia Branch) (ABN 70 003 917 655)
  • Rabo Australia Limited (ABN 39 060 452 217)
  • Rabobank Australia Limited (ABN 50 001 621 129)
  • Rabo Equipment Finance Limited (ABN 37 072 771 147)
  • Soft Commodity Trading Pty Limited (ABN 45 085 595 562)
  • GrainCorp Pools Pty Limited (ABN 45 095 759 890)

RaboDirect, which is a division of Rabobank Australia Limited, has its own Privacy Policy which can be obtained from its website at rabodirect.com.au.

1. What personal information do we collect?

‘Personal information’ means information or an opinion about an identifiable individual or an individual that is reasonably identifiable, whether the information is true or not; whether the information is recorded in a material form or not.

We collect personal information such as name, address, date of birth, gender, occupation, account details, contact details (including telephone and email addresses), any messages or comments and financial information. Sometimes we collect a few personal details unlikely to be known to other people to help us identify you over the telephone. If you are applying for credit we may also ask for the number and ages of your dependents, the length of time at your current address, details about your prior and current employment and business activities and proof of income. We use this information to assist us in making responsible credit decisions.

We may also collect information about individuals and the capacity in which they act, for example, trustees, guarantors, directors, shareholders and beneficiaries.

We may take steps to verify the information we collect, such as an employer in respect of your employment details. We may monitor and record telephone calls for training and security purposes.

We also need to collect information necessary to comply with Australian and international legal or regulatory requirements that have application to us and other members of the Rabobank Group. For example, the Anti-Money Laundering and Counter Terrorism Financing Act 2006 requires us to sight and record details of certain documents (i.e. photographic and non-photographic documents) for customer identification and verification of identity.

If you do not provide us with all the personal information we request, we may not be able to provide you with the product or services you seek from us.

You warrant to us that you have obtained the consent of any other person with whom you’ve provided us with their personal information.

2. How do we collect and hold personal information?

Personal information is generally collected directly from the person concerned, usually at the time of contact or taking out a new product from us. The collection of most personal information will be made with your consent which will usually be obtained at or around the time you take out a product from us. Sometimes personal information is collected from a third party, a public register (e.g. ASIC companies’ register) or a person’s credit history from a credit reporting body. At or before the time or, if that is not practicable, as soon as practicable after, where we collect personal information about an individual, we will take reasonable steps in the circumstances to let that individual know we have their personal information.

We take all reasonable precautions to protect your personal information from misuse, interference, loss and unauthorised access. We have practices and policies in place to provide a high level of security to protect personal information. Our security measures include but are not limited to:

  • requiring our staff to use passwords and/or access tokens when accessing our systems;
  • using firewalls, virus scanning software and anti intruder systems to protect against unauthorised access to and viruses in our systems;
  • instructing our staff on their obligations concerning the handling of personal information;
  • using dedicated secure networks or encryption when we send personal information electronically for outsourcing purposes; and
  • using physical and electronic measures such as alarms, cameras and locked storage areas to protect against unauthorised access to personal information.

When information is no longer needed for the purpose for which it was collected or for the purposes of meeting our legal requirements we will securely destroy it or de-identify it.

3. Why do we collect your personal information and to whom do we disclose it?

We collect personal information so that we may:

  • properly manage and administer our customer relationships;
  • provide our customers with the products and services they request;
  • unless you tell us otherwise, provide information on products and services offered by RAG entities and our associated entities, including by telephone and by email communication; and
  • comply with our legal obligations.

We may also use personal information for:

  • assisting customers with their queries;
  • monitoring, evaluating and developing our products and services;
  • detecting and preventing fraud and loss; and
  • prudential, statistical and research purposes.

Depending on the product or service we provide to you, we may disclose your personal information to:

  • brokers, agents and intermediaries who refer your business to us;
  • valuers and insurers if property is being provided as security for a loan from us;
  • other product and service providers for whom we act, so that they can provide you with the product or service you seek or have expressed interest in.
  • a person acting on your behalf, including your financial adviser, solicitor, settlement agent, accountant, executor, trustee, guardian or attorney;
  • other financial institutions and organisation at their request if you seek credit from them;
  • agents and other persons who assist us to dispose of property or equipment given as security for a loan;
  • other owners, borrowers and guarantors and their respective directors, trustees and beneficiaries (if any) related to any account you have with us, including an application for an account;
  • any party pursuant to any domestic or international law or regulatory requirement, including a court or tribunal or an overseas government instrumentality or regulatory body which has jurisdiction over any member of the Rabobank Group;
  • other members of the Rabobank Group including RAG entities and their associated entities;
  • to a law enforcement body if reasonably necessary to assist with the enforcement of any law; and
  • if you have been referred to us, the person who made the referral.

Associates entities of RAG entities include Achmea Schadeverzekeringen N.V.

Personal information will only be disclosed to third parties not identified in this document if you have consented or if you would reasonably expect us to disclose information of that kind to those third parties and the purpose of that disclosure is related to the primary purpose for which the information was collected.

Outsourcing

We may disclose your personal information to third party service providers when we outsource certain tasks and operations, including mailing, printing, direct marketing and information technology services.

Where we disclose personal information to an external outsource provider, we enter into contracts with confidentiality arrangements in place, so that these providers meet our privacy standards in protecting your personal information, comply with the Privacy Act and use or disclose personal information only for the specific service we ask them to perform or the product/service we ask them to provide.

Securitisation

Securitisation involves the pooling and selling of assets such as loans to a special purpose vehicle. To undertake this process, we may disclose personal information to any person to whom our rights in pooled assets are to pass or proposed to pass and to any ratings agencies, trustees, investors and advisers involved in the transaction.

Exchanging information with credit reporting bodies

We need to be in a good position to decide whether or not you are likely to repay your loan when you apply to us for credit. We base our decision on your current financial position and on your credit history. This means that we will consider the information you give us in your application and may make enquiries with and obtain further information from a credit reporting body and other credit providers you have borrowed from previously.

We may collect, hold and disclose your credit-related information as reasonably necessary for our business purposes and as permitted by law such as to make decisions as to whether to provide you with credit, evaluate your credit worthiness, manage credit provided to you and participate in the credit reporting system and providing information to credit reporting bodies as permitted by Part IIIA of the Privacy Act.

Where the Privacy Act applies, we can only give your credit-related information to a credit reporting body if we have told you first that we will do so and we can only obtain information about you from a credit reporting body if we have your consent.

For further information relating to our dealing with credit-related information obtained from a credit reporting body, refer to our Credit Reporting Policy which is available on our website at rabobank.com.au.

Disclosure of personal information to overseas recipients

We may disclose personal information to overseas recipients, including to

  • other members of the Rabobank Group of companies for consolidated reporting and compliance purposes (including regulatory and legislative requirements of any member of the group), the effective administration and management of facilities and for marketing;
  • entities which provide services required to supply you with your products and services; and
  • government or regulatory bodies (including in The Netherlands and the European Union) which have authority over any members of the Rabobank Group.

We also disclose personal information to entities located overseas which provide services required for us with storage and hosting purposes and also to supply products and services to our customers. Countries to which your personal information may be disclosed are The Netherlands, the United Kingdom, Belgium, Luxembourg, Singapore, Hong Kong, the United States and New Zealand.

4. What information does Rabobank collect when you browse our website?

When you visit our websites, we collect information about browsing behaviour, browser capabilities and preferences, e.g. pages viewed and browser type, such as Chrome or Safari.

We use web analytics packages and our content management system to enable us analyse information, learn about our visitors and to measure the performance of our websites and website content.

We use some third party service providers to enable social media features on our websites such as sharing, sending and commenting on content.

Cookies

A cookie is a small text file, which is stored on your computer in order to recognize your computer at recurring visits.

The cookie may transmit information via your browser with a purpose of authenticating or identifying the computer or the user. Cookies may contain information such as user preferences, but would not get access to your personal information. When a server receives a request from a computer which stores a cookie, the server is able to use the information stored in the cookie in combination with the information stored on the server.

A cookie cannot identify you as an individual, cannot read your hard drive or make your computer perform any action. Cookies allow our websites to ‘remember’ your preferences and provide you with a more customised browsing experience.

We use third party vendors to display advertisements on websites. These vendors may use cookies to serve advertisements based on a user's prior visits to our websites. We also use cookies to track delivery of advertisements and understand which have been displayed to a particular user.

Some cookies enable the visitors to our websites to use social media features, like sharing, sending, commenting on or recommending pages to others.

You can choose to change the settings on your browser to turn off cookies, however this may mean that some of the functionality of our website will not be available to you.

Links

Our websites may, from time to time, contain links to the websites of other organisations. These links are provided ‘as is’ and we do not take responsibility for materials and content available on such websites. Linked websites are responsible for their own privacy practices and are governed by their own conditions of use and you should check those websites for further information.

5. How do I access and correct my personal information?

All requests, queries and correspondence with us regarding privacy matters may be addressed to the Privacy Officer, Rabobank Group and sent:

  • by email to the Privacy Officer, Rabobank Group at sydney.privacy@rabobank.com; or
  • by mail to the Privacy Officer, Rabobank Group, GPO Box 4577, Sydney NSW 2001; or

Alternatively, you can telephone the Privacy Officer on 1800 825 484 between 8am & 6pm Monday to Friday Sydney time.

Under the Privacy Act, you have a right to request access to your personal information and to request its correction. In certain circumstances, we are not required to give you access to your personal information including where:

  • giving access would have an unreasonable impact on the privacy of other individuals;
  • we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
  • the information is subject to a legitimate claim of legal professional privilege by us in respect of existing or anticipated legal proceedings between you and us;
  • giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision making process; and
  • the request for access is frivolous or vexatious.

We will give you access to the information in the manner requested, if it is reasonable and practicable to do so, having regard to:

  • the volume of information requested;
  • the nature of the information requested; and
  • any special needs of the individual requesting the information.

We may charge you for giving you access to the requested personal information.

If you request us to correct personal information we hold about you, we will take such steps (if any) as are reasonable to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

If we correct personal information that we previously disclosed to another entity and you request that we notify the other entity of the correction, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

6. If you have a concern or complaint

If you have a concern or complaint about the privacy of your personal information held by us, you may contact our Privacy Officer:

  • by email to sydney.privacy@rabobank.com; or
  • by mail addressed to The Privacy Officer, Rabobank Group, GPO Box 4577, Sydney NSW 2001; or
  • by telephone on 1800 825 484 between 8am & 6pm Monday to Friday Sydney time.

We will give you written acknowledgement of your complaint within 7 days after receiving it, setting out how we will respond to it. We will investigate and respond to your complaint within 4 weeks. If we fail to resolve the complaint to your satisfaction, you may contact the Financial Ombudsman Service by telephone on 1300 780 808, or the Office of the Australian Information Commissioner (OAIC), as follows:

  • Email enquiries@oaic.gov.au; or
  • Telephone on 1300 363 992 or, if calling from outside Australia, +61 2 9284 9749; or
  • Writing to The Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001.

7. Changes to this Policy

We will review this Privacy Policy on a regular basis. Any change to this Policy will be made by updating this document and publishing it on our website.

This Credit Reporting Policy contains information about how Rabobank Australia Group (RAG) entities collect, handle, manage and use your credit-related personal information, including information about your credit applications and credit accounts and your credit reporting information that we obtain from credit reporting bodies (CRBs). This policy is relevant to current and former credit customers, as well as other individuals we deal with in connection with credit we provide to you such as guarantors.

Each RAG entity is bound by the Privacy Act 1988 (Cth) ("Privacy Act") and the Australian Privacy Principles set out in that Act and the Privacy (Credit Reporting Code) Code. The Privacy Act, Principles and the Credit Reporting Code govern how the RAG entities deal with credit-related personal information.

The Privacy Act utilises a number of terms in reference to the above kinds of information. For the purposes of this Policy, we refer to such information below collectively as credit information.

RAG entity, we, us means each member of the Rabobank Group based in Australia, being:

  • Coöperatieve Rabobank U.A. (Rabobank) (Australia Branch) (ABN 70 003 917 655)
  • Rabo Australia Limited (ABN 39 060 452 217)
  • Rabobank Australia Limited (ABN 50 001 621 129)
  • Rabo Equipment Finance Limited (ABN 37 072 771 147)
  • Soft Commodity Trading Pty Limited (ABN 45 085 595 562)
  • GrainCorp Pools Pty Limited (ABN 45 095 759 890)

Our management of your other personal information is set out in Our Privacy Policy, available by visiting www.rabobank.com.au and selecting 'Privacy' at the bottom of the page, by contacting us by telephone on 1800 825 484 or by writing to The Privacy Officer, Rabobank Group, GPO Box 4577, Sydney NSW 2001.

What credit information we collect

We collect, handle, manage and use various types of credit information including:

  • identity particulars
  • the fact that you have applied for credit and the type and amount of that credit
  • the fact that we are a credit provider to you and the type, characteristic and maximum amount of credit provided to you
  • the day on which the credit is entered into and day on which it is terminated or otherwise ceases to be in force
  • your repayment history information
  • payments owed to us in connection with credit provided to you which are overdue more than 60 days and for which collection action has commenced
  • cheques drawn by you which have been dishonoured more than once
  • advice that payments are no longer overdue
  • in specified circumstances, that in our opinion you have committed a serious credit infringement
  • that the credit provided to you by us has been paid or discharged
  • scores, ratings, evaluations and other information relating to your credit worthiness which is derived by us or CRB.

How we collect your credit information

Credit information is generally collected directly from the person concerned or from persons acting on their behalf, usually at the time of contact or taking out a new product from us. The collection of most credit information will be made with your consent which will usually be obtained at or around the time you take out a new product from us. Sometimes credit information is also collected from a third party, for example a person's credit history from a CRB or other credit providers. At or before the time or, if that is not practicable, as soon as practicable after, where a RAG entity collects credit information about an individual, it will take reasonable steps in the circumstances to let that individual know we have their credit information. The collection of credit information may also be collected where such information is in the public domain or is derived by us from your usage and (where applicable) repayment of any account held with us or other credit providers associated with us.

How we hold your credit information

We may hold your credit information in physical form or in electronic form on our systems or the systems of our service providers. We take all reasonable precautions to protect the credit information we hold about you from misuse, interference, loss and unauthorised access. The credit information we hold about you is protected by physical, electronic, and procedural safeguards including:

  • requiring our staff to use passwords and/or access tokens when accessing our systems;
  • using firewalls, virus scanning software and anti intruder systems to protect against unauthorised access to and viruses in our systems;
  • instructing our staff on their obligations concerning the handling of credit information;
  • using dedicated secure networks or encryption when we send credit information electronically for outsourcing purposes;
  • using physical and electronic measures such as alarms, cameras and locked storage areas to protect against unauthorised access to personal information; and
  • requiring our service providers that hold and process such information on our behalf to follow appropriate standards of security and confidentiality.

Why we collect, hold and use your credit information

We may collect, hold and use your credit information as reasonably necessary for our business purposes and as permitted by law including to:

  • provide you with information about products and services
  • consider your request for products and services, including your eligibility
  • process your application and provide you with products and services
  • administer products and services, answering your requests and complaints, varying and developing products and services, taking any required legal action in relation to our accounts and managing our relevant product portfolios
  • assess whether to accept you as a guarantor
  • derive evaluations relating to your credit worthiness used in our decision-making processes and ongoing reviews
  • participate in the credit reporting system and providing information as permitted by Part IIIA of the Privacy Act and the Credit Reporting Code
  • undertake securitisation activities
  • assist you to avoid defaulting on your credit-related obligations
  • consider hardships requests

Collection of credit information from CRBs

We may collect credit information about you from the following CRBs:

Veda Advantage
Veda Customer Service
PO Box 964 North Sydney NSW 2059
Telephone: 1300 850 211
Email: corrections@veda.com.au
Website: www.mycreditfile.com.au
You may obtain a copy of Veda Advantage's policy about their management of credit reporting information by contacting them directly or visiting their website.

Experian Experian Australia Credit Services Pty Ltd
Attn: Credit Report
GPO Box 1969 North Sydney NSW 2060
Telephone: 1300 783 684
Email: creditreport@au.experian.com
Website: www.experian.com.au
You may obtain a copy of Experian's policy about their management of credit reporting information by contacting them directly or visiting their website.

Dun & Bradstreet Attn: Public Access Centre
PO Box 7083 Sydney NSW 2001
Phone: 1300 734 806
Email: PACAustral@dnb.com.au
Website: www.dnb.com.au
You may obtain a copy of Dun & Bradstreet's policy about their management of credit reporting information by contacting them directly or visiting their website.

The Privacy Act and Privacy (Credit Reporting) Code limit what we can do with the information we obtain from a CRB. Generally, it can only be used in relation to the credit products you hold through us.

Disclosure of credit information to overseas and other recipients

We operate our banking activities globally and some RAG entities will disclose your credit information to overseas recipients including other RAG entities and external service providers.
We may disclose your personal information outside Australia to:

  • other members of the Rabobank Group of companies for consolidated reporting and compliance purposes (including regulatory and legislative requirements of any member of the group), the administration and management of your facilities and marketing; and
  • entities which provide services required to supply you with your products and services.

This includes disclosures to The Netherlands, New Zealand, the United States and Luxembourg.

Disclosure of credit information to CRBs

To help us with the wide range of tasks associated with our business of the provision and management of credit, we may disclose your credit information to CRBs. Under the Privacy Act and Privacy (Credit Reporting) Code, CRBs are permitted to handle credit information. If you apply for any kind of credit or offer to act as guarantor, we may disclose your credit information to a CRB. We may process your credit information to create an unsuitability assessment or other ratings of suitability for credit which we may disclose to a CRB. Other credit information which we may disclose to a CRB includes the conduct of your credit products with us. For example, if you fail to meet your payment obligations in relation to your credit products, or commit a serious credit infringement, we may be entitled to disclose this to a CRB. CRBs may include your credit information provided by us in reports provided to other credit providers to assist them to assess your credit worthiness (such as when you have applied for a loan from the provider). Each CRB has a policy for managing your credit information that you may access by contacting the CRBs using the details listed above.

In addition, CRBs offer a credit prescreening service to credit providers wishing to send direct marketing material about credit services to individuals. You may request that CRBs not use your information for this purpose. To opt out of credit pre-screening, contact the CRB, using the contact details on their websites noted above. You can also ask a CRB not to use or disclose your information for a period if you believe on reasonable grounds that you have been or are likely to be a victim of fraud.

Access to your credit information

Under the Privacy Act, you have a right to request access to your credit information and to request its correction. Your rights to access your credit information are subject to some limitations. For example, we do not have to provide you with access to the extent it would be illegal to do so and we may need to give you access in a way that preserves the confidentiality of any methodology, data analysis methods, computer programs or other information used by us to derive relevant information. A request to access your credit information can be made:

  • by email to the Privacy Officer, Rabobank Group at sydney.privacy@rabobank.com; or
  • by mail to the Privacy Officer, Rabobank Group, GPO Box 4577, Sydney NSW 2001.

Alternatively, you can contact the Privacy Officer by telephone on 1800 825 484 between 8am & 6pm Monday to Friday (AEST).

We will respond to your request for access to personal information within a reasonable period of time. We will give you access to the information in the manner requested, if it is reasonable and practicable to do so.

If we refuse to give you access to the requested credit information for any of the reasons mentioned above, we will take such steps (if any) which are reasonable in the circumstances.

We may charge you for giving you access to the requested credit information.

Correction of your credit information

If you request us to correct your credit information we hold, we will take such steps (if any) as are reasonable to ensure that, having regard to the purpose for which it is held, the information is accurate, up-to-date, complete, relevant and not misleading. Requests to correct personal information can be made to the Privacy Officer whose contact details are listed above.

If we refuse to correct the personal information as requested by you, we will give you a written notice that sets out:

  • the reasons for the refusal except to the extent that it would be unreasonable to do so; and
  • the mechanisms available to complain about the refusal.

If you have a concern or complaint

If you have a concern or complaint about the privacy of your personal information held by us, including a breach of the Australian Privacy Principles under the Privacy Act or the Privacy (Credit Reporting) Code, you may contact our Privacy Officer.

We will give you written acknowledgement of your complaint within 7 days after receiving it, setting out how we will respond to it. We will investigate and respond to you within 4 weeks of receiving your complaint. If we fail to resolve the complaint to your satisfaction, you may contact the Financial Ombudsman Service by telephone on 1300 780 808, or the Office of the Australian Information Commissioner (OAIC), as follows:

  • Email enquiries@oaic.gov.au; or
  • Telephone on 1300 363 992 or, if calling from outside Australia, +61 2 9284 9749; or
  • Writing to The Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001.

Changes to this Policy

We will review this Credit Reporting Policy on a regular basis. Any change to this Policy will be made by updating this document and publishing it on our website. This document is dated May 2016.