Terms & Conditions

AE Group - Privacy and Credit Information Policy

1. About the AE Group

The AE Group provides equipment finance, equipment rental, hire purchase, capital raising, business restructuring, insurance premium funding, IT funding and packaging and account referral consultation and funding services (Services).

This Privacy and Credit Information Policy (Policy) applies to the handling of personal information, including credit information, by the AE Group.

In this Policy, a reference to the AE Group is a reference to (as applicable):

• Associated Equipment Pty Ltd (ACN 131 092 290);
• AE Rentals Pty Ltd (ACN 141 077 983);
• AE Finance Australia Pty Ltd (ACN 103 053 158); and
• such other companies forming part of the AE Group from time to time (such as subsidiaries or related bodies corporate of the above named companies).

2. Your rights in relation to privacy

AE Group understands the importance of protecting the privacy of an individual’s personal information. 

This Policy sets out how AE Group aims to protect the privacy of your personal information (including credit information), your rights in relation to your personal information managed by AE Group and the way AE Group collects, holds, uses, discloses and otherwise manages your personal information.

In collecting, holding, using, disclosing and otherwise managing your personal information, AE Group will comply with the Privacy Act 1988 (Cth) (Privacy Act) and the 13 Australian Privacy Principles in the Privacy Act.

To the extent the Credit Reporting Code applies to AE Group and AE Group collects, holds, uses, discloses and otherwise manages your credit information, AE Group will also comply with the Credit Reporting Code. 

AE Group will regularly review its policies regarding personal information and credit information and how it collects, holds, uses, discloses and otherwise manages your personal information. As a result, AE Group may update and amend this Policy from time to time.  Any updated Policy will be made available on the website www.ae.com.au or otherwise on request.

3. Kinds of personal information collected

For the purposes of the Privacy Act, personal information is information or an opinion about an identified, or reasonably identifiable, individual. 

In providing the Services and conducting its various businesses and other operations, AE Group may collect your personal information.

Generally, the kinds of personal information AE Group collects are:

(a)contact and identification information such as your name, address, telephone number, email address, date of birth and drivers licence number;

(b)information regarding your hiring history with AE Group or your other dealings with AE Group (such as product returns, warranty claims or product queries);

(c)financial information about your assets and liabilities, occupation and income, account balances, account activities, expenditures, payment history and transactions with us or third parties;

(d)information regarding your business, personal and financial affairs;

(e)credit information (as defined in the Privacy Act) where relevant to AE Group’s assessment of an application for a commercial account with AE Group or other credit from AE Group. The credit information that AE Group may collect will be credit related personal information lawfully created and accessible within the Australian credit reporting system including:

(i)identification information;

(ii)consumer credit liability information which includes information about your credit providers and credit accounts, including the dates on which the accounts are opened and closed, their limits, and their terms and conditions (or any changes to their terms and conditions);

(iii)whether you have or have not met any monthly repayment obligations;

(iv)whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value);

(v)whether you have paid any amount previously reported as being in default;

(vi)that another credit provider has sought credit-related personal information about you from a credit reporting body;

(vii)information about the types of consumer or commercial credit, and the amounts of credit, you have sought from a credit provider;

(viii)information about court proceedings related to credit provided to you or for which you have applied;

(ix)personal insolvency information and other publicly available information relating to your credit worthiness;

(x)a credit provider’s reasonable belief that you have committed a serious credit infringement; and

(xi)any other information lawfully obtainable within the Australian credit reporting system;

(f)credit eligibility information which is credit related information about you that AE Group obtains from a credit reporting body, such as Veda, the details of which are set out in paragraph 6, together with information AE Group derives from such information based on its own analysis.  AE Group generally receives from credit reporting bodies, credit related personal information including, but not limited to, the information set out above;

(g)where you are applying for a position with AE Group, sensitive information (eg criminal record) which will only be collected with your consent;

(h)where you are applying for a position with AE Group, information about your education and work history, qualifications and skills, and the opinions of others about your work performance; and

other information required for AE Group’s functions and activities. 

In some circumstances AE Group may also hold other personal information provided by you.

4. Collection of personal information by AE Group

Generally, AE Group collects your personal information (including any credit information) directly from you. For example, AE Group may collect your personal information through the completion of a hard copy or online form, an interaction or exchange in person or by way of telephone, facsimile, email, post or through your use of the AE Group website or other online services. 

There may be occasions when AE Group collects your personal information from other sources such as from:

• a broker, accountant, lawyer or other third party acting on your behalf;
• a credit reporting body, including Veda;
• an information services provider;
• a publicly maintained record or other publicly available sources of information including social media and similar websites;
• the completion of an application form by another person or entity that lists you as a director, guarantor or trade reference; or
• AE Group’s own records about or regarding you from which AE Group may derive information it considers relevant, such as internally generated credit scores, assessments, summaries or evaluations.

Generally, AE Group will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect that personal information directly from you or if we obtain your written consent to us collecting your personal information from a source other than you. 

5. Purposes for which personal information is used

AE Group collects, holds, uses and discloses your personal information, including credit information, where it is reasonably necessary for the purposes of AE Group:

• providing and facilitating the provision of the Services to you;
• identification purposes;
• facilitating the operations of the business operated by AE Group and the other normal business activities or operations of AE Group;
• assessing your application for finance and managing that finance;
• assessing an application for and if successful, administering, a commercial trading account with AE Group or any other commercial arrangement you have in place with AE Group from time to time;
• making decisions regarding whether to provide you with credit or continue to provide you with credit;
• collecting or seeking to collect payments that are overdue in relation to credit provided to you or in respect of which you are a guarantor;
• undertaking identification and verification activities in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act or any other relevant laws;
• accounting, billing and other internal administrative purposes;
• conducting customer satisfaction research;
• assessing your application for employment with a member of AE Group, or otherwise for the purposes of engaging you as a contractor or consultant;
• undertaking marketing activities, including the communication of information about the products and services of AE Group and identifying and informing you of products and services of AE Group or selected third parties that may be of interest to you; and
• complying with the obligations of AE Group under any applicable laws.

AE Group also collects, holds, uses and discloses credit information for the following purposes:

• to obtain credit information from credit reporting bodies; 
• to manage any credit AE Group provides;
• to assess applications for commercial credit;
• to collect overdue commercial credit payments; 
• to assess whether to accept individuals as guarantors of commercial credit;  and
• for directly related internal management purposes.

AE Group may also use your personal information for purposes related to the above purposes and for which you would reasonably expect AE Group 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, AE Group takes steps reasonable in the circumstances 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 AE Group.  However, without certain information from you, AE Group may not be able to provide its products and/or services to you or may not be able to assess or approve any application you make for a commercial account with AE Group or other credit from AE Group.

6. Disclosure of personal information

AE Group discloses your personal information for the purpose for which AE Group collects it.  As a result, generally, AE Group will only disclose your personal information for a purpose set out at paragraph 5.  This may include disclosing your personal information to:

• third parties engaged to perform administrative or other business management functions;
• business partners of AE Group, such as Quantum Business Finance Pty Ltd;
• people or entities considering acquiring an interest in AE Group’s enterprise or assets or undertaking securitisation arrangements in respect of AE Group;
• AE Group’s professional advisors, contractors, consultants and related bodies corporate;
• AE Group’s insurance providers; and
• other service providers and business partners of AE Group from time to time such as AE Group’s administration, technology, auditing, mailing, printing or other service providers.

AE Group may also disclose your personal information for other purposes with your consent or for any purposes if the disclosure is required or authorised by law.

AE Group may also disclose your personal information, including your credit information, to lenders, other credit providers, and the credit reporting body Veda (contactable on the details set out below). In particular, AE Group may disclose to Veda information about you failing to meet your payment obligations or if you commit a serious credit infringement. Veda may include any information provided by AE Group in reports it provides to other credit providers for the purpose of such credit providers assessing your credit worthiness.  AE Group may also disclose your personal information (including credit information) to debt collection or other similar service providers for recovery and collection purposes.

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

Veda can be contacted as follows:

Veda Public Access
PO Box 964
NORTH SYDNEY  NSW  2059
or by ordering an online copy of credit reporting information Veda holds about you through www.veda.com.au/understanding-your-credit-file.

Veda’s policy on its management of credit related personal information can be accessed through its website at: http://www.veda.com.au/

7. Overseas disclosures

AE Group is not likely to disclose any personal information, including credit related personal information, to overseas recipients.  However, where it is necessary to make any overseas disclosures in order to provide its equipment hire services or for business or operational purposes (e.g. for administrative or other business management purposes), AE Group 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 AE Group is likely to disclose personal information to recipients located overseas, AE Group will update this privacy policy regarding the likely disclosures (including, if it is practicable to do so, the countries in which such overseas recipients are likely to be located).  

8. Direct marketing

AE Group may use and disclose your personal information in order to inform you of products and services that may be of interest to you. This may include AE Group disclosing your personal information to related bodies corporate of AE Group or other entities with which AE Group has a commercial relationship or arrangement for the purpose of such other entities contacting you regarding offers or information (which may include offers or information about the products or services of the entity).  In the event you do not wish to receive such communications, you can opt-out by contacting AE Group via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you. 

9. Security of personal information

AE Group takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.  AE Group holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff. Credit eligibility information, such as information AE Group receives from Veda or other credit reporting bodies for the purpose of assessing credit worthiness, is stored through equally secure methods.

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

If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request a credit reporting body not to use or disclose credit related personal information it holds about you by contacting the credit reporting body on the details set out in paragraph 6.

10. Access and correction

AE Group takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. 

Under the Privacy Act, you have a right to seek access to and correction of your personal information that is collected and held by AE Group.  If at any time you would like to access or correct the personal information that AE Group holds about you, or you would like more information on AE Group’s approach to privacy, please contact AE Group’s Privacy Compliance Officer on the details set out in paragraph 11 below.

AE Group will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate. 

Where necessary to resolve a request for correction of your credit related personal information, AE Group may also consult with other relevant entities, including but not limited to any relevant credit reporting body.  To obtain access to your personal information:

• you will have to provide proof of identity;
• AE Group requests that you be reasonably specific about the information you require; and
• AE Group may charge you a reasonable administration fee, which reflects and will not exceed the cost to AE Group for providing access in accordance with your request.

Alternatively, if you would like to access personal information held about you by Veda, please contact Veda on the contact details set out in paragraph 6.

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

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

11. Contacting AE Group

For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact AE Group’s Privacy Compliance Officer, Ms Silvana Salamanca, at [email protected].

12. Privacy complaints

Please direct all privacy complaints to AE Group’s Privacy Compliance Officer.  At all times, privacy complaints:

• will be treated seriously by AE Group;
• will be dealt with promptly by AE Group;
• will be dealt with in a confidential manner by AE Group; and
• will not affect your existing obligations or affect the commercial arrangements between you and AE Group.

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

• AE Group will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless AE Group informs you otherwise and seeks your agreement in writing;
• AE Group may consult with relevant third parties, such as a credit reporting body or other credit provider, in order to sufficiently and expeditiously resolve the complaint; and
• if your complaint relates to AE Group’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.

AE Group’s Privacy Compliance Officer will commence an investigation into your complaint.  You will be informed of the outcome of your complaint following completion of the investigation.  In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which AE Group will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner, or if the complaint relates to your credit information, The Credit Ombudsman Service Limited.