Credit Information and Reporting Policy

1. GENERAL

1.1. Duress Pty Ltd ACN 613 710 026 (We, us, our) recognise that your privacy is very important and we are committed to protecting the personal information we collect from you.

1.2. The Privacy Act 1988 (Cth) (Privacy Act) and the Privacy (Credit Reporting) Code 2014 (CR Code) govern how we must manage your credit-related information. This credit reporting policy sets out how we collect, use, disclose and otherwise manage credit-related information.

1.3. Our separate privacy policy sets out how we collect, use, disclose and otherwise manage other types of personal information, and should be read in conjunction with this credit reporting policy.

1.4. Both this credit reporting policy and the privacy policy are available at duress.com, or on request by contacting us.

2. STATEMENT OF NOTIFIABLE MATTERS

2.1. Under the CR Code, there are several ‘notifiable matters’ that we are required to disclose to you at or before the time of collecting personal information that is likely to be disclosed to a credit reporting body. Those matters are:

2.1.1. a credit reporting body may include the credit information we provide to it in reports, which it then provides to other credit providers to assist those other credit providers to assess your credit worthiness;

2.1.2. if you fail to meet your payment obligations in relation to consumer credit, or commit a serious credit infringement, we may disclose this to a credit reporting body;

2.1.3. you have the right to access credit information we hold about you, request that we correct the information, and make a complaint, as set out further in the remainder of this Credit Reporting Policy;

2.1.4. you can request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and

2.1.5. you can request a credit reporting body not to use or disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.

2.2. You can ask us to provide you a hard copy of this policy (including this statement of notifiable matters).

3. COLLECTION

What kinds of credit information we collect

3.1. If you apply for products, services or credit from us, we may collect and hold various information related to your assets and financial position, including income details, expense details, asset values and taxation information.

3.2. We may also collect and use all types of ‘credit information’, ‘credit eligibility information’ and ‘CP derived information’ (as those terms are defined in the Privacy Act).

3.3. Credit information is the information we may collect and give to a credit reporting body and take into consideration when you apply for or use credit. This information includes:

3.3.1. identifying information, including your name, contact details including your home address, billing address, email and contact numbers;

3.3.2. the fact that you have applied for credit and the amount;

3.3.3. the fact that, as we provide terms of payment of accounts for products and services that are not prepaid and which are greater than 7 days, we are a credit provider to you;

3.3.4. repayment history information, including details of credit you have applied for including but not limited to dates of credit contracts, due dates for repayments, repayment history and any related information;

3.3.5. in specified circumstances, default information (including payment information if you pay a defaulted amount previously listed with a credit reporting body);

3.3.6. advice that payments are no longer overdue and the date on which overdue payments were made;

3.3.7. in specified circumstances, our opinion that you have committed a serious credit infringement;

3.3.8. the fact that credit provided to you has been paid or otherwise discharged (including the date of discharge);

3.3.9. details pertaining to your financial position, including any bank account details or credit card details;

3.3.10. other credit information related to your credit worthiness which is derived by us; and

3.3.11. information derived from receiving credit reports about you (being ‘CP derived information’) and ‘credit eligibility information’ (as defined in the Privacy Act).

3.4. Credit eligibility information is the information that credit reporting bodies provide to us. CP derived information means any personal information that is derived from information provided to us by a credit reporting body. For example, a credit score.

How we collect your credit information

3.5. We will collect your credit-related information if you apply for credit from us or our related entities. We will collect this information directly from you in most cases, for instances through telephone calls, through our application forms and processes or via email.

3.6. We may also collect it from persons acting on our or your behalf (for instance, dealers, resellers, agents) or from our related entities. We also collect credit-related information from credit reporting bodies or from other credit providers where permitted by the Privacy Act.

3.7. If we collect details about you from someone else, we will, whenever reasonably possible, make you aware that we have done this and why, unless such information:

3.7.1. is collected from publicly available sources, including but not limited to any court proceeding information, personal insolvency information and credit relate publicly available information; or

3.7.2. is collected as otherwise required or authorised by law.

3.8. To the extent necessary, you expressly consent to us obtaining credit-related information about you from the types of external parties listed above.

4. PURPOSES OF COLLECTION

Use and disclosure of your credit information

4.1. We collect and use your credit-related information in order to assess your application for consumer or commercial credit, for securitisation-related purposes, for our internal management purposes that are directly related to the management of consumer or commercial credit, where we reasonably believe that you have committed a serious credit infringement, and where otherwise required or permitted by law.

4.2. We will only use or disclose your credit-related information for the primary purposes for which it was collected or as consented to or as otherwise set out below. We may use and disclose (and you consent to such use and disclosure of your) credit-related information about you to:

4.2.1. our related bodies corporate, or a person who manages credit, to process an application or manage credit or discuss an enquiry with you or for related internal management purposes that are directly related to the provision or management of commercial credit;

4.2.2. the administration and management of our products and services, including charging, billing, credit card authorisation and verification, checks for financial standing, credit-worthiness (including but not limited to undertaking an assessment for credit loss and obtaining credit references, if applicable), and fraud;

4.2.3. use the information for our own internal assessment of your credit worthiness;

4.2.4. other third parties, where we believe on reasonable grounds that you have committed a serious credit infringement;

4.2.5. assist you to avoid defaults;

4.2.6. external dispute resolution providers in relation to any complaints or disputes concerning a credit facility offered to you;

4.2.7. third parties for the purposes of considering whether to accept an assignment of debt, or to take an interest in the credit provider;

4.2.8. other credit providers where you have consented and where permitted by law;

4.2.9. guarantors or proposed guarantors, where you have consented and where permitted by law;

4.2.10. third parties, such as external debt collectors;

4.2.11. our contractors and agents, including but not limited to third party providers who undertake our bill and/or credit services on our behalf and any companies who assist us in providing our products and services to you; and

4.2.12. other persons where required or authorised by law.

4.3. We may disclose your credit-related information to credit reporting bodies from time to time. The credit reporting bodies we may deal with include:

4.3.1. Equifax – www.equifax.com.au

4.3.2. Illion – www.illion.com.au

4.3.3. Experian – www.experian.com.au

Disclosure of information overseas

4.4. We do not generally store credit information overseas, but we may disclose credit-related information to credit reporting bodies and other parties overseas. The location of any overseas-based credit reporting bodies or other parties will be any country where you are conducting business that is directly related to the services for which you have engaged or propose to engage.

4.5. We may utilise overseas service providers in relation to personal information (excluding credit information) which will be governed by our Privacy Policy.

Consequential disclosure of credit information

4.6. We may also use or disclose your credit information:

4.6.1. when it is disclosed or used for a purpose related to the primary purposes of collection detailed above and you would reasonably expect your personal information to be used or disclosed for such a purpose;

4.6.2. where we are required or authorised by law or where we have a public duty to do so;

4.6.3. where we are otherwise permitted to disclose the information under the Privacy Act.

4.7. In the event we propose to use or disclose such credit information other than for reasons set out in this credit reporting policy or as otherwise provided by our privacy policy, we will first seek your consent prior to such disclosure or use, unless such use or disclosure is otherwise required by law.

5. HOW DO WE STORE CREDIT INFORMATION

Where do we store credit information

5.1. We will store any credit information you provide to us, or which we obtain about you, with any other personal information we may hold about you, which shall include the use of paper files, electronic files and databases.

5.2. We use third party service providers who either assist us in the storage of your personal information or undertake services on our behalf which may require them to hold your personal information.

6. COMPLAINTS

6.1. We have appointed a privacy officer who can be contacted at support@duress.com.

6.2. To make a complaint about how we handle your personal information, you may contact the privacy officer at:

Email address: support@duress.com

Post: Suite 01, Level 8, 420 St Kilda Rd, Melbourne VIC 3004

6.3. We will respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding the handling of credit-related information from the Office of the Australian Information Commissioner.

6.4. We may make changes to this credit reporting policy at any time by giving notice on this page and - as far as technically and legally feasible - sending a notice to you. We recommend you check this page often, referring to the effective date of the last modification listed at the bottom.

Effective: 23rd July 2024