2. We manage personal information in accordance with the National Consumer Credit Protection Act 2009 (Cth), Privacy Act 1988 (“Privacy Act”), and other relevant legislation for the purpose of providing services (“our services”) to you, including providing financial services.
3. If we are not able to collect your personal information, we will not be able to provide our services to you. Personal information we collect.
Personal information we collect
4. Personal information is information about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information is recorded in a material form or not.
5. The types of personal information we collect includes:
(a) names, ownership interest in a business or property, contact and address details.
(b) information in identification documents (for example, passport and driver’s license).
(c) tax file numbers and other government-issued identification numbers.
(d) date of birth and gender.
(e) bank account details, shareholdings and details of investments.
6. We will not collect sensitive information about you.
How we collect personal information
7. Generally, we collect your personal information from you directly. For example, when we deal with you in person or over the telephone, when you send us correspondence (including via email), when you complete a questionnaire, form or survey, or when you submit personal information through our website.
8. Sometimes we may collect your personal information from a third party. For example, we may collect your personal information from your agent, or a publicly available record. We may also be required by Australian laws (such as the National Consumer Credit Protection Act 2009 (Cth)) to collect your personal information.
Holding personal information
10. TRUCAP holds personal information in electronic formats. We take security measures to protect the personal information we hold, including physical security measures and technological security measures (for example, restriction of access, firewalls, the use of encryption, passwords and digital certificates). We also have document retention policies and processes.
Purpose for collecting, holding, using and disclosing personal information
(a) to verify your identity or to conduct appropriate checks for credit-worthiness and for fraud checking. (b) to provide professional services.
(c) to respond to requests or queries.
(d) to keep you informed of our services and industry developments.
(e) for administrative purposes when engaging service providers, contractors or suppliers relating to the operation of our business.
(f) to manage any conflict of interest or independence obligations or situations for seeking your feedback to meet any regulatory obligations for any other business-related purposes.
(g) to share non-personal, de-identified or aggregated information with third parties for research or promotional purposes.
12. The types of third parties (including overseas third parties) to whom we may disclose and/or sell your personal information include:
(a) third party service providers, including information technology providers and consultants, professional advisers, credit reporting agencies (including the agents and representatives of those credit reporting agencies).
(b) other credit providers, any other person or organization that you have asked us to provide your personal information to or collect it from.
13. If you do not provide us with the personal information we have requested, we may not be able to complete or fulfil the purpose for which such information was collected, including providing you with the services we were engaged to perform which in most cases will be to provide working capital to your business wherein a person will pledge a person guarantee.
14. TRUCAP may disclose information about you to a credit reporting agency for the purpose of obtaining a consumer credit report about you.
15. You give TRUCAP your consent to obtain a credit report (which includes consumer credit information about you) from a credit reporting agency and allow the credit reporting agency to create or maintain a credit information file containing information about you.
16. We may verify your identity using information held by a credit reporting agency. To do this we may disclose personal information such as your name, date of birth, and address to the credit reporting agency to obtain an assessment of whether that personal information matches information held by them. They may give us a report on that assessment and in doing so may use personal information about you and other individuals in their files.
Disclosure of personal information overseas
17. TRUCAP may disclose your personal information to overseas recipients, including recipients in the United States of America to allow them to send marketing material and/or to offer to provide goods and services to you. We may also backup and store data to cloud-based services which are potentially hosted outside of Australia. These servers are commonly located in the United States of America.
8.1 of the Australia Privacy Principles (“APP”) will not apply to the disclosure. Subclause 8.1 requires that an overseas entity to whom disclosure of your personal information is made take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach the APP (other than APP 1) in relation to your personal information.
19. TRUCAP may also use your personal information for the purpose of marketing its services. If you do not want to receive marketing material from us, you can either use the unsubscribe feature in an email or email [email protected] requesting to no longer receive marketing material from us.
Privacy on our website
20. Cookies (i.e. small text files placed on your computer when you first visit the site) are used on TRUCAP’s website. Most browsers now recognize when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company’s technology help desk or your internet service provider.
21. Cookies are primarily used to enhance your online experience. If you visit our website to read or download information, such as news stories or articles, much of the information we collect is statistical only (for example, the domain from which you accessed the internet, the date and time you accessed our site, and the internet address of the website from which you linked directly to our site) and not personally identifiable. We use such information to make our site more useful and attractive to you.
Links to third party websites
23. TRUCAP also does not endorse, approve or recommend the services or products provided on third party websites.
Gaining access to personal information we hold
24. You can request access to your personal information, subject to some limited exceptions permitted or required by law. Such request must be made in writing to our Privacy Officer.
25. TRUCAP may charge its reasonable costs for providing you access to your personal information.
Keeping personal information current
26. If you believe that any personal information TRUCAP has collected about you is inaccurate, not up-to-date, incomplete, irrelevant or misleading, you may request correction.
27. To do so, please contact our Privacy Officer and we will take reasonable steps to correct it in accordance with the requirements of the Privacy Act.
Referral fee Disclosure:
28. TRUCAP could receive a referral fee when a loan or working capital advance is funded.
Special privacy provisions
30. When you provide your personal information through TRUCAP’s website, TRUCAP collects your personal information and may sell it to potential providers of loan facilities and finance brokers and lead providers. If you do not provide this information, TRUCAP will not be able to provide your contact information and other details to those potential providers of loan facilities and finance brokers and lead providers. You can access your personal information stored by TRUCAP by contacting the Privacy Officer, details of which are set out below.
(a) TRUCAP selling (for a fee) your personal information to potential finance brokers, providers of loan facilities and other lead providers.
(b) TRUCAP providing your personal information to third party credit providers and finance brokers which may provide you with offers or information on goods or services they may be able to provide to you.
(c) any personal information you provide to us (or give to any other third party consistent with this consent), and any other information we obtain about you (including any credit information), being sent or stored in the United States of America.
(a) assist you in completing your application to their satisfaction.
(b) confirm and verify your personal information and identity.
(c) check why you have failed to complete the application form (for example to check if there were technical or other issues).
(d) market to your products and services including but not limited to products and services offered by TRUCAP or its affiliates or third parties.
(a) acknowledge that for the purposes of the Privacy Act the finance broker is acting as an agent of a credit provider;
(b) may give information about you (Credit Reporting Information) to a credit reporting agency for the following purposes:
(i) to obtain a consumer credit report about you; and/or
(ii) allow the credit reporting agency to create or maintain a credit information file containing information about you. The Credit Reporting Information provided will be limited to identity particulars – your name, sex, address (and the previous two addresses), date of birth, name of employer, and driver’s license number.
Limitation of liability
34. TRUCAP does not endorse and not is responsible for good or services provided by any third party to whom we disclose your personal information and you release TRUCAP from any claim arising in relation to that disclosure or any service provided to you by any third party.
35. In no circumstances is TRUCAP responsible or liable for any direct, indirect or incidental loss, cost or damage howsoever arising from or in relation to the disclosure of your personal information to third parties.
36. By requesting our services, you may be directed to a third-party website or a third-party provider. You acknowledge and agree that TRUCAP does not accept nor will it be liable or subject to any direct, indirect or incidental loss, cost or damage howsoever arising from or in relation to any use of the third party website or any services provided to you by a third party to whom you are referred or directed.
38. If you wish to make a complaint to TRUCAP about our handling of your personal information, you can contact our Privacy Officer and set out in writing the details of your complaint:
The Privacy Officer
Address : 903/50 Clarence St, Sydney NSW 2000
Email: [email protected]
39. TRUCAP will endeavor to reply to you within 30 days of receipt of the complaint and, where appropriate, will advise you of the general reasons for the outcome of the complaint. In some circumstances, the Privacy Officer may decline to investigate the complaint, for example if the complaint relates to an act or practice that is not an interference of the privacy of the person making the complaint.
40. If you are not satisfied with the outcome of your complaint, you can refer your complaint to the Office of the Australian Information Commissioner (in writing) at:
Address 3/175 Pitt St, Sydney NSW 2000
Telephone: 1300 363 992
The Privacy Officer
Address : 903/50 Clarence St, Sydney NSW 2000
Email: [email protected]
Phone: 1300 702 042
“I found the experience with TRUCAP to be excellent, from the first online contact, right through to the funds settlement. All staff were helpful, prepared to listen and offered a quick response along with an understanding of small requirements.”
“Thank you Daniel. Most appreciated. You and your colleagues have been a pleasure to liaise with.”
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We have found them to be friendly and very easy to deal with.
They are always willing to try and help and are prepared to be flexible.
They have always provided immediate feedback with approvals and delivered fast and efficient funding.”
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