Privacy Policy

Our Privacy Policy 

Capify is committed to protecting and respecting your privacy. This policy sets out the basis on which any personal data we collect from you or about you (including information you provide to us), will be processed by us. 
This website and our services are not intended for children and we do not knowingly collect data relating to children.  

It is important that you read this policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This policy supplements the other notices and is not intended to override them.

Controller and our contact details
Capify is made up of different legal entities, details of which are provided below: 
Capify Australia Pty Limited (ABN 38 630 469 117) 

AUS SME Capital PTY Ltd  (ABN 83 664 243 074)

(together “the Capify Group”). 

This privacy policy is issued on behalf of the Capify Group so when we mention (“Capify”, “the Group”, “we”, “us” or “our”) we are referring to the relevant company in the Capify Group responsible for processing your data. Ausvance Capital II Pty Limited (ABN 91 630 468 156) is the controller and responsible for our website.  

When you trust us with your personal and credit-related information, we know you expect us to protect it and keep it safe. 

This means that when we receive your personal and financial information, we: 

• tell you how we may use it 

• keep it in a secure way 

• make sure it is kept accurate and up-to-date 

• restrict how we use it 

• restrict who we provide it to 

This policy explains the main ways we collect, handle, disclose and protect your personal information and how we comply with the Privacy Act 1988 (Cth) as amended from time to time (“Privacy Act”) and Australian Privacy Principles. It also describes the types of information we may collect from you, including your: 

• personal information; and 

• your credit-related personal information and credit eligibility information (‘credit-related information’), including information about your applications for commercial credit and credit accounts with us and your credit reporting information that we derive from credit reporting bodies (‘CRBs’) and from other credit providers. 

While the Privacy Act uses a variety of terms to refer to the information above, to make it easier to read this policy, we refer to it below collectively as “personal information”. 

Consent 

When you engage with us to provide you with any products or services, apply or complete an application for commercial credit, communicate with us through email, by telephone, in writing, or use any of our other services, including the website, you agree to the use and disclosure of your personal information in the manner described in this policy. Where applicable, we may require you to confirm your express, explicit consent when collecting your personal information for the purposes of compliance with the Privacy Act and the regulations set out in the General Data Protection Regulation (EU) (‘GDPR’). 

This policy is also relevant and applies to other individuals we deal with in connection with commercial credit we provide, such as guarantors and directors. 

How to contact us 

You can contact us about this policy or our products and services by: 

• calling: 1300 760 930 

• emailing: [email protected] 

• by mail to Level 4, 3/18 Smith St Parramatta, NSW, 2150 

If practical, you can contact us without identifying yourself. However, if you don’t identify yourself, we may not be able to give you the information and services you would otherwise expect to receive. 

What sorts of personal information do we ask for? 

We will only ask for information relevant to our business relationship with you. 

We collect personal information such as: 

• information that identifies you, including your name, address, date of birth, telephone number, occupation, and driver’s license number; 

• your debit or credit account details; 

• your financial position, including income, expenses, and liabilities information; 

• information we collect from you when providing our products and services to you; 

• emails, user IDs and passwords; 

• records of communications with us; 

• personal website usage information; 

• your opinion about our products, services, or staff when we conduct market research. 

Where you have applied for commercial credit or have agreed to be a guarantor under an application for commercial credit, we may also collect credit-related information, such as: 

• credit application information – such as the type of credit you have applied for (consumer or commercial credit), details of the credit provider, the amount, and the terms; 

• repayment history – such as payments owed to us or another credit provider, in connection with credit provided to you or in relation to which you are a guarantor that is due by 60 days; 

• default information – such as information about a payment that is owed by you as a borrower or guarantor and that remains overdue for more than 60 days; 

• payment information – that an overdue payment has been paid on a certain date; 

• new arrangements – whether you have entered into new arrangements with us or other credit providers in connection with credit provided to you; 

• court proceedings information, personal insolvency information, and credit-related publicly available information; 

• scores, ratings, summaries, evaluations, and other information relating to an individual’s creditworthiness which is derived by us or our agents or by CRBs wholly or partly on the basis of the information above; certain administrative information relating to credit, such as account and customer numbers; and 

• whether, in our or another credit provider’s opinion, you have committed a serious credit infringement. 

The Privacy Act places restrictions on collecting sensitive personal information about you (this includes information about your religious views, ethnicity, political opinions, criminal records, personal health information, or sexual preferences). Generally, we won’t collect this sort of information unless it is specifically relevant and necessary for the purpose of our business functions and operations and your consent is first obtained. 

We may at our sole discretion utilise one or more validation-based services to undertake identity checks/validation on any of the information or documentation provided to us. Such checks may use official identifiers to identify individuals. We undertake such checks to combat identity fraud and financial crime. 

The purpose of collecting personal information 

Personal information is collected so that we are able to reasonably perform our business operations and functions and provide you with quality customer service. We will collect, use, hold, and disclose your personal information for the following purposes: 

• Our general business activities and functions, including providing you with our products and services; 

• assessing and processing an application for commercial credit or to accept an individual as a guarantor; 

• for administrative purposes in relation to the ongoing management of your commercial credit arrangement; 

• communicating with you, including responding to your inquiries about our products and services and applications and accounts; 

• participating in the credit reporting system and providing information to CRBs as permitted by Part IIIA of the Privacy Act; 

• meeting our legal and regulatory requirements, and enforcing our rights; 

• conducting, improving, and developing a business relationship with you; 

• dealing with complaints; 

• marketing (such as providing individuals with information about our products and promotional notices and offers); and 

How do we collect personal information? 

If it is reasonable and practical to do so, we collect personal information directly from you. We may do this through application forms, over the telephone, email, fax, the internet, or in person. 

Where the Privacy Act permits, we may also collect personal information from other people or organisations. Sometimes this may happen without your direct involvement. Some examples of the people or organisations from which we may collect personal information about you are:   

• each other (i.e. between Capify Australia Pty Limited and AUS SME Capital Pty Ltd); 

• other credit providers; 

• publicly available sources of information (such as telephone directories); 

• your authorised representative (such as a legal adviser); 

• third-party brokers (such as insurance brokers and mortgage brokers); 

• credit reporting bodies (CRBs), such as Veda or Dunn and Bradstreet; and 

• government agencies (such as the Land Titles Office). 

So that we can better tailor information and products to your needs, when we send you email messages, we may use technology to identify you so that we can know when you have opened the email or clicked on a particular link in the email. 

When you telephone us, we may also monitor and/or record telephone calls for the purposes of staff training and to verify statements made during the phone call. 

We take reasonable steps to ensure that you are aware of: 

• the likely use of your personal information; 

• the right of access to your personal information; 

• the identity and contact details of our employee/representative collecting the information; 

• any law requiring the collection of the information; and 

• the main consequences of failing to provide any part of the information requested. 

Disclosure of personal information 

We may disclose your personal information: 

• for the primary purposes for which it was collected, such as those described above; 

• to each other (i.e. from Capify Australia Pty Limited to AUS SME Capital Pty Ltd and vice versa); 

• where you would reasonably expect us to do so; 

• to other credit providers (where we have your express written permission from you to do so and where the other credit provider has an “Australian link” as that term is used in the Privacy Law); 

• where you have consented; 

• if: 

• we have provided credit to you, or you have applied for credit; and 

• the disclosure is for the purpose of the recipient considering whether: 

• to offer to act as a guarantor in relation to the credit we have or may provide to you; or 

• to offer property as security for the credit we have or may provide to you; 

• you have an “Australian link” as that term is used in the Privacy Law; and 

• we have your express permission to do so; 

• if: 

• the disclosure is to a person who: 

• is a guarantor in relation to credit we have or may provide to you; or 

• has provided property as security for such credit; and 

• the person has an “Australian link” as that term is used in the Privacy Law; and 

• either: 

• you expressly consent to the disclosure of the information to the person; or 

• in relation to a guarantor, the information is disclosed for the purpose of enforcement or proposed enforcement, of a guarantee. 

• to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights; 

• for direct marketing by us but giving you the opportunity to opt-out of such direct marketing; we include our contact details in all direct marketing. 

We may also share your personal information with other companies within our Group. 

Where the Privacy Act permits us, we may from time to time disclose your personal information to organisations outside our group. Generally, these are organisations that help us with our business functions and operations. These organisations may include: 

• authorised representatives of our group who sell products or provide services on our behalf; 

• insurers and re-insurers; 

• payment systems operators (for example, merchants receiving credit card payments); 

• other financial institutions; 

• organisations involved in what is called securitisation arrangements, under which we sell, for instance, a pool of customers’ loans. These organisations include trustees of those arrangements, investors and their advisers; 

• debt collecting agencies; 

• our accountants, auditors or lawyers; and 

• your representative (for example lawyer, mortgage broker, financial adviser, executor, administrator, trustee or attorney). 

We strive to limit the information we give these organisations to what they need to perform their services for us or to provide products or services to you. Where it is required by the Privacy Act we will seek your consent before disclosing to these organisations, otherwise, we will only disclose your personal information to these organisations where is it reasonable in the circumstances to do so. 

Where the Privacy Act permits us to do so, we may also disclose your personal information to CRBs such as Veda or Dunn & Bradstreet, if you apply for commercial credit or request to increase in your commercial credit limit with us. 

Where we collect personal information that we are likely to disclose to a CRBs, please note: 

• the CRBs may include that information in reports provided to us to assist it to assess your creditworthiness; 

• if you fail to meet payment obligations in relation to commercial credit or commits a serious credit infringement, we may be entitled to disclose this to the CRB; 

• if you are an individual you may access information from us in accordance with this privacy policy and may access this information for the purpose of requesting us to correct the information or make a complaint to us. 

If we disclose  your personal information to CRBs, we will provide you written notice prior to that disclosure as required by law well as the details of the CRBs. 

We do not disclose your personal information for any secondary purpose unless your consent has been given or as required by law. 

We will not sell or license any personal information that we collect from you. 

Credit Reference Bureaus and your Credit Report 

When CRBs receive a search from us they will place a Directors credit search on your credit file that may be seen by other lenders and depending on the CRB could be classified as a hard search and will impact an individual’s personal credit score. 

Banking Data 

In providing this service to you we use a third-party service provider, Proviso. To provide this service Proviso uses your Banking Credentials solely for the purpose of retrieving banking data and returning it to us. By using this service you agree to the terms and conditions of the Proviso service (https://proviso.com.au/terms/) and privacy policy (https://proviso.com.au/privacy/). If you do not agree, you should not use this service. 

Cross-border disclosure 

Your personal information may also be processed by, or disclosed to employees, representatives, or other third parties operating outside of Australia who work for or are engaged by us in other countries, including the United States of America, United Kingdom of Great Britain and Northern Ireland, Canada, Ukraine and the Federal Republic of Germany. 

For example, we may use a server hosted overseas to store data, which may include your personal information, or we may enter into contracts with organisations overseas who provide services to us or who provide products or services jointly with us. 

These contracts require the organisation to: 

• meet the privacy standards we set for ourselves in protecting your personal information and comply with the Privacy Act; and 

• use the personal information only for the specific service we ask them to perform or the product/service that we ask them to provide, and for no other purpose. 

We will take reasonable steps, in the circumstances, before your personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach privacy laws in relation to your personal information (‘the reasonable steps’). 

The reasonable steps may not apply if you consent to the disclosure of your personal information to an overseas recipient and we reasonably believe that the overseas receipt is subject to laws that are suitability similar to privacy laws in Australia. 

If you consent to the disclosure of your personal information to an overseas recipient, the overseas recipient may not be accountable under the Privacy Act, and you will not be able to seek redress for breaches under the Privacy Act. 

GDRP Applicability 

Data Subject Rights 

Where applicable under the GDPR, and in addition to the rights set out above, you have the following rights regarding your personal information stored with us: 

• the right to object to your personal information being processed; 

• the right to data portability of your personal information; 

• the right to complain or query how we process your personal information; 

• the right to object to automated decision-making using your personal information; and; 

• the right to have your personal information forgotten by us. 

Data Controller and Data Processor 

You acknowledge that when using our website, you will be deemed to be the data controller in relation to any personal information that you collect and store and will be responsible for how such personal information is collected. You must ensure that you obtain consent and provide notice to any persons as required under the relevant privacy legislation in relation to the collection, storage and use of their personal information. 

When you use our website, we act as a data processor only in relation to personal information and data entered, collected and stored by you. We will only access your data in accordance with written instructions given by you, or unless required to do so by the Privacy Act or GDPR. 

Do we use personal information to market products and services to you? 

We may use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. 

We will exchange your personal information between companies within our group of companies so they can also market their products and services to you. 

We will only offer you products or services where we reasonably believe that they could be of interest or benefit to you. 

If you don’t want to receive marketing offers from us about our branded products and services, please let us know by calling 1300 760 930, or by writing to us at Level 4, 3/18 Smith St Parramatta, NSW, 2150. 

We will act promptly on your request and will also ensure any electronic marketing material sent (e.g. by e-mail, SMS, MMS or IM) includes an easy method that enables you to tell us you do not want to receive future electronic marketing material. 

Can you access your personal information? 

We acknowledge that you have a general right of access to the information we hold concerning you, and to have any corrections to be made. You can request access to your personal information by contacting us by telephone on 1300 760 930. As permitted by the Australian Privacy Principles, we may not always be able to give you access to all the personal information we have about you. For instance, we may not be able to give you access to information that: 

• would unreasonably impact the privacy of another person; 

• would reveal a commercially sensitive decision-making process; 

• relates to existing or anticipated legal proceedings; 

• we are prevented by law from providing to you or permitted at law to withhold. 

Do we keep your personal information accurate and up to date? 

We maintain the quality of your personal information by taking reasonable steps to make sure that the information collected, used and disclosed is accurate, complete and up to date. We encourage you to help us by telling us immediately if you change your contact details (such as your phone number or address). You can contact us to change your details by telephoning 1300 760 930 or alternatively, via email to [email protected] 

We will correct information we have about you if we discover, or you are able to show to a reasonable standard, the information is incorrect. If you seek correction and we disagree that the information is incorrect, we will provide you with our reasons for taking that view. 

Is your personal information secure? 

We will use up-to-date techniques and processes, which meet current industry standards, to protect your personal information from misuse, loss and unauthorised access, modification or disclosure. 

The only people who are allowed to handle or have access to your personal information are those employees of our group and those who perform services for us who need your personal information to do their jobs. All employees of our group are bound both by our Code of Conduct and by confidentiality clauses in their employment agreements to not misuse your personal information. Those who perform services on our behalf are also bound by privacy and confidentiality agreements. 

Paper documents are protected from unauthorised access or use through the various security systems that we have over our physical premises. We also maintain up-to-date computer and network security systems with appropriate firewalls, encryption technology and passwords to protect electronic copies of personal information. 

If we no longer require your personal information, we will take reasonable steps to destroy it in a secure manner or remove identifying features from it. This is subject to any legal obligations we have to keep information for a certain period of time. 

What do we do if there is a data breach? 

In the event of a data breach, such as the unauthorised loss, use or disclosure of personal information, we will assess and respond in line with our applicable policies and procedures, which incorporate the requirements contained in the Privacy Act. Pursuant to our obligations under the Privacy Act, we will notify you where your personal information is involved in an eligible data breach that is likely to result in serious harm. Such notification will also include making recommendations about the steps you should take in response to the breach. Where required by law, the Office of the Australian Information Commissioner will also be notified of the eligible data breach. 

Dealing with unsolicited information 

We will take all reasonable steps to ensure that all unsolicited information is destroyed or de-identified immediately. 

Using our Website 

As with most websites, when you visit our website or use an application on our website, we may record anonymous information such as IP address, time, date, referring URL, pages accessed, and documents downloaded type of browser and operating system. 

We also use “cookies”. See below for more information about cookies. 

Our website may contain links to or from other websites. We are not responsible for the privacy practices of other websites. This privacy policy applies only to the information we collect on our website. We encourage you to read the privacy policies of other websites you link to from our website. 

What if we don’t comply? 

Although we are committed to dealing with your personal information as set out in this document, mistakes could sometimes happen. Fixing these mistakes and ensuring we deliver on our policy is very important to us. 

We’ve put in place a way of dealing with issues you might raise quickly and fairly. Please talk to us first. 

If you have reason to believe that we have not complied with our obligations relating to your personal information or your credit-related information under the Privacy Act, please refer any complaints or queries to our Privacy Officer (details below). 

We will ensure your complaint is handled by our Privacy Officer in an appropriate and reasonable manner. Where necessary we may consult with a credit reporting body or another credit provider in order to deal with your complaint. 

We aim to resolve your complaints at your first point of contact with us. So please raise your complaints with anyone handling your business. You can contact us anywhere in Australia, by contacting our Privacy Officer. If our Privacy Officer is unable to resolve your complaint, please contact our Internal Dispute Resolution Manager: 

• Telephone: 1300 760 930 

• Email: [email protected]  

• Mail: Level 4, 3/18 Smith St Parramatta, NSW, 2150. 

We aim to resolve all privacy complaints and disputes within 30 days of receiving your complaint. 

If you’re not satisfied with the outcome, then you may contact the Office of the Australian Information Commissioner: 

• Website: www.oaic.gov.au 

• Phone: 1300 363 992 

How to contact us regarding privacy matters 

Please contact us as set out below if you wish to find out what personal information we hold about you, to ask us to update the information or make corrections to it (if necessary) and if you have any concerns or complaints about our use of personal information or other privacy issues. 

Please feel free to contact our Privacy Officer. 

• Telephone: 1300 760 930 

• Email: [email protected] 

• Mail: Level 4, 3/18 Smith St Parramatta, NSW, 2150. 

Use of Secure Firewalls and Cookies 

We use secure firewalls to prevent unauthorized access to our internal systems. We have Internet firewalls designed to securely separate the Internet from our internal computer systems and databases. Data coming from customer computers via the Internet flows through a series of safety checkpoints on its way to our internal systems so that only authorized messages and transactions enter our computer systems. 

We use cookies as an additional security feature for customers. A “cookie” is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. There are two common types of cookies that we use, “session cookies” and “persistent cookies”. 

Session cookies store information only for the length of time that you are connected to a website – they are not written onto your hard drive. Once you leave the website, the originator of the cookie no longer has the information that was contained on it. For example, when you log in to our website and are authenticated through your login id and password, a cookie will store the identification number of your browser. Throughout your session, the session cookie acts as a type of digital signature to identify your current session to the Web Server. 

The information stored in “persistent cookies” is written onto your hard drive and remains there until the expiry date of the cookie, we use persistent cookies to store non-sensitive information that you are aware of and have agreed to. For example, if you choose the option on our login screen to remember your ID, the system will remember and automatically input your log-in id each time you use the service to improve the ease of use of this site. 

Why do we use cookies? 

We use cookies to learn how you interact with our content and to improve your experience when visiting our website(s). For example, some cookies remember your language or preferences so that you do not have to repeatedly make these choices when you visit one of our websites. Cookies allow us to serve you specific content, such as special offers or promotions we are currently running. We may employ the learnings of your behaviour on our website(s) to serve you with targeted advertisements on third-party website(s) in an effort to “re-market” our products and services to you. 

Cookies and related technologies are useful in many ways: 

• provide us with information on how our site is being used, 

• help us to tailor marketing message to your interests, both on and off our sites, 

• let you navigate between pages more quickly and securely, 

• help detect and defend against fraud, 

• recognise you when you return to websites and remember your preferences, 

• assist us with product and service research, development and business strategy, and 

• Generally, improve your browsing experience. 

How do I reject and delete cookies? 

You can choose to reject or block all or specific types of cookies set by virtue of your visit our website by clicking on the cookie preferences on our website(s). You can change your preferences for our website and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block these cookies. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device. 

What if I don’t want to be tracked online? 

By changing your browser settings, you can control how cookies are used on your computer or device. Usually, you can do this by opening the menu in the browser, and choose settings, options or privacy (it depends on which browser you’re using). From there, you can tailor how your device stores cookies. Options may include deleting all or some cookies, not accepting any cookies or being notified when cookies are being used. For example, if you are using Google Chrome browser, you can choose to browse “incognito” which will only allow session-based cookies. 

You can delete existing cookies on your device and block new cookies if you don’t want your online activity to be tracked and remembered. 

Changes to this Privacy Policy 

We have the discretion to occasionally update this privacy policy. When we do, we will also revise the “updated” date of this privacy policy, below.  Changes will have a prospective effect only.  We encourage you to periodically review this privacy policy to stay informed about how we are helping to protect the personal information we collect. Your continued use of our services constitutes your agreement to this privacy policy and any updates. 

Effective date: May 31, 2024