Privacy Policy

Our commitment to protect your privacy

OptiPay Pty. Ltd. ACN 618 695 604 and its related businesses (collectively known as ‘OptiPay’, and also referred to in this Policy as ‘us’, ‘we’ and ‘our’), seeks to provide the best possible service to its clients by providing access to competitive bid discount rates for invoice debtor finance and business cash flow finance.

We understand how important it is to protect your personal information. This document sets out our Privacy Policy commitment in respect of personal information that you may provide to us.

We recognise that any personal information we collect about you will only be used for the purposes indicated in our policy, where we have your consent to do so, or as otherwise required by or authorised by law. It is important to us that you are confident that any personal information we collect from you or is received by us will be treated with appropriate respect ensuring protection of your personal information.

Our commitment in respect of personal information is to abide by the Privacy Act 1988 (including the Australian Privacy Principles) and any other relevant law.

Personal information

When we refer to personal information we mean information or an opinion about you, from which you are, or may be reasonably identified.

The information may include your name, date of birth, driver’s licence number, marital status, number and age of your dependants, phone number, email address, address, nationality, and employment history. The personal information we collect about you may include credit information. Credit information is information about you that has a bearing on credit that has been provided to you or that you have applied for. This includes credit for personal, domestic or household purposes and credit in connection with a business. It can also cover information about you as a guarantor of a loan or as an insured party under a credit related insurance policy.

Due to the nature of services provided by us, we will not collect sensitive information (ie details about your health, race or ethnic background, religion, trade union membership, political opinion, sexual preference or criminal record).

Why we collect your personal information

We collect and receive personal information about you in order to conduct our business and to provide our services.

How do we collect your personal information?

Personal information about you may be collected in a number of circumstances, including when you:

Where reasonable and practical we will collect your personal and company information directly from you. However, we will also collect information about you from third parties, such as via credit searches, and searches of directorships and shareholdings, or from other organisations authorised by you.

If you do not provide the information requested by us, we may not be able to provide you with our services.

If you provide personal information to us about someone else (such as a business partner), you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required by privacy laws, we may collect, use and disclose such information for the purposes described in this Privacy Policy. For example, you should take reasonable steps to ensure the individual concerned is aware of the various matters detailed in this Privacy Policy. The individual must also provide the consents set out in this Privacy Policy in respect of how we will deal with their personal information.

We may also collect credit-related personal information about you as a result of credit checks that we carry out.

The kinds of credit-related personal information we may collect about you includes:

How do we use your personal information?

We use your personal information for the purpose for which it has been provided, for reasonably related secondary purposes, any other purpose you have consented to and any other purpose permitted under the Privacy Act. This may include using your personal information for the following purposes:
In particular, when assessing an application, we may use your credit-related personal information for the purpose of assessing the application or assessing the request.

To whom will we disclose your personal information?

To enable us to maintain a successful business relationship with you, we may disclose your personal information with other organisations that provide products or services used or marketed by us. The types of organisations to which we are likely to disclose information about you include other financial intermediaries and our business partners (as approved by you); it may extend to Credit Search organisations, ASIC, lenders, valuers, accountants, credit reporting agencies, credit insurers and lawyers. We may also disclose your personal information to any other organisation that may have or is considering having an interest in invoice and debtor ledgers, or in our business.

By providing us with your personal information, you consent to us disclosing your information to such entities without obtaining your consent on a case by case basis.

Sometimes we are required or authorised by law to disclose your personal information. Circumstances in which we may disclose your personal information would be to a Court, Tribunal or law enforcement agency in response to a request or in response to a subpoena or to the Australian Taxation Office.

Some of our third party service providers, including our information technology service providers are located in countries outside of Australia. For example we may use cloud storage to store the personal information we hold about you. Although our contracts with these parties generally include an obligation for them to comply with Australian privacy law and our Privacy Policy, some of these countries do not have laws that provide the same level of protection as the laws of Australia.

Notifiable matters

We may provide your credit information to a credit reporting body. The credit reporting body may provide the information that we report about you to other credit providers to assist them to assess your credit worthiness. We may also obtain information that other credit providers have provided to the credit reporting body to use in our assessments of your credit-worthiness.

If you fail to meet your payment obligations in relation to any transaction related to us, or if you commit a serious credit infringement, we may report this to the credit reporting body.

You may access the credit information that we hold about you. Please refer to the section titled ‘Accessing your Personal Information’ below. You may also request that we correct any credit information that we hold about you if you believe the information is incorrect. Please refer to the section titled ‘Updating your Personal Information’ below.

The information that we provide to a credit reporting body may sometimes be used for ‘pre-screening’ of direct marketing offers to be made by another credit provider. You may contact the credit reporting body to request that your credit information is not used in this way.

You may also contact the credit reporting body to request that they not use or disclose the credit-reporting information they hold about you if you consider that you may have been a victim of fraud or if you believe on reasonable grounds that the information they hold about you is incorrect. The credit reporting body must not use or disclose your credit information for a period of 21 days after receiving your notice.

For further information, contact the following credit reporting bodies at:

Direct marketing

From time to time we may use your personal information to provide you with current information about special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any business we are associated with. By providing us with your personal information, you consent to us using your information to contact you on an ongoing basis for this purpose, including by mail, email, SMS, social media, telephone and via our online platform.

If you do not wish to receive marketing information, you may at any time decline to receive such information by contacting our offices by contacting us on the contact details below. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.

Updating your personal information

It is important to our relationship that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we will ask you to inform us if any of your personal information has changed.

If you consider that the information we hold about you (including your credit information) is incorrect, and you wish to make changes to the personal information we hold about you, you may contact us to have it updated. We will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.

Access to your personal information

We will provide you with access to the personal information we hold about you, subject to limited exceptions in the Privacy Act as outlined below. You may request access to any of the personal information we hold about you, including credit-related personal information, at any time.

To access personal information that we hold about you, use the contact details specified below. We may charge a fee for our costs in retrieving and supplying the information to you.

Denied access to personal information

There may be situations where we are not required to provide you with access to your personal information. For example, such a situation would be information relating to an existing or anticipated legal proceeding with you, or if your request is vexatious.

An explanation will be provided to you, if we deny you access to your personal information we hold.

Business without identifying you

In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us, without providing us with personal information.

How safe and secure is your personal information that we hold?

We will take reasonable steps to protect your personal information by storing it in a secure environment, and when the information is no longer needed for any purpose for which the information may be used or disclosed, it will be destroyed or permanently de-identified.

We will also take reasonable steps to protect any personal information from misuse, loss and unauthorised access, modification or disclosure.

Further information and complaints

You may request further information about the way we manage your personal information or lodge a complaint by contacting our Privacy Officer on the contact details below.

We will deal with the complaint by investigating the complaint, and providing a response to the complainant within 15 business days, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will seek to agree alternative time frames with you.

Contact details

You can contact us by telephoning us on 1300 694 686, by writing to us at:

Suite 603, Level 6, 23 Hunter St
Sydney NSW 2000

or by emailing us at [email protected].

Alternative forms of our privacy policy

If you would prefer to receive a copy of our Privacy Policy, including the ‘Notifiable Matters’ in an alternative form (such as in hard copy or via email) please contact us on the phone number or email address provided under the section titled ‘Contact Details’ above. We will be pleased to comply with your request.

Change in our privacy policy

We are constantly reviewing all of our policies and attempt to keep up to date with market expectations. Technology is constantly changing, as is the law and marketplace practices.

As a consequence we may change this Privacy Policy from time to time or as the need arises.

Office of the Australian Information Commissioner

If you wish to make contact with the Office of the Australian Information Commissioner (the OAIC), you may do so via email to [email protected], phone 1300 363 992 or visit their website www.oaic.gov.au.

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