Elders has adopted this Policy to ensure that it collects, holds, uses and discloses personal information, credit information, credit eligibility information, credit reporting information and CRB derived information in accordance with the APPs and Act.
Elders will maintain and regularly review this Policy and intends to comply with the APPs and the Act.
This Policy will be made available on Elders website (but may be requested in other forms). You may also request a printed copy from a branch, which will be provided free of charge and within a reasonable timeframe.
It is the objective of this Policy to detail how Elders intends to abide by its obligations under the Act.
This policy applies to all of Elders.
Access Seeker has the same meaning as in the Act.
Act means the Privacy Act 1988 (Cth).
APPs means Australian Privacy Principles set out in Schedule 1 of the Act.
CRB derived information has the same meaning as in the Act.
Credit has the same meaning as in the Act.
Credit eligibility information has the same meaning as in the Act.
Credit information has the same meaning as in the Act.
Credit reporting information has the same meaning as in the Act.
Elders means Elders Limited (ACN 004 336 636) and its related bodies corporate as defined by the Corporations Act 2001 (Cth). This includes, among others, Elders Rural Services Australia Limited (ACN 004 045 121) and YP Agricultural Services Pty Ltd (ACN 073 496 625). This Policy does not extend to any related bodies corporate who have a separate policy dealing with privacy.
Government related identifier has the same meaning as in the Act.
Joint Ventures and Services Partners means entities for whom Elders distributes products or services to clients on an exclusive or preferential basis as part of its general service offering and to whom Elders is required to provide Personal Information in order for them to manage those products or services for you. Such entities include Bendigo and Adelaide Bank Limited trading as Rural Bank (ACN 11 068 049 178), QBE Insurance (Australia) Limited (ACN 003 191 035), Elders Insurance (Underwriting Agency) Pty Limited (ACN 138 879 026), Stockco AgriCapital Pty Limited (ABN 33 604 825 747) and Clear Grain Pty Ltd (ACN 615 342 026).
Personal information has the same meaning as in the Act.
Sensitive information has the same meaning as in the Act.
Service Provider means any third party that Elders engage (or enter negotiations with a view to engaging) to provide services to support the Elders business.
PART 1 – CONSIDERATION OF PERSONAL INFORMATION PRIVACY
Open and transparent management of information
Elders collects personal information which is reasonably necessary to:
- consider account and credit applications;
- maintain your account and contact details;
- process transactions to which you are a party;
- advertise, promote and provide you with products or services distributed by Elders;
- improve website and web services.*
*When you visit the Elders website, our internet Service Provider records the following information: your IP address; the date, time and duration of your visit; the number of pages you have downloaded; and the type of browser you use. Google analytics demographic and interest reporting may be used to develop specific offers or advertising from time to time.
Elders may ask for personal, business and contact details along with financial information (including details of assets and liabilities). Elders may also ask you for your bank account details. Elders will generally do this by asking you to complete an application form. Elders may also ask you for this or similar information personally.
If you make an application for commercial credit with Elders, we will also collect certain kinds of credit information, credit reporting information and credit eligibility information from you, which may include (but is not limited to):
- information to identify you (such as your name, date of birth, email or postal address);
- the fact that you have applied for credit and the amount;
- the fact that Elders is a credit provider to you;
- information arising from your commercial credit dealings with us.
Such information will only be collected by lawful and fair means. Information collected will be held either in hard copy or electronically.
To enable Elders to assess an application for credit, or provide you with information about our products and services, Elders may (where it is lawful to do so) disclose your information to credit reporting agencies and other third parties such as mailing houses, electronic network administrators or other companies that are part of Elders. The information Elders may disclose for credit reporting purposes includes:
- the fact that you have applied for credit and the amount;
- the fact that Elders is a credit provider to you;
- payments which become overdue and for which debt collection action has commenced.
Elders may also use your personal information provided to obtain credit eligibility information from third parties, such as a credit report:
- obtained from a credit reporting agency containing personal information about you;
- containing information about your commercial activities, credit activities or creditworthiness from a credit reporting agency which provides information about the commercial creditworthiness of a person.
By undertaking a credit assessment, Elders is likely to receive credit eligibility information or CRB derived information about you from credit reporting bodies. This information could include repayment history, the type and amount of credit sought, default/payment information and whether you are, or have been, subject to court proceedings or personal insolvency.
Anonymity and pseudonymity
Elders will allow its customers to transact with it anonymously or by using a pseudonym, wherever that is reasonable and practicable.
However, this will not be possible if Elders is required or authorised by Australian law or other instrument (such as an order of a court or tribunal) to deal with customers who have been appropriately identified or where it is impracticable for Elders to deal with individuals who have not identified themselves or who would prefer to use a pseudonym. Examples of this impracticality include:
- when you transact using your Elders account;
- when you buy prescribed products and the law requires Elders to maintain a register of purchasers; and
- where you are contracting with a third party (for example, when you enter a contract to sell livestock or real estate).
PART 2 – COLLECTION OF PERSONAL INFORMATION
Collection of solicited information
Elders will only collect personal information and credit information from you if it is reasonably necessary to provide goods or services to you (including on credit) or undertake ancillary functions for you. Elders will only collect information for the purposes for which Elders advised you it was collecting it for, or a related purpose which would reasonably be expected, or otherwise with your permission. For example, Elders may from time to time use your personal information to provide information about products, services, promotions and campaigns which it expects may be of interest to you. Generally, Elders collect personal information through account opening/application forms, contracts to which you are a party, and other forms completed by you when dealing with Elders (including when participating in a promotion or competition). Elders will also collect credit information this way, and from your dealings with us. Elders may also collect credit eligibility information, credit reporting information and CRB derived information from credit reporting agencies (as detailed above).
Elders may also collect your information to do one or more of the following:
- assess an application for credit;
- open a credit account for you;
- maintain your account;
- process transactions on your behalf;
- notify you of any products or services distributed by Elders that may be of interest to you (including products or services offered by Joint Ventures and Service Partners);
- register any security interest Elders may have in connection with your credit account on the Personal Property Securities Register or another security register;
- enable Elders to meet its obligations under certain laws or pursuant to court documents (subpoenas or orders) that are served on Elders;
- any purpose for which the information was requested and any directly related purpose; or
- developing, improving and marketing products and services.
Elders collects and uses your credit eligibility information, credit reporting information and CRB derived information for commercial credit related purposes only. Any disclosure (if any) will only occur by lawful means.
Elders will generally not be required to collect sensitive information about you. Elders will only do so if it is considered reasonably necessary for Elders to collect such information for Elders to perform its functions or activities and you consent, or another circumstance is provided for that enables that to occur (such as collection is required or authorised under an Australian law or by order of a court/tribunal).
Dealing with unsolicited personal information
If Elders receives personal information about you from a source other than you, or it is information provided by you which Elders did not request, Elders will to determine, within a reasonable period, if it could have collected such personal information under APP 3. If Elders determine that it could have collected the information under APP 3, Elders may then use, and treat, that information as if it had collected the information in that manner. If Elders determines that it could not have collected the information under APP 3 and so long as it is lawful and reasonable to do so, it will destroy or de-identify that information as soon as practicable.
Notification of the collection of information
When Elders is collecting personal information and credit information about you, Elders will take reasonable steps to notify you, either at or before the time of, or as soon as reasonably practicable after, collection why Elders is collecting such information (which may have already been outlined in a contract with you). This is particularly relevant if Elders collect information about you from someone other than yourself. For example, Elders may receive personal information about you from a credit reporting agency.
Elders will also take steps that are reasonable in the circumstances to, among other things, make it clear to you if it is required to collect such information by reason of an Australian law or some other legal instrument (such as a court or tribunal order), why it is collecting such information and the potential consequences for you if such information is not collected.
PART 3 – DEALING WITH PERSONAL INFORMATION
Use or disclosure of information
Elders collects personal information from you for a specific reason as described in APP 3. This is referred to as the primary purpose. Elders will not use or disclose the collected information for a secondary purpose unless you consent to Elders doing so, or under the circumstances involved, Elders believe you would reasonably expect Elders to use or disclose the information for a secondary purpose related to the primary purpose.
In the event that Elders hold sensitive information about you, Elders will only use or disclose that information with your consent or if the use or disclosure is otherwise permitted under the APPs or the Act, such as where the use or disclosure is directly related to the primary purpose and within your reasonable expectations.
Elders may also disclose your personal information or sensitive information if it is required to do so by an Australian law, by order of a court or tribunal or if Elders reasonably believes that the use or disclosure of the information is reasonably necessary for an enforcement related activity, by or on behalf of an enforcement body, in which case Elders will make a written note of the use or disclosure. A disclosure may also be made where a permitted general situation or permitted health situation exists as provided for in the APPs.
Elders uses Service Providers to provide services to support Elders’ business. These Service Providers may perform services or assist to provide services to you, by handling your personal information on Elders behalf or by using their own affiliates to provide these services. For example, Elders engages Service Providers to provide IT services, cloud storage, workforce management software services, vehicle fleet management services and website analytics services. Elders’ Service Providers may need to access your personal information in connection with providing these services. The Service Providers may be based in Australia or in countries overseas, including in India, Canada and Ireland.
Elders only discloses your personal information to Service Providers in accordance with this Policy and the Act. Elders does not authorise use or disclosure of your personal information for any other purposes other than in connection to the provision of the services provided to us.
Elders will only use personal information collected for the purpose of direct marketing where Elders:
- collected the information;
- believes you would reasonably expect Elders to use or disclose the information for direct marketing; and
- provide an option for you to request that Elders do not use the information for direct marketing – and you have not taken up this option.
If Elders collected the information involved from you and you would not reasonably expect Elders to use or disclose the information for the purpose of direct marketing, or collect the information from someone other than you, Elders will only use or disclose the information with your consent or where it is impracticable to obtain your consent. Either way, a simple means will be provided to you by which you may request not to receive direct marketing communications from Elders.
When Elders uses or discloses any personal information collected for direct marketing purposes, those materials will provide you with an option to declare you do not wish to receive such material in the future. If requested, Elders will provide you with the source of any information used or disclosed for direct marketing purposes, whether that direct marketing be by Elders or another organisation. Elders will also provide you with the opportunity to request that it, or the other organisation, does not send direct marketing information to you. Elders will not charge for that request and will action it in a reasonable time frame. You may also request that Elders not use or disclose information to facilitate direct marketing by other organisations.
Cross-border disclosure of information
The Service Providers used to support the Elders business (including to handle personal information on Elders behalf where required or for complimentary software to support business functions) may be based in Australia or in countries overseas, including in India, Canada and Ireland. Where possible, Elders will take reasonable steps in the circumstances to ensure overseas recipients comply with the Act, or any corresponding law in the relevant jurisdiction, when handling information and have precautionary measures in place to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes credit eligibility information received.
Elders will only transfer personal information about an individual to someone (other than a member of Elders or the individual) who is in a foreign country if Elders reasonably believe that the recipient of the information is subject to a law or binding scheme substantially similar to the way in which the APPs protect the information and there are mechanisms that can be used to take action or enforce those laws or binding scheme. Elders may also transfer personal information cross-border if you specifically consent to Elders doing so, or Elders are required to do so under Australian law or an order of a court or tribunal, a permitted general situation exists, or Elders are required or authorised by or under an international agreement relating to information sharing to do so. Otherwise, Elders will take reasonable steps under the circumstances to ensure that the overseas recipient does not breach the APPs in relation to the information.
Adoption, use or disclosure of government related identifiers
Generally, Elders does not use government related identifiers. Elders will not use or disclose a government related identifier unless the use or disclosure of the identifier is:
- reasonably necessary for Elders to be able to verify your identity for the purposes of Elders activities or functions; or
- reasonably necessary for Elders to fulfil any obligations it may have to a government agency or a State or Territory authority; or
- required or authorised by or under an Australian law or order of a court or tribunal; or
- where a permitted general situation exists in relation to the use or disclosure of the identifier.
Elders may use or disclose such an identifier if it is reasonably necessary for an enforcement related activity by, or on behalf of, an enforcement body. Elders may also use or disclose a government related identifier related to you if that is prescribed for by regulation.
PART 4 – INTEGRITY OF PERSONAL INFORMATION
Quality of information
Elders will take steps as are reasonable in the circumstances to ensure that the information it collects from you is accurate, up-to-date and complete. Where information is collected from you directly, Elders rely on you to supply accurate information and it may not consider that further steps are required. Elders will also ensure that steps as are reasonable in the circumstances to ensure that the information it collects, uses or discloses are, when considered in relation to the purpose for which Elders are using or disclosing the information, accurate, up-to-date, complete and relevant.
Security of information
Elders will take all steps reasonable under the circumstances to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure. If Elders no longer require the holding of information, it will take all reasonable steps under the circumstances to destroy or de-identify the information. However, Elders may retain documents that contain information in accordance with document retention practices and requirements under Australian law or any order of a court/tribunal. For example, Elders may retain copies of contracts to which you are a party, even though the contracts may contain personal information about you. Similarly, personal information provided for the purposes of establishing or varying the terms of a trading account will be retained on file for document retention purposes.
Elders, as a large Australian business, operates through several different entities and has relationships with various suppliers of goods, software and the like. This includes some Service Providers who may be offshore such as those providing cloud storage or IT servers. Elders will take reasonable steps with respect to information to ensure that any information collected, held, used and disclosed will comply with the Act and any corresponding law where information is collected, held, used or disclosed offshore.
PART 5 – ACCESS TO, AND CORRECTION OF, INFORMATION
Access to information
You can request access to the personal information that Elders holds about you by contacting the Elders Privacy Officer whose details are set out below. Elders may need to verify your identity to provide you with access and consider whether any exceptions to access apply.
In relation to requests to access information, Elders will generally provide you with access to your information on request, unless:
- giving access would be unlawful; or
- denying access is required or authorised by or under an Australian law or a court/tribunal order; or
- giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Where Elders provides you with access to your personal information it will do so within a reasonable time after receiving your request and in the manner requested by you (if it is reasonable and practicable for Elders to do so). Elders may charge a reasonable fee for giving access to the information.
With credit eligibility information, access will be provided to you or an Access Seeker as required unless to do so would be unlawful, contrary to Australian law or a court/tribunal order or where giving access would likely prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body. Any request will be responded to within a reasonable period (usually within 30 days) after the request is made. A reasonable fee will be charged for access in these circumstances.
Elders may refuse an application for credit. If it does, and the refusal is based wholly or partly on credit eligibility information from a credit reporting body, Elders will provide you with a written notice within a reasonable period providing details for the refusal.
If Elders determines not to release information to you, it will provide you with written notice setting out the reasons for refusal and your review options.
Correction of information
If Elders determines that information held is inaccurate, out-of-date, incomplete, irrelevant or misleading, or you request Elders to correct the information (or any CRB derived information), it will take all such steps as are reasonable in the circumstances to correct the information held, after considering the reason why Elders hold the information, and to make sure it is accurate, up to date, complete, relevant and not misleading. If Elders had disclosed the original information to a third party or you request Elders to advise another party, Elders will take all reasonable steps to update that other party unless it is impracticable or unlawful to do so. Unless required not to by law or it is impracticable to do so, Elders will provide you with written notice within a reasonable period as to any correction made to information.
If Elders refuse to correct the information held, Elders will provide you with written notice as to the reasons for refusal, how you can complain about Elders refusal and any other matter Elders may be required to advise you about in the circumstances. If Elders have refused to correct information held, you may request Elders associate a statement from you, with the information held, that you believe that the information held is inaccurate, out-of-date, incomplete, irrelevant or misleading. If such circumstance arises, Elders will take all reasonable steps under the circumstances to associate any such statement.
If Elders receives a request from you to correct information held by us, Elders will respond to that request within a reasonable period after receiving the request. Elders will not charge for your request, the correction of information or associating a statement
Statement of Notifiable Matters
If you are an individual borrower entering into a credit agreement with Elders, this Policy is to be read in conjunction with the Elders Statement of Notifiable Matters available on our website.
Privacy - Enquiries, Requests, Complaints, Breaches
Enquiries regarding this Policy or the information Elders may hold on you, should be addressed to the Privacy Officer, whose contact details are below.
If you have any enquiries, requests, complaints or breaches to report about the collection, holding or management of your information, please contact the Privacy Officer via the contact details set out below so that Elders may attempt to resolve the issue with you quickly and directly.
Elders Privacy Officer Contact Details
Phone: 1300 555 927
Mail: The Privacy Officer, Elders, GPO Box 551, Adelaide, SA, 5001
If Elders are unable to resolve the matter to your satisfaction, you may wish to contact the Office of the Australian Information Commissioner via:
Mail: Box 5218, Sydney NSW, 2001
Phone: 1300 363 992