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Privacy Policy

Privacy Policy

Introduction

This is the Privacy Policy of XUPER AUSTRALIA PTY LTD (ACN 697 453 197)(Here after as, Xuper Funding). Xuper Funding is committed to ensuring the privacy of your personal information and is bound by: 

  • the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (AU Privacy Act); and 
  • the New Zealand Privacy Principles contained in the Privacy Act 2020 (NZ) (NZ Privacy Act), (each the Privacy Act) 

Our handling of personal credit information is also subject to the applicable Privacy Act and the Privacy (Credit Reporting) Code 2014 (Cth) and/or Credit Reporting Privacy Code 2020 (NZ). 

This Privacy Policy is relevant to your dealings with Xuper Funding and to your use of the Xuper Funding website at https://xpfunding.com.au/. The Privacy Policy sets out how we manage your personal information and, if applicable, your personal credit information. The Website is owned and operated by XUPER AUSTRALIA PTY LTD, and is used by Xuper Funding to facilitate the provision of our business financing products and related services. 

If individuals have any specific needs or require this notice in an alternative format,or if you need assistance due to any special circumstances, please contact us. 

In this Privacy Policy, a reference to “we” or “us” is a reference to Xuper Funding. 

This Privacy Policy details how we collect, handle and deal with personal information (including credit information) that we collect about individuals. In this Privacy Policy, “personal information” has the meaning defined in the applicable Privacy Act, and includes any information about an identifiable individual.

If you have any questions relating to this Privacy Policy, you may contact our Privacy Officer in the manner described below, under the heading “Access and correction”. 

Collection of personal information 

The personal information that we collect about an individual will usually depend upon the products or services that are being provided, or that may be provided. That product or service may be provided to you or to another person connected to you. 

The information we may collect about you , where you are an individual, may include some or all of the following: 

  • your name; 
  • your address; 
  • your date of birth; 
  • your telephone number; 
  • your marital status; 
  • your nationality; 
  • your business name; 
  • your e-mail address; 
  • your tax numbers; 
  • your unique identifiers, such as user name, password and IP address;
  • copies of, or information from, personal identification documents such as passport and drivers licence numbers; 
  • information required for identity verification purposes; 
  • your bank account information; 
  • details about your financial situation, which may include information about your income, assets, expenses and any debts you may have (including by the collection of bank statements, credit report information and payments history); 
  • details of any securities you have given to us or another person; 
  • information about your business, including its size and business type; and
  •  details of specified transactions with which you are involved.

We may also process consumer credit-related personal information about a customer to develop a credit rating or score, which assists us in our assessment of a customer’s credit worthiness. 

From time to time, we may reach out to you to request additional or updated information, for example, where you wish to take out a new financing or to vary an existing financing, or where we otherwise need such information to better allow us to provide our products and services. 

While providing information is optional, if you choose not to provide certain information, we may be unable to perform the relevant services or may otherwise be limited in relation to the products or services we are able to provide to you. 

We collect personal information for the purposes set out in clause 5 (Use and disclosure of personal information). 

Anti-Money Laundering and Counter-Terrorism Financing 

Before Xuper Funding provides a product or service to you, or to a person connected with you, we may (where you are an individual) be required to collect your personal information. We may be required to do this in order for Xuper Funding to comply with our customer identification obligations under: 

  • the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act); and 
  • the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ) (NZ AML/CTF Act). 

(each, the AML Act) 

The personal information we collect for this purpose typically includes identification information, such as name, residential address and date of birth. In some cases, we may need to collect information about the political activities and opinions of individuals to determine whether they are politically exposed persons for the purposes of the AML/CTF Act. If we ask for this information, and you provide it to us, we will infer your consent to use and disclose the information for this purpose. 

In certain circumstances, we may need to clarify and/or update the personal information we previously collected for identity verification purposes, and/or collect further information, including financial information about individuals. Where this is necessary, we will collect the information directly from you and/or from third party sources. 

As a part of our verification processes under the applicable AML Act we may need to take copies of your personal identification documents in order to verify your identity in accordance with the requirements of that Act. 

We may also disclose your full name, residential address and date of birth to a credit reporting body for the purpose of providing an assessment of whether this identification information matches (wholly or in partly) personal information held by the credit reporting body. The credit reporting body may compare your details with personal information held by the body (being the names, residential address and dates of birth of other individuals) for the purposes of making this assessment. 

The information you provide may also be sent to the DVS Hub, the Document Verification Service administered by the Attorney-General’s Department, and matched against official records held by the government agency responsible for issuing the identity document. The DVS Hub will advise us of whether the information you provide matches official records. 

For more information on how the Attorney-General’s Department may handle your personal information, see the Attorney-General’s Department’s ‘Privacy Statement –Identity Verification Services’ at: https://www.idmatch.gov.au/resources/privacy-statement-identity-verification-service s

You have the right to: 

  • let us know by email at info@xpfunding.com if you do not want us to disclose your personal information to a credit reporting body or the DVS Hub for this purpose; and 
  • opt for an alternative means of verifying your identity for the purposes of the AML Act. 

If you do not consent to us providing your personal information to a credit reporting body or the DVS Hub, or to use an alternative method of verifying your identity, we may not be able to provide you with certain products or services.

How we collect personal information 

The personal information that we collect from you may be collected through various means including: 

  • from an application form completed by you or by a person connected to you; 
  • from information provide to us by you or by person seeking finance from Xuper Funding (including through the Website); 
  • from information you otherwise provide to us, or our agents; 
  • from information and referrals provided by our business partners;
  •  from conducting site visits to obtain information; 
  • from external data providers used by lenders, for example, credit reporting agencies or other credit providers, as well as other vendors and social media; 
  • by our accessing public databases, such as those maintained by the Australian Securities and Investment Commission; 
  • by us seeking verification information in relation to your identity from a third party, such as Equifax Australia Information Services and Solutions Pty Limited; 
  • by our obtaining other information from third party commercial and business information providers; 
  • by email request to you; and/or 
  • by telephone contact with you. 

We will normally collect your personal information directly from you, unless it is unreasonable or impractical to do so. For certain types of information about you held by third parties (such as information about you held by a credit reporting agency) we may collect this information from the relevant third party. We may collect information from you electronically from our Website. This information collected through our Website may include internet protocol addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. 

If you provide Xuper Funding with personal information about someone else you must make sure that you are authorised to disclose that information to Xuper Funding and that, without Xuper Funding taking any further steps required by applicable data protection or privacy laws, we may collect, use, store and disclose such information for the purposes described in this Privacy Policy. You must take reasonable steps to ensure the individual concerned is aware of and/or consents to the various matters detailed in this Privacy Policy, including the fact that their personal information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. 

We will not collect sensitive information about you without your consent except where we are authorised or required to do so by law. Sensitive information includes information about your race, political or religious beliefs, sexual preferences, criminal convictions, membership of professional or trade associations or unions or health information. 

Data sharing with our business partners 

We may share personal information (including credit-related personal information) and business-related information with our business partners with whom you have an existing business relationship. Our business partners refer your details to us for the purpose of inviting you to apply for business financing. If you apply for  financing, we will disclose certain personal information (including credit-related personal information) and business-related information to the relevant business partner. The information we disclose to the business partner is collected by us in the course of the application process, and in servicing your financing. 

Our business partners use this information for the purposes of internal reporting, assessing and improving the customer experience, and for marketing and promotional activities. 

The types of information we typically share with the relevant business include the following: 

  • the name of your business and contact details; 
  • whether we approved or declined your financing, the financing amount and term; 
  • your assets reported, liabilities, and turnover; and 
  • details about failed or late payments, and arrears. 

For further information about the information we share with our business partners, please contact us using the contact details on our website. 

How we hold personal information 

We take reasonable steps to ensure that the personal information we collect is protected from loss, misuse and interference, and from unauthorised access, modification or disclosure. We use a range of physical and electronic security measures, such as access

restrictions, to secure the personal information we hold. We also train our employees to keep our customers’ personal information confidential. 

We will retain your personal information for as long as is necessary for the purpose for which it was collected or for a longer period where we are required or authorised to retain the information under an applicable law. 

Overseas disclosures 

Australian Data 

  • We may disclose your personal information to our business partners, service providers and subsidiaries and affiliates who are located overseas and/or do not carry on business in Australia in order to assist us in delivering our products and services to you, such as providing customer service, processing credit checks or securing data storage and other similar services. 
  • Where we do so, we will do so in compliance with applicable laws. It is likely that such disclosures will be made to persons in countries including the United States of America. 

New Zealand Data 

  • We will store your personal information in locations to which Xuper Funding has access or control. 
  • You consent your personal information being transferred from one country to the other (including via any intermediate country) as a function of transmission across the Internet. You acknowledge that some of the third-party storage providers, which provide services to Xuper Funding under contract are based in other countries that may not have equivalent privacy and data protection laws to New Zealand. 

Credit reporting – Notifiable matters 

While we do not provide our customers with consumer credit, we may use a customer’s consumer credit information to assist us in assessing an application for commercial

credit, or an application to act as guarantor in relation to such credit. To this end, we may disclose personal information to, or collect personal information, from a credit reporting body. The credit reporting body to which we disclose the information will include this information in reports that are made available to other credit providers to assist them to assess an individual’s credit worthiness. 

The credit reporting bodies from which we collect, and to which we disclose, credit information include Equifax Australia Information Services and Solutions Pty Limited (Equifax) and Illion Australia Pty Limited (Illion). For contact details and information as to how these bodies manage credit information, please see their privacy policies and credit reporting policies, available here: 

  • Equifax: https://www.equifax.com.au/
  • Illion: https://www.illion.com.au/
  • Creditor Watch: https://creditorwatch.com.au/

 

You can ask these credit reporting bodies not to: 

  • use or disclose your credit reporting information for a period if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud; and 
  • use your credit reporting information for the purposes of pre-screening of direct marketing by a credit provider. 

Xuper Funding does not use credit related personal information for the purposes of direct marketing our products or services to individuals.

Access and correction

We try to ensure that all information about you that we collect, use or disclose is accurate, complete and up-to-date. You may, at any time, request access to personal information (including your personal credit information) that we hold about you and, if there is an error (or our information about you is incomplete, inaccurate or out of date), you can advise us about this matter and we will, if needed, correct, amend or add to the information we hold about you, we will endeavour to do this within 20 working days. However should there be a delay we will let you know as soon as possible. related

personal information for the purposes of direct marketing our products or services to individuals. 

We will not charge you a fee for your access request, but may charge you the reasonable cost of processing your request, including so as to allow us to provide you with access to your personal information. 

It is your responsibility to let us know if the personal information we hold about you needs to be corrected or updated. 

If you would like to request access to the personal information that Xuper Funding holds about you, please contact our Privacy Officer c/- Customer Support at: info@xpfunding.com or by contacting us by postal mail at the contact address listed below. We will respond to your request within 30 business days. We will retain your information for as long as your account is active or as long as doing so is necessary for the purpose for which the information was collected (or any longer period authorised or required by law). 

Marketing and option to opt out 

Xuper Funding may contact you to offer you products and services that may be of interest to you. You may choose to stop receiving our marketing material and telephone solicitations or other forms of contact from Xuper Funding by following the unsubscribe instructions included in our emails or by contacting us by email at info@xpfunding.com (and including your full  name and business mailing email addresses and account number) or by postal mail to us at the following address: 

XUPER AUSTRALIA PTY LTD 

Suite 20.01 

Level 20/133 Castlereagh St 

Sydney NSW 2000

 

You may also opt-out from continuing to share any personal information that you have provided on our Website for public display, such as through contributions to publicly accessible blogs or community forums and testimonials on the Website. You may do this by contacting us on the email address provided above. 

Concerns or breaches

Xuper Funding takes the security of your information very seriously. 

In the event we become aware that personal information has been lost or subject to unauthorised access, misuse, interference, or disclosure, we will take steps to contain and rectify the data breach, as soon as practicable, prevent reoccurrence, and comply with any applicable notification obligations. 

If you have a complaint about our treatment or our records of your personal information, please contact our Privacy Officer (using the contact details provided above). Our Privacy Officer will investigate your complaint and endeavour to resolve any issue to your satisfaction. 

If we do not adequately answer your concerns, you have the right to make a complaint to the Office of the Australian Information Commissioner (OAIC)or the Office of the New Zealand Privacy Commissioner (OPC) if you believe we have breached an applicable Privacy Act, the Australian Privacy Principles, the New Zealand Information Privacy Principles, the Australian Privacy (Credit Reporting) Code 2014, or the New Zealand Credit Reporting Privacy Code 2020 (or other applicable code). Complaints to the OAIC or OPC must be made in writing. 

Further information about making a complaint to the OAIC and/or OPC can be found at: 

https://www.oaic.gov.au/privacy/privacy-complaints 

https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email or by means of a notice on our Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Your use of our services following any updates constitutes acceptance of this Privacy Policy as amended. 

Additional information relating to use of our Website 

Tracking Technologies 

Technologies such as cookies, beacons, tags and scripts are used by Xuper Funding and our partners (for example, our marketing partners), affiliates, or analytics or service providers, including our live chat, marketing trackers, and survey tool service providers. These technologies are used in analysing trends, administering the Website, tracking users’ movements around the Website and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies for user authentication and analytics. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our Website, but your ability to use some features or areas of our Website may be limited. If you would like to learn more about cookies or how to configure your browser, please visit allaboutcookies.org. 

Log Files 

As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you and to improve marketing, analytics, and Website functionality. 

Behavioural Advertising/Re-Targeting

 

We partner with third parties to display advertising on our Website and manage our advertising on other sites. Our third party partners may use technologies such as cookies to gather information about your activities on this Website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being presented with advertisements. You will continue to be presented with generic advertisements. 

Security of Information 

Xuper Funding takes the security of your information very seriously. Xuper Funding protects your information using bank-level data security: 128 bit-encryption and a Secure Sockets Layer (SSL) protocol. This creates an encrypted connection between your browser and our servers. 

When you enter particular types of Personal Information (such as a credit card number) on our order forms, we encrypt the transmission of that information. If you allow Xuper Funding to see your banking information online rather than in paper form, it is on a read-only basis. We do not have access to change, edit, or modify bank account information in any way. Xuper Funding employees cannot view your banking username and passwords, and we securely store them in separate encrypted areas with our financial services providers. 

We may provide your personal information to third parties contracted by us in order to perform data storage and data processing services on our behalf. We will take all reasonable steps to ensure that these third parties comply with our instructions and do not use your personal information for any other purpose. 

Additional Information – Links to third party sites 

Our Website includes links to other websites whose privacy practices may differ from those of Xuper Funding. If you submit personal information to any of those sites, your information is governed by their privacy policies and practices. We encourage you to carefully read the privacy policy of any website you visit.

Blog/Forum 

Our Website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us by email at info@xpfunding.com or by postal mail at the contact information listed above. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. 

Testimonials 

We display personal testimonials of satisfied customers on our Website in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us by email at info@xpfunding.com or by postal mail at the contact information listed below. 

Social Media Widgets 

Our Website includes social media features, such as the Facebook “Like” button. These features may collect your IP address, which pages you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.