Notify us of the complaintWe cannot deal with the complaint unless we know about it. Whilst we would prefer that you advise us by email or through our website, you can let us know any way you find convenient, whether by personally advising, telephoning us, writing a letter, sending a fax, e-mailing or lodging it on our website. Generally, we will be in a position to deal with the matter immediately. If we are unable to do so immediately, the matter will be referred to a more senior person. It is our intention to deal with all matters of complaint as quickly and as efficiently as possible.
Complete complaint documentationWhere the matter cannot be resolved to your satisfaction within 24 hours of you making a complaint, details of it will be recorded in our Complaints Register. If we do not have enough information, we will seek it from you. We may ask you to complete a complaint form, a copy of which is attached to this document. Where your complaint is made orally, the staff member will fill out the complaint form on your behalf.
NotificationWe will notify you in writing within 2 business days of the receipt of your complaint. We will also notify you of the procedures we will undertake as a result of your complaint.
InvestigationYour complaint will be investigated. The person with the ultimate responsibility for its investigation is our Complaints Officer who may be contacted using the following contact details: Name: Complaints Officer Email: firstname.lastname@example.org Phone: 1300 189 823
OutcomeThe matter will be resolved within 21 days of receiving your complaint.
Referral to our External Dispute Resolution SchemeIf you are not satisfied with the resolution proposed by us, you can take the matter further. If the complaint relates to a financial service, you can refer it to our External Dispute Resolution Scheme. We are a member of Credit Ombudsman Service Ltd ("AFCA"), one of the schemes approved by ASIC. The contact details for AFCA are as follows: Australian Financial Complaints Authority Phone: 1800 931 678 Fax: 02 9273 8440 Mail: - GPO Box 3, Melbourne, VIC 3001 Email: email@example.com Website: www.afca.org.au If the matter relates to privacy, you may take the matter up with the Privacy Commissioner. The contact details for the Privacy Commissioner, in the Office of the Australian Information Commissioner, are as follows:- Privacy Commissioner Phone 1300 363 992 Fax 02 9284 9666 Mail GPO box 5218, Sydney NSW 2001 E-Mail: firstname.lastname@example.org Website www.privacy.gov.au Complaint form https://forms.business.gov.au/aba/oaic/privacy-complaint-/ There is no charge to you (except for the provision of documents where you request them from us) for the use of this procedure. The services of AFCA and the Privacy Commissioner are made available at no charge to you.
Internal Dispute Resolution Policy
Purpose of policyThis document outlines the policy and procedures for the treatment of complaints received by us. The use of internal and external dispute resolution will be explained in detail. It is anticipated that this document will specify the internal dispute resolution processes and procedure so that it will comply with the requirements of ASIC. This document is drawn having in mind the provisions of Regulatory Guide 165 as issued by ASIC. The Regulatory Guide is available from the ASIC website at: http://asic.gov.au/asic/asic.nsf/byheadline/Regulatory+guides?openDocument This policy forms part of the Compliance Plan required by the National Consumer Credit Protection Act 2009 and the conditions of the licence granted to by ASIC. It also forms part of the general operational requirements of the business.
ASIC requirementsSection 47 of the National Consumer Credit Protection Act 2009 ("NCCP Act") requires that the dispute resolution system must consist of:
- Internal dispute resolution procedure that complies with standards made or approved by ASIC which cover disputes in relation to credit activities in which we or our representatives are engaged, and
- Membership of an EDR scheme approved by ASIC.
What are Internal Dispute Resolution procedures?Internal Dispute Resolution ('IDR') is a facility or process for a consumer to lodge a complaint with an organization. The organization is given the opportunity of resolving the complaint, failing which it could be escalated to an External Dispute Resolution organization ('EDR') (AFCA in the case of My Borrowing). These procedures provide guidance on how to respond to a complaint and help clarify our responsibilities.
Who can make use of these IDR Procedures?Any borrower who interacts with My Borrowing may use the IDR process.
What is a dispute?The National Consumer Credit Protection Act refers to the necessity for a credit provider to have processes for dealing with "disputes". In RG 165 the words "complaint" and "dispute" are used interchangeably and for that reason for the purposes of this policy, we will take "dispute" and "complaint" as meaning the same thing. To adopt the definition of "dispute" from The Australian Standard ISO 10002-2006, we define "dispute" as: An expression of dissatisfaction made to us related to our products or services, or the complaints handling process itself, where a response or resolution is explicitly or implicitly expected. For the purposes of this document "dispute" also includes a "complaint", and the terms are used interchangeably, although generally a "dispute" is considered to occur when a "complaint" from a customer has not been resolved to the customer's satisfaction.
Fundamentals of IDRAs IDR is generally a necessary first step in the dispute resolution process before going to EDR, the following are some fundamental points surrounding IDR:
- Consumers have the right to be heard if they have a complaint.
- We as a lender are committed to a quick and fair response to our customer complaints.
- If we are unable to resolve a complaint within a reasonable period and to the satisfaction of the complainant, the matter will be referred to our External Dispute Resolution scheme – AFCA.
- If the complaint cannot be resolved within 21 days, the Complaints Contact Person (or their deputy) will advise the customer of their right to contact AFCA. Thereafter they will deal with the complaint through AFCA.
Investigating a complaint or disputeThe following information will give an indication as to how we will deal with a complaint:
- The Complaints Contact Person or their deputy will not investigate a borrowers complaint if the Complaints Contact Person or their deputy is directly involved in the subject matter of the complaint.
- The Complaints Contact Person or their deputy must have the complainants written authority to access any documentation necessary to properly investigate the complaint.
Complaints contact personA Complaints Officer will be appointed. The Complaints Officer will have the responsibility to ensure that all complaints and disputes are dealt with in accordance with this policy. All complaints or disputes, whether settled or not, must be reviewed by the manager of the staff member who originally dealt with the complaint or dispute. The manager will make a determination as to whether the complaint or dispute is one that, if unresolved, should be referred to the Complaints Officer. Name: Complaints Officer Email: email@example.com Phone: 1300 189 823
StaffEach staff member will have the responsibility of attempting to resolve all complaints or disputes as soon as they are made or registered. All staff will be provided with a copy of, or access to, this policy and it will be a condition precedent to the commencement of their employment that they are aware of the operation of the dispute resolution policy. In addition, staff will be trained in how to complete a complaint form, and how to recognise matters that need to be dealt with priority. All complaints or disputes will be determined on the facts and, as a result, it is not possible to allocate specific remedies to specific disputes. However, in determining a dispute, the relevant staff member shall consider the following possible remedies, or any combination of them:
- Apology (verbally, in writing, or both);
- Compensation (by credit to account, refund or gift);
- Staff training, and
- Review of internal procedures.
Recording of complaints and disputesAlthough we aim to provide customers with the highest standards of products and service, there may be occasions when our service does not meet the expectations of our customers. If such an event occurs, we are committed to dealing with any complaint or dispute arising therefrom in an efficient and effective manner ensuring at all times that any complaint is recorded to assist customer service development and internal training. My Borrowing will keep and maintain a register of complaints they have received which records the date a complaint is made, the full details of the complainant, the full details of the complaint and the measures taken to resolve it, including the dates on which responses are made to the complainant and the outcome of the complaint. Management will review this record of complaints and disputes regularly so that systemic problems can be identified and, where necessary, remedied. The officer responsible for ensuring that the Disputes Register is properly maintained is the Complaints Officer. The Register will contain records of all complaints and disputes including the following:
- Index number of the complaint or dispute (by which the complaint will be identified);
- Date the complaint or dispute was notified;
- Name of the complainant;
- Account/loan number;
- Details of the complaint or dispute;
- Category of dispute;
- Date of first response;
- Person responsible for management of the complaint or dispute;
- Action taken;
- Terms of resolution (if any), and
- Date resolved.
How a complaint or dispute can be lodgedA complainant may make the complaint by any reasonable means – by letter, telephone, fax, email, SMS or in person – by either the complainant or the complainants authorized representative. We prefer complaints to be made in writing by email or through our website and encourage the use of those methods.
Response TimelinesIt is company policy that every endeavour will be made to immediately settle a complaint or dispute with a customer. Where the complaint or dispute cannot immediately be settled, we will:
- Provide a written acknowledgement within 2 working days that the complaint or dispute has been received and the procedures which we will undertake to investigate and handle the complaint or dispute.
- Ensure that a substantive response is provided to the complainant within 21 days of receipt of the complaint.
Once a complaint or dispute has been resolvedImmediately on a complaint or dispute being resolved, the investigating officer must ensure that the agreed action is put into place. The investigating officer must advise the complainant in writing:
- The of the outcome of the investigation;
- The reasons for the outcome including, where appropriate, reference to statutory or other provisions, and
- Details of what further steps the complainant can take in respect of the complaint including the contact details of AFCA and, where appropriate, the office of the Information Commissioner (encompassing the office of the Privacy Commissioner).
Fee's for handling a complaintMy Borrowing will not charge any fee in respect of a complaint.
2. Collecting Personal InformationPersonal information is information or an opinion of an individual whose identity is apparent or can be reasonably ascertained. We usually collect personal information about an individual from that individual. We collect personal information from a wide variety of sources including: (a) through this website myborrowing.com.au/ or any of our other websites; (b) from other interactions with us, whether by telephone, email, ordinary mail or any other electronic or online means; and/or (c) through any of our other business activities or events. Personal information collected by us typically includes an individual’s: (a) full name; (b) contact details such as mobile number, telephone number and email address; (c) gender; (d) physical or residential address; (e) qualifications and education; (f) occupation; (g) credit information, which may include your bank statement data, bank account details and credit requests you have made with us; and (h) all logs, which may include information such as your internet protocol (IP) address, browser type, browser version, clickstream data, referring URLs, the pages of our websites that you visit, the time spent on any pages of our websites and other log related information relating to your use of any of our websites.
3. Use of personal informationWe automatically gather information to monitor your use of our websites and the provision of our referral services to you. In general we use personal information for evaluating, improving, personalising and developing our business. More specifically we use personal information: (a) for maintaining our relationships with those that we provide our referral services to; (b) for administering, managing and delivering the referral services we provide; (c) for improving our referral services including our websites; (d) for our own internal research and statistical purposes; (e) to provide to entities that manage and administer finance you have requested through us; (f) to promote and market products and/or services provided by us or our associated entities that we believe will be of interest and/or benefit to you; and (g) to provide to other entities so that they may promote and market products and/or services to you that we believe will be of interest and/or benefit to you. Other than for purposes referred to above, unless we are legally required or compelled by a law enforcement or government agency, we will not disclose your personal information to any third party without your consent.
4. Disclosure of personal informationBefore we disclose your personal information, we will take reasonable steps to satisfy ourselves that: (a) only personal information that is necessary for the recipient to properly perform the function they notified us of will be shared; (b) the recipient has a commitment to protecting your personal information from use outside the function that they have notified us of; (c) you have been notified under this Policy that your personal information may be disclosed in this way.
5. Direct marketingWhere your personal informal is being used for promotional or marketing purposes, whether provided by us, an associated entity or a third party against your wishes, you may at any time decline to receive further offers by opting out. Please be aware that opting out of a direct marketing communication will only unsubscribe you from the enterprise that sent you the communication. Please let us know if you want to unsubscribe from all direct marketing that originates from us by emailing firstname.lastname@example.org.
6. Government identifiersWe do not generally collect or hold government identifiers (i.e. passport number, licence number, Medicare number or tax file number). Where we do, such information will not be disclosed to non-associated entities without your express consent.
7. Sensitive informationSensitive information is personal information regarding: (a) racial or ethnic origin; (b) political opinions; (c) membership of a political association; (d) religious beliefs or affiliations (e) philosophical beliefs; (f) membership of a professional or trade association; (g) membership of a trade union; (h) sexual orientation or practices; (i) criminal record. We will not generally collect or hold sensitive information, where we do, such information will not be disclosed to non-associated entities without your express consent.
8. Protecting your personal information
8.1 Steps we takeWe take reasonable steps to protect personal information we hold from: (a) misuse, interference and loss; and (b) unauthorised access, modification or disclosure. The precautionary steps we take to protect personal information include: (a) adopting measures to protect our computer systems and networks for storing, processing and transmitting personal information; (b) adoption of procedural and personnel measures for limiting access to personal information by our staff; (c) reviewing our information collection, storage and processing practices; and (d) such other security measures we consider reasonable and appropriate from time to time. Notwithstanding that we use our best endeavours to protect all personal information we collect and hold, please be aware that we unfortunately cannot guarantee its complete security and will not be responsible where it is obtained by illegal third party actions.
8.2 Deleting your personal informationWhen personal information is no longer required to be kept by us, we will take reasonable steps to destroy or delete the personal information in a confidential manner.
9. CookiesCookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer's hard drive. When we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate a cookie is being sent. However, if you do not accept cookies, you may not be able to use some features of our products and services.
10. Web beaconsWeb beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies, which are stored on the user’s computer hard drive, web beacons are embedded invisibly on web pages (or in e-mail). Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. Like many sites, we use web beacons to collect information which is done in accordance with this policy.
11. Overseas disclosure
11.1 Server locationsWe store all personal information that we collect on Amazon Web Servers located in Sydney Australia and the USA.
11.3 Consent to overseas disclosureOther than as contemplated in this clause 11, we will only disclose your personal information to an overseas recipient if: (a) you consent to the transfer; or (b) the disclosure of the information is required or authorised by or under an Australian law, other applicable law or a court/tribunal order. We will take reasonable steps to ensure such overseas recipients do not breach the Australian Privacy Principles (APP’s) or are subject to laws or a scheme substantially similar to the APP’s.
13. Accessing and updating your personal information13.1 Access to Personal Information We will provide you with access to your personal information held by us unless: (a) giving access would be unlawful; or (b) denying access is required under the Privacy Act or any other applicable law.
13.2 Request for AccessIf you would like access to your personal information aside from your account information, you must contact us in writing making such a request. You may contact us via email at email@example.com. Following receipt of your request, we will contact you and either provide you with the information you have sought, or return to you with an explanation detailing why we will not provide you with the information.
13.3 Amending your personal informationIf you wish to amend personal information that we hold, please contact us to request the amendment. You may contact us by emailing firstname.lastname@example.org. If we elect not to correct your information, we will notify you, within a reasonable time, of the reason for our refusal, the mechanisms available for you to complain about our refusal and such other matters required by the Privacy Act. If you wish to have your personal information deleted, please let us know and we will take all reasonable steps to delete it, unless we need to keep it for legal reasons.
14. International usersIf you are located outside of Australia and choose to provide your personal information to us, your personal information will be transferred to Australia and processed in accordance with this Policy.
15. ComplaintsWe strive to ensure our compliance with this Policy and to regularly review our practices against it. If at any time you have a complaint against us regarding our Policy, including a breach of the Privacy Act, we invite you to make a complaint at email@example.com. All complaints made will be dealt with in confidence. We endeavour to respond within 30 days of receipt of a complaint with a resolution or proposed resolution to the issue raised. If you are dissatisfied with our response to your complaint you may make a further complaint to the Office of the Australian Information Commissioner about the handling of your personal information. Information on making a privacy complaint can be found on their website at http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
16. VariationsWe reserve the right to vary this Policy from time to time to ensure that we remain up to date with market expectations, the law and technological advances. Any variations made will be updated on our websites. It is your responsibility to check our Policy periodically to ensure you are aware of any changes made to it.
17. Further informationFor any further information about this Policy please contact us by emailing firstname.lastname@example.org.
LiabilityTo the extent permitted by law, we are not liable to any person in relation to use of the website, and you waive all claims against us in relation to your use of the website. The materials on this web site are provided "as is". My Borrowing makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, we do not warrant that the website will always be accessible and we do not warrant that the website is free from anything that may damage any device used to access the website.
Third Party WebsitesMy Borrowing may provide links to third party websites. These websites are not under our control, and we accept no liability for the content or availability of any linked site that is not operated by us or any link contained in a linked site not operated by us. You access those sites and use their products and services solely at your own risk. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
Copyright NoticeCopyright and other relevant intellectual property rights exists on all text relating to My Borrowing services and the full content of this website.
SecurityMy Borrowing maintains reasonable measures to protect the security and confidentiality of your personal information from misuse, interference and loss, unauthorized access, modification or disclosure. We have constructed our systems and processes to protect your information from square one. Please refer to our Security Policy for more information.
Collection & use of InformationAny information you provide My Borrowing by any means, is only collected for reasons that are reasonably necessary or related to business functions or activities conducted by My Borrowing. The purposes we collect this information include:
- Accept and process your application for a loan in accordance with the requirements by law;
- Assess your personal and/or commercial creditworthiness;
- To gather and aggregate information for statistical, prudential, actuarial and research purposes;
- Make a determination about the risk of you defaulting on your obligations to us;
- To develop and implement measures to detect or prevent fraud and credit loss;
- Undertake, where appropriate, risk assessment and management involving securitisation, credit scoring, portfolio analysis, reporting and fraud prevention and claim recovery;
- If your application is successful, provide you with a loan and determine on what terms we will do so;
- Manage your account with us;
- Assist in the resolution of any dispute you have with us;
- Provide you with information about other products or services we currently offer, or may offer in the future or are offered by our commercial partners, and
- Satisfy an obligation we may have under the law to collect personal information or make assessments.
- Your name, address, occupation, age, gender, your e-mail addresses, bank account details, income details, and other financial information.
- Information about your transactions with us or others, such as payment history and loan balances, and information you provide when you contact our customer service department.
- Information we receive from third parties, such as credit reporting bodies and other lenders.
- Information we receive from other third parties, such as lead providers and others.
CookiesWe use 'cookies' to provide you with better and more customised service and with a more effective website. A 'cookie' is a small text file placed on your computer by our web page server. Our webpage servers can later retrieve a cookie. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your Internet browser.
ComplaintsIf you have a complaint or dispute in relation to the website, please contact us using our contact details published on the website. Please also consider reading our Dispute Resolution Policy.
Exclusions & LimitationsThe information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, My Borrowing:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or My Borrowing literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised My Borrowing of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Collection of informationI consent to the entity collecting personal and credit information from me. I understand that if I do not provide all information that is requested from me the entity may be unable to provide me with their services. I also understand that if any of my personal information should change, such as residential address, phone number, email address, etc, it is my responsibility to advise the entity of this.
Use of informationI consent to the entity collecting my information for the purposes of providing me with referral and marketing services and any related purpose including but not limited to:
- customer service requests such as providing access to and updating personal information and resolving disputes; gathering information and statistical data to analyse and evaluate business functions;
- complying with legal requirements under various acts such as the National Consumer Credit Protection Act 2009, the Privacy Act 1988 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006;
- developing our service offerings and improving overall business processes and efficiency.
Disclosure of informationI consent to the entity disclosing my personal information to provide me with their referral and marketing services, and any other related purpose as outlined above, on an ongoing basis to:
- credit providers, credit brokers, other referrers and other service providers.
- the entity‘s auditors, contractors, agents, insurers, financiers and lawyers.
- any other persons or entities who you have consented to.
Exchange of Information with Other ProvidersI understand that by providing my consent to exchange my information with credit providers, credit brokers, other referrers and other service providers, this information may be sold to them or disclosed for a fee. The amount of the fee would be determined on referral. I understand where my information is exchanged, it is being exchanged for any of the purposes for which I have consented to the entity, including offering me products and/or services. I understand that by providing my consent to exchange my information with credit providers, credit brokers, other referrers and other service providers, I am consenting to the entity exchanging all of my application information, such as my identification details, what type of loans I have, how much I have borrowed, whether I have met my loan payment obligations and if I have committed a serious credit infringement (for example, fraud).
Promotion of Products and ServicesI consent to being contacted by the entity, and any external third parties or agents who act on their behalf, for the purposes of the promotion of products and services. I understand the entity may promote the products of their marketing partners. I understand that I may withdraw my consent and request not to receive promotional communications at any time by contacting the entity.
Electronic CommunicationsI consent to receive all communications, information and documents, where possible, from the entity through electronic communications, including but not limited to:
- requests for information regarding credit applications and contract variation requests;
- disclosure documents such as credit guides and information statements, copy of assessments, credit contract documents, variations of these and credit contract offers;
- notices, such as missed payment notices, default notices, final notices, settlement notices and account statements;
- marketing materials and promotions;
- any other communications, information, or documents that must or will be provided to you or which you have requested.
- communications may be sent via any electronic means, such as SMS and email;
- electronic media should be regularly checked for communications, information and documents;
- it is my responsibility to ensure the security of my electronic communications;
- paper-based documents may no longer be given;
- consent to the giving of documents by electronic communication may be withdrawn at any time.
Commercial Electronic MessagesI understand that under the Spam Act 2003, the entity may not communicate with me via commercial electronic messages unless I provide my consent. I consent to the entity communicating with me via commercial electronic messages (email, SMS, fax) to provide me with convenient and fast communications.
Electronic Bank Statement RetrievalBy making an application, I consent to the lender using on my behalf an electronic statement retrieval solution to collect my bank statements and transaction information. (If you do not agree you will not be able to proceed to use this online service.)
I understand that one or all the following statements retrieval providers may be used;
- I have read and agree to their User Terms & Conditions and Privacy Policies.
- I understand I am using these services at my own risk.
- I consent to them having read-only access to my bank account transaction data and for this data to be provided to the entity and any party I have consented to.
- I understand that the transaction data supplied may include transactions from the previous 12 months from all available accounts.
- I understand my user login credentials are encrypted and safely stored by a third-party service provider on their servers in a secure environment outside Australia and that no unauthorised party will have access to this information
- I authorise the entity to use my encrypted login credentials in any future credit services and for the entity to request a read-only transaction history.