Legal
Draft for legal review. Placeholder wording only, not legal advice. It must be reviewed by a legal or compliance adviser before launch.
This Privacy Policy is issued by Batth Finance [Batth Finance legal entity name and ABN to be confirmed], a credit representative (Credit Representative Number 572451) of LMG Broker Services Pty Ltd ACN 632 405 505 (Australian Credit Licence 517192). Office: Suite 25, Level 3, 21 Cityside Drive, Mickleham VIC 3064. Phone +61 452 210 013. Email info@batthfinance.com.au. Privacy enquiries: email info@batthfinance.com.au [privacy officer position title and direct contact to be confirmed].
Batth Finance handles personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. We treat the Privacy Act as applying to us regardless of our size, because our licensee, lenders and credit reporting rules require it.
Through the enquiry form we collect your name, mobile number, email address (optional), suburb or city and state, the loan type and amount you are interested in, your employment type and income range (optional), your preferred contact time and any comments you choose to add. We do not ask for identity documents, tax file numbers, bank logins, payslips or bank statements on the website.
To provide credit assistance we will later collect, through a separate secure process, identity and contact details, date of birth, identification documents (such as a driver licence, passport or Medicare card), employment and income details, assets, liabilities and expenses, bank statements and transaction data, property details, credit history and credit reports, and information about co-borrowers and guarantors. We collect sensitive information (for example health information for a hardship request) only with your consent.
We collect information directly from you (forms on this website, phone, email, meetings and document uploads) and, where needed, from third parties such as your employer or accountant, lenders, credit reporting bodies (only with your written authority), valuers, identity-verification services, referral partners and our licensee. Website enquiries are held in Batth Finance's own enquiry system, which only our staff can access [hosting provider and location to be confirmed], and, once you proceed, in our licensee's systems. Our licensee's customer relationship and loan-lodgement systems limit access to staff who need it.
We collect and use your information to respond to your enquiry; to provide credit assistance and arrange finance; to assess your requirements, objectives and financial situation and prepare the preliminary assessment required by the National Consumer Credit Protection Act 2009 (Cth); to meet our best interests duty; to verify your identity under anti-money laundering law; to lodge and manage applications with lenders; to communicate with you about your enquiry or loan; to comply with the law and with our licensee's monitoring and supervision requirements; and, if you agree, to tell you about products and services (you can opt out at any time).
We disclose your personal information to LMG Broker Services Pty Ltd (Australian Credit Licence 517192) and its related aggregation and software platforms because we provide credit assistance on its behalf. It uses the information to supervise and audit our conduct, to meet its own legal obligations (including responsible lending, record-keeping and complaints handling, as it is responsible for our conduct under the National Consumer Credit Protection Act 2009), and to process and track your application.
With your consent, or where the law requires it, we may disclose your information to prospective and actual lenders and credit providers, lenders' mortgage insurers, valuers, settlement agents and solicitors, identity-verification and document-verification services, credit reporting bodies, a referral partner who introduced you (limited to confirming the referral), our professional advisers, insurers, regulators (ASIC, AFCA and the OAIC) and others where required by law. Lenders then handle your information under their own privacy and credit reporting policies.
[To be confirmed whether Batth Finance obtains credit reports itself or only lenders do.] If we obtain your credit report, we do so only as an access seeker with your signed written authority, through the credit reporting bodies named in that authority [credit reporting bodies to be confirmed]. We use the report only to assess and arrange your application and for no other purpose without your express consent. You can obtain a free copy of your credit report, and correct it, directly with the credit reporting body.
[To be confirmed whether any of our service providers (cloud hosting, customer relationship system, document signing or identity verification) store or access personal information outside Australia, and in which countries.]
Your information is stored in Australia [hosting provider and location to be confirmed], and access is limited to staff who need it. We and our licensee comply with the Notifiable Data Breaches scheme and will notify you and the OAIC where required.
We keep records of your application, the preliminary assessment and the documents we gave you for at least 7 years, because you may request a copy of the preliminary assessment within that period under the National Consumer Credit Protection Act 2009 and because our licensee and anti-money laundering law require it. Enquiry records that do not proceed are kept only as long as needed for the purpose they were collected [retention period to be confirmed]. After that we destroy or de-identify the information.
To see or correct your information, or to withdraw consent, email info@batthfinance.com.au. We will respond within a reasonable period, normally within 30 days, and may refer you to the lender or credit reporting body where they hold the information.
We use your details for marketing only with your consent, you can opt out at any time, and we do not sell personal information. [Website analytics and cookies to be confirmed.]
If you are unhappy with how we handled your information, contact us first using the details above. We will acknowledge your complaint and respond within 30 days. Our licensee's complaints process also covers privacy matters. If it is not resolved, you can complain to the Office of the Australian Information Commissioner (OAIC): https://www.oaic.gov.au, 1300 363 992. Complaints about credit information can also be taken to the Australian Financial Complaints Authority (AFCA): https://www.afca.org.au, 1800 931 678.
