The below sets out the privacy policy of Mitchcap Pty Ltd (ACN 630 819 760) and our related entities; MitchMarket Finance Pty Ltd (ACN 634 783 627) and Mitchcap NZ Limited (9429050448210) (Mitchcap, we, us) relating to the privacy of personal information (Privacy Policy). It applies to any individuals (you) whose personal information we hold. Before undertaking certain transactions, we will provide you with a printed copy or email link to this Privacy Policy and ask you to sign and return the acknowledgment and consent at the end of the Policy.
Mitchcap is committed to protecting the privacy of the personal information we hold. We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). We may also deal with personal information as a credit provider within the meaning of the Privacy Act, and for that purpose this Policy constitutes our Credit Policy. In dealing with credit eligibility information, we are committed to comply with the Privacy (Credit Reporting) Code 2014 (Version 2). You accept this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information as described in this Privacy Policy by using our websites (www.mitchcap.com.au, or www.mitchmarket.com.au) our mobile applications, our products and services or entering into any communications with us.
We only collect personal information (as defined in the Privacy Act, being information that identifies or could reasonably identify an individual) where we consider it to be reasonably necessary for our business functions or activities. The kinds of personal information we collect may include:
We will solicit your personal information by lawful and fair means directly from you unless it is unreasonable or impracticable to do so. The circumstances in which we directly collect personal information will vary depending on the nature of the interaction. Some common ways we collect personal information directly from you are:
We may also collect your personal information from third parties and public
sources including:
We collect your personal information so that we can use it for our reasonable business purposes and provide products and services to you. The uses include:
We may use and disclose personal information to third parties for the same purposes as are set out in paragraph 4 above. Organisations to which we may disclose your personal information include:
You can refuse to provide personal information. A refusal may mean that we are unable to provide the service you or your organization has asked for, for example if we propose to do a credit assessment on you or the organization, and we are unable to complete the credit assessment.
To improve our services, we sometimes collect de-identified information from web users. Although the information collected does not identify an individual, it does provide us with useful statistics that permits us to analyse and improve its web services. When you visit our website, a record of your visit is logged and the following data is supplied by your browser:
We use this information only to customize information for website visitors and to collect aggregated data for the purposes of analysis, quality control,
administering and improving the website. Aggregated data may be shared with third parties. You can stop your browser from accepting new cookies or disable cookies altogether by changing your browser preferences.
If we hold your personal information, we may use or disclose that information (other than sensitive information) for direct marketing if:
Whenever we send you marketing material, we will always inform you how you can opt out of our mailing list. We will implement your request free of charge within a reasonable time.
We store information in different ways, including paper and electronic form. We take reasonable steps to protect it from misuse, interference, loss, unauthorised access, human error, modification or disclosure including:
We cannot guarantee that personal information will be protected against unauthorized access or misuse and we do not accept any liability for human error or the improper actions of unauthorized third parties. We will retain your personal information for as long as necessary to fulfil our obligations to you, to protect our legal interests, or to comply with Australian law. Once those reasons for retaining your personal information no longer apply, we will take reasonable steps to destroy your personal information or to ensure that your personal information is de-identified.
We may disclose your personal information to third parties operating outside Australia who are a related body corporate, or work with us or are a supplier, agent, or partner. Overseas countries to which we currently send information are the United Kingdom and New Zealand.
We may also store your personal information on servers based overseas or in the “cloud” or other types of networked or electronic storage.
When we collect information about you, directly or indirectly, in relation to a credit assessment:
You have the option of not identifying yourself or using a pseudonym when dealing with us provided that is it lawful and practicable. We will try to accommodate a request for anonymity if possible. However, your right to anonymity does not apply in relation to a matter if:
You have the right, upon request, to access any of our records containing your personal information and credit eligibility information. To request access please contact our privacy officer. We will respond to your request within a reasonable period of time. On the basis that it is reasonable and practicable to do so, we will give you access to the information requested. If we refuse your request, we will provide a written notice setting out the reasons for the refusal & how you can complain about the refusal.
We will take reasonable steps to ensure our records of personal information and credit eligibility information are accurate, up to date and complete. If you think there is something wrong with the information we hold about you please contact our privacy officer to let us know if there are any errors and keep us up-to-date with any changes, and we will try to correct your information. We will respond to your request to correct your information free of charge and in a reasonable period of time. If we refuse your request, we will provide you with a written notice setting out the:
If we refuse to correct your information, you may request that we associate your information with a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading. We will take reasonable steps to make the statement visible to users of your information.
If we correct your information and we have previously disclosed it to a third party, upon your request, we will notify that third party of the correction unless it is impracticable or unlawful to do so.
If you have any issues you wish to discuss with us or if you’re concerned about how we have collected or managed your personal information or complied with the Credit Reporting Code, please contact the privacy officer. For information about privacy or if your concerns are not resolved to your satisfaction, you may contact the Office of the Australian Information Commissioner at www.oaic.gov.au and on 1300 363 992.
A party may sign electronically a soft copy of documents through DocuSign or by signing documents by some other electronic method (including signing by stylus or pasting of the signatory’s signature) and bind itself accordingly. This will satisfy any statutory or other requirements for documents to be in writing and signed by that party. The parties intend that:
We may, from time to time, review and update this privacy policy to take account of new laws and changes to our operations. The updated Privacy Policy will also apply to previously provided information.
This Privacy Policy is available on our website. A printed copy of the privacy policy can be obtained free of charge by contacting our Privacy Officer.
Our privacy officer can be contacted at:
· Email: Paul Mitchell on paul@mitchcap.com.au
· Telephone: 02 4258 3620
Post: Level 2, 65 Market Street, Wollongong, NSW, 2500.
Last Updated: June 2022
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