Privacy Acknowledgement and Consent

1) In this document:
a) “we”, “us” and “our” refers to CFI Finance Limited NZCN 8357884 (trading as CFI Finance) and includes any associated entity or related body corporate of us, and any credit provider that we act for as agent or otherwise;
b) “you” refers to the persons who are applying for credit from us or proposing to act as a guarantor, or who are directors of a company that is applying for credit from us, or any person from whom we need to collect information from in order to provide our services;
c) “Business Information” means information about your business, its activities, performance, and obligations, whether that business is conducted as a sole trader or within a legal entity for which you are a director, shareholder, trustee or where you otherwise act for or control that business; and
d) words defined in the Privacy Act 2020 have the same meaning when used in this document.
2) By submitting an application for credit to us, or providing information in support of a credit application, you confirm that the information you have provided is truthful and complete, and that you have disclosed to us any and all information in relation to the transaction and the transaction parties (including any likely change of circumstances in the foreseeable future) which a financier would reasonably want to know before making an offer to extend credit.
3) We may collect personal information about you for the following purposes:
a) to answer an enquiry from you;
b) to provide you with the services you request;
c) to enable us to develop, administer and manage our services and business;
d) to assess your application and manage your account with us;
e) to engage a credit reporting body to conduct a credit and reference check;
f) to assess your credit worthiness;
g) billing purposes and debt collection;
h) future promotion and marketing purposes;
i) any other customer support purposes;
j) to notify credit providers of a default by you of your agreement with us;
k) to deal with complaints;
l) to enforce our rights when you are in breach; and
m) to identify you in accordance with AML/CTF legislation.
4) Collection of some personal information about you may also be required or authorised by or under law, including but not limited to:
a) the Anti-Money Laundering and Counter-Terrorism Financing Act 2009;
b) the Credit Contracts and Consumer Finance Act 2003;
c) the Personal Property Securities Act 1999.
5) The main consequences for you if all or some of the personal information is not collected by us are that we may not be able to provide services to you, or be able to provide them to the same standard. In the case of a credit application, we may not be able to decide whether to provide credit to you if you do not give us the information we request.
6) We may collect personal information about you from someone else, such as from a credit reporting body or another credit provider when we are assessing your credit application or collecting a debt you owe. Where we operate in multiple countries we may collect information that is available about you in any country we operate and from any authorised party that holds such information about you (in accordance with the terms of this document and applicable laws in each relevant jurisdiction).
7) Where you are (or propose to be) a licensee, franchisee, or agent of another party you acknowledge that we may exchange your personal information and relevant Business Information with that party for the purpose of providing you with the services you have requested from us (or deciding whether or not to provide those services), in the event you seek further credit or forbearance from us in the future, and in order to enforce or protect our rights under any agreement between you and us. You request and authorise that party provide us with your personal information and / or Business Information as reasonably requested by us from time to time for these purposes. You acknowledge that any such disclosure is expressly authorised by you and will not constitute a breach of any obligation of confidentiality between you and that party under any agreement between you and them. Additionally, you authorise us to provide the aforementioned party with your personal information and / or Business Information upon their reasonable request. You warrant that any such disclosure made by us pursuant to this authority is at your request for purposes which you have approved, and not in breach of any obligation of confidentiality or otherwise which you hold to any other party.
This authority expires 90 days after you apply for credit from us, or if you obtain credit from us, 90 days after your obligations to us under all agreements between us are discharged.
8) We usually disclose personal information of the kind collected by us to:
a) related companies of ours, or parties that we act as agent for;
b) distributors and introducers of our products and services;
c) credit reporting bodies, the issuers of identification documents, or official record holder;
d) other credit providers and insurers;
e) franchisors, licensors, or parties for whom you may act as an authorised agent;
f) service providers including mailhouses, printers, call centres, marketing companies, and technology providers;
g) government bodies;
h) persons who act as your guarantor or who provide security for credit to you;
i) debt collectors and assignees of your debts;
j) a recognised external dispute resolution scheme of which we are a member; and
k) our professional advisors, including our lawyers, auditors and accountants.
9) You agree that we may disclose personal information about you to these persons for the purposes for which we collect it where permitted by law (including the Privacy Act). You acknowledge that we may provide your personal information to these persons when required by law. The credit reporting bodies that we are likely to disclose your personal information to are:
a) Equifax (NZ) - Private Bag 92156, Victoria St AUCKLAND. Phone 0800 698 332.
b) Equifax (AU) - PO Box 964 North Sydney NSW 2059. Phone 1300 762 207.
c) Illion (NZ) - PO BOX 9589 Newmarket AUCKLAND 1031. Phone 0800 733 707.
d) Illion (AU) - PO Box 7405 St. Kilda VIC 3004. Phone 13 23 33.
10) A credit reporting body may disclose credit reporting information about you to us if we request the information:
a) to assess an application for commercial credit made by you to us;
b) to collect overdue payments in relation to commercial credit provided by us to you;
c) to assess whether to accept you as a guarantor in relation to credit provided by us to another person or credit for which an application has been made to us by another person.
11) A credit reporting body may also disclose credit reporting information about you to us for a purpose permitted by the Privacy Act. This includes assessing an application for consumer credit by you.
12) We may disclose credit eligibility information about you to another credit provider with New Zealand or Australian link for any of the following purposes:
a) to assess an application for credit by you;
b) to assess you becoming a guarantor;
c) to assess your creditworthiness;
d) to notify credit providers of a default by you of your agreement with us;
e) or, to advise credit providers of the status of your agreement with us, where you are in default with credit providers.
13) We may disclose credit eligibility information about you if we have provided credit to you or you have applied to us for credit, and the disclosure is to a person for the purpose of that person considering whether to offer to act as a guarantor or to offer property as security for the credit. We may also disclose this information to a person who is a guarantor in relation to credit provided by us to you, or who has provided property as security for such credit.
14) You may need to provide us with personal information for another person or persons in relation to your application for credit, you warrant that these other persons have consented to the collection, use and disclosure of their personal information on these same terms.
15) Our Privacy & Credit Reporting Policy has information about how you may access personal information about you that we hold and seek the correction of such information, and how you may complain about a breach of the New Zealand Privacy Principles or any registered privacy code that may bind us. Our Privacy & Credit Reporting Policy also explains how we will deal with such a complaint. You can get a copy of our Privacy & Credit Reporting Policy from our website. You can request us to provide you with a copy of the policy in an alternative form such as a hard copy.
16) Our Privacy & Credit Reporting Policy includes information about credit reporting, including:
a) the credit reporting bodies to which we are likely to disclose your credit information;
b) how credit reporting information is used and your rights in relation to credit reporting information;
c) information about how you can access credit eligibility information about you held by us;
d) information about how you may seek the correction of credit information or credit eligibility information held by us; and
e) how you may complain about a failure by us to comply with the Privacy Act or the Credit Reporting Privacy Code, and how we will deal with such a complaint.
17) You can get a copy of our Privacy & Credit Reporting Policy from our website. You can request us to provide you with a copy of the policy in an alternative form such as a hard copy.