Privacy Policy

Cuscal Privacy Policy

This Privacy Policy applies to Cuscal Limited (ABN 95 087 822 455) and Cuscal Payments NZ Limited (CN 9067733) (Cuscal).

The privacy of customer information is of paramount importance to Cuscal and our aim is to provide you with the best possible service, while protecting your privacy and ensuring that your information is secure.

Cuscal is committed to safeguarding personal information it may collect or hold at any time in respect of any individual and is committed to doing so in accordance with the requirements of the Australian Privacy Act 1988 (Cth) and New Zealand Privacy Act 2020.

In general, we will not use or disclose personal information collected about you other than for a purpose set out in this Privacy Policy, for a purpose you would reasonably expect, a purpose required or permitted by law, or a purpose otherwise disclosed to, or authorised by, you.

If, in connection with particular services we offer or provide to you, we make other privacy disclosures or seek your authority to use your personal information in ways which are different from, or more specific than, those stated in this Privacy Policy, and there is any inconsistency between the provisions of this Privacy Policy and those additional materials, the additional materials will prevail.

Personal information that we hold will be held in accordance with the Australian Privacy Principles (“APPS”) and New Zealand Information Privacy Principles (“IPPs”), and Cuscal will:

• take reasonable steps to ensure that the information, if used, is accurate, complete and up-to-date;
• take reasonable steps to protect the information from misuse, interference, loss or unauthorised access, modification or disclosure;
• upon request, provide you with access to your personal information;
• not use any government identifier to identify you; and
• only transfer such information overseas with your consent or as otherwise authorised.

Collection of personal information

We collect your personal information directly from you most of the time. However, on occasion, we may also collect information about you from other people and organisations (for example, from your employer). We will only collect personal information when it is reasonably necessary for one or more of our functions or activities.

We collect personal information when you:

• enquire about, apply for, or use our products or services;
• contact us to make an enquiry or give us feedback;
• visit our website or use our digital services;
• participate in other activities we offer, such as events or surveys;
• talk to us or do business with us;
• apply for a job with us.

The types of personal information we collect and hold generally includes your name, address, telephone number, email address, and, in some circumstances, financial details including credit history. Each time you visit our website we may record the date and time of your access to the site and any information you have read or downloaded. We also use cookies to collect information about your use of our web site. Web cookies cannot scan your hard drive and cannot gather your passwords, credit card numbers or any other information on your computer. Web cookies are placed on your computer hard drive by a web page server, which can then be accessed by our web server. They are only used to identify you and may be used to track your browsing habits.

If you do not wish us to use cookies, you may configure your web browser not to accept them or use any of the software available in the market to inhibit the use of web cookies, however this may mean that you are not able to make full use of the website.

In certain circumstances, we may also collect and hold sensitive information. Sensitive information includes (among other things) information about your health, membership of professional or trade associations or a criminal record. Unless the collection of sensitive information is required or permitted by or under law or a court/tribunal order, we will obtain your consent to its collection. If the sensitive information relates directly to your ability to meet a financial obligation to us, you consent to its collection.

We may be required or authorised by law or by a court/tribunal to collect and hold your personal information in some circumstances. This may include, but is not limited to, the Privacy Act 1988 (Cth), taxation laws, the Competition and Consumer Act 2010 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and in New Zealand, the Privacy Act 2020 and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

We will collect personal information directly from you when you complete an application form for one of our products or services, deal with us over the telephone or in person, send us a letter or visit our website.

On occasions, we may need to collect personal information about you from third parties, such as credit reporting agencies, our business alliance partners, your financial institution, or your agents. If required by law, we will obtain your consent to collect information from third party sources.

As a general rule, collecting and holding your information will be necessary for us to provide a service to you or to maintain our relationship with you. If you provide incomplete or inaccurate information, we may not be able to provide you with the services or products you are seeking.

We hold your information by storing it electronically or physically in secure systems and buildings. We may also store information with third party data storage providers, in which case we will take reasonable steps to ensure that they have privacy arrangements which also comply with the requirements of the Privacy Act. We have implemented measures to safeguard the security of your personal information, including (but not limited to) user access controls and confidentiality agreements.

Additionally, the purposes for which we will generally collect, hold, use and disclose your personal information will include:

• complying with legislative and regulatory requirements;
• considering any application you make to us;
• performing our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing, and staff training;
• managing our rights and obligations in relation to external payment systems;
• conducting market or customer satisfaction research;
• developing, establishing and administering alliances and other arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of our respective products and services;
• developing and identifying products and services that may interest you; and
• (unless you ask us not to) telling you about products and services.

If at any time you supply us with personal information about another person (for example, a referee) you should ensure that you are authorised to do so and you must agree to inform that person who we are, that we will use and disclose their personal information and that they may gain access to it should we hold that information.

If you do not supply us with any information that we request, this may impact the services you receive and/or we will not be able to provide you with our products and services.

Use and disclosure of personal information

We may disclose personal information to our related companies, government or regulatory authorities (where required or authorised by law), outsourced service providers, our external service providers (such as our professional advisers, including accountants, auditors and lawyers) and other parties who provide services to us in connection with the provision of products or services you have sought from us. These parties are prohibited from using your personal information except for the specific purpose for which we supply it to them.

Subject to what is permitted by law, the types of third parties we may disclose your personal information to include:

• financial institutions that provide credit to Cuscal customers;
• credit reporting agencies;
• our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities;
• your referees, including your employer;
• regulatory bodies, government agencies, law enforcement bodies and courts;
• any person or organisation who introduces you to us;
• other organisations with whom we have alliances or arrangements (including rewards programs) for the purpose of promoting our respective products and services (and any agents used by us and our business partners in administering such an arrangement or alliance);
• anyone supplying goods or services to you in connection with a rewards program associated with a facility we provide to you;
• debt collecting agencies;
• other financial institutions, including your credit union;
• external payment systems operators;
• your and our insurers or prospective insurers and their underwriters;
• your guarantors and prospective guarantors;
• an organisation proposing to fund the acquisition of, or acquire any interest in any obligation you may owe us, that organisation’s agents, persons involved in assessing the risks and funding of the acquisition and, after acquisition, the purchaser and any manager.
• any person to the extent necessary, in our view, in order to carry out any instruction you give to us;
• (unless you tell us not to) other organisations (including our related bodies corporate) for the marketing of their products and services.

In some cases, we may need to transfer your personal information outside Australia and New Zealand. Countries where our suppliers might hold personal information overseas currently include the United States of America, United Kingdom, Italy and India.

Your access to your personal information

You have a right to request access to your personal information and to request its correction. If at any time you wish to know what personal information we hold about you, you may request your details by writing to the Privacy Officer, Cuscal Limited at GPO Box 4720 Sydney NSW 2001 Australia or privacy@cuscal.com.au.

Under certain circumstances, where permitted by law, we may not be able to tell you. This may include where:

• it would have an unreasonable impact on the privacy of other individuals;
• the information relates to legal proceedings with you;
• the information would reveal a commercially sensitive decision-making process; or
• we are prevented by law from disclosing the information, or providing access would prejudice certain investigations.

We may charge a fee for accessing your personal information depending upon the circumstances. You will be advised at the time of your request of any applicable fee.

Cuscal will take reasonable steps to ensure that your personal information is accurate, complete and up-to-date. If at any time you believe that the information we hold about you is inaccurate, incomplete or out of date, please tell us by writing to the Privacy Officer, Cuscal Limited at GPO Box 4720 Sydney NSW 2001 Australia or privacy@cuscal.com.au and we will take all reasonable steps to correct our records. If we do not think that the information needs correcting, we will give you a written notice that sets out the reasons and the mechanisms available to complain about our decision to not correct the information.

Security of your personal information

We maintain strict procedures and standards and take all reasonable care to prevent unauthorised access to, and modification and disclosure of, your personal information.

We will take all reasonable steps to protect your personal information from:

• misuse, interference and loss;
• unauthorised access, modification or disclosure.

If we no longer need your personal information (including when we are no longer required by law to keep records relating to you), we will take reasonable steps to destroy or de-identify it.

Where we are aware of reasonable grounds to believe that a data breach has occurred which is likely to result in serious harm to you, we will notify the breach to you and the Australian Information Commissioner and/or New Zealand Privacy Commissioner if and when required by the Privacy Act and/or NZ Privacy Act (as applicable).

Direct marketing

Where we have your consent to do so, we will use your personal details to provide you with information, specific promotions and products that may be of interest to you (including products and promotions of our related companies). Where permitted by law, we may also provide your details to other organisations (including our related bodies corporate) for the purpose of these organisations marketing to you their products and services. If at any time you do not wish to receive further marketing information, you have the option to ask us not to send you any further information about products and services and/or not to disclose your information to other organisations for their marketing purposes. You may do this by writing to the Privacy Officer, Cuscal Limited at GPO Box 4720 Sydney NSW 2001 Australia or privacy@cuscal.com.au.

Government identifiers

Cuscal does not use your tax file number, Medicare number, IRD number, pension number or any other government identifier to identify you. We only use and disclose these numbers for purposes required by law.

Who to contact if you do have a complaint

If you believe the privacy of your personal information is not being adequately protected, you can contact us by phone on +612 8299 9000 or email at privacy@cuscal.com.au. We will make every effort to resolve any issue you may have.

If we do not resolve your complaint to your satisfaction, you can have your complaint reviewed free of charge by the Australian Financial Complaints Authority (AFCA), an external dispute resolution scheme.

AFCA contact details are:
Website: www.afca.org.au
Email: info@afca.org.au
Phone: 1800 931 678 (free call)
Mail: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001 Australia

Time limits may apply to complain to AFCA so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.

You may also raise any concerns directly with the Office of the Australian Information Commissioner (OAIC). The OAIC acts as an impartial third party when investigating and resolving a complaint in relation to the handling of your personal information.

OAIC contact details:
Website: www.oaic.gov.au
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Mail: Office of the Australian Information Commissioner, GPO Box 5218, Sydney NSW 2001 Australia

For New Zealand based individuals, you may raise privacy related concerns directly with the Office of the Privacy Commissioner (OPC).

OPC contact details are:
Website: www.privacy.org.nz
Email: enquiries@privacy.org
Phone: 0800 803 909
Mail: Office of the New Zealand Privacy Commissioner, PO Box 10094, Wellington 6143 New Zealand

Changes to this Privacy Policy

We make changes to this Privacy Policy from time to time. Our Privacy Policy is available on our website (www.cuscal.com) or by calling +612 8299 9000.

Contacting us

If you have any questions regarding this Privacy Policy or would like more information about the way Cuscal manages personal information, our contact details are:

Email: privacy@cuscal.com.au
Phone: +612 8299 9000
Mail: Cuscal Limited, Privacy Officer, GPO Box 4720, Sydney NSW 2001 Australia