Privacy Policy

Privacy policy

Yellowgate's commitment to its Agreementors, customers, shareholders and the community is spelled out in the company's Privacy Policy.


Yellowgate Limited is committed to the protection of your personal information. This Privacy Policy applies to Yellowgate and each of its subsidiaries, and the expressions "we", "us" and "our" are a reference, collectively and individually, to Yellowgate and each of its subsidiaries.


  • Our Privacy Policy contains the following important information:
  • Australian Privacy Principles
  • Collection of your personal information
  • How we use and disclose your personal information
  • Security of your personal information
  • How to access, correct or update your personal information
  • How to contact us
  • Internet privacy


Australian Privacy Principles


We are bound by the Australian Privacy Principles ("APPs") under the Commonwealth Privacy Act 1998 ("Privacy Act"). This policy explains how we handle personal information in accordance with the APPs.


The APPs and this policy do not apply to our acts and practices directly related to records about our current or former employees and their employment relationship with us. The expression "personal information" is used in this statement to refer to information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in material form or not.


Our separate credit reporting policy sets out how we deal with credit-related information.


Collection of your personal information


We collect personal information so that we can conduct our business.


We collect a broad range of personal information about our customers, prospective customers, agents, dealers, Agreementors, suppliers, service providers and employees.


The types of personal information that we collect from you will depend on how you interact with us. For example, your personal information will be collected when you purchase products, fill in an application form or send us a letter and it may be collected when you visit this website.


This information may include, but is not limited to, names and contact details, date of birth, place or work, credit history, credit card or bank account numbers and other financial details.


When we collect personal information directly from you, we will take reasonable steps at or before the time of collection to ensure that you are aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that you are able to access the information and how to contact us (or example, where personal information is collected on a form, we will generally include a written privacy statement on the form which sets out these details).


We will collect your personal information directly from you where it is reasonable and practicable to do so. Where we collect information about you from a third party, we will still take reasonable steps to ensure that you are made aware of the details set out above.


If you do not provide the personal information we request, we may not be able to provide our services to you, or may not be able to provide the level of service we usually provide.


How we use and disclose personal information


The personal information that you provide to us during interaction on this site, and in other interactions between us, is used to provide you with better service for the supply of our products and services to you. For example, the information we gather from your use of this web site enables us to provide more personalised products and services that are tailored to your needs.


We will not sell, rent or trade your personal information without your consent.


We will only use and disclose information about you for the purpose for which you gave us that information. We may disclose personal information about you to third party services providers who assist us in operating our business (and these service providers may not be required to comply with our privacy policy), our dealers and related bodies corporate, credit providers and credit reporting bodies, credit remediation providers, third party call centres, our professional advisors and government and regulatory agencies. If you are operating a business under a franchise, we may also disclose personal information about you (including your location, financial performance and the details about your agreement(s) with us) to your franchisor for the purpose of discussing your performance under your agreement with us or enforcing your Agreementual obligations. We will take reasonable steps to ensure that such franchisors handle your personal information in accordance with our privacy policy.


We may use, or allow our dealers to use, your personal information for the purposes of direct marketing or promoting our services. You may ask us not to use your information in this way.


We may also use and disclose personal information about you for a purpose (the "secondary purpose") other than the main purpose for which you gave us the information (the "primary purpose") where:


  • You would reasonably expect us to use or disclose the personal information for that secondary purpose and that secondary purpose is related to the primary purpose for which we collected the information (and directly related in the case of sensitive information);
  • You have given us your consent for the personal information to be used or disclosed for the secondary purpose.
  • Where there are reasonable grounds to believe that use or disclosure is necessary to prevent a threat to life or health;
  • Where we suspect that unlawful activity is or has been engaged in and we use or disclose the personal information to investigate the suspected unlawful activity; or
  • The use or disclosure is authorised by law or reasonably necessary to enforce the law.


We may disclose your personal information to third party service providers who are based overseas, for the purposes set out above. Presently, the recipients may be in the USA, and in South East Asia (including Malaysia).


Security of your personal information


We will take all reasonable steps to ensure that all personal information we collect, use or disclose is stored in a secure environment accessed only by authorised persons.


We will take reasonable steps to destroy or de-identify personal information when it is no longer required for the purposes for which we collected it or for legal requirements.


We will properly dispose of all paper files, letters and any other hard copy documents that contain personal information that is no longer required. All information stored in electronic form that is no longer needed will be deleted from our systems. While Yellowgate employs advanced data encryption technology when interfacing with its customers, suppliers and other partners, users should be aware that there is a residual risk in transmitting any data electronically. This risk is inherent in all Internet dealings.


How to access, correct or update your information


We will take all reasonable steps to ensure that all information we collect, use or disclose is accurate, complete and up-to-date. Please contact us if your details change or if you believe the information we have about you is not accurate or complete.


We will, on request, provide you with reasonable opportunity to access your personal information and to request that it be corrected or updated within a reasonable time of the request being made. A fee may apply to such access (but not to the making of the request). Exceptions to your access rights include:


  • Where providing access will pose a serious threat to the life or health or any individual or pose an unreasonable impact on the privacy of an individual;
  • Your request for access is frivolous or vexatious;
  • Where the information relates to existing legal proceedings between Yellowgate and you and the information would not be discoverable in the process of those legal proceedings; or
  • Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of laws, or denying access is specifically authorised by law.


In some circumstances we are permitted to refuse to give access or to correct your personal information. If this occurs, we will provide you written reasons (unless it would be unreasonable to give reasons) and if required, advise you of your right to complain.


How to contact us


If you have an access request or if you have any questions or complaints about the manner in which your personal information has been collected or handled by us, please visit the Contact Us page on this website.


Internet privacy


In addition to the provisions of the Yellowgate Privacy Statement, this section further explains the management of personal information collected through your use of the Yellowgate website.


When you use this website our Internet Service Provider (ISP) may make a record of your visit and log your server address, your domain name, the date, time and duration of your visit, the pages and documents you accessed, the previous site you had accessed (ie the referring url) and the type of browser you are using. This information is collected for statistical purposes only, and Yellowgate will not make any attempt to identify users according to their browsing activity.


In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our ISP's logs.

 

It is also possible that your ISP is logging your activity while you visit our site. This is obviously beyond the control of Yellowgate.


While you are visiting our site we may use cookies. Cookies do not identify you personally, but they may link back to a database record containing personal information about you. You can set your browser to accept or reject cookies, or to notify you whenever cookies are created so that you can decide each time whether to accept them. If you set your browser to reject cookies from our site, your ability to use our site may be limited as certain features may not function correctly, and we may be unable to provide you with the products or services you are seeking. The main purpose of cookies is to identify users (using their IP address) and to facilitate a more personalised web browsing experience.


We also use advertising cookies to collect anonymous data (including users’ demographics and interests), which we may provide to third party vendors such as Google or Hotjar as part of our implementation of some advertising activities, including in connection with Google Analytics.


We and our third party vendors use first party cookies or other first party identifiers, and third party cookies or other third party identifiers, to optimise and serve advertisements to you and to analyse your interaction with advertisements.


We expressly exclude any responsibility for any act or omission of these entities and their collection and use of your cookies and other data.


More information about these third parties’ privacy practices and how to opt-out of their use of your data can be found at:



Where you volunteer personal or business information we will not procure information about you via any alternative means while you visit our site.


The Yellowgate website contains links to websites of third party providers of goods and services. Such websites should contain their own privacy statements and Yellowgate is not responsible for the privacy practices or content of any websites linked to this website.


Changes to this Statement


Yellowgate will occasionally update this Statement of Privacy to reflect company and customer feedback. Yellowgate encourages you to periodically review this Statement to be informed of how Yellowgate is protecting your information.

Credit Reporting Policy

& statement of notifiable matters


Yellowgate Limited and its related companies (referred to in this document as we, us or our) recognise that your privacy is very important and we are committed to protecting the personal information we collect from you. The Privacy Act 1988 (Cth) (Privacy Act), Australian Privacy Principles and registered privacy codes govern how we must manage your personal information.


This Credit Reporting Policy sets out how we collect, use, disclose and otherwise manage credit-related information.


Our separate Privacy Policy sets out how we collect, use, disclose and otherwise manage other types of personal information.


Both this Credit Reporting Policy and the Privacy Policy are available at www.yellowgategroup.com.au, or on request by contacting us as set out below.

Collection

Kinds of information collected


If you apply for credit facilities to support a rental Agreement, we may collect and hold various information related to your assets and financial position, including income details, expense details, asset values and taxation information.


We also collect and use all types of ‘credit information’, ‘credit eligibility information’ and ‘CP derived information’ (as those terms are defined in the Privacy Act).


Credit information is the information we may collect and give to a credit reporting body (such as Equifax). Advantage Information Services and Solutions Limited (Equifax)). This information includes:


  1. identity details;
  2. the fact that you have applied for credit and the amount;
  3. the fact that we are a credit provider to you;
  4. repayment history information;
  5. in specified circumstances, default information (including payment information if you pay a defaulted amount previously listed with a credit reporting body);
  6. advice that payments are no longer overdue and the date on which overdue payments were made;
  7. in specified circumstances, our opinion that you have committed a serious credit infringement and the fact that credit provided to you has been paid or otherwise discharged (including the date of discharge).


Credit eligibility information is the information credit reporting bodies (like Equifax) provide to us.


CP-derived information means any personal information that is derived from information provided to us by a credit reporting body. This could be, for instance, a credit score.


In this policy, we refer to ‘credit-related information’ to capture some or all information referred to above (as the context requires).


Method of Collection


We will collect your credit-related information if you apply for credit from us or our related entities. We will collect this information directly from you in most cases, for instance through telephone calls, through our application forms and processes or via email. We may also collect it from persons acting on your behalf (for instance, dealers, brokers, or financial advisors) or from our related entities.


We also collect credit-related information from credit reporting bodies (such as Equifax) or from other credit providers where permitted by the Privacy Act.

Purposes of Collection, Use and Disclosure

We collect and use your credit-related information in order to assess your application for consumer or commercial credit (or assess your application to be a guarantor in relation to such credit), for securitisation-related purposes, for our internal management purposes that are directly related to the management of consumer or commercial credit, where we reasonably believe that you have committed a serious credit infringement, and where otherwise required or permitted by law.


We may disclose credit-related information about you to:


  1. our related entities, or a person who manages credit, to process an application or manage credit or for related internal management purposes that are directly related to the provision or management of commercial credit;
  2. other persons where we believe on reasonable grounds that you have committed a serious credit infringement;
  3. external dispute resolution providers;
  4. third parties for securitisation purposes;
  5. third parties for the purposes of considering whether to accept an assignment of debt, or to take an interest in the credit provider;
  6. other credit providers where you have consented and where permitted by law;
  7. guarantors or proposed guarantors, where you have consented and where permitted by law;
  8. mortgage insurers;
  9. debt remediation providers (including call centre providers) and debt collectors; and
  10. other persons where required or authorised by law.


We may disclose your credit information to Equifax or other credit reporting bodies as set out in this Credit Reporting Policy from time to time. Details of how to obtain a copy of Equifax’s credit reporting policy are set out in the Notifiable Matters section below.


Overseas Disclosures


We do not presently store credit-related information overseas, but we may disclose credit-related information to credit reporting bodies and other parties overseas. Those parties are located in the USA and South East Asia (including Malaysia).

Access and Correction

You may access the credit information we hold about you, by making a written request. We will respond to your request within a reasonable period. In relation to credit eligibility information specifically, we will provide access within 30 days unless unusual circumstances apply.


Except where prohibited by the Privacy Act and Credit Reporting Privacy Code, we may charge you a reasonable fee for providing access to your personal information (but not for making a request for access).


We may decline a request for access in circumstances prescribed by the Privacy Act, and if we do, we will provide you with a written notice that sets out the reasons for the refusal (unless it would be unreasonable to provide those reasons) and notify you that you may access a recognised external dispute resolution scheme of which we are a member, or make a complaint to the Information Commissioner.


To ensure you have access to the most up-to-date information, you should also request access to credit reporting information held by credit reporting bodies.


Correction


You can ask us to correct your credit-related information. If we are satisfied that your information is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to update your information within 30 days (or such longer period you agree to in writing) and will provide written notice of that correction.


If we form the view that we will not be able to resolve your correction request within the 30-day time period, we will write to you seeking an extension of time, and notify you that you can complain to a recognised external dispute resolution scheme.

Access and Correction

If you wish to make a complaint, please contact us as set out below. Within 7 days we will acknowledge the complaint in writing. We will then investigate the complaint and consult with third parties we consider it necessary to consult with. We will provide you our decision within 30 days from the date of your complaint (unless you have agreed to a longer time frame in writing).


Contact: The Privacy Officer


Street address: Australia

Email address: privacy@ygg.com.au

Telephone: 1300 225 594

Statement of Notifiable Matters Under the Credit Reporting Privacy Code

Under the Credit Reporting Privacy Code, there are several ‘notifiable matters’ that we are required to disclose to you at or before the time of collecting personal information that is likely to be disclosed to a credit reporting body. Those matters are:


  1. the credit reporting body may include the credit information we provide to it in reports, which it then provides to other credit providers to assist those other credit providers to assess your credit worthiness;
  2. if you commit a serious credit infringement, we may disclose this to a credit reporting body;
  3. you can request a copy of this Credit Reporting Policy by contacting us, or obtain it directly from our website;
  4. you can request a copy of Equifax’s credit reporting policy from its website (www.equifax.com.au/privacy) or by contacting them directly by mail to Equifax information Services & Solutions Ltd, PO Box 964, North Sydney, NSW, 2059;
  5. you have the right to access credit information we hold about you, request that we correct the information, and make a complaint, as set out further in the remainder of this Credit Reporting Policy;
  6. you can request a credit reporting body not to use your credit reporting information for the purposes of pre-screening of direct marketing by us; and
  7. you can request a credit reporting body not to use or disclose your credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, the victim of fraud.


You can ask us to provide you a hard copy of this policy (including the Statement of Notifiable Matters).

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