Privacy Policy.
Lendhaus Pty Ltd ABN 97 647 449 045 (we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us when providing our “Lendhaus” software as a service and all its capabilities, including the storage of all data acquired against a particular asset, the access to and use of that data by borrowers and lenders, the sending of notifications to borrowers in respect of assets held by them, the interaction of borrowers, lenders and third parties using our software (Services) or when otherwise interacting with you. This Privacy Policy takes into account the requirements of the Australian Privacy Act 1998 (Australian Act) and the New Zealand Privacy Act 2020 (New Zealand Act).
The information we collect
Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
The types of personal information we may collect about you include:
- As a user of our software:
- your name;
- your employer and job title;
- your contact details, including email address, street address and/or telephone number;
- your preferences and/or opinions;
- information pertaining to your property, both real and personal, including their location and value;
- your credit card or other payment details (through our third-party payment processor);
- information you provide to us, including through feedback, customer surveys or otherwise;
- details of services we have provided to you and/or that you have enquired about, and our response to you;
- support requests submitted to us and our response to you;
- information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
- any other personal information requested by us and/or provided by you or a third party.
When you visit our website:
- your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
- your contact details, including email address and/or telephone number;
- your preferences and/or opinions;
- information you provide to us, including through feedback, customer surveys or otherwise;
- details of services we have provided to you and/or that you have enquired about, and our response to you;
- support requests submitted to us and our response to you;
- information about your access and use of our Services, including through the use of Internet cookies, your communications with our online Services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
- any other personal information requested by us and/or provided by you or a third party.
Sensitive information: is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information.
Sensitive information: The types of sensitive information we may collect about you includes your professional associations or memberships.
How we collect personal information
We collect personal information in a variety of ways, including:
- Directly: We collect personal information which you directly provide to us, including when you register for an account, through the ‘contact us’ form on our website, when you interact with or utilise our Services, including by making use of software’s meeting capabilities, or when you request our assistance via email, or over the telephone.
- Indirectly: We may collect personal information which you indirectly provide to us while interacting with us or third parties, such as when you use our website or our software, or over the telephone.
- From third parties: We collect personal information from third parties, such as financial institutions, entities from whom you have obtained, or to whom you have provided, credit, service providers who have referred you to us, details of your use of our website from our analytics and cookie providers and marketing providers. See the “Cookies” section below for more detail on the use of cookies.
Why we collect, hold, use and disclose personal information
As a user of our software:
- to enable you to access and use our software, including to provide you with a login;
- to provide our Services to you;
- to contact and communicate with you about our Services, including in response to any support requests you lodge with us or other enquiries you make with us;
- for internal record keeping, administrative, invoicing and billing purposes;
- for analytics, market research and business development, including to operate and improve our Services and associated applications;
- for advertising and marketing, including to send you promotional information about our Services and other information that we consider may be of interest to you, noting we will comply with all laws that are relevant to marketing (including where you are in New Zealand, the Unsolicited Electronic Messages Act 2007 and Fair Trading Act 1986, and where you are in Australia, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth));
- to comply with our legal obligations and resolve any disputes that we may have; and/or
- if otherwise required or authorised by law.
When you visit our website:
- to provide our website to you;
- to contact and communicate with you about any enquiries you make with us via our website;
- to comply with our legal obligations and resolve any disputes that we may have; and/or if otherwise required or authorised by law.
Sensitive information:
We only collect, hold, use and disclose sensitive information for the following purposes:
- any purposes you consent to;
- the primary purpose for which it is collected, namely for statistical analysis and to assess your credit worthiness;
- secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to provide our Services to you; and
- if otherwise required or authorised by law.
Our disclosures of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation): IT service providers, data storage, web-hosting and server providers, email marketing providers, debt collectors, couriers, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators, financial institutions, borrowers or lenders, as the case may be, or other third parties, with whom you choose to interact using our Services;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- courts, tribunals and regulatory authorities, in the event you fail to pay for services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties to collect and process data, such as Google Analytics (To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time), Facebook Pixel or other relevant analytics businesses; Zoom Video Communications Inc.; and
- any other third parties as required or permitted by law, such as where we receive a subpoena.
Overseas disclosure
Your personal information may be transferred outside of the country in which you are located.
If you are based in Australia, unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.If you are based in New Zealand, before disclosing any personal information to an overseas recipient, we will comply with Information Privacy Principle 12 and only disclose the information if:
- you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act;
- we believe the overseas recipient is subject to the New Zealand Act;
- we believe that the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the New Zealand Act;
- we believe that the overseas recipient is a participant in a prescribed binding scheme;
- we believe that the overseas recipient is subject to privacy laws in a prescribed country; or
- we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).
Your rights and controlling your personal information
Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to provide our Services to you and your use of our Services.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Anonymity: Where practicable we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.
Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.
Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are in New Zealand, you also have the right to contact the Office of the New Zealand Privacy Commissioner and if you are in Australia, you also have the right to contact the Office of the Australian Information Commissioner.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.
Cookies
We may use cookies on our website from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.
Links to other websites
Our website may contain links to other party’s websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Use of Google API Services (this section applies to personal information accessed through Google API Services)
We use Google’s Application Programming Interface (API) Service to display Google maps showing the address and/or location of a property/properties.
Our use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements (set out in the Google API Services User Data Policy).
We limit our use of the personal information that we collect to providing or improving our Services. We do not use the personal information for any other purposes.
We only transfer the personal information to others if it is necessary to provide or improve our Services or as necessary to comply with applicable law or as part of a merger, acquisition or sale of assets where we notify you of this.
We do not use or transfer the personal information for serving ads, including retargeting, personalised or interest-based advertising.
Use of geo-localisation data
We may collect your precise or approximate location for the following purposes:
- to prevent and detect fraud; and
- as permitted by law.
If you do not want us to use your location for the purposes above, you should turn off the location services in your account settings in our software (to the extent applicable) or in your mobile phone settings. If you do not provide location information to us, we may not be able to provide our Services to you.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact us at:
Lendhaus Pty Ltd ABN 97 647 449 045
Email: support@lend.haus