Last Update: 14th October 2021
The Website
Please read the details set out below carefully before using this Website. By accessing this Website, you agree to be bound by the following terms and conditions and disclaimers (the "Terms").
All our products and services are subject to the terms and conditions and disclaimers of the applicable agreement governing their use.
Users
Neither the information, nor any opinion contained in our Website constitutes an offer to sell or solicitation or an offer to buy any financial instruments or any advice or recommendation with respect to such financial instruments.
No offer
You are wholly responsible for the use of the Website by any person using your computer and you must ensure that any such person complies with these Terms.
The Website is currently intended for those who access it from within Australia and who are 18 years of age and over. Because of this we cannot guarantee that the Website or the information thereon complies with or is appropriate for use in other places.
To register with us you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
You will not knowingly transmit any virus or other harmful matter to the Website. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up the Website or any part of it.
Disclaimers and Limitation of Liability
Whilst we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Website, information is provided on an "as is", "as available" basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Website and the materials contained in it are entirely at your own risk. We shall not be liable for any losses or damages, whether direct or indirect, consequential or otherwise that you may suffer as a result of your use of the Website, including but not limited to computer service or system failure, access delays or interruption, data non-delivery or mis-delivery, computer viruses or other harmful components, breaches of security or unauthorised use of the system arising from "hacking" or otherwise or your reliance on the information contained on the Website.
We do not represent or warrant that the Website will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Website.
Nothing in these Terms or in the pages of the Website shall limit our liability for death or personal injury arising out of our negligence, or for fraud, or for any other liability, which cannot be excluded or limited under applicable law.
The information, material and content provided in the pages of the Website may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. Any revised term shall take effect as at the date when the change is made to the Website. You agree to review the Terms regularly and your continued access to or use of the Website will mean that you agree to any changes.
Third party Websites
Links contained in the Website might lead to other websites not under our control, and we accept no liability for the content or availability of any linked site which is not operated by us or any link contained in a linked site not operated by us. Links on the Website are provided to you only as a convenience and the inclusion of any link does not imply reliability and we do not necessarily endorse any pages linked to the Website. Accordingly, you should read the terms and conditions of those websites before using them and direct any questions or comments about the linked website's contents to the relevant website provider.
You are not entitled (nor will you assist others) to set up links from your own websites to the Website (whether by hypertext linking, deep-linking, framing, toggling or otherwise) without our prior written consent, which we may grant or withhold at our absolute discretion. You are also not entitled to direct link (also known as "Hot Link") any images or content without our prior written authorisation.
Internet e-mail
Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for any message lost, intercepted or altered by third parties and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or any message sent by us to you over the Internet.
The Website makes use of cookies. Cookies are files that identify your computer to our server. Cookies in themselves do not identify the individual user, just the computer used. Many sites do this whenever a user visits their site in order to track traffic flows. Cookies themselves only record those areas of the site that have been visited by the computer and for how long. You may prevent the use of cookies by configuring your web browser accordingly, but please note that this may hinder some of the Website functionality.
Trademarks and copyright
You may imprint, copy, download or temporarily store extracts from our Website for your personal information or when you use our products and services. You may not republish, retransmit, redistribute or otherwise make such information or pages available to any other party or available on any website, on-line service or bulletin board of your own or of any other party or make the same available in hard copy or on any other media without our express prior written consent.
Data protection
We may as a result of your interaction with the Website hold and process personal information obtained about you when you access the Website and use it for servicing our relationship with you, for the purposes of fraud prevention and debt collection, to understand your financial needs, to conduct our business and to provide you with better customer services and products. We may pass this information to other agents as permitted by law so that they may do the same and they may pass information held by them about you to us so that we may do the same. We will not disclose any such information outside of the company except for fraud prevention purposes and/or if required/obliged by law or Governmental or judicial bodies or agencies or to our regulators under proper authority, or under a strict code of secrecy to sub-contractors or persons acting as our agents or where we have your consent or have previously informed you.
Exchange of Information with Other Providers
I understand that by providing my consent to exchange my information with credit providers, credit brokers, other referrers and other service providers, this information may be sold to them or disclosed for a fee. The amount of the fee would be determined on referral. I understand where my information is exchanged, it is being exchanged for any of the purposes for which I have consented to the entity, including offering me products and/or services.
I understand that by providing my consent to exchange my information with credit providers, credit brokers, other referrers and other service providers, I am consenting to the entity exchanging all of my application information, such as my identification details, what type of loans I have, how much I have borrowed, whether I have met my loan payment obligations and if I have committed a serious credit infringement (for example, fraud).
The Lender may exchange and sell my customer data to other credit providers and alternate service providers who may use my customer data for any of the purposes for which the Lender can use it. I can request that this authority be withdrawn at any time.
Where permitted by law or for any of the purposes mention in clause 1, the Lender can exchange my Customer Data with third parties including:
Service providers, for example credit providers, lenders, credit file repair services, budgeting services and rental services;
The provider of the market for the sale or distribution of my customer data;
Those to whom the Lender or any of the third parties outsources certain functions, for example direct marketing, statement production, debt recovery and information technology support;
Government and law enforcement agencies or regulators;
Credit reporting bodies and credit providers.
I understand I may be offered a financial product from another lender based on their credit assessment of my application and it may not be the exact same type or amount I applied for.
Promotion of Products and Services
I consent to being contacted by the entity, and any external third parties or agents who act on their behalf, for the purposes of the promotion of products and services. I understand the entity may promote the products of their marketing partners. I understand that I may withdraw my consent and request not to receive promotional communications at any time by contacting the entity.
Electronic Communications
I consent to receive all communications, information and documents, where possible, from the entity through electronic communications, including but not limited to marketing materials and promotions; any other communications, information, or documents that must or will be provided to you or which you have requested.
I understand that by giving consent to receiving electronic communications; communications may be sent via any electronic means, such as SMS and email; electronic media must be regularly checked for communications, information and documents; it is my responsibility to ensure the security of my electronic communications; paper-based documents may no longer be given; consent to the giving of documents by electronic communication may be withdrawn at any time.
Commercial Electronic Messages
I understand that under the Spam Act 2003, the entity may not communicate with me via commercial electronic messages unless I provide my consent. I consent to the entity communicating with me via commercial electronic messages (email, SMS, fax) to provide me with convenient and fast communications.
Electronic Bank Statement Retrieval
By making an application, I consent to the entity using on my behalf an electronic statement retrieval solution to collect my bank statements and transaction information. (If you do not agree you will not be able to proceed to use this online service.) I understand that one or all the following statements retrieval providers may be used;
Proviso (Privacy Policy: https://proviso.com.au/terms/. Terms and conditions: https://proviso.com.au/privacy/.)
Credfin (Privacy Policy: https://www.credfin.com.au/privacy)
I understand that by using an electronic statement retrieval solution, such as those above: I have read and agree to their User Terms & Conditions and Privacy Policies.
I understand I am using these services at my own risk.
I consent to them having read-only access to my bank account transaction data and for this data to be provided to the entity and any party I have consented to.
I understand that the transaction data supplied may include transactions from the previous 12 months from all available accounts.
I understand my user login credentials are encrypted and safely stored by a third-party service provider on their servers in a secure environment outside Australia and that no unauthorised party will have access to this information.
I authorise the entity to use my encrypted login credentials in any future credit services and for the entity to request a read-only transaction history.
Governing law
The Terms are governed by and interpreted in accordance with the laws of New South Wales, Australia and the courts of the above jurisdiction will have non-exclusive jurisdiction in respect of any dispute, which may arise.
Declaration
I declare that I have read and understood this Acknowledgement and Consent document and that I acknowledge, authorise and consent to all the terms that it sets out.
Last Update: 23th February 2022
Market Overflow Pty Ltd, A.B.N 53 621 565 222. We understand the importance of handling your information in a responsible manner and we are dedicated to conducting business in an open and transparent way to reflect this.
Purpose
This privacy policy sets out how we handle and manage your information in compliance with our requirements under the Privacy Act 1988, Australian Privacy Principles and any related privacy codes. More specifically, this policy details how we collect, use, disclose, and hold your information and how you can access and correct this. This policy also contains the details by which you can make a complaint about any perceived breach of the Australian Privacy Principles.
Personal Information
For the purposes of this policy and as defined by the Privacy Act 1988, personal information is information or an opinion about an identified, or an easily identifiable, person. This includes information that may be true or not and includes information recorded or held in any form. Throughout this policy, the terms ‘personal information’ and ‘information’ may be used interchangeably.
Information We Collect and Hold
In the course of conducting our business functions and activities, we may collect and hold personal information about you such as:
We will not generally collect or hold sensitive information, unless you have consented to this and the information is reasonably necessary in order for us to provide one of our products or services. Sensitive information is personal information regarding:
If you should choose not to provide the information we require, we may be unable to provide you with some or all of our services.
Purposes of Information
We collect, hold, use and disclose information that is reasonably required to offer and provide our financial services, and to complete the day to day activates involved with this, such as:
Collection of Information
We will aim to collect information directly from you in the most practical way possible. This will primarily be through online forms, email, verbally over the phone and online chat facilities. Where it is not practical to collect information from you, we may, where you have consented, collect information from external third parties such as:
We may also collect information purchased from external companies to offer you products, where your consent was given to those external companies to do so.
Website Data
We may collect and hold website data if you have visited our website, such as your IP address, your internet service provider, the type of browser you used and the time and date of your visit. Anonymous information such as previous pages visited may also be collected to improve advertising effectiveness.
We may also send you “cookies” to help identify you when dealing with us online. We may send you cookies from our marketing partners Bloomreach and Exponea. A cookie is a small text file that a website may place on your computer or mobile device to remember your preferences and actions you take on our website. The use of cookies may enable us to identify you and the pages you access and the prior site you visited. You can set your web browser to refuse cookies, however this may mean that you are unable to use the full functionality of our websites and services.
We also use online advertising tools such as Google Analytics, Google Ads, Facebook Advertising, Exponea and Bloomreach. These may include Remarketing, Google Display Network Impression Reporting, DoubleClick Platform integrations and Google Analytics Demographics and Interest Reporting. Like cookies, these tools collect data about how you interact with our websites. These tools mean that third-party vendors, including Google and Facebook, use cookies to collect such data and show our ads on sites across the Internet. You can find out more about how Google uses such data and how you can control information sent to Google at www.google.com/policies/privacy/partners. Information about how you can opt out of Google Analytics can be found at https://tools.google.com/dlpage/gaoptout. Information about how Facebook uses your data can be found at https://www.facebook.com/policy.php.
Communication Records
We may collect and hold details of our communications with you such as details of phone calls, emails you may have sent us, transcripts from our online chat services and written communications you send us by post.
Holding Information
Any personal information we collect will be held in a secure electronic form. We use both our own secure independent software and trusted external cloud based services and storage solutions to hold your information. To protect your information, we use a combination of security measures such as monitoring our external service providers, continuously improving our own internal software and developing and implementing internal processes. We may hold your information for as long as we need to continue to offer a particular service, or for a period specified by law. As we use several cloud-based services, some of your information may be stored overseas.
Disclosure of Information
We will not disclose your information to anyone unless:
Depending on the particular circumstances, we may disclose your information to: personal next of kin contacts, business referees, such as employers and business partners, debt collection agencies, other credit providers and financial institutions, Credit reporting bodies, our financiers, insurers and auditors, our contractors, agents or service providers we use to offer our services, including payment system providers, any person who is acting on your behalf, such as authorised third parties, powers of attorney, guardians, financial councillors or advisors, solicitors and administrators, government regulators such as ASIC, Australian Taxation Office, Centrelink and other government departments, Australian law enforcement bodies and courts/tribunals, any other entity, such as credit providers or lead service providers, who we may sell your personal information to for a fee, for the purposes of offering you their products or services or on-selling your information for the same purposes as it was sold to them, any other persons or entities who you have consented to, any other persons or entities made reference to in this policy.
We will not disclose your information to entities that do not have an Australian link.
Exchange of Information with Credit Reporting Bodies
Equifax Advantage Information Services and Solutions Limited
Email: Membership.query@veda.com.au
Privacy Policy: http://www.equifax.com.au/privacy
Illion (formerly Dunn & Bradstreet)
Email: publicrelations@dnb.com.au
Privacy Policy: http://dnb.com.au/privacy-policy.html
Electronic Identity Verification
We may also disclose some of your personal information to a credit reporting body for the purpose of verifying your identity, where you have given your consent to do so. The information we will disclose for this purpose includes details such as your name, date of birth, address and drivers license details, which the credit reporting body will attempt to match against information held by them. Upon our request, the credit reporting body may also prepare an assessment about whether the disclosed information, as outlined above, match’s personal information held by them. If this check does not produce a match, you will have the opportunity to provide further documentation to verify your identity. The details of the credit reporting body that we conduct these checks with are as follows:
Veda Advantage Information Services and Solutions Limited
Phone 1300 850 211
Email : Membership.query@veda.com.au
Privacy Policy http://www.veda.com.au/privacy
Promotion of Products and Services
We may use your personal information that we collect to contact you about our products and services from time to time. We may also purchase information for the use of promotional activities where consent has been given for this.
We may also use your information to promote and market products and/or services provided by us or our associated entities that we believe will be of interest and/or benefit to you, and to provide to other entities so that they may promote and market products and/or services to you that we believe will be of interest and/or benefit to you. We may also share customer data with third parties, for example advertising networks/search engines, to perform marketing services on our behalf.
If you do not wish to be contacted for this purpose, you can opt out of these services at any time by contacting us at the contact details listed in the ‘Contact Us’ section of this document.
Access to Information
If you would like to access information we hold about you, you can contact us on the details listed in this documents ‘Contact Us’ section. Although you do have a right to access information we hold about you, there are some exceptions, and as such requests will be subject to some consideration. We will endeavour to respond to these requests as soon as practically possible after they are made and if we are for any reason unable to comply with your request, we will notify you of this.
Correction of Information
You can request that we correct information that we hold about you. If we are satisfied that the information is inaccurate, out-of-date or incomplete, we will correct it as soon as practically possible, and always within 30 days from the date the request is made. To make such a request, you can contact us on the details in the ‘Contact Us’ section of this document. We will not charge a fee for the correction of information.
Making a Privacy Complaint
If you believe there has been a breach of the Australian Privacy principles or any relevant privacy codes, we would encourage you to contact us on our general contact details listed in this documents ‘Contact Us’ section. Most complaints are common misunderstandings, and a simple conversation will usually resolve the issue.
If we are unable to resolve your complaint with our internal processes, you may refer it to our external dispute resolution scheme or to the office of the Australian information Commissioner. You can contact these bodies at:
Credit and Investments Ombudsman Ltd
Phone: 1800 138 422
Fax: (02) 9273 8440
Mail: PO Box A252, South Sydney NSW 1235
E-Mail: info@cio.org.au
Website: www.cio.org.au
Privacy Commissioner
Phone: 1300 363 992
Fax: (02) 9284 9666
Mail: GPO box 5218, Sydney NSW 2001
E-Mail: enquiries@oaic.gov.au
Website: www.privacy.gov.au
If you would like more detail on dispute resolution processes, please see our Dispute Resolution Statement
Contact Us
If you have any questions with regard to this privacy policy, or would like to know more about our management and use of information, you can contact us at:
Email: info@overflow.com.au
Website: www.marketoverflow.com.au
We will endeavour to respond to any queries or requests as soon as practically possible.
Do you really need a loan today? * It can be expensive to borrow small amounts of money and borrowing may not solve your money problems. Check your options before you borrow:
* This statement is an Australian Government requirement under the National Consumer Credit Protection Act 2009.