Privacy Statement Pursuant to the Privacy Act 1993 the following is brought to your attention:
This application form collects personal information about you (Information) so that Fingate Solutions Limited (Fingate) can offer you its products and services, process your application, carry out credit checks, verify your identity and monitor your ongoing credit-worthiness.
The intended recipients of the Information are Fingate (which is part of the Fingate Solutions Group), other members of the Fingate Group of companies, other providers of credit, credit reference agencies, research and/or marketing firms engaged by Fingate.
Other providers of credit may also use your personal information to carry out credit checks, verify your identity and monitor your ongoing credit-worthiness.
The Information will be collected and held by Fingate, Suite 106, The Zone, 23 Edwin Street,
Failure to provide or provision of incorrect Information may result in any application for credit being declined, or your being unable to open a loan via Fingate.
You have rights of access to, and correction of, personal information held by Fingate.
We will endeavour to ensure that Information held by us is accurate. Accordingly, please advise us of any changes in your personal contact details such as residential or email address, or telephone or facsimile numbers as soon as possible.
Fingate Limited ("Fingate") complies with New Zealand's Privacy Act 2020, which deals with the collection, storage, use and disclosure of personal information. Where personal information is provided to us, Fingate maintains and uses that information in strict conformity with the Privacy Act. Fingate’s address is Suite 106, The Zone, 23 Edwin Street, Mount Eden, Auckland, 1024.
2. Purposes of our Use and Disclosure of Your Personal Information
2.1 Current and Future Purposes of Use:
Personal information is used for a number of purposes by Fingate, including:
• to enable third party Financial Service Providers to assess your credit history, including by way of obtaining your credit history from credit reporting agencies
• to enable third party Financial Service Providers to process your loan
• to carry out our business;
• to update your records with us;
• communication between us and in order to service our relationship with you;
• to prevent money laundering and other criminal activities; and to identify and prevent fraud;
• to enable third party biometrics ID verification agencies to proof your identity
• to identify which of our products or our partners' products might be of interest to you and to offer you both new and improved Fingate products;
• to conduct regulatory checks; and
• if you consent, information about your credit information and score, how to correct, manage and improve it (provided that you acknowledge that we do not give you financial advice in this regard) and pass on any credit alerts that we receive.
In order to achieve some of these purposes, we may disclose your personal information to credit reporting agencies, third party biometrics ID verification agencies and third party Financial Services Providers, which both collect and supply such information to us on an enduring basis.
2.3 Credit Reporting Agency Privacy Obligations:
Where applicable information is shared with these credit reporting agencies, they are obliged to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided. Such credit reporting agencies are also required to comply with the Credit Reporting Privacy Code. We will take reasonable steps to ensure recipients of this information do not breach New Zealand privacy laws in relation to the personal information we disclose, including by liaising to request correction of your personal information if necessary.
2.4 Biometrics ID verification agency Privacy Obligations:
Where applicable information is shared with these biometrics ID verification agencies, they are obliged to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided. We will take reasonable steps to ensure recipients of this information do not breach New Zealand privacy laws in relation to the personal information we disclose, including by liaising to request correction of your personal information if necessary.
3.1 Consent to Sharing:
By providing personal information to Fingate, you are consenting to sharing that information with/from our affiliates, credit referencing agencies, lenders, biometrics ID verification agencies, customer service providers and third-party companies for the purposes set out above and for the purposes of them telling you about their services or products. You also consent to sharing that information with government or regulatory or judicial authorities in order to comply with the law and/or for the purpose of fraud prevention.
3.2 Your Consent:
4. The Type of Information we Collect
4.1 Personal Information:
Fingate collects personal information from the following sources:
• your online application; and
• outside sources such as credit reference agencies and biometrics ID verification agencies
(a) Fingate may also collect information about your computer. This information may include your IP address, operating system and browser type. This is collected using a small 'cookie' file which is stored on the hard drive of your computer. Cookies have the potential to help us improve and enhance your service experience at Fingate.
4.3 Overseas Credit Reporting Agencies:
(b) If you do not want your computer to receive new cookies, you can ask your browser not to accept them. This function is possible under the 'Help' section of most browsers. If you choose to prevent cookies being accepted, you may not be able to access some pages.
Where we engage an overseas credit reporting agency, we will take steps to ensure that your information is protected by the same, or higher, safeguards as provided by the Privacy Act 2020.
5. Additional Purpose - Disclosing your Information to Third Parties
Fingate may pass on your personal information to selected third parties only in limited circumstances as set out below. These third parties may use your personal information to contact you by email, telephone, post, SMS or other reasonable means.
We may disclose your personal information to a third party if:
• we have a duty to disclose your personal information in order to comply with a legal request;
• our business or a substantial amount of its assets are acquired by a third party (in which case personal information held about those who have registered with Fingate, used this website or our services will be one of the transferred assets);
• we decide to buy any business or assets (in which case we may disclose your personal information to the seller of any such business or assets); or
• we decide to sell any business or assets (in which case we may disclose your personal information to the buyer of any such business or assets).
6. Limiting Use of Personal Information
6.1 Opt Out:
Fingate complies strictly with New Zealand's Privacy Act 2020 which, in part, deals with the holding and use of personal information. In line with the Privacy Act, Fingate ensures that you must consent to receiving marketing information and you may opt-out of our use of your personal information for marketing purposes at any time by sending us an email to firstname.lastname@example.org. If you opt out of our use of your personal information for marketing purposes, we will do our utmost to respect this request once we have had a reasonable opportunity to process your request.
6.2 Storage and Correction:
6.3 Data Breach Reporting:
We will comply with the mandatory data breach reporting regime under the Privacy Act, which will require us to notify the Privacy Commissioner and you if any data breach causes or is likely to cause serious harm to you.
6.4 Marketing Contact from Fingate and Third Parties:
You understand and agree by submitting an application to us, that we may contact you from time to time at your email address, SMS, postal address, phone number, mobile number, fax or by other electronic means to help manage your loan applications, for marketing purposes, for market research or to discuss other products and services offered by Fingate or other companies that we believe may interest you.
7. Access to Products, Facilities and/or Services
If you choose not to provide all the information requested on an application form, Fingate may choose to decline your application and otherwise restrict the products, facilities and/or services available to you.
8. Use of Emails
You will receive emails from Fingate if you submit a Fingate online loan application.
9. Third Party Links
10. How to Contact Fingate
If you would like to access, correct or delete any of your personal information that we hold about you or would like to contact us with any queries or comments, please find us at email@example.com
By completing the application, you acknowledge and agree to the following:
Please read this carefully. This sets out the conditions which govern your use of this website and of any material that may be made available. Only use this website if you agree to the following conditions.
Use Of This Website
Any products or services you apply for from this Website will be covered by separate terms and conditions identified at the time.
Please note that we make this Website available to you at our discretion and as such we may terminate your access at any time without notice.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities. In the event of such a breach, your right to use our Website will cease immediately.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
Access To Website
Unless otherwise specified, the information on the Website is directed solely at those who access the Website from New Zealand and at those who are New Zealand residents. We cannot therefore guarantee that this Website or the information held within this Website is appropriate for places other than in New Zealand.
On the Website you may be offered various links to other websites, which we hope you will be interested in and enjoy. Any link is not intended to be, nor should be construed as, an endorsement of any kind by us of that other website. We are not responsible for the protection and privacy of any information, which you provide whilst visiting other websites, and our Privacy Statement does not govern such sites. We cannot control the content or the security of any third party websites, and we do not accept any responsibility for the content of any sites not owned or operated by Fingate Solutions Limited. Linking to such websites is done at your own risk and we make no representations as to the websites' content.
You may not create a link to this website from another website or document without our prior written consent.
Nothing on this Website is intended to be nor should be construed as an offer to enter into a contractual relationship, and nothing contained in the Website shall form a contract or part of a contract other than as expressly provided in these Website Terms and Conditions.
If you choose, or you are provided with, a customer code, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms and Conditions.
Our aim is to please but we know that sometimes things go wrong. If you have a problem, we want to know. Our staff will be happy to help you either on the telephone or in writing. Should you need to write to us, please address your complaint to Fingate Solutions Limited, Suite 106, The Zone, 23 Edwin Street, Mt Eden, Auckland 1024 or you can contact our Customer Resolutions Team by email at firstname.lastname@example.org.
General Consumer Information
Our staff can provide more detailed information and answer your questions about Fingate Solutions Limited products and services. If you would like more general information, the Financial Services Complaints Authority (FSCA), the financial services watchdog, provides a range of free consumer booklets and fact sheets and a Consumer Helpline. Visit their website at http://www.fscl.org.nz/. The FSCA can only give general information and cannot recommend the products of any company.
All information, design, text, graphics and the selection or arrangement thereof is copyright owned by or licensed to us or third parties associated in the appearance of the Website. You may copy electronically and print in hard copy portions of the Website solely for the non-business related purpose of using the Website to seek information of the kind shown by the Website. Any other use of materials on the Website (including reproduction for purposes other than those noted above and amendment, updating, distribution or re-publication) without our prior written permission is forbidden. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. If you use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us, or our licensors, in breach of these Website Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Fingate Solutions Limited owns the various trade marks displayed on the Website, including Fingate Solutions logos. All trade marks, product names and company names or logos cited herein are the property of Fingate Solutions Limited. No permission whatever is given by us in respect of the use of any such trade marks, product names, company names, logos or titles and such use may constitute compromising of these rights.
Legal Exclusions and Limitations
While we take every care to ensure that the standard of the Website remains high and to maintain the continuity of the Website, the Internet is not a stable medium and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Website (or any particular part of it) or to provide the services offered on the Website.
The information given on the Website is given in good faith and for general information and interest only. It is subject to change without notice. We make no representations or warranties about the accuracy, completeness, freedom from viruses, availability, reliability or suitability for any purpose of the information and related graphics published on the Website (including all texts, advertisements, links or other items) which may contain technical inaccuracies and typographical errors. We and all content providers and contributors to the Website disclaim and exclude to the fullest extent permitted by law all liability for any loss or damage whatsoever whether arising in tort, contract, equity or otherwise and arising out of or in relation to or in connection with your access to or use of or inability to use the Website and accept no liability in connection with any virus, defect, error, omission, or system failure associated with the connection to this website or any links to third party sites.
We are not providing any legal, accounting or any other professional advice or opinion on specific facts or matters and (other than in the case of fraudulent misrepresentations and representations expressly made in these Website Terms and Conditions and in our Privacy Statement) we exclude all representations and offer no warranties to the maximum extent permitted by law. To the maximum extent permitted by law, we (including our directors, officers, employees or agents) will not be liable for damages arising out of or in connection with the use of the Website or the information contained in it. This is a comprehensive limitation of liability that applies to all damage of any kind including (without limitation):
• compensatory damages,
• direct damages
• indirect or consequential damages,
• loss of data,
• loss of income or profit,
• loss of opportunity, and
• loss of or damage to property and third party claims
save that nothing in the Website Terms and Conditions or any content of the Website shall exclude or restrict liability for death or personal injury resulting from our negligence or that of our directors, officers, employees or agents or in any other respect that is prohibited by law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in the relevant terms and conditions provided to you separately.
Where appropriate your statutory rights are not affected by these Website Terms and Conditions.
We shall not be held liable for any breach of these Website Terms and Conditions or any failure to provide or delay in us providing our services through this Website resulting from any occurrence beyond our reasonable control including (without limitation) strikes, lock-outs and other industrial disputes, break-down of systems or network access, fire, explosion or accident failure of any third party telecommunications or service provider.
Should any part of these Website Terms and Conditions be found to be void, unlawful or unenforceable, it shall be deemed severable from the rest of the terms and conditions so that it is not effective to the extent that it shall not affect the validity of the remaining terms and conditions (or parts) of the Website Terms and Conditions, which shall remain valid and enforceable.
Privacy Notice and Authorisation to Broker
ACKNOWLEDGEMENT: To the creditor, Latitude Financial Services Limited, P O Box 4058, Shortland Street, Auckland 1140 ("Latitude").
Important Privacy Notice
I/We understand there is no obligation to provide personal information, including driver licence details, but if I/we fail to supply any information requested, or do not agree to any of the disclosures detailed in this acknowledgement, my/our application may not be accepted. I/We certify that all information contained in this application is true and correct, and where applicable, I have the permission of my spouse/partner to disclose his/her personal information.
I/We authorise Latitude to make all necessary enquiries and receive information concerning my/our credit rating, any outstanding fines, residence, employment and my/our identity from other credit providers, credit reporters, identity verification service entities, government agencies, employer, accountant, or other named persons, and where applicable, to obtain such information relating to my/our driver licence(s) from NZ Transport Agency as is authorise by the Land Transport Act 1998, for the purpose of considering this application. I/we agree that this authority may be provided to such parties for these purposes. I/We agree that my personal information may be shared with NZ Post, or any other entity employed by Latitude, for the purpose of verifying my/our identity. Throughout the loan application process, I/we also agree that my personal information may be shared with Fingate Solutions Limited for the purpose of completing my/our loan application. I/we consent to Fingate Solutions Limited emailing us any documents you may provide to them, which may contain personal information.
I/We understand that Latitude will give my/our personal information to credit reporters and that those credit reporters may hold the information on their systems and disclose it to authorised users of the credit reporters' services. I/we also understand that information about my creditworthiness and credit history may be disclosed to any credit provider named in a credit report relating to me/us.
I/We acknowledge that if Latitude provides finance it may collect and monitor such personal information about me/us as is necessary for the administration and protection of such credit (including without limitation utilising any credit reporters monitoring services to receive updates if the information held about me/us changes), and may disclose repayment history information, details relating to my/our account, and any
payment default information to credit reporters which may hold the information on their systems and disclose
it to authorised uses of the credit reporters services. Latitude may also (if necessary) disclose my/our personal information to fraud reporting agencies and to any person Latitude may appoint to assist in enforcement of any agreement between Latitude and me/us.
I/We agree that where I/we have requested insurance cover through Latitude, Latitude may disclose such
personal information to Hallmark Life Insurance Company Limited and Hallmark General Insurance Company Limited or any other insurer as is necessary to enable those companies to consider that request.
I/We authorise Latitude and all of its related entities to share and use all personal information held about me/us now or in the future to offer me/us now or in the future to offer me/us further finance, to consider any future application of finance from me/us, and to offer or provide me/us with details of other products and services from time to time. The personal information will be held at the offices of Latitude. Where the personal information may readily be retrieved, I/we shall have access to it and the right to request correction.
I/We agree that Latitude may communicate with me/us via mail, email or telephone (including SMS/MMS) for all purposes but understand that there may be security risks relating to the electronic transmission of information, and that Latitude cannot guarantee confidentiality. If my/our application is approved, I/we consent to all disclosure documents required for the purpose of the Credit Contracts and Consumer Finance Act 2003 being sent either by mail or in electronic form.
Gem Personal Loans are provided by Latitude Financial Services Limited
In accordance with the Financial Advisers Act 2008, Fingate Solutions Limited is required to provide you with disclosure of specific information e.g. their contact details, fees and dispute resolution arrangements etc. I/we confirm that I/we have been provided with that disclosure from Fingate Solutions Limited.
I/we understand Fingate Solutions Limited will receive a commission from Latitude Financial Services Limited for the referral and settlement of my/our personal loan application.
I/we understand that my/our application for credit from Latitude may be made in writing on Latitude’s forms, or electronically via Latitude’s online application system. I/we confirm that I/we wish to make an application electronically.
I/we have authorised the Broker to complete and submit my/our application electronically, on my/our behalf and in my/our name, and to provide any additional information or documentation requested by Latitude, as if I/we were making the application and providing such information and documentation myself/ourselves.
I /we hereby authorise Latitude to accept any application made in my/our name and to rely on such application, with no need for further enquiry as to whether the application was made by me/us or the Broker. I/we authorise Latitude to communicate with the Broker directly about my/our application and to rely upon the correctness of the content of any such application or information provided on my/our behalf by the Broker.
“Important Privacy Statement and Acknowledgment– Nectar NZ Limited (Nectar), Level 1, 22 Fanshawe Street, Auckland 1010
I/we authorise Nectar to make all necessary enquiries and receive personal information, including bank statements provided by my/our bank(s), for the purpose of considering my/our credit application. I/we agree that this authority may be provided to my/our bank(s) for these purposes. I/we agree that any personal information obtained through such collection may be shared with Fingate Solutions Limited, its directors and employees for the purposes of completing my/our credit application.
There is no obligation to provide personal information, including bank statements, to Nectar for credit assessment purposes. However, I/we understand that if I/we fail to supply any requested information, or do not agree to any of the disclosure detailed in this statement, then my/our credit application may not be accepted.
I/we understand that Nectar may give my/our personal information to credit reporting agencies and that these agencies may hold the information on their systems and disclose it to authorised users of the credit reporting services. I/we also understand that information about my credit-worthiness and credit history may be disclosed to any credit provider named in a credit report relating to me/us.
I/we authorise Nectar and all of its related entities to share and use all personal information held about me/us now or in the future to offer me/us now in the future further finance, to consider any future application for finance from me/us, and to offer or provide me/us with details of other products and services from time to time.
I/we acknowledge that this personal information will be held at the offices of Nectar.
I/we shall have the right of access to the information and the right to request correction.