Thank you for applying for a credit facility with Melbourne Market Credit Service ABN 96 159 237 724.
This online application service has been provided so we can process your application as quickly as possible.
To complete your application, we will ask for the following information to be provided:
CreditorWatch Pty Limited ACN (144 644 244) (“CreditorWatch” or “we”, “our” or “us”) is bound by the Privacy Act 1988 (as amended) (“Privacy Act”), including the Australian Privacy Principles. This Privacy Policy sets out how we treat the personal information that we collect, use and disclose and our procedures regarding the handling of personal and sensitive information, including the collection, use, disclosure and storage of information, as well as the right of individuals to access and correct that information.
From time to time, we may revise or update this Privacy Policy or our information handling practices. If we do so, the revised Privacy Policy will be published on our website www.creditorwatch.com.au
CreditorWatch may collect personal information in order to conduct our business, to provide and market our services and to meet our legal obligations. By using our website or our services, or by providing any personal information to us, you consent to the collection, use and disclosure of your personal information as set out in this Privacy Policy.
The types of personal information we may collect and hold includes (but is not limited to) personal information about:
Personal information that we collect and may hold include:
You are not obliged to provide personal information to CreditorWatch. However in many cases, if you do not provide your personal information to us, we may not be able to supply the relevant product or service that you have requested from us.
In some circumstances, you may provide to us, and we may collect from you, personal information of a third party. Where you provide the personal information of a third party, you must ensure that the third party is aware of this Privacy Policy, understands it and agrees to accept it.
If it is necessary to provide specific services to you, we may collect sensitive information about you. Under the Privacy Act, “sensitive information” includes but is not limited to information or an opinion about an individual’s racial or ethnic origin, religious belief, or criminal record and also includes health information about an individual. However, we will only collect sensitive information from you if you agree to provide it to us, you authorise us to obtain it from a third party or where the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order or otherwise where the collection is not prohibited under the Privacy Act. We will only use sensitive information in accordance with the Privacy Act and for the purpose for which it is provided.
We collect personal information in the following ways:
We may also collect information about you from third party suppliers and government database services.
We store personal information in computer storage facilities and paper-based files. We take steps to protect your personal information against loss, unauthorised access, use modification or disclosure. Some examples of the steps we take to protect your personal information include:
Information that may identify you as a user may be gathered during your access with our website.
Our website includes pages that use ‘cookies’. A cookie is a unique identification number that allows the server to identify and interact more effectively with your computer. The cookie assists us in identifying what our users find interesting on our website.
A cookie will be allocated each time you use our website. The cookie does not identify you as an individual in our data collection process, however it does identify your Internet Service Provider.
You can configure your web browser to refuse cookies. If you do so, you may not be able to use all or part of our website.
CreditorWatch, or its related body corporates in the ATI Group, may collect some personal information that is a government related identifier.
Personal information from identity documents may be provided to the document issuer or official record holder via third party systems for the purpose of confirming your identity, for example, the Australian Government’s Document Verification Service (DVS). Where CreditorWatch does collect government related identifiers, they are maintained on a separate database for audit and compliance purposes.
CreditorWatch may use or disclose a government related identifier where:
We collect, hold, use and disclose personal information for a variety of business purposes including:
We also collect, hold, use and disclose your personal information to:
If you do not wish to disclose your personal information for the purpose of direct marketing or you would like to opt-out of receiving direct marketing communications, you can do so by contacting the CreditorWatch Privacy Officer using the contact details set out below, or by following the instructions to unsubscribe which are contained in a communication that you receive from us.
The ATI Group and Related Companies
The ATI Group includes our parent company Australian Technology Innovators Pty Ltd, LEAP Legal Software Pty Ltd, InfoTrack Group Pty Ltd and their subsidiaries, CNCNA Pty Ltd (trading as eCompanies), InfoTrack Limited (NZ), InfoTrack Group Limited (UK) and its subsidiaries, and LotSearch Pty Ltd. Different companies within the ATI Group provide different services.
The ATI Group may share information with our integration partners to ensure the smooth running of the services which we, and they, provide. These partners include Sympli Pty Ltd, Practice Evolve Group Pty Ltd and its subsidiaries, Legal Software Developments Pty Ltd and its subsidiaries, and other partners as mentioned on our website and updated from time to time. At times, we may need to provide personal information to them to help them run their businesses or for reporting purposes. We may also share your personal information within the wider Australian Technology Innovators Pty Ltd group companies (ATI Group) and with our service providers for the purposes outlined above.
Third Party Service Providers
We may disclose your personal information to third party service providers who assist us in providing the services you request, including public authorities and providers of information services.
We may also disclose your personal information to third parties who work with us in our business to promote, market or improve the services that we provide, including:
We may also combine your personal information with information available from other sources, including the entities mentioned above, to help us provide better services to you.
Where we do share information with third parties, we require that there are contracts in place that only allow use and disclosure of personal information to provide the service and that protect your personal information in accordance with the Privacy Act. Otherwise, we will disclose personal information to others if you’ve given us permission, or if the disclosure relates to the main purpose for which we collected the information and you would reasonably expect us to do so.
As a credit reporting agency, we may share your credit information in accordance with industry consumer credit reporting standards including:
These standards ensure that your personal information in relation to your consumer credit is managed regarding:
We do not presently disclose personal information to any organisations located overseas; however, we do disclose information in Australia, for the purposes described above, to some multinational organisations that are located both in Australia and overseas, including the United Kingdom, the United States and New Zealand.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you.
CreditorWatch is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Policy, CreditorWatch is able to process your Personal Information in accordance with this Privacy Policy.
In providing services to you, CreditorWatch may make use of a number of automated processes using your Personal Information and your activity on our site as tracked by us, in order to provide more tailored and relevant services to you.
In addition to your rights set out above, you may update or rectify any of your Personal Information that we hold about you, in the manner described in the “How you can access your personal information” paragraph above.
You have a right to request access to your personal information which we hold about you and to request its correction. You can make such a request by contacting the CreditorWatch Privacy Officer using the contact details set out in this policy.
We will respond to any such request for access as soon as reasonably practicable. Where access is to be given, we will provide you with a copy or details of your personal information in the manner requested by you where it is reasonable and practicable to do so.
We will not charge you a fee for making a request to access your personal information. However, we may charge you a reasonable fee for giving you access to your personal information.
In some cases, we may refuse to give you access to the information you have requested or only give you access to certain information. If we do this, we will provide you with a written statement setting out our reasons for refusal, except where it would be unreasonable to do so.
We will take such steps (if any) as are reasonable in the circumstances to make sure that the personal information we collect, use or disclose is accurate, complete, up to date and relevant.
If you believe the personal information we hold about you is inaccurate, irrelevant, out of date or incomplete, you can ask us to update or correct it. To do so, please contact us using the contact details listed below.
If we refuse your request to correct your personal information, we will let you know why. You also have the right to request that a statement be associated with your personal information that says you believe it is inaccurate, incomplete, irrelevant, misleading or out of date.
If you have any questions about this Privacy Policy, if you wish to correct or update information we hold about you or if you wish to request access or correction of your personal information or make a complaint about a breach by CreditorWatch of the Australian Privacy Principles (including the way we have collected, disclosed or used your personal information), please contact:
CreditorWatch Privacy Officer GPO Box 4029 Sydney NSW 2001 privacy@creditorwatch.com.au 1800 738 524
We will acknowledge and investigate any complaint about the way we manage personal information as soon as practicable. We will take reasonable steps to remedy any failure to comply with our privacy obligations. If you are unhappy with our handling of the complaint, you may contact the Australian Information Commissioner.
Last update: 29 May 2019
Privacy Policy
This Privacy Policy forms part of the Agreement between the Buyer, Seller or Buyer/Seller as the case may be and the MMCS.
In this Privacy Policy, the terms us, we, or our refers to FSL NOMINEES (AUST) PTY LTD ACN 159 237 724 [t/as Melbourne Markets Credit Service] (“MMCS”) and our related bodies corporate. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your personal information in accordance with Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles.
By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.
Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information, including your credit card information.
What personal information do we collect?
We collect personal information about customers (and any guarantors), prospective customers (and any prospective guarantors) and website users which
may collect the following types of personal information:
name; mailing or street address; email address; telephone number; and other contact details; driver’s licence number; age or date of birth;
credit card information;
your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
details of the products and services we have provided to you or that you have enquired about, including any additional information necessary to deliver those products and services and respond to your enquiries;
any additional information relating to you that you provide to us directly through our website or app or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information;
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is reasonably
necessary for, or directly related to, one or more of our functions or activities. We
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information provided to us by a credit reporting agency or other business that provides information about credit worthiness or other information connected with your business, trade or profession;
information you provide to us through customer surveys; or
any other personal information that may be required in order to facilitate your
dealings with us.
How do we collect your personal information?
We may collect these types of personal information either directly from you, or from third parties, for example, when we conduct a credit history check. We may collect this information when you:
register on our website;
apply to be a buyer or a seller or a buyer and a seller with us;
information collected from ‘cookies’ or other similar tracking technologies on our website;
communicate with us through correspondence, email, or when you share information with us from other services or websites; or
interact with our sites, services, content and advertising.
Why do we collect, use and disclose personal information?
We may collect, hold, use and disclose your personal information for the following purposes:
to enable you to access and use our website and our services;
to consider your application to be a customer with us, to verify your identity or
to detect and prevent fraud;
to answer your inquiry and communicate with you generally, including by email, mail or telephone
to operate, protect, improve and optimise our website and our services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
to administer surveys, promotional activities or events sponsored or managed by us or our business partners;
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to investigate any possible breaches by you of any of our terms and conditions;
to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
to collaborate with a trusted third party, whether or not that third party also holds other information about you.
You consent to us:
making enquiries to verify your credit history and worthiness under Section 20F of the Privacy Act;
seeking from or giving to other credit providers details of your credit worthiness and, if it is necessary to collect overdue payments;
seeking from a credit reporting agency a credit report for the purpose of collection of overdue payments or issuing an adverse credit report.
Do we use your personal information for direct marketing?
We and/or our carefully selected business partners may send you direct marketing communications and information about our services. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).
To whom do we disclose your personal information?
We may disclose personal information for the purposes described in this privacy policy to:
our employees and related bodies corporate;
third party suppliers and service providers, including providers for the operation of our websites and/or our business or in connection with providing our products and services to you (including billing and debt- recovery; customer inquiries; information technology services; marketing services and market research; the operation of our website and fulfilment of our services; and website usage analysis);
professional advisers, dealers and agents;
payment systems operators (eg merchants receiving card payments);
credit reporting agencies or providers;
our existing or potential agents, business partners or partners;
anyone to whom our assets or businesses (or any part of them) are transferred;
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specific third parties authorised by you to receive information held by us; and/or
other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
Disclosure of personal information outside Australia
When you provide your personal information to us, you consent to the disclosure of your information outside of Australia and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with Australian Privacy Law. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Australian Privacy Principles.
Using our website and cookies
We may collect personal information about you when you use and access our website.
While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.
We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.
We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.
Security
We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we take reasonable steps to destroy or permanently de-identify personal information once it is no longer needed for any purpose for which the information may be used or disclosed. We also take reasonable steps to ensure our employees and contractors access your personal information on a “need to know” basis and require them to perform their duties in a manner that is consistent with Australian privacy law. However, we cannot guarantee the security of your personal information.
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Links
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites
Accessing or correcting your personal information
You can access the personal information we hold about you by contacting us using the Contact Us information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.
If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.
Making a complaint
If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the Contact Us details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.
Changes to the Privacy Policy
We may update this Privacy Policy at any time and from time to time. Any changes will be effective when posted on this website. Your continued use of the website will indicate your acceptance of any changes to the Privacy Policy. All personal information, collected both before and after any changes take effect, will be subject to the terms of the revised policy (for which you will be taken to have provided consent) unless you indicate otherwise by contacting the office of our Privacy Officer as set out below. We urge you to refer back to this page regularly and especially prior to providing us with any personal information.
Contact Us
For further information about MMCS’ Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
MMCS Privacy Officer: Company Secretary ceo@freshstate.com.au
This Privacy Policy was last updated on: 1 August 2019
TRADING TERMS – TERMS AND CONDITIONS
Each Signatory AUTHORISES FSL Nominees and its authorised contractors, agents and employees to:-
(a) make such enquiries as FSL Nominees, in its discretion, deems appropriate to verify the contents of this Application;
(b) conduct enquiries with the Credit Reference Association of Australia and any other person or organisation providing credit inform both at the time of making this Application and any time after this Application is made for the purpose:
i) of updating files;
(ii) of the disclosure of the contents of this Application;
(iii) of the disclosure of the results of any enquiry;
(iv) of the disclosure of the Buyer’s compliance or otherwise with Trading Terms granted to the Buyer by FSL Nominees to the C Reference Association only;
(v) of reviewing the Trading Terms Classification of the Buyer from time to time;
(vi) of confirming the Buyer’s indebtedness to Sellers and other traders in Melbourne Markets including the Melbourne M Authority;
(vii to determine whether this Application should be approved.
FSL NOMINEES NOT BOUND TO APPROVE TRADING TERMS
The Signatories acknowledge FSL Nominees is under no obligation to accept the Buyer’s Application for Trading Terms or to accept the applicant as a Seller with FSL Nominees and they further acknowledge that FSL Nominees may impose conditions to any approval of this request for Trading Terms including conditions that:
(a) any Buyer which is a company, procure a Guarantee executed by each of the Buyer’s directors and/or major shareholders and/or other suitable persons guaranteeing the payment by the Buyer for Produce purchased on credit by the Buyer: and/or
(b) that individual Buyers provide such other security as FSL Nominees may require to secure payments due to Sellers by the Buyer from time to time.
DEFINITIONS
(a) A Reference to “Signatory” means each person (including the Buyer or the Seller) who signs this application both jointly and each of them severally;
(b) A Reference to “Seller” shall mean a reference to any Seller for whom FSL Nominees acts as an agent and a reference to the “Sellers” is a reference to each and every Seller for whom FSL Nominees acts as an agent.
(c) “FSL Nominees” means FSL Nominees (Aust) Pty Ltd as the operating company for the Melbourne Markets Credit Service Joint Venture (ACN 159 237 724) of Melbourne Markets, 35 Produce Drv, Epping.
(d) words defined in the Rules of FSL Nominees have the same meaning in this document.
ACCEPTANCE
We, the Signatories set out below and in the capacities indicated below:
(a) agree to the terms and conditions of this Application after having carefully read and considered it;
(b) confirm that, we have not received financial advice from FSL Nominees or its officers or employees and that we have obtained the independent advice that we consider necessary;
(c) authorise FSL Nominees to open a Buyers Account in the name(s) set out below and to issue Invoice Statements to the Buyer.
(d) if the application is made for a Seller, authorise FSL Nominees to register the Seller described in this Application with FSL Nominees and to act on the Seller’s behalf in accordance with the Rules.