We understand that the details you provide us are private and personal. It’s important that you feel secure whenever you deal with us. It’s also important that you understand how we protect your privacy, as well as how, when and where we may use your details.
The following is our commitment to you for our policies towards your privacy. You can be confident in the fact that we abide by the National Privacy Principles for the protection of personal information, as set out in the Privacy Act 1988.
What do we mean by ‘personal information’?
Personal information means any details or opinion about you, from which your identity is apparent or can be uncovered.
Why do we collect your personal information?
The main reasons why we would collect personal information about you are:
- To assess your financial and credit position when you apply for a product or service from us or from another financial institution, with us acting on your behalf.
- To ensure your security when visiting our website and to learn which areas of the site are of most interest to you (see the section ‘cookies’, below).
In both of these cases, we may use the information we gather to provide targeted and value-added products and services to you, through direct marketing. These direct marketing offers and promotions are designed to make your life easier, not harder. So if you do not want to receive them, just let us know when we contact you.
How do we collect your personal information?
Information collected by Alaya (registered as HLE Nepal Pvt. Ltd.) is collected via correspondence from you or your company. This may be via the telephone, email, mail, fax or directly through our website.
We will always aim to collect your personal information directly from you. If for some good reason, we are unable to do so, we may involve another organisation. For example, we may need to request a credit report from a rating agency when you apply for a credit facility. Before doing so or prior to collecting the information we need, we will inform you of the type of organisations to which we intend to disclose your personal information.
All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including email.
Why would we disclose information to another organisation?
We want to provide our customers with the very best products and services. At times, we may partner with another organisation to support the products and services we offer. In these situations, or to perform credit checks, we will need to share the personal information you have given us.
As you will appreciate, in certain circumstances we may be compelled by law to disclose your personal information to various authorities. For instance, we may be required under the Financial Transaction Reports Act to disclose details of financial transactions and we may also be compelled under tax laws to provide such information. This is to your benefit, and helps us provide the products and services you would expect from Alaya.
Whom will we disclose information to?
Before we disclose any of your personal information to any other organisation, we will take reasonable steps to ensure that:
- the organisation has the same commitment as us to the protection of your personal information
- you have consented to us doing so.
By consent, we mean approval in writing, orally, or implied from your dealings with us.
How do we keep your personal information accurate and up to date?
It is important for us, and for you, that the information we hold is accurate and up to date. In this, we rely on you to help us. We ask that you contact us whenever there are any changes to your personal details, so that we can update our records.
Access to your personal information
The information we hold about you is yours to access and correct, and as such we can provide you with general information, such as your name, address, and contact details quite easily. More detailed information may not be easy for us to access, and if necessary, a small fee may be charged for the costs of retrieving and supplying the details you want.
How long do we keep information about you?
By law, we are required to hold certain information about you, even after you are no longer a customer. However, after such time you can be assured we will destroy your personal information thoroughly and safely. We may also hold certain information about you if it is needed for a purpose which you are aware of or reasonably expect us to hold the information. When that information is no longer needed, it will be destroyed or permanently de-identified.
How safe and secure is the information we hold about you?
We take great care with the information we hold about you. Our aim is to ensure that any details are securely protected from misuse, loss, and unauthorised access, modification or disclosure. We will take reasonable care to make sure that we keep your information in an accurate, complete and up-to-date manner. When that information is no longer needed, it will be permanently destroyed or de-identified.
What are ‘cookies’ and how do they work?
Cookies are small data files that are downloaded from our web servers, and stored on your hard drive. A cookie is a string of letters and numbers that uniquely identify the computer you are using, and the customer number and access code you may have used to register at the site.
Alaya uses cookies to track a visitor’s journey through our site. This allows us to see at a glance which pages and information are of most interest to visitors. This type of cookie contains no personal information at all, it’s simply a record of your journey through the site.
Most browsers can be configured to refuse to accept cookies. You can also delete cookies from your hard drive. However, doing so may hinder your access to valuable areas of information within our site.
Online advertising we use
We may use various remarketing/retargeting and behavioural targeting services and tools to promote our business and website, alaya.co, across the internet. Remarketing tools in general, will display relevant ads tailored to you based on what parts of our website you have viewed by placing a cookie on your device. This cookie does NOT in any way identify or give access to your computer. The cookie is used to say “This person visited this page, so show them ads relating to that page.” These Remarketing tools allow us to tailor our marketing to better suit your needs and display only ads that are relevant to you.
If you have a complaint regarding privacy
We value our customers. We will always aim to be fair and responsive. If you have a complaint, you have the right to expect that we will handle it in a friendly and professional way. When we receive a complaint, we look on it as valuable feedback that may help us improve the services we offer and to ensure your needs are met in a satisfactory and appropriate manner. If you wish to complain, at any time, about the handling, use or disclosure of your personal information.
We will make all efforts possible to investigate your complaint, and advise you of the outcome as soon as possible.
Direct marketing offers and information
The details you give us may be used to inform you about any special offers we think will be of interest to you, and to update you on new products and services or changes to our website. We may also send you details of offers or services provided by our business partners and related Alaya entities. You may at any time choose not to receive these communications. Doing so will not cost you anything, and we will aim to ensure you stop receiving any unwanted communications as soon as possible.
Disclosure to other countries
Personal information may be disclosed to our offshore company Alaya, located in Nepal.
Your personal information will be disclosed only for the purpose for which it was disclosed to us or related purposes, which would reasonably be expected without your permission. For example, we may use and disclose personal information to process applications, audit applications, communicate with you and deal with any complaints or enquiries.
We take steps to protect your personal information against misuse or loss.
Complying with EU General Data Protection Regulation (GDPR)
We regularly provide services to borrowers who live and work in European Union (EU) nations. These borrowers can be both EU citizens and Australian expats.
Your privacy is important to us, so to meet our compliance requirements under the GDPR, we want you to be aware of how your data will be used and how you will be given the option to opt-in or opt-out.
Your rights and options under GDPR
Right of Access – the right to be informed of and request access to the personal data we process about you;
Right to Rectification – the right to request that we amend or update your personal data where it is inaccurate or incomplete;
Right to Erasure – the right to request that we delete your personal data. Note that where this right conflicts with Australian legislation regarding proper recordkeeping of applications for loans, then we will not erase your data. For example, the National Consumer Credit Protection Act 2009 (NCCP ACT) requires mortgage brokers to retain records of the recommendations we have made;
Right to Restrict – the right to request that we temporarily or permanently stop processing all or some of your personal data;
Right to Object – the right, at any time, to object to us processing your personal data on grounds relating to your particular situation; the right to object to your personal data being processed for direct marketing purposes;
Right to Data Portability – the right to request a copy of your personal data in electronic format and the right to transmit that personal data for use in another party’s service; and
Right not to be subject to Automated Decision-making – the right not to be subject to a decision based solely on automated decision-making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
What data is being collected when you make an enquiry?
When you complete our online enquiry form, you will be asked to provide your first name, last name, email address and contact phone number to complete your enquiry.
The information will be used to stay in contact with you as our mortgage brokers assess your situation.
Our Customer Care team to stay in contact with you to ensure that your mortgage is still working for you, to answer any questions you have, to help make changes to your home loan, to provide you tips and resources, to complete a home loan check up on the anniversary of your mortgage approval, and to help you refinance your home loan, should you choose to do so.
If you choose not to proceed with us, your personal information may be used for marketing, remarketing and retargeting purposes via online advertising and email marketing.
You will have the option to consent to the use of your personal information for marketing purposes before submitting your enquiry with us.
What is the legal basis for processing the data?
By law, we are required to hold certain information about you, even after you are no longer a customer.
Specifically, the National Consumer Credit Protection Act 2009 (NCCP ACT) requires mortgage brokers to retain records of the recommendations we have made.
Will the data be shared with any third parties?
We want to provide our customers with the very best products and services. At times, we may partner with another organisation to support the products and services we offer. In these situations, or to perform credit checks, we will need to share the personal information you have given us.
If you do make enquiry with us, any personal data collected on this form will be transmitted to our Nepal office for processing and will also be stored in the cloud.
Stringent procedures ensure that your personal data is protected at all times.
The information is required to allow us to assist you in preparing the loan application and locating an appropriate lender. If the information is not provided, we may not be able to find an appropriate loan for you. We may use your information to provide you with offers or information of other goods or services that we or a third-party may be able to provide you with, unless you tell us in writing not to use your personal information for this purpose.
The types of organisations we may disclose your information to include:
- Lenders, mortgage insurers, valuers, our aggregator, deposit bond providers, insurance providers and other mortgage intermediaries;
- Credit rating agencies (such as Equifax);
- Government organisations as required by law;
- Other organisations that assist us (such as printers, mailing houses, lawyers, debt collectors and accountants);
- Your appointed advisers (such as your solicitor, conveyancer, accountant or real-estate agent)
- Your partner, guarantor(s) or any persons acting on your behalf.
Unless you tell us otherwise, we may disclose your information to any person who is acting on your behalf, with your legal authority, or who is purporting to act with your legal authority. In addition, we may disclose your personal information to any other organisation that may wish to, or has acquired, an interest in your loan or in our business.
We may also contact various organisations that have information about you and your associated companies, so as to obtain the information we need to provide our services. The types of organisations we may collect your information from include:
- Employers (such as for employment confirmation or an employment letter);
- Accountants (such as for confirmation of your financials or an accountants letter);
- Solicitors or conveyancers;
- Credit rating agencies (such as Equifax);
- Any other organisation that has information about you that we require to provide our services.
As you will appreciate, in certain circumstances, we may be compelled by law to disclose your personal information to various authorities. For instance, we may be required under the Financial Transaction Reports Act to disclose details of financial transactions and we may also be compelled under tax laws to provide such information. This is to your benefit, and helps us provide the products and services you would expect from Alaya.
How long will the data be stored for?
The personal data specified above will be kept until such time that you request that your personal data be deleted.
Cookies and pixels will continue to track you until such time that you choose to opt out, which you can do here: http://www.networkadvertising.org/choices/
Your data will be stored for seven years after the date that your home loan has been repaid. If you visit our website but do not seek a loan, then your data will be kept for a maximum of 180 days.
For regulatory reasons, mortgage brokers are required to retain customer information for seven years after your home loan settles.
This is requirement under the National Consumer Credit Protection Act 2009 (NCCP Act) and includes:
- original, signed Finance Broking Contract (i.e., keep the original and give a copy to the client)
- details of your financial and personal circumstances
- details of the basis for the selection of loan products offered, and
- all emails and correspondence between you, your mortgage broker and the lender to whom applications have been made.