Making life easier not harder
18. Privacy Act 1988
18.1 The Client and/or the Guarantor/s (herein referred to as the Client) agree for Silvertrees to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Silvertrees.
18.2 The Client agrees that Silvertrees may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Client; and/or
(b) to notify other credit providers of a default by the Client; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or
(d) to assess the creditworthiness of the Client.
The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
18.3 The Client consents to Silvertrees being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
18.4 The Client agrees that personal credit information provided may be used and retained by Silvertrees for the following purposes (and for other purposes as shall be agreed between the Client and Silvertrees or required by law from time to time):
(a) the provision of Materials; and/or
(b) the marketing of Materials by Silvertrees, its agents or distributors; and/or
(c) analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Materials; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or
(e) enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Materials.
18.5 Silvertrees may give information about the Client to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Client;
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
18.6 The information given to the credit reporting agency may include:
(a) personal particulars (the Client’s name, sex, address, previous addresses, date of birth, name of employer and driver’s licence number;
(b) details concerning the Client’s application for credit or commercial credit and the amount requested;
(c) advice that Silvertrees is a current credit provider to the Client;
(d) advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;
(e) that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;
(f) information that, in the opinion of Silvertrees, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Clients credit obligations);
(g) advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;
(h) that credit provided to the Client by Silvertrees has been paid or otherwise discharged.
18.7 Silvertrees may access and disclose any information stored on Silvertrees’ Server (including without limitation, user profile information, IP addressing and traffic information, usage history and content) that it considers necessary or appropriate to comply with applicable laws and lawful governmental requests.
18.8 Silvertrees also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
19.1 Silvertrees may investigate any reported or suspected violation of these terms and conditions, its policies or any complaints and take any action that Silvertrees deems appropriate and reasonable under the circumstance in order to protect its systems, facilities, customers and/or third parties.
19.2 Silvertrees will not access or review the contents of any email or similar stored electronic communication except as required or permitted by applicable legislation.
20.1 The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement.
20.2 "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors.
20.3 Exceptions to Confidential Information include:
(a) information in the public domain; and
(b) information developed independently by a party without reference to information disclosed under this Agreement; and
(c) information received from a third party without restriction and/or breach of this or a similar Agreement.
20.4 It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information.
20.5 Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
Full Terms of Trade can be viewed here