Privacy Policy, Disclosure Statement & Consent

Our Privacy Policy describes how we collect, use and manage your personal information.

Who we are

Soda Capital Pty Ltd ACN 668 349 657 (“Soda Capital”, “we”, “ours” or “us”) is committed to providing quality services to you. We recognise the importance of your privacy and understand your concerns regarding the security of the personal information which you provide to us. This policy outlines Soda Capital’s ongoing obligations to you in respect of how Soda Capital manages your personal information. We also describe the measures we take to safeguard your personal information and tell you how to contact us regarding our privacy practices.

Our Privacy Policy describes how we collect, use, disclose and store your personal information under the Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) and the Privacy (Credit Reporting) Code 2014 (CR Code).

This Privacy Policy applies:

1. when you sign up, access, or use our website (https://www.sodacapital.com.au);
2. when you apply for finance or otherwise purchase our products or services; and
3. in relation to any personal information we collect from you during the course of our business or which we otherwise receive about you.

‍In this Privacy Policy, “You” and “Your” means the individual, entity or group that is interacting with Soda Capital.

A copy of the APPs may be obtained from www.oaic.gov.au.

By using our website, purchasing or applying for our products or services, or otherwise providing personal information to us, you consent to Soda Capital collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy.

What is personal information?

Personal information is any information or an opinion about an identified individual or an individual who can be reasonably identified from the information or opinion. Information or an opinion may be personal information regardless of whether it is true. Your personal information may also include credit reporting information (as defined in the CR Code) and any further information derived from such information.

What personal information does Soda Capital collect and hold?

Information collected directly from you

Soda Capital collect information about you and your interactions with Soda Capital, for example, when you purchase or apply for use of Soda Capital’s products or services, call Soda Capital or visit Soda Capital’s website. The information Soda Capital collects from you may include:

1. your identity and contact details (including but not limited to your name, date of birth, address and email address);
2. information about why you are applying for a particular product or service;
3. details of your superannuation policies;
4. details about your assets and liabilities;
5. your history of purchases;
6. your use of Soda Capital’s products and services; and
7. details of enquiries or complaints you make.

We may also collect sensitive information from you. We will only collect sensitive information from you with your consent. Sensitive information may include information about your health, ethnic origin or criminal record.

Credit Information

To the extent permitted by law, we may collect the following kinds of credit information and exchange this information with credit reporting bodies and other entities. Credit information may include the following:

1. consumer credit liability information, including details of your credit provider and the terms of your credit;
2. repayment history information;
3. information about the type of finance that you are applying for;
4. new arrangement information, which includes information about a variation to existing liabilities;
5. serious credit infringements;
6. payment information with respect to previously reported defaults;
7. personal insolvency information, which is information that is entered into the National Personal Insolvency Index which relate to such things as debt agreements, bankruptcy personal insolvency agreements; and
8. court proceedings information including court judgements and writs.

Information collected automatically

Soda Capital may also automatically collect information about how you access, use and interact with Soda Capital’s website. This information may include:
the location from which you have come to the site and the pages you visited; and
technical data, which may include your IP address, the types of devices you are using to access the website, device attributes, browser type, language and operating system.

Cookies

To enrich your online experience, Soda Capital use cookies on the website.

A cookie is a small text file that the website may place on your device to store information. Soda Capital may use persistent cookies (which remain on your computer even after you close your browser) to store information that may speed up your use of our website for any of your future visits to the website. Soda Capital may also use session cookies (which no longer remain after you end your browsing session) to help manage the display and presentation of information on the website. You may refuse to use cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of the website.

Why do Soda Capital collect, hold and use your personal information?

We collect, hold, use and disclose personal information from you or about you where it is reasonably necessary for us to carry out our business functions and activities and as necessary to provide our services to you or to respond to and action any requests made by you. We also collect, hold, use and disclose your personal information for related purposes that you would reasonably expect, such as our administrative and accounting functions.

Specifically, Soda Capital may collect, hold and use your personal information so that Soda Capital can:

• provide you with products and services, and manage Soda Capital ‘s relationship with you;
• arrange and assess your application for finance or other products and manage that finance or other product;
• assess your financial situation and discharge our duties and functions under relevant legislation, include the Bankruptcy Act 1966 (Cth) and the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth);
• respond and communicate with you about your requests, transactions, questions and comments and allow you to receive our newsletters and communications;
• provide other loan products and service(s) you have requested or qualify for;
• provide services in relation to business options;
• undertake debt recovery and associated enforcement activities;
• comply with our legal obligations and assist government and law enforcement agencies or regulators; and
• identify and tell you about other products or services that Soda Capital think may be of interest to you.

If you do not consent to us collecting, using and/or disclosing your personal information as set out in this Privacy Policy, or if we cannot verify your personal information, Soda Capital may not be able to provide you with Soda Capital’s products and services, communicate with you or respond to your enquiries.

In addition, we use information collected online through the use of cookies, and other automated means. This information is used to:

1. recognise your computer when you visit the website;
2. track you as you navigate the website;
3. display content on our website;
4. operate, evaluate and improve our business and website usability;
5. analyse your use of the website;
6. personalise the website, including targeted advertisements that may be of particular interest to you;
7. help diagnose technical and service problems; and
8. gather demographic information about our users.

We use such information to assist us in providing an effective service (for example, to adapt our website to the needs of your device or to allow you to log in to our website), and to collect broad demographic information for identified, aggregated use.

How do Soda Capital collect your personal information?

Where reasonable and practical, Soda Capital will collect your personal information directly from you. For example, we may collect personal information from you via telephone, email or from the information you submit to us directly via the website. Soda Capital may also collect information from third parties such as:

• as required by law, government bodies such as the ATO, ASIC, Australian Prudential Regulatory Authority and the police or courts
• professional or government organisations
  credit reporting bodies including Equifax (contactable at www.equifax.com.au) and other credit reporting bodies from time to time
• our related bodies corporate, business partners and associates
• any assignee or potential assignee of our rights under a contract relating to the services we provide
• our funders or potential funders
• service providers we use to operate our business such as:
• information technology and platform providers
• finance companies, distributors and equipment suppliers
• marketing and communications agencies
  mailing houses, freight and courier services
  printers & distributors of marketing material; and
• advisers such as accountants, business analysts, recruiters, auditors & lawyers.

We also collect information about your online activities automatically when you are using the website, usually from the use of cookies.

If we receive unsolicited personal information that we have not requested or which we do not require to provide our services to you then we will destroy or de-identify the information if it is lawful and reasonable to do so.

How do Soda Capital store and hold personal information?

We respect the privacy of personal information and will take reasonable steps to keep it strictly confidential.
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We may also store your personal information on servers based overseas or in the “cloud” or other types of networked, electronic storage or paper form. We take reasonable steps to protect it from misuse, interference, loss, unauthorised access, human error, modification or disclosure including:

These processes and systems include:

• secure password protected databases for storage
• confidentiality requirements of staff
  security for access to our systems including firewalls
• document storage security requirements
  access controls for our building; and
• limiting the provision of personal information to third parties on a need to know basis, and subject to commitments from them that are similar to the commitments we make in this Policy.

Soda Capital will also take reasonable steps to destroy or de-identify personal information once Soda Capital no longer require it for the purposes for which it was collected or for any secondary purpose permitted under the Privacy Act or the CR Code. The security of your personal information is important to us. As any submission of information over the internet is never entirely secure, we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, but we will use all reasonable efforts to prevent it.

Who does Soda Capital disclose your personal information to, and why?

We will disclose personal information to third parties if it is necessary for the primary purpose for which we collected the information, or for a related secondary purpose, if the disclosure could be reasonably expected.

Your personal information may be made available to suppliers, contractors or other third parties in order for them to perform services on our behalf, or to resolve issues or disputes that arise in connection with your use of our services.

For example, we may share your personal information to:

1. Credit providers and credit reporting bodies; and
2. Government agencies (by request or statutory requirement).

Soda Capital may also transfer or disclose your personal information to its related companies and affiliates.

Where required by law, we will require that the third party undertake to treat the personal information in accordance with the APPs and any other applicable privacy laws.

Where we wish to use or disclose your personal information for other purposes which you may not reasonably expect, we will seek your prior consent to such disclosure.

Otherwise, we will only disclose your personal information to third parties without your consent if the disclosure is:

1. necessary to protect or enforce our legal rights or interests or to defend any claims;
2. necessary to prevent or lessen a serious threat to a person’s health or safety;
3. required or authorised by law; or
4. permitted by another exception in the applicable privacy laws.

If the ownership or control of all or part of Soda Capital’s business changes, Soda Capital may transfer your personal information to the new owner.

Disclosing personal information overseas

Soda Capital may disclose your personal information to recipients which are located outside Australia. Those recipients are likely to be located in the United States of America, United Kingdom, New Zealand and the Philippines.

We only disclose your information to entities outside of Australia for our business functions or for the purposes of providing services to you. Where we do so, we ensure that the disclosure of and access to that information is secure and appropriate controls are in place.

Notifiable Matters

The law requires us to advise you of ‘notifiable matters’ in relation to how we may use your credit information. We provide your credit information to the credit reporting body and to other credit providers as permitted by law.

We use the credit information that we exchange with the credit reporting body to assess your creditworthiness, assess your application for finance, manage your finance, and administer your debt or personal insolvency agreement.

If you fail to meet your payment obligations in relation to any finance that we have provided or arranged for you or if you have committed a serious credit infringement, we may disclose this information to a credit reporting body. The credit reporting body may disclose the credit information that we provide to other credit providers to assess your creditworthiness.

You have the right to request access to the credit information that we hold about you and make a request for us to correct that credit information if needed. Please see section 12 of this Privacy Policy for further information.

Sometimes your credit information will be used by credit reporting bodies for the purposes of ‘pre-screening’ credit offers on the request of other credit providers. You can contact the credit reporting body at any time to request that your credit information is not used in this way. You may also contact the credit reporting body to advise them that you believe that you may have been a victim of fraud. For a period of 21 days after the credit reporting body receives your notification, the credit reporting body must not use or disclose that credit information.

The credit reporting bodies that we use are Equifax, Creditor Watch and Illion. You can contact them directly, and a copy of each CRB policy setting out how it manages credit-related personal information can be found via their websites.

Marketing

Unless you have opted out of marketing communications Soda Capital may use your personal information to offer you products and services Soda Capital believes may interest you.

Where required by applicable law, we will obtain your consent before sending you any marketing communications from Soda Capital. You may withdraw your consent to the use of your data for marketing purposes at anytime by following the instructions provided in the communication or contacting us on our contact details in section 12 of this Privacy Policy.

What rights you have over your personal information

Under the legislation applicable to you, you may be entitled to exercise some or all of the following rights:

Access to information

You may request (i) information as to whether your personal or credit information is held by us; and (ii) access to your personal or credit information.

There is no charge for requesting access to your personal or credit information but Soda Capital may require you to meet its reasonable costs in providing you with access (for example, photocopying costs or costs for time spent on collating large amounts of material).

There may be situations where we are not required to provide you with access to your personal or credit information. If we refuse to give you access to the information you have requested, we will give you written notice within 30 days of your request setting out our reasons for the refusal (unless it is unreasonable to do so), the mechanisms available to you to complain about our decision, and other information as required by law.

Correction

You may request rectification, erasure, removal or restriction of your personal or credit information, for example, because (i) it is in complete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) you have withdrawn your consent.

We take all reasonable steps to ensure that the personal information Soda Capital hold about you remains accurate, up to date and complete.

Where we are satisfied that credit-related personal information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct the information within 30days.

If you wish to contact us in relation to any of the rights outlined in this section, you can do so by contacting us using our contact details in section 12 of this Privacy Policy.

Complaints

If you are dissatisfied with how we have dealt with your personal information, or you have a complaint about our compliance with this Privacy Policy, the Privacy Act or the CR Code, you may contact us as set out in section 12 of this Privacy Policy. We will acknowledge your complaint within 7 days. We will provide you with a formal response to your complaint within a reasonable time, which will usually be within 30 days.

If you remain unsatisfied with the way in which Soda Capital have handled a privacy issue, you may contact the Office of the Australian Information Commissioner (www.oaic.gov.au) for guidance on alternative courses of action which may be available.

Electronic Signature

A party may sign electronically a soft copy of this document through DocuSign or by signing this document by some other electronic method (including signing by digital consent, stylus or pasting of the signatory’s signature) and bind itself accordingly. This will satisfy any statutory or other requirements for this document to be in writing and signed by that party. The parties intend that:

any soft copy so signed will constitute an executed original counterpart, and any print-out of the copy with the relevant signatures appearing will also constitute an executed original counterpart; and

where a party prints out this document after all parties that are signing electronically have done so, the first print-out by that party after all signatories who are signing through DocuSign (or other electronic method or signature) will also be an executed original counterpart of this document. Each signatory confirms that their signature appearing in the document, including any such print-out (irrespective of which party printed it), is their personal signature authenticating it.

How to access this privacy policy

This Privacy Policy is available via our website. A printed copy of the privacy policy can be obtained free of charge by contacting our Privacy Officer.

Our privacy officer can be contacted at:

Email: support@sodacapital.com.au

Telephone: 1800 434 084

Post: Level 38, 71 Eagle St Brisbane QLD 4000

Last Updated: April 2024

Changes to this policy

We reserve the right to change this Privacy Policy from time to time. Any changes to Soda Capital’s Privacy Policy will be published on its website.

Your continued use of this Privacy Policy will constitute your acceptance of such change. You may request further information about the way we manage your personal or credit information by contacting us.