Privacy Policy

Clear Name recognises the importance of protecting Personal Information about individuals. This Privacy Policy explains how Clear Name collects, uses and discloses Personal Information about you.

  1. Introduction
    1. This Privacy Policy applies to the collection, use and disclosure of Personal Information that you provide to Clear Name or authorise Clear Name to collect. By accessing the Clear Name Website and/use using our Services you agree to be bound by this Privacy Policy.
    2. Capitalised terms used in this Privacy Policy have the meaning given to them in clause 13.
  2. Changing this Privacy Policy
    1. This Privacy Policy may be amended from time to time, by publishing an updated Privacy Policy on the Clear Name Website. Any subsequent access to or use by you of the Website will constitute an acceptance of the amended Privacy Policy. You should check from time to time to see if any part of this Privacy Policy has been updated.
    2. This Privacy Policy does not limit our rights and obligations under the relevant Privacy Laws.
  3. Personal Information we collect
    1. We may collect the following Personal Information from or about you, where the information is reasonably necessary for our business purposes, including to provide our Services to you:
      • name
      • email address
      • mobile number
      • date of birth
      • default information
      • postcode
      • state
      • country
      • gender
    2. We do not collect nor store payment card information. Such details are collected, stored and processed by Ezidebit, who processes your payments when you use our Services (refer to clause 7 of the Terms of Use).
    3. The only exception is that, if you set up a payment instalment plan (refer to clause 6 of the Clear Name Terms of Use), we may collect the last four digits of your payment card or the last four digits of your direct debit account number (as applicable). We do so to enable us to identify for you which card or account you have used to set up a payment instalment plan, to assist you to ensure that the applicable card or account always has money available to meet the instalment payments scheduled under the applicable payment instalment plan.
  4. How we collect your Personal Information
    1. We collect Personal Information from the following sources:
      1. Credit Simple - generally we collect the Personal Information that we require to provide our Services by way of Credit Simple providing us with information from your Credit Report, on your behalf. You authorise Credit Simple to provide this information as contained in your Credit Report, to us, in accordance with the Credit Simple Website terms of use; and
      2. You - we collect Personal Information from you directly when you use the Clear Name Website and/or our Services (including if you contact us for support by email or telephone), or you interact with us in another way – such as completing a survey.
    2. From time to time we may collect, use, store and disclose non-identifiable information relating to your use of the Clear Name Website. For example, we may record information such as the areas of the Clear Name Website that you visit along with the time, date and URL of the pages you access, your IP address and/or the previous website that you visited before linking to the Clear Name Website.
  5. Purpose of collection of Personal Information
    1. We collect Personal Information for the primary purpose of being able to operate our business, including to providing our Services to you. If you do not provide all of the Personal Information we request (or authorise us to collect that information), you may not be able to use our Services.
    2. In addition, we collect Personal Information so that we can carry out the following actions:
      • to validate, update and/or enhance our products, services and databases (including those of our Related Bodies Corporate);
      • to undertake research, analytics and/or benchmarking;
      • to identify and understand user needs;
      • to verify and assess your identity;
      • for our business development and marketing purposes;
      • to send you details about products and services and special offers that might interest you, from us and from third parties – see clause 9 below; and
      • for internal record keeping, audit and compliance purposes and to comply with our legal and regulatory obligations.
  6. Disclosure of Personal Information
    1. You authorise us to disclose Personal Information to:
      1. Participating Lender - to notify the relevant Participating Lender when you have repaid a Debt (in whole or in part) using our Services and/or set up a payment instalment plan. The Personal information that we disclose to a Participating Lender will be collected, held, used and disclosed by the applicable Participating Lender in accordance with its privacy policy;
      2. Ezidebit - to enable Ezidebit to provide its payment services. The Personal Information that we disclose, or that you provide directly, to Ezidebt will be collected, held, used and disclosed by Ezidebit in accordance with Ezidebit's privacy policy (which can be found at: www.ezidebit.com/en-au/privacy-policy);
      3. Credit Simple - to enable Credit Simple to display information to you, when you access the Credit Simple Website, about Debts that you can repay using Clear Name (and any applicable discounts offered by Participating Lenders) and to enable Credit Simple to update illion when you have made a payment to a Participating Lender via Clear Name; and
      4. Other -(i) our employees, contractors or service providers, to the extent reasonably necessary to fulfil our obligations to you; (ii) anyone considering acquiring an interest in our business or assets; (iii) other entities or persons (including our Related Bodies Corporate), to the extent reasonably necessary for the purposes set out in clause 5.2 above; (iv) any law enforcement, legal, government or regulatory agency, where such disclosure is required or authorised by law; (v) other individuals or companies authorised by you. These entities may be located in Australia or overseas.
    2. The collection, use, storage and disclosure of Personal Information by the Participating Lender, Ezidebit and Credit Simple will be subject to the privacy policy of each of those organisations. We do not control and are not responsible for any other organisation’s compliance with its privacy policy.
    3. Clear Name is not a credit reporting body, and will not report information about your creditworthiness to other credit reporting bodies other than illion when you make a payment.
  7. Provision of information about others

    Please be aware that the Terms of Use prohibit the use of our Services on behalf of any other person. We will not ask you to provide us with information about someone else. However, if you provide unsolicited Personal Information to us about someone else, you must ensure that you are authorised by the relevant individual to disclose their Personal Information to us for the purpose for which it is provided.

  8. Use of Cookies
    1. We may use technology known as a “cookie” to collect statistical information about you when using internet browsing, mobile or tablet applications. Cookies are small pieces of information captured when your device is used to access online content. They can record information about your visit to the Clear Name Website, allowing it to remember you the next time you visit and provide a more meaningful experience.
    2. You can switch off cookies by adjusting the settings on your web browser. If you disable the use of cookies on your web browser or remove or reject specific cookies from the Clear Name Website then you may not be able to gain access to all of the content and facilities on the Clear Name Website.
    3. We allow Participating Lenders and their service providers to also use cookies on our site to track performance.
  9. Direct Marketing
    1. From time to time we may use your Personal Information that you have provided to us to provide you with:
      • updates about your information; and
      • current information about our services, special offers you may find of interest, changes to our organisation, or new products or services being offered by us or any third party (Marketing Communications).
    2. By providing us with your Personal Information, you consent to us (including our Related Bodies Corporate) using your information to contact you on an ongoing basis for these purposes, including by mail, email, SMS, social media and telephone.
    3. If you do not wish to receive Marketing Communications from us you may at any time unsubscribe from receiving such information by responding via the channel in which you received the marketing communication. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
    4. You acknowledge and agree that even if you opt out of receiving Marketing Communications, we will still send you essential information that we are required to send you relating to the Services we provide.
  10. Storage & Security
    1. We will use all reasonable endeavours to keep your Personal Information in a secure environment, however this security cannot be guaranteed. Our procedures are designed to prevent your Personal Information being accessed by unauthorised personnel, lost or misused. If you reasonably believe that there has been unauthorised use or disclosure of your Personal Information, please contact us using the contact details below.
    2. Notwithstanding the reasonable steps taken to keep information secure, breaches may occur. In the event of a security incident we have in place procedures to promptly investigate the incident and determine if there has been a data breach involving Personal Information, and if so, to assess if it is a breach that would require notification. If it is, we will notify affected parties in accordance with Privacy Law requirements.
  11. Your access to your Personal Information
    1. It is important to our relationship that the Personal Information we hold about you is accurate and up to date.
    2. You may request access to any of the Personal Information we hold about you at any time. To request access to the Personal Information that we hold about you, use the contact details specified below. We may charge a fee for our reasonable costs in retrieving and supplying the information to you.
    3. If you consider that any information we hold about you is incorrect, you should contact us to request that it is updated. Please let us know if there are any changes to the Personal Information you have provided to us. While we take reasonable steps to ensure that the Personal Information held by us is up to date, we will generally rely on you to assist us in informing us if the information we hold about you is inaccurate or incomplete.
    4. We will respond to your request within a reasonable period of time and, where reasonable and practicable, grant access to the information in the manner requested. An explanation will be provided to you if we deny you access to your Personal Information we hold.
  12. Further information and complaints
    1. You may request further information about the way we manage your Personal Information or lodge a complaint by contacting us using the contact details below.
    2. We will deal with any complaint by investigating the complaint, and providing a response to the complainant within 30 business days, provided that we have all necessary information and have completed any investigation required. In cases where further information, assessment or investigation is required, we will seek to agree alternative time frames with you.
  13. Definitions and interpretation
    Clear Name, we or us
    means illion Australia Pty Ltd (ABN 95 006 399 677) where you are accessing the Services via a “.com.au” Clear Name Website; or (b) illion New Zealand Limited (Co. No. 361901) where you are accessing the Services via a “.co.nz” Clear Name Website.
    Clear Name Website
    means the website at the following location: https://www.clearname.com.au (where the Territory is Australia); or https://www.clearname.co.nz (where the Territory is New Zealand).
    Credit Report
    means the most recent Credit Information (as that term is defined in Part IIIA of the Privacy Act) that you authorise Credit Simple to provide to Clear Name.
    Credit Simple
    means Credit Simple (Australia) Pty Limited (where the Territory is Australia), or Credit Simple (NZ) Limited (where the Territory is New Zealand).
    Credit Simple Website
    means the Website available at the URL https://www.creditsimple.com.au (where the Territory is Australia), or https://www.creditsimple.co.nz (where the Territory is New Zealand).
    illion
    means DBCC Pty Ltd in Australia, and illion New Zealand Limited in New Zealand, the credit reporting body.
    Debt means:
    1. where the Territory is Australia - the “default Information” (as defined in the Privacy Act) recorded on your Credit Report as the amount owing to a Participating Lender;
    2. where the Territory is New Zealand, - the amount recorded on your Credit Report as a “credit default” (as defined in the Credit Reporting Privacy Code 2004) owing to a Participating Lender, which the Participating Lender has appointed us to collect.
    Ezidebit
    means Ezidebit Pty Ltd Limited (where the Territory is Australia), and Ezidebit (NZ) Limited (where the Territory is New Zealand).
    Participating Lender
    means a lender who has entered into an agreement with Clear Name to participate in the Services, from time to time.
    Personal Information
    means personal information (as defined in the Privacy Laws) that you provide to Clear Name or authorise Clear Name to collect.
    Privacy Laws
    means the Privacy Act 1988 (Cth) when the Territory is Australia, and the Privacy Act 1993 (NZ) when the Territory is New Zealand, and any other applicable privacy laws, including any determination, code or guideline issued under those laws in the relevant Territory.
    Privacy Policy
    means this privacy policy, as amended from time to time.
    Related Body Corporate
    means (a) where the Territory is Australia – the meaning given to that term in section 9 of the Corporations Act 2001; and (b) where the Territory is New Zealand – the meaning given to "Related Company" in section 2(3) of the Companies Act 1993.
    Services
    means our services described in the Terms of Use.
    Terms of Use
    means the Clear Name Terms of Use available at:
    https://www.clearname.com.au/content/terms-of-use (where the Territory is Australia), and
    https://www.clearname.co.nz/content/terms-of-use (where the Territory is New Zealand).
    Territory
    means (a) Australia, if you are accessing Services via a “.com.au” Clear Name Website; or (b) New Zealand, if you are accessing Services via a “.co.nz” Clear Name Website.
  14. How to contact us

    Please contact us on support@clearname.com.au (Australian customers) or support@clearname.co.nz (New Zealand customers) if you have any questions about the Clear Name Website, this Privacy Policy or any of our Services.

Last updated: March 2018.