Privacy Policy.

2. Personal Information

We collect and hold your Personal Information for the purpose of providing commercial credit.
This Personal Information may include:

• your name, date of birth, personal and tax details, contact details and home address;
• information about your credit worthiness, credit standing, credit history, and credit capacity;
• identification documents, such as copies of your passport, driver’s licence or trust deed(s);
• your financial details such as bank account details, credit card details and GST numbers; and
• your organisational affiliations, financial information, property details, payment or billing details, historical and current account information.

3. Collection of Personal Information

We may collect your Personal Information because we are required or authorised by New Zealand law or court or tribunal order to collect that information.
We will tell you if collection is required or authorised by law, and if so, provide you with details of that law, court, or tribunal order.
For example, when you apply for credit with us, we are required to collect certain Personal Information from you to prove your identity, such as your driver’s licence or passport details in order to fulfil certain regulatory obligations such as background checks under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.
If you do not give your Personal Information to us, we:

• may not be able to process your application;
• may not be able to process an application in relation to your company, trust or partnership;
• may not be able to process an application where you are proposed as a guarantor; or
• may be limited in the services we are able to offer you.

4. How we collect Personal Information

We collect Personal Information when you interact with us and from third parties. This may include Personal Information we receive:

• from you directly;
• from other members of the Oxbury group;
• through credit reporting bodies;
• from third parties (including your organisation and representatives, public sources, your related companies and information service providers); and
• from any authorised persons as specified, and consented to, in your Privacy Declaration.

5. How we hold and secure your Personal Information

We hold your Personal Information in electronic drives and/or physical files.
We understand the importance of protecting your Personal Information and take steps to ensure your Personal Information is free from misuse, interference, modification, loss or unauthorised access by:

• limiting access to your Personal Information to those that need access;
• securing your Personal Information; and
• protecting our systems with relevant technology solutions.

6. How we use your Personal Information

When we collect Personal Information from you, we may hold and use this information:

• to assess your application for credit;
• to confirm your identity;
• to assess an application where you are a guarantor;
• to assess the credit application of a company, partnership or trust, of which you are a director, member, partner, trustee, and/or beneficiary, as applicable, to provide suitable credit facilities;
• to manage your account with us;
• to carry out marketing activities in relation to our products and services;
• to provide your account information to our agents who we use to manage and oversee your account, for example, brokers and referral agents;
• as the law authorises or requires;
• to obtain from, and disclose to, any third party, information about you, the applicant(s) or guarantor(s) that is reasonably necessary to assess you for the credit required;
• to obtain from, and disclose to, any third-party information about you and/or relating to your account with us, that is reasonably necessary to manage transactions, including the purchase or sale of livestock or farm inputs, using your account with us;
• to provide credit information about you to a guarantor or prospective guarantor;
• to provide you, or the company, partnership or trust of which you are a director, member, partner, trustee, and/or beneficiary, as applicable, with offers or information of other goods or services we, or any of our associated entities, may be able to provide to you, unless you tell us not to; and
• to disclose credit information to one or more credit providers for the purpose of assessing your application for credit or your guarantor application, and/or assessing a credit application by a company, partnership or trust, of which you are a director, member, partner, trustee, and/or beneficiary, as applicable.

7. Who do we share your Personal Information with?

To ensure we can meet your specific needs and for the purposes described in ‘How we use your Personal Information’, we sometimes need to share your Personal Information with others. We may share your information with other organisations for any of the purposes for which we collect, use and/or handle your Personal Information.

7.1 Third parties

Your Personal Information, and/or information relating to your account with us, may be provided or disclosed to certain third parties, including:

• our subsidiaries or our affiliates (including other members of the Oxbury group);
• existing and potential business partners;
• identity verification agencies;
• third parties for the purposes of fraud prevention, identity verification, and any other purposes relevant to those purposes – those third parties may retain information and use it for identify verification and fraud detection purposes;
• the New Zealand Transport Agency’s “Driver Check” service;
• actual or prospective insurers;
• our agents or distribution partners;
• our funders, indemnifiers or representatives;
• livestock buyers and sellers, and/or their agents, with whom you are or may be dealing with;
• farm input providers, and/or their agents, with whom you are or may be dealing with;
• anyone to whom we consider assigning or transferring any of our rights or obligations;
• anyone that we engage with about selling all or any part of our business;
• anyone providing any credit or funding support to all or any part of our business;
• service providers – this may include information being held on our behalf by data storage providers in New Zealand or overseas;
• marketing agencies or third parties for the purpose of providing direct or indirect marketing services and/or market research services to us;
• Government agencies and regulators, or anyone else with whom we are required to share that information for the purposes of regulatory compliance; and
• any actual or potential financier, participant or sub-participant, or assignee, novatee or transferee of our rights and/or obligations under any transactions or potential transactions between us and you.

We may disclose your personal information to AMAL Trustees New Zealand Limited as trustee of a securitisation trust (AMAL). AMAL may: (a) collect, hold and use your personal information for the purposes of administering and enforcing the facilities and meeting reporting obligations; and (b) share that information with relevant third parties (such as lenders, rating agencies and other parties listed under “Who do we share your Personal Information with?” in this policy). AMAL will otherwise handle your personal information in accordance with its master privacy notice, available at https://iqeq.com/master-privacy-notice/. AMAL’s website is https://iqeq.com/nz/.

7.2 Credit reporting bodies

We may disclose your Personal Information to a credit reporting body if:

• you are applying for credit or you have obtained credit from us;
• you guarantee, or are considering guaranteeing, the obligations of another person to us; or
• you are a director of a company, a partner of a partnership or a trustee of a trust that is a loan applicant or borrower or guarantor.

We may disclose the following information about your credit to credit reporting bodies:

• that we provide credit to you;
• the type of credit you hold;
• the amount of credit provided to you;
• the terms and conditions of your credit;
• when your credit account is opened and closed;
• how you repay your credit;
• whether you have failed to make repayments on your credit or have defaulted on your obligations or have committed a serious credit infringement (for example, fraudulent behaviour or deliberately seeking to evade your repayment obligations); and
• if you have corrected a default.

When we give your Personal Information to a credit reporting body, it may be included in reports that the credit reporting body gives other organisations (such as other lenders) to help them assess your credit worthiness. Some of that information may reflect adversely on your credit worthiness, for example, if you fail to make payments. That type of information may affect your ability to obtain credit from other lenders.

By signing the Privacy Declaration and/or agreeing to the Finance Documents with us, you agree that we may disclose Personal Information to credit reporting bodies as set out in this Policy.

7.3 Marketing

We may use your personal information to send you information about our products, services, offers or events that we believe may be of interest to you. We may also disclose your information to trusted third-party service providers who assist us with our marketing activities (such as email distribution platforms).

You can choose not to receive marketing communications from us at any time by following the unsubscribe instructions in our emails or by contacting us directly. If you opt out, we will ensure that you no longer receive marketing communications, though we may still contact you in relation to your finance facility, account, or other non-marketing matters.

7.4 Sharing outside of New Zealand

In order to run our business, we may need to share some of your Personal Information (including credit information) with organisations (for example, our related entities and service providers) that are located outside of New Zealand. Some of these organisations are located in Australia.
We currently use cloud service providers, for example, Microsoft 365 and Amazon Web Services, and other electronic or networked systems, to store your Personal Information. Such systems have data centres which store information based outside of New Zealand, and your information may be held in these centres.

We may also need to share your Personal Information overseas if we sell, transfer or disclose our database of Personal Information to an actual or potential successor, purchaser or investor located outside of New Zealand.

Before we disclose your Personal Information to an organisation that is located outside of New Zealand, we will take reasonable steps to ensure that such an organisation uses, stores and shares your information in accordance with the Privacy Act 2020 (NZ).

8. Your rights to Personal Information

You have the right to ask us:

• to give you the Personal Information we hold about you;
• to correct the Personal Information we hold if it is incorrect;
• to give you a copy of this Policy, in a form that suits you (for example, hardcopy or email); and
• not to use your Personal Information for direct marketing assessment purposes, including pre-screening.

9. Access to Personal Information

You can request access to the Personal Information we hold about you by contacting us using one of the methods specified below.

In some cases, a nominal administration fee may be charged to cover the cost of providing the Personal Information.

10. Correcting your Personal Information

If at any time you wish to change Personal Information we hold about you that is inaccurate or out of date, please contact us by using one of the methods specified below and we will amend this record.

In some situations, we may not agree to a request to correct Personal Information we hold about you, however if this occurs, we will inform you of our reason for not agreeing to the request.

If at any time, you believe on reasonable grounds that you have been a victim of fraud, you may request us not to use or disclose your Personal Information.

11. If we no longer need your Personal Information

We’ll only keep your information for as long as we require it for our business functions or activities as set out in this Policy. We are also required to keep some of your Personal Information for certain periods of time under law.

When we no longer require your Personal Information, we’ll ensure that it is destroyed or de-identified.

We may need to retain your Personal Information after our relationship has ended, however, we will not retain identifiable Personal Information longer than reasonably necessary and permitted by law.

12. Complaints

If we become aware of any concerns or problems concerning our privacy practices, we will take such issues seriously and work to address these concerns.

If you have any queries about this Policy, or have a problem or complaint, please contact us using one of the methods specified below.

If your complaint remains unresolved, you may refer the matter to the Office of the Privacy Commissioner. Its contact details are:

The Office of the Privacy Commissioner
PO Box 10094 The Terrace
Wellington 6143
New Zealand
Phone: 04 474 7590
Website: www.privacy.org.nz

13. Authorisation and consent

By signing the Privacy Declaration and/or agreeing to the Finance Documents with us, you are agreeing to, and provide your consent to the collection, use and handling of your Personal Information in accordance with, the terms set out in this Policy.

14. Changes to this Policy

This Policy may change from time to time. Please visit our website regularly as we will let you know of any changes to this Policy by posting a notification on our website. We may also tell you more about how we handle your Personal Information over the course of our dealings with you.

15. Contact us

Oxbury Agricultural Finance Limited
Website: www.oxbury.co.nz
Email: help@oxburyfinance.co.nz
Phone: 0800 777 197