Important Documents

Privacy and disclosure consent

Privacy Policy

Consent Information

Online terms and conditions

Privacy Policy

1. Your privacy is important to us

This Policy outlines how Prospa Advance Pty Ltd and Prospa NZ Ltd (as applicable) (collectively, “Prospa“) and their related companies and permitted assigns (“we / us / the Group“) collect, disclose, use, store or otherwise handle personal information.

It is important to us that we manage your personal information securely and consistently with relevant legislation, including:

  • If you are in Australia, the Privacy Act 1988 (Cth); and
  • If you are in New Zealand, the Privacy Act 2020,

(each a “Privacy Act“), and the Credit Reporting Privacy Code (as applicable to your jurisdiction) as amended or replaced from time to time (“Privacy Laws“).

This Policy explains:

  • The kinds of personal information (including credit-related information) we collect;
  • The purposes for which we collect this information;
  • How we manage the personal information that we collect about you;
  • How you can seek access to and correct that information; and
  • If necessary, how you can make a complaint relating to our handling of that information.

This policy does not limit our rights and obligations under Privacy Laws.

This policy is not limited to current customers or guarantors of customers (where applicable) – it relates to all other individuals who deal with us, whether in relation to the provision of credit or otherwise. By using our services or otherwise dealing with us, you are deemed to agree to our Privacy Policy.

2. Information we collect from you

2.1 When we collect Personal information

We collect information about you and your interactions with us, for example, when you enquire, apply for, request or use our products or services, make a card payment or transfer money, phone us or visit any of our websites. When you use our website or mobile applications, we may collect information about your location or activity including your IP address, telephone number and whether you’ve accessed third-party sites. Some of this website information we collect using cookies.

This may include information collected directly from you and information that you authorise us to collect from third parties.

It is not mandatory for you to provide us with the personal information that we request – however if you do not do so it may affect the products and services that we can provide to you.

2.2 The Personal Information we collect

We will collect certain personal information about you depending on the circumstances in which the product or service is being applied for or provided.

This information can include:

  • Key personal information such as your name, residential and business addresses, telephone numbers, email and other electronic addresses;
  • Financial and related information, such as your occupation, accounts, bank account information (from prior to the loan being granted and ongoing for the term of the loan), assets, expenses, income, revenue, dependents, and regarding your employment, financial and business dealings and other relevant events;
  • Your transaction history (with us and our associates or relevant third parties). This information includes products you may have used with us in the past, your payment history, and the capacity in which you have dealt or deal with us; and
  • Other relevant information – depending on the circumstances this may also include your gender, marital status and health and medical information, membership of professional bodies, tax file number information and other government identifiers (e.g. if relevant for insurance purposes or to identifying you).

2.3 Information we collect from others

We collect information about you from others such as service providers, agents, your bank, advisers, brokers, employers or family members. For example, if you apply for credit, we may need to obtain a credit report from a credit reporting body. We will also obtain bank account information from your bank throughout the term of the loan. We may collect information about you that is publicly available, for example, from public registers or social media, or made available by third parties.

If you elect to use bank statements and third party account aggregation service providers in connection with our assessment of your application, you permit such third party services to access your banking transaction data linked to the online banking credentials you provide. The third party service provider will access your personal information for the purpose of providing this personal and business bank account data to us.

The third party service provider may access transactional data from any account that is associated with the login credentials that you submit. This may include personal accounts as well as business accounts. Your provision of banking login credentials to utilise such third party service providers does not provide us with your login credentials or passwords or the ability to access your internet banking (other than as stated above).

Through the use of such third party service providers, we will obtain up to the last twelve (12) months bank transactions on the date you apply for a loan, in addition to further ongoing bank transactions for the term of the loan, for the purpose of assessing any future loan application or making a future offer to you. We note that your bank’s terms may prohibit you from sharing your login, so you agree to appoint our third party service provider as your agent to access your internet banking on your behalf solely for this purpose and you consent to our ongoing access to this information for the term of the loan and the purposes outlined above.

Should you agree to the use of such a third party service provider, you will be subject to their terms and conditions and privacy policy which will govern any act or omission of that third party service provider in connection with your use of that service.

2.4 Sensitive information

The Privacy Laws protect your sensitive information, such as health information that’s collected on insurance or hardship applications. If we need to obtain this type of information, we will ask for your consent, except where otherwise permitted by law.

2.5 Information about other people

If you provide any personal information to us about another person, you confirm that you have the authority of that person to share their information with us and to permit us to hold, use and disclose their information in accordance with this Privacy Policy.  You must inform them of their rights to access and request correction of their information set out below.

3. How do we use your information?

In many circumstances, we will collect the above information primarily from you (or from someone who is representing or assisting you). However, there are certain instances in which we will collect information about you from third parties where it is unreasonable or impracticable to collect it directly from you.  For example, even where your application is for credit, we may collect information about you from a business which provides information about commercial credit worthiness for the purpose of assessing your application.

We use your information to:

  • Establish your identity and assess applications for products and services;
  • Determine your eligibility for, and comply with our obligations under, the Australian Government’s Coronavirus SME Guarantee Scheme (if applicable) or New Zealand Business Finance Guarantee Scheme (if applicable);
  • Price and design our products and services;
  • Administer our products and services, including assessing whether to make any future offer to you, and generally carry out our business functions and activities or disclose your information to a third party with a product or service that may be reasonably of interest to you;
  • Manage our relationship with you, including fulfilling our obligations and exercising our rights under any agreement with you;
  • Conduct and improve our businesses and improve our customers’ experience;
  • Manage our risks and help identify and investigate illegal activity, such as fraud;
  • Contact you, for example to invite you to review our products and services, if we suspect fraud on your account or need to tell you something important;
  • Comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (NZ);
  • Comply with our legal obligations and assist government and law enforcement agencies or regulators; and
  • For identification and provision of products or services offered by us, any of our Group members or any third parties that may reasonably be of interest to you (refer to section 3.1 below).

We may also collect, use and share your information in other ways where you have authorised us to do so or where permitted by law.

3.1 Direct marketing

We may use your information for direct marketing, including by email or other electronic means.  If you no longer want to receive direct marketing, you can tell us by using any of the methods set out in section 9.

3.2 Gathering and combining data to get insights

Improvements in technology enable organisations to collect and use information to get a more integrated view of customers and provide better products and services. We may combine our customer information with information available from a wide variety of external sources (for example census or Bureau of Statistics data). We are able to analyse the data in order to gain useful insights which can be used for any of the purposes mentioned earlier in this policy. In addition, Group members may provide data insights or related reports to others, for example, to help them understand their customers better. These insights and reports are based on aggregated information and do not contain any information that identifies you.

3.3 How we use cookies and other tracking technologies

We also use cookies to improve your user experience when using our website and to learn how you interact with our content.

4. Who do we share your information with?

We share your information with other members of the Group, so that the Group may adopt an integrated approach to its customers. Group members may use this information for any of the purposes mentioned in this section.

4.1 Third parties

We may share your information with third parties where this is permitted or required by law, or for any of the purposes mentioned in section 3.

Third parties include:

  • Your co-applicant(s) (if any);
  • Group members based in Australia, New Zealand or overseas;
  • Entities that provide services to us such as, identity verification, mailing houses or call centre operators;
  • Service providers, for example law firms, market research / data providers, and loyalty program redemption partners;
  • Service providers to whom we outsource certain functions, for example, direct marketing, customer review tools, statement production, debt recovery and information technology support, some of whom may contact you on our behalf;
  • Brokers, agents and advisers and persons acting on your behalf, for example guardians or persons holding power of attorney;
  • References that you provide to us, for example landlord details or trade references;
  • The supplier of any goods or services financed with credit we provide;
  • Guarantors or any person providing security for any service;
  • Persons involved in arrangements that provide funding to us, including persons who may acquire rights to our assets (for example loans), investors, advisers, trustees and rating agencies;
  • Claims-related providers, such as assessors and investigators, who help us with claims;
  • Other financial institutions such as banks and credit providers or their authorised representatives or partners, or another third-party organisation or partner, including where such entities provide products and/or services that may reasonably be of interest to you;
  • Auditors, insurers and re-insurers;
  • Employers or former employers;
  • Government and law enforcement agencies or regulators (including but not limited to the Department of the Treasury or other relevant agency of the Commonwealth of Australia in relation to the Australian Government’s Coronavirus SME Guarantee Scheme (if applicable), or the Crown or other relevant Government agency in relation to the New Zealand Government’s Business Finance Guarantee Scheme (if applicable));
  • Credit reporting bodies – credit reporting bodies may collect the information we provide to them (including default information) and use it to provide their credit reporting services (see section 5 below);
  • Entities established to help identify illegal activities and prevent fraud
  • Overseas entities that provide products and services to us; and
  • Any other parties that you authorise or that we are required or permitted by law to share information with.

4.2 Sending information overseas

Generally, we use customer service teams located within Australia or New Zealand.  However, we may send your information overseas, including to overseas Group members and to service providers or other third parties who operate or hold data outside Australia and New Zealand. Where we do this, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place. Please note that Australian law or New Zealand law (as applicable) may not apply to some of these entities and the relevant entity may not be required to protect the information in a way that, overall, provides comparable safeguards to those in the Australian or New Zealand Privacy Act (as applicable).

We may also send information overseas to complete a particular transaction or where this is required by laws and regulations of Australia or New Zealand (as applicable) or another country.

Where we send your information overseas, it is likely to be one of the following countries:

  • Canada;
  • Hong Kong;
  • India;
  • Philippines;
  • South Africa;
  • United Kingdom; and/or
  • United States.

Where we send your information to overseas Group members or service providers, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place.

 

5. Credit checks and credit reporting

When you apply to us for credit or propose to be a guarantor, we need to know if you’re able to meet repayments under your agreement with us. We also want to avoid giving you further credit if this would put you in financial difficulty. One of our checks involves obtaining a credit report about you.

5.1 Credit reports

A credit report contains information about your credit history that helps credit providers assess your credit applications, verify your identity and manage accounts you hold with them. Credit reporting bodies collect and share this information with credit providers like us and other service providers such as phone companies.

The Privacy Act and Credit Reporting Privacy Code limit the information that credit providers can disclose about you to credit reporting bodies, as well as the ways in which credit providers can use credit reports.

We may use one or more of the following credit reporting bodies:

Equifax

Australia:
www.equifax.com.au
13 8332

New Zealand:
www.equifax.co.nz
[email protected]
0800 692 733

CreditorWatch

www.creditorwatch.com.au
GPO Box 276
Sydney, NSW 2001
1300 50 13 12

Centrix

www.centrix.co.nz
PO Box 62512
Greenlane, Auckland 1546
0800 236 874

Illion

Australia:
www.illion.com.au
13 23 33

New Zealand:
www.illion.co.nz
0800 733 707

5.2 What information can we share with credit reporting bodies?

If you are in Australia, the information we can share includes:

  • your identification details;
  • the type of loans you have;
  • how much you’ve borrowed;
  • how many accounts you’ve had or currently have;
  • whether or not you’ve met your loan repayment obligations; and
  • if you have committed a serious credit infringement (such as fraud).

We also ask the credit reporting body to provide us with an overall assessment score of your creditworthiness and other comprehensive credit information as necessary.

If you are in New Zealand, we may share credit information with credit reporters and we also ask the credit reporters to provide us with an overall assessment score of your creditworthiness.

The credit reporting bodies we use will hold your personal information on their terms and treat your information in accordance with their own privacy policies.

5.3 What do we do with credit-related information?

We use information from credit reporting bodies to confirm your identity, assess applications for credit, manage our relationship with you and collect overdue payments. We also use this information as part of arriving at our own internal assessment of your creditworthiness.

We store credit-related information with your other information. You can access credit-related information we hold about you, request us to correct the information and make a complaint to us about your credit-related information. See sections 8 and 9.

5.4 Other rights you have

Credit providers may ask credit-reporting bodies to use their credit-related information to pre-screen you for direct marketing. You can ask a credit reporting body not to do this. Also, if you’ve been, or have reason to believe that you’re likely to become, a victim of fraud (including identity fraud), you can ask the credit reporting body not to use or disclose the credit-related information it holds about you.

6. Keeping your information secure

We store your hard-copy or electronic records on our premises and systems or offsite using trusted third parties. We use reasonable endeavours to keep your personal information secure, however, this security cannot be guaranteed.

Our security safeguards include:

6.1 Staff education

We train and remind our staff of their obligations with regard to your information.

6.2 Taking precautions with overseas transfers and third parties

When we send information overseas or use third parties that handle or store data, we take reasonable steps to ensure that appropriate data handling and security arrangements are in place.

6.3 System security

When you transact with us on the internet via our website or mobile apps we encrypt data sent from your computer to our systems. We have firewalls, intrusion detection systems and virus scanning tools to help to protect against unauthorised persons and viruses accessing our systems. When we send your electronic data outside the Group we use dedicated secure networks or encryption. We limit access by requiring use of passwords and/or smartcards.

6.4 Building security

We have protection in our buildings against unauthorised access such as alarms, cameras and guards (as required).

6.5 Destroying data when no longer required

We keep information only for as long as required (for example, to meet legal requirements or our internal needs).

6.6 Your log-in details

You are advised to keep your log-in details private and confidential. Your log-in details are your responsibility and we advise you not to share those details with any party. You hereby acknowledge that any party that accesses your account does so as your agent and accordingly you agree to be bound by any transactions effected through their use of your account.  We are entitled to rely on any access to or use of your account without making any further enquiries.

7. Accessing, updating and correcting your information

7.1 Can I get access to my information?

You can ask for access to your basic information (for example what transactions you’ve made) by going online or calling us. To obtain a copy of current credit-related information we hold about you, you can call or email us.

7.2 Is there a fee?

There is no fee for making the initial request. However, in some cases, where permitted by law, there may be an access charge to cover the time we spend locating, compiling and explaining the information you ask for. If there is an access charge, we’ll give you an estimate up front and confirm that you’d like us to proceed. Generally, the access charge is based on an hourly rate plus any photocopying costs or other out-of-pocket expenses. You’ll need to make the payment before we start, unless you’ve authorised us to debit your account.

7.3 How long does it take to gain access to my information?

We try to make your information available within 30 days of your request and we will respond to your request within 20 days. Before we give you the information, we’ll need to confirm your identity.

7.4 Can you deny or limit my request for access?

In certain circumstances we’re allowed to deny your request, or limit the access we provide. For example, we might not provide you access to commercially sensitive information. Whatever the outcome, we’ll write to you explaining our decision.

7.5 Updating your basic information

It’s important that we have your correct details, such as your current address and telephone number. You can check or update your information by going online, emailing or phoning us.

7.6 Can I correct my information?

You can ask us to correct any inaccurate information we hold or have provided to others (including credit-related information) by contacting us. If the information that is corrected is information we have provided to others, you can ask us to notify them of the correction. We don’t charge a fee for these requests.

If your request relates to credit-related information provided by others, we may need to consult with credit reporting bodies or other credit providers. We’ll try to correct information within 30 days. If we can’t complete the request within 30 days, we’ll let you know the reason for the delay within 20 days and try to agree a timeframe with you to extend the period.

If we’re able to correct your information, we’ll inform you when the process is complete.

7.7 What if we disagree that the information should be corrected?

If we disagree with you that information should be corrected, we’ll let you know in writing our reasons. You can ask us to include a statement with the relevant information, indicating your view that the information is inaccurate, misleading, incomplete, irrelevant or out-of-date. We will take reasonable steps to comply with such a request.

7.8 Can I ask you not to provide my information to my broker?

If you were introduced or applied to us through a broker or other agent, we will provide them with information about each application you make with us and each loan which we provide to you. Your account will be linked to that broker and we will continue to provide them your information for each application you make with us whether that application is made through that broker or direct with us. If you do not wish us to provide your information to your broker or other agent, you must advise us by contacting [email protected] or [email protected] (as applicable) or telling your allocated success manager.

8. Making a privacy complaint

8.1 We’re here to help

If you have a concern about your privacy (including credit-related matters), you have a right to make a complaint and we’ll do everything we can to put matters right.

8.2 How do I make a privacy complaint?

To lodge a complaint, please get in touch with us using your point of contact or one of the customer service teams set out in section 9. We’ll review your situation and try to resolve it straight away. If you’ve raised the matter through your point of contact or through our customer service teams and it hasn’t been resolved to your satisfaction, please contact our Customer Relations team using the details in section 9.

8.3 How do we handle a privacy complaint?

We acknowledge every complaint we receive and provide you with our name, a reference number and contact details of the investigating officer. We keep you updated on the progress we’re making towards fixing the problem.

Usually, it takes only a few days to resolve a complaint. However, if we’re unable to provide a final response within 45 days we’ll contact you to explain why and discuss a timeframe to resolve the complaint.

8.4 External review of privacy complaints

If you’re not satisfied with our handling of your matter, you can refer your complaint to external dispute resolution. We suggest you do this only once you’ve first followed our internal complaint processes set out above.

If your complaint is about the way we handle your personal information you may also contact:

In Australia

The Office of the Australian Information Commissioner by calling them at 1300 363 992, online at www.oaic.gov.au or writing to the Office of the Australian Information Commissioner (“OAIC”), GPO Box 5218 Sydney NSW 2001.

Prospa is a member of the Australia Financial Complaints Authority (“AFCA”). AFCA will consider privacy disputes if they’re about the provision of credit, the collection of a debt, credit reporting or the banker-customer relationship, or if the privacy issue is part of a broader dispute with us.

In New Zealand

If your complaint is about the way we handle your personal information, you may contact the Office of the New Zealand Privacy Commissioner by sending them a complaint using the online complaint form, or by writing to the Office of the New Zealand Privacy Commissioner, PO Box 10094, Wellington 6143, New Zealand, using the complaint form available here.

9. How to contact us or find out more

For privacy related queries, access or correction requests, or complaints, or to request a printed version of this policy, please contact us:

In Australia

Phone 1300 882 867 or email [email protected]. Our customer service representatives are available Monday to Friday. See hours of operation.

See our feedback page for more information.

In New Zealand

Phone 0800 005 797 or email [email protected]. Our customer service representatives are available Monday to Friday. See hours of operation.

See our feedback page for more information.

We aim to resolve your query or complaint at your first point of contact with us. You can use your usual point of contact or call our customer service team

9.1 To update your direct marketing preferences or request not to receive direct marketing

You can call us using the number above or email us.

For more information about the Australian Privacy Principles and credit reporting rules visit:

  • Office of the Australian Information Commissioner (“OAIC”) (privacy generally); or 
  • Australian Retail Credit Association (“ARCA”) (credit reporting rules).

For more information about the New Zealand Privacy Principles and credit reporting rules visit:

  • Office of the New Zealand Privacy Commissioner (privacy generally); or 
  • Retail Credit Association of New Zealand (credit reporting rules).

10. Amendments to this Privacy Policy

We may change this Privacy Policy at any time by changing or removing existing terms or adding new ones. Changes may take the form of a completely new Privacy Policy. We will tell you about any changes by posting an updated Privacy Policy on our website. Any change we make applies from the date we post it on the website. By continuing to use our services you will be deemed to agree to our updated Privacy Policy.

Online terms

1. General terms

Prospa Advance Pty Ltd and Prospa NZ Limited (as applicable), and their subsidiaries and affiliates (“Prospa”) require you to comply with with these online terms and conditions (the “Online Terms”) when using the Prospa App and Prospa Online (collectively, the “Digital Channels”)

In the Online Terms, “you”, “your”, and “yours” refers to the person accessing the Digital Channels and “we”, “us” and “our” refers to Prospa.

Device means any equipment (electronic or otherwise) designed to be used to access your Account.

1.1 Acknowledgment & Acceptance

Please read this document carefully as it sets out the Online Terms under which you access and use the Digital Channels. Each time you use the Digital Channels, your use indicates your acknowledgement and acceptance of these Online Terms.

1.2 User obligations

By using the Digital Channels, you agree that you must:

  • not provide Prospa with any information that is false, misleading or incomplete, including, without limitation, in relation to your identity, your financial position or trading information or that of your business;
  • provide Prospa with your current and complete contact information and ensure that you advise Prospa promptly if any of these details change;
  • not use your Account for any activity that is fraudulent, improper or illegal;
  • immediately contact Prospa if you believe that your Account has been compromised or improperly accessed through the Digital Channels, or there have been any fraudulent or improper transactions or a security breach in relation to your Account.

1.3 About the Digital Channels

The Digital Channels allow you to access specific information in connection to past and current Prospa products in your use (“Account”), including viewing your balance, and instructing us to perform certain transactions on your Account. Not all products and services offered by Prospa, or all features of such products and services, are available through the Digital Channels. The Prospa App offers additional functionality tailored to mobile devices.

These Online Terms do not affect the terms and conditions that apply to each of the products and services offered by Prospa. The terms for each Prospa product or service which relate to your Account are provided to and accepted by you during the application and approval process for the specific product (or if you are accessing the Digital Channels as an authorised agent for another person, the terms and conditions which were provided to, and entered into by, that other person). To the extent there is any inconsistency between these Online Terms and the terms of the specific product, the terms of the specific product will prevail.

1.4 you need to contact us

If you need to contact us or there’s anything in this document that you’d like to clarify or know more about, simply contact us at:

In Australia:

1300 882 867 

[email protected] 

Monday – Friday: 7:30am – 7pm (AEST)

Level 1 / 4-16 Yurong Street
SYDNEY, NSW 2000

In New Zealand:

0800 005 797
[email protected]

Monday – Friday: 9am – 7pm

PO Box 331431 Takapuna 0740

2. Changes to the Online Terms

We may vary the Online Terms from time to time. We may give you notice of these changes by publishing the new Online Terms on the Prospa website, www.prospa.com or www.prospa.co.nz (in Australia and New Zealand respectively) (the “Website”), making them available through the Digital Channels or by an electronic communication.

We do not have to give you prior notice of a change other than where we make any changes which impose fees and charges for use of the Digital Channels, in which case you will be provided with written notice no less than 20 days prior to such change taking effect. Your continued access and use of the Digital Channels following any such changes will be deemed to signify and confirm your acceptance of any such changes.

3. Jurisdictional limitations

Not all products and services offered by Prospa are available in all geographical locations. You acknowledge and accept that accessing the Website or Digital Channels in a geographical location other than your own may result in your receiving information in respect of products and services which are not available to you and that Prospa is under no obligation to provide you with such products and services.

4. Intellectual Property

The content of the Digital Channels is the exclusive property of Prospa or is used by Prospa under licence from another party. Users of the Digital Channels are prohibited from using any intellectual property, including any trademarks, logos and marks (“Digital Channels IP”) for any purpose without the prior written permission of Prospa or such third party which may own the relevant Digital Channels IP.

All information and content available on or through the Digital Channels (including any software programs) (“Content”) is protected by copyright. Users of the Digital Channels are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content for any commercial or public purpose.

The Digital Channels may contain hyperlinks to third-party sites and materials (“Links”). These Links are provided for information purposes only and Prospa does not thereby endorse or authorise the content of such Links or imply any ownership or control over such Links. You should assess the risks and consider the reliability of the content of such Links before relying upon or retrieving information from such Links.

5. Costs

Subject to any change notified in accordance with section 2, the Digital Channels are provided to, and can be used by, Prospa customers free of charge however at all times standard fees and charges for using Prospa products and services still apply regardless of how such use is effected. If you are downloading or accessing the Digital Channels (including the Prospa App) through your mobile service provider or through Wi-Fi, you may incur internet data charges from your mobile or internet service provider.

You agree that, by downloading and signing in to the Prospa App or signing in to Prospa Online, Prospa may send SMS messages to your nominated mobile number. Prospa is not liable for any loss or damage you suffer as a result of any person other than you accessing those SMS messages. You may incur charges from your mobile or internet service provider as a result of such SMS message. Any such charges are your responsibility.

6. Security

6.1 Your security responsibilities

You must, without limiting any other obligation to Prospa, take all reasonable steps to:

(a) safeguard any information, software and equipment required for your operation of any Digital Channel;

(b) ensure the integrity and proper operation of your own security procedures and your connection to Prospa; and

(c) prevent unauthorised access to your Account via the Digital Channels. This may include (without limitation) ensuring you have adequate anti-virus and device security measures in place.

If your mobile device has been “jailbroken”, the security of your device operating system may have been compromised. This makes you susceptible to third-party applications that may contain malware or the ability for third parties to harvest your information, including information available through applications on your mobile device. Prospa will not be liable for any loss arising from your use of the Digital Channels or any other loss that may arise in connection with the Digital Channels as a result of your device being jailbroken.

We recommend that you keep the operating system and security software for your mobile device updated with any releases issued by the manufacturer of the mobile device or your system provider.

6.2 You must let us know about any security breaches

You must advise us as soon as possible of the loss, theft, misuse of a device, passcode, authentication method or electronic equipment in connection to your Account. You must report if you believe there has been unauthorised access to your Account.

If you need to contact us outside of our available contact hours, please leave a message or send an email and we will contact you as soon as possible. Our contact details are located at section 1.4 of these Online Terms.

7. Accessing the Digital Channels

As electronic services are subject to interruption, unavailability or breach of security for a variety of reasons, access to and use of a Digital Channel is offered on an “as is, as available basis” only. You are responsible for ensuring that you have adequate contingency plans to enable you to transact by other means in the event of an interruption or unusual delay in respect of the operation of a Digital Channel. To the extent permitted by law, Prospa will not be liable for any loss or damage incurred as a result of the Digital Channels being unavailable or limited for any reason.

To access your Account via the Prospa App, simply download the Prospa App from the iOS App Store or Google Play Store (as applicable for your mobile device). Follow the prompts in the Prospa App to complete the initial sign in process and you will see your products in the Prospa App. Prospa Online is a browser-based service so all you need is a compatible browser.

For security reasons, you will be automatically signed out of the Prospa App and Prospa Online after 5 minutes of inactivity.

8. Authentication

There are different authentication methods for Prospa App and Prospa Online.

If you use Prospa Online, access to your account is authenticated through email and password.

If you use the Prospa App, you will be prompted to:

select a passcode; and

if you would like to, set up biometric information such as the fingerprints or facial data you store on your chosen mobile device for accessing the Prospa App.

If you choose to use biometric information to log into the Prospa App, you should ensure that only your biometric information is stored on the mobile device. Each time the mobile device registers a use of biometric information to authorise any transactions through Prospa App, you instruct us to perform those transactions. If another person’s biometric identifiers are stored on your mobile device, you acknowledge that they will be able to access your Account through the Prospa App.

8.1 It is your responsibility to keep your Account secure

You must ensure your passcode, password and/or biometric identifiers (collectively, Access Methods”) remain secure. As keys to your Account, Access Methods allow anybody using them to conduct operations on your Account. You authorise us to allow any transaction or act on any instructions received on an Account for which the correct Access Methods have been provided.

8.2 Two-factor authentication

SMS code is an additional layer of security to protect your Account. For certain transactions on the Digital Channels, you’ll be sent an SMS code to your mobile number, which you will need to input to complete the transaction.

We don’t charge you a fee for sending a SMS code to your mobile number. However, your mobile phone service provider may impose fees and charges, including fees and charges for sending and receiving SMS messages. The payment of any such fees is the responsibility of the mobile phone account holder. If you have any concerns regarding such fees and charges, please speak to your mobile service provider.

9. No warranty

All Content provided or displayed through the Digital Channels is provided on an “as is” basis. Prospa does not warrant the results that may be obtained from the use of the Digital Channels, or the accuracy, adequacy or reliability of any Content obtained through the Digital Channels, regardless of whether the Content is from Prospa or any other third party, and Prospa expressly disclaims liability for errors or omissions in the content. Notwithstanding any other provision of the Online Terms, no warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, satisfactory quality, merchantability, fitness for a particular purpose and freedom from computer virus or other invasive or damaging code, is given in conjunction with the Digital Channels.

10. No advice

Any information provided in the Digital Channels is general in nature and, unless expressly stated otherwise, does not constitute an offer or invitation for finance or to enter into a legally binding arrangement for any of Prospa’s products or services. All applications for finance through Prospa’s products and services are subject to standard credit approval, fees, terms and conditions.

Prospa does not make any representation that the Digital Channels or its products and services are appropriate or suitable for you or your circumstances. You acknowledge that your use of the Digital Channels and any enquiries or application for any products or services offered by Prospa is not made as a result of any inducement by Prospa and that any information available through the Digital Channels is not to be treated as and does not constitute financial advice.

11. Personal information

We may collect information about your installation and use of the Digital Channels for the purposes of analytics, research and improvement of our products and services. Any such information will be collected, stored, used and managed in accordance with our Privacy Policy.

12. Stopping access or use

Prospa may change or terminate any of the Digital Channels at any time, in its absolute discretion. In addition, your licence to use the Digital Channels may be limited or terminated at any time, including, if you do not comply with these Online Terms.

Despite any right contained in these Online Terms, we can suspend, block or close your access or use of the Digital Channels without telling you if:

  • Prospa suspects fraud or an unauthorised transaction has occurred;
  • your Account is cancelled, blocked or suspended;
  • Prospa is required by applicable laws, a court order or a direction of a regulator; or
  • we think it’s reasonably necessary to protect our legitimate business interests.

13. Governing Law

If you are domiciled in Australia, these Online Terms are governed in accordance with the laws in force in New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

If you are domiciled in New Zealand, these Online Terms are governed in accordance with the laws in force in New Zealand and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

14. Limitation of Liability

To the extent permitted by law, Prospa is not liable to you for any loss or liability arising from or in connection with the Digital Channels. This may include, without limitation, loss or liability arising from:

  • Content on the Digital Channels or Website;
  • your use of the Digital Channels, including any damage to your mobile device or electronic systems resulting from your access or use of the Digital Channels;
  • your improper use of the Digital Channels or Access Methods. This includes losses arising as a result of a security breach, any fraudulent act by you or any loss which is caused by or contributed to by you, including failure to comply with these Online Terms or other policies on our Website;
  • your inability to access your Account through the Digital Channels;
  • any modification, suspension or discontinuance of the Digital Channels; or
  • any costs, charges or expenses you incur as a result of using the Digital Channels, such as mobile carrier charges.

15. Responsibility for mistaken and unauthorised payments

Mistaken payments

It is important to enter the correct BSB and account information when authorising payments from your Account. Where you enter the wrong information:

funds may be credited to the account of an unintended recipient if the BSB number and account number do not belong to the person you name as the recipient; and

if you enter the incorrect details, it may not be possible to recover funds from an unintended recipient.

Unauthorised payments

You will not be responsible for an unauthorised payment where you didn’t contribute to the unauthorised payment.

We may consider that you have contributed to unauthorised payment where:

you have not kept your Account or Access Methods reasonably secure; or

there was an unreasonable delay in reporting that the security of your Account or Access Method has been breached.