C3 Convergent Capital Corp : Term & Conditions

Use of the Convergent Capital Corp. site (“the Site”) is governed by these Terms and Conditions of Use. These Terms and Conditions may vary from time to time and you should make yourself aware of its content before each time you use the Site.

1. Definitions

C3 means Cthree Pty Ltd ABN 50 094 724 204 trading as Convergent Capital Corp C/- GPO 2147 Sydney NSW 2001

We means C3, any of its associated companies or its officers, directors, employees, agents or contractors. Us has a corresponding meaning.

You means any user of the site and any person on whose behalf you are accessing the Site and Your has a corresponding meaning.

2. Use

2.1 You agree to use the Site and C3 authorises you to use the Site in accordance with these terms and conditions.

2.2 C3 at all times retains the absolute right to withdraw or otherwise terminate your access to the Site.

2.3 C3 may also at any time, in its absolute discretion vary, amend, delete or impose additional terms and conditions of use of the Site.

3. Service

3.1 C3 may at any time change the range of services offered on the Site or impose, remove or otherwise change requirements to access the Site.

4. Your obligations

4.1 You agree:

(a) to use the Site in good faith and for a proper purpose;

(b) not to engage in any fraudulent or immoral activity nor to use the site for any corporate espionage;

(c) to take reasonable care when accessing the Site and to use your best endeavours to protect your password from unauthorised disclosure; and

(d) to use your best endeavours to prevent the spread or diffusion of any software contamination including computer viruses.

5. Our obligations

5.1 We agree:

(a) to use our reasonable efforts to keep the Site up to date; and

(b) to hold your Personal Information in accordance with our Privacy Policy (described below) and all relevant legislation.

6. Accuracy

While we try to make sure content on the Site is up to date and correct, unfortunately we can not guarantee the accuracy of the material on our site.

7. Exclusion of Liability

7.1 Neither C3 nor any of its associated companies, nor any other party involved in creating producing, or delivering this site, shall be liable for any direct, incidental, consequential, indirect or punitive damages, costs, losses or liabilities whatsoever arising out of your access to, or use of, this site - including that caused by our acts or omissions, negligent or otherwise. Everything on this site is provided to you "as is" and in good faith.

7.2 We do not warrant the accuracy of any of the material contained in this site or that it fits any particular purpose. In addition, we will not be liable for any damages to, or viruses that may infect, your computer equipment or other property, by reason of your use of, access to, or downloading of any material from, this site. Some jurisdictions may not allow certain limitations of warrantees and damages, so some of the above exclusions many not all apply to you.

7.3 Any information sent to us through the Site becomes and will remain our exclusive property with unrestricted rights to use it, without compensating you or anyone else for them. In addition, any such information will not have to be treated by us as confidential.

7.4 To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which by law cannot be excluded is limited at our option to the following:

(a) in the case of services supplied or offered by C3,

i. the supply of the services again, or

ii. the payment of the cost of having the services supplied again; and

(b) in the case of goods supplied or offered by C3,

i. the replacement of the goods or the supply of equivalent goods,

ii. the repair of such goods,

iii. the payment of the cost of replacing the goods or of acquiring equivalent goods, or

iv. the payment of the cost of having the goods repaired.

8. Testimonials

9.1 From time to time C3 may seek a testimonial from you for marketing purposes. If you agree to provide a testimonial, you acknowledge and accept that:

(a) the testimonial will be displayed on the Site;

(b) other users of the Site may contact you directly through the Site for further information;

9. Cookies

9.1 The Site uses "cookie" technology to assist in identifying registered users so as to avoid them having to log-in manually each time. We do not use cookies to extract any personal information.

10. Links

10.1 The Site may contain links to other sites. We are not responsible for the privacy practices or content of companies linked to our website. Before disclosing your personal information on any other website, you should examine the privacy policies of those websites.

11. Copyright

All material, trade marks or other intellectual property on this site are owned or licensed of Cthree Pty Ltd and are subject to copyright. Unless explicitly authorised, reproduction is not permitted. Unauthorised modification, copying, hiring, lending, transmission or communication is prohibited. Material from this site may not be sold or otherwise distributed for profit or otherwise.

12. Privacy

This C3 Privacy Policy covers Cthree Pty Limited and each of its Australian subsidiaries (“C3”). It explains how we protect your privacy.

Introduction to C3’s Privacy Policy

Protecting your privacy

Protecting your privacy and the confidentiality of your personal information is fundamental to the way C3 does business.

We have systems and procedures in place to protect your privacy whenever we collect, store, use or disclose your personal information. You can request details about the information a C3 company holds about you and you have a right to ask it to correct this information.

A new privacy framework

A new Federal privacy framework regulating the way private sector organisations handle personal information has applied since 21 December 2001.

Handling of personal information relating to C3 employees is outside the scope of the Privacy Act 1988 (Commonwealth), if the handling of the information relates directly to a current or former employment relationship between an employee and C3.

How we collect your personal information

We collect most personal information directly from you. For example, your personal information will be collected when you open an account, fill in an application form, deal with us over the telephone, send us a letter, visit our websites or when you visit us in person.

The type of personal information we collect may include your name, mailing address, telephone number, e-mail address, tax file number, date of birth, annual income and other financial details, place of work, credit history, and your history.

There may be occasions when we need to source personal information about you from a third party. For example, we may collect personal information from a credit reporting agency, our business alliance partners, third party brokers and government agencies.

How we use your personal information

We will tell you the purposes for which we intend to use your personal information.

We only collect personal information about you that is necessary to perform our functions and activities. If you do not provide this information, A C3 company may not be able to deal with you, or provide you with a product or service.

We may use personal information for several purposes

A C3 Company may collect your personal information:

to assist in providing information about a product or service;
to consider your request for a product or service;
to enable it to provide a product or service;
to tell you about other products and services that may be of interest to you;
to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion and provision of a product or service;
to perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, and market or customer satisfaction research);
to prevent orinvestigate any fraud or crime (or a suspected fraud or crime); and
as required by relevant laws, regulations and codes.

We may disclose personal information to third parties when we contract out some of our functions and activities. For example, we may provide names and addresses to a mailing house to mail account statements to you and other customers. In these situations, we prohibit third parties from using your personal information except for the specific purpose for which we supply it.

What about sensitive information?

We will not collect, use or disclose sensitive information about you unless it is necessary to provide you with a product or service and we have your consent or, unless we are legally required to collect, use or disclose that information.

Sensitive information, as defined by law, is any information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information.

We will always explain the purpose for collecting sensitive information. For example, we use health information provided in a life insurance application to assess the application and, after the insurance policy is put in place, to administer the policy and assess any claim made under that policy.

Your consent is important

Personal information is usually used or disclosed only after obtaining your consent. Your consent can be express or implied.

Your express consent can be verbal or written. For example, our credit card application may contain a statement that a credit reference will be required. By signing the application, you are giving your express consent to a credit reference being obtained about you from a credit reporting agency.

You imply consent when we can reasonably conclude that you have given consent by some action you take, or when you decide not to take action. For example, if you use our telephone service and continue the call after hearing the recorded message telling you that the call may be monitored or recorded for quality assurance purposes, you have given us your implied consent to monitor or record your call.

If you do not consent to certain uses of personal information by a C3 Group company, it may not be able to deal with you, or provide you with a particular product or service.

The circumstances where we may use or disclose personal information without your consent are very limited. They include where we are required by law, for the investigation of an offence or for court proceedings.

Sharing of personal information within C3

For us to service our relationship with you and carry on business as a group, it is important that we have the capacity to share your personal information with other C3 entities within the group.

We will obtain your consent to share your personal information with other C3 companies and only share that information for the purposes to which you have agreed.

Disclosing to third parties

Subject to any general duties of confidentiality towards our customers and subject to the Privacy Act, a C3 company may need to disclose your personal information to:

your referee(s);
credit reporting or debt collecting agencies;
an organisation that is in an arrangement or alliance with it for the purpose of promoting or using their respective products and services (and any agents used by that organisation in administering such an arrangement or alliance);
any service provider it engages to carry out its functions and activities;
regulatory bodies, government agencies, law enforcement bodies and courts;
other parties it is authorised or required by law to disclose information to;
other financial institutions (such as banks);
mortgage insurers and any reinsurer of any such mortgage insurer;
your guarantors (and intending guarantors);
any person who introduces you to it;
your authorised agents or your executor, administrator or legal representative.

Marketing and privacy

Serving customers well is fundamental to our business. As part of this service we may use personal information we have collected to identify a product or service that may benefit you. We may contact you from time to time to let you know about new or existing products or services.

You can contact us at any time if you do not want to receive marketing information from C3. We will process these instructions as soon as practicable.

We keep your personal information up-to-date

If we have accurate information about you, it enables us to provide you with the best possible service.

We take reasonable steps to ensure that your personal information is accurate, complete and up-to-date at the time of collecting, using or disclosing the information.

We will correct personal information

If you learn that current personal information we hold about you is inaccurate, incomplete or out-of-date, you should contact us.

We will promptly update any personal information that is inaccurate, incomplete or out of date.

You also have the right to request that a statement be attached to your personal information if we disagree with your request to correct the information.

You can request details about your personal information

Subject to some exceptions, you can find out what personal information C3 holds about you.

How to request details

You should contact us if you wish to find out about the personal information A C3 company holds about you. We will need to verify your identity before giving you access.

We will normally be able to deal with your request immediately. If the request is complex, we will ask you to complete a personal information request form. We can usually deal with such a request within 14 to 30 days.

Depending on the complexity of your request, we may charge a fee for processing the request. Please refer to our fees and charges booklets, available in C3 branches and at C3.com, for our standard fees and charges.

In a limited number of circumstances, we may not be able to tell you what personal information is held about you including where:

it will threaten the privacy of other individuals;
the information relates to anticipated legal proceedings;
the information would reveal our commercially sensitive decision making process; or
the law prevents us from disclosing the information.

If we are unable to tell you what personal information is held about you, we will give you the reasons why and attempt to find alternative means to enable you to access your information.

We store your personal information securely

We protect any personal information that we hold about you from misuse and loss. We also protect it from unauthorised access, modification and disclosure.

We protect your information

Your personal information can only be accessed by people properly authorised to have access.

Your personal information may be stored in hardcopy documents or electronically.

We maintain physical security, such as locks and security systems, over our paper and electronic data stores and premises. We also maintain computer and network security: for example, we use firewalls (security measures for the Internet) and other security measures such as identification codes and passwords to control access to computer systems.

We destroy personal information we no longer need

We will destroy personal information if it is no longer needed:

for the purposes for which we collected it; or
for the purposes of meeting legal requirements.

We will properly dispose of all paper files, letters, correspondence and any other hardcopy documents that contain personal information that is no longer needed.

All information stored in electronic form that is no longer required will be deleted from our systems.

Web site security and privacy

The Internet has rapidly changed the way we do business. It allows C3 to provide services that you can access from the convenience of your home or office.

C3 continually maintains and monitors its online security systems to ensure your personal information is appropriately protected.

How you can help protect your privacy

You can help us to protect your privacy by:

observing our security requirements relating to passwords; and
Contacting us immediately when you change contact details, such as your address and telephone number.

Resolving your concerns

You are entitled to complain if you believe that your privacy has been compromised. We will respond to a complaint as soon as possible but within 96 hours, to let you know who is responsible for managing your complaint. We will try to resolve the complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long it will take to resolve the complaint.

How to make a complaint

If you have a privacy complaint, you should contact the person, C3 company department or branch that you have been dealing with. We will take responsibility for your complaint at the point where the problem occurs. If your complaint is not resolved to your satisfaction, you can then contact our National Customer Liaison department to handle the complaint.

Phone	1300 284 733*
Mail	C3 National Customer Liaison
GPO Box	2147 Sydney NSW 2001
Fax	(02) 8080 8272
Email

Our Privacy Officer, who is also our Customer Advocate, can objectively and impartially review your complaint, or the way we handled the complaint, if you are dissatisfied with our internal complaints process.

If your complaint is not satisfactorily resolved, you may apply to the Federal Privacy Commissioner to have the concern heard and determined. For more information about how to lodge a complaint with the Federal Privacy Commissioner, please contact the Commissioner’s hotline service on 1300 363 992.

* Freecall unless from a mobile, which will be charged at applicable mobile rates.

Need more information?

If you have a query relating to our Privacy Policy, contact the person, department or office that you normally deal with, or call the C3 Contact Centre on 1300 660 580, 10am to 4pm EST, Monday to Friday.

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