We may use your personal information to provide you with information about offers, promotions, goods, or services, which we believe may be of interest to you. We will ensure:

1. Direct Marketing: We will only use your personal information for direct marketing if you have provided explicit consent.
2. Third-Party Services: We will not share your personal information with third parties for their own marketing purposes without your explicit consent.
3. Opt-Out: If you consent to receive marketing communications, you will always have the opportunity to opt-out of receiving future marketing communications.”

We may disclose personal information to our related bodies corporate, service providers or business partners.

We may also disclose your personal information:

1. Suppliers of goods and services that we have partnership agreements with.
2. To third parties where you have requested information, services or products from.
3. If you apply to us for credit, to:
   1. Credit reporting bodies (for the purpose of obtaining credit reporting information about you and other permitted purposes – see our Credit Reporting Policy below for more details);
   2. Other credit providers, existing or previous suppliers of goods or services, your bank and certain other businesses for the purposes of assessing your application;
   3. Trade-credit insurance providers;
   4. Advisors, including accountants, bookkeepers and lawyers;
   5. Trade references as listed by the applicant.
4. Relevant public, government or regulatory authorities, our legal representatives or other concerned parties, in special situations where we have reason to believe that disclosing your personal information is necessary to help identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities; and
5. Where we are otherwise authorised or required by law to do so.

We are not responsible for the way these organisations collect, use, disclose or handle personal information you provide to them through our Websites.

Personal & commercial information submitted by Pencil’s customers and visitors may be held on servers located in Australia or in data centres in Asia. We transfer data outside of Australia to our service providers in order to obtain secure storage, back-up and data retrieval services and to provide services. When you provide us with your personal or commercial information you give us your consent to store your personal information outside of Australia for the purposes described above.

Where we have obtained your consent to do so, we may also share your personal and commercial information with our service providers and other third parties located outside Australia so that they can provide you with any products or services requested by you, including contacting you in relation to the products or services. As these entities are located outside of Australia, they are not required to comply with the Privacy Act and you will not be able to seek any redress under the Privacy Act in connection with the use of your information.

We strive to ensure the security, integrity and privacy of personal & commercial information we collect. We have established safeguards and use reasonable security measures to protect your personal information from unauthorised access, modification and disclosure. Our employees, contractors, agents and service providers who provide services related to our information systems, are obliged to respect the confidentiality of any personal & commercial information held by us. We review and update our security measures in light of current technologies. Unfortunately, no data transmission over the internet can be guaranteed to be totally secure.

We will endeavour to take all reasonable steps to keep accurate and up to date, any information which we hold about you. If, at any time, you discover that information held about you is incorrect or you would like to review and confirm the accuracy of your personal information, you can get in touch.

You can also gain access to the personal information we hold about you, subject to certain exceptions provided for by law. To request access to your personal information, please get in touch.

If at any time you have any concerns, complaints or questions in relation to you or your businesses privacy, or the general, Pencil business, please get in touch. so that we may resolve your concerns.

Our team will consider your query and endeavour to respond to you promptly.

For more information about privacy issues in Australia and protecting your privacy, visit the Office of the Australian Information Commissioner.

Credit applications by businesses for our services

Pencil & it’s suppliers provide ‘commercial credit’ for the purposes of the Privacy Act to businesses who apply for credit in relation to our services. We do not provide any consumer credit.

References to “you” and “your” in this credit reporting policy are references to individuals in relation to whom we hold credit information or credit eligibility information for the purposes of the Privacy Act in connection with such credit. This policy provides details about our management of such information.

How we collect and hold ‘credit information’ and ‘credit eligibility information’ about you:

“Credit information” relates mainly to your credit-related dealings with us and comprises various types of information that can be collected by credit reporting bodies (“CRBs“) that report on consumer credit worthiness. We may collect or generate various categories of ‘credit information’ about you.

We may also collect “credit worthiness information” about you and your business, which is mostly information provided by CRBs relating to your dealings with other credit providers (for example, financial institutions that provide you with loans or other businesses that provide you with credit in connection with their products or services).

“Credit information” and “credit eligibility information” may include:

1. Identification information: such as your name, address and date of birth.
2. Details about information requests made to CRBs: such as the fact that we or another credit provider have requested credit reporting information about you from a CRB to assess a credit application and various details about the credit you have applied for;
3. Payment information: being information that an overdue payment has been repaid;
4. Information about consumer & commercial credit-related serious credit infringements;
5. New arrangement information: being information about certain credit-related arrangements you may have entered with another credit provider in connection with a consumer or commercial credit default or serious credit infringement;
6. Court proceedings information: being information about certain credit-related judgments;
7. Personal insolvency information: being information recorded in the National Personal Insolvency Index about bankruptcy or various other insolvency-related matters;
8. Publicly available information about activities relating to credit worthiness.

Credit eligibility also includes credit worthiness information that we may derive from data we receive from a CRB, such as a credit risk score.

We may collect credit information about you or your business in any of the circumstances described above under the heading “How we collect your personal information” above. We collect credit eligibility information from CRBs but may collect it from other third parties where permitted by the Privacy Act (such as from other credit providers with your consent).

We store and safeguard your credit information and credit eligibility information in the manner described under the headings “Disclosure and storage of personal information outside Australia” and “Security” above.

Disclosure of you, as well as your business credit information & eligibility.

We may disclose you and your business credit information to CRBs. Those CRBs may then include that information in credit reporting information that they provide to other credit providers to assist them to assess your credit worthiness. For example, we may disclose to a CRB the type of commercial credit, and the amount of credit, sought in your application for credit with us. We may also use and disclose your credit information for other purposes and in other circumstances as described under the headings “How we use your personal information” and “How we disclose your personal information” above when permitted to do so by the Privacy Act.

Our use and disclosure of credit eligibility information is regulated by provisions of Part IIIA of the Privacy Act and the Credit Reporting Privacy Code. We will only use or disclose such information for purposes permitted by these provisions, such as:

1. To process an application for credit with us in relation to our services;
2. To process an application for credit with our suppliers for goods and services;
3. To process an application with one of our listed commercial credit partners with your consent.
4. To manage commercial credit, we collect overdue payments; or
5. Where a disclosure is required or authorised under an Australian law or a court/tribunal order.

In some cases, the people to whom we may disclose your credit information or credit eligibility information may be based outside Australia – see the heading “Disclosure and storage of personal information outside Australia” above for more details.

If at any time you would like to make a complaint about whether we have complied with the Privacy Act or with the Credit Reporting Privacy Code, please contact our team at [email protected] so that we may resolve your concerns.

If you make such a complaint, we will write to you with 7 days acknowledging that we have received your complaint and setting out how we will deal with it. We will aim to investigate and resolve your complaint within 30 days. We may need to more than 30 days to resolve your complaint, we will advise you of the reasons for the delay and reserve the right to extend this day period.

If you are not satisfied with our handling of your complaint, you can refer your complaint to our external dispute resolution service provider, Credit Ombudsman Service Limited (COSL). Please only do this once you have complained directly to us as described above.

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pencil.One Pty Ltd.

Pencil.One Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pencil.One Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

We may also collect information that your browser sends whenever you visit our Service ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, thepages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service's functionality. These third party service providers have their own privacy policies addressing how they use such information.

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

We send a session cookie to your computer when you log in to your User account. This type of cookie helps if you visit multiple pages on the Service during the same session, so that you don't need to enter your password on each page. Once you log out or close your browser, this cookie expires.

We also use longer-lasting cookies for other purposes such as to display your Content and account information. We encode our cookie so that only we can interpret the information stored in them. Users always have the option of disabling cookies via their browser preferences. If you disable cookies on your browser, please note that some parts of our Service may not function as effectively or may be considerably slower.