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Terms and Conditions
Thank you for visiting our website. The Driva website (www.driva.com.au) is owned and operated by Driva Pty Ltd (ABN 37 636 659 160). By visiting this website, you accept these Terms and Conditions (‘Terms’) and our Privacy Policy. If you do not agree to be bound by these Terms, you must immediately cease use of the website and services. In these terms, ‘us’, ‘we’, ‘our’ and ‘Driva’ refers to Driva Pty Ltd.

DISCLAIMER AND LIMITATION OF LIABILITY
The information provided on our website is not comprehensive and is intended to provide a summary of the subject matter covered. Driva takes care to ensure the completeness and accuracy of the statements on our website. However, to the maximum extent permitted by law including the Australian Consumer Law, Driva makes no warranty and have no liability regarding the information on this website. Driva will also not be held liable for any incidental, special, consequential, or indirect damages arising out of, or related to, the use of the website or services provided by Driva. These damages may include, but are not limited to, damage for loss or corruption of data or damage to your computer systems. You must take your own precautions to ensure that your use of our website does not interfere with or damage the operations of your computer systems.

The rates provided by Driva's online application and pricing tool are subject to change where the information provided by you changes or is not accurate. In these circumstances, the rates and loan options provided on the results by Driva are subject to change or become unavailable.

LINKED SITES
Our website may have links to third party websites (e.g., lenders, credit bureau agencies). Unless expressly stated otherwise, we do not endorse and are not responsible for the content on these linked websites and have no control over these linked websites.

INTELLECTUAL PROPERTY RIGHTS
This website is subject to copyright and is entirely owned by Driva, and may contain third party materials that are subject to copyright. You may not reproduce, sell, publish, transmit or disseminate the contents of this website without our prior permission, or unless permitted by the Copyright Act 1968. However, you are permitted to make a copy for the purpose of viewing the content for your own personal use.

INDEMNIFICATION
‍You agree to indemnify Driva for any losses, costs, liabilities and expenses arising out of your use of our websites or services, your violation of these Terms and your violation of any application laws, rules or regulations.

‍JURISDICTION AND GOVERNING LAW
Your use of the website, these Terms and Privacy Policy and governed by the law of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.  This agreement is effective by using our website and / or services, which constitutes acceptance of this agreement. This agreement will remain in force in perpetuity unless terminated by Driva or you.

Privacy Policy & Consent

PROTECTING YOUR PRIVACY

Driva Pty Ltd (ACN 636 659 160) is committed to acting in the best interest of our customers, including protecting your privacy.

This document sets out detail of what information we (and the credit provider listed in this document that we submit your application to) collect from you, for what purpose and how we (and the credit provider listed in this document that we submit your application to) use, store and disclose this information. 

When you accept and agree to the terms of this Privacy Policy and Consent (“Policy”),  you consent to us (and the credit provider listed in this document that we submit your application to) collecting, using, holding and disclosing personal information, credit information, credit eligibility information and credit report information (as those terms are defined in the Privacy Act 1988 (Cth)) (together “information”) about you for the purposes set out in this Policy. 

In this document, ‘Driva’, ‘we’, ‘us’ and ‘our’ are references to Driva Pty Ltd and ‘credit provider’ is a reference to the credit provider listed below in this document under the heading ‘Credit Providers’ that we submit your application to.

Where you have provided information to us or our credit provider about another individual (including a spouse, partner or joint applicant), you confirm that you are authorised to do so, and that the individual has been made aware of the fact and relevant contents of this entire Policy.

INFORMATION WE COLLECT

Personal Information

Personal Information, as defined in the Privacy Act, refers to information from which your identity is apparent or can reasonably be ascertained. This includes things like your name, address, date of birth, email address, occupation, driver’s licence number, financial details, employment details and proof of earnings and expenses. We and the credit provider may hold details of the products or services you have enquired about (including their status) as well as those we have assisted you to acquire, together with any information necessary to deliver those products and services and respond to your enquiries.

If you choose not to provide certain Personal Information, it may limit our ability to provide you with the products or service you require, or we may be unable to tailor the services to your preferences, leading to a negative impact on your experience as a customer. Our credit provider may also be unable to process or accept your credit application and may not be able to provide finance or other products or services to you. 

Sensitive Information

Sensitive Information, as defined in the Privacy Act, is a subcategory of Personal Information. Sensitive Information is any information about your racial or ethnic origin, political opinions, 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 may seek, collect, use or disclose Sensitive Information about you but only if that sensitive information is required for one of the purpose of providing you with a product or service, typically related to verifying your identity or income.

You expressly provide your consent to us receiving this information and holding it for the purposes outlined in this Policy.

Credit-related Information

The Personal Information we collect and hold about you may include “Credit-related Information”. Credit-related Information includes credit information and credit eligibility information which is used to assess your eligibility to be provided with finance and may, as outlined in the Privacy Act, include any finance you have outstanding, your repayment history for any current or prior debts, and any defaults. Credit eligibility information includes CRB-derived information and credit reporting information such as the information we receive from Credit Reporting Bodies (‘CRB’) in your credit report, information about your history with other lenders and other products you have applied for, and how you have historically managed your lending commitments.

We exchange your Credit-related Information with CRBs for the purpose of verifying you and to assess your creditworthiness and your application for finance.

You can request to access to the Credit-related Information that we hold about you and make a request for us to correct that Credit-related Information if needed. We explain how you can do this below.

Unsolicited information

Sometimes people share information (including Sensitive Information) with us that we have not sought out. This could be through using our website or using our services to apply for a product. If we receive such information, we will determine whether we would have been permitted to collect that information. If so, we will handle this information the same way as we do any other Personal Information we seek from you. If not and the information is not contained in a Commonwealth record, we will destroy or de-identify it as soon as practicable, but only if it is lawful and reasonable to do so. Where this information is not easily unbundled from other information, we may need to store this information for future use, such as to help resolve disputes between us or to assess future applications by you.

PURPOSE FOR COLLECTING YOUR INFORMATION

We and the credit provider collect your information for the purpose of sourcing consumer or commercial credit for you, or for a company of which you are a director (as applicable), and for the other purposes set in this Policy. 

HOW WE COLLECT INFORMATION FROM YOU

We may collect information from you in a number of ways, including:

  • Directly from you, for example when you fill out an application form on our website;
  • When you visit our websites;
  • From third parties such as our marketing websites, related companies or CRBs;
  • From your representatives e.g., solicitors;
  • From referral partners, who refer your business to us e.g., car dealerships; 
  • Any external parties where you have asked them to provide your personal information to us
  • From publicly available sources; and
  • From your own records.

USING YOUR INFORMATION

As your broker, we require the information we collect from you to assess your credit application, source a suitable credit provider and any insurances, and to manage the application process, where required. If you do not provide the information sought, we may be unable to process your application, or we may be limited in the other services we can offer you.

How we and the credit provider use your Personal Information

We and the credit provider use your information primarily to perform our respective business activities and functions, including assessing your application for finance and helping you obtain approval from lenders.

Your information may be used to:

  • Verify your identity;
  • Assess your application for finance;
  • Assist you where your applications are not completed;
  • Provide products and services you require;
  • Conduct appropriate checks for credit worthiness and for fraud;
  • Help us and our credit provider manage our respective relationships with you, including disputes and enquiries;
  • Report on and provide data analytics, for regulatory, management and research purposes;
  • Enable recording keeping and audit;
  • Comply with our and our credit provider’s legal and regulatory requirements; and
  • Inform you of ways the products and services provided to you could be improved or additional products or services that you may benefit from.

With your consent, we may disclose your information to third parties such as lenders, referral partners, business partners, brokers or agents, or for the purpose of connecting you with other businesses or customers. This is to enable us to assist you to apply for credit with our lending partners (which may include the credit provider that we ultimately submit your application to). The information shared may include your Personal Information. Our lending partners have safeguards in place to protect the information shared with them. A list of our lending partners can be found on our website (www.driva.com.au/lenders/). Please refer to our lending partners’ privacy policies and other credit reporting documents (available on their respective websites) for further information.

Third party marketing service providers may combine the information we disclose to them with information they already hold about you, in order to provide you with more relevant advertising about our or their products or services.

CRB Disclosures

When we and the credit provider collect information from you in the credit application process, we and the credit provider use that information in a number of ways to assess your credit application. In particular, we may use that information to source a suitable credit provider or lessor and/or insurance provider. We disclose information about you to the credit provider that we submit your application to. 

We may:

  • Disclose your identification information to a CRB and in some cases obtain a credit report; 
  • Use any information the CRB provides in that report to assist us to preliminarily assess your consumer credit application;
  • Disclose your personal information to an insurer or insurers to source any insurances you wish to obtain; and
  • Disclose your credit-related information to a credit provider or credit providers to apply for finance on your behalf.

The information we and the credit provider obtain from you is used for the purposes listed in this Policy, for the purposes listed in the privacy policies and other credit reporting documents available on the website of the credit provider(s) that we submit your application to and is not disclosed to any other person except with your permission or as permitted, or required, by law.

Credit Providers

As part of providing our services to you, we may undertake tasks for a credit provider which are reasonably necessary to manage the application process. When doing so, we are acting as agent for the credit provider, with the same privacy law requirements applying to both of us.

When a credit provider discloses personal information to a CRB in connection with an application for consumer or commercial credit that has been made to the credit provider or in connection with the credit provider considering your suitability as a guarantor for that consumer or commercial credit, this is known as an information request. Australia’s privacy and credit reporting laws do not require the credit provider to obtain your consent to this disclosure. A record of this information request may be used and disclosed for the purposes of the CRB or a credit provider assessing your credit worthiness, including calculation of a credit score or credit rating. The making of an information request may affect your credit score or credit rating as calculated by a CRB, particularly if you have made multiple credit applications in a short period and multiple different information requests have been made by credit providers as a result.

For more information on how credit providers collect, hold, use and disclose your information, you should visit their privacy policies on their websites, which include how you can access and correct the information that these providers hold about you and how you may complain about their handling of your information or any breach of privacy laws by them (and how they will respond to your complaint). 

Credit providers on Driva’s lending panel include, but are not limited to, the entities listed below:

  • Affordable Car Loans Pty Ltd ABN 23 098 491 484
  • Alex Bank Pty Ltd ABN 13 627 244 848
  • Automotive Financial Services Pty Limited ABN 73 003 622
  • Australian Motorcycle and Marine Finance Pty Ltd ABN 85 603 969 875
  • Angle Finance Pty Ltd ABN 98 603 303 126
  • Angle Auto Finance Pty Ltd ABN 16 161 130 696 (Telephone: 1300 561 868, Email: customerexperience@angleauto.com.au, Policy: www.angleauto.com.au/importantdocuments). 
  • ANZ Banking Group Ltd ABN 11 005 357 522
  • Branded Financial Services ABN 27 004 013 334
  • Credit Corp Financial Services Pty Ltd ABN 39 146 255 706
  • Fair Go Finance Pty Ltd ACN 134 369 574
  • FirstMac Asset Funding Pty Limited ABN 59 094 145 963
  • Finance One Pty Ltd ABN 80 139 719 903
  • Finance One Commercial Pty Ltd ABN 18 634 900548
  • Shift Financial Pty Ltd ABN 24 149 390 625
  • Grow Finance Group Pty Ltd ABN 80 613 082 698
  • IPF Digital Australia Pty Ltd ABN 59 130 894 405
  • Jacaranda Finance Pty Ltd ABN 53 162 078 195
  • Latitude Automotive Financial Services ABN 80 004 187 419
  • Latitude Personal Finance Pty Ltd ABN 54 008 443 810
  • Liberty Financial Pty Ltd ACN 077 248 983 
  • Liberty Novated Leasing Pty Ltd ABN 87 676 321 887
  • United Loan Solutions Pty Ltd ACN 611 343 572
  • Macquarie Leasing Pty Ltd ABN 38 002 674 982
  • Metro Finance Pty Ltd ABN 44 600 674 903
  • Metro CF Pty Ltd ABN 85 650 102 891
  • Dynamoney Limited ABN 80 613 082 698
  • MoneyMe Financial Group Pty Ltd ABN 40 163 691 236
  • MoneyPlace Assets Pty Ltd ABN 64 601 04 578
  • Money3 Corporation Ltd ABN 63 117 296 143
  • National Australia Bank Limited ABN 12 004 044 937
  • Now Finance Group Pty Ltd ACN 158 703 612
  • OurMoneyMarket Lending Pty Ltd ABN 64 605 231 669
  • Pepper Asset Finance Pty Limited ABN 56 165 183 317
  • Plenti RE Ltd ABN 57 166 646 635
  • Rapid Loans Pty Ltd ABN 54 103 660 546
  • Scottish Pacific Business Finance Pty Ltd ACN 008 636 388
  • SocietyOne Australia Pty Ltd ACN 151 627 977
  • Wisr Finace Pty Ltd ABN 39 119 503 221
  • Westpac Banking Corporation ABN 33007 457 141
  • Flexicommercial Pty Ltd ABN 17 644 644 860
  • Azora Asset Finance Pty Ltd ABN 12 087 826 159
  • Resimac Asset Finance Pty Ltd (https://www.resimacassetfinance.com.au/en) ABN 93 098 034 041
  • Lumi Finance Pty Ltd ABN 75 627 897 625
  • Ume Loans Pty Ltd ABN 25 138 637 064
  • Automotive Lease Packaging Pty Ltd ABN 12 094 720 804
  • Truepillars Pty Ltd ABN 36 603 933 508
  • R.A.C.V. Finance Limited ABN 82 004 292 291
  • Selfco, a division of Auswide Bank Ltd ABN 40 087 652 060

We may submit your application to one or more credit providers. A credit provider, to whom we submit an application, may disclose information about you to, and collect information about you from, from one or more CRBs.

The website of each credit provider contains details of each CRB with which it deals and other detail about information held about you, including whether that information may be held or disclosed overseas and, if so, in which countries. The websites also describe your key rights. This detail may be described on the credit providers’ websites as ‘notifiable matters’, ‘privacy policy’, ‘credit reporting policy’ or ‘privacy disclosure statement and consent’, or similar.

For each CRB the website details will include the following specific information:

  • That the CRB may include information the credit provider discloses about you to other credit providers to assess your credit worthiness;
  • That, if you become overdue in making consumer credit payments or you commit a serious credit infringement, the credit provider may disclose that information to a CRB;
  • How you can obtain the credit provider’s and/or CRB’s policies about managing your Credit-related Information;
  • Your right to access and/or correct information held about you and to complain about conduct that may breach the privacy and credit reporting laws;
  • Your right to request a CRB not to undertake pre-screening for purposes of direct marketing by a credit provider; and 
  • Your right to request a CRB not to release information about you if you believe you are a victim of fraud.

This detail will also be included by the credit provider who approves your application in the privacy disclosure statement and consent document it will provide to you.

Each credit provider’s website includes information on how to contact the credit provider and how to obtain a copy of its privacy and credit reporting documents in a form that suits you (e.g. hardcopy or email). These documents contain more information about: 

  • how you may seek to access or correct your information that is held by the credit provider; 
  • how you can complain about a breach of privacy law (including the Australian Privacy Principles) by the credit provider and how they will deal with such a complaint; and 
  • how the credit provider collects, holds, uses and discloses your information in more detail.

Depending on the credit provider that we submit your application to, the credit provider may:

  • in addition to the purposes listed in elsewhere this Policy, collect information about you:
  • for the purposes listed on that credit provider’s website;
  • to arrange to provide credit to you (including to act on your instructions and to administer or complete your credit application), including disclosing your information to us (including the outcome of your application and the credit provider’s reasons for that decision) and to manage any credit provided to you; 
  • to report to regulators and authorities and assess its legal compliance (including through external audits); and
  • to communicate directly with you and to respond to any enquiries or resolve complaints and disputes; and
  • disclose your information to the third parties listed in their privacy policy, credit reporting policy and statement of notifiable matters or similar documents (each as available on the credit provider’s website), including to the credit provider’s related entities, their service providers, financial institutions, payment processors, insurers, competition sponsors or promoters and legal, tax and other professional advisers, as well as to government agencies, regulators and law enforcement agencies (where required or authorised by law).   

Direct Marketing

To keep you up to date on the best financial offers available in the market, by accepting this Policy you agree that we may conduct marketing activities by email, telephone, email, SMS, mail or other means. We may also market our products to you through third party channels (e.g., social networking sites). If you do not wish to be contacted by Driva, you can contact us via contact@driva.com.au. We will always provide you with an easy way to opt-out. With your consent, we may disclose your information to third parties, for the purpose of connecting you with other businesses or customers. You can ask us not to do this at any time. We will never sell your Personal Information to any external organisation.

SAFETY AND SECURITY OF YOUR INFORMATION

We aim to ensure all details you provide us with are securely protected from any misuse, interference and loss, and from unauthorised access, modification or disclosure. We are focused on ensuring a suitable standard of information management and provision of online services.

Transfer of information overseas

To supply you with the best service, we may at times transfer personal information we have collected about you to someone in a foreign country.

Overseas organisations may be required to disclose information we share with them under a foreign law. In those circumstances, we will not be responsible for that disclosure.

We do not utilise offshore personnel for the purposes of marketing or sales.

We will not share any of your Credit-related Information with a CRB unless it has a business operation in Australia.

Due to the number of credit providers (and their respective service providers) that we deal with, it is not practical to list every country to which our panel of credit providers may transfer your information to. For more information, please refer to the privacy policy, credit reporting policy, statement of notifiable matters or other notice available on the website of the credit provider that we submit your application to. At a minimum, these countries are likely to include the United States of America, the Philippines, India, the United Kingdom, Hong Kong and Sweden.

Cookies and tracking

We use ‘cookies’ on our website to make it easier for you to use our website and offer the best experience possible for you – these allow us to record the data relating to pages you have viewed and activities carried out during your visit. Our system will record and log information such as your internet protocol address, date and time of visit, pages viewed and how you navigate our websites. You can configure your browser to refuse cookies or delete existing cookies from your hard drive. Rejecting cookies may have the effect of limiting functionality of parts of our website. We may use cookies and other similar technologies for the purposes of usage analytics, advertising auditing and reporting, as well as content and advertising personalisation. We may share data collected through these methods with third parties to provide you with relevant advertising when browsing third-party networks and websites such as Google and Facebook.

If you accessed our website using an advertisement on a third-party website, the advertising company may collect information on how you use our website and whether you commence or complete an application through Driva.

Online applications

We retain information contained in completed and partially completed application forms through our website. We are able to then use this information to provide any services you require, including allowing you to retrieve applications at a later time. We might also use these details to get in touch with you, or to offer help finishing the application if needed.

ACCESSING AND CORRECTING YOUR INFORMATION

You have a right to access the information we and our credit provider hold about you. You also have the right to seek the correction of the information we and our credit provider hold about you.

We and the credit provider take reasonable steps to ensure that the information we and the credit provider collect, use and disclose is accurate, complete and up-to-date. This accuracy is largely dependent on the information you or others provided to us. If you wish to make any changes to your information, please contact us at contact@driva.com.au or contact the credit provider using the contact details provided on their website.

To provide you with the best service possible, it is important that the information we and the credit provider hold is accurate and up to date. We ask you to contact us and the credit provider whenever there are any changes to your personal details, so we and they can update our respective records. 

If you request access to the information that you or our credit provider holds about you, we will respond within a reasonable period of receiving your request. We may charge a fee for our costs of retrieving and supplying access to, or a copy of, such information to you. Our credit provider will inform you if any fees apply to cover the reasonable costs of their providing access to or a copy of any information they hold about you. No fees will apply for merely making an access request or for correcting your information. 

In some circumstances, we or our credit provider may refuse your access to your Personal Information in certain circumstances, for example, where authorised under an Australian law. If we or our credit provider decide not to give you access, we or our credit provider will provide reasons for the refusal and information on how you can complain about the refusal.

Where corrections are required to information supplied to us or our credit provider by a third party, we or our credit provider will do our best to help you make a correction request and send it to the organisation that made the mistake. If we or our credit provider are unable to correct the information, we will explain it in writing. Please contact us or our credit if you have any concerns.

If we or our credit provider agree to correct your information, we or our credit provider will do so within 30 days from when you asked us, or a longer period where agreed by you. If we or our credit provider cannot make the correction within this timeframe, we or our credit provider will let you know and explain the reasons, and ask you to agree in writing to give us or our credit provider more time.

Electronic communications

By accepting and agreeing to this Policy, you:

  • consent to receiving communications and documents electronically from us and the credit provider that we submit your application to, either displayed on-screen or emailed to you at the e-mail address you provide to us. These documents  could include your credit contract and related disclosures, and other credit guides and notices; 
  • acknowledge that, if we and/or the credit provider provide the option for you to sign any documents electronically, we and/or the credit provider consent to you signing those documents electronically; and
  • consent to us and the credit provider signing any relevant document electronically, including by applying an electronic signature to a counterpart of a relevant document. 

Before consenting, you should understand that paper versions of these documents may no longer be given, and you should regularly check your e-mail address for documents or electronic communications that we or the credit provider may have sent you. You may withdraw your consent to receive documents electronically at any time by contacting us and/or the credit provider (as applicable, depending on which party you no longer wish to receive documents electronically from). 

GETTING IN TOUCH

If you have any concerns or questions in relation to how we handle your privacy, or if you would like a printed version of this policy sent to you, let us know.

Visit our website at www.driva.com.au Email us at contact@driva.com.au  

DISCLOSURE AND CONSENT

By accepting and agreeing to this Policy, you agree we and the credit provider that we submit your application to may: 

  • Use your information:
  • To assess your consumer or commercial credit and/or guarantee application;
  • To source any finances you require;
  • To source any finances you require;
  • To source any insurances you require; and
  • As the law authorises or requires:
  • Disclose to, and obtain from, any prospective credit provider or insurer, information about you that is reasonably necessary to obtain the finance and insurances you require;
  • Check your information with the document issuer or official record holder for the purpose of confirming your identity;
  • Obtain from, and disclose to, any third party, information about you, the applicant(s) or guarantor(s) that is reasonably necessary to assist you to obtain the finance and insurances required;
  • Provide your information, including your credit report(s), to one or more credit providers so they can assess your application, or the application of a company of which you are a director, or your suitability as a guarantor;
  • Provide information about you to a guarantor or prospective guarantor;
  • Provide you, or the company of which you are a director with offers or information of other goods or services we, or any of our associated entities, may be able to provide to you or the company, unless you tell us not to;
  • Disclose your information to the extent permitted by law to other organisations that provide us with services, such as contractors, agents, printers, lawyers, document custodians, and computer systems consultants or providers, so they can perform those services for us or the relevant credit provider. You acknowledge being informed that this includes service providers and other third parties located overseas. Due to the number of credit providers (and their respective service providers) that we deal with, it is not practical to list every country in which recipients will be located so please refer to the privacy policy, credit reporting policy, statement of notifiable matters or other notice available on the website of the relevant credit provider that we submit your application to; 
  • Disclose your information to any other organisation that may wish to acquire, or has acquired, an interest in our business or any rights under your contract with us, or the contract with us of a company of which you are a director;
  • Use the Equifax IDMatrix service to verify your identity, which may involve the disclosure of your personal information and credit-related information to Equifax Pty Ltd and/or its related companies. By agreeing to this statement, you consent to Equifax Pty Ltd and its related companies accessing your information from third-party datasets and using and disclosing that information for the purposes of verifying your identity. If the credit provider is unable to verify your identity via the Equifax IDMatrix service, it may seek to do so using the Document Verification Service process described below; and
  • Use the Australian Government's Document Verification Service (‘DVS’) to verify your identity. By agreeing to this statement, you consent to the use of your identification documents such as your Australian-issued Drivers Licence, Passport or Australian Citizenship Certificate for this purpose. The information you provide will be used to verify your identity and may be the subject of an information match request to the official record holder of the underlying information. That information match request, the information match result and other information match data and access to and use of the DVS may involve the use of third-party systems and services.

You also agree and consent to, as appropriate:

  • A CRB disclosing consumer Credit-related Information to one or more credit providers for the purpose of assessing your application for consumer or commercial credit or your guarantor application;
  • A credit provider disclosing your Credit-related Information (including information obtained by it from a CRB) to a guarantor, or a prospective guarantor; and
  • A credit provider disclosing to another credit provider, to your agent, such as us as your broker, or to a servicer, for a particular purpose, information it holds about you.

CHANGES TO THIS POLICY 

We are constantly reviewing all of our policies and attempt to keep up to date with market expectations, the law and technology. As a consequence, we may change this Policy from time to time. All Personal Information held by us will be governed by the most recently updated policy, available on our website (www.driva.com.au) or by request.