Legal

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. Below sets out detail of what kinds of personal information and credit information and credit eligibility information (together, “Credit Information”) we collect from our customers, for what purpose and how we use this information. By accessing our website and using our services, you consent to the terms of this Privacy Policy and Consent (“Policy”) and agree to be bound by it.In this document, ‘Driva’, ‘we’, ‘us’ and ‘our’ are references to Driva Pty Ltd.

INFORMATION WE COLLECT
Personal Information
Personal Information refers to information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. 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 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 your require, or we may be unable to tailor the services to your preferences, leading to a negative impact on your experience as a customer.

Sensitive Information
‍Sensitive Information 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 Sensitive Information and holding it for the purposes outlined in this Policy.

Credit Information
‍The Personal Information we collect and hold about you may include Credit Information. Credit Information is information which is used to assess your eligibility to be provided with finance and may include any finance you have outstanding, your repayment history for any current or prior debts, and any defaults. This includes 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 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 Information that we hold about you and make a request for us to correct that Credit 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.

HOW WE COLLECT PERSONAL AND CREDIT INFORMATION FROM YOU

Generally, when providing services to our customers, we collect Personal Information and Credit Information directly from the individuals where reasonable and practical.
We may collect Personal Information and Credit 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 publicly available sources; and
From your own records.

We may also collect Personal Information and Credit Information from third parties, including:

From your representatives e.g., solicitors;
From referral partners, who refer your business to us e.g., car dealerships;
Any external parties, including social media sites where you have asked them to provide your personal information to us;

If we receive Personal Information and Credit Information from third parties, we will protect it as set out in this Privacy and Consent Policy. We will only collect your Personal Information and Credit Information from third parties if it is unreasonable or impractical to collect the necessary information directly from you or if we are otherwise permitted to do so.

USING PERSONAL AND CREDIT 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 use your Personal Information
‍We collect, hold and use the Personal Information primarily to perform our business activities and functions, including assessing your application for finance and helping you obtain approval from lenders. Your Personal Information may be used to:

Verify your identity and communicate with you;
Assess your application for finance;
Assisting you where your applications are not completed;
Providing products and services you require;
Conduct appropriate checks for credit worthiness and for fraud;
Help us manage our relationship with you, including disputes and enquiries;
Improve our products and services;
Report on and provide data analytics, for regulatory, management and research purposes;
Enable recording keeping and audit;
Comply with our 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.

Third parties
With your consent, we may disclose your Personal 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. Our lending partners have safeguards in place to protect the information shared with them. Please refer to our lending partners privacy policies for further information. Third party marketing service providers may combine the Personal 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 collect information from you in the credit application process, we use that information in a number of ways to assess your credit application and to source a suitable credit provider or lessor and/ or insurance provider.

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 asses your consumer credit application; and
Disclose your credit information to a credit provider or credit providers to apply for finance on your behalf.

The information we obtain from you is used for the purposes listed in this Consent 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 is reasonably necessary to manage the application process. When doing so, we are acting as agent for the credit provider.

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 have about you. 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
Angle Finance Pty Ltd ABN 98 603 303 126
ANZ Banking Group Ltd ABN 11 005 357 522
Australian Motorcycle and Marine Finance Pty Ltd ABN 85 603 969 875
Automotive Financial Services Pty Limited ABN 73 003 622 375
Azora Asset Finance Pty Ltd - ABN 12 087 826 159
Credit Corp Financial Services Pty Limited 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
Flexicommercial Pty Ltd - ABN 17 644 644 860
GetCapital Pty Ltd ABN 24 149 390 625
Green Light Auto Group Pty Ltd ABN 39 131 507 474
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
Lumi Finance Pty Ltd - ABN 75 627 897 625
Macquarie Leasing Pty Ltd ABN 38 002 674 982
Metro CF Pty Ltd 85 650 102 891
Metro Finance Pty Ltd ABN 44 600 674 903
MoneyMe Financial Group Pty Ltd ABN 40 163 691 236
MoneyPlace Assets Pty Ltd ABN 64 601 045 578
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 Group Ltd ABN 55 094 317 665
Plenti RE Ltd ABN 57 166 646 635
Rapid Loans Pty Ltd ABN 54 103 660 546
Resimac Asset Finance Pty Ltd - ABN 93 098 034 041 - (https://www.resimacassetfinance.com.au/en)
Salt and Lime Funding Pty Ltd ACN 619 815 833
Scottish Pacific Business Finance Pty Ltd ACN 008 636 388
SocietyOne Australia Pty Ltd ACN 151 627 977
United Loan Solutions Pty Ltd ACN 611 343 572
Wisr Finace Pty Ltd ABN 39 119 503 221
Westpac Banking Corporation ABN 33007 457 141

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 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;
Conduct appropriate checks for credit worthiness and for fraud;
Your right to request a CRB not to undertake pre-screening for purposes of direct marketing by a credit provider;
Your right to request a CRB not to release information about you if you believe you are a victim of fraud.
Comply with our legal and regulatory requirements; 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 documents in a form that suits you (e.g. hardcopy or email).

Direct Marketing
To keep you up to date on the best financial offers available in the market, 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.

Youtube Referral Promotion

The Driva YouTube Referral Promotion offers customers a $150 fuel voucher when they initiate and settle a vehicle or personal loan application using the unique referral links provided by our YouTube partners, ReDriven and CarSauce. The referred customer must apply for the loan using the creator's unique referral link, and the loan settlement refers to the successful approval and disbursement of funds. Rewards will be issued to the customer within 30 days of the loan settlement in the form of a $150 fuel voucher. This promotion is valid until 29 February 2024. Loan applications initiated through the referral links on or before this date will be eligible for the reward, even if the settlement occurs after this date. Applications made via the referral links after 29 February 2024 will not be eligible for this promotion.

Driva reserves the right to amend, suspend or terminate the referral program at any time without notice. We will honour any valid referrals sent to us before we do so. We will not honour any referrals that are deemed by us, in our absolute discretion, to be unreasonable, unlawful, at risk of requiring an Australian Credit Licence or for any other reason we believe is not in the spirit of the Driva referral program.

Customers are entitled to only one reward per loan settlement, and this offer is exclusive and cannot be used in conjunction with any other Driva promotions or discounts. Driva's standard loan application terms and conditions apply.

Refer a Friend Program Terms and Conditions

The Driva Referral Program allows both existing and new customers to earn $100 each when a referred person settles a vehicle or personal loan with Driva using the unique referral link to obtain the application. The referred customer must apply for the loan using the provided link, and the loan settlement refers to the successful approval and disbursement of funds. Customers who have previously applied for a loan with Driva are ineligible to claim the referral reward using another party's or their referral link to apply for a new vehicle or personal loan for themselves. Rewards will be issued within 30 days of settlement. There is no limit to the number of referrals, and rewards are non-transferable.

Driva reserves the right to amend, suspend or terminate the referral program at any time without notice. We will honour any valid referrals sent to us before we do so. We will not honour any referrals that are deemed by us, in our absolute discretion, to be unreasonable, unlawful, at risk of requiring an Australian Credit Licence or for any other reason we believe are not in the spirit of the Driva referral program.

Referral bonuses cannot be given out in addition to another promotion or voucher offer.

Participation implies agreement to these terms and conditions.

EOFY Promotion Terms and Conditions

The up to $1k cashback for loans settled before EOFY promotion is available from today’s date up until 11.59pm (AEST) 30th of June 2023. The cashback amount is determined by loan amount at increments of $10k. For example, a 20k loan is eligible for a $200 cashback - with a minimum cashback amount of $100 and a maximum amount of $1k. The promotion is valid only for loans settled before EOFY (30th of June 2023 AEST) that obtain a quote through the promotion landing pages. Only Driva customers who have applied and settled before the promotion end date are eligible to receive the cashback. The cashback will be credited to the customer in the form of a Mastercard gift card within 60 days of the loan settlement. Driva reserves the right to modify or withdraw the promotion at any time without prior notice. The cashback promotion cannot be used in conjunction with any other Driva offers or promotions. This promotion is only available to Australian residents aged 18 years and over. By participating in this promotion, the customer agrees to be bound by these terms and conditions.

Use of government related identifiers

We will not use government related identifiers (such as driver’s licence numbers) as our own identifier of individuals. We will only use or disclose such identifiers in the circumstances permitted by the Privacy Act.

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.

In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy and Consent Policy.

Our servers have SSL certificates, so all data transferred between you and us is encrypted.

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 utilise offshore personnel for the purposes of marketing or sales.

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

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.

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that we are not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

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 PERSONAL INFORMATION
‍We take reasonable steps to ensure that the information we 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 Personal Information, please contact us at contact@driva.com.au.

To provide you with the best service possible, it is important that the information we hold is accurate and up to date. We ask you to contact us whenever there are any changes to your personal details, so we can update our records. We may charge a fee for our costs of retrieving and supplying such information to you.

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

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

If we consider it necessary in order to deal with your request, we may consult with a CRB or another credit provider.

If we agree to correct your information, we will do so within 30 days from when you asked us, or a longer period where agreed by you. If we cannot make the correction within this timeframe, we will let you know and explain the reasons, and ask you to agree in writing to give us more time. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.

Electronic communications
‍By providing your email address and clicking submit on any online form, you consent to receiving documents electronically, either displayed on-screen or email to you. This could include your credit contract and related disclosures, and other credit guides and notices. Before consenting, you should understand that paper version of these documents may no longer be given, and you should regularly check your electronic communications for documents we may have sent you. You may withdraw your consent to receive documents electronically at any time by contacting us. We may also, where you consent, require you to digitally sign documents, such as your credit contract and car loan.

Retaining personal information

We will take reasonable steps to destroy or permanently de-identify personal information that is no longer needed for any purpose that is permitted by the Privacy Act.

As a credit representative of an Australian credit licence holders, we are required by law to retain customer identification and transaction information, which will contain personal information about customers, for up to at least seven years after you cease to be our customer.

MAKING A COMPLAINT AND HOW IT WILL BE HANDLED

If you believe that we have breached any obligation under Part IIIA of the Privacy Act and wish to make a complaint about that breach, please contact us by email at contact@driva.com.au setting out details of the breach. We will promptly investigate your complaint and respond to you in writing setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

It would assist us to ensure we properly understand your complaint, and allow us to respond more promptly, if complaints are made in writing and include as much detail as possible.

We will deal with any complaint in a timely, effective and consistent manner. We will acknowledge the receipt of your complaint within 7 days, and endeavour to make a decision on the complaint within 30 days after it is received. If we need more time to resolve your complaint, then we will notify you as to the delay.

COMPLAINTS ABOUT PRIVACY

If you have any complaints about our privacy practices, please feel free to send in details of your complaints to contact@driva.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint setting out the outcome of our investigation, what steps we propose to take to remedy the breach and any other action we will take to deal with your complaint.

If you feel that we have not satisfactorily addressed your complaint, you may also make a complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, emailing enquiries@oaic.gov.au or writing to GPO Box 5218 Sydney NSW 2001.

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 or email us at contact@driva.com.au.

DISCLOSURE AND CONSENT
‍By agreeing to this document, you agree we may:

Use your Personal and Credit Information:
To assess your consumer or commercial credit and/or guarantee application;
To source any finances you require;
To source any insurances you require; and
As the law authorises or requires.
Disclose to, and obtain from, our dealership and other referral partners, information about you that is reasonably necessary to register the vehicle in your name.
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 your suitability as a guarantor;
Provide you 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 Personal and Credit 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. This includes service providers located overseas. It is not practical to list every country in which recipients will be located; and
Disclose your Personal 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.

You also agree and consent to, as appropriate:

A CRB disclosing consumer Credit 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 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.