Yard's Privacy and Cookies Policy

  1. Introduction
    1. "We", "us" and "our" refers to the following entities:
      1. Yard Consolidated Pty Ltd ACN 633 936 419;
      2. Yard Financial Pty Ltd ACN 623 357 513, Australian Credit Licence 509481;
      3. Yard Home Loans Pty Ltd ACN 634 101 901, Authorised Credit Representative Number 517113 of Yard Financial Pty Ltd ACN 623 357 513, Australian Credit Licence 509481;
      4. Yard Broker Pty Ltd ACN 660 832 324, Authorised Credit Representative Number 541605 of Yard Financial Pty Ltd ACN 623 357 513, Australian Credit Licence 509481; and
      5. Yard Asset Management Pty Ltd ACN 678 090 723 is a corporate authorised representative (CAR) (CAR Number 1311859) of Yard Financial Pty Ltd ACN 623 357 513 AFSL 509481,
      together and each to be referred to as ("Yard", "we", "us", and "our").
    2. We are committed to protecting your privacy and want you to understand how we collect, use, and share personal information about you in accordance with the Privacy Act 1988 (Cth) including the Australian Privacy Principles ("Privacy Act"), the Privacy Regulations 2013 ("Regulations") and privacy and credit codes that govern the way in which we manage your personal information ("Privacy Laws").
    3. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal information as defined in the Privacy Act ("data").
    4. This Privacy Policy applies when you visit or use our website, mobile applications, APIs or when we are providing relevant products and services to you (the "Services"). We are committed to safeguarding the privacy of our website visitors and users of our Services.
    5. By using the Services, you agree to the terms of this Privacy Policy. You shouldn't use the Services if you don't agree with this Privacy Policy or any other agreement that governs your use of the Services.
    6. We may use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
    7. Our website incorporates privacy controls which affect how we will process your personal information. By using the privacy controls, you can specify whether you would like to receive direct marketing communications.
    8. Please refer to our Credit Reporting Policy (https://www.yard.com.au/pages/credit-reporting) for additional information of how we manage your credit information.
  2. We may collect the following personal information
    1. Personal information includes any information or opinion, about an identified individual or an individual who can be reasonably identified from that information. The information or opinion will still be personal information whether it is true or not and regardless of whether we have kept a record of it.
    2. Types of personal information collected
      Personal and contact detailsThis may include:
      • your name
      • date of birth
      • mailing or residential address details
      • contact details such as telephone and mobile number, email address, social media platform username
      • profile data
      • company, trust and superfund shareholding and personal information of its officers and employees as well as information about your business
      Government related identifiers and identity documentsThese may include your:
      • Australian passport, driver licence, photo identity card, pension card details or Medicare
      • citizenship, birth and marriage certificates
      • tax identification number and country of tax residency
      • foreign passport and driver licence and any other foreign identity documents
      Socio-demographic informationThis may include your age, gender, relationship status, number of dependents, occupation, place of work and nationality
      Financial informationThis may include:
      • bank account details, loan details and credit card details including account statements
      • transaction details and account data
      • details of your employment, income, assets, financial liabilities and expenses
      Credit informationThis includes your credit history, credit capacity, ability to be provided with credit or credit worthiness and information from third parties about your credit history
      Interaction informationThis includes details of your interactions and enquiries with us
      Call recordingsWe monitor and record our calls with you, and we will seek your permission to record the call with you
      Digital informationWe collect information from you electronically when you use our Services. This includes information such as:
      • location information (if enabled on your device)
      • your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use
      • website profile data
      • details of the device used to access our digital services
      • details of the wi-fi network or mobile network used by your device
      • when you access our Services and type of authentication used
      • details of third-party sites you access
      • behavioural information about how you use our Services
      CookiesWe may use cookies in collecting some of this information and more information is in the "Cookies" section below
      Information about your personal circumstancesThis may include information about your personal circumstances so we can support you during any hardship or difficulties, which may include:
      • information about significant financial changes and life events
      • where you have been impacted by an emergency event or a natural disaster
      • details of any injury, illness, gambling, addiction or incarceration
      Sensitive informationWe generally do not collect sensitive information as defined under the Privacy Laws and we further restrict collection of such sensitive information to circumstances where we have either obtained your express consent or a permitted general situation exists. This may include:
      • biometric information when it is used by you to access our Services
      • health information that you provide to us when seeking financial hardship assistance
      • race or ethnicity when you need a translator to communicate with us
      • criminal history and political affiliation, where it is relevant for our legal and regulatory obligations
      Publicly available informationThis may include collecting and handling information that is available in the public domain about you
  3. What happens if I do not provide information that has been requested?
    1. If you do not allow us to collect all of the personal information we reasonably request, we may not be able to deliver those products or services to you or on your behalf to your customers or be unable to identify you to protect you against fraud.
  4. How we use your personal information
    1. In this section we have set out:
      1. The general categories of personal information that we may process;
      2. In the case of personal information that we did not obtain directly from you, the source and specific categories of that data;
      3. The purposes for which we may process personal information; and
      4. The legal bases of the processing.
    2. Here is a list of ways we may use your personal information:
      PurposeHow we use your personal information
      Serving you as a customerWe use your information to deliver our Services including to:
      • process and assess your applications for our Services
      • administer and manage our Services to you
      • manage our relationship with you
      • correspondence data and metadata associated with communications with you
      • improve your experience with us and the Services that we provide to you
      • when providing you with our email and sms notifications and/or when subscribing to our email alerts and newsletters
      • communicate with you or your representatives about our Services
      • let you know about other products and Services that may be of interest to you
      • marketing and selling relevant products and/or Services to you
      Managing our operationsWe use your information to manage our operations including to:
      • deliver our Services to you
      • make and manage your payments and transactions, charges and interest due on the Services provided to you
      • managing payments to you on Services provided by us
      • collect and recover money that is owed to us
      • respond to complaints and seek to resolve them
      • manage any unit register and security holder records as well as any other records with respect of the fund managed by yard asset management pty ltd
      • establish, exercise or defend any legal claims, whether in court proceedings or in an administrative or out-of-court procedure
      Managing our businessWe use your information to run our business in an efficient and proper way. This includes managing our financial position, business capability and planning, testing systems and processes, as well as managing communications, corporate governance, insurance risk and audit
      Managing security, risk, fraud and crime preventionWe use your information to:
      • prevent, detect and investigate suspicious or fraudulent activities
      • support the management of our information security and network controls to prevent cyber-attacks, unauthorised access, fraud and other criminal or malicious activities
      • obtaining or maintaining insurance coverage, managing risks or obtaining professional advice basis
      • investigate health and safety incidents
      To comply with our legal obligationsWhere required, we use your personal information to comply with the law, including our regulatory obligations, including to:
      • verify your identity and collect certain identification information about you
      • share relevant information with law enforcement agencies, tax authorities and other regulatory bodies
      • screen applications and monitor accounts to identify criminal activity such as fraud, terrorist financing, bribery, corruption and money laundering
      • investigate financial crime
      • comply with a legal obligation to which we are subject to
      • protect your vital interests or the vital interests of another natural person
      Improving our businessWe use your information to improve Services we provide through activities such as:
      • reviewing customer feedback and assessing how you use our Services
      • testing and validating the effectiveness of our products, services and system enhancements
      • monitoring and reviewing call recordings, online chats and other business activity for quality assurance, training and compliance purposes
      Performance analytics activitiesSometimes we combine information we have about you and our other customers, for example transaction information, with data from other sources. We use this information to:
      • help us understand trends in customer behaviour including how products and services are used
      • improve the products and services we offer
      • improve the quality of our data
      • develop products and services that better meet our customers' needs and behaviours
      • understand and manage our risks better
    3. The legal basis for the processing of your personal information is either:
      1. your consent;
      2. the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract;
      3. you are posting any publication on our website;
      4. our legitimate interests, namely:
        1. to comply with our legal and regulatory obligations;
        2. the proper administration of our business, provision of our Services to you, our applications and website;
        3. monitoring and improving our Services, applications and website;
        4. the proper management of our customer relationships;
        5. communications with users;
        6. the protection and assertion of our legal rights, your legal rights and the legal rights of others (as applicable);
        7. the proper protection of our business against risks; and
        8. for any other purpose permitted by law.
    4. If we receive personal information about you that we do not request directly from you or from another party, we will decide whether we could have collected the information in accordance with this Privacy Policy and applicable Privacy Laws.
      1. If we decide that we could have collected the information in accordance with this Privacy Policy and applicable Privacy Laws, we will keep the information and handle it in accordance with this Privacy Policy and applicable Privacy Laws.
      2. If we decide that we could not have collected the personal information in accordance with this Privacy Policy and applicable Privacy Laws, we will destroy or de-identify the information if it is lawful and reasonable to do so.
  5. Can you remain anonymous or use a pseudonym when dealing with us?
    1. Where it is lawful and practical to do so, you may wish to deal with us without providing any personal information, such as by providing a pseudonym or dealing with us anonymously, when you make general enquiries. However, in order to provide our products and services to you, we will need to identify you.
  6. De-identified personal information
    1. We may also de-identify your personal information which we have collected for the purposes described in this Privacy Policy. As a result, this Privacy Policy will generally not apply to our use of de-identified information. However, we will continue to safeguard this de-identified information.
    2. Where we use de-identified information together with other information (including personal information) and in doing so, we are able to identify you, that information will be treated as personal information in accordance with this Privacy Policy and applicable Privacy Laws.
  7. Providing your personal information to others
    1. We may disclose your personal information to any of the following parties:
      Our Group CompaniesAny member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes of providing any products or services to you or where we may sell, transfer, or merge parts of our business, or our assets
      Your joint applications and joint account holdersJoint account holders and joint applicants
      Funding PartnersOur funding partners in order for us to provide the products and services to you in meeting your finance requirements
      Where we act as an Authorised RepresentativeWhere we act as an Authorised Representative under an Australian Credit Licence or Australian Financial Services Licence, we will disclose your details to the licensee that we are authorised with
      Financial InstitutionsWith other financial institutions for the purposes of exchanging secure financial transaction messages, payments and credit transactions and processing of electronic transactions
      Our InsurersOur insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure
      Our Suppliers and SubcontractorsOur suppliers or subcontractors insofar as reasonably necessary to provide the relevant products and services to you, service providers to help us in our business activities and our agreements with our suppliers and contractors require them to comply with the Privacy Laws and we may direct you to read and accept our service providers privacy policy and their terms of use as well
      Regulatory AuthoritiesTo the relevant authorities, for example to counter terrorism and prevent money laundering and in some cases, fraud bureaus or other organisations to identify your information, investigate or prevent fraud or other misconduct, where we are obliged by law to share your data with external parties, including public authorities, regulatory bodies, supervisory bodies, tax authorities, judicial/investigative authorities, government agencies and law enforcement bodies in any jurisdiction
      Other Third PartiesTo credit reporting bodies, external dispute resolution schemes such as the Australian Financial Complaints Authority, your representatives (including your legal adviser, accountant, mortgage broker, financial adviser, executor, administrator, guardian, trustee, or attorney), professional advisors such as our financial advisers, legal advisers, auditors and debt collectors and where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure
      Other CircumstancesWhere we are required or authorised by law or where we have a public duty to do so, where you may have expressly consented to the disclosure, or your consent may be reasonably inferred from the circumstances or where we are otherwise permitted to disclose the information under applicable Privacy Laws
  8. Retaining and deleting personal information
    1. Our data retention policies and procedure are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
    2. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
    3. We will retain your personal information for as long as legally required and when we no longer are legally required or have a legitimate purpose to retain it, we will either destroy it, desensitise it or anonymise it.
    4. Notwithstanding the other provisions of this Section 8, we may retain your personal information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  9. Security of Personal Information
    1. The security of your personal information is important to us. We will take appropriate technical and organisational precautions to secure your personal information and to prevent the loss, misuse, unauthorised access, disclosure or alteration of your personal information.
    2. We will store all your personal information on secure servers, personal computers and mobile devices, and in secure manual record-keeping systems.
    3. Much of the information we hold about you will be stored electronically. We store some of your information in secure data centres that are located in Australia. We also store information in data centres of our contracted service providers (including cloud storage providers), and some of these data centres may be located outside of Australia.
    4. Some information we hold about you may be stored in paper files.
    5. We use a range of physical, electronic and other security measures to protect the security, confidentiality and integrity of the personal information we hold both in Australia and overseas. For example:
      1. access to our information systems is controlled through identity and access management controls;
      2. employees and our contracted service providers are bound by internal information security policies and are required to keep information secure;
      3. all employees are required to complete training about privacy and information security; and
      4. we regularly monitor and review our compliance with internal policies and industry best practice.
    6. You acknowledge that the transmission of unencrypted (or inadequately encrypted) data over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet and you do so at your own risk. Our website links to external websites, and we take no responsibility for the privacy practices or the content of these other sites.
    7. You should ensure that your password is not susceptible to being guessed, whether by a person or a computer program. You are responsible for keeping the password you use for accessing our website confidential and we will not ask you for your password (except when you log in to our website).
    8. We will not sell your personal information to other companies or organisations without your prior consent.
  10. Overseas Recipients
    1. We may disclose your personal information to a recipient located outside Australia. This includes our contracted service providers operating overseas. Our service provider with respect of IT system development and support is located in Bulgaria.
    2. Prior to disclosing your personal information to an overseas recipient, unless a permitted general situation applies, we will take all reasonable steps to ensure that:
      1. the overseas recipient does not breach the Privacy Laws and that they use adequate security measures to protect your personal information; or
      2. the overseas recipient is subject to a law, or binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way the Privacy Laws; or
      3. you have consented to us making the disclosure.
    3. As a trusted service provider, we ensure that protection and security controls applying to your personal information in Australia continue to apply in the hand of our affiliates or contracted service providers located overseas.
    4. Acceptance of any of our services via an application in writing, orally or electronic means will be deemed as giving consent to the disclosures detailed herein.
  11. Notifiable Data Breaches
    1. The Privacy Act includes a new Notifiable Data Breaches scheme (NDB) which requires us to notify you and the Office of the Australian Information Commissioner (OAIC) of certain data breaches and recommend steps you can take to limit the impacts of a breach.
    2. The NDB scheme requires us to notify about a data breach that is likely to result in serious harm to affected individuals. There are exceptions where notification is not required. For example, where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.
    3. If we believe there has been a data breach that impacts your personal information and creates a likely risk of serious harm, we will notify you and the OAIC as soon as practicable and keep in close contact with you about the nature of the breach, the steps we are taking and what you can do to reduce the impacts to your privacy.
    4. If you believe that any personal information, we hold about you has been impacted by a data breach, you can contact us using the contact details below.
  12. Your Rights
    1. In this Section 12, we have summarised the rights that you have under the Privacy Laws. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
    2. The summary of your principal rights under Privacy Laws are:
      1. to request, at any time, for us to inform you of the personal information we hold about you;
      2. the right to access;
      3. the right to rectification;
      4. the right to erasure (where we have no legitimate right or business requirements to retain your personal information);
      5. the right to restrict or object to processing (where we have no legitimate right or business requirements to retain your personal information);
      6. the right to complain to a supervisory authority; and
      7. the right to withdraw your consent (where we have no legitimate right or business requirements to retain your personal information).
    3. You have the right to confirmation as to whether or not we process your personal information and, where we do, access to the personal information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal information concerned and the recipients of the personal information. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal information. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
    4. You have the right to have any inaccurate personal information about you rectified and, taking into account the purposes of the processing, to have any incomplete personal information about you completed. If we refuse your request to correct your personal information, you also have the right to request that a statement be associated with your personal information noting that you disagree with its accuracy.
    5. We may refuse to give you access to the personal information we hold about you if we reasonably believe that giving access would pose a serious threat to the life, health or safety of an individual, or to public health or safety, where giving access would be unlawful, where giving access would have an unreasonable impact on the privacy of other individuals, or if we consider the request to be frivolous or vexatious.
    6. If we refuse to give you access to or to correct your personal information, we will give you a notice explaining our reasons except where it would be unreasonable to do so.
    7. In some circumstances you have the right to the erasure of your personal information without undue delay. Those circumstances include:
      1. the personal information that is no longer necessary in relation to the purpose for which it was collected or otherwise processed;
      2. you object to the processing under certain rules of applicable Privacy Laws;
      3. the processing is for direct marketing purposes; and
      4. the personal information has been unlawfully processed.
    8. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary for us to provide any products or services to you, for compliance with our legal and regulatory obligations, attend to any complaints made by you or for the establishment, exercise or defence of legal claims.
    9. You have the right to object to our processing of your personal information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal information for this purpose.
  13. Making a Privacy Complaint
    1. If you are not satisfied with our Services or how we are handling your personal information, please contact us so we can resolve your concerns.
    2. If you have a question or complaint about how your personal information is being handled by us, our affiliates or contracted service providers, please contact us first and address your complaint to the Complaints Officer on the following email: help@yard.com.au or lodge a privacy complaint through our website (https://www.yard.com.au/pages/contact-us).
    3. Once we receive your complaint, we will confirm that we have received it and will let you know of the name and contact details of the person who will be handling your complaint.
    4. We will investigate and assess the information provided and will try and find a reasonable and fair solution. We may contact you and ask for additional information that will assist us with our investigation and assessment.
    5. We usually will provide you with a final response to your privacy complaint within 30 days of receiving your privacy complaint.
    6. If you're unhappy with the resolution offered, you have a legal right to lodge a privacy complaint with the Office of the Australian Information Commissioner (OAIC). Please note the OAIC requires any complaint must first be made to the respondent organisation. The law also allows 30 days for the respondent organisation to deal with the complaint before a person may make a complaint to the OAIC.
    7. The OAIC can be contacted at:
      Office of the Australian Information Commissioner
      Phone:
      1300 363 992
      Email:
      enquiries@oaic.gov.au
      Website:
      www.oaic.gov.au
      Mail:
      GPO Box 5218, Sydney NSW 2001
  14. Third Party Websites
    1. Our website includes hyperlinks to, and details of, third party websites.
    2. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
  15. About Cookies
    1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
    2. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
    3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
  16. Cookies that we use
    1. We use cookies for the following purposes:
      1. authentication - we may use cookies to identify you when you visit our website and as you navigate our website;
      2. status - we use cookies to help us to determine if you are logged into our website;
      3. application - we use cookies to maintain the state of your application as you navigate our website;
      4. personalisation - we use cookies to store information about your preferences and to personalise our website for you;
      5. security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
      6. advertising - we use cookies to help us to display advertisements that will be relevant to you;
      7. analysis - we use cookies to help us to analyse the use and performance of our website and services; and
      8. cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
  17. Cookies Used by Our Service Providers
    1. Our service providers use cookies, and those cookies may be stored on your computer when you visit our website.
    2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://policies.google.com/privacy.
    3. We may publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. This behaviour tracking allows Google to tailor the advertisements that you see on other websites to reflect your interests. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative's multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.
  18. Managing Cookies
    1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
      1. https://support.google.com/chrome/answer/95647 (Chrome);
      2. https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
      3. https://www.opera.com/help/tutorials/security/cookies/ (Opera);
      4. https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
      5. https://support.apple.com/en-au/guide/safari/sfri11471/mac (Safari); and
      6. https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
    2. Blocking all cookies will have a negative impact upon the usability of many websites.
    3. If you block cookies, you will not be able to use all the features on our website.
  19. Amendments
    1. We may update this policy from time to time by publishing a new version on our website.
    2. You should check this page occasionally to ensure you are happy with any changes to this policy.
  20. Our Details
    1. This website is owned and operated by Yard, and we are incorporated under the laws of New South Wales, Australia.
    2. You can contact us by email: attention to the Privacy Officer at help@yard.com.au.
    3. This Privacy Policy is Version 3 dated 12 February 2025.