Privacy Policy

1. Introduction

Gariwed Falls Pty Ltd (ACN 682 875 798) ATF Holvor Investments Unit Trust No. 1 trading as Evercrest Partners (we, our, us, Evercrest Partners) recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information.

This document is our Privacy Policy (Policy) and describes how we will comply with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) in relation to the handling of your personal information.

1. Collection of Personal information 

We may collect, use, hold and disclose your personal information (which include your name, address, telephone and other contact details) in order to prepare and submit finance, loan or mortgage applications that you (or your related company or other entity) wish to make to it or the financiers and other third parties that we deal with or act on behalf of.

We also may collect, use, hold and disclose this information to prepare quotes for you, to assess which third party products or services maybe most suitable for you and, if your application is successful or you accept a quote, to manage the business or other relationship with you (or your related company or other entity) and to arrange payment for the products and services that are supplied.

If you choose not to provide your personal information to us, we may not be able to accept any applications, provide any quotes or enter into a business or other relationship with you (or your related company or other entity).

Where relevant, we may also disclose your personal information to our related companies, contractors, third party service providers, agents, government bodies and local authorities. Your personal information may also be disclosed to entities located outside of Australia, including to its data hosting provider and to other IT service providers.

1. The kinds of personal information collected

We typically collect the following types of personal information about you:

• name;
• mailing or street address;
• email address;
• telephone number;
• facsimile number;
• age or birth date;
• MediCare number, drivers’ licence number, tax file number and passport number (which may also include the other details which appear on your MediCare card, driver licence and passport if supplied pursuant to our identity verification systems and processes);
• profession, occupation or job title, together with other relevant employment details (such as your salary);
• information about your source(s) of income and your expenditure details;
• information about your assets and liabilities;
• details of the products and services you have acquired from us or which you have enquired about, together with any additional information necessary to deliver those services and to respond to your enquiries;
• any additional information relating to you that you provide to us through our website, applications or other online means (including personal information which may be collected via cookies and other online technologies and methods such as information about the devices on which you visit us or other third party networks, and your activities on those devices or sites);
• third party account details (for example where you sign in through a social network);
• your public social profile information (e.g. name, profile picture) together with the email address you use to log into your social media account;
• any other information that you provide to us in person, including at our offices or during visits by our representatives;
• personal information you may provide to us if you are applying for employment with us that is relevant to such employment (such as your qualifications and work history); and
• personal information you may provide to us if you participate in any surveys we, or a third party service provider acting on our behalf, may conduct from time to time including personal information relating to your survey responses.

1. Sensitive Information 

Some of the personal information we collect or hold about you, such as health records which appear on your driver’s licence, your tax file number or your passport number, may be classified as ‘sensitive information’ under the Privacy Act.

We only collect or hold such sensitive information to the extent it is reasonably necessary for one or more of our functions or activities. You expressly provide your consent to providing us with this sensitive information so that we may carry out one or more of our functions or activities related to that collection.

1. How do we collect and hold your personal information?

5.1 Collecting personal information directly from you

Generally we collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect it in ways including:

• through your access and use of our website and online applications;
• via e-mail and via documentation provided to us electronically, in person, by mail or by fax;
• over the telephone or during conversations between you and our representatives; or
• when you complete a finance application, whether on our website or via telephone.

All your calls and in-person meetings with us may be recorded, including by using AI dictation software, in order of improving our service and for training and monitoring purposes. Any personal information, including sensitive information, you provide over the phone or otherwise, will be handled in accordance with our Privacy Policy.

5.2 Collecting personal information from third parties and group companies

We may also collect personal information about you from third parties including:

• entities which provide services to us (such as providers of identity verification services);
• any third party who refers you to us;
• Our business and joint venture partners;
• Your related entities’ directors, officers, co-owners and partners;
• any of your or your entities’ guarantors or security providers;
• your accountant, any referees you provide, or we request and any joint applicants for finance;
• your nominated referees and former employer if you are applying for a role with us;
• from third party companies such as credit reporting bodies, providers of title search services, law enforcement agencies and other government entities.

1. How we hold your personal information

We hold information in paper-based files or other electronic record keeping methods in secure physical and online databases (including trusted third party storage and service providers.

We take reasonable steps to ensure that the personal information that we collect, use and disclose about you is accurate, complete and up-to-date and, in relation to the purpose of our use or disclosure, relevant. Personal information is destroyed or de-identified when no longer needed or where we are no longer required by law to retain it (whichever is the later).

We have implemented controls around technology and our organisational processes to assist us in protecting your information from misuse, interference and loss and from unauthorised access, modification or disclosure. This includes having in place confidentiality requirements for employees and contractors, as well as implementing document storage security policies, document retention policies and systems and site access restrictions.

1. For what purposes do we collect, hold, use and disclose your personal information?

We collect personal information about you so that we can perform our business activities and functions and to provide the best possible quality of customer service to you.

We generally collect, hold, use and disclose personal information for the purpose for which you provided it, the purposes disclosed in this Policy, any related secondary purposes which you would reasonably expect and for any other purpose you have consented to.

Typically, we collect, hold, use and disclose your personal information for the following purposes:

• to send communications to you, including when apply for and updates in relation to the status of your application for finance or mortgage as well as provide you access to our website and secure web services to enable these communications;
• for identity and verification. This may involve the information being checked with the document issuer or official record holder;
• to prepare quotes or estimates for you in relation to any finance or mortgage or other products that we provide or which we can arrange;
• to assess which financier that we act for is best suited to meet your financial objectives and requirements and subsequently prepare, submit and advise on the outcomes of applications for finance or mortgage on your behalf to the financiers and insurers that we deal with or who we act on behalf of;
• if your application is successful or you accept a quote that we provide, to manage the provision of finance, mortgage and other products for you over the life of your contract as well as updating our records and keep your contact details up to date from time to time;
• to answer enquiries and provide information or general advice about existing and new products and services;
• to conduct business processing and marketing functions including providing existing or updated personal information to our related bodies corporate, contractors, service providers or other third parties;
• to process and respond to any complaint made by you; and
• to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.

1. Who do we disclose your information to?

 We may disclose your personal information to:

• our financiers, including any financiers that we act as agent for;
• our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, identity verification service providers and professional advisors such as accountants, solicitors, business advisors and consultants;
• suppliers and other third parties with whom we have commercial relationships, for business, process outsourcing, identity verification, marketing, and related purposes; and
• any organisation for any authorised purpose with your express consent, or to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority.

Once we disclose your personal information to a third party, your personal information will be governed in accordance with the relevant third party’s privacy policy.

1. How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that any personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.

1. What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact us using the contact information below and provide written details of the incident so that we can investigate it.

If you make a complaint with us in accordance with this section about privacy, we will acknowledge receipt of your complaint and try to investigate and respond to you within 30 days. If the matter is more complex or our investigation may take longer, we will let you know.

We will treat your complaint confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

1. Contacting us

If you have any questions about this policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact us using the details set out below. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.

Please contact us at:

Post:
Evercrest Capital & Debt Advisory
Suite 20/L3, 489 Toorak Road, Toorak VIC 3142

Email: contact@evercrest.com.au

1. Changes to our privacy

We may change this privacy policy from time to time.

Any updated versions of this policy will be posted on our website and will be effective from the date of posting.

This policy was last updated on Friday 21^st February, 2025