Privacy Policy

Introduction

This Privacy Policy explains how Ex Nehilo Pty Ltd (ACN 688 661 430) (“Ex Nehilo, we, us, our”) collects, manages, stores and protects your personal information. We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth) and, where credit-related information is involved, the Privacy (Credit Reporting) Code 2014.

This Policy applies to all interactions you have with Ex Nehilo, including when you use any of our websites and related sub-domains (each referred to as a Site). Our Sites help facilitate the delivery of our commercial finance products and associated services.

If you require clarification about anything in this Privacy Policy, or you would like another copy, please contact our Privacy Officer using the details listed under “Access and Correction” below.

Personal Information We Collect

The personal information we collect depends on the services or products you apply for, or that may be connected to you. Depending on your dealings with Ex Nehilo, we may collect:

Your name, residential address, date of birth and contact details
Business name and business contact details
Email address
Tax file number
Unique identifiers such as usernames, IP address or device information
Copies of identity documentation and verification details
Financial details including assets, liabilities, expenses, bank statements, payment history and credit reports
Information relating to hardship applications, which may include medical or health-related details
Details of any security you provide
Information about your business, such as business size, structure and trading history
Information relating to transactions you enter into
Consumer-credit related details used to form a credit score or internal credit assessment

We may also request updated information from time to time—for example when you request a further advance, seek to vary an existing facility, or we need additional details for compliance reasons.

If you provide personal information about another person (such as a co-applicant, guarantor or business partner), you must ensure they know you have shared it and that they consent to Ex Nehilo collecting and using it as outlined in this Policy.

AML/CTF Act Compliance

Before we can provide you with financial services, we may need to collect personal information to satisfy our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the AML/CTF Act).

This may include:

Your full legal name
Residential address
Date of birth
Copies of identification documents

In some cases, we may need information about political exposure or related matters. If you provide this information when requested, we will treat this as consent for us to use it for AML/CTF purposes.

We may also disclose your identification details to a credit reporting body solely to confirm whether that information matches data they hold.

You have the right to:

Inform us (via info@exnehilo.com.au) that you prefer we do not verify your identity through a credit reporting body
Request an alternative identity verification method

We may use a third-party identity verification service to carry out AML/CTF and fraud-prevention checks. By engaging with our services, you authorise our identity-verification partners to access third-party databases on your behalf where necessary.

How We Collect Personal Information

We may collect information:

From application forms completed by you or someone acting on your behalf
Through bank statements or via authorised access to your online banking
Through information supplied via our Sites
Directly from you in person, by phone, email or online
From external data sources
From credit reporting bodies and other credit providers
From publicly available registers such as ASIC
From our business partners, brokers or introducers
From analytics tools on our Sites (e.g., IP address, browser type, date/time, navigation pathways)

We generally collect information directly from you unless it is impractical or unreasonable to do so.

We will not collect sensitive information about you without your consent unless permitted by law.

Use and Disclosure of Personal Information

We use and disclose personal information for purposes including:

Verifying your identity and fulfilling due-diligence requirements
Processing applications for finance products or variations to existing products
Assessing guarantors
Managing and operating accounts
Communicating with you about your application, account or requested updates
Managing our ongoing relationship with you
Providing information about products or services that may be relevant
Conducting internal audits, analytics and service improvement
Detecting and preventing fraud
Meeting legal and regulatory obligations, including AML/CTF and tax compliance
Producing aggregated and anonymised data reports which do not identify you

We may disclose personal information to:

Our related entities
Service providers, technology vendors and contractors assisting us
Introducers, brokers or referral partners connected with your application
Credit reporting bodies
Other lenders or financial institutions
Your authorised representatives
Government agencies and regulators
Parties considering acquiring an interest in our business

Any external party handling your information must do so in accordance with our privacy expectations and the Australian Privacy Principles.

How We Store Personal Information

We take reasonable steps to secure the personal information we hold. Information may be stored electronically in Australia or the United States. Access is limited to authorised personnel only, and we use a combination of digital, physical and procedural security measures.

We retain information for as long as required for our business purposes or to meet legal obligations.

Sharing Information with Business Partners

If you were referred to Ex Nehilo by a broker, agent or introducer, we may share relevant information with that partner, including:

Business name and contact details
Whether your application was approved or declined
Loan amount, loan term and key facility details
Financial information supplied during your application
Payment performance information such as late or missed payments

Partners use this information for internal reporting, service improvement and permitted marketing activity.

Sharing Information with Other Third Parties

We may also share information with third parties when:

You authorise us to
It is required by law
Information needs to be verified (e.g., employer, accountant, bank)

Overseas Disclosure

Some of our service providers, systems and partners operate overseas. The countries to which information may be transferred include, but are not limited to, the United States. Any overseas disclosure is made in accordance with the Privacy Act.

Credit Reporting

While Ex Nehilo does not provide consumer credit, we may use consumer-credit information to assess commercial credit applications. We may exchange information with credit reporting bodies such as:

Equifax Australia
Illion Australia
CreditorWatch

You may request that a credit reporting body:

Stops using your credit information for pre-screening
Places a fraud alert if you believe you are a victim of identity theft

Ex Nehilo does not use credit-related information for direct marketing.

Access and Correction

You may request access to the personal information we hold about you at any time. If the information is inaccurate, incomplete or outdated, we will correct it upon request.

Contact details:

Email: info@exnehilo.com.au
Phone: 1300 396 445
Postal: Level 7, Chadstone Tower One, 1341 Dandenong Rd, Chadstone VIC 3148

We aim to respond within 30 business days.

Marketing and Opt-Out

With your consent, Ex Nehilo may contact you about products or services that may interest you. You can opt out at any time by:

Using the unsubscribe link in our emails
Emailing info@exnehilo.com.au
Writing to us at our postal address

You may also request removal of publicly posted content (e.g., forums, testimonials), subject to limitations.

Concerns or Complaints

If you have concerns about our handling of your personal information, please contact our Privacy Officer. We aim to resolve all complaints promptly.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

Changes to This Policy

We may update this Privacy Policy from time to time. Significant changes will be communicated by email or via notice on our Sites.

Additional Information Regarding Use of Our Website

Tracking Technologies

We use cookies, tags, scripts and similar technologies for analytics, user experience improvement and site functionality. You can adjust your browser settings to manage cookie preferences.

Log Files

We automatically collect certain information such as IP addresses, device type, browser type and browsing behaviour. This helps us improve our services and website features.

Behavioural Advertising

Third-party partners may use cookies to display interest-based ads. You may opt out of interest-based advertising, although generic ads may still appear.

Security

We apply commercially reasonable security measures, including encryption for sensitive information. No system, however, is completely immune from risk.

Third-Party Links

Our Sites may contain links to other websites. Their privacy practices are not governed by this Policy, and we encourage you to read their privacy statements.

Blogs and Forums

Information posted publicly (e.g., comments, forums) may be visible to others. You may request removal of such information where possible.

Testimonials and Social Media Features

Testimonials may be displayed with your consent. Social media widgets (e.g., Facebook, LinkedIn buttons) may collect certain information and are governed by the policies of those providers.