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Terms and Conditions

Thank you for visiting our website. The Driva websites (www.driva.co.nz and www.driva.com.au) are owned and operated by Driva Pty Ltd (ABN 37 636 659 160) and Driva New Zealand Limited (NZBN 9429051686994/Registered Company 8975050). By visiting this website or contacting us by phone or through our digital platforms, 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 and Driva New Zealand Limited collectively.

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, 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. 

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 1994. 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 Zealand and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand.

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. 

PROTECTING YOUR PRIVACY

Driva New Zealand Ltd (NZBN 9429051686994/Registered Company 8975050) is committed to acting in the best interest of our customers, including protecting your privacy. 

Below sets out detail of what 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 and Driva New Zealand Limited collectively.

INFORMATION WE COLLECT

Personal Information

Personal Information refers to information from which your identity is apparent or can reasonably be ascertained. “Personal Information” as defined in the New Zealand Privacy Act 2020 (“the Privacy Act”) 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 this 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

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 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 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 use your 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;
  • Assess your application for finance including making reasonable about your borrowing needs and objectives, and your financial circumstances;
  • 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; 
  • 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. The information shared may include your Personal Information. 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;
  • Disclose your personal information to an insurer or insurers to source any insurances you wish to obtain; 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 hold about you. Providers on Driva’s lending panel include but are not limited to, the entities listed below:

  • Avanti Finance Limited
  • Branded Financial Services (NZ) Limited
  • Geneva Finance Limited
  • Finance Now Limited
  • Heartland Bank
  • Community Financial Services
  • UDC Finance Limited
  • Latitude Financial Services Limited
  • Nectar NZ Limited
  • Harmoney Services Limited
  • Oxford Finance Limited

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;
  • 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 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.co.nz. 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. 

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 is 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.

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 Information with a CRB unless it has a business operation in Australia or New Zealand.

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 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 contact@driva.co.nz . 

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 a New Zealand 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 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.  

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. 

Other things you should know 

If a lender accepts your application, we will highlight the key features of the loan agreement with you, including all fees and charges. This will also detail things like the amount you’re borrowing, the time frame for repayment and how often you make repayments. It also includes information about what might happen if you don’t make repayments. If you have any questions about the key features of the loan agreement at any time, don’t understand any of the key features or if you think any of the key features might not be right for you, it is important that you call us before you sign your loan agreement. A copy of the fees that Driva may charge you in relation to assisting you obtain finance can be viewed on our website

QUERIES, CONCERNS OR COMPLAINTS 

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.co.nz, Email us at contact@driva.co.nz, Call us at 0800 033 163

We will :

  • Acknowledge your complaint within two business days of its receipt
  • We will let you know if we need any further information from you to investigate your complaint
  • We aim to resolve complaints as quickly and efficiently as possible
  • We will strive to resolve complaints within five business days, but in some cases where we need to obtain further detail, this may take a little longer to resolve

If you are not satisfied with the way we have handled your complaint, you may complain to the Office of the Privacy Commissioner in these ways:

Lodge a complaint on the Privacy Officer website: www.privacy.org.nz

Telephone: 0800 803 909

Email: enquiries@privacy.org.nz 

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, 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.co.nz) or by request.