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            Disclaimer

            GENERAL

             

            USE OF THIS WEBSITE

            This website which is accessible at www.oakcapital.com.au is owned and operated by Oak Capital Mortgage Fund Ltd and its related body corporate together all called Oak Capital.

            GENERAL INFORMATION

            All rates and fees are from and indicative only, information provided on this site are not our extensive terms and conditions and may not accurately represent loan terms you are eligible for. Restrictions and loadings apply. Rates are subject to review, terms, and conditions. Not all loan features will be available on all loans or products. For full terms and conditions read the Oak Capital product guide and speak to your dedicated BDM.

            The information, opinions and other materials appearing on the website are of a general nature only and shall not be construed as financial product advice. Oak accepts no responsibility for the accuracy or completeness of the information, opinions or other materials provided on or accessible through the web site. The website has not been prepared with reference to your individual financial or personal circumstances.

            CONTACT DETAILS FOR THE CREDIT PROVIDERS

            Oak Capital Mortgage Fund Ltd ACN 161 407 058, Level 14, 379 Collins Street Melbourne, Victoria 3000, Ph: 1300 625 227 Oak Capital Wholesale Fund Pty Ltd ACN 622 106 692, Level 14, 379 Collins Street Melbourne, Victoria 3000, Ph: 1300 625 227 SJM Financial Solutions Pty Ltd  ACN 141 107 940, Level 14, 379 Collins Street Melbourne, Victoria 3000, Ph: 1300 625 227 SJM Wealth Management Pty Ltd of Level 14, 379 Collins Street Melbourne, Victoria 3000, Ph: 1300 625 227 La Trobe Financial Services Pty Limited ACN 006 479 527, Level 25, 333 Collins Street, Melbourne VIC 3000 – Ph: 1800 707 707 La Trobe Financial Asset Management Limited ACN 007 332 363, Level 25, 333 Collins Street, Melbourne VIC 3000 – Ph: 1800 707 707 Orde Mortgage Custodian Pty Ltd ACN 638 083 548 (and associated entities) 162 Collins St Melbourne VIC 3000 Ph: (03) 8657 2500. First Mortgage Capital Pty Ltd ACN: 150 210 736, Level 14, 379 Collins Street Melbourne, Victoria 3000, Ph: 1300 625 227

            All disclaimer information using the terms “we”,”us”, “our” or “Oak” are references to Oak Capital group which encompasses SJM Financial Solutions Pty Ltd (Australian Credit License 389191), Oak Capital Mortgage Fund Ltd (Australian Financial Services License 438659), Oak Capital Wholesale Fund Pty Ltd (Australian Financial Services License 506255), SJM Wealth Management Pty Ltd, OCFS Pty Ltd ACN 643 084 548 and/or other nominated parties (“Oak”).

            DISCLAIMER

            The information on this website has been prepared by Oak Capital group which encompasses SJM Financial Solutions Pty Ltd (Australian Credit License 389191), Oak Capital Mortgage Fund Ltd (Australian Financial Services License 438659), Oak Capital Wholesale Fund Pty Ltd (Australian Financial Services License 506255), SJM Wealth Management Pty Ltd, OCFS Pty Ltd ACN 643 084 548 and/or other nominated parties (“Oak”) for general information purposes only, without taking into account any potential investors’ personal objectives, financial situation or needs. Before investing, you should consider your own objectives, financial situation and needs or you should obtain financial, legal and/or taxation advice. Oak Capital does not give personal product advice. The content on this website provides only general financial product advice. Past performance is not a reliable indicator of future performance. While due care and attention has been exercised in the preparation of forecast information, forecasts, by their very nature, are subject to uncertainty and contingencies, many of which are outside the control of Oak Capital. Actual results may vary from any forecasts and any variation may be materially positive or negative. Any offers will only be made in accordance with the PDS and SPDS or IM and SIM issued in accordance with the provisions of the Corporations Act 2001, and the attached Application form related to the Oak Capital Mortgage Fund (ARSN 166 411 463) or Oak Capital Wholesale Fund.

            EMAIL DISCLAIMER

            Notice: This email transmission may contain information that is confidential, privileged, and/or subject of copyright. If you are not the intended recipient(s), please:- (a) do not read, use, copy, disclose or distribute the email without the express authority of Oak Capital; (b) disregard and destroy the email and any copies of it; and (c) notify the author immediately by telephone on (03) 9621 1399 or by reply email.  You may not rely on electronically transmitted information, agreements or advice unless confirmed by facsimile or letter signed by a director of Oak Capital. Oak Capital accepts no responsibility for loss or damage arising in any way from receipt, opening, use, distribution of, or reliance upon, the email.

            ERRORS

            Oak does not warrant that the functions contained in the website materials will be uninterrupted or error-free, that defects will be corrected, or that this server that makes it available are free of viruses or other harmful components. Oak does not warrant or make any representations regarding the use or the results of the use of the materials on this site in terms of their correctness, accuracy, reliability, or otherwise.

             

            PRIVACY

            This policy provides information as to the kind of personal information that we collect and the way we use it. In this Privacy Policy, the terms “we”,”us”, “our” or “Oak” are references to Oak Capital group which encompasses SJM Financial Solutions Pty Ltd (Australian Credit License 389191), Oak Capital Mortgage Fund Ltd (Australian Financial Services License 438659 & ACN 161 407 058), Oak Capital Wholesale Fund Pty Ltd (Australian Financial Services License 506255 & ACN 622 106 692), SJM Wealth Management Pty Ltd, OCFS Pty Ltd ACN 643 084 548 and/or other nominated parties (“Oak”)

            1. Privacy Statement

            Oak recognises the importance of personally identifiable information collected about you and are strongly committed to protecting this information when you interact with us about our products and services. It is our objective to create a transparent framework about how and why we collect and use your personal information, and how we safeguard your privacy. We are bound by the relevant laws including the Australian Privacy Principles in the Privacy Act 1988 (Cth), the Privacy (Credit Reporting) Code and Freedom of Information Act 1982  in relation to the handling of personal information.

            1. Personal Information

            We collect personal information when we provide our products and services to you, and only collect personal information that is reasonably necessary for us to perform our functions Generally, we will tell you why we are collecting information when we collect it and how we plan to use it, or these things will be obvious when we collect the information.

            We usually collect personal information directly from you although sometimes we may use need to source information about you from a third party: for example, a credit reporting body or an insurer. Wherever possible this will be done with your permission or where this is not possible, we will inform you. We may also acquire lists from other sources, both from other companies and from public documents.

            The kind of personal information we collect, and hold will depend upon the type of products and services that you request, and may include:

            • information you give us when you request a product or service from us, such as your name, address, contact details and relevant identification documents;
            • financial information about you, such as your financial position and information obtained from credit checks if you have authorised us to carry out those checks;
            • communications between us and your accountant, financial adviser, lawyer or mortgage broker; and/or
            • transactional information about the use of a product if you have or had a product with us.

            Collection of your personal information may include us collecting from:

            • Our representatives;
            • Our distributors or referrers, agents, business partners and affiliates, other insurers or related Companies;
            • Our service providers;
            • Family members or anyone you have authorised to deal with us on your behalf;
            • Our legal or other advisers;
            • Social media and other virtual communities and networks where people create, share or exchange information;
            • AFCA or any other external dispute resolution body;
            • Persons who are authorised under power of attorney or otherwise to manage your affairs;
            • Publicly available sources of information;
            • Data partners, analytic consultants, and other similar organisations; and
            • Any other organisation or person where you have consented to them providing your Personal Information to us or consented to us obtaining Personal Information from them.
            1. Credit Information

            This section applies in addition to other sections of our privacy statement where you apply for credit from us, act as guarantor or provide security property. Information is obtained from you, credit reporting bodies, mortgage brokers and others to assist us in assessing your eligibility to be provided with finance. Credit information obtained includes your credit history including repayment history, default information, details of any serious infringements, personal insolvency information and any other publicly available information. In obtaining your credit history from a credit reporting body we are required to advise them of your personal information such as name, address, and date of birth. We may share your personal information with a number of parties including: prospective investors who have an interest in financing your loan; any party representing you such your broker, lawyer or accountant; anyone who you have provided consent; credit reporting bodies; our agents including our lawyers or other organisations who assist in administering your loan; and other guarantors or borrowers associated with your loan. If you believe information held by a credit reporting body is incorrect or you have been a victim of fraud you can contact the credit reporting body to correct your information. We make use of Equifax. Refer www.equifax .com.au or telephone 13 83 32.

            1. Sensitive Information

            As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our products or services and if the law requires us to. We will only collect sensitive information about you with your consent, for example if assessing a hardship application.

            1. Anonymity

            Where possible, you have the option of interacting with us anonymously. For example, you may visit and browse our website and use some of our online facilities without having to reveal any Personal Information.  It is your choice whether to provide your personal information. However, if you don’t, we might be unable to fulfil your request for a specific product or service or be unable to identify you to protect you against fraud

            1. Use of Personal Information

            Oak will never sell, rent, or trade your personal information.

            We use your information to provide our products or services to you, to fulfil administrative functions associated with these products or services, for example billing, to enter into contracts with you or third parties, to respond to queries or complaints, for staff training, and for marketing and client relationship purposes.

            We may use your personal information to comply with laws and regulatory requirements including complying with any request made by a governmental authority in connection with legal proceedings or the prevention or detection of fraud and crime.

            Your personal information is also collected to meet our obligations under the Anti-money laundering and Counter Terrorism Financing Act 2006 (Cth) and following a direction issued under taxation laws by the ATO.

            We may use your personal information for additional purposes to those listed above, however we will not use your personal information other than for:

            • a purpose made known to you;
            • a purpose you would reasonably expect;
            • a purpose required or permitted by law; or
            • a purpose otherwise authorised by you.
            1. Disclosure of Personal Information

            In the course of providing our services to you, we may disclose your personal information to other organisations.  These may include:

            • Companies that provide services to us;
            • Anyone where you have provided consent;
            • Lenders, valuers, mortgage insurers;
            • Accountants;
            • Recoveries firms and debt collectors;
            • Investment managers;
            • Lawyers;
            • Printing and postal services;
            • Advisers, authorised representatives;
            • Financial institutions including entities that administer your financial products;
            • Any industry body, tribunal, court or otherwise in connection with any complaint;
            • Your employer or referees.

            Prior to disclosing any of your personal information to another person or organisation, we will take all reasonable steps to satisfy ourselves that the person or organisation has a commitment to protecting your personal information at least equal to our commitment, or you have consented to us making the disclosure.

            1. Use by Third Parties

            Wherever our business is outsourced to third party service providers, such as our lawyers, information technology service providers, we undertake wherever possible to ensure that these parties are bound by confidentiality and non-disclosure agreements. Information provided to these parties remains the property of Oak and is only used for the specific purpose for which it is supplied.  Wherever possible Oak will elect to deal with agents who are bound by the provisions of the Privacy Act.  Except where required by law, we only disclose personal information to third parties with your express or implied consent. We do not disclose names and addresses to third parties for their own use and in particular we do not disclose names and addresses to third parties for their direct marketing. Generally, we require third parties to protect your information in the same way we do.

            We may share your information with companies which are related to the Oak group so that products and services may be offered.

            We do not normally deal with overseas entities.  If your personal information is disclosed to a company operating in a foreign country, we will ensure that the information will be protected by a law or in a contract which upholds privacy principles similar to the Australian Privacy Principles.

            1. Use of Aggregate Data

            Using cookies, we may collect certain non-personal information to optimise our products and services including our web pages for your computer. This information is for example the identity of your internet browser, the type of operating system you use, your IP address and the domain name of your internet service provider. We may use such non-personal information for internal purposes, including but not limited to improving the content of our website. When you are online, we collect information regarding the pages within our network which you visit and what you click on. Oak may use personally identifiable information in aggregate form to improve our products and services including our website and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by Oak as a summary report for marketing, or research purposes.

            1. Security

            We take all reasonable precautions to protect your personal information from loss, unauthorised access, modification, and unauthorised disclosure. Personal information about your accounts and membership is only accessible by you and those who are authorised to access it. Only authorised employees have access to your personal information and only for approved purposes. Your personal information can only be amended and deleted by authorised means.  Records that we hold, containing your personal information may be in hardcopy documents or electronic data. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls, virus software, user identities and passwords and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. Our website uses technology to ensure maximum security.  Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

            1. Data Breaches

            Security of your personal information is very important to us.  Oak have implemented internal procedures to manage data breaches if they occur.

            A data breach occurs when personal information that an organisation holds is subject to unauthorised access or disclosure, or is lost.  A data breach may be caused by malicious action (by an external or insider party), human error, or a failure in information handling or security systems.

            Oak will notify you and the Office of the Australian Information Commissioner about any eligible data breaches as required by law.  An ‘eligible data breach’ is a breach that is likely to result in serious harm to any of the individuals to whom the information relates, and we have not been able to prevent this risk of serious harm with remedial action.

            If you believe that we have experienced a data breach, please contact us using details in the section “Contacting Us”

            1. Direct Marketing

            On occasion, we, and our related companies, may use your Personal Information to provide you with information about the products and services we or our distributors, referrers, agents, business partners, affiliates and any proposed new or incoming insurer may offer.

            You can opt out of receiving direct marketing information from us at any time by contacting us using the details in the section “Contacting us” below

            1. Access to Personal Information

            You have a right to access personal information we hold about you and subject to the limited circumstances set out below, we will endeavour to process your request in a reasonable time or within 30 days.  In order to process your request, we will have to verify your identity.  There is no charge for requesting access to your personal information, however in some circumstances we may need to charge an administrative fee, of which we will inform you in advance.

            In the event that we refuse you access to your personal information, we will provide you with an explanation for that refusal.  These reasons may include:

            • an unreasonable impact on the privacy of other individuals;
            • the information relates to legal proceedings between Oak and you;
            • the information would reveal our commercially-sensitive decision-making process; or
            • we are prevented by law from disclosing the information or providing access.

            To request access, please contact our Privacy Officer via: telephone 03 9621 1399; email info@oackcapital.com.au; or post PO Box 63 Flinders Lane, VIC 8009.

            1. Updating your personal information

            It is important that your personal information that we hold is accurate and up to date. If you would like to make any changes to your personal information you may contact us at any time. We may from time to time ask you to inform us if any of your personal information has changed. However, we will generally rely on you to ensure that the information we hold about you is accurate and complete.

            1. Online Links to Third Party and Co-Branded Sites

            Oak may establish relationships with business partners that allow visitors to our website to link directly to sites operated by these partners. Oak is not responsible for the content or practices of websites operated by third parties that are linked to our sites. These links are meant for the user’s convenience only. Links to third party websites do not constitute sponsorship, endorsement, or approval by Oak of the content, policies, or practices of those third-party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third-party site.

            1. Changes to Privacy Statement

            This Privacy Statement relates to our current Privacy Policy, last updated 1 July 2019. We may vary our Policy and this Statement from time to time. By browsing our website, you accept that you are bound by the terms and conditions of our Privacy Statement as displayed on our website and you should check these whenever re-visiting our website.

            1. Contacting us

            If you would like more information about how we manage your personal information, please contact us on:

            Telephone:  03 9621 1399

            Email:          info@oakcapital.com.au

            Or write to us at the following address:

            The Privacy Officer

            Oak Capital
            PO Box 63
            Flinders Lane VIC 8009

            1. Complaints

            If you are not satisfied with how we have dealt with your personal information or you have a complaint about how we have complied with the Privacy Act you should contact our Privacy Officer:

            Telephone:  03 9621 1399

            Email:          info@oackcapital.com.au; or

            Post:            PO Box 63 Flinders Lane, VIC 8009

            We take privacy related complaints very seriously and consider all complaints carefully as part of our commitment to being open, honest, and fair in dealing with your concerns. We will respond as soon as possible, usually within 2 working days, to let you know the person in our organisation who will be responsible for investigating the matter.

            If we are unable to resolve the matter within 10 business days, we will contact you and let you know its progress and when we expect the matter to be resolved. In any event we will provide you with our decision on your complaint within 45 days.

            If you are dissatisfied with the response from our Privacy Officer, and you are a retail client, you are entitled to make a complaint to the Australian Financial Complaints Authority (AFCA) who can be contacted via: telephone on 1800 931 678; email info@afca.org.au; or post GPO Box 3 Melbourne, VIC 3001.

            You may also contact the Information and Privacy Commissioner via telephone on 1300 363 992; email enquiries@oaic.gov.au; or post GPO Box5218 Sydney, NSW 2001.

            You can obtain information on privacy issues in Australia by visiting the Office of the Australian Information Commissioner’s web site located at www.oaic.gov.au.