Australian Credit Dual Bureau | ID Number 201840
The Supplier Data used to provide the Australia Dataset is supplied by GBG’s Supplier, GBG ANZ Pty Ltd, who use Experian Australia Credit Services Pty Limited (“Experian”) to provide this service. GBG is obliged under the terms of its agreement with its Supplier to ensure that all End Users agree to comply with the following provisions.
1. Definitions
1.1 In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms and these Product Terms:
“End User Data” means any data provided to GBG by the End User for processing in accordance with the terms of the Agreement including where relevant any personal data.
“Experian” means Experian Australia Credit Services Pty Ltd (ABN 12 150 305 838) including its subsidiary, holding company or subsidiary of a holding company as the terms “subsidiary” and “holding company” are defined by the Corporations Act 2001 (Cth).
“Law” means laws, regulations and other rules having equivalent force.
“Permitted Purpose” means verification of an individual’s identity as required by Anti-Money Laundering and Counter Terrorism Financing Act 2006 (“AML/CTF Act”) and the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier in these Additional Terms in addition to the Customer Use Case as set out in the Agreement.
2. Use of this Dataset
2.1 The End User shall:
• In connection with the use of this Dataset comply with all applicable Laws including AML/CTF Act, the Privacy Act, the Australian Privacy Principles and all other Laws in Australia that relate to the privacy, protection, use or disclosure of personal data. .
2.2.1 Use this Dataset solely in its capacity as a reporting entity as defined under AML/CTF Act and solely for the Permitted Purpose.
• Use this Dataset solely in its capacity as a reporting entity as defined under AML/CTF Act and solely for the Permitted Purpose.
• Not sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any third party any of this Dataset.
• Not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the use of this Dataset.
• Keep any information comprised within this Dataset strictly confidential and not disclose any part of such information to any person except as permitted by AML/CTF Act.
• In order to protect the integrity of the information used in connection with this Dataset
(i) comply with GBG’s. the Supplier or Experian’s reasonable instructions and guidelines relating to information security, to the extent that they are not in conflict with the existing information security standards of the End User, provided always that such standards are at least as strict as those required by Experian and;
(ii) not copy, interfere with and/or use in any unauthorised way any digital certificate or any other security device provided by Experian.
• Provide the Supplier and/or Experian with any information reasonably required by the Supplier or Experian to
(i) provide the Dataset and/or
(ii) to ensure compliance with all applicable Laws.
• Permit the Supplier and/or Experian (on reasonable notice and during normal working hours) to audit the End User’s compliance with its obligations under these Additional Terms in relation to the use of this Dataset or any other materials provided as a part thereof.
• Use all reasonable endeavours to ensure that any information provided to the Supplier is complete, accurate and in the agreed format.
2.2 The End User warrants that:
• It is a reporting entity as that term is defined in AML/CTF Act;
• Prior to requesting the Dataset it:
(i) has provided to the individual who is the subject of a verification request with all the information required under section 35A(2)(a) of the AML/CTF Act,
(ii) the individual provided a consent as required under section 35A(2)(b) of the AML/CTF Act and
(iii) an alternative means of verifying the identity of the individual was made available to the individual as required under section 35A(2)(c) of AML/CTF Act.
• Where applicable, it will notify the individual in accordance with the requirements under section 35C of the AML/CTF Act.
2.3 The End User shall indemnify Experian against any loss or damage suffered or incurred by Experian as a result of or in connection with the End User’s breach of the warranties under Clause 2.2 above.
2.4 The End User acknowledges and accepts that Experian may request evidence that the End User has accepted the terms contained within these Additional Terms.
2.5 The End User warrants that it will not use the Dataset for any reason outside of the Permitted Purpose.
3. Nature of Dataset
3.1 The End User acknowledges that this Dataset is not intended to be used as the sole basis for any business decision and are based upon data which is provided by third parties, the accuracy and/or completeness of which it would not be possible and/or economically viable to guarantee. GBG the Supplier and Experian is therefore not able to accept any liability for:
• any inaccuracy, incompleteness or other error in the Supplier Data which arises as a result of data provided to Experian by the End User or any third party;
• any failure of the Dataset to achieve any particular result for the End User.
3.2 To the extent permitted by law, GBG, the Supplier and Experian disclaims all warranties, representations or terms of equivalent effect that might be implied by law.
4. Intellectual Property Rights
4.1 All Intellectual Property Rights in the Dataset will remain vested in Experian (or its relevant licensors).
5. Termination
5.1 Notwithstanding the other termination provisions between GBG and the End User in the General Terms, under the terms of GBG’s agreement with the Supplier, access to the Dataset shall be terminated in the event of a material breach of these terms by the End User.
6. Governing law and jurisdiction
6.1 In relation to any matter concerning this Dataset and these Additional Terms shall be exclusively governed by the laws of Victoria and the End User agrees to submit to the Courts of Victoria in relation to any matter relating to these Additional Terms and the Dataset.