Section 1: Document Verification Service Terms

 

If you subscribe to the Document Verification Service, you agree to the DVS Business User Terms and Conditions of Use, the DVS Identity Services Provider application terms, and any terms as may be specified by the Service Provider of the Document Verification Service (“DVS Terms”). The DVS Terms are set by the Department of Home Affairs of the Australian Government. The DVS Terms can be provided to you upon your written request, subject to any restrictions and requirements as may be imposed by the Service Provider of the Document Verification Service.

 

Section 2: New Zealand Identity Information Confirmation Service Terms

 

If you subscribe to the New Zealand Identity Information Confirmation Service, you agree to the New Zealand Identity Information Confirmation Service Add-an-Agency Application, the Agency New Zealand Identity Information Confirmation Service -User Agreement, and any terms as may be specified by the Service Provider of the New Zealand Identity Information Confirmation Service (“NZ Confirmation Service Terms”). The NZ Confirmation Service Terms are set by the Department of Internal Affairs of the New Zealand Government. The NZ Confirmation Service Terms can be provided to you upon your written request, subject to any restrictions and requirements as may be imposed by the Service Provider of the New Zealand Identity Information Confirmation Service.

 

Section 3: Dow Jones End User Agreement (Watchlist Screening product only)

 

The terms set out in this End User Agreement (“EUA”) apply to the Dow Jones Data, which shall be considered as Data for the purpose of the agreement between the Customer and GBG ANZ Pty Limited (the “Agreement"). Unless otherwise defined in EUA, any defined terms shall have the meanings given in the Agreement. For the avoidance of doubt, the defined terms used in the Agreement have also been included this EUA.

Definitions and Interpretation

In this Agreement, the following terms shall have the meanings set out below:

“Affiliate” means for any legal entity, an individual or legal entity that directly or indirectly controls, is controlled by or is under common control with such individual or legal entity, and where “control” shall mean:  (a) ownership of the majority of the voting equity interest of an applicable entity; and (b) having the legal and practicable ability to procure compliance by the applicable entity with the terms and conditions of this Agreement.

“Authorised Subscriber” means any entity that is a subscriber to the Company Services and authorised to access and use the Dow Jones Information through the Company Services and has agreed in writing to be bound by terms no less onerous than the Dow Jones Terms.

“Customer” means “Authorised Subscriber”

“Company” means “Dow Jones Subscriber” which for the purposes of this “EUA” is GBG ANZ Pty Ltd

“Data Protection Act” means the UK Data Protection Act 1998 as amended from time to time.

“Dow Jones Terms” means the terms, as detailed in this Annexure or as notified by Dow Jones to Company, from time to time, and that Company shall impose on each Authorised Subscriber prior to permitting access to the Dow Jones Information.

“Dow Jones Data” means personal data (full name, maiden name or AKAs, place and date of birth, country of residence and country of citizenship, occupation and information on additional roles and the relationship (if applicable) to a public figure) compiled and maintained by Dow Jones on data subjects, including Politically Exposed Persons (PEPs) and Special Interest Persons (SIPs) which includes individuals due to his/her prominence in the news owing to his/her involvement in selected criminal activity.

“Dow Jones” means Factiva Limited, a company incorporated in England and Wales under number 3773253 and with registered address at; The News Building, 1 London Bridge Street, London SE1 9GF, United Kingdom, acting on behalf of Dow Jones & Company, Inc. and any of its affiliated companies.

“Dow Jones Subscriber” means a legal entity within the Market that has entered into an agreement with a member of the Dow Jones Group in relation to the access and use of the Dow Jones Information.

“Hosting” means the hosting by Company of the Dow Jones Information on behalf of Dow Jones and Authorised Subscribers.

“Individual” means any individual in relation to which personal data is contained in the Dow Jones Information.

“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

“Permitted User” means an individual authorised to access and use the Dow Jones Data and who is either:  (a) an individual employee of the Customer; (b) an individual performing the functions of an employee on a temporary basis, independent contractor or consultant, in each case who is performing work for the Customer; or (c) an individual working for a company engaged by the Customer ("Third Party Contractor") to perform research using the Dow Jones Data on the Customer’s behalf, for the benefit of the Customer provided that the Customer: (i) assumes full responsibility and liability for the acts and omissions of all Permitted Users [and the Third Party Contractor, as if such acts and omissions were committed or made by the Customer; and (ii) ensure that the Third Party Contractor and all Permitted Users use the passwords (provided by the Customer) only on a dedicated basis for the Customer.

“Search Query” means any transaction that screens/filters a name(s), supplied by a Permitted User(s), against the Dow Jones Information through the Company Services and the term “Search Queries” shall be construed accordingly.

“Supervisory Authority” means the Information Commissioner’s Office in so far as such person is enforcing the provisions of the Data Protection Act.

 

1. Licence

1.1      GBG ANZ Pty Limited will supply the Dow Jones Data to the Customer from the Start Date for the Dow Jones Data set out in the Customer Agreement and grants to the Customer a non-exclusive, non-transferable, non-sub licensable, non-assignable licence to use the Dow Jones Data subject to the terms and conditions of the Agreement and this EUA.

1.2      The Dow Jones Data contains information derived from publicly available sources, and will be regularly up- dated by GBG ANZ Pty Limited as updates are received from Dow Jones. Dow Jones retains control and ownership of the form and content of the Dow Jones Data, and although Dow Jones may alter the Dow Jones Data from time to time, its fundamental nature will not be changed. The Customer and Permitted Users and Third Party Contractor will not, under the Agreement and this EUA acquire any ownership rights in the Dow Jones Data.

 

2. Terms of use

2.1      The Customer and Permitted User shall use the Dow Jones Data in strict compliance with applicable laws and regulations within the jurisdictions in which it accesses and uses the Dow Jones Data. The Customer shall ensure that the Dow Jones Data shall only: (a) be accessed by Permitted Users; and (b) be used for the legitimate interests of the Customer and particularly for the purposes of assisting in complying with legal duties and regulations which apply to the Customer such as due diligence, anti-money laundering, “know your customer” compliance or similar regulatory screening obligations.

2.2      Except to the extent permitted or required for the Customer’s permitted use under section 2.1, the Customer and/or Permitted Users shall not: (a) reproduce, distribute, display, sell, publish, broadcast or circulate the Dow Jones Data to any third party, nor make the Dow Jones Data available for any such use; or (b) create or store in electronic form any library or archive of the Dow Jones Data save that, and notwithstanding anything to the contrary, the Customer shall be entitled to retain copies of the Dow Jones Data necessary for archival, regulatory and/or compliance purposes. The Customer’s right to retain such copies as set forth above shall survive termination/expiration of this EUA provided that it no longer actively uses the Dow Jones Data.

2.3      The parties agree that upon termination of the provision of the Dow Jones Data and unless otherwise provided by subject applicable legal or regulatory restrictions, the Customer shall return or destroy all Dow Jones Data together with any copies, and certify in writing to GBG ANZ Pty Limited the completion of this process. In the case where the Customer is required by law or regulation to keep copies of some of the Dow Jones Data, the Customer guarantees the confidentiality of the Dow Jones Data and will not use the Dow Jones Data for any other purpose.

 

3. Data Protection principles

3.1      The Customer shall comply with all applicable laws and regulations within the jurisdictions, in which the Customer processes the Dow Jones Data, and the Data Processing Principles set out below. The Customer acknowledges that an individual who is included in the Dow Jones Data (an “Individual”) can enforce in his/her country of establishment this provision against the Customer with respect to its personal data. Any person acting under the authority of the Customer, including a data processor, shall be obligated to process the Dow Jones Data only on instructions from the Customer and on terms no less stringent than those set out in the Data Processing Principles below.

3.2      Upon reasonable request of GBG ANZ Pty Limited, the Customer will submit its data processing facilities, data iles and documentation needed for processing to review, audit and/or certification by GBG ANZ Pty Limited (or any independent or impartial inspection agents or auditors, selected by GBG ANZ Pty Limited and not unreasonably objected to by the Customer) to ascertain compliance with the warranties and undertakings in this EUA, with reasonable notice and during regular business hours. Such request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the Customer, which consent or approval the Customer will attempt to obtain in a timely fashion.

• Purpose limitation: Personal Data may be processed and subsequently used or further communicated only for the following purposes: (a) assisting in complying with legal duties and regulations which apply to the Subscriber Group; (b) performing a statutory role as a Governmental organization; or (c) performing law enforcement duties. If the Subscriber or a member of the Subscriber Group is processing special categories of data, defined under Article 8 of the European Directive 95/46/EC as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life (“Sensitive Data”), it shall only process it for the purpose of preventing fraud or a similar crime (the “Purposes”).
• Personal Data quality and proportionality: Personal Data must be accurate and, where necessary, kept up to date. Personal Data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
• Transparency: Individuals must be provided with information necessary to ensure fair processing (such as information about the purposes for processing and about the transfer), unless such information has already been given by GBG ANZ Pty Limited
• Security and confidentiality: Technical and organisational security measures must be taken by the Customer that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. This obligation shall not apply where the Customer is accessing services via the hosted solutions of GBG ANZ Pty Limited.
• Rights of access, rectification, deletion and objection: An Individual must, whether directly or via a third party, be provided with the Dow Jones Data about him/her that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or have been dismissed by the relevant data protection authorities, or when doing so would be likely to seriously harm the interests of the Customer or other organisations dealing with the Customer and such interests are not overridden by the interests for fundamental rights and freedoms of the Individual. The sources of the Dow Jones Data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the Individual would be violated. An Individual must be able to have the Dow Jones Data about him/her rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, GBG ANZ Pty Limited or the Customer may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the Dow Jones Data has been disclosed need not be made when this involves a disproportionate effort. The burden of proof for any refusal rests on the Customer or GBG ANZ Pty Limited, and the Individual may always challenge a refusal before the relevant data protection authorities.
• 8 Sensitive Data: The Customer shall take such additional measures (e.g. relating to security) as are necessary to protect such Sensitive Data in accordance with its obligations under the Agreement or this EUA.
• Automated decisions: For purposes hereof “automated decision” shall mean a decision by GBG ANZ Pty Limited or the Customer which produces legal effects concerning an Individual or significantly affects an Individual and which is based solely on automated processing of Dow Jones Data intended to evaluate certain personal aspects relating to him/her, such as his/her performance at work, creditworthiness, reliability, conduct, etc. The Customer shall not make any automated decisions concerning Individuals, except when: (a) (i) such decisions are made by the Customer in entering into or performing a contract with the Individual, and (ii) the Individual is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties; or (b) where otherwise provided by applicable laws or regulations.

 

4. Warranties

GBG ANZ Pty Limited shall make reasonable efforts to ensure that the Dow Jones Data is up to date. While GBG ANZ Pty Limited will use its reasonable efforts to ensure that the Dow Jones Data is complete, GBG ANZ Pty Limited cannot warrant that the Dow Jones Data includes a complete or accurate archive of every public figure or their associates in each country. Except as specified in this EUA all express or implied representations, warranties, conditions and undertakings in relation to the provision of the Dow Jones Data are excluded.

 

5. Customer Information

Please note that GBG ANZ Pty Limited will report to Dow Jones the name of the Customer and the number of name queries screened against the Dow Jones Data, but not its nature. This information will only be used by Dow Jones to: (a) follow market trends and allocate its resources (e.g. technical or human) accordingly; and (b) verify the relevant usage of the Dow Jones Data and the payments due and payable to Dow Jones in this respect. Dow Jones shall not disclose such information to any third party, other than to members of its group companies, or use them for any other purpose whatsoever and will treat this information as Confidential Information.

 

 

Section 4: Business verification Terms

 

These terms and conditions (these “Business verification Terms”) covers an extension to greenID^TM through the inclusion of business entity verification using data supplied by CreditorWatch Holdings Pty Limited (CreditorWatch).

1. Key aspects of the service extension:

1.1 Each business entity query will return the following response:

1.1.1   Verification as to whether the business entity exists on a Government Register, and if it does exist, the details that are available on the Register of the:

1.1.1.1          business entity’s Directors and other Key Office Holders, and the

1.1.1.2          Shareholders or Proprietors of the business entity including the extent of their interest or ownership, and the

1.1.1.3          business entity’s registered address and/or principal place of business.

1.1.2   If the business entity has existed in the past and has since been de-registered or is suspended, a verification of its current status may be returned.

1.2      All queries made during testing and using data supplied by CreditorWatch are chargeable. For the avoidance of doubt, any queries made against “test stubs” and not using any data supplied by CreditorWatch will not be charged the fee.

1.3      Should you need to verify the identity of each of the business entity’s Directors and other Key Office Holders, and the Shareholders or Proprietors individually, you must obtain their personal details and their consent to disclose their personal details as part of a greenID^TM verification of identity procedure for an individual person. Your specific agreed and contracted greenID^TM fees will apply for each of these individual verification of identity procedures.

 

2. CreditorWatch special terms:

2.1      You will not copy, reproduce, republish, download, display, post , modify, reverse engineer, sell, rent, lease, host, sub-license or create derivative works of the CreditorWatch data, including a Credit Risk Product or any other analysis or report from the single use response you received.

2.2      You must not make or purport to make any representation on CreditorWatch’s behalf without the express written consent of CreditorWatch.

2.3      The Intellectual Property contained in the CreditorWatch service remains the property of CreditorWatch or any third parties including, but not limited to; the Australian Securities and Investments Commission (ASIC) and the Australian Business Register (ABR).

2.4      GBG and CreditorWatch do not warrant or make any representations as to the completeness, accuracy, reliability or currency of the CreditorWatch data. You acknowledge that the CreditorWatch data could include false or irrelevant information, technical inaccuracies and/or typographical errors.

2.5      We and CreditorWatch make no warranty that:

2.5.1   Access to the CreditorWatch data will be uninterrupted, timely, secure, free of unauthorized code of other harmful components, or free of error or malfunction; or that

2.5.2   Errors or defects will be corrected or will be corrected within a specified period of time.

2.6      The CreditorWatch data and service are provided by us and CreditorWatch on an “as is, where is” basis.

 

3. About CreditorWatch:

3.1      More details about CreditorWatch can be found on their website: https://creditorwatch.com.au/about-us

3.2      CreditorsWatch’s Privacy Policy can be found on their website: https://creditorwatch.com.au/privacy

 

Section 5: “Document Verification” Terms and Conditions

 

If you are procuring the document and facial biometrics verification capability, the terms in this Section (“Document Verification Terms”) shall apply.

1. Definitions and Interpretation

1.1      The following terms shall have the following meanings:

“Agreement” means the GreenID license agreement entered into between us and you, which these Document Verification Terms form an integral part of.

“Client Data” means any data provided to us or our Group Companies by you for processing in accordance with the terms of the Agreement including where relevant any Personal Information together with any data created or captured by or for you via the Document Verification (including facial biometric data).

“Document Verification” means the document verification and facial biometrics verification capability.

“Mobile Application” means a software application designed to run on a mobile device (such as a mobile phone), and which is developed and/or released by you or for you.

“Web Application” means a software application that utilizes web browsers and web technology to perform tasks over the Internet, and which is developed and/or released by you or for you.

“SDK” means the native software development kit, which includes source code, object code, and/or libraries, which is used to enable Document Verification in the Mobile Application;

“Web Library” means the source code, object code, and/or libraries, which is used to enable Document Verification in the Web Application;

“Controller” means the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Information

“Group Company” means our Associated Entity and “Associated Entity” has the meaning given to that term in the Corporations Act 2001 (Cth).

“Our Trademarks” means our trademarks and service marks as may be identified by us to you from time to time.

“Personal Information” has the meaning given to that term in the Privacy Act or the equivalent or corresponding definition under any applicable Privacy Requirements

“Privacy Requirements” means all applicable laws and regulations relating to the collection, holding, use, disclosure or other processing of Personal Information and privacy in any relevant jurisdiction, including, the Privacy Act 1988 of Australia, the Australian Privacy Principles (APPs), the Privacy Act 2020 of New Zealand, the New Zealand Information Privacy Principles (IPPs), and where relevant, the GDPR and the UK’s Data Protection Act 2018, and any amendment, consolidation or re-enactment of any of the above, any legislation of equivalent purpose or effect enacted in Australia, and any orders, guidelines and instructions issued under any of the above by relevant national authorities or a judicial authority in Australia.

“Processor” means a natural or legal person, public authority, agency or any other body which processes Personal Information on behalf of the Controller or the equivalent or corresponding definition (if any) under any applicable Privacy Requirements

“Sub-Processor” means a natural or legal person, public authority, agency or any other body contracted by the Processor to process Personal Information for the purpose of carrying out a specific processing activity on behalf of the Controller.

1.2      Interpretation

(a)       Except as expressly provided herein, words and expressions in this Amendment shall have the same meaning assigned to them in the Agreement.

(b)      Save as may be expressly amended and varied as set out in these Document Verification Terms, the terms and conditions of, and attachments to, the Agreement shall remain in full force and effect and apply in relation to the subject matter of these Document Verification Terms.

(c)      In the event of any conflict, ambiguity or inconsistency between the terms of the Agreement and these Document Verification Terms, these Document Verification Terms shall prevail.

 

2. License

2.2     Procuring Document Verification for a Web Application:

(a)      subject to the restrictions contained in these Document Verification Terms, we grant to you a non-exclusive, non-transferable, royalty-free license to use the Web Library only for the purposes of enabling Document Verification in the Web Application;

(b)      you may use, modify or merge all or portions of the Web Library with the Web Application and distribute it only as part of the Web Application. Any modified or merged portion of the Web Library is subject to these Document Verification Terms; and

(c)       you may not include any portion of the Web Library in your products or any other application other than the Web Application.

2.3     You may not assign your rights or obligations granted under these Document Verification Terms without our prior written consent. Any attempted assignment or transfer without such prior written consent from us shall be void and of no effect.

2.4     You may not sell, sublicense, rent, loan or lease any portion of the Document Verification and/or the Web Library to any third party. You may not copy, reverse engineer, decompile or disassemble any portion of the Web Library. To the extent that local law grants you the right to decompile software in order to obtain information necessary to render the software interoperable with other software, you shall first request us in writing to provide you with the necessary information. We have the right to impose reasonable conditions such as a reasonable fee for doing so.

 

3. Intellectual Property

3.1      The Web Library, the Document Verification, and all items contained within them are the intellectual property of GBG ANZ Pty Ltd, our Group Companies, and/or their relevant licensors (the “Proprietors”) and are protected by applicable intellectual property law including international treaty provisions and the laws of the country in which the Web Library is being used.

3.2      You agree to protect all copyright and other ownership interests of the Proprietors in all items in the Web Library supplied under these Document Verification Terms.

3.3      The Proprietors retain title and ownership of the items in the Web Library, the media on which it is recorded, and all subsequent copies, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, these Document Verification Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the the Web Library.

3.4      Nothing in these Document Verification Terms shall impair, limit or curtail our right to continue with any development, maintenance and/or distribution of our technology or products. You agree that you shall not assert in any way any patent owned by you arising out of or in connection with the Web Library or modifications made thereto against the Proprietors or their customers, agents and contractors.

3.5      We may require you include copyright notices and attribution notices into the Web Application or Mobile Application. If we make such a request, you shall comply with such a request promptly. You agree that all copies of the items in the Web Library, reproduced for any reason by you, contain the same copyright notices, and other proprietary notices as appropriate, as appear on or in the items delivered by us to you in the Web Library.

3.6     We may agree with you to allow you to use Our Trademarks in connection with your use of the Web Library. In the event of such mutual written agreement, subject to the restrictions contained in these Document Verification Terms: (a) we grant to you a non-exclusive, non-transferable, royalty-free license to use Our Trademarks only on or in connection with the Application, provided always that such use shall be subject to any instructions, conditions, and requirements as we may prescribe from time to time in relation to such use; and (b) you agree to the following terms: (i) Your use of Our Trademarks does not give you any right, title or interest in Our Trademarks, other than the license rights granted herein; (ii) you may not assign, transfer or sublicense any trademark right granted herein without our prior written consent; (iii) you agree not to use Our Trademarks in any way that will disparage us or our products, injure our reputation otherwise diminish or damage our goodwill in Our Trademarks or infringe our intellectual property; (iv) you acknowledge the validity of Our Trademarks and our sole of Our Trademarks, and that we retain all right, title and interest in and to Our Trademarks; (v) you recognize the value of the goodwill associated with Our Trademarks, and acknowledges that such goodwill inures exclusively to the benefit of and belongs to us; (vi) you shall take no action that will interfere with or diminish our rights in Our Trademarks; and (vii) you agree not to adopt or use a trademark, service mark, or any other designation confusingly similar to Our Trademarks.

 

4. Term

These Document Verification Terms are effective until terminated. We have the right to terminate these Document Verification Terms if you fail to comply with any term herein. Upon any such termination you must: (a) discontinue use of the Web Library; (b) remove all full and partial copies of the Web Library from the Web Application and your systems.

 

5. Disclaimer

5.1      You acknowledge and agree that the Document Verification and the Web Library are supplied to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties and conditions, either express or implied, including but not limited to any conditions or warranties of merchantability and fitness for any particular purpose or noninfringement of any third party right, in relation to the Document Verification and the Web Library other than any written warranty made in the Agreement, this includes, without limitation, any warranties in relation to accuracy or availability of the Document Verification and the Web Library.

5.2      You agree that the functionality of the Document Verification and the Web Library is dependent on the Web Application, the Mobile Application, and/or other systems (including hardware and software) used by you or provided for you by third parties (each a “Third Party System”). You agree that we are not liable for the performance or availability of the Web Application, the Mobile Application or any other Third Party System or any error, defect, or vulnerability in the Application or Third Party System.

5.3      You acknowledge and agree that the performance of any technology enabling automated face comparison, facial recognition, optical character recognition, tamper detection, document image capture, and document authentication are dependent on the device used to capture the image; the appearance of the subject being photographed, the angle of subject’s face, or any movement by the photographed subject; the quality and legibility of the document being photographed or scanned; and/or lighting, background and other environmental factors affecting luminosity, shadowing, and light contrast. You agree that we do not guarantee the performance of the aforesaid technologies by virtue of your use of the Document Verification and the Web Library and any issues exhibited by the Web Application, Mobile Application, the Document Verification and/or the Web Library in connection in whole or in part to any of the foregoing factors do not constitute an error or defect in the Document Verification and/or the Web Library and we are not responsible or liable for rectifying any such issues.

 

6. Data Protection

6.1      You agree that services in connection with the Document Verification and/or the Web Library may be carried out by our Group Companies, including IDscan Research Bilsim Teknolojileri Sanayi Ticaret Limited Sirketi, based in Turkey, GBG (Malaysia) Sdn Bhd, based in Malaysia, and/or GB Group Plc, based in the United Kingdom. You further agree to notify your customers of our role in processing their data (including biometric data) and potential transfer of their personal information to these countries.

6.2      You acknowledge and agree that Client Data may be transferred outside Australia to our Group Companies in the course of providing any services in relation to the Document Verification and/or the Web Library.  For the purposes of this clause and with respect to personal information, you agree that you are the Controller, we are the Processor, and our Group Companies are Sub-processors. We shall be responsible for ensuring that such Group Company complies with relevant Privacy Requirements and the terms of the Agreement. By using the Document Verification and/or the Web Library, you warrant and represent to us that you have obtained the necessary consents and approvals for you to provide the Client Data to us and for us to transfer the Client Data to our Group Companies including our Group Companies located outside of Australia and you hereby indemnify and defend us and our Group Companies, and hold us and our Group Companies harmless from any losses, liabilities, costs, expenses, and damages incurred or claimed against us as a result of your breach of the foregoing warranty and representation.

6.3      You consent for us to use Sub-processors in the delivery of services in connection with the Document Verification and/or the Web Library. Where required, you hereby authorise us to enter into an enforceable contractual arrangement with our relevant Group Companies specifying types of Personal Information to be disclosed, the purpose of disclosure, a requirement to comply with all applicable Privacy Requirements, a requirement to implement a complaint handling procedure, a requirement to implement a data breach response plan and requiring the relevant Group Companies  to enter a similar contractual arrangement with any third parties to whom it discloses the Personal Information. You agree that we shall be entitled to sign any prescribed model clauses as a Processor on your behalf and shall not be required to name you in such document.

6.4      You will indemnify us and keep us fully indemnified against any liability, costs or expenses (including reasonable legal costs) incurred as a result of any third party making or threatening to make a claim against us, our Group Companies and/or our clients that its use of the Client Data in accordance with the terms of this Agreement infringes that third party's Intellectual Property Rights provided that we (a) notifies you promptly in writing of any claim; (b) make no admission or compromise relating to the claim or otherwise prejudice your defence of such claim; (c) allow you to conduct all negotiations and proceedings in relation to the claim; and (d) gives the Client all reasonable assistance in doing so providing that you pay our reasonable expenses for such assistance.

 

Section 6: Simple KYC Service Terms

 

These additional terms and conditions (“SKYC Terms”) cover your use of the Simple KYC (“SKYC”) extension to greenID^TM through the proprietary Products and Service offered by SKYC (“SKYC Products or Services”) that you have agreed to purchase.

 

1. Key aspects of the service extension:

1.1      You agree that you will not (without Our prior written approval):

1.1.1   Use or permit the use of the Products and Services for any purpose other than the permitted purpose authorized in accordance with this Agreement;

1.1.2   copy or replicate, or directly or indirectly allow or cause a third party to copy or replicate, the whole or any part of the SKYC Products or Services;

1.1.3   Use the SKYC Products or Services to assist in the conduct of the business of any third party (that is not a party to this Agreement);

1.1.4   Vary, alter, modify, interfere with, reverse disassemble, decompile, or reverse engineer or otherwise seek to obtain or derive the source code from any part of the SKYC Products or Services (or directly cause or permit any other person to do so);

1.1.5   Publicly disseminate information regarding the performance of the SKYC Products or Services; or

1.1.6   Sub-licence, rent, sell, lease, distribute or otherwise transfer the SKYC Products and Services or any part of them except as permitted under this Agreement

1.2      You further agree that you will:

1.2.1   maintain the confidentiality of all login information and not allow or authorize any person other than your Personnel to use the relevant login information. We will contact you if we suspect a breach and must notify SKYC where any suspected or actual unauthorized access to or use of login information has occurred;

1.2.2   Be responsible for all activities that occur on the SKYC Products and Services, whether or not authorized by You;

1.2.3   Ensure that Your Personnel do use the SKYC Products or Services in any way that:

1. involves any false, defamatory, harassing or obscene use;
2. involves unsolicited electronic messages;

• would involve the contravention of any person’s rights (including Intellectual Property Rights);

1. may contravene any laws
2. could damage, disable or impart any part of the SKYC Products or Services;
3. may otherwise be regarded by SKYC on reasonable grounds to be unacceptable;

• involves any fraudulent activity; or
• involves the sale or promotion of any illegal business activities or prohibited products or services in the jurisdiction in which the SKYC Products or Services are being delivered.

 

Section 7: Australian Death Check Terms

 

1. Overview

1.1      GBG is an identity verification company which specialises in the provision of online identification and authentication services to organisations and individuals.

1.2      GBG, as an approved Data Service Broker (“DSB”), is now offering Australian Death Check (“ADC”) service which allows a Fact of Death (“FOD”) to be determined against data held by the Australian state/territory Birth, Deaths and Marriages Registrars, as represented by the Queensland Births, Deaths and Marriages Registry, ascting as the Australian Coordinating Registrar (“ACR”).

1.3      These terms allow the inclusion and operation of the FOD screening service through greenID. 

 

2. FOD Screening Service – Prerequisites

2.1      You must:

2.1.1         be a greenID User with access to the greenID admin panel;

2.1.2         be approved by the ACR as an agency user; and

2.1.3         comply with the ADC Agency User Terms and Conditions of Use.

 

3. FOD Screening Service – Description

3.1      GBG will provide you with the ability to upload a batch file of records (via the greenID admin panel) where each submitted record will be checked against the FOD data source.

3.2      GBG will offer exact matching against name and date of birth.

3.3      All results will be available as a downloadable CSV file with a status of “matched” or “not matched” (depending on the data source check results) against each record.

3.4      Note that You will not be able to process more than 20,000 records in a single batch at any given point in time. However, there is no restriction on the number of batches that may be consecutively uploaded.

 

4. Indemnity and liability

4.1         You indemnify GBG against any:

4.1.1      loss, damage, cost, expense (including legal expenses on a solicitor client basis), claim, proceeding or liability of any kind the GBG (or our personnel) may incur, that arises out of or in connection with your use of the ADC and ADC Match Results.

4.1.2      the correctness or otherwise of the ADC Match Results;

4.1.3      the lawful exercise of our rights pursuant to these terms and conditions.

4.2.        You acknowledge that we provide ADC Match Results as a Data Services Broker approved by the ADC based on information provided to us by jurisdictional registries of births, deaths and marriage and that we have no independently verified the accuracy or completeness of the information provided.

4.3         The ADC and ADC Match Results are made available without any representation or warranty of any kind (without limitation in respect of the accuracy of the ADC Match Results), and GBG has no liability to you in respect of any loss or damage you may suffer no matter how arising (including from negligence by AR) that is directly or indirectly related to the ACR, ADC, or ADC Match Results, or any other relevant matter, without limitation including any other approved Data Service Broker.

5. Precedence and jurisdiction

5.1         The ADC Agency Users Terms and Conditions of Use form part of this Agreement.

5.2         In the even of any conflict, there Additional Terms        take precedence over all other terms in the Agreement.

5.3         These additional terms are governed by the State of Queensland.

6. Continuity and survival

6.1         The ADC Agency User Terms and Conditions of Use will survive any termination of this Agreement unless otherwise terminated by ACR.

Section 8: Hosted Application

 

1. Overview

1.1        To increase the pace of delivery and utilisation of greenID services you may elect to use a Hosted application to capture individual identity details.

1.2        If you select to use a Hosted application, in addition to standard account creation and configuration activities, GBG will:

1. Provision a website with a unique URL
2. Make supported brand look and feel configurations based on your brand preferences
3. Make entry and exit text and exit link configurations based on your user journey preferences
4. Maintain the environment

1.3         Your customers will receive our standard privacy notice and must provide appropriate consents before GBG can use any details collected via the GBG hosted web application. 

1.4         GBG will then send the collected identity information to the greenID service via web services to process the identity verification against your configured data sources and matching rules.

1.5         Identity verification results can be collected via the back office admin panel or by making a web services call.

 

2. SMS Invite Service

2.1         You may also optionally decide to use GBG’s SMS invite service to send hosted web URL links to your customers via SMS.

2.2         If you select to use GBG’s SMS invite service, GBG will:

1. Create an SMS account
2. Make supported brand and text configurations based on your preferences
3. Configure a unique invitation expiration timeframe based on your preferences

2.3         SMS messages can only be sent to Australian and New Zealand mobile numbers.

2.4         In using this service, You agree to notify Your Customers and obtain consent (where required) in relation to the transmission or transfer of their PII to Twilio (https://www.twilio.com/legal/tos#twilio-terms-of-service).

2.5         GBG’s SMS invite service is subject to pass down terms from our corporate SMS provider, Twilio, as set out at Clause 6 of this Section.

 

3. Type ahead address verification service

3.1         You may also optionally decide to use GBG’s type ahead address verification service which can be integrated within a hosted web application

3.2         If you select to use GBG’s integrated address type ahead verification, GBG will:

1. Create an address verification account
2. Integrate type ahead address verification anywhere address data is collected within the hosted web application.
3. Use verified address data for identity verification purposes as configured on your account

 

4            Service Delivery

4.1        You and Your Users may utilise the Hosted Solution as ordinarily provided for as part of a core greenID implementation and always in accordance with the terms of the Agreement.

4.2        Your obligations as set out in the Agreement are in no way altered or reduced by virtue of the access method provided being the Hosted Solution.

 

5            Product specific terms

5.1        The Hosted Solution is subject to the Privacy, Data Protection and Information Security provisions.

5.2         Proper and secure access by Your customers to the Hosted greenID Solution from an originating or native webpage or hyperlink is Your responsibility.

5.3         We will provide Services that are equal to an ordinary core greenID implementation and provide a hosted webpage so as to give effect to the terms of this Agreement and provision of Services to You to permit Your customers to verify their identity in accordance with the terms of this Agreement and set-up of the Services.

5.4         The Services provided are offered to You on an ‘as is’ basis and We make no warranty of any kind, whether express, implied, statutory or otherwise, and We specifically disclaim all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law.

5.5         We additionally disclaim all warranties related to third party telecommunication providers and internet providers and you acknowledge that internet and telecommunication provider networks may be insecure.

5.6         Accordingly, you agree that We are not liable for any changes to, interception of, or loss of customer data while in transit via the internet or a telecommunications provider’s network, and that We do not control the services provided by internet and telecommunication provider networks.

5.7         In no event will either party have any liability arising out of or related to these terms for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, lost data, business interruption, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability, even if a party have been advised o the possibility of such damages or is a party’s remedy otherwise fails of its essential purpose, to the extent permitted by law.

5.8         In no event will the aggregate liability of either party arising out of or related to these terms exceed the amounts paid or payable for the services during the twelve (12) month period preceding the first incident out of which liability is claimed to have arisen, regardless of whether the action is founded in contract or tort.

 

6            Additional terms of use from our third party provider

6.1         Twilio may suspend the Services immediately upon notice to you for cause if, we in good faith, determine that

1. that you or an End User (i.e. your customer) materially breach the Twilio terms of service (https://www.twilio.com/legal/tos#twilio-terms-of-service);
2. there is an unusual and material spike or increase in your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the services;
3. that provision of the Services is prohibited by applicable law/regulation;
4. there is any use of the Services by You or an End User that threatens the security, integrity or availability of the Services; or
5. The information in your account is untrue, inaccurate or incomplete.

6.2         If the Services are suspended pursuant to this clause 6, we will have no liability for any damage, liabilities, losses (including loss of data or profits) or any other consequences that you may incur in connection any such suspension.

6.3         Although we endeavour to avoid making changes to the Services that are not ‘backwards compatible’, if any such changes are necessary, we will use our best endeavours to provide written notice to you not later than thirty (30) days prior to implementation.

6.4         If a change made under clause 6.3 adversely effects You or You elect not to accept a change under 6.3 that is required for security reasons, by telecommunications providers, or to comply with applicable law or regulation, it is open to you to provide us with written notice to terminate your use of the service with immediate effect, not later than thirty (30) days following the date of implementation.

6.5         Should you fail to provide any notice to terminate under clause 6.4 within thirty (30) days following the implementation date of the change, We will deem that the change is satisfactory unless otherwise notified.

 

Section 9: New Zealand Transport Authority (NZTA)

 

1. Overview

1.1         This clause applies where Consumer Risk Services, including information obtained form the NZTA, is accessed.

1.2         You understand that we have been provided with the NZTA Information which forms part of the Services and netiher We now NZTA are responsible for how you use the NZTA Information and/or your conduct or actions in relation to NZTA information.

1.3         You understand and agree that NZTA’s provision of the NZTA Information to us is mere confirmation that a record of an individual’s driver’s licence exists at the date of an enquiry, that the authenticated licence of an individual has been genuinely issued and tha the license is not recorded by NZTA as cancelled, lost or stolen as at the date of enquiry.

1.4         We and NZTA do not accept any liability whatsoever, now or in the future, in respect of any reliance that you place on the accuracy of the NZTA Information, irrespective of how and what the purpose of the NZTA Information is used for by You.

1.5         For the purpose of this Section 9, NZTA Information refers to reports that contain information obtained from the New Zealand Drivers Licence Register.

 

Section 10: Centrix access

 

1. Overview

1.1         This clause applies where You are a user of the Service via Centrix.

1.2         You agree that, in accordance with Your direct agreement with Centrix, You consent to and approve access to the greenID solution via Centrix.

1,3         You agree and acknowledge that any contractual relationship with Centrix in respect of use of greenID is subject to the laws of New Zealand, including any relevant privacy laws and regulations.

 

Section 11: Experian Credit Header Data Identity Verification Services (“Experian CHD”)

 

1. Overview

1.1         This clause applies where You access the Experian CHD.

1.2         You agree that, in accessing and using this source, you are acting in your capacity as a reporting entity as defined in and for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and solely for verification purposes required by that Act.

 

2. DEFINITIONS

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”).
Personal Information	has the same meaning as in the Privacy Act 1988 (Cth) (“Privacy Act”).
Services	means Experian Credit Header Data Identity Verification services and any information, including any match results, comprised within such services.
Terms	means these End User Terms and Conditions.

                                     

3. END USER’S OBLIGATIONS AND WARRANTIES
   • The End User shall:
     • in connection with the use of the Services 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 Information.
     • use the Services 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 the Services.
     • not (and will not allow any third party to) copy, adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with the Services.
     • keep any information comprised within the Services 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 the Services (i) comply with Experian 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 Experian with any information reasonably required by Experian to (i) provide the Services and/or (ii) to ensure compliance with all applicable Laws.
     • permit Experian (on reasonable notice and during normal working hours) to audit the End User’s compliance with its obligations under these Terms in relation to the use of Services or any other materials provided as a part thereof.
     • use all reasonable endeavours to ensure that any information provided to Experian is complete, accurate and in the agreed format.
   • The End User warrants that:
     • it is a reporting entity as that term is defined in AML/CTF Act;
     • prior to requesting the Services 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.
   • 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.

4. NATURE OF THE SERVICES
   • The End User acknowledges that the Services are 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. Experian is therefore not able to accept any liability for:
     • any inaccuracy, incompleteness or other error in the Services which arises as a result of data provided to Experian by the End User or any third party;
     • any failure of the Services to achieve any particular result for the End User.
   • To the extent permitted by law, Experian disclaims all warranties, representations or terms of equivalent effect that might be implied by law.

5. INTELLECTUAL PROPERTY RIGHTS

All Intellectual Property Rights in the Services will remain vested in Experian (or its relevant licensors).

 

6. TERMINATION

The End User’s access to the Services shall be immediately terminated in the event of a material breach of these Terms by the End User.

 

7. GENERAL
   • If any part of these Terms is found to be invalid or unenforceable by any court or other competent body, such invalidity or unenforceability shall not affect the other provisions of these Terms and such other provisions shall remain in full force and effect.

7.2 These Terms and all matters arising out of it shall be governed by, and construed in accordance with, the laws of Victoria. The courts of Victoria shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms.

 

Section 12 – Terms of Use for Superchoice Services

 

1. OVERVIEW

1.1      This annexure applies where You access the Superchoice Services.

1.2      By utilising the Superchoice Services, You do so subject to these additional terms, as well as the other terms and conditions of use contained in the greenID agreement.

 

2. DEFINITIONS

Agreement	Means these terms and conditions, schedules and any annexures
Client	The party the subject of this agreement.
Consent	means a consent given by a Verification Subject that contains the elements specified in Clause 6
End User	Means Your customer for whom You wish to verify by way of IDV Services
IDV Services	Means the services provided by Superchoice that facilitate the verification of the identity of a Verification Subject.
Verification Subject	Means an individual in respect of whom the Client makes a request for IDV Services to verify the identity of that individual

          

3. YOUR OBLIGATIONS AND WARRANTIES
   • When requesting and receiving the IDV Services, You must ensure that::
     • Prior to requesting any IDC Services in respect of any Verification Subject, You obtain, or, where applicable, ensure that your agent has obtained, the prior express authority and Consent of that Verification Subject to access, on behalf of that Verification Subject, the personal information held by Superchoice in respect of that Verification Subject for the purpose of verifying the identity of that Verification Subject and for the purpose of enabling You and Superchoice to monitor and improve their verification services.
     • You do not do anything or omit to do anything that may cause Superchoice to be in breach of any privacy law or other law;
     • You do not, by any words or actions, hold yourself out to be an agent of Superchoice;
     • You comply with obtaining all obligations in respect of obtaining Consent from End Users; and
     • You do not do anything or omit to do anything that damages, precludes access to, or enables unauthorised access to any data held by Superchoice or that diminishes the ability of Superchoice to provide the IDV services.

 

4. MUTUAL OBLIGATIONS
   • The parties agree that assistance and cooperation will be provided to each other to respond to any complaints received from any Verification Subject, or any other individual, to the effect that either party has breached an individuals rights under any privacy laws, including any complaint to the effect that a Verification Subject did not give the requisite authority and Consent to access that Verification Subject’s personal information.

5. AUDIT

You must, on written request from Superchoice (which will be made no more than once in the Initial Term and within a time that is reasonable in the circumstances:

• Provide Superchoice or its nominee with all documents and information in Your possession or control and/or permit Superchoice or its nominee to take copies of any such documents or information relating to Your compliance with it’s obligations set out in clause 4.1 above; and
• Allow Superchoice or its nominee to conduct on-site visits to Your premises and to access any documents or information relating to Your compliance with your obligations in clause 4.1.

 

6. CONSENT ELEMENTS
   • The Consent received from any End User must include the following elements:

(A) the Verification Subject’s authorisation for You to act as the Verification Subject’s intermediary to access personal information about the Verification Subject lawfully held by a third party pursuant to the Verification Subject’s right to such access pursuant to the Privacy Act 1988;

(B) the Verification Subject’s consent for You to disclose to GBG the personal information provided to You by the Verification Subject for the purpose of verifying the Verification Subject’s identity; and

(C) the Verification Subject’s consent for You to disclose to a third party the personal information provided to You by the Verification Subject for the purpose of verifying the Verification Subject’s identity, together with the Verification Subject’s consent for the third party retaining the personal information for the purpose of GBG and/or the third party monitoring and improving their verification services.

• 2 Customers shall:

(A) obtain the consent from the individuals, in accordance with the consent text below, before requesting any IDV Service;

(B) retain a copy of such consents; and

(C) provide a copy of such consent upon GBG’s request and ideally within less than 14 days.

 

• A sample of consent text that is satisfactory for the purpose of these terms are set out below:

For the purpose of you verifying my identity, I consent to you disclosing my personal information, including information about my income, superannuation and employment, to [CLIENT NAME] and to [CLIENT NAME] acting on my behalf to disclose my personal information to third parties for the purpose of exercising, on my behalf, my right, under the Australian Privacy Act 1988, to access personal information lawfully held about me by those third parties.  I consent to [CLIENT NAME] and third parties to which you or the verification agent sends my personal information retaining and using that information for the purpose of monitoring and improving their verification services.  I understand that if I do not provide this consent, you may be unable to assess my application.

Section 13: Diligent Inc Terms (Adverse Media) 

 

1. GBG is an authorised reseller of Diligent data provided under agreement with TransparINT LLC, a New Jersey limited liability company.
2. The Customer agrees that, in using the Compliance Platform service, these Additional Terms apply to the supply and provision of data from the data supplier to GBG, and to the extent set out in these Addition Terms, also apply to the supply of such data from Us to You.
3. The Customer agrees that they will notify the individual that in the course of using the Adverse Media service, the individuals personal information will be transferred to the United States (Virginia). GBG has contractual arrangements in place with Diligent to ensure any personal information is managed in accordance with Australian and New Zealand data protection laws.
4. All personal information supplied to Diligent will be deleted by them on completion of the Adverse Media check, known as the ‘TransparINT Search API’.

 

Section 14: Supplementary Terms for GBG Alert Service 

1.1         Where the Software is greenID with the GBG Alert Service activated, the terms of this section 14 shall apply.

1.2         The following definitions shall apply:

“GBG Alert Service” means a service that augments greenID transaction data with flags/alerts that indicate if potential fraud may have been detected through analysis of data collected by the GBG Alert Service

“GBG Alert Service Subscribers” means a collective group of customers common to GBG that have agreed to use the GBG Alert Service

“De-identify” means information that is no longer about an identifiable individual or an individual who is reasonably identifiable.

“Pilot Period” means the period equal to the Licence Term outlined at Schedule 1(B)(2) as agreed between the parties and, in any event, at the absolute discretion of GBG as to any applicable expiry or termination date of that relevant period.

“Pseudonymise” means the processing of personal information in such a manner that the personal information can no longer be attributed to a specific data subject without the use of additional information

“Verification Subject” means a customer that You and/or other GBG Alert Service subscribers have considered for verification and subsequently passed to greenID for identity verification purposes

1.3         Where the GBG Alert Service has been activated, you will receive notification where a Verification Subject may have had potential fraud identified via the GBG Alert Service.

1.4         The GBG Alert Service will use de-identified and pseudonymised information (compiled with other information obtained from other GBG Alert Service Subscribers) to attempt to detect potential fraud in accordance with the terms of use of this GBG Alert Service.

1.5         Where the GBG Alert Service is activated as part of the greenID services GBG currently provides to, you:

(a) Warrant that you have obtained all necessary permissions in accordance with this clause;

(b) Warrant that you have provided notification to individuals that their information will be used for both identity verification and fraud detection purposes and obtained their consent to do so;

(c)  Warrant that your collection statement meets all of the requirements of the Privacy Act 1988, including advising individuals of Our role in processing their data;

(d) Consent to the disclosure of de-identified and pseudonymized information obtained for the limited purpose of delivery of the GBG Alert Service to You and other GBG Alert Service Subscribers; and

(e) Agree to share any de-identified and pseudonymised information obtained in accordance with Clause 1.5(b) with Us so as to allow for the delivery of the GBG Alert Service to GBG Alert Service Subscribers.

1.6         In addition to your existing greenID service provided to You, You acknowledge that, in activating the GBG Alert Service, You will provide Personal Information to Us that We will de-identify by way of pseudonymisation and, at our election, retain in accordance with the provision of the GBG Alert Service.

1.7         You agree that upon anonymisation of the relevant Personal Information contained in any record created in connection with the GBG Alert Service, the provisions set out in the Privacy Act 1988 will no longer apply.

1.8         Without limiting Supplier’s obligations under the Agreement, Supplier agrees that upon Client’s request and, in any event at the end of the Pilot Period, Supplier must carry out the following actions (and must procure that its sub-contractors and Employees do so also):

(a) promptly return to Client all or any specified part of the Customer Data and all physical and written records containing that Customer Data;

(b) if requested by Client, destroy or delete all or any specified part of Customer Data in a manner specified by Client (acting reasonably) and promptly certify to Client that this has been done.