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

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.