greenID Mandatory Additional Terms - Section 19: Equifax

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 the Product Terms:
“AML/CTF Act” means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
“Applicable Laws” means all applicable law, enactments, regulations, regulatory policies, binding guidelines, binding industry codes, regulatory permits and licenses which are in force from time to time including, without limitation, AML/CTF Act, applicable data protection and Privacy Laws and the GST Act.
“Applicant” means a person who applies for Your Product.
“Application” means an application for Your Product.
“Business Rules” means the instructions provided to Equifax regarding the processing of an Applicant's Personal Information as part of a Equifax Service Request.
“Corporations Act” means the Corporations Act 2001 (Cth).
“Developed IP” means Materials acquired or created by Equifax or Equifax’s Employees in the performance of the Equifax Services (whether or not they were created alone or jointly with You or Your Employees), including documents, ideas, equipment, processes and systems but excluding:
(a) Equifax Materials; and
(b) Your Materials.
“Employees” means officers, employees, agents, sub-contractors and representatives.
“Equifax Database” means a database owned by or licensed to Equifax but not listed as a Proprietary Database.
“Equifax Group Company” means Equifax and any Related Body Corporate from time to time of Equifax and their respective Employees.
“Equifax Materials” means Materials of which the Intellectual Property Rights vested in Equifax, its Employees or another third party prior to the date the Equifax Service was provided to You (as the case may be).
“Equifax Service” means Equifax’s electronic customer verification service (incorporating the ID Index) by which Equifax applies the Business Rules to an Applicant to verify an Applicant’s identity using Proprietary Databases, Public Databases, and/or Future Datasets (as agreed) for the purpose of allowing the Applicant to obtain Your Product using agreed access and delivery methods.
“Equifax Service Materials” means a service, product or work and any related documentation to be supplied by Equifax to You.
“Equifax Service Request” means an automated request by You to Equifax for Equifax to verify an Applicant’s details using the Equifax Service.
“Future Datasets” means any other Datasets that may be provided by Equifax to You, and may include data obtained from websites operated by government entities or authorities.
“ID Index” means the custom built system of analysing and scoring the data comprised in the Your Materials and the search results provided to You in response to an Equifax Service Request and includes Your particular search parameters based on the Business Rules.
“Material” means any material, whether tangible or intangible, in any form, including documents, records, software, data and any other information.
“Permitted Purpose” means the purposes, restrictions and or conditions for use of the Dataset outlined by the Supplier as set out in these Additional Terms.
“Personal Information” has the same meaning as in the Privacy Act 1988 (Cth).
“Privacy Law” means:
(a) the Privacy Act 1988 (Cth);
(b) any Guidelines, Public Interest Determinations or other advices relating to Personal Information issued by the Office of the Federal Privacy Commissioner in Australia; and
(c) any other requirement under Australian law, industry code or policy relating to the handling of Personal Information;
Together with the Applicable Data Protection Laws.
“Proprietary Database” means each of the following databases either owned by Equifax, or for which Equifax has rights of access:
(a) Equifax Identity Data;
(b) Equifax Commercial Credit Database;
(c) Insurance Claims Database;
(d) National Tenancy Database; and
(e) Any other database agreed by the parties from time to time.
“Public Database” means each of the following public databases:
(a) Australian Electoral Roll – Current;
(b) Australian Electoral Roll – Historical 2004;
(c) Equifax Phone Number Directory;
(d) Equifax Public Records;
(e) Any other database agreed from time to time.
“Related Body Corporate” has the meaning given it in the Corporations Act.
“Your Materials” means Materials supplied by You or on your behalf for use in the provision of the Equifax Service.
“Your Product” means financial products or any other Designated Service offered by You involving the provision of Designated Services as defined in the AML/CTF Act.

2. USE OF THE DATASET
2.1. Prior to the use of this Dataset, You must inform GBG if the request for Equifax Services relates to an Application requiring an AML check or a non-AML check.
2.2. You acknowledge that these terms and conditions govern use of the Equifax Service and further terms and conditions apply to use of the Supplier Data that is transmitted as part of the Service. Accordingly:
(a) where You are a subscriber to one or more of the Proprietary Databases, the terms and conditions of use applicable to those Proprietary Databases will continue to apply to Your use within the provision of this Equifax Service; and
(b) where, pursuant to the Business Rules, You request Equifax to use other Equifax Databases in providing the Equifax Service, the terms and conditions of use of those Equifax Databases will apply, in addition to these terms.
2.3. Where a third party imposes any restrictions on conditions of use on You pursuant to that third party’s agreement with Equifax, Equifax reserves the right to impose these conditions on You, and You agree to comply with them.
2.4. You must ensure each Applicant is made aware and has agreed (whether implied or not) that an identity check will be conducted with third party organisations.
2.5. You will dispatch Equifax Service Requests to the Equifax Service as Applications are made and not, unless instructed by Equifax, in batches or in a way that is otherwise likely to disrupt Equifax’s provision of the Equifax Service. Specifically, You must not at any time process more than 500 transactions per hour.
2.6. Without limiting Your obligations under these terms and conditions, You must:
(a) not use the Equifax Service, Equifax Service Materials or any other data generated by use of the Equifax Service, for any purpose other than the Permitted Purpose;
(b) not resell the Equifax Service, Equifax Service Materials or any other data generated by use of the Equifax Service (whether or not other information or services are added to it and whether or not it is incorporated into another service or other data);
(c) not change, delete or alter the data contained in the metadata fields of the data provided by Equifax as part of the Equifax Service (though this shall not prevent You from adding to such data); and
(d) comply with other reasonable product compliance requirements which Equifax or GBG may notify to You from time to time.
2.7. You are solely responsible for maintaining regular backups of all the Customer Data associated with the Equifax Services. To the extent that Equifax is in possession of the Customer Data, Equifax will be responsible for the maintenance, confidentiality, privacy and security of any such data. You acknowledge that Equifax may disclose the Customer Data to its third-party suppliers for identity verification purposes only. You are responsible for ensuring that you have appropriate measures in place to support such disclosure.
2.8. The parties acknowledge that the AML/CTF Act, among other regulations, places certain obligations on You in relation to identifying and verifying the identity of its customers, reporting and record keeping. You acknowledge that while the Equifax Service provided by Equifax under these terms and conditions assists You to comply with the AML/CTF Act, the obligation to comply with this legislation remains with You.
2.9. You warrant that you will not use this Dataset for any reason outside of the Permitted Purpose.

3. LIABILITY
3.1. Notwithstanding your liability to GBG as set out in the General Terms, to the extent permitted by law, GBG and Equifax limits its liability in respect of any failure to comply with a statutory guarantee, which cannot be excluded to the resupply of services or the cost of resupplying the Service.
3.2. Neither Equifax nor Equifax Group Companies shall have any liability whatsoever to You (including in negligence and breach of statutory duty) and You shall have no remedies against them with respect to the Service, or any use of or reliance on the same made by You or any person through You, including without limitation any loss of data or the inability to retrieve data, resulting from or incidental to the use of the Service or any direct, indirect, incidental, consequential, special, exemplary or punitive damages, any loss of profit, investment, trading, reliance or wasted expenditure, any liability to third parties, or any other form of loss or liability, regardless of cause, and whether in tort, contract, strict liability, statutory duty or liability or under any other form of action, and even if Equifax was advised of the possibility of such damages.

4. EXCLUSION OF WARRANTIES
4.1. GBG and Equifax make no warranties or representations about information sourced from third parties that is provided under the Equifax Service, or its reliability, accuracy, completeness, or currency and excludes all liability for any loss or damage in relation to the accuracy, completeness, currency or quality of information sourced from third parties that is provided under the Equifax Service.
4.2. You acknowledge and agree that the Equifax Service (including for the avoidance of doubt its content) are provided “as is”, “as available” and with all faults and is provided without any covenants, promises or guarantees as to accuracy, functionality, performance, merchantability, system integration, data accuracy or fitness for any purpose. Any conditions, terms or warranties as to the same implied or imposed by statue or common law are hereby excluded to the fullest extent permitted by law.

5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Parties agree that other than as provided in this clause 5, nothing in these Additional Terms transfer ownership in, or otherwise grants any rights in any Intellectual Property Rights of a Party.
5.2. If Equifax provides any Equifax Service Material to You, then Equifax grants You a non-transferable, non-exclusive, royalty-free licence for the Term to use Equifax Material solely for the purpose of being able to use the Equifax Service.
5.3. You grant to Equifax a perpetual, non-transferable, non-exclusive, royalty free licence to use and exercise all of the Intellectual Property Rights in Your Materials for the purpose of enabling Equifax to deliver the Equifax Service for Your benefit only.
5.4. If any Intellectual Property Rights are expressly transferred or licensed by a party under these terms and conditions, then such transfer or licence applies in accordance with its terms, notwithstanding any inconsistent marks of a party (e.g. ©) that may be attached to that intellectual property.

6. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
6.1. If, as a result of Additional Terms, You are able to access any information about identifiable individuals held by or on behalf of Equifax (and Equifax Group Companies), then You must:
(a) comply with all Privacy Laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if it were regulated by these laws;
(b) comply with any privacy code or policy which has been adopted by Equifax as if it were bound by that code or policy;
(c) comply with any direction of Equifax that is consistent with the laws, codes and policies referred to in paragraphs (a) and (b) above;
(d) not to do any act or engage in any practice that would breach the Privacy Laws or cause Equifax to breach the Privacy Laws;
(e) take all steps which are reasonable in the circumstances to protect any Personal Information held by it in connection with these terms and conditions from misuse, interference or loss, and from unauthorised access, modification or disclosure;
(f) not transfer any Personal Information provided by Equifax in connection with these terms and conditions to a country or territory outside of Australia, without Equifax’s prior written consent;
(g) immediately notify Equifax if it becomes aware of a breach of the Privacy Law in connection with these Additional Terms and notwithstanding any other provision of these terms and conditions, will take steps to remedy the breach immediately;
(h) comply with any reasonable direction of Equifax to observe any recommendation of any government body relating to Your acts or practices that the government body considers to be in breach of the obligations of this clause; and
(i) indemnify Equifax and any Related Body Corporate and their respective Employees for any loss or damage caused or contributed to by Your failure to comply with the Privacy Laws or Your breach of the confidentiality obligations set out in the General Terms in relation to Equifax.