ANZ Document Exchange

ANZ Document Exchange: Privacy and Confidentiality Statement

It’s important to us that your privacy and data is safe whenever you use ANZ Document Exchange. When using our site, we’ll collect your personal and business information to assess your application. Business information includes that of any business that you own, part own, or a business where you are authorised to act on behalf of the business owners.

ANZ will collect and use information about you during the course of your relationship with ANZ. We explain below when and how ANZ may collect, use and disclose this information as we progress your application, including contacting you about incomplete applications.

You can contact us at any time to withdraw your consent to this use of your personal and business information, or to find out more.

We may disclose this personal or business information to our related entities, and to agents, contractors, or service providers that we engage to carry out or assist our functions and activities.

If you choose to disclose your financial information to us, then you are also agreeing to our collection, use and disclosure in line with this privacy and confidentiality statement, the relevant product terms and our Privacy Policy.

New and existing customers are also subject to the relevant product terms, which provide additional information on how we use personal and business information. If you want to review that information now, it is contained in the product terms which we will make available upon request.

It is important that the information ANZ holds about you is up to date. You must let ANZ know when information you have provided ANZ has changed.

Collection, use and disclosure of personal and business information

ANZ may use and disclose the personal and business information we collect about you for the following purposes:

• to assist in providing information about a product or service;
• to consider your request for a product or service;
• to enable ANZ to provide a product or service;
• to tell you about other products or services that may be of interest to you;
• to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion or provision of a product or service;
• to manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring, staff training, collecting debts and market or customer satisfaction research);
• to consider any concerns or complaints you raise against ANZ and/or to manage any legal action involving ANZ;
• to identify, prevent or investigate any fraud, unlawful activity or misconduct (or suspected fraud, unlawful activity or misconduct);
• to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty or pursuant to an agreement with any tax authority; and
• as required by relevant laws, regulations, codes of practice and external payment systems.

Absence of relevant personal and business information

If you do not provide some or all of the personal and business information requested, ANZ may be unable to provide you with a product or service.

Information required by law etc.

ANZ may be required by relevant laws to collect certain information from you. Details of laws that require us to collect information about individuals (personal information) and why these laws require us to collect personal information are contained in ANZ's Privacy Policy and www.anz.com/privacy.

Providing your information to others

You agree that we may disclose your personal and business information about any individual or non-individual (e.g. companies) to:

• any related entity of ANZ which may use the information to: carry out ANZ's functions and activities; promote its own products and services; assess your application for one of its products or services; manage your product or service; perform administrative and operational tasks (including debt recovery); or comply with regulatory requirements and prudential standards;
• an organisation that is in an arrangement with ANZ to jointly offer products and/or has an alliance with ANZ to share information for marketing purposes (and any of its outsourced service providers or agents), to enable them or ANZ to: provide you with products or services; and/or promote a product or service;
• any agent, contractor or service provider ANZ engages to carry out or assist its functions and activities (for example, mailing houses or debt collection agencies);
• an organisation that assists ANZ to identify, prevent or investigate fraud, unlawful activity or misconduct;
• regulatory bodies, government agencies, law enforcement bodies and courts;
• other parties ANZ is authorised or required by law or court/tribunal order to disclose information to;
• participants in the payments system (including payment organisations and merchants) and other financial institutions (such as banks);
• other credit providers;
• mortgage insurers and any reinsurer of any such mortgage insurer;
• your guarantors (and intending guarantors) and any person who has provided security for your loan to enable that person to consider whether or not to act as a guarantor;
• any person who introduces you to ANZ;
• your referee(s);
• your employer;
• your joint borrower(s) or account holder(s); co-director or partner; and
• your adviser; your authorised agents; your executor, administrator or trustee in bankruptcy; your legal representative; your attorney; or anyone acting for you in connection with your account.

If you do not want us to tell you about products and services, contact us to withdraw your consent.

Disclosure Outside Australia

ANZ may disclose personal and business information to recipients (including service providers and ANZ’s related entities) which are (1) located outside Australia and/or (2) not established in or do not carry on business in Australia. Our Privacy Policy contains information about the location of these entities.

Storage of information

When you register and use ANZ Document Exchange, the information will be collected and stored using cloud storage technology by a service provider on behalf of ANZ.

The information that ANZ collects with ANZ Document Exchange is housed in cloud storage in Australia.

Sensitive Information

ANZ will not collect sensitive personal information about you, such as information about your health, without your consent. In addition, information that should be kept secure including Tax File Numbers and Credit Card Numbers should be removed from files prior to upload. Where this information is provided, ANZ will endeavour to remove and not store this information within ANZ Document Exchange.

Our Privacy Policy

Our Privacy Policy contains information about: the circumstances in which ANZ may collect personal information from other sources (including from a third party) any laws that require or authorise us to collect certain information from you; how to access your information and seek correction of your information; and how you can raise concerns that we have breached the Privacy Act or an applicable Code and how we will deal with these matters.

Guarantors

Where you are a potential guarantor, we are also collecting your personal information to enable us to assess you as a guarantor for an application of credit.

Personal and business information about someone else or a third party

If you have provided information about someone else or a third party, please show them or their representative, a copy of this clause so that they may understand how we may use and disclose their personal information and business information.  Any application submitted is subject to this privacy and confidentiality statement.

Electronic Signing

Unless ANZ states otherwise in writing, and subject to any additional requirements requested by ANZ, a party may sign any Specified Document:

• in writing;
• electronically; or
• through an Authorised Platform,

and bind itself accordingly.

Specified Document means the documents that ANZ has notified may be signed in this way.

Any print-out will also be an executed original counterpart of that document. Each signatory confirms that their signature appearing in the document, including any such print-out (irrespective of who printed it), is their personal signature authenticating it.

ANZ Document Exchange: Terms and conditions

Australia and New Zealand Banking Group Limited (ABN 11 005 357 522) (“ANZ”) provides access to this site. By using this site, you may be provided with access to documents, and other information, including customer data, financial and/or operational information ("Confidential Information"). By accessing and continuing to use this site, you agree:

1. to keep the Confidential Information in the strictest confidence.
2. to not use the Confidential Information for a purpose other than as agreed in writing by ANZ.
3. to the extent permitted by law, not share, disclose, copy, or reproduce any part of the Confidential Information to any third parties (including, without limitation, any clients, affiliates, independent contractors and consultants), without the prior approval of ANZ in writing, or share, disclose, copy, or reproduce any password required to access the site, and must not otherwise permit a third party to access this site or the information contained on this site.
4. to comply with all applicable laws, regulations, guidelines, and policies (including ANZ policies as amended from time to time), as may be in force from time to time which is applicable to your use of this site or the Confidential Information, and including privacy laws, as amended from time to time, and laws, regulations, guidelines, and policies in relation to the secrecy, collection, storage, use and disclosure of this Confidential Information, as if you were subject to those laws, regulations, guidelines, and policies.
5. not to take any steps or actions to seek to identify the identity of any individual to whom any part of the Confidential Information relates.
6. to indemnify and hold harmless ANZ in the event of losses or damages being caused or incurred, as a consequence of your disclosure of Confidential Information or breach of these conditions.
7. to exercise at least the same care in protecting ANZ's Confidential Information from disclosure as you use with regard to your own confidential information (but in no event less than reasonable care).
8. where requested by ANZ, within 30 (thirty) days as of such request, to return all Confidential Information which has been made available to you, and destroy all documents (both written and electronic) or other material containing, embodying, based on, or derived from, any part of the Confidential Information, and cease using the Confidential Information for any purpose whatsoever.
9. not to tamper with, perform security or penetration tests in relation to, or otherwise access the site other than as expressly approved by ANZ in writing.
10. that the password that you use to access the site will be unique, and not stored in any documents uploaded to the site, or otherwise on the site.
11. that ANZ will monitor, and may remove access to this site at any time, and at ANZ’s sole discretion, without notice or liability to you.
12. that ANZ makes no warranties in relation to the site, including but not limited to your use of the site or the information contained on the site, that such use will be uninterrupted, that the site and the information contained on the site will be error-free or that the site is free of computer viruses and other harmful data, code, components or other material. ANZ reserves the right to add, change or discontinue any feature on the site, hours of availability, and access or other software requirements, including any minimum system software requirements that will need to be met to ensure access to the site.
13. Other than any liability that cannot be excluded by law, ANZ is not liable to you for any losses, damages, liabilities, claims and expenses (including without limitation legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to this site and any information contained on the site (including your inability to use or access the site), howsoever caused, whether in contract, tort (including negligence), statute or otherwise.
14. ANZ may at any time vary, revise, add, amend, modify, or delete any part of these terms and conditions by updating the terms and conditions on this site. Your continued use of this site constitutes your acceptance of such variations.
15. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including without limitation, disclaimers, indemnities and limitations of liability.