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ANZ Confidentiality principles for Business Customers
Edition 1.0
Confidentiality principles under a Non-Disclosure Agreement (NDA) which apply to you, a customer of ANZ's Business & Private Bank in Australia, and ANZ if they are activated.
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Who can ANZ disclose your information to?
You and ANZ agree in writing that these principles apply for a stated purpose.
ANZ gives you its commitment in writing to comply with these principles for a stated purpose. You then give ANZ information for that purpose.
When activated, these principles are binding in law on ANZ in respect of your information and you can enforce them.
If these principles are not activated, they do not apply to you or ANZ.
We will use your information only for the stated purpose.
We will not disclose your information to anyone, unless these principles authorise it.
We will promptly destroy your information if you ask in writing, except for compliance files.
We will notify you promptly if we become aware that we breached these principles.
To ANZ's officers or employees
or
To ANZ's subsidiaries and their officers or employees
- They must have a need to know
- We must ensure they are aware these principles apply
- We must ensure they do not do or omit anything that would breach these principles if we did or omitted it
To ANZ's professional service providers
- They must have a need to know
- They must owe us professional duties of confidence
As the law requires
or
As required for us to defend ourselves against a claim about your information
- Where practicable and lawful, we will promptly notify you with reasonable detail of the requirement
To anyone you consent in writing
- We must comply with any condition in your consent
Nothing in these principles requires you to
- Give us information – but if you do, you promise us you have the right to do so
- Grant a licence or transfer of your intellectual property, or
- Enter into any transaction.
We understand and agree that
- You may suffer loss if we breach these principles
- Money damages may not be an adequate remedy
- A court may grant you relief for any threatened or actual breach of these principles by us, without you having to prove actual loss, and
- If you bring an action concerning the activated principles, we will not challenge the right of a Victorian court to hear the case.
If activated, these principles
- Apply only between you and us – and you agree not to transfer your rights without our written consent
- Apply subject to any modification in the activation
- Automatically expire 3 years after you and we agreed in writing that they applied, or (where activated without a written agreement) 3 years after we gave our written commitment to comply, and
- Are governed by the laws of Victoria, Australia.
Compliance files
Information that is
- automatically stored on ANZ’s back-up servers
- required to be retained to defend ANZ in a claim about your information, or
- required to be retained to comply with law or ANZ’s internal policies on corporate governance, taxation, risk or audit,
provided we keep it confidential.
Employee
Includes any person that provides services to us, under a written contract, that are similar to work performed by employees.
Need to know
Having a reasonable need to know your information to assist ANZ to pursue the stated purpose. For an auditor, it includes usual corporate audit purposes.
Professional service provider
A provider of legal, accounting, audit or other professional services.
Stated purpose
Any purpose stated in the activation.
You
- The person identified as you in the activation.
- A customer of ANZ's Business & Private Bank in Australia.
Your information
- Any information that you make available to ANZ, even before activation, for the stated purpose
- Any reproduction of that information by ANZ, and
- The fact that you or ANZ are pursuing the stated purpose or activated these principles, or the activation contents.
However, it excludes information ANZ can show is
- publicly available (other than because we breached these principles)
- known to us before you first made it available for the stated purpose
- lawfully received from an independent source, without the source breaching any duty of confidence owed to you, or
- developed independently by us
Any advice does not take into account your personal needs, financial circumstances or objectives and you should consider whether it is appropriate for you.
ANZ recommends you read the applicable Terms and Conditions and the ANZ Financial Services Guide (PDF) before acquiring the product.