As a member of Customs Bank we will collect personal information from you from time to time. This statement explains how we collect, use and disclose personal information. We will not use or disclose your information otherwise than as set out in this statement, for a purpose you would reasonably expect, a purpose required or authorised by law, or a purpose otherwise disclosed to or authorised by you.
‘Personal information’ is information about and which identifies individuals. It includes information obtained from any source and, should you apply for a loan or act as a guarantor of a loan, it will include anything about credit worthiness, standing history and capacity which, under and in accordance with the Privacy Act 1988, may lawfully be exchanged.
1. Organisation Identity
We are Customs Bank, a division of Police Bank Ltd ABN 95 087 650 799.
Our address is 25 Pelican Street, Surry Hills, NSW 2010.
Our contact officer for Privacy issues is our Privacy Officer.
Our Privacy telephone number is 131 728.
Our Privacy e-mail address is firstname.lastname@example.org.
Our Privacy Guidelines Booklet is available by either contacting our Privacy Officer who will forward you a paper copy or download one now.
2. Purposes for which we may collect and use personal information
2.1 Where you have approached us to gain access to Internet Banking you agree that we may collect personal information from you to verify you and identify you with your personal information we already have collected when you established your membership with us.
2.2 You agree that personal information about you which may at any time be provided to us in connection with a facility for which application is made may be held and used by us to assess and process the application, to establish, provide and administer the facility and to execute your instructions.
2.3 You agree, if you make application for credit to us or if you act as a guarantor in respect of credit we may provide, that, in assessing the application (or, if relevant, in assessing whether to accept you as a guarantor), we may seek and obtain personal information about you from a credit reporting agency or other financial institution and may give personal information about you to another financial institution.
2.4 You also agree that we may hold and use personal information about you, which may at any time be provided to us in connection with your application for membership or a facility for which you make application to us, for the purposes (as relevant) of:
- considering any other application you may make to us;
- complying with legislative and regulatory requirements including any requirements under our board;
- performing administrative functions, including accounting, risk management, record keeping, archiving, systems development, credit scoring and staff training;
- managing our rights and obligations in relation to external payment systems;
- conducting market or customer satisfaction research;
- developing, establishing and administering alliances and other arrangements (including rewards programs) with other organizations in relation to the promotion, administration and use of our respective products and services;
- developing and identifying products and services that may interest you;
- (unless you ask us not to) providing you with any magazine we may publish which has in it information of general interest as well as information about our products and services and the products and services of others that may interest you; and
- (unless you ask us not to) providing you with information about other products and services.
2.5 To be a Member of Police Bank the Corporations Act requires us to obtain your name and address. If a facility for which you make application to us is an ‘account’, as defined in the Anti-Money Laundering and Counter Terrorism Financing Act 2004, (replacing Financial Transactions Reporting Act 1988), the collection by us of some information to verify your identity and address is required by that Act. Otherwise, the collection of information about you is not required by law, but without it, we may not be able to provide you with the facility for which you apply.
2.6 Where personal information which we collect about you is sensitive information (such as information about health status, membership of a professional or trade association or a criminal record), you nevertheless consent to its collection by us.
3. Disclosure of personal information
You agree that we may collect personal information about you from, and disclose it to, the following, even if the disclosure is to an organisation overseas and that organisation is not subject to the same privacy obligations which apply to us:
- credit reporting agencies;
- other financial institutions;
- mortgage insurers used by us and reinsurers of any mortgage insurer;
- our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities;
- regulatory bodies, government agencies, law enforcement bodies and courts;
- any person who introduces you to us;
- other organisations with whom we have alliances or arrangements (including rewards programs) for the purpose of promoting our respective products and services, and any agents used by us and our business partners in administering such an arrangement or alliance;
- anyone supplying goods or services to you in connection with a rewards program associated with a facility you have applied for;
- debt collecting agencies;
- external payment systems operators;
- an organisation proposing to fund the acquisition of or acquire, any interest in any obligation you may owe us (whether under a loan, guarantee or security), that organisation’s agents, persons involved in assessing the risks and funding of the acquisition and, after acquisition, the purchaser and any manager;
- any person to the extent necessary, in our view, in order to carry out any instruction you give to us;
- (unless you tell us not to) our related bodies corporate for the marketing of their products and services;
- your agents and contractors, including your finance broker, legal adviser, financial adviser, builder and settlement agent;
- your executor, administrator, trustee, guardian or attorney;
- your referees, including your employer;
- your insurers or prospective insurers and their underwriters; and
- your sureties and guarantors and prospective sureties and guarantors.
4. Personal information about third parties
You represent that, if at any time you supply us with personal information about another person (for example, a referee), you are authorised to do so and you agree to inform that person who we are, that we will use and disclose their personal information for the purposes set out above, and that they can gain access to that information.
Where you supply us with personal information about another person you acknowledge that we will send that person a notice that we have collected and will hold that person’s personal information.
5. Access to your personal information and contacting us
5.1 Subject to provisions of the Privacy Act 1988, you may access personal information which we may hold about you at any time by asking us. You should telephone or write to our Privacy Officer on 131 728.
5.2 We are not obliged to provide you access to personal information where:
- providing access would pose a serious and imminent threat to the life or health of any individual;
- providing access would have unreasonable impact on the privacy of other individuals;
- the request for access is frivolous or vexatious;
- the information sought relates to existing or anticipated legal proceedings between us and you, and that information would not be accessible by the process of discovery in those proceedings;
- providing access would reveal the intentions of us in relation to negotiations with you in such a way as to prejudice those negotiations;
- providing access would be unlawful;
- denying access is required or authorised by or under law;
- providing access would be likely to prejudice an investigation of possible unlawful activity;
- providing access would be likely to prejudice due process in relation to any criminal sense or breach of law, the enforcement of any law, the protection of public revenue, the prevention or remedying of seriously proper conduct and/or the preparation or conduct of any proceedings before any court or other tribunal by or on behalf of an enforcement body;
- an enforcement body performing a lawful security function asks not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
5.3 Notwithstanding anything else in this statement, you may, at any time, advise us that you do not wish to receive any direct marketing communication. You may do this by telephoning or writing to our Privacy Officer on 131 728.
5.4 If after access to your personal information you consider there is an error in that personal information then you should contact our Privacy Officer on 131 728 to discuss the correction of that error.
6. Non disclosure
If you do not disclose the personal information we need we will not be able to process your application to us.
7. Document retention
7.1 You acknowledge that:-
7.1.1 the law requires us to keep any documents we have from you or about you for a minimum period, presently it is seven (7) years after the documents were last used by you and/or us;
7.1.2 documents are ordinarily last used by you and/or us when you terminate your membership with us, close an account in your membership and/or repay in full a loan/lease you have with us;
7.1.3 our operating systems do not always register exactly when a document might ordinarily last be used by you and/or us to enable us to assess when that document should be destroyed;
7.1.4 by documents we mean material held in our computer system and hard-copy documents; and
7.1.5 if we need to access hard-copy documents in storage, there is a cost attached to that process.
7.2 We and you agree that, unless you specifically advise us in writing to destroy your documents after they have been last used and it is lawful for us to do so, we shall:-
7.2.1 on the expiry of the required period at law after you terminate your membership with us, remove all your membership details from our computer system; and
7.2.2 retain your hard-copy documents indefinitely in our storage facilities.
You acknowledge that by clicking on “accept” when you initially open your Internet Banking Account, you are consenting to disclose your personal information to us to be held and used by us for the purposes in this statement and disclosed to the parties set out in this statement.