Merchant privacy notice
Privacy is important to us, and so is being transparent about how we collect, use, and share any personal information of your or any of your affiliate’s officers, shareholders, directors, employees or personnel where such individuals are either identified or reasonably identifiable in that information (personal information). This Privacy Notice is intended to help you understand our processing of such personal information (which includes collection, use, sharing, storage and other operations we perform in relation to such personal information).
It’s important to highlight that where our agreement with you refers to use or disclosure of information more broadly, such as information about (or relating to) you, your history or conduct of the facilities, this information may include personal information and the terms of the agreement will apply in respect of such personal information.
In addition to these uses, the personal information we collect from you during the application process, or the life of the facility, will be used to process your application, provide you with your product or service, and manage your product or service. We may also use your information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm in relation to our products or services and help us run our business.
If you do not provide all the information we request, we may need to reject your application or we may no longer be able to provide a product or service to you.
As a provider of financial services, we have obligations to disclose some personal information to government agencies and regulators in Australia, and in some cases offshore. We're not able to ensure that foreign government agencies or regulators will comply with Australian privacy laws, although they may have their own privacy laws. By using our products or services, you consent to these disclosures.
- how you can access the personal information we hold about you and ask for it to be corrected;
- how you may complain about a breach of the Australian Privacy Principles or a registered privacy code and how we will deal with your complaint;
- how we collect, hold, use and disclose your personal information in more detail.
- obtain information about your commercial activities or commercial credit worthiness from a business which provides information about commercial credit worthiness;
- exchange personal information and credit information about you with other credit providers to assess your application and creditworthiness and to notify them of any defaults by you;
- disclose credit information and other personal information about you to a guarantor or to a proposed guarantor (for the purpose of them considering whether to offer to act as guarantor);
- give or obtain a banker's opinion about you.
To ensure we're meeting our requirements and to allow for the most up-to-date information to be considered as part of the application process, we may do any or all of these things on one or more occasions.
The privacy page of our website banksa.com.au includes a "Statement of Notifiable Matters". These are matters you should be aware of in relation to the use and disclosure of your credit information. This statement includes:
- details of the credit reporting bodies to which we're likely to disclose your credit information, the types of credit information we may give them and how this information will be used;
- your rights over your credit information, including how you can access and correct your information and make complaints;
- your rights to direct a credit reporting body to limit the use of your information for direct marketing purposes and what protections are available if you believe you're a victim of fraud;
- information about our Credit Reporting Policy.
You can call us on 13 13 76 or visit us in branch for a hard copy of the Statement of Notifiable Matters.
For our customers located in the European Union
The General Data Protection Regulation (GDPR) regulates the collection, use, disclosure or other processing of personal data under European Union (EU) law. Our collection, use, disclosure and other processing of personal information may also be regulated by the GDPR.
Please refer to our EU Data Protection Policy on our website at banksa.com.au/privacy-reforms for information about how we manage personal data under the GDPR. The EU Data Protection Policy also forms part of this Privacy Notice.
Other acknowledgements and consents
If your application was provided to us by a broker, agent, or other introducer (Introducer), you and the Applicant consent to us disclosing personal information and/or financial information to the Introducer during the period in which we provide the Applicant with a Merchant Facility, including to obtain information about the Merchant Facility, the status of any application, the status of any payments, or other matters related to the Merchant Facility including for the payment of any commission (if applicable). You also acknowledge the Introducer has informed you and the Applicant of any commission payable to the Introducer by BankSA.
We have a general duty of confidentiality towards our customers, except in the following circumstances:
- where disclosure is compelled by law;
- where there is a duty to the public to disclose;
- where our interests require disclosure; or
- where disclosure is made with your express or implied consent.
"We", "our", "us" means BankSA – A Division of Westpac Banking Corporation ABN 33 007 457 141. "Westpac Group" means Westpac Banking Corporation and its related bodies corporate.