Privacy and cookie policy

1.1 ACCEPTANCE OF TERMS

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. The www.firstdatams.au website is owned and operated by First Data Merchant Solutions Australia Pty Limited ABN 51 115 245 531 and is part of the First Data group (together referred to as 'First Data'). This website is hosted by First Data Resources Australia Limited. By accessing or using this website you signify your acceptance of our Privacy Statement and other terms and conditions, notices and disclaimers contained in this document and elsewhere on this website (known collectively as 'Terms of Use'). From time to time, First Data may modify these Terms of Use by altering these Terms of Use as posted on this website. Any amendment will be effective from the date it is posted on this website. If, at any time, you do not wish to accept terms of Use, or any alterations to them you may not use this website. Any terms and conditions proposed by you which are in addition to or which conflict with these terms of Use are expressly rejected by First Data and shall be of no force or effect.

This website contains a link to a page which allows registered users to log in to a website providing Remote Access management ('RAM'). PRIVACY STATEMENT

Our commitment to privacy

Protecting the privacy of users of the First Data Merchant Solutions (‘First Data’ or ‘we’) website is important to us.

Our online Privacy Statement is designed to inform you about our collection and use of personal information on this website. From time to time, we may make changes to this online Privacy Statement so we encourage you to check back and review it regularly to ensure you are aware of current practices.

This Privacy Statement applies to personal information collected, used, stored and disclosed in Australia (or overseas as disclosed in this Privacy Statement) by First Data. All entities of the First Data group are bound by Binding Corporate Rules to satisfy privacy requirements around the world for all First Data entities. A copy of these Binding Corporate Rules is available on the First Data website. Our online Privacy Statement reflects our policies covering personal information collected at this website as well as the Australian Privacy Principles by which we are bound.

In summary, this Privacy Statement explains:

  • how this website works;
  • how we collect and use your personal information;
  • your right of access to your personal information;
  • your right to inspect and, where necessary, correct the personal information that we hold about you;
  • your right to have your privacy complaints investigated and resolved; and
  • your right to have your personal information protected from misuse or unauthorised access.

Cookies

This website uses cookies to aggregate information about the pages that users visit so that we can update and redesign this website, as necessary, in order to provide you with the most useful information. This will enable you to take full advantage of the services we offer.

A "cookie" is an identifier that we transfer to users' computer hard drives through users' web browsers to enable our systems to recognise users' browsers and interact more efficiently with users' computers.

You can generally configure your browser to accept or reject all cookies or notify you when a cookie is used. We suggest that you refer to your browser instructions or help screens to learn more about these functions, bearing in mind that if you configure your browser so as to not receive any cookies, a certain level of functionality of this website and other websites may be lost.

AdWords

This website also uses a remarketing feature in Google AdWords to reach out to people who previously visited our website. Remarketing involves classifying users according to how they use our website and creating an audience segment for third-party vendors, including Google, to show our targeted ads on third party websites. For example, if you access our contact form to make an enquiry about a particular product on our website, you may receive information relevant to that product within a specific time of visiting our website. This could be in the form of an ad on the Google search results page, or on a site in the Google Display Network. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising entirely by changing your cookie settings or permanently using a browser plugin.

What is personal information?

Personal information is any information that can be used to identify an individual. This includes any personal information or opinions about you, whether true or not, no matter how the information or opinions are recorded and includes information from any source. Credit information is a sub-set of personal information.

Collection of personal information

The nature of the personal information we collect about you online is generally comprised of your name, mailing address, e-mail address, phone number, the company you represent, company address and is strictly limited to the information that you voluntarily provide to us (through our website or by contacting us through any format).

If at any time you provide information about another person to us (i.e. an individual - for example, a referee, or a person to whom a payment is to be directed), you warrant that you are authorised to do so and that you will inform that person of who we are and that we will use and disclose their information as set out in this Privacy Statement.

If you provide incomplete or inaccurate information to us, we may not be able to provide you with the services you are seeking. We do not seek to collect nor store information about anyone's ethnic origins, political or religious beliefs, trade union membership, sexual preferences or criminal record. If you provide these and other types of sensitive information to us, then by doing so, you consent to our collection of that information and to the use and disclosure of that information as set out in this Privacy Statement.

Use and disclosure of personal information

We will use and disclose information for the primary purpose for which it was collected. We collect and hold the personal information that you supply to us on this website or through your contact with us to:

  • identify and contact you so that we can provide you with the information you have requested, assess and process any application you make for services, provide services to you and administer and manage services provided to you (including charging, billing and collecting debts);
  • gain an understanding of your information and communication needs in order for us to provide you with better, more personalised services that are tailored to your needs;
  • inform you of ways the services provided to you could be improved;
  • conduct appropriate checks for credit-worthiness and for fraud;
  • research and develop our services using third party services;
  • send you other information that we believe you would find interesting about First Data or the services you receive (direct marketing). You may opt out of any direct marketing service at any time;
  • perform our administrative operations, including accounting, risk management, record keeping, archiving, maintain and develop our business systems and infrastructure (including systems development, testing and upgrading), credit scoring and staff training; and
  • validate the user's rights to view the information provided. We also may use and hold personal information, which is provided to us in connection with services that you request, for the purposes (as relevant) of:
  • complying with legislative and regulatory requirements or as otherwise permitted or authorised by law;
  • considering any other application you may make to us;
  • managing our rights and obligations in relation to external payment systems, e.g. credit card schemes and debit payment schemes;
  • conducting market or customer satisfaction research;
  • developing, establishing and administering alliances and other arrangements (including rewards programs) with other organisations in relation to the promotion, administration and use of our respective products and services;
  • developing and identifying products and services that may interest you; and
  • for administrative and management purposes for the First Data group including without limitation, account management, data processing, data storage, provision of internet services and webhosting in Australia and overseas.

We may also use and disclose personal information for purposes that are related or ancillary to the primary purpose we collect it. Information collected by us is used to provide and administer the provision of services to you, managing our rights and obligations under contracts and at law, systems development and testing, in connection with alliance arrangements, and identifying and marketing the products or services provided by us, our related bodies corporate or other organisations that we think may be of interest to you and telling you about them.

In common with many other businesses, we use agents and other third parties to conduct certain activities on our behalf and provide certain services to us. For this purpose, we may need to provide these third parties with your personal information. Where appropriate, these disclosures are subject to privacy and confidentiality protections. Where we engage third party contractors to perform services for us, and there is a possibility of their handling of personal information we hold, we prohibit the third party contractor from using personal information about you except for the specific purpose for which we supply it. The types of organisations to which we may disclose a customer's, consumer's or user's personal information include:

  • financial institutions for the purpose of processing transactions and tracing transactions;
  • external payment systems operators and participants (e.g. credit card payment systems or debit payment systems);
  • credit-reporting and fraud-checking agencies;
  • our agents, contractors and external advisers whom we engage from time to time to carry out, or advise on, our functions and activities, including our accountants, auditors and lawyers;
  • providers of other services to us;
  • anyone supplying goods or services to you in connection with an alliance program associated with the services you request;
  • any person or organisation who introduces you to us;
  • any person to the extent necessary, in our view, in order to carry out any instruction you give to us;
  • regulatory bodies;
  • debt collection agencies;
  • organisations involved in managing our corporate risk and funding functions (e.g. securitisation);
  • any person considering purchasing a contract entered into by you from us and that person's advisers, persons involved in assessing the risks and funding of the purchase and, after purchase, the purchaser and any manager on an ongoing basis;
  • your and our insurers or prospective insurers and their underwriters;
  • other organisations including our related bodies corporate (and our agents and their agents) and organisations with whom we have alliances or arrangements (including reward programs) for the purpose of promoting our respective products and services; and
  • for administrative and management purposes for the First Data group including without limitation, account management, data processing, data storage, provision of internet services and webhosting;
  • any of whom may be located overseas. Where such disclosure occurs, we will require these third parties to keep your information confidential and use it only for the purposes for which we are permitted to use it in accordance with the principles set out in this Privacy Statement.

We may also disclose a customer's, consumer's or user's personal information to parties associated with you including:

  • your agents and contractors, including your finance broker, referees and your legal or financial adviser;
  • your executor, administrator, trustee, guardian or attorney; and
  • your franchisor (if applicable).

In addition, we may be required or permitted by law to use and disclose your personal information, (such as disclosures to credit reporting agencies as permitted under the Privacy Act or to law enforcement bodies and government and regulatory agencies to prevent fraud or other malicious activities). In addition, First Data may disclose customer or consumer information to companies that, like First Data, are part of the First Data group which may be located overseas (in which case your personal information will remain confidential and the purpose for which the information is collected and used will not change). These disclosures may consist of the following:

  • financial background information describing a customer's financial status;
  • identification information, such as name and address data;
  • consumer transaction information, such as account activity, debit activity or credit activity; and
  • other information relating to financial and personal matters.

There may also be circumstances in which we consider a customer or user has, by their actions, released us from our duty of confidentiality or has consented to the disclosure of personal information about them without actually stating that this is the case.

Direct Marketing

By accepting our services you expressly permit us to use your personal information for direct marketing purposes.

You agree that we may collect information about you from, and disclose it to, third party organisations including our related bodies corporate (and our agents and their agents) for the marketing of products and services.

You consent to the use of your information to issue product and professional mail outs by email, fax, social media or letters and undertaking other marketing or service based activities. You may opt out of any direct marketing service at any time.

Commercial Electronic Messages

First Data may use any electronic addresses you have provided to us or for which you are the relevant electronic account holder (both "your addresses") to send you commercial electronic messages in order to provide you with information and to tell you about products and services, including those of third parties, which we consider may be of interest to you. You warrant that you have authority either as or on behalf of the relevant electronic account holder to provide this consent.

You agree that until you provide written notice or use an unsubscribe facility included with a commercial electronic message to withdraw your consent, we may continue to send commercial electronic messages to your addresses.

We are committed to protecting the confidentiality of personal consumer information

We limit access to your personal information to those of our employees and employees of other entities in the First Data group, agents or other third parties who need your personal information to fulfil their responsibilities in relation to the services provided by us. All First Data employees must adhere to our privacy policies. Employees violating these policies may be subject to disciplinary action, up to and including dismissal. Our service providers and other outside contractors are subject to contractual requirements to ensure that your personal information is safeguarded.

We use appropriate security safeguards

At First Data, security is a priority. We employ appropriate measures to protect personal information against unauthorised access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. We continually review and enhance our security systems as necessary.

Requests for access and accuracy of information

Subject to the provisions of the Privacy Act 1988 (Cth), you may request that we provide you with access to the personal information we hold about you and we will provide you with such access where possible. If you require access to your personal information maintained by First Data, please contact our Client Services group or our Privacy Officer. In the event that we are unwilling to provide you with such access, we will provide you with the reasons for our decision.

Where information is collected by us directly from consumers or sources other than our business customers, we will permit such sources, if possible, to dispute or correct any erroneous, incomplete or out-of-date personal information. Of course, this correction is not possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information.

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of the information we hold depends to a large extent on the information you provide. That’s why we recommend you:

  • let us know if there are any errors in your personal information; and
  • keep us up to date with changes to your personal information such as your name or other details.

You may correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. We reserve the right to independently verify any such claims made.

To protect your privacy and security, we will also take reasonable steps to verify your identity before making corrections, including obtaining proof of identity. In the event that we are unwilling to correct personal information, we will provide you with the reasons for our decision.

Timing

We will take all reasonable steps to provide you with access to the information requested within 14 days of your request. In situations where the request is complicated or requires access to a large volume of information, we will provide access to the information requested within 30 days.

Cross Border

We may share your personal information with the First Data group, our agents and third parties around the world. All entities of the First Data group are bound by the Binding Corporate Rules to satisfy privacy requirements around the world for all First Data entities. We may also use Saas, Cloud computing or other technologies from time to time and your information may be stored outside Australia. Where we disclose your information to an entity overseas, we will comply with the Privacy Act and the Australian Privacy Principles in doing so.

Our web site may be hosted outside of Australia

Our website may be hosted overseas for reasons of uniformity and convenience for the First Data group. All personal information derived from Australia will still be treated as set out in this Privacy Statement while being stored overseas.

Our web site is not directed at children under the age of 18

Our website is not directed at children under the age of 18 and we do not collect or maintain information at our website from those we actually know are under the age of 18.

Our web site may be linked to other web sites

We may create links to third party websites. We are not responsible for the content or privacy practices employed by websites that are linked from our website. If you visit the pages and sites of our affiliated business units, please be sure to review the privacy policies applicable to those sites. First Data’s privacy policies and practices do not apply to these sites. First Data does not guarantee, approve, or endorse any information, material, services, or products contained on these links. First Data is not responsible for any content on sites linked from or to this website. First Data is providing the linked sites as a convenience, and your connection to any linked site is at your own risk. This Privacy Statement applies only to the information we collect on this website.

Complaints

Where there is a dispute about your right of access to information, or about any aspect of this Privacy Statement, please contact us. If we cannot satisfactorily resolve the issue you may lodge a further complaint with the Office of the Information Commissioner.

General

The Privacy Officer for First Data in Australia, working closely with individual business units, is responsible for:

• administering employee privacy training and employee compliance related to the our privacy policies; • conducting periodic assessments of our compliance with our privacy policies, as well as specific implementation policies and procedures; and • ensuring that we actively participate in appropriate privacy activities, including self-regulatory initiatives.

If you have any questions or comments about our online Privacy Statement or if you want to opt out of any direct marketing service or if for some reason believe we have not adhered to our statement, please contact our Privacy Officer. You can also obtain more information on request about the way in which we manage your personal information by contacting our Privacy Officer.

The contact details for our Privacy Officer are:

The Privacy Officer First Data Merchant Solutions Australia Pty Ltd Level 11/168 Walker Street, North Sydney, NSW 2060 Tel: +61 2 9959 7333 Fax: +61 2 9929 7998

As stated above, this Privacy Statement is applicable to all personal information of all individual users located in Australia. It does not apply to company or business information that does not relate to an individual. We may alter this Privacy Statement as needed for certain products and services and to abide by local laws or regulations around the world. We reserve the right to amend or modify this Privacy Statement from time to time. We urge you to review this Privacy Statement whenever you visit in order to obtain the most current Privacy Statement.

 

1.2 INTELLECTUAL PROPERTY

All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type arising at law, including rights in and to all applications and registrations relating to this website (including, but not limited to, all data contained on this website relating to you and your customers ("Data"), information, text, look and feel, material, graphics, software and advertisements) (the "Intellectual Property Rights") shall, as between you and First Data, at all times be and remain the sole and exclusive property of First Data. You assign upon creation all Intellectual Property Rights to First Data.

The First Data name, logo and related trademarks and services marks are owned by First Data Corporation and are registered and/or used in the United States and many foreign countries. Without the prior written permission of the respective trade mark owners, you agree not to display or use in any manner, the First Data trade mark contained in this site.

You acquire no rights or licences in or to the Intellectual Property Rights, this website and materials contained within this website other than the limited right to use this website in accordance with the Terms of Use.

You agree to protect the Intellectual Property Rights of First Data and all others having rights in this website during and after the term of this agreement and to comply with all reasonable written requests made by First Data or its suppliers of content (including Data) ("Content"), equipment or otherwise to protect their and others' contractual, statutory and common law rights in this website.

   

1.3 DISCLAIMER

First Data has made and will continue to make great efforts to include accurate and up-to-date Content on this website. However, First Data makes no warranties or representations, express or implied, as to the accuracy or completeness of the Content contained or referenced therein and all Content provided on this website is provided to you "as is". Any warranties regarding the Content or other services provided, which may be implied by law, statute or otherwise are excluded to the fullest extent permitted by law.

You agree that your use of this website is at your sole risk and acknowledge that this website and anything contained within this website, including, but not limited to, Content, services, goods or advertisements are provided in their then state and condition, subject to all latent and patent defects. First Data excludes all warranties except for all non excludable statutory warranties.

First Data does not warrant that this website is compatible with your equipment or that this website is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that First Data, its suppliers and its third-party agents shall have no responsibility or liability for:

  • any injury or damages, whether caused by the negligence of First Data, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with this website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against First Data by any other party; or
  • any fault, inaccuracy, omission, delay or any other failure in this website caused by your computer equipment.
 

1.4 LINKS TO THIRD PARTY WEB SITES

The content of other websites, services, goods or advertisements that may be linked to this website is not maintained or controlled by First Data. First Data is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, this website.

Where this website contains hyperlinks to websites operated by third parties these linked websites are not under the control of First Data and First Data is not responsible for the contents of any linked website. First Data provides these hyperlinks to you for convenience only, and the inclusion of any link does not imply any endorsement of the linked website by First Data. You link to any such website entirely at your own risk.

First Data does not:

  • make any warranty, express or implied, with respect to the use of the links provided on, or to, this website;
  • guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to this website; or
  • make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to this website.

This website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertiser which you can accept by linking to the third party advertisers and are not recommendations or endorsements by First Data. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party website.

First Data is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access this website.

You understand that First Data and/or third-party contributors to this website may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Use.

 

1.5 LIMITATION OF LIABILITY

Subject to the qualification in Section 64 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the Act) First Data’s liability for any breach of a condition or warranty implied by Schedule 2 Part 2-3 Division 1 of the Act (other than a condition or warranty implied by Section 51-53 inclusive of Schedule 2 of the Act) shall be limited to one of the following (as First Data may determine):

  • in the case of services supplying of the services again; or paying the cost of having the services supplied again; or
  • in the case of goods the replacement of the goods or the supply of equivalent goods; the repair of such goods or the payment of the cost of having the goods repaired; or the payment of replacing the goods or acquiring equivalent goods.

You agree that you use this website at your sole risk. You agree that any Content downloaded by you is done so entirely at your own risk and you shall be solely responsible for the consequences of downloading any such Content.

Under no circumstances, including but not limited to negligence, shall First Data, its suppliers and its third-party agents be liable to you for indirect, incidental, consequential, special, punitive or exemplary damages even if a First Data authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the Terms of Use, such as, but not limited to, loss of revenue or anticipated profits or lost business.

Under no circumstances shall First Data, its suppliers and its third-party agents be liable to you for any damage, cost, loss or expense incurred by you arising out of or in connection with any revisions to the Data executed by you.

Under no circumstances shall First Data be liable to you for any amount (if any) in excess of any fee payable by you for the right to use this website.

 

1.6 INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless First Data and its employees, representatives, suppliers and agents, in Australia and overseas, against any claim, suit, action or other proceeding brought against First Data, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against First Data, its employees, representatives, suppliers and agents is based on or arises in connection with this website, or any links on this website, including, but not limited to:

  • your use or someone using your computer's use of this website;
  • your use or someone using your account, where applicable;
  • a breach of the Terms of Use by you or anyone using your computer (or account, where applicable);
  • a claim that any use of this website by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
  • any revisions, deletions, additions, insertions or alterations to, or any unauthorised use of, this website or the Content (including the Data) by you or someone using your computer (or account, where applicable); or
  • any misrepresentation or breach of representation or warranty made by you contained herein.

1.7 RESTRICTIONS ON USE

You acknowledge and agree that you shall not:

  • use this website for any illegal purpose or in any manner inconsistent with the Terms for Use;
  • copy, reproduce, recompile, decompile, disassemble, reverse engineer, frame, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit this website, except as permitted by the Terms for Use or by applicable law;
  • interfere or disrupt networks connected to this web site;
  • use, transfer, distribute or dispose of information contained in this web site in any manner that would compete with the business of First Data;
  • post any information from this web site to a newsgroup, chat room or discussion board; or
  • use the website or information in a manner that breaches any applicable privacy legislation or First Data's Privacy Statement, without the prior written consent of First Data. Requests for permission to reproduce any information contained on this website should be addressed to First Data using the contact form or contact details available on the www.firstdata.com.au website.

Prohibited Uses

It is prohibited to use any device, software or routine, directly or indirectly, to interfere or attempt to interfere with the proper working of our website/s, any activity being conducted on these sites or to place any undue load or stress upon our systems. We monitor access to the site for data scrapers and automated access of information and we will block processes engaging in these activities.

   

1.8 SUSPENSION OR DISCONTINUATION

First Data may at any time, without liability, suspend or discontinue the operation of this website generally or your access to or operation of this website.

 

1.9 GOVERNING LAW

The Terms for Use shall be governed and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

 

1.10 MISCELLANEOUS

You accept that First Data has the right to change the Content or technical specifications of any aspect of this website at any time at First Data's sole discretion. You further accept that such changes may result in your being unable to access this website. If any provision of the Terms of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force. At the request of First Data, you will execute and deliver to First Data any documents necessary to effect this agreement. The goods and services detailed in this website are available to persons carrying on business in Australia only, unless otherwise expressly agreed by First Data.

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