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Privacy Policy

Your privacy is important to us

Responsibility

NexPay Pty Ltd (ABN: 56 153 910 984) (NexPay) is responsible for all personal information you provide to it and will deal with that information in accordance with the following Privacy Policy.

NexPay will not disclose any of your personal information to a third party, or in a foreign country, unless the recipient is subject to legislation, or a contract, that safeguards your personal information in a manner that is substantially similar to our Privacy Policy.

The Privacy Principles should be read in conjunction with NexPay's Terms of Use.

Purpose

NexPay will collect personal information only for the purpose of providing its services to you or for any purpose that is directly incidental to the provision of those services. In the event that NexPay wishes to use your personal information for any other purpose, it will identify such purpose and obtain your consent before doing so, unless the new purpose is required by law.

NexPay is always willing to explain to you the purposes for which you information is being collected.

Consent

NexPay will seek your consent to the use of your personal information either expressly or impliedly, depending on the circumstances and the type of information collected. For example, NexPay will rely on your implied consent when you give us your name, address, telephone number and other details necessary for us to verify your identity. We will seek your express consent if the information is of a financial nature or concerns your personal credit. Your consent may also be given by an authorised representative or a person having Power of Attorney. You may withdraw your consent at any time, subject to any legal restrictions and subject to any contractual restrictions you have already entered into with us, and provided that you give us reasonable notice in writing. We will explain to you the implications of such withdrawal.

If you are registered with NexPay, we may from time to time send you information that is relevant to the provision of our services. If, at any time, you do not wish to receive that information, you may by sending us an email opt-out and request that you are not included in any future mail-outs.

There may be circumstances in which NexPay is obliged to collect, use, or disclose certain personal information without your consent. Such circumstances include:

  • Unlawful activity has been, is being or may be engaged in;
  • Disclosure is required or authorised by law;
  • NexPay reasonably believes that the use or disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of:
    1. criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
    2. the enforcement of laws relating to the confiscation of the proceeds of crime;
    3. the protection of the public revenue;
    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Limiting Collection and Retention of Information

NexPay collects your personal information in order to provide our products and services to you and satisfy our regulatory obligations under relevant anti-money laundering laws, for example, in Australia the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), rules and other subordinate instruments (AML/CTF Laws).

In order for us to satisfy our regulatory obligations under relevant AML/CFT Laws, for example the obligation that NexPay takes reasonable steps to verify the identity of its clients, NexPay may disclose your personal information to an external party providing electronic identification verification services.

In some circumstances, NexPay may also disclose your personal information to intermediary banks in order to process certain transactions on your behalf, for example, by disclosing your name and address.

The amount and type of information collected by NexPay will be limited to that which is necessary to provide our services.

Personal information shall be retained only for as long as may be necessary for the fulfillment of the purpose for which the information is collected. However, you should be aware that NexPay is obliged under relevant anti-money laundering and counter-terrorism legislation to retain information relating to personal identity for 7 years.

Subject to any legislative requirements, NexPay will destroy, erase, or make anonymous your personal information when it is no longer required to fulfil the purpose for which it has been collected.

If you refuse or fail to provide any requested information, NexPay may not be able to process any transaction(s) for you.

Accuracy

NexPay will make reasonable efforts to ensure that your personal information is sufficiently accurate, complete, and up-to-date to minimise the possibility that inappropriate information may be used to make a decision about you.

NexPay will not routinely update your personal information, unless such a process is necessary to fulfill the purposes for which the information was collected. In accordance with the Terms of Use, you must notify us as soon as possible if any of the information you have provided to us has changed.

Safeguards

NexPay has in place a range of security safeguards to protect your personal information against loss or theft, as well as unauthorised access, disclosure, copying, use, or modification, regardless of the format in which it is held.

The methods of protection may depend on the sensitivity of the information and the format in which it is contained. Security measures employed by NexPay include:

  • Technological measures including SSL 128 bit encryption for all data transfers over the internet;
  • Physical measures such as locked filing cabinets and restricted access to offices; and
  • Other measures such as limiting access to a "need-to-know" basis.

NexPay ensures that its staff is aware of the importance of maintaining the confidentiality of personal information.

Access

NexPay will upon request and within 10 working days of any such request allow you access to your personal information. The requested information shall be provided or made available in a form that is generally understandable.

In circumstances where you point out to NexPay that any information held by us is inaccurate or incomplete, we will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.

There may be circumstances which preclude NexPay from providing access to some or all of your personal information. Those circumstances could be:

  • The information may contain references to other individuals;
  • Legal, investigative, security, or commercial proprietary reasons; or
  • The information is subject to solicitor-client or litigation privilege.

NexPay may be prohibited by law from providing you with access to your personal information. For example, when the disclosure could:

  • Threaten the safety or physical or mental health of an individual other than you;
  • Reasonably be expected to cause immediate or grave harm to your safety;
  • Reveal personal information about another individual; or
  • Contravene another law that prohibits the disclosure.

Cookies

A 'cookie' is a packet of information placed on a user's computer by a website for record keeping purposes. Cookies are generally used on the NexPay site to:

  • Access online services – if you visit a NexPay website and log into our secure areas, we may use cookies to Enable us to authorise your access
  • Traffic monitoring – we may use tracking companies to gather information about how people use the NexPay sites, this information may include time of visit, pages visited, and some system information about the type of computer you are using. We will use this information to enhance the content and services offered on the site.

Cookies may also be used for other purposes on NexPay sites but in each case none of the information collected can be used to personally identify you.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences).

If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites then you may not be able to gain access to all of the content and facilities in this website.

Using this site indicates your acceptance of this Privacy Policy.

Last Updated on: 24 June, 2014