Last updated: 1 June 2020
1. APPLICATION OF THESE PRODUCT TERMS
1.1 These Product Terms apply if you access our Access Seeker Services and apply to all Access Seeker Reports provided to the Access Seeker.
1.2 These Product Terms should be read with our General Terms & Conditions for the Supply of illion Services available here. To the extent of any inconsistency between these Product Terms & the General Terms & Conditions, these Product Terms will prevail. Capitalised terms used in these Product Terms have the meaning given to them in the General Terms & Conditions or the Privacy Act 1988 (Cth) (Privacy Act), as the context requires.
1.3 You acknowledge our Access Seeker Services are provided by our Related Body Corporate, illion Data Registries Pty Ltd (formerly DBCC Pty Ltd) ACN 101 620 446, a Credit Reporting Body in Australia.
2. YOUR ELIGIBILITY
2.1 You warrant to illion that, at all times, you are an Access Seeker, and, in accordance with section 6L(1)(b) of the Privacy Act, the Services you are requesting are in relation to Credit Reporting Information about an individual (Individual) who:
(a) you are assisting to deal with a Credit Reporting Body or Credit Provider; and
(b) who has authorised you, in writing, to make a request in relation to the Individual’s Credit Reporting Information.
2.2 You warrant to illion you are not a Credit Provider, Trade Insurer, Mortgage Insurer or other person referred to in section 6L(2) of the Privacy Act (each, a Prohibited Entity).
3. YOUR USE OF ACCESS SEEKER REPORTS
3.1 You may use our Access Seeker Services to request an Access Seeker Report. An Access Seeker Report means a product provided by illion to an Access Seeker, and may consist of (where available):
(a) Consumer Credit Report: A report consisting of Credit Reporting Information held about an Individual at the time of the Access Request.
(b) Consumer Score Report: A report consisting of a credit risk score derived from Credit Reporting Information held about an Individual at the time of the Access Request excluding the Information in paragraph (a).
(c) Consumer Credit Report and Score: A report consisting of both the Information in paragraphs (a) and (b).
3.2 You must only use Access Seeker Reports (and information incorporated within Access Seeker Reports) in accordance with, and to the extent permitted by, Privacy Laws and all other applicable law.
3.3 Without limiting clause 3.2, you must only access and use an Access Seeker Report (or any information incorporated within an Access Seeker Report) for the Individual’s own purposes and not for your business purposes. The Individual’s own purposes may include assisting the Individual with obtaining access to Credit Information held by us in connection with:
(a) a past application or proposed application, by the Individual, for credit where Credit Information has been or will be provided by us;
(b) the refusal of credit to the Individual where Credit Information has been or will be provided by us; or
(c) correction of Credit Information about the Individual.
3.4 You must not:
(a) copy, reproduce or disclose to any other person (including your Related Bodies Corporate) (other than the Individual), an Access Seeker Report (or any information incorporated within Access Seeker Report);
(b) transfer an Access Seeker Report (or any information incorporated within Access Seeker Report) outside Australia;
(c) use the Access Seeker Report for any unlawful purpose; or
(d) use the Access Seeker Report for a purpose that is not expressly permitted by the Authorisation, including:
(i) any purpose other than to assist the Individual in dealing with a Credit Reporting Body; or
(ii) any purpose for which a Prohibited Entity would usually use an Access Seeker Report (or any information incorporated within the Access Seeker Report) including the creation of credit scores.
3.5 On our request, you must promptly notify us in writing of all purposes for which you are using (or propose to use) any Access Seeker Report provided by us.
3.6 Where the Individual requires a copy of their Consumer Credit Report, you agree to assist the Individual to obtain a copy of the report by directing them to illion’s public access website: creditcheck.illion.com.au
4. ACCESS REQUESTS
4.1 Subject to the Access Seeker at all times complying with all of its obligations under illion’s T&Cs, within 10 days of the Access Seeker making a request for an Individual’s Access Seeker Report (Access Request), illion will provide the Access Seeker with that Access Seeker Report in the format that illion supplies such data to access seekers from time to time.
4.2 All Access Requests must be made in accordance with illion’s Access Request procedures and must state that the Access Request is made pursuant to illion’s T&Cs.
4.3 The Access Seeker acknowledges that illion will not provide Access Seeker Reports in response to an Access Request made by a Prohibited Entity.
5. IDENTITY VERIFICATION
5.1 Before submitting an Access Request, the Access Seeker must conduct identity verification to confirm the identity of the Individual (to illion’s satisfaction) (Identity Verification Process) by:
(a) requesting illion conduct the Identity Verification Process in accordance with clause 5.3; or
(b) conducting identity verification using third party data sources approved by illion.
5.2 The Identity Verification Process requires collection of the following Identity Variables of the Individual: (a) full name; (b) current residential address; and (c) date of birth.
5.3 The following provisions apply if the Access Seeker requests illion to perform the Identity Verification Process (or, for the avoidance of doubt, if your Fees include illion’s Identity Verification Services):
(a) Upon request from the Access Seeker, illion will conduct the Identity Verification Process once the Access Seeker provides the Identity Variables to illion for that purpose.
(b) The Identity Verification Process will include matching the available Identity Variables according to illion’s matching requirements.
(c) illion will perform the Identity Verification Process to satisfy its own minimum match process. If illion cannot identify an individual because not enough information was provided or because illion cannot match an individual on data sources available it will return Fail ID Flag to the Access Seeker and the request will be unable to be processed for that individual.
(d) If the Identity Verification Process is successful, illion will process the Access Seeker request, returning either the results or an individual not found flag.
(e) If the Access Seeker uses illion’s Identity Verification Services, including greenID, the relevant Product Terms will apply to those Identity Verification Services.
5.4 If illion does not conduct the Identity Verification Process, the following provisions apply:
(a) To the extent permitted by law, the Identity Verification Process must satisfy one of the following verification criteria to successfully verify the identity of the Individual against Reliable and Independent Data Sources:
(i) verify individual name and address from two Reliable and Independent Data Sources;
(ii) verify individual name and date of birth from two Reliable and Independent Data Sources;
(iii) Verify individual name and address from one Reliable and Independent Data Sources and name and date of both from one Reliable and Independent Data Source; or
(iv) Verify individual name and date of birth from one government data source (for example, driver’s license or passport).
(b) Reliable and Independent Data Sources means sources which provide identification information including electronic data sources. The list of sources is not exhaustive but may include:
(i) original primary photographic identification document (i.e. a driver’s licence or permit from Australia or overseas, including a digital driver’s licence, an Australian passport or a government proof of age card issued in Australia); or
(ii) original primary non-photographic identification document (i.e. an Australian birth certificate, birth extract or citizenship certificate or a government issued concession card, a health care card or a pensioner concession card)); or
(iii) original secondary identification document (i.e. this can be a municipal council rates notice or a utilities bill issued in past three months or a notice issued by ATO or other government agency in the past 12 months).
(c) The Access Seeker must:
(i) have a written procedure in place that documents how it implements the Identity Verification Process;
(ii) provide a copy of that written procedure to illion upon request from illion;
(iii) fulfil the requirements of Privacy Laws when under the Identify Verification Process;
(iv) on commencement of accessing the Access Seeker Services and annually thereafter, provide illion with a statement executed by an authorised representative from the Access Seeker that confirms the third party data sources used to verify Individuals’ information in the Access Seeker’s Identity Verification Process (Data Source Confirmation). The Data Source Confirmation must name at least one third party data source used for each Identity Variable, and include at least one government data source as a third-party data source.
5.5 Identity verification must be repeated before submitting an Access Request for an Individual if the Access Seeker becomes aware of a change in any identity variable, or the details of the delivery point of the Access Seeker Report to the Individual (whether email, mail, fax or telephone) changes.
6. AUTHORISATIONS AND ACCESS SEEKER INFORMATION
6.1 If the Access Seeker is not the Individual, the Access Seeker represents and warrants:
(a) the Access Seeker will only make an Access Request in its capacity as an agent of the Individual; and
(b) prior to making an Access Request, the Access Seeker will collect (and when requested, provide illion with evidence of authorisation from the Individual to make an Access Request (Authorisation) from the Individual).
6.2 The Authorisation must expressly authorise the Access Seeker to:
(a) request, on behalf of the Individual, an Access Seeker Report from illion; and
(b) provide any information reasonably requested by illion in relation to the Access Request (and in relation to any request to correct credit information held by illion, if applicable) to illion, which may include, without limitation, the full name, address, date of birth, previous address and driver’s licence number of the Individual.
6.3 The Authorisation must expressly name illion (illion Data Registries Pty. Ltd) as the Credit Reporting Body that the Access Seeker will collect the Access Seeker Report from and (if relevant) disclose consumer credit worthiness information to.
6.4 The Access Seeker must before requesting an Authorisation from an Individual, advise the Individual in writing of the following matters (where “us” or “we” means the Access Seeker, and “you” or “your” means the Individual, as the context requires):
(a) By nominating us as an Access Seeker, we will be using your access rights to consumer credit information which means that you may be charged in the future for information that would have been available for free from credit reporting bodies.
(b) We collect information from illion Data Registries Pty Ltd, a credit reporting body. Further information on how illion collects, holds, uses and discloses your credit information is available from illion.com.au/illion-credit-reporting-policy-australia
(c) To make a change to credit information, you need to say how it is wrong and provide documentation to support your view. You agree to provide the credit reporting body (through us) certified copies of documents or statutory declarations where no other documentation is available (Supporting Documentation). Where we represent you in any required correction of information, you agree that we will provide the Supporting Documentation to the credit reporting body, and we will be responsible for providing the credit reporting body’s response to your correction request to you both truthfully and accurately.
6.5 An example Authorisation is set out in the Appendix to these Product Terms.
6.6 Authorisations and information must be provided to illion in a form consistent with any technical and operational data standards advised by illion to the Access Seeker, as updated or amended from time to time.
6.7 The Access Seeker acknowledges and agrees that illion is under no obligation to comply with an Access Request if an Authorisation, and any additional information reasonably requested by illion, is not provided at the time of the Access Request.
6.8 For the avoidance of doubt, the Access Seeker acknowledges that illion is not required to retain any personal information about an Individual provided to illion by the Access Seeker (Access Seeker Information), including where illion is not able to take such steps (if any) as are, in the circumstances, reasonable to ensure that, the Access Seeker Information is accurate, up to date, complete, relevant and not misleading
7. RECORD OF ACCESS MADE BY ILLION
7.1 The Access Seeker acknowledges and agrees that illion may record in an Individual’s Access Seeker Report, and may disclose to the Access Seekers and Individuals in the course of providing its credit reporting and information services:
(a) the Access Seeker’s name;
(b) the fact that the Access Seeker has accessed the Access Seeker Report;
(c) the date on which the Access Seeker accessed the Access Seeker Report; and
(d) any information provided by the Access Seeker to illion which illion is permitted under the Privacy Laws to include in an Access Seeker Report.
This information will be recorded on the Individual’s Credit Report by illion for the Individual’s information only, for the Individual to know who has accessed their Credit Report. Credit Providers and other organisations are not able to view this information.
8. ASSISTANCE
8.1 Upon request by illion, the Access Seeker must cooperate with illion in the resolution of any disputes, complaints or investigations made by any third party in relation to illion’s provision of services or Access Seeker Reports to the Access Seeker (or the Access Seeker’s use of any Access Seeker Reports or information provided to the Access Seeker by illion). This includes:
(a) obtaining a statutory declaration of any disputed facts, or certified copies of documentation in support of an Individual’s correction request (Supporting Documentation) from the Individual; and
(b) providing Supporting Documentation and responding to illion requests for information truthfully and accurately, and in a timeframe that enables illion to comply with Privacy Laws.
8.2 The Access Seeker acknowledges and agrees:
(a) the access rights that it exercises on behalf of the Individual will affect the rights of the Individual to obtain Access Seeker Reports from illion (specifically including the pricing of those access rights);
(b) once acting for an Individual in respect of an Authorisation, illion will not deal with the Individual but will contact the Access Seeker who will communicate with illion on the Individual’s behalf;
(c) it will provide all illion communications intended for the Individual to the Individual truthfully and accurately, and in a timeframe that enables illion to comply with Privacy Law; and
(d) it will comply with all applicable laws in communications with Individuals and the general public, including laws relating to misleading and deceptive conduct.
8.3 During any period where there is a Ban Period in place (as defined by Privacy Laws), then illion will not return information to the Access Seeker and will only deal with the Individual, and not an Access Seeker to ensure that reasonable steps are taken to ensure that Credit Information is prevented from unauthorised use and disclosure.
9. PRICING OF ACCESS SEEKER REPORT (WHAT ACCESS SEEKER CHARGES INDIVIDUALS)
9.1 Subject to clause 9.2, the Access Seeker is free to set the retail price paid by Individual for illion Access Seeker Report, but the Access Seeker must not charge an Individual more than the illion maximum retail price for providing them with the illion Access Seeker Report. The maximum retail price of illion’s Access Seeker Report is published at creditcheck.illion.com.au (or can be provided by illion from time to time). Nothing in this clause 9.1 restricts the pricing of goods and services not supplied by illion to the Access Seeker.
9.2 The Access Seeker acknowledges that each Individual is entitled by law to one free credit report each year and will make the Individual aware of this entitlement. The Access Seeker warrants to illion that it will not charge the Individual for a credit report obtained under illion T&Cs if the Individual advises the Access Seeker it is the first report obtained in the last 12 month period.
10. SUSPENSION AND TERMINATION
10.1 Without limiting any provision in the General Terms & Conditions, if the Access Seeker breaches, or illion reasonably believe will breach, any applicable law or of its obligations under these Product Terms, illion may, without notice to the Access Seeker, immediately terminate or suspend the Access Seeker Services, the illion T&Cs and cease providing the Access Seeker with Access Seeker Reports.
10.2 illion will not be liable for any claims, losses or damages arising from or related to failure by the Access Seeker to comply with any laws or illion’s T&Cs or related to the termination of illion’s T&Cs under clause 10.1, and the Access Seeker indemnifies and holds illion harmless against any such claims, losses or damages.
10.3 After fulfilment of the Individual’s access or correction of rights in respect of Credit Information, or upon later termination or expiry of the illion T&Cs, the Access Seeker must immediately cease using all Access Seeker Reports (and all other information provided to the Access Seeker by illion) for any purpose, and must promptly delete and destroy (so that it cannot be recovered) all Access Seeker Reports and information previously provided by illion, and upon request by illion provide illion with written certification that it has done so.
APPENDIX – Example Authorisation
The following text may be used for the purposes of the Authorisation (where “us” or “we” means the Access Seeker, and “you” or “your” means the Individual, as the context requires):
(a) “You authorise us, as your agent, to request your credit report, on your behalf, from illion Data Registries Pty Ltd ACN 101 620 446 (illion), a credit reporting body. In order to do so, you authorise us to provide information about you that is reasonably requested by illion, to illion on your behalf. This may include, for example, your full name, address, date of birth, previous address and driver’s licence number.
(b) You authorise illion to hold, use and disclose any information about you that we provide to illion on your behalf, for the purpose of providing its credit reporting and debt collection services (including to other customers). Further information on how illion collects, holds, uses and discloses your credit information is available at illion.com.au/illion-credit-reporting-policy-australia.
(c) If you ask us to request (on your behalf) that illion corrects any credit information that it holds about you, you need identify how the information needs to be corrected and provide documentation to support your view. You must provide illion (through us) certified copies of documents or statutory declarations where no other documentation is available (Supporting Documentation). You authorise us to provide the Supporting Documentation to illion. We will be responsible for providing illion’s response to your request to correct your information to you.
(d) Our request to access your credit report, on your behalf, will be recorded on your credit report for your information only, for you to know who has accessed your credit report. Credit providers and other organisations are not able to view this information.
(e) We will only use your credit information to assist you to access your credit report or to assist you in making a request to illion to correct your information that is held by illion. We will not use your credit information for any other purpose or for the benefit of any other person.”