GBNCo Privacy & Confidentiality Policy
Confidentiality
(a) GBNCo agrees to keep confidential all Confidential Information belonging to the other party.
(b) GBNCo will only use the other party’s Confidential Information for the purpose of performing its obligations or exercising its rights under the Service Agreement (“Purpose”). GBNCo will not use the information for any other purpose unless expressly permitted under these terms.
(c) GBNCo may disclose the other party’s Confidential Information to its officers, employees, agents, Affiliates, and authorised service providers who require access for the Purpose. GBNCo may also disclose such information to its financial institutions and professional advisers, provided that all recipients are bound by confidentiality obligations no less stringent than those set out in these terms.
(d) GBNCo may disclose the other party’s Confidential Information if required by law, court order, a government or regulatory authority, law enforcement agency, or stock exchange listing rules, or where disclosure is necessary or prudent to emergency services. Where legally permissible, GBNCo will provide prompt written notice to the other party and cooperate in good faith with any reasonable steps taken to limit the scope of disclosure.
(e) GBNCo and its Affiliates may use or disclose Customer Confidential Information to investigate suspected fraud, security incidents, or other unlawful behaviour relating to the Services.
(f) GBNCo and its Affiliates may disclose information relating to Customer or Users in response to lawful requests from government or regulatory authorities, law enforcement agencies, or where required to meet legal obligations, or where disclosure is necessary or prudent to emergency services.
(g) GBNCo must take reasonable steps to protect the confidentiality of the other party’s Confidential Information and prevent unauthorised access, use, or disclosure. Such steps must be at least equivalent to those used to protect GBNCo’s own confidential information of similar sensitivity.
(h) GBNCo must notify the other party immediately upon becoming aware of any actual, suspected, or threatened unauthorised disclosure or misuse of Confidential Information, and must cooperate as reasonably required in any investigation.
(i) Upon request, GBNCo must promptly return or, if directed, securely destroy all copies of the requesting party’s Confidential Information in its possession (whether physical or electronic). This obligation does not apply to information GBNCo is legally required to retain, information retained for internal audit purposes, or information stored in automated backup systems, provided GBNCo continues to comply with confidentiality obligations.
(j) The parties acknowledge that monetary damages may be insufficient to remedy a breach of confidentiality. A party may seek injunctive or equitable relief in addition to any other remedies available.
Collection of Information and Privacy
(a) Customer acknowledges that GBNCo, its Affiliates, and authorised service providers may collect, use, store, and disclose information about Customer and Users as described in GBNCo’s Privacy Policy. Such information may be provided by Customer or generated through Customer’s or Users’ use of the Services.
(b) Where Customer provides information about Users to GBNCo, its Affiliates, or service providers, or where such information is collected during provision of the Services, Customer warrants that it has notified Users or obtained consent where required under applicable privacy law. Customer warrants that Users have been informed of, or consented to, the collection, use, storage, and disclosure of their personal information as described in GBNCo’s Privacy Policy.
(c) Where information collected, accessed, or stored by GBNCo, its Affiliates, or service providers includes personal information, each party must comply with its obligations under applicable privacy laws, including the Australian Privacy Principles (APPs) and the Notifiable Data Breaches (NDB) scheme.
(d) Customer acknowledges and agrees that GBNCo may transfer, access, store, or host Customer data (including Users’ personal information) outside Australia when supplying the Services or related support services. GBNCo will ensure that any overseas storage or processing complies with applicable privacy laws and maintains appropriate security safeguards.