Disclaimer and Privacy Policy

Disclaimer

In no event shall the Customer Owned Banking Code Compliance Committee (the Committee) or any of its affiliates or content providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles arising out of or related to the use, inability to use, unauthorised use, performance or non-performance of this website, even if the Committee has been advised previously of the possibility of such damages and whether such damages arise in the contract, negligence, tort under statue, in equity, at law or otherwise.

All material in the website is true and correct at time of upload to the Internet, but is subject to change without warning. The Committee will endeavor to inform customers of any changes to its services and keep this website up-to-date.

Privacy Statement

The Committee is an independent compliance monitoring body established under part E section 3 of the Customer Owned Banking Code of Practice (the Code) and clause 3 of the Customer Owned Banking Code Compliance Committee Charter (the Charter).

Purpose of the policy

This policy is intended to ensure that the privacy of individuals is protected in the collection, use, disclosure and storage of personal information by the Committee.

The policy

  1. Although the Committee is not an organisation caught by the provisions of the Privacy Act 1998 (Cth) (the Act) and the Australian Privacy Principles (APPs), it has decided to develop a Privacy Policy in relation to the collection, use, disclosure and storage of personal information provided by individuals to the Committee. A copy of the Australian Privacy Principles is available on the website of the Office of the Australian Information Commissioner (OAIC). The OAIC’s website also features guidance on the Australian Privacy Principles.
  2. The Committee will also comply with its obligations related to Privacy and Confidentiality under the 2014 Customer Owned Banking Code of Practice and the Committee’s Charter as they apply to information provided to it by Code Subscribers and parties to the Committee’s investigations. A copy of the 2014 Code and the COBCCC Charter Feb 2014 are available on the Committee’s website.
  3. The Committee will take reasonable steps to ensure that the employees, consultants, independent contractors or agents of the Committee will abide by the obligations under this Policy.

A copy of this Privacy Policy is available on the Committee’s website and will be provided free of charge to anyone who asks for it.

Functions and activities of the Committee

The Australian Privacy Principles require the Committee to include certain information in this Policy. This information is provided below.

In accordance with Australian Privacy Principle 1.4(c), the collection, use and disclosure of personal information by the Committee will be done for the purpose of carrying out its functions and activities. The key functions of the Committee are set out in the Code and the Committee’s Charter and include:

  • investigating and determining allegations from any person that a Code-subscribing customer owned banking institution (institution(s)) has breached the Code
  • monitoring institutions’ compliance with the Code, including initiating its own Inquiries into institutions’ compliance with the Code, and
  • monitoring aspects of the Code referred to the Committee by the Customer Owned Banking Association (COBA).

The Committee will seek the consent of an individual before disclosing that person’s personal information to a third party. In most cases the disclosures will be limited to the relevant institution about which an individual has lodged a Code compliance concern to the Committee.

In accordance with Australian Privacy Principles 6.2 (b) and 8.2(c) we may disclose personal information to government and law enforcement agencies or regulators as required by law.

The Committee may provide information to individuals about the functions, activities and jurisdiction of the Committee and information about other entities that may assist the individual.

Personal information

In accordance with Australian Privacy Principles 1.4(a), the personal information that the Committee may collect and hold about an individual includes:

  • names
  • addresses
  • telephone numbers
  • email addresses
  • dates of birth, and
  • gender.

In accordance with Australian Privacy Principles 1.4(b), the Committee collects personal information in the following ways:

  • by email
  • by written correspondence
  • via an online form published on the Committee’s website
  • by telephone or in person, and
  • fax.

Storage

The personal information of persons who engage with the Committee will be securely stored:

  • in electronic form on the Committee’s computer systems, and
  • as physical document files in locked cabinets.

Anonymity and pseudonymity

In accordance with Australian Privacy Principles 2 and 5.2(e), individuals may choose not to identify themselves, or to use a pseudonym, when dealing with the Committee. However where this occurs the Committee may not be able to carry out some or all of the functions for which personal information is required, including investigating an allegation, where certain personal information has not been provided.

Individuals who contact the Committee by telephone are not required to disclose their identity, but may be asked to provide non-identifying information such as their postcode for statistical purposes.

Overseas recipients

In accordance with Australian Privacy Principles 1.4(f), 1.4(g) and 5.2(i), the Committee is unlikely to disclose personal information to overseas recipients without the permission of the individual unless the disclosure is required by an Australian law or a court/tribunal order.

Contacting the Committee

In accordance with Australian Privacy Principles 1.4(d), any individual who wishes to gain access to personal information held by the Committee about themselves or seek a correction to that information should write to the General Manager of the Committee.

In accordance with Australian Privacy Principle 1.4(e), a complaint about a breach of the Australian Privacy Principles by the Committee can be made to the General Manager who will investigate the complaint and provide a timely response.

The contact details for these purposes are as follows:

General Manager

Customer Owned Banking Code Compliance Committee

PO Box 14240

Melbourne VIC 8001

Telephone: 1800 931 678

Email: info@codecompliance.org.au

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