For information about making a complaint about the outcome of a mistaken internet payment report or how we have dealt with it, please see clause 6 Complaints in Part B of this booklet.
Our obligations if we are notified about a mistaken internet payment by another ADI
If NAB is notified by a Sending ADI that funds have been credited to your account as the result of a mistaken internet payment by its customer, NAB will act in accordance with the obligations of the Receiving ADI described in 25A.2 including the obligations to return funds in your account to the Sending ADI where applicable.
26.1 NAB's standard fees relating to the service, including the use of the service, are payable by you in accordance with clauses 26.2 to 26.4.
26.2 NAB may debit your billing account with its standard fees relating to the service or use of service which are detailed in the 'A guide to fees and charges – personal banking fees'.
26.3 if there are insufficient funds in your billing account, NAB will debit relevant fees or charges to the relevant account even if that causes the relevant account to become overdrawn or NAB may require you to pay the fees in any other manner NAB determines.
26.4 if you close your billing account, NAB will automatically select another account to which fees and charges relating to the service may be debited. If no account satisfactory to NAB exists, NAB may immediately cancel the availability of the service to you until such time that you open an account satisfactory to NAB or NAB may require you to pay the fees in any other manner NAB determines.
NAB Telephone banking service
27 Use of the service
27.1 NAB Telephone Banking is automatically available to you if you are designated by NAB as a 'personal customer'. It is available on application if you are designated by NAB as a 'business customer'.
27.2 NAB will provide you with a NAB ID and a temporary password, which will be valid for 28 days from the date of issue automatically for a 'personal customer' and on acceptance of your application for NAB Telephone Banking for a 'business customer'.
28 User responsibilities relating to NAB Telephone banking
28.1 A user may change a password by using the service. NAB reserves the right, at any time without notice, to cancel access to the service by a user and to cancel a NAB ID or a password.
28.2 The service may be used only with a correct NAB ID and password. You must ensure that you and all authorised users of the service:
- choose a new password whenever you are required to do so by NAB;
- keep the password secret and do not write it down anywhere; and
- take care to prevent the unauthorised use of the password.
28.3 If a password becomes known to any unauthorised person, the user must notify NAB immediately. NAB will cancel the password and give you a new one. If a user considers there has been any error in relation to the use of a password, you must let NAB know immediately.
28.4 NAB may allow access to an account by any person using a NAB ID and password correctly.
29 Liability for unauthorised transactions for personal EFT transactions
In respect of unauthorised transactions for personal EFT transactions, your liabilities are governed by clause 23.
Instructions to NAB
30 Subject to clause 13:
(a) an instruction to NAB by a user cannot be stopped once it is received by NAB;
(b) where reasonably necessary for its business purposes NAB need not act on or may delay acting on any such instruction;
(c) an instruction may be processed at the option of NAB on the next banking day after the instruction is given;
(d) the accuracy of information about an account a user obtains through the relevant service is subject to checking by NAB as part of its normal procedures, and reflects the entries that have been posted to the relevant account at the time the information is obtained; and
(e) NAB is not responsible for any breakdown or interruption to the relevant service.
In the absence of a breach of obligation owed to you, NAB is not liable for any loss or damage caused directly or indirectly to a user as a result of NAB's failure to act or delay in acting on any instruction given to it by a user.
31 Recording of telephone calls
NAB may arrange for all telephone calls to the service to be recorded for training and quality control purposes.
You must pay to NAB its standard fees relating to the service, including the use of the service which are detailed in 'A guide to fees and charges – personal banking fees'. Fees will be debited to an account selected by NAB.
33 Bpay Payments terms and conditions (excluding Osko)
33.1 Bpay Scheme
NAB is a member of the Bpay Scheme. The Bpay Scheme is:
a) an electronic payments scheme through which a user with Bpay access, can request NAB to make payments (Bpay Payments) to participating organisations (‘billers’) who tell you that you can make payments to them through the Bpay Scheme (Bpay Payments);
b) a scheme through which you can receive or access bills or statements electronically (Bpay View) from participating billers nominated by;
(i) receiving an email sent to you whenever a bill or statement is received by us which
(ii) directs you to link to the service via nab.com.au; or
(iii) accessing the service via nab.com.au
NAB will tell you if NAB is no longer a member of the Bpay Scheme.
When a user tells NAB to make a Bpay Payment, the user must give NAB the required information specified in clause 33.4. NAB will then debit the specified account with the amount of that Bpay Payment.
33.2 How to use the Bpay Scheme
(a) A Bpay Payment can be made from any account provided:
(i) NAB will allow transfers from the account;
(ii) there are sufficient funds or credit available in the account to meet the value of the Bpay Payment; and
(iii) the relevant biller agrees to accept the account.
(b) When a credit card is used to pay a bill through the Bpay Scheme, NAB treats that payment as a credit card purchase transaction.
(c) You acknowledge that the receipt by a biller of any mistaken or erroneous payment does not or will not constitute under any circumstances part or whole satisfaction of any underlying debt owed between the user and that biller.
33.3 Valid payment direction
Bpay Payment instructions will be valid if, when the instruction is given to NAB, the NAB ID and password is used correctly.
33.4 Information you must give NAB
To instruct NAB to make a Bpay Payment, a user must:
(a) enter the correct NAB ID and password;
(b) enter and select the appropriate biller code;
(c) select the appropriate ‘from’ account;
(d) enter the customer reference number;
(e) enter the amount to be paid; and
(f) confirm the details entered (if correct).
NAB shall not be obliged to effect a Bpay Payment if NAB is not given all of the above information or if any of the information given to NAB is inaccurate.
(a) NAB will not accept your instructions to stop a Bpay Payment once instructed to make that Bpay Payment.
(b) A user should notify NAB immediately if the user becomes aware of making a mistake (except for errors relating to payment amount, which should be notified to the biller) when instructing NAB to make a Bpay Payment, or if the user did not authorise a Bpay Payment made from your account.
(c) Subject to clause 33.8, billers who participate in the Bpay Scheme have agreed that a Bpay Payment you make will be treated as received by the biller to whom it is directed:
(i) on the date that Bpay Payment is made, if NAB is told to make the Bpay Payment before NAB’s cut- off time for Bpay Payments on a banking day; or
(ii) on the next banking day, if NAB is told to make a Bpay Payment after NAB’s cut-off time for Bpay Payments on a banking day, or on a non-banking day.
(d) A delay might occur in the processing of a Bpay Payment where:
(i) there is a public or bank holiday on the day after NAB is told to make a Bpay Payment;
(ii) NAB is told to make a Bpay Payment either on a day which is not a banking day or after NAB’s cut-off time for Bpay Payments on a banking day;
(iii) another financial institution participating in the Bpay Scheme does not comply with its obligations under the Bpay Scheme; or
(iv) a biller fails to comply with its obligations under the Bpay Scheme.
(e) While it is expected that any delay in processing for any reason set out in clause 33.5(d) will not continue for more than one banking day, any such delay may continue for a longer period.
(f) A user must be careful to ensure that NAB is told the correct amount to be paid.
If a user instructs NAB to make a Bpay Payment and a user later discovers that:
(i) the amount NAB was told to pay was greater than the amount needed to be paid, you must contact the biller to obtain a refund of the excess.
(ii) the amount NAB is told to pay was less than the amount needed to be paid, you can make another Bpay Payment for the difference between the amount actually paid to a biller and the amount needed to be paid.
33.6 Liability for mistaken payments, unauthorised transactions and fraud
(a) If under this clause you are liable for an unauthorised or fraudulent payment as a result of a Bpay billing error and the ePayments Code applies, then your liability is limited to the lesser of:
(i) the amount of that unauthorised or fraudulent payment; and
(ii) the limit (if any) of your liability set out in clause 13 of these Terms and Conditions.
If (ii) applies, then NAB will be liable to you for the difference between the amount for which you are liable and the amount of the unauthorised or fraudulent payment.
(b) NAB will attempt to make sure that Bpay Payments are processed promptly by the participants in the Bpay Scheme. A user must tell NAB promptly if the user:
(i) becomes aware of any delays or mistakes in processing Bpay Payments;
(ii) did not authorise a Bpay Payment that has been made from your account; or
(iii) thinks that you have been fraudulently induced to make a Bpay Payment. NAB will attempt to rectify any such matters in relation to your Bpay Payments in the way described in this clause. However, except as set out in clauses 33.6, and 13 to 14, NAB will not be liable for any loss or damage (including consequential loss or damage) a user suffers as a result of using the Bpay Scheme.
The longer the delay between when you tell NAB of the error and the date of your Bpay Payment, the more difficult it may be to perform the error correction. If this is the case, you will need to demonstrate that an error has occurred, based on your own records, or liaise directly with the biller to correct the error.
(c) If a Bpay Payment is made to a person or for an amount which is not in accordance with your instructions (if any), and your account was debited for the amount of that payment, NAB will credit that amount to your account. However, if a user was responsible for a mistake resulting in that payment and NAB cannot recover within 20 banking days of NAB attempting to do so the amount of that payment from the person who received it, you must pay NAB that amount.
(d) If a Bpay Payment is made in accordance with a payment direction which appeared to NAB to be from you or on your behalf but for which you did not give authority, NAB will credit your account with the amount of that unauthorised payment.
However, you must pay NAB the amount of that unauthorised payment if:
(i) NAB cannot recover within 20 banking days of NAB attempting to do so that amount from the person who received it; and
(ii) the payment was made as a result of a payment direction which did not comply with NAB’s prescribed security procedures for such payment directions.
If NAB is able to recover part of the amount of that payment from the person who received it, you must only pay NAB the amount of that payment that was not able to be recovered.
(e) If a Bpay Payment is induced by the fraud of a person involved in the Bpay Scheme, then that person should refund you the amount of the fraud-induced payment. However, if that person does not refund you the amount of the fraud-induced payment, you must bear the loss (including any consequential loss) unless some other person involved in the Bpay Scheme knew of the fraud or would have detected it with reasonable diligence, in which case that person must refund you the amount of the fraud-induced payment that is not refunded to you by the person that induced the fraud.
(f) If a Bpay Payment made by a user falls within the type described in clauses 33.6(c) or 33.6(d) and the payment also falls within the type described in clause 33.6(e) then NAB will apply the principles stated in clause 33.6(e).
(i) Except where a Bpay Payment is a mistaken payment referred to in clause 33.6(c), an unauthorised payment referred to in 33.6(d), or a fraudulent payment referred to in 33.6(e), Bpay Payments are irrevocable. No refunds will be provided through the Bpay Scheme where a user has a dispute with the biller about any goods or services a user may have agreed to acquire from the biller. Any dispute must be resolved with the biller.
Even where a Bpay Payment has been made using a credit card or a charge card no ‘chargeback’ rights will be available under the Bpay Scheme.
(g) You indemnify NAB against any loss or damage NAB may suffer due to any claim, demand or action of any kind brought against NAB arising directly or indirectly because a user acted negligently or fraudulently in connection with this agreement.
NAB may suspend your right to participate in the Bpay Scheme at any time including your use of Bpay View. Examples of where we may do this include where your account is inactive and where NAB believes on reasonable grounds that your continued participation in the Bpay scheme may cause loss to NAB or to you. These examples are for guidance only and do not prevent NAB from suspending access for any other reason.
33.8 Bpay payment cut-off times
There are cut-off times and processing times for biller payments.
(a) NAB Telephone Banking cut-off times 6.30pm Australian Eastern Standard Time or Australian Eastern Standard Summer Time in Sydney (whichever is applicable).
(b) NAB Internet Banking cut-off times Please refer to the FAQs section at nab.com.au for further details. However, the payment may take longer to be credited to a biller if you tell NAB to make a payment on a Saturday, Sunday or a public holiday or if another participant in the Bpay Scheme does not process a Bpay Payment as soon as they receive its details.
33.9 When a biller cannot process a payment
If NAB is advised that a payment cannot be processed by a biller, NAB will:
(a) advise you of this;
(b) credit your account with the amount of the Bpay Payment; and
(c) take all reasonable steps to assist in making the Bpay Payment as quickly as possible.
33.10 Account records
You should check your account records carefully, and promptly report to NAB as soon as you become aware of any Bpay Payments that you think are errors or are Bpay Payments that you did not authorise or you think were made by someone else without your permission.
NAB is not liable for loss suffered by a user where:
(a) there is no breach of a legal duty of care owed to you by NAB or by any of its employees or agents; or
(b) such loss or damage is not reasonably foreseeable result of any such breach. NAB will not be responsible for any loss or damage resulting from a breach by you of any term of these terms and conditions.
34 Bpay View – only applicable to NAB Internet Banking
34.1 What you need to do to use Bpay View
You need to register in order to use Bpay View on nab.com.au.
Register by logging into the service at nab.com.au and selecting to register for Bpay View.
34.2 Registering with Bpay View
If you register for Bpay View, you agree:
(a) to NAB disclosing to billers nominated by you:
(i) such of your personal information (for example your name, email address and the fact you are our customer) as is necessary to enable the billers to verify that you can receive bills and statements electronically using Bpay View (or telling them if you cease to do so); and
(ii) that an event in clause 34.3(b) (c), (d), (e) or (f) has occurred;
(b) to NAB or a biller (as appropriate) collecting data about whether you access your emails, our service and any link to a bill or statement;
(c) to receive bills and statements electronically and agree that this satisfies the legal obligations (if any) of a biller to give you bills and statements. For the purposes of clause 34.2 NAB are the agent for each biller nominated by you under (a) above.
You can deregister a biller at anytime and the biller will be removed from your list of billers. The de-registration is effective immediately.
34.3 Bills – paper and electronic
You may receive paper bills and statements from a biller instead of electronic bills and statements:
(a) at your request to a biller (a fee may be charged by the applicable biller for supplying the paper bill or statement to you if you ask for this in addition to an electronic form);
(b) if you or a biller deregister from Bpay View;
(c) if NAB receive notification that your email mailbox is full, so that you cannot receive any email notification of a bill or statement;
(d) if your email address is incorrect or cannot be found and your email is returned to NAB undelivered;
(e) if NAB are aware that you are unable to access your email or our service or a link to a bill or statement for any reason;
(f) if any function necessary to facilitate Bpay View malfunctions or is not available for an extended period.
NAB accepts no liability to provide you with a paper bill or statement in any of these circumstances unless NAB is the biller.
34.4 Notice of bills or statements
You agree that when using Bpay View:
(a) if you receive an email notifying you that you have a bill or statement, then that bill or statement is received by you:
(i) when you receive confirmation that your server has received the email notification, whether or not you choose to access your email; and
(ii) at the email address nominated by you;
(b) if you receive notification on the service without an email then the bill or statement is received by you:
(i) when a notification is posted on the service, whether or not you choose to access the service; and
(ii) on the service;
(c) bills and statements delivered to you, unless deleted by you, remain accessible through the service for the period determined by the biller up to a maximum of 18 months after which time they will be deleted, whether paid or not;
(d) you will contact the biller if you have any queries in relation to bills or statements.
34.5 What you must do
(a) check your emails or the service at least weekly;
(b) tell NAB if your contact details including email address change;
(c) tell NAB if you are unable to access your email or the service or a link to a bill or statement for any reason; and
(d) ensure your mailbox can receive notifications (eg. it has sufficient storage space available).
Unless expressly provided for in these terms and conditions NAB is not responsible for arranging for or ensuring that any biller you nominate will make bills and statements available to you. If you fail to receive bills and statements from a biller or the bill or statement is not available to be viewed using Bpay View you should contact the applicable biller to obtain a paper bill or statement.
34.6 Biller consent
If you tell NAB that a Bpay Payment made from your account is unauthorised, you must first give NAB your written consent addressed to the biller who received the Bpay Payment, consenting to NAB obtaining from the biller information about your account with that biller or the Bpay Payment. If you do not give NAB that consent, the biller may not be permitted under law to disclose to NAB the information NAB needs to investigate or rectify that Bpay Payment.
34.7 Bpay View billing errors
For the purposes of clause 34.7, a Bpay View billing error means any of the following:
(a) if you successfully registered with Bpay View:
• failure to give you a bill (other than because you failed to view an available bill);
• failure to give you a bill on time (other than because you failed to view an available bill on time);
• giving a bill to the wrong person;
• giving a bill with incorrect details.
(b) if your Bpay View deregistration has failed for any reason:
• giving you a bill if you have unsuccessfully attempted to deregister.
34.8 If a billing error occurs:
(a) you must immediately, upon becoming aware of the billing error, take all reasonable steps to minimise any loss or damage caused by the billing error,nincluding contacting the applicable biller and obtaining a correct copy of the bill; and
(b) the party who caused the error is responsible for correcting it and paying any charges or interest which would ordinarily be payable to the applicable biller due to any consequential late payment and as a result of the billing error.
34.9 For the purposes of clauses 34.7 to 34.9, you are responsible for a billing error if the billing error occurs as a result of an act or omission by you or the malfunction, failure or incompatibility of computer equipment you are using at any time to participate in Bpay View.
35 Privacy and Bpay
35.1 In addition to clause 34.2, if you register to use the Bpay Scheme, you:
(a) agree to NAB disclosing to billers nominated by you and if necessary the entity operating the Bpay Scheme (Bpay Pty Ltd) or any other participant in the Bpay Scheme and any agent appointed by any of them including Cardlink Services Limited, that provides the electronic systems needed to implement the Bpay Scheme:
(i) such of your personal information as is necessary to facilitate your registration for or use of the Bpay Scheme;
(ii) such of your transactional information as is necessary to process your Bpay Payments and your use of Bpay View. Your Bpay Payments information will be disclosed to Bpay Pty Ltd, through its agent, the billers financial institution and your information necessary to process your use of Bpay View will be disclosed by Bpay Pty Ltd through its agent, to the biller; and
(iii) that an event in clause 34.3 (b), (c), (d), (e) or (f) has occurred.
35.2 You must notify NAB, if any of your personal information changes and you consent to NAB disclosing your updated information to all other participants in the Bpay Scheme referred to in clause 35.1 as necessary.
35.5 If your personal information detailed above is not disclosed to Bpay Pty Ltd or its agent, it will not be possible to process your requested Bpay Payment or use of Bpay View. To contact Bpay Pty Ltd please telephone (02) 9646 9222 or email email@example.com
Definitions and Interpretation
Parts A and B
The following definitions apply throughout the terms and conditions set out in each Part of this booklet, unless otherwise stated. Also other words used in Parts A and B have the meaning as defined in other Parts of this booklet.
Meaning of words
'account' means your term deposit account issued by NAB.
'accountholder' means a person who has an account in their own name or, if in joint names, in respect of which NAB may act on the instructions of any one or more of them.
'Banking Code of Practice' or 'Code' mean the Banking Code of Practice, but before 1 July 2019 refer to the Code of Banking Practice (2013 version)
'banking day' means a day other than a Saturday, Sunday or a day gazetted as a public holiday throughout Australia.
‘Bpay Scheme’ means the scheme operated by Bpay which governs the way in which we provide Osko to you.
'business day' means a day other than a Saturday or Sunday, or a public, special or bank holiday in the State or Territory where the product is opened.
'calendar day' means any day of the week, including Saturday or Sunday, and public, special or bank holidays in the State or Territory where the product is opened.
‘commencement date’ means the date NAB opens your account and issues an account number to you
'exceptional circumstances declared areas' are areas covered by an exceptional circumstances declaration made by the Minister of Agriculture, Fisheries and Forestry.
To find out whether your area has been declared to be in exceptional circumstances, visit the Australian Government Department of Agriculture, Fisheries and Forestry website at www.daff.gov.au/droughtassist
‘Misdirected Payment’ means an NPP Payment erroneously credited to the wrong account because of an error in relation to the recording of the PayID or Linked Account information in the PayID service.
'NAB' means National Australia Bank Limited ABN 12 004 044 937 and its successors and assigns.
'NAB Connect Channel' means NAB's communications and file transfer facility that provides you with the ability to connect remotely to NAB.
'NAB Connect Terms and Conditions' means the terms and conditions that apply to your use of the NAB Connect Channel.
'NAB Group' means National Australia Bank Limited ABN 12 004 044 937 and its subsidiaries and related entities.
‘NPP’ means the New Payments Platform.
‘NPP Payments’ means payments cleared and settled via the NPP, and includes Osko Payments.
‘Osko’ means the Osko Payment service provided by Bpay.
‘Osko Payment’ means a payment made by or on behalf of a payer to a payee using Osko.
‘Organisation ID’ means an identifier for a customer that is a business customer or organisation, constructed in accordance with specified rules.
‘PayID’ means any of the following, which can be linked to a financial account for the purpose of directing NPP Payments or instructions to that account:
(a) telephone number or email address;
(b) for business customers, their ABN, ACN, ARBN or ARSN or an Organisation ID; or
(c) any other type of identifier as permitted by NPP and supported by us.
‘PayID Name’ means the name registered with a PayID, intended to help identify the owner of the PayID in the PayID service.
‘PayID service’ means the payment addressing service for sending and receiving NPP Payments.
'person' includes an individual, a firm, a body corporate, an unincorporated association or an authority.
'primary producer' has the same meaning as in the Income Assessment Act 1997 (Cth).
'primary production business' has the same meaning as in the Income Tax Assessment Act 1997 (Cth).
'service' means the service NAB makes available through the Internet to enable the electronic receipt and transmission of information in relation to the term deposit, including by email and NAB's website at nab.com.au
'you/your' means the accountholder(s) who opens the account and if there is more than one, you means each of them separately and every two or more of them jointly. You includes your successors and assigns and in relation to your rights to operate the account, any other authorised signatory to the account acting within his or her authority.
Unless defined in these terms and conditions, capitalised terms in these terms and conditions have the same meaning as they do in the NAB Connect Terms and Conditions.
Reference to Product Disclosure Statement (PDS) in ancillary documents – where the context requires a reference to a Product Disclosure Statement or a PDS for the NAB Term Deposit Products in any brochure, letter, application form or other document issued by NAB shall be construed as a reference to these terms and conditions.
Meaning of words
The following definitions apply to Part C only. Other words used in Part C have the meaning as defined in other Parts of this booklet.
'account' means if you are designated by NAB as a 'personal customer', each account you have which NAB has determined is accessible by the service and, if you are designated by NAB as a 'business customer', each account which you have nominated in your application for the service as varied by you from time to time.
'authentication service' means a device and/or mechanism issued by NAB designed for secure user authentication to access the service.
'authorised user' means a person who has been authorised under clause 12 to access or operate an account through the service.
'business account' means an account that is designed primarily for use by a business and established primarily for business purposes.
'business EFT transaction' means the part of an electronic funds transfer which is the debiting of value from or crediting of value to a business account.
'cut-off time' in respect of a banking day means, for the purposes of payments or any other purpose under the terms and conditions in this Part C, the time by which the instruction relating to that purpose must be completed for NAB Internet Banking cut-off times. Refer to the FAQs section at nab.com.au
'electronic equipment' means any electronic equipment which may be used in conjunction with a card or card account details including but not limited to ATMs, EFTPOS terminals, contactless readers, personal computers, telephones, wearable devices or devices with integrated virtual assistants to carry out an EFT transaction.
To clarify, a PIN may not always be required as part of the authentication method when making purchases/payments via digital wallets (eg. on a mobile phone or wearable device) and/or through devices with integrated virtual assistants.
Alternative authentication methods like a device code or biometric identifier (like fingerprint, voice and facial recognition) may be required in place of a PIN.
'Electronic Transactions act' – means the Electronic Transaction Act 1999(Cth) and each analogous State and Territory enactment.
'ePayments Code' means the ePayments Code issued by the Australian Securities and Investments Commission and subscribed to by NAB on 20 March 2013.
'FAQs' means the list of Frequently Asked Questions set out in nab.com.au
'NAB ID' means a NAB Identification Number issued by NAB.
'password' means the password authorised by NAB for you or an authorised user to use to access the service.
'personal EFT transaction' means an electronic funds transfer to or from accounts using the service which is not a business EFT transaction.
'service' means the service NAB makes available through the Internet and the telephone to enable the receipt and transmission of information (including electronic receipt and transmission of information in relation to an account.
'unauthorised transaction' means any personal EFT transaction where you or an authorised user claim that you or an authorised user did not engage in or have knowledge of or consent to the personal EFT transaction even though your NAB ID and/or password or (if relevant) the authorised user's NAB ID and password were used to generate the disputed transaction.
'user authentication' means the authentication service made available by NAB to a user when using the service to make certain payments.
'user' means you or an authorised user or either of these, as the context requires.
'you/your' means an accountholder who has received the terms and conditions set out in this booklet and otherwise you means an accountholder who has accepted the terms and conditions in Part C.
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How we collect information from you
We’ll collect your personal information from you directly whenever we can, for example when you fill out a form with us, when you’ve given us a call, used our websites (including via cookies) or mobile applications or dropped into one of our branches. (See our Cookies Policy for more information). Sometimes we collect your personal information from third parties. You may not be aware that we have done so. If we collect information that can be used to identify you, we will take reasonable steps to notify you of that collection.
How we collect your information from other sources
Sometimes we collect information about you from other sources. We may collect information about you that is publicly available (for example from public registers or social media), or made available by third parties. We do this where:
- we distribute or arrange products on behalf of others, including our business partners;
- we can’t get hold of you and need to update your contact details;
- we need information from third parties about an application you make through us;
- we need information for fraud prevention purposes;
- we are checking the security you are offering;
- we can learn insight about your financial needs, such as through property information;
- you have consented to third parties sharing it with us, such as organisations we have loyalty programs with or we sponsor;
- at your request, we exchange information with your legal or financial advisers or other representatives.
We may use or disclose information about you in order to combine the information that we hold with information collected from or held by external sources.
When the law authorises or requires us to collect information
We may collect information about you because we are required or authorised by law to collect it. There are laws that affect financial institutions, including company and tax law, which require us to collect personal information. For example, we require personal information to verify your identity under Commonwealth Anti-Money Laundering law.
NAB believes that by applying for this account, you're not a US citizen or tax resident. If you are a US citizen or tax resident, you'll need to advise NAB by calling 1300 550 316 between 9am and 5pm (AEST/ADST) Monday to Friday.
How we use your information
We use your information to provide you with the product or service you asked for, and for other purposes including:
- giving you information about a product or service including financial help, guidance and advice;
- considering whether you are eligible for a product or service, including identifying or verifying you or your authority to act on behalf of a customer;
- processing your application and providing you with a product or service;
- administering the product or service we provide you, which includes answering your requests and complaints, varying products and services, conducting market research, and managing our relevant product portfolios;
- telling you about other products or services that may be of interest to you, or running competitions and other promotions (this can be via email, telephone, SMS, iM, mail, or any other electronic means including via social networking forums), unless you tell us not to;
- identifying opportunities to improve our service to you and improving our service to you;
- determining whether a beneficiary will be paid a benefit;
- assisting in arrangements with other organisations (such as loyalty program partners) in relation to a product or service we make available to you;
- allowing us to run our business and perform administrative and operational tasks (such as training staff, risk management; developing and marketing products and services, undertaking planning, research and statistical analysis; and systems development and testing)
- preventing or investigating any fraud or crime, or any suspected fraud or crime;
- as required by law, regulation or codes binding us; and
- for any purpose for which you have given your consent.
You can let us know at any time if you no longer wish to receive direct marketing offers from the Group. We will process your request as soon as practicable. Where you have subscribed to something specific (like to hear from one of our sponsored organisations) then these subscriptions will be managed separately. If you no longer wish to receive these emails click the unsubscribe link included in the footer of our emails.
How we use your credit information
In addition to the ways for using personal information mentioned above, we may also use your credit information to:
- enable a mortgage insurer or title insurer to assess the risk of providing insurance to us or to address our contractual arrangements with the insurer;
- assess whether to accept a guarantor or the risk of a guarantor being unable to meet their obligations;
- consider hardship requests; and
- assess whether to securitise loans and to arrange the securitising of loans.
What happens if you don’t provide your information to us?
If you don’t provide your information to us, we may not be able to:
- provide you with the product or service you want;
- manage or administer your product or service;
- personalise your experience with us;
- verify your identity or protect against fraud; or
- let you know about other products or services from our Group that might better meet your financial, e-commerce and lifestyle needs.
Sharing your information
We may share your information with other organisations for any purposes for which we use your information.
Sharing with the Group
We may share your personal information with other Group members. This could depend on the product or service you have applied for and the Group member you are dealing with. Where appropriate we integrate the information we hold across the Group to provide us with a complete understanding of you and your needs, including giving you access to the Group or related products you hold via Internet Banking.
Sharing with MLC Limited
NAB acts for MLC Limited ABN 90 000 000 402 (described as MLC Life Insurance) in distributing their life insurance products. MLC Limited is no longer part of the NAB Group of companies. We may exchange personal information with MLC Limited or their service providers in order to administer and manage your life insurance products that are issued by them. We may also need to share information so as to ensure:
- your insurance premium is calculated correctly (balance information may be required to be shared so your insurance can be calculated) and where authorised, make payments on your behalf to MLC Limited;
- insurance claims and benefits are paid;
- NAB and MLC Limited can both tell you about our respective marketing and products offers (including ensuring customers who hold MLC Limited products are excluded from NAB Group campaigns marketing MLC Limited products);
- a smooth customer experience when you contact us, including:
- we can transfer you to the right service centre;
- where appropriate, NAB and MLC Limited can cooperate in order to handle your complaint;
- being able to provide assistance should you wish to speak about your MLC Limited products held (for example, where possible, we may assist by updating contact details on request).
Sharing at your request
We may need to share your personal information with your representative or any person acting on your behalf (for example, financial advisers, lawyers, settlement agents, accountants, executors, administrators, trustees, guardians, brokers or auditors) and your referee such as your employer (to confirm details about you).
Sharing with Credit Reporting bodies
When we’re checking your credit worthiness and at other times, we might share information about you with credit reporting bodies. When we give your information to a credit reporting body, it may be included in reports that the credit reporting body gives other organisations (such as other lenders) to help them assess your credit worthiness.
Some of the information that we give to credit reporting bodies may reflect adversely on your credit worthiness, for example, if you fail to make payments or if you commit a serious credit infringement (like obtaining credit by fraud). That sort of information may affect your ability to get credit from other lenders.
With your consent, personal information may also be shared with credit reporting bodies or other approved third parties who are authorised to assess the validity of identification information. These checks help us verify whether your identity is real and are not a credit check.
Sharing with third parties
We may disclose your personal information to third parties outside of the Group, including:
- those involved in providing, managing or administering your product or service;
- authorised representatives of the NAB Group who sell products or services on our behalf;
- credit reporting bodies or other approved third parties who are authorised to assess the validity of identification information;
- insurance, investment, superannuation and managed funds organisations, and their advisers and service provider;
- medical professionals, medical facilities or health authorities who verify any health information you may provide;
- real estate agents, valuers and insurers (including lenders’ mortgage insurers and title insurers) , re-insurers, claim assessors and investigators;
- brokers or referrers who refer your application or business to us;
- other financial institutions, such as banks, as well as guarantors and prospective guarantors of your facility;
- organisations involved in debt collecting, including purchasers of debt;
- fraud reporting agencies (including organisations that assist with fraud investigations and organisations established to identify, investigate and/or prevent any fraud, suspected fraud, crime, suspected crime, or misconduct of a serious nature);
- organisations involved in surveying or registering a security property or which otherwise have an interest in such property;
- organisations we sponsor and loyalty program partners, including organisations the NAB Group has an arrangement with to jointly offer products or has an alliance with to share information for marketing purposes;
- companies we arrange or distribute products for, such as insurance products;
- rating agencies to the extent necessary to allow the rating agency to rate particular investments;
- any party involved in securitising your facility, including the Reserve Bank of Australia (sometimes this information is de-identified), re-insurers and underwriters, loan servicers, trust managers, trustees and security trustees;
- service providers that maintain, review and develop our business systems, procedures and technology infrastructure, including testing or upgrading our computer systems;
- payments systems organisations including merchants, payment organisations and organisations that produce cards, cheque books or statements for us;
- our joint venture partners that conduct business with us;
- organisations involved in a corporate re-organisation or transfer of NAB Group assets or business;
- organisations that assist with our product planning, analytics, research and development;
- mailing houses and telemarketing agencies and media organisations who assist us to communicate with you, including media or social networking sites;
- other organisations involved in our normal business practices, including our agents and contractors, as well as our accountants, auditors or lawyers and other external advisers (e.g. consultants and any independent customer advocates);
- government or regulatory bodies (including the Australian Securities and Investment Commission and the Australian Tax Office) as required or authorised by law (in some instances these bodies may share it with relevant foreign authorities); and
- where you’ve given your consent or at your request, including to your representatives, or advisors.
Sharing outside of Australia
We run our business in Australia and overseas. We may need to share some of your information (including credit information) with organisations outside Australia. Sometimes, we may need to ask you before this happens. You can view a list of the countries in which those overseas organisations are located.
We may store your information in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries via an internet connection, it’s not always practicable to know in which country your information may be held. If your information is stored in this way, disclosures may occur in countries other than those listed.
Overseas organisations may be required to disclose information we share with them under a foreign law. In those instances, we will not be responsible for that disclosure.
We will not share any of your credit information with a credit reporting body, unless it has a business operation in Australia. We are not likely to share credit eligibility information (that is, credit information we obtain about you from a credit reporting body or that we derive from that information) with organisations unless they have business operations in Australia. However in the event NAB seeks assistance from a related company to manage defaulting loans, we may need, as a consequence, to disclose credit eligibility information to the Bank of New Zealand, located in New Zealand. We are likely to share other credit information about you with organisations outside Australia. A list of countries in which those overseas organisations are located is set out above.your representatives, or advisors.
Accessing your information
Correcting your information
We care about your privacy. Please contact us if you have any questions or comments about our privacy policies and procedures. We welcome your feedback.
You can contact us by:
Contact details for credit reporting bodies
When we’re checking your credit worthiness and at other times, we might share information about you with credit reporting bodies. The contact details of those credit reporting bodies are set out below. Each credit reporting body has a credit reporting policy about how they handle your information. You can obtain copies of these policies at their websites.
PO Box 7405
St. Kilda rd
1300 783 684
Consumer Support Experian Australia
PO Box 1969 North Sydney
Equifax Australia Information Services and Solutions Pty Limited
• Equifax’s credit reporting policy is set out at http://www.equifax.com.au/privacy
Contact credit reporting bodies if you think you have been the victim of a fraud
If you believe that you have been or are likely to be the victim of fraud (including identity fraud), you can request a credit reporting body not to use or disclose the information they hold about you. If you do this, the credit reporting body mustn't use or disclose the information during an initial 21 day period without your consent (unless the use or disclosure is required by law). This is known as a ban period.
If, after the initial 21 day ban period, the credit reporting body believes on reasonable grounds that you continue to be or are likely to be the victim of fraud, the credit reporting body must extend the ban period as they think reasonable in the circumstances. The credit reporting body must give you a written notice of the extension.
Contact credit reporting bodies if you don’t want your information used by them for direct marketing/pre-screening purposes
Credit reporting bodies can use the personal information about you that they collect for a pre-screening assessment at the request of a credit provider unless you ask them not to. A pre-screening assessment is an assessment of individuals to see if they satisfy particular eligibility requirements of a credit provider to receive direct marketing. You have the right to contact a credit reporting body to say that you don't want your information used in pre-screening assessments. If you do this, the credit reporting body must not use your information for that purpose.
You can contact us by:
- submitting an online Compliments, Suggestions or Complaints form via www.nab.com.au
- calling our contact centre on 13 22 65 (Hearing impaired customers can call TTY 13 36 77)
- speaking to us In Person at a branch; Hearing impaired customers with telephone typewriters can contact us on 13 36 77
©2018 National Australia Bank Limited ABN 12 004 044 937 AFSL and Australian Credit Licence 230686 A139966-0519