Common use of Protection and use of Personal Information Clause in Contracts

Protection and use of Personal Information. ‌ 19.1. At the time an OSHC Product is first purchased by an Overseas Student, the Insurer agrees: (a) to use reasonable endeavours to obtain permission from the Overseas Student and Dependants (if applicable) to be permitted to provide; and (b) if obtained, to provide, their names and contact details to Home Affairs within 14 days, as required by law or upon request by Home Affairs, after the Overseas Student has: (c) received a premium refund; or (d) cancelled their OSHC Product, advising Home Affairs of such premium refund or OSHC Product cancellation (as the case may be) having occurred. 19.2. When dealing with any Personal Information held for the purposes of this Deed or the provision of OSHC, the Insurer agrees: (a) to use or disclose Personal Information obtained during the course of providing OSHC pursuant to this Deed, only for the purposes of providing OSHC; (b) not to do any act or engage in any practice which if done or engaged in by an agency, would be a breach of an APP; (c) to notify individuals whose Personal Information the Insurer holds, that complaints about acts or practices of the Insurer may be investigated by the Privacy Commissioner who has power to award compensation against the Insurer in appropriate circumstances; (d) comply with the obligations contained in the APPs that apply to the Insurer; (e) not to use or disclose Personal Information or engage in an act or practice that would breach an APP or a RAC (registered APP code), whichever is applicable to the Insurer, unless the activity or practice is engaged in for the purpose of discharging, directly or indirectly, an obligation under this Deed, and the activity or practice which is authorised by this Deed is inconsistent with the APP or RAC, whichever is applicable to the Insurer; (f) to comply with any request under section 95C of the Privacy Act; (g) to immediately notify the Department if the Insurer becomes aware of a breach or possible breach of any of the obligations contained in, or referred to in, this clause 19, whether by the Insurer or any subcontractor; (h) to comply with any directions, guidelines, determinations or recommendations of the Privacy Commissioner to the extent that they are consistent with the requirements of this clause 19; (i) to ensure that any officers, employees or agents of the Insurer who are required to deal with Personal Information for the purposes of this Deed and the provision of OSHC are made aware of the obligations of the Insurer set out in this clause 19; and (j) not use or disclose any Personal Information, obtained from the Department, for the purposes of direct marketing. 19.3. The Insurer agrees to ensure that any subcontract entered into for the purpose of fulfilling its obligations under this Deed imposes on the subcontractor the same obligations as the Insurer has under this clause 19, including the requirement in relation to subcontracts. 19.4. The Insurer indemnifies the Department in respect of any loss, liability or expense suffered or incurred by the Department which arises directly or indirectly from a breach of any of the obligations of the Insurer under this clause 19, or a subcontractor under the subcontract provisions referred to in clause 19.4. 19.5. The Insurer’s obligations under this clause 19 are in addition to, and do not restrict, any obligations it may have under the Privacy Act or any privacy codes or privacy principles contained in, authorised by or registered under any law including any such privacy codes or principles that would apply to the Insurer but for the application of this clause. 19.6. The Insurer acknowledges that it may be treated as a Contracted Service Provider.