Privacy and Personal Information We respect Your privacy and will only use and disclose Your personal information in accordance with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and in accordance with Our Privacy Policy. We will otherwise comply with all relevant privacy legislation in relation to Your personal information. Unless We are permitted to do otherwise under this Contract, We will keep Your information confidential. In particular We will keep Your information confidential unless:
a) We have Your prior written consent; or
b) the Law (including any regulatory, accounting, governmental, Ministerial or stock exchange requirement) requires or permits Us to disclose certain information; or
c) We need to use the information for Our regulatory reporting or compliance, or in any legal or regulatory proceedings; or
d) the information is already in the public domain; or
e) We believe You have used electricity illegally and, as a result, We provide relevant information to the Economic Regulation Authority or the Director of Energy Safety; or
f) We use the information for business purposes.
g) You have not paid Your electricity bill, and We disclose information to a credit reporting agency, but We will not provide information about a default to a credit reporting agency if:
(i) You have made a complaint in good faith about the default and the complaint has not been resolved; or
(ii) You have requested Us to review Your electricity bill and the review is not yet completed. To ensure your information remains confidential, we will:
1) Provide Our staff with training around Australian Privacy Principles to ensure Your privacy is maintained;
2) Maintain up to date protection software for all electronically stored information;
3) Where possible, hold Your information on Our internal company network to minimise the risk of an electronic breach, or alternatively use secure, encrypted data centres;
4) Protect all of Our electronic data which contains Your information with passwords. The availability of these passwords will only be provided to staff that require access to the information for ongoing operational purposes;
5) Request that any third parties who require access to Your information provide assurances that they will comply with the Privacy Act;
6) Once no longer required for Our business or compliance purposes, We will destroy Your information as soon as practicable. For more information about Our Privacy Policy, visit Our website or call Us.
Collateral Account and Security Interest At any time when Fund’s assets are below $15 million, the Advisor, for value received, hereby pledges, assigns, sets over and grants to the Trust a continuing security interest in and to an account to be established and maintained by the Advisor with the Securities Intermediary and designated as a collateral account (the “Collateral Account”), including any replacement account established with any successor, together with all dividends, interest, stock-splits, distributions, profits and all cash and non-cash proceeds thereof and any and all other rights as may now or hereafter derive or accrue therefrom (collectively, the “Collateral”) to secure the payment of any required Fund Reimbursement Payment or Liquidation Expenses (as defined in Paragraph 5 of this Agreement). For so long as this Agreement is in effect, any transfers or conveyances of Collateral to any party shall require the approval of the Board of Trustees of the Trust (the “Board”), except as specified in Section 7(a)(ii) of this Agreement, below. In addition, the Trust will not issue entitlement orders, redeem or otherwise take any action with respect to the Collateral or Collateral Account unless a Collateral Event (defined below under Section 5 of this Agreement) has occurred or is continuing.
Checking Accounts 1. Your Checking Account may consist of two legally separate accounts: a transaction (checking) sub account and a savings sub account. If funds in your transaction account are not routinely needed to pay debits, we may periodically transfer funds between these two sub accounts. If your Checking Account earns interest, your interest calculation will remain the same, regardless of whether or not your funds are held in the transaction sub account or the savings sub account. Otherwise, the savings sub account will be a non-interest-earning account. The sub accounts will be subject to our Account Agreement, our Account Disclosure, the Membership Application (or other account documentation). This arrangement and process will not affect your Available Balance in your Checking Account, the interest you may earn, NCUA insurance protection, your monthly statement, or any other features of your Checking Account.
2. We are authorized but not obligated to pay any check or other item that creates a negative balance, any returned item, and all charges associated with negative balances or returned items by making advances under or transfers from any of your Accounts. Unless you tell us otherwise, we may link your Checking Account to any BECU Line of Credit on which you are a borrower.
3. We will process debit and credit transactions throughout the day in the order they are received in our processing center. Therefore, if a transaction debits your Account in the morning and exceeds your Available Balance at that time, you may be charged an NSF Fee or Overdraft Fee, even if a deposit or credit transaction occurring later that day raises your Available Balance above $0.00. We may receive multiple credit or debit transactions on your Accounts in many different forms throughout each day. We generally process and pay presented checks that you write from your Account in order from smallest dollar amount to largest dollar amount; however, we reserve the right to process any presented checks in any order we deem necessary or appropriate.
4. We will credit items delivered to us subject to final settlement and applicable law.
5. We will have no obligation to, but we may, pay antedated checks, or checks that are stale-dated (more than six months old), without notice to you, and we may deem the date on such a check to be the date that the check is presented to us.
6. We may pay postdated checks early unless an authorized party gives contrary notice complying with applicable law.
7. Except for willful misconduct and subject to applicable law, we are not liable for any action taken regarding the payment or nonpayment of an item.
PERSONAL INFORMATION PRIVACY AND SECURITY CONTRACT 11 Any reference to statutory, regulatory, or contractual language herein shall be to such language as in 12 effect or as amended.
13 A. DEFINITIONS
A Service Accountability Agreement This Agreement is a service accountability agreement for the purposes of the Enabling Legislation.