Third Party Vendor Terms - DIA

1. Definitions and Interpretation

“Agreement” means the Agreement for the Provision of Electronic Identity Verification Services between Verifi and the Organisation and capitalized terms have the same meaning in this Schedule.

“Confirmation Agreement” means an agreement between Verifi and the Department of Internal Affairs allowing access to information held by the department for the purpose of performing Identity Checks in accordance with the Identity Information Confirmation Act 2012.

“Third Party Vendor” means the DIA.

“DIA” means the Department of Internal Affairs

2. Application

2.1 The Organisation agrees to be bound by the terms and conditions in these Third Party Vendor Terms from the earlier of the Organisation first notifying Verifi that it intends to use or the Organisation subscribing for, accessing the Third Party Vendor Database or the Third Party Vendor Services.

2.2 Verifi may update these terms by posting the update version on the Verifi Website. The version of these terms available on the Verifi Website as at the time that the Database or Third Party Vendor Service is used shall govern such use.

3. Use of Third Party Vendor Database or Services

3.1 Use of certain information: The Organisation will be required to be approved by the DIA and listed in Verifi’s Confirmation Agreement. The Organisation shall bear any costs of such approval.

3.2 The Organisation acknowledges that access to such information may be removed under certain circumstances, including but not limited to where Verifi or the Organisation has breached or is likely to breach the conditions upon which Verifi has obtained access to such information or where it is determined by the DIA that Verifi should no longer have access to such information.

3.3 Access to such information may also be removed where Verifi’s Confirmation Agreement is terminated in accordance with Identity Information Confirmation Act 2012. The DIA shall also have the right, and the Organisation and Verifi agree that the DIA has privity and the right to terminate any agreement between Verifi and the Organisation for the provision of DIA information to the Organisation.

3.4 The Organisation acknowledges and agrees that, notwithstanding any other provision of this Agreement, Verifi may provide information regarding any Identity Checks performed to the DIA upon request in order to comply with the terms of Verifi’s Confirmation Agreement and the Organisation agrees that it will maintain and provide upon request to Verifi or the DIA any records in respect of Identity Checks performed under this Agreement as may be required by the DIA.

3.5 For the purpose of conducting Identity Checks against the DIA Databases, and solely for that purpose, the Organisation authorizes Verifi and appoints Verifi as its agent to:

3.5.1 Apply to the DIA on behalf of the Organisation for approval for the Organisation to access to the DIA Databases, including applying for any necessary logon credentials;

3.5.2 Collect relevant personal information from a Customer on behalf of the Organisation for submission to the Identity Check process; and

3.5.3 Conduct Identity Checks against the DIA Databases on the Organisation’s behalf, including using the Organisation’s credentials provided upon approval by the DIA as required.

3.6 Before taking any adverse action against a Customer as a result of information obtained through an Identity Check which uses the DIA as a verification source, the Organisation shall:

3.6.1 Attempt to confirm through other means the identity of the Customer;

3.6.2 Advise the Customer that result of the Identity Check and the possible adverse action that the Organisation may take; and

3.6.3 Allow the Customer a reasonable opportunity to make submissions related to any such adverse action.

3.7 Unless otherwise approved by the DIA, no person other than the Organisation's Operators or other authorised staff may directly access the result of an Identity Check against the DIA Databases, including that the Customer who is the subject of the Identity Check may not be provided direct access to the result.