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PRIVACY CODE

Introduction

Tangerine Bank (“Tangerine”) is committed to keeping personal information accurate, confidential, secure and private. The Tangerine Privacy Code is an embodiment of this commitment.

This Privacy Code is based on the Personal Information Protection and Electronic Documents Act (PIPEDA). It describes how Tangerine subscribes to the principles of the PIPEDA. A copy of the PIPEDA is available at privcom.gc.ca

The Scope Of This Privacy Code

This Privacy Code describes the principles Tangerine will use to protect the privacy of personal information in its possession or control. This Privacy Code does not apply to information about business customers who carry on business as corporations, partnerships or in other forms of association. Tangerine does, however, protect the confidentiality of such information in accordance with the law and Tangerine’s own policies. This Privacy Code does apply to personal information of individual owners of sole proprietorships.

Changes To This Privacy Code

In order to ensure that this Privacy Code is kept up to date, we reserve the right to change this Privacy Code from time to time. Any changes will be communicated to you at least 30 days before they take effect. Notice of changes to the Privacy Code may be distributed by email, through Tangerine statements, letters and/or posted on the Tangerine web site, through your online Inbox or any other electronic method used by Tangerine to communicate with you. If you access or choose to continue to be serviced by Tangerine after the effective date of the change, you automatically accept the change.

DEFINITION OF TERMS USED IN THIS PRIVACY CODE


Associates

The client services representatives at Tangerine to whom the public is encouraged to address their initial questions and concerns about a Tangerine product or service. Associates may be reached by telephone at 1-888-826-4374 or email at clientservices@tangerine.ca.

Direct Marketing

Promotions targeted to individuals whose personal information indicates that a certain product may be of interest to them. This includes mail, email and telemarketing initiatives, communications through our Mobile Banking app and other electronic methods provided by us. This does not include statements, statement inserts, and messages in banking machines, bank machine receipts, and announcements in electronic bulletin boards, through personal bankers or customer relationship management.

Independent Mortgage Broker

The individual and/or company through which you have been referred to Tangerine under a referral arrangement between such Independent Mortgage Broker and Tangerine. The Independent Mortgage Broker is not an agent, employee, partner or joint venture of Tangerine.

Tangerine

“Tangerine” is the operating name of Tangerine Bank.

Personal Information

Information about an identifiable individual, but does not include the name, title or business address or business telephone number of an employee of an organization for the purpose of communicating with the individual in relation to their work.

Privacy Office

The department at Tangerine that is responsible for ensuring the protection of individuals’ personal information. The Privacy Office may be contacted by mail at:
PRIVACY OFFICE
Tangerine
3389 Steeles Ave E
Toronto, ON M2H 0A1
theprivacyofficer@tangerine.ca

THE TEN PRINCIPLES OF PRIVACY IN SUMMARY


These ten principles of privacy are interrelated and must be read in conjunction with the accompanying commentary.

1. Tangerine’s Accountability

Tangerine is accountable for all personal information in its possession or control, including any personal information transferred to third parties for processing. Tangerine has established policies and procedures to comply with this Privacy Code, and has designated one or more persons accountable for compliance.

2. Identifying The Purposes Of Collecting Personal Information

Tangerine will inform individuals of the purpose for which personal information will be used before or when they consent to its collection.

3. Obtaining Consent

Tangerine will obtain consent before or when it collects, uses or discloses personal information about an individual.

An individual can provide consent to the collection, use and disclosure of personal information about them expressly, implicitly, or through an authorized representative. An individual can withdraw consent at any time, with certain exceptions.

Tangerine will collect, use or disclose personal information without an individual’s consent only in limited circumstances as permitted by law.

4. Limits For Collecting Personal Information

Tangerine limits the amount and type of personal information it collects. Tangerine will collect personal information only for the identified purposes or as otherwise permitted by law.

5. Limits For Using, Disclosing And Keeping Personal Information

Tangerine will use or disclose personal information only for the reasons it was collected, unless an individual gives consent to use or disclose it for another reason.

Under certain circumstances, Tangerine may have a legal duty or right to disclose personal information without consent. Tangerine will keep personal information only as long as necessary for the identified purposes.

Tangerine will keep personal information only as long as necessary for the identified purposes.

6. Keeping Personal Information Accurate

Tangerine will keep the personal information in its possession or control accurate, complete, current and relevant, based on the most recent information available to Tangerine.

Individuals may challenge the accuracy and completeness of personal information about them and have it amended as appropriate.

7. Safeguarding Personal Information

Tangerine protects personal information with safeguards appropriate to the sensitivity of the information.

8. Making Information About Policies And Procedures Available

Tangerine will be open about the procedures used to manage personal information. Individuals will have access to information about these procedures through this Privacy Code, by contacting our Associates or by contacting the Privacy Office. The information will be available in a format that is easy to understand.

9. Providing Access To Personal Information

When an individual requests it, when possible, Tangerine will advise the individual what personal information Tangerine has in its possession or control about the individual, what it is being used for, and to whom it has been disclosed.

When an individual requests it, Tangerine will give an individual access to personal information about them which is in the possession or control of Tangerine. In certain situations, however, Tangerine may not be able to give individuals access to all of their personal information. Tangerine will not give access to information that is considered proprietary, business or trade secret. For greater certainty, Tangerine will not provide access to notes, internal communications, or information/data generated in the course of its business activities that may relate to an individual.

10. Handling Complaints And Questions

Individuals may challenge Tangerine’s compliance with this Privacy Code. Complaints and inquiries should be directed to our Associates or sent to the Privacy Office.

PRINCIPLE 1


Tangerine’s Accountability

Tangerine is accountable for all personal information in its possession or control, including any personal information transferred to third parties for processing. Tangerine has established procedures to comply with this Privacy Code, and has designated one or more persons to be accountable for compliance.

  1. Senior management of Tangerine will have ultimate accountability for protecting personal information. Senior management has delegated the day-to-day management of procedures involving personal information protection to one or more persons.

  2. Tangerine’s Privacy Office is responsible for overall personal information protection and Tangerine’s compliance with this Privacy Code. In addition, Associates are able to respond to most inquiries about the protection of personal information.

  3. Tangerine will allow the following categories of Tangerine employees to access individuals’ personal information in Tangerine’s control: Sales and Service Personnel; Finance Personnel; Marketing Personnel; Security Personnel; Audit Personnel; IT Personnel; Operations Personnel; Legal and Compliance Personnel; Risk Management Personnel; and Credit and Lending Personnel. Human Resources Personnel will have access to information about Tangerine’s employees.

  4. Tangerine is also accountable for personal information that has been transferred to a third party for processing. Tangerine’s policies for safeguarding personal information transferred to third parties are set out in sections 7.4 and 7.5 of this Privacy Code.

  5. To practise the principles of this Privacy Code, Tangerine:

    • has established procedures to protect the privacy of personal information;

    • has established procedures to receive and respond to questions and complaints;

    • gives the public access to this Privacy Code; and

    • has trained Tangerine staff to understand and follow Tangerine’s privacy procedures.


Tangerine also oversees compliance with this Privacy Code through regular audits and other compliance procedures. Senior management reports to a committee of Tangerine’s Board of Directors regarding compliance with this Privacy Code.

PRINCIPLE 2


Identifying The Purposes of Collecting Personal Information

Tangerine will identify the purposes of collecting personal information, before or when consent is provided.

  1. Except as noted below, when an individual applies for a product or service, Tangerine will make the individual aware of the purposes for which Tangerine is requesting the personal information. If Tangerine identifies other purposes for which the personal information may be used, Tangerine will seek the individual’s consent prior to starting these uses. Tangerine will explain that it is the individual’s right to refuse permission for Tangerine to use personal information for any such other purposes. In some cases Tangerine will not explain those purposes or obtain the individual’s consent. (See section 3.4 and section 5.1 for details).

  2. Tangerine will clearly identify the purposes for which it is collecting personal information in writing, verbally (either in person or over the telephone), or by any other means it communicates with individuals.

  3. Individuals can ask for information about the purposes for which Tangerine collects personal information when they phone or visit Tangerine, or write to the Privacy Office.

  4. Unless additional purposes are identified to an individual before or at the time of collection, Tangerine will collect personal information (which may include credit, employment and other financially related information) for the following purposes:

    • to help identify new clients;

    • to determine the suitability of products or services for an individual or the eligibility of an individual for products and services;

    • to set up and manage Tangerine’s products and services offered by approved distributors that meet an individual’s needs;

    • to offer products and services to meet those needs;

    • to provide ongoing service; and

    • to meet legal and regulatory requirements, such as requirements under the Income Tax Act and credit reporting requirements.

  5. 5. Tangerine takes care to explain purposes which are not as obvious as others. The purposes for collecting a name or address are obvious and do not need to be explained, but the purposes for collecting other information may not be as self-evident.


Tangerine may collect, disclose and use personal information for some or all of the following purposes:

  • references are used to verify information on an application;

  • an individual’s date of birth and other identifying information may be collected and used to verify the identity of a Client, and to protect the Client and Tangerine from error or fraud. Tangerine may also collect and use personal information obtained from credit bureaus, credit reporting agencies, credit insurers and other financial institutions in order to help verify a new Client’s identity;

  • a Social Insurance Number is collected because the Income Tax Act and other national or international regulations related to the taxing of nationals require it for an individual’s income tax reporting. In addition, a Social Insurance Number may be used to match credit bureau information and/or protect the Client and Tangerine from reporting errors and/or fraud;

  • personal information is exchanged with credit bureaus, credit reporting agencies, credit insurers, and other financial institutions, to maintain the integrity of the credit-granting process and to determine eligibility for financial products and services. In certain cases, individuals have a right to access their personal information in the control of these institutions. Individuals should contact our Associates to find out how to access their personal information in the control of these institutions;

  • personal information, including credits or debits to any Account, product or service offered by Tangerine, is used by Tangerine to determine initial and ongoing eligibility for financial products and to notify the Clients of such products by website, mail, email, our Mobile Banking app or any other electronic method offered by Tangerine and used by a Client;

  • personal information, including account details, may be collected from or disclosed to an individual’s Independent Mortgage Broker to allow account administration by the Independent Mortgage Broker;

  • Subject to 7.4, personal information may be disclosed to investors or potential investors, lenders and government guarantors in order for us to process and fund your mortgage;

  • personal information may be collected, used and disclosed to investigate specific transactions or patterns of transactions for the purpose of detecting unauthorized or illegal activities;

  • personal information may be collected and used to ensure that a Client’s instructions can be properly verified;

  • personal information may be collected, used and disclosed to investigate Client complaints;

  • should you open an Account to be operated on behalf of a third party, personal information of that third party will be collected from you in accordance with money laundering legislation;

  • personal information may be used by Tangerine and disclosed to its parent or affiliates to satisfy regulatory reporting requirements and international banking standards, including tax reporting;

  • personal information may be collected, used and disclosed for the purpose of legal, regulatory and/or governmental requirements in accordance with law;

  • personal information may be collected, used and disclosed for the purpose of conducting risk assessments;

  • personal information may be collected, used and disclosed to provide specific products or services associated with an Account; and

  • personal information may be disclosed to a Joint Account holder to provide Joint Account services.


PRINCIPLE 3


Obtaining Consent

Tangerine will obtain consent before or when it collects, uses or discloses personal information about an individual. An individual can provide consent to the collection, use and disclosure of personal information about them expressly, implicitly or through an authorized representative.

Tangerine will collect, use or disclose personal information without an individual’s consent only in limited circumstances as permitted by law.

Subject to certain legal and contractual restrictions and reasonable notice, an individual can refuse or withdraw their consent to the collection, use or disclosure of personal information about them at any time.

    1. Tangerine will obtain consent before or when it collects, uses or discloses personal information. Generally, Tangerine will seek consent to use and disclose personal information at the same time it collects the information. In some circumstances, Tangerine may identify a new purpose and seek consent to use and disclose personal information after it has been collected.

    2. Tangerine will explain to individuals in plain language how personal information will be used or disclosed before they give their consent.

    3. Consent to the collection, use and disclosure of personal information can be expressed, implied, or given through an authorized representative of the individual.

      • Individuals can express consent verbally, such as when information is collected over the telephone, in writing, such as when completing and signing an application, or electronically, such as when applying through a computer.

      • individuals can imply their consent, for example, by using a Tangerine product or service. In such a case, Tangerine may assume that the individual consents to the use of the personal information.

      • By applying for a Tangerine product through an Independent Mortgage Broker, individuals consent to the disclosure of their Account information and other related personal information to the Independent Mortgage Broker(s) by Tangerine.

      • Individuals can also give consent through an authorized representative, such as a legal guardian or a person with a Power of Attorney. This may be necessary, for example, if Tangerine cannot obtain express consent from an individual who is a minor, seriously ill, or mentally incapacitated. Authorized representatives may also include an individual’s Independent Mortgage Broker.


  1. Tangerine may collect, use or disclose personal information without the individual’s knowledge and consent only in limited circumstances as permitted by law. For example,

    • Tangerine may collect, use and disclose personal information without the individual’s knowledge or consent if it is clearly in the individual’s best interests to do so and consent cannot be sought in a timely manner. An example of such a circumstance is when an individual is seriously ill.

    • Tangerine may collect, use and disclose personal information without individual's knowledge or consent in certain circumstances where the information is publicly available. An example would be the name, address and phone number of a subscriber to a telephone directory that is available to the public where the subscriber can refuse to have their personal information appear in the telephone directory.

    • Tangerine may collect, use and disclose personal information without the individual’s knowledge or consent in accordance with law or upon the lawful request of a government institution or part of a government institution. An example would be when a government institution lawfully requests the information for the enforcement of any law of Canada, a province or a foreign jurisdiction.

  2. Subject to certain legal or contractual restrictions and reasonable notice, an individual may refuse or withdraw consent at any time.

    • Tangerine will inform individuals of the consequences of refusing or withdrawing consent when individuals seek to do so. Refusing or withdrawing consent for Tangerine to collect, use or disclose personal information could mean that Tangerine cannot provide the individual with a product, service or information of value to the individual.
      For example, if an individual does not allow Tangerine to obtain a credit history report, Tangerine may not be able to lend money to the individual due to prudent lending practices, or other regulations.

    • Tangerine, however, will not unreasonably withhold products, services or information from individuals who refuse to give consent or who withdraw consent.

    • Tangerine is required by law to collect certain types of personal information in order to verify the identity of its Clients. If an individual does not allow Tangerine to collect and use this information, or if the Client later attempts to withdraw their consent, Tangerine may not be able to open an Account or maintain the Account on behalf of that Client.

    • Withdrawal of consent is not permitted in relation to a credit product where Tangerine must collect and report information after credit has been granted. This is to maintain the integrity of the credit system.

    • Tangerine will not deny credit to an individual solely because the individual does not provide a Social Insurance Number for this purpose, but Tangerine may be unable to open a Savings Account or sell an individual a GIC or other interest-bearing instrument unless a Social Insurance Number is provided.


PRINCIPLE 4


Limits On The Collection Of Personal Information

Tangerine limits the amount and type of personal information it collects. Tangerine will collect personal information only for purposes it has already identified to the individual or as permitted by law. Tangerine will collect personal information using procedures which are fair and lawful.

  1. Tangerine will collect only the amount and type of information needed for the purposes documented by Tangerine and identified to the individual.

  2. Tangerine will collect personal information about an individual primarily from that individual. Except as permitted by law, Tangerine will only collect personal information from external sources if individuals have consented to such collection.


PRINCIPLE 5


Limits On Using, Disclosing And Keeping Personal Information Tangerine will use or disclose personal information only for the reasons it was collected, unless consent is given to use or disclose it for another reason.

Under certain exceptional circumstances, Tangerine may have a legal duty or right to disclose personal information without the individual’s knowledge or consent.

Tangerine will keep personal information only as long as necessary for the identified purposes.

  1. Tangerine may disclose personal information without consent when required or permitted by law. Examples of such disclosure include:

    • subpoenas, search warrants and other court and government orders;

    • debt collection or demands from other parties who have a legal right to personal information; and

    • disclosure of personal information to a lawyer (or, in Quebec, a notary or an advocate) who represents Tangerine.

  2. In any of the circumstances referred to in Principle 5.1, Tangerine will protect the interests of its Clients by making sure that:

    • orders or demands appear to comply with the laws under which they were issued, and

    • Tangerine does not comply with casual requests for personal information from government or law enforcement authorities. When permitted by law, Tangerine may notify individuals that an order or demand has been received.

    • Tangerine may notify individuals by telephone, or by letter to the Client’s usual address.

  3. Tangerine may want to use personal information in its possession or control to market products and services to individuals, either directly through Tangerine or through its existing subsidiaries or affiliates or approved network of Independent Mortgage Brokers. Tangerine will obtain the individual’s consent before using or disclosing personal information for this purpose.
    When an individual applies for a product or service and provides personal information, Tangerine will advise the individual that his/her personal information may be used by Tangerine to market other products and services to the individual.

  4. Tangerine will collect health records only for specific purposes explained to Clients, such as establishing the effective date of an individual’s Power of Attorney document or for Mortgage insurance purposes. Subject to anything herein, it will not disclose health records to subsidiaries or affiliates, and vice versa. For example, Tangerine will not use an individual’s health records collected by a subsidiary to help assess a loan application.

  5. If personal information has been used to make a decision about an individual, Tangerine will keep the personal information long enough for the individual to have access to it after the decision has been made.

  6. In the event Tangerine provides personal information to a third party service provider for processing located in a foreign jurisdiction, Tangerine is bound by the laws of the jurisdiction and may disclose personal information in accordance with those laws.

  7. Tangerine will destroy, erase or make anonymous any personal information no longer needed for its identified purposes or for legal requirements.


PRINCIPLE 6


Keeping Personal Information Accurate

Tangerine will keep the personal information in its possession or control accurate, complete, current and relevant, based on the most recent information available to Tangerine.

Individuals may challenge the accuracy and completeness of personal information about them and have it amended as appropriate.

  1. Tangerine will make reasonable efforts to minimize the possibility of using inaccurate, incomplete or outdated personal information to make a decision about the individual.

  2. Tangerine will update personal information only if it is necessary for the purposes for which it was collected.

  3. Tangerine will make reasonable efforts to keep personal information in its possession and control accurate and current if the information is used on an ongoing basis, unless limits on the need for accuracy are clearly set out by Tangerine.

  4. Tangerine will also rely on individuals to keep certain personal information relating to them accurate, complete and current. If an individual demonstrates to Tangerine that personal information relating to them is inaccurate, incomplete, out of date or irrelevant, Tangerine will revise or delete the personal information. If necessary, Tangerine will disclose the revised personal information to any third parties to whom Tangerine disclosed wrong or outdated information in order to permit them to revise their records.

  5. If Tangerine does not agree to revise personal information as requested by the individual, the individual may challenge Tangerine’s decision. Tangerine will make a record of this challenge, and, if necessary, disclose the challenge by the individual to any third parties to whom Tangerine has disclosed the personal information.

PRINCIPLE 7


Safeguarding Personal Information

Tangerine will protect personal information with safeguards appropriate to the sensitivity of the information.

  1. Tangerine will safeguard personal information in its possession or control from loss or theft and from unauthorized access, disclosure, duplication, use or modification.

  2. The safeguards employed by Tangerine to protect personal information will vary depending on the sensitivity, amount, distribution, format and storage of the personal information. Tangerine stores most of your information electronically. Recent paper records containing individuals’ personal information are stored in files kept onsite at our Toronto head office, and older records containing individuals’ personal information may be stored at an offsite storage facility. Tangerine will give the highest level of protection to the most sensitive personal information.

  3. Tangerine will safeguard personal information in its possession or control through security measures.
    For example:

    • orders or demands appear to comply with the laws under which they were issued, and

    • physical security, such as secure locks on filing cabinets and restricted access to offices;

    • organizational security, such as controlled entry in data centres and limited access to relevant information; and

    • electronic security, such as passwords, personal identification numbers and encryption.

  4. Tangerine may transfer personal information to third parties for processing, including printing cheques, market research, data processing services, collection, government guarantors, service agents or for other goods and services. Tangerine will require these third parties to safeguard all personal information in a way that is consistent with Tangerine’s measures and/or as regulated by law.
    When Tangerine contracts with third parties, they are given only the information necessary to perform the services as set out in the contract. The third parties are prohibited from storing, analyzing or using the personal information transferred by Tangerine for any other purpose. The third parties are required to protect personal information transferred by Tangerine in a manner that is consistent with privacy policies and practices established by Tangerine.

  5. Tangerine may disclose personal information to businesses such as credit bureaus, credit insurers and lenders with the individual’s consent. Tangerine relies on the added protection of credit reporting legislation to ensure that credit bureaus protect personal information which is disclosed to them.

  6. Tangerine will use care when disposing of or destroying personal information in order to prevent unauthorized access to the information.


PRINCIPLE 8


Making Information About Policies And Procedures Available To Individuals

Tangerine will be open about the procedures used to manage personal information. Individuals will have access to information about these procedures through Tangerine’s Privacy Code, by contacting our Associates or by writing to the Privacy Office. The information will be available in a format that is easy to understand.

  1. Tangerine will make this Privacy Code available to the public.

    • Copies of this Privacy Code will be provided to all new Clients; and/or

    • an electronic version of this Privacy Code is available on Tangerine’s website at tangerine.ca.

  2. Information about this Privacy Code will be available in a format that is easy to understand.

    • Tangerine has produced a summary of this Privacy Code. The summary is available at tangerine.ca and at the beginning of this document.

    • The contact information of the Associates and the Privacy Office are provided in the summary as in this Privacy Code, so individuals know where to address complaints and questions about Tangerine’s personal information policies and procedures.

  3. Tangerine may make information about its procedures available in a variety of ways, depending on the nature of the services individuals are using and the sensitivity of the personal information.

    • Tangerine may make brochures available on premises, mail, or email information to its Clients, establish a toll-free telephone service or provide online access.


PRINCIPLE 9


Access To Personal Information

When an individual requests it, Tangerine will advise what personal information Tangerine has in its possession or control about the individual, what it is being used for and to whom it has been disclosed.

When an individual requests it, Tangerine will give the individual access to personal information about them which is in the possession or control of Tangerine. In certain exceptional situations, Tangerine may not be able to give individuals access to all of the personal information about them.

  1. An individual has the right to know, on request, what personal information about the individual Tangerine has in its possession or control, a right to access that personal information and to know to which third parties Tangerine has disclosed that information, subject to the requirements of any law, regulation or contract limiting same. Individuals may direct their requests by telephone to the Associates or, in writing, to the Privacy Office.

  2. Tangerine has established procedures for responding to requests for access to personal information. Tangerine will respond to requests within a reasonable period of time. Individuals must be specific about the personal information that may be in Tangerine’s possession or control. In the unlikely event that Tangerine determines that there will be a cost to the individual in granting such access, Tangerine shall inform the individual of the costs permitted by law prior to granting such access.

  3. Subject to any limitation contained in this Code or Tangerine’s Account Terms and Conditions, Tangerine will identify from whom it collected the personal information, to whom it has disclosed the personal information, and how and when the information was disclosed. Tangerine will take this data from its records, and will provide it to the individual.

  4. In some cases, Tangerine may not provide access to personal information that is in its possession or control. For example, this may occur when:

    • providing access to personal information would be likely to reveal personal information about a third party;

    • providing the personal information could result in a threat to the security of another individual;

    • disclosing the information would reveal confidential commercial information;

    • the personal information is protected by solicitor-client privilege;

    • the information is the result of arbitration or other formal dispute resolution process; or

    • the information has been collected for the purposes of a legal investigation.

  5. Tangerine will not record in individual files when personal information was disclosed to third parties for routine purposes.
    For example:

    • reporting to the Canada Revenue Agency (T5 and other reports);

    • regular updating of credit information to credit bureaus;

    • indicating to third parties when cheques are returned for NSF (not sufficient funds).

  6. Tangerine denies the individual’s request for access to personal information, Tangerine will advise the individual of the reason for the refusal. The individual may then appeal Tangerine’s decision to the Privacy Commissioner of Canada.


PRINCIPLE 10


Handling Individuals’ Complaints And Questions

Individuals may challenge Tangerine’s compliance with this Privacy Code. Tangerine has policies and procedures to receive, investigate, and respond to individuals’ complaints and questions.

  1. Tangerine has policies and procedures to receive, investigate, and respond to individuals’ complaints and questions relating to privacy. Individuals are advised to direct their complaints and questions by telephone to the Associates or in writing to the Privacy Office.

  2. Tangerine will investigate all complaints. If it finds a complaint justified, Tangerine will attempt to resolve it. If necessary, Tangerine will modify its policies and procedures to ensure that other individuals will not experience the same problem.

  3. If individuals are not satisfied with the way Tangerine has responded to their complaint, they can contact the Office of the Superintendent of Financial Institutions, the external ombudsman for Tangerine Bank - ADR Chambers Banking Ombudsman or the Federal Privacy Commissioner.


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