Terms of Use Agreement
The Consumer Data Right (CDR) Portal , is an online service run by the Australian Competition and Consumer Commission (ACCC).
The Portal allows you to:
- make an application, on behalf or an organisation, to be an Accredited Data Recipient
- register an organisation as a Data Holder
- manage details relating to yourself or your organisation
- obtain technical information
- receive messages from us
- submit messages and documents to us.
In these terms of use, we refer to:
- the ACCC as 'we' or 'us'
- the CDR Portal as ‘Portal’
- Data Holders and Accredited Data Recipients as ‘Participants’.
1. Why terms of use are important?
By registering for a Portal account and using the Portal, you agree to be bound by these terms of use. Importantly, this means making sure you know and follow your responsibilities.
Please read these terms of use carefully as they set out a number of key requirements relating to your use of the Portal.
2. Changes to terms of use
When we make changes to these terms of use, you will need to accept the new terms of use to continue using your Portal account. We will publish notice of any changes to the terms of use on our website.
New terms of use will replace any Portal terms of use you have previously accepted.
3. Who can have a Portal account?
To have a Portal account you:
- must be a "natural person" i.e. an individual human being, not a corporate entity, a robot or a software program etc
- have your own email address (because an email address can only be used once to create a Portal account), and
- must be associated to and authorised by a Participant, and in some cases provide proof of identity and authority to act from a Participant, in order to obtain an account.
4. Privacy and your personal information
We will collect your personal information (as defined in the Privacy Act 1988 (Privacy Act)) that you submit using the Portal, including for the purposes of identity verification.
Your personal information is protected by law, including the Privacy Act. Any use and disclosure of your personal information will occur in accordance with the Privacy Act.
We may disclose your personal information to our service providers, including our ICT service providers and any identity verification service providers, to allow them to provide services to us.
We, and our service providers, may further disclose your personal information to overseas recipients, including your mobile service provider or our third party identity verification service provider for the purposes of performing identity verification services.
We may also use and disclose your personal information as described in our privacy policy, which is available at https://www.cdr.gov.au/privacy.
This policy contains information about:
- how you can access and seek correction of your personal information;
- how you can make a complaint about breaches of the Privacy Act; and
- how we will deal with these complaints.
If you wish to contact us about any privacy-related matters, you should contact privacy@accc.gov.au.
5. Your responsibilities
It is important to understand your responsibilities when using your Portal account.
If you do not comply with the responsibilities set out below, we may lock, suspend or terminate your Portal account and in some instances, it is possible you could face civil or criminal penalties.
If you do not keep your personal information secure, it is possible someone could try and pretend to be you online and use your account.
(a) Provide correct, complete and up to date information
You are responsible for making sure your personal details (such as your name, contact details) are correct and up to date in your Portal account. If your details change, you should login to the Portal account to update your details.
You understand that providing false or misleading information or documents (including forms) to us can have serious legal consequences and may result in termination of your account.
(b) Keep your Portal account safe
You are responsible for your Portal account and making sure only you can access it.You must not allow someone else to login or use your Portal account.
You must keep your Portal account user name, password and Authenticator Application safe. Do not share these details with anyone else.
If you do not take reasonable precautions to keep your Portal account details safe, for example, if you give someone your details so that they can login to your account, you are responsible for everything that person does with your account.
(c) Something does not seem right? Tell us!
If you think that someone else has accessed your Portal account, you need to let us know as soon as possible. You agree that we may monitor your access to and use of the Portal.
You will change your password immediately if you think someone else has become aware of it or if there is an unauthorised access of your account.
(d) Do not access another person's Portal account
You are not allowed to access another person's Portal account under any circumstances.
(e) Banned uses of your Portal account
You are not allowed to use the Portal account, or use your account:
- to participate in any illegal or fraudulent activity;
- to cause disruption to the CDR ecosystem or its Participants;
- in a way that infringes a person's rights or prevents them from using the CDR ecosystem;
- in any way that may harass, cause distress or inconvenience others;
- to record unlawful, defamatory, offensive or scandalous material; or
- to record material that breaks or encourages breaking the law.
(f) Do not monitor or copy the Portal
You are not allowed to use any software (like bots, scraper tools etc.) to access, monitor or copy the Portal or its contents unless we have given you prior written permission.
6. When your access can be taken away
Your Portal account may be locked, suspended or terminated:
- if you do not comply with your responsibilities
- you do not comply with these Portal account terms of use, or .
- by us at any time and for any reason.
Closure of inactive accounts
In some cases, we may also close accounts that have not been used after a certain amount of time. We may also do so when your Portal account has been permanently locked.
If your account has been closed and you wish to resume using the Portal, you will need to create a new Portal account.
7. What we are responsible for
We are responsible for:
- taking reasonable steps to ensure the security of your personal information while it is being collected by us, stored or passing through the Portal account;
- making sure the links from your Portal account to other systems (e.g. technical resources required to operate the ecosystem) are secure (for more information see Security);
- handling your personal information in accordance with the Privacy Act 1988 (Cth) (see 'Privacy' for more detail); and
- taking reasonable care to provide you with information about the Portal or ecosystem.
8. What we are not responsible for
We are not responsible for:
- making sure the Portal is error free at all times;
- ensuring any defects with the Portal will be fixed;
- ensuring that you have continuous access to the Portal;
- any Loss (defined below) as a result of your use, or your inability to use, the Portal; and
- the security of your personal information while it is being collected by us, stored or passing through the CDR ecosystem.
In these Terms of Use Agreement:
"Loss" means any loss, damage, cost or expense (to any person or property), including loss of profits or revenue, loss or denial of opportunity, loss of use, loss of data, and any indirect, remote, abnormal or unforeseeable loss.
9. Rights we grant you
We give you permission, in the form of a non-transferable, non-exclusive, revocable licence to use the Portal on your device(s) (for example, your computer or mobile), so long as you comply with these terms of use and any other applicable laws.
10. Applicable law
The laws of the Australian Capital Territory, Australia (ACT) govern these Terms of Use Agreement.