The changes.

We're making some changes to our Merchant Credit Card Facility Agreement (MCCFA) which will take effect from 10 September 2021. You can review a copy of the new MCCFA here.

We recommend that you review the new MCCFA carefully. Here is a summary of what is changing.

  1. We have removed references to zip zap machines, the processing of manual transactions, and references to sales and credit vouchers.
  2. The definition of 'Refund' has been added to reflect that refunds may be made in other ways, not exclusively by a credit voucher.
  3. The definition of 'Authorised Floor Limit' has been amended to clarify that it applies to more than only manual transactions.
  4. The parties' rights and obligations, under privacy laws, and how Westpac uses Personal Information have been clarified. These changes include the following:

a. Clause 4.2(j) has been amended to clarify that you must comply with applicable privacy laws.

b. Clause 4.24 has been amended to clarify that in addition to Westpac you also authorise the card schemes to use the information you provide to us under the MCCFA.

c. A new clause 4.25 has been added setting out how Westpac uses personal information it receives as part of providing the services. It reads as follows:

4.25       You acknowledge that Westpac may collect Personal Information about you or your customers in the course of providing the Merchant Services to you. Any Personal Information collected by Westpac will be used in accordance with our Privacy Policy available at westpac.co.nz/about-us/legal-information-privacy/privacy-policy/

Personal Information you provide to us may be disclosed by us to third parties (including Card Schemes) in the course of providing the Merchant Services to you, including in jurisdictions outside New Zealand. Privacy legislation in offshore jurisdictions offer different (and may provide less) protection to Personal Information than New Zealand legislation. Where you provide us with Personal Information you warrant that this has been collected in accordance with applicable Privacy Laws.

d. A new definition of 'Personal Information' has been added that states 'Personal Information' means 'Personal Information', or 'Personal Data' as defined in Privacy Law.

e. A new definition of 'Privacy Law' has been added that states 'Privacy Law' means any law, to the extent either you or Westpac are subject to it, in New Zealand or otherwise, which affects privacy or any Personal Information including, where applicable, the Privacy Act 2020 and the General Data Protection Regulation (EU) 2016/679.

View the updated MCCFA here.