This Policy outlines how we manage personal information and safeguard the privacy of our clients.
This Policy has also been developed with reference to:
· The Privacy Act 1988 (Cth) (Privacy Act);
· The Australian Privacy Principles (APPs), contained within the Privacy Act; and
What personal information is collected?
We only collect personal information that is reasonably necessary for us to provide our clients with services and to administer them. The kind of personal information we collect and hold will depend upon the type of services requested by our clients and may include:
· information given by our clients or their advisers or service providers when they request a service from us. This information may include an individual’s name, date of birth, address, contact details and relevant identification documents;
· communications between us and our clients’ financial, legal or other adviser, including their broker or other agent;
· transactional information about the use of a service;
· in some cases, sensitive information obtained with an individual’s consent or otherwise where required or permitted by law (e.g. in relation to anti-money laundering laws);
· information such as an individual’s name, address and date of birth where client has disclosed that information in connection with obtaining services from us;
· information regarding website interactions with us (eg the sections or features of our website that an individual has visited or used). This information will be anonymous unless an individual is logged into our site.
How is personal information collected?
We collect personal information in a number of ways including:
· directly from individuals and clients (including via financial, legal, or other advisers, or broker or other agents connected to a client), such as when completing an application form;
· from a client where that information is relevant to the provision of a service to them;
· from publicly or commercially available sources for the purpose of complying with customer due diligence obligations under relevant legislation (e.g. anti-money laundering laws)
What if certain information is not provided?
If we are provided with an incomplete information, we may not be able to provide any services until the information is complete.
How do we use and disclose personal information?
We may collect, use and disclose an individual’s personal information for the primary purpose of providing the services requested by our clients, as well as for related purposes such as:
· to verify an individual’s identity or transactions which our client may enter into with us (including the identities of third parties relevant to a client’s engagement with us);
· to process applications for our services;
· to administer and manage the provision of our services;
· to respond to queries, complaints or to provide general customer services;
· to provide information to our client, their asset consultant, custodian, administrator or legal or other adviser;
· to provide offers of other services and to improve and personalise our products and services;
· to comply with laws and regulatory requirements, including anti-money laundering, financial services and taxation laws, or complying with any request made by a governmental authority in connection with legal proceedings or the prevention or detection of fraud and crime;
· to comply with our risk management policies and procedures;
· to conduct service and market research;
· to train our staff; or
We may disclose personal information to:
· professional service firms that provide services to us, such as, legal, audit or data/ information services;
· electronic identity verification service providers, in order for identity information to be verified against relevant government and other databases, for the purpose of complying with anti-money laundering laws; and
· otherwise in accordance with this policy and the APPs.
We do not disclose personal information collected in Australia to recipients in foreign countries. In some cases, we may utilise 'Cloud' storage solutions for data storage purposes, and the relevant servers may be located overseas.
Use of service providers
We may contract out some of our administrative and support functions such as mailing, document and data storage, background checking or identity verification to external service providers from time to time. Only information necessary for the service provider to carry out their function will be provided and will be subject to confidentiality clauses in the relevant services agreement.
Keeping us up-to-date
Personal information such as contact details may change from time-to-time and we ask that our clients and individuals keep us informed of any changes by notifying us.
Where information has been previously provided about another person related to a client’s engagement, and the information is no longer current, the client must provide up-to-date information.
Changes to some details, such as a change of name, may require additional documentation to verify the change. Additionally, some changes may be required to be made on a specific form.
Storage and security of information
We store personal information in a combination of computer storage facilities, paper-based files and other records. These are held on our premises and systems as well as offsite using 'Cloud' service providers for data storage and management purposes, which may be located overseas. We maintain effective control of the information under contractual arrangements.
We will take reasonable steps to protect personal information from loss, interference or misuse, and unauthorised access, modification or disclosure, and that any service provider we rely on takes similar steps.
Where personal information is no longer required to be retained, we will take such steps as are reasonable in the circumstances to de-identify the information or put it beyond use.
This document sets out our policy on the management of personal information and is made freely available on our website, or in hardcopy if requested.
Access and correction
Generally, we provide individuals with access to their personal information that we hold, unless a particular exception applies, such as where:
· it would be unlawful to provide the information;
· providing access would be likely to prejudice an investigation of possible unlawful activity;
· the information is relevant to legal proceedings and would not be accessible in the normal discovery process;
· giving access would have an unreasonable impact on the privacy of other individuals;
· it would pose a serious and imminent threat to the life or health of any individual; or
· the request is frivolous or vexatious.
If a request for access would divulge a commercially sensitive decision-making process, then we may provide an explanation rather than direct access to the information.
If we become aware that the personal information we hold about an individual is inaccurate, incomplete, misleading or irrelevant, then we will take reasonable steps to amend it. If we receive a request from an individual to correct their information, then we will seek to correct it within 30 days. If we disagree with an individual about the accuracy, completeness or currency of our records, then they have the right to request that we note their disagreement on those records.
We do not use any government-issued identifiers (such as TFNs, Medicare numbers and Drivers Licence numbers) for use as our own identifier for individuals. Instead, we create our own unique identifiers such as investor numbers and account numbers are used to identify individuals.
Anonymity and pseudonymity
Given legal and professional obligations relating to the identification of customers, in most situations we cannot allow transactions on the basis of anonymity (including the use of a pseudonym). Access to our public website, may be done anonymously, or in the case of general enquiries, using a pseudonym. However, we may not be able to respond to queries unless we are provided with certain information.
We will not use personal information for direct marketing purposes unless:
· we have obtained consent, or the individual would reasonably expect us to use their personal information for direct marketing purposes; and
· we have provided the individual with a simple means to 'opt-out' from receiving direct marketing; and
· we have not received such a request from the individual.
We will not use any sensitive information for direct marketing purposes.
Use of our website
Our web analytics providers use "cookies" and in some cases "clear gifs/web beacons" to collect information.
Cookies are pieces of information that are transferred to a computer when a person visit a website so that sites can record usage and, in some cases, provide tailored content or targeted advertising. Most web browsers are set to accept cookies, or they can be rejected. However, if all cookies are rejected, some parts of the website may be inaccessible.
Clear gifs (also known as web beacons) are used in combination with cookies to help us understand how visitors interact with our website. A clear gif is typically a transparent graphic image (usually 1 pixel x 1 pixel) that is placed on a site. The use of a clear gif allows us to measure the actions of the visitor opening the page that contains the clear gif.
The Privacy Officer may be contacted regarding any questions in relation to this Policy:
Attention: Privacy Officer
360Certainty Pty Limited
GPO Box 301
Sydney NSW 2001
Complaints about privacy
Clients may raise any concerns about any breach or potential breach of their privacy, by contacting the Privacy Officer and we will make every effort to resolve the complaint internally.
To make a complaint, write to the Privacy Officer:
Attention: Privacy Officer
360Certainty Pty Limited
GPO Box 301
Sydney NSW 2001
We will attempt to respond within 30 days from receipt of a request
The complaint may also be taken to the Office of the Australian Information Commissioner (OAIC).
For more information on how to lodge a complaint with the OAIC, please contact the OAIC hotline service on 1300 363 992 or email email@example.com
We may make changes to this policy from time to time for any reason and we will update our website in a timely manner.
Copyright © 2020 360Certainty Pty Limited - All Rights Reserved.
360Certainty Pty Limited ABN 52 635 898 707, also trades as 360Certainty Legal, an Incorporated Legal Practice (ILP) incorporated under the Corporations Act 2001 (Cth) and is engaged in legal practice under the Legal Profession Uniform Law (NSW). Liability Limited by a scheme approved under Professional Standards Legislation.
We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.