Reliable Trading Circle Privacy Policy

Privacy Policy

Part 1: Objectives

This document

This is our privacy policy.

Objectives

The objectives of this document are to ensure that we handle personal information consistently with the Australian Privacy Principles.

Key outcomes

The targeted key outcomes of this document are that we:

  • understand privacy obligations +
  • handle personal information consistently with the Australian Privacy principles.

Part 2: What is privacy?

The word 'privacy' means different things to different people.

Types of privacy

The type of privacy covered by the Privacy Act and the Office of the Australian Information Commissioner (OAIC) is the protection of people's personal information.

However, this is just one aspect of privacy. Other types of privacy can include territorial privacy and physical or bodily privacy and privacy of your communications.

The OAIC generally handles privacy issues which involve a person's personal information. This can include privacy issues associated with information about your location, your health and body and your communications with others. 

Our policy is directed towards the protection of people's personal information.

What is personal information?

Personal information is information that identifies you or could identify a person.

There are some obvious examples of personal information, such as name or address.

Personal information can also include medical records, bank account details, photos, videos, and even information about what a person likes, their opinions and where they work - basically, any information where they are reasonably identifiable.

Information does not have to include their name to be personal information. For example, in some cases, a date of birth and post code may be enough to identify them.

To be precise, the Privacy Act definition of personal information is:

.. information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."

What privacy is not

The protection of your personal information privacy is different to other related concepts such as:

  • confidentiality,
  • Secrecy, or
  • freedom of information.

However, there can be some cross-over.

What does the Privacy Act cover?

The Privacy Act regulates how personal information is handled. For example, it covers:

  • how personal information is collected (for example, the personal information you provide when you enrol or attend a course or presentation)
  • how it is then used and disclosed
  • its accuracy
  • how securely it is kept
  • general right to access that information.

The Act also covers more specific matters, such as:

  • the use of tax file numbers
  • collecting health information about an individual +
  • how credit worthiness information is handled by credit reporting agencies and credit providers.

Part 3: Australian Privacy Principles

Generally

The Australian Privacy Principles (APPs) are the base line privacy standards which many private sector organisations need to comply with in relation to personal information they hold.

A copy of the Australian Privacy Principles is available at http://www.privacy.gov.au.

There is also a summary of the APPs below.

More detailed information and guidance on the Office’s interpretation of the APPs can be found in the Guidelines to the Australian Privacy Principles, also available at http://www.privacy.gov.au.

Not a prescriptive approach

The principles contained in the Privacy Act are not prescriptive. That is, they don't tell organisations what they must do in each situation.

Rather, they offer principles about the way in which personal information should be handled, and each agency or organisation needs to apply those principles to its own situation.

If an agency or organisation breaches the privacy principles, our Office may investigate the matter. Individuals can also make a privacy complaint to us about an agency or organisation if they think their information has been mishandled. See Complaints.

APP summary

There are 13 APP that regulate how private sector organisations manage personal information.
They cover the collection, use and disclosure, and secure management of personal information.
They also allow individuals to access that information and have it corrected if it is wrong.

Part 1 — Consideration of personal information privacy

APP 1 (Being open): We will be open about how we handle personal information and explain on our website how to ask questions or make a complaint about our APP compliance.

APP 2 (Naming yourself): If a law or court/tribunal order requires identification, you must identify yourself when dealing with us.

Part 2 — Collection of personal information

APP 3 (What we collect): We only collect personal information we reasonably need for our functions, by lawful and fair means. We will not collect sensitive information without your consent.

APP 4 (If we didn’t ask for it): If we receive personal information we didn’t request and couldn’t have lawfully collected under APP 3, we will destroy it or de-identify it as soon as practicable.

APP 5 (Telling you): At or before collection, we will tell you why we need the information, what happens if you don’t provide it, who we may share it with, and how to access or complain under this policy.

Part 3 — Dealing with personal information

APP 6 (Using and sharing): We will only use or disclose personal information with your consent or where you would reasonably expect it for a related purpose. We will de-identify it where practicable.

APP 7 (Marketing): We will not use personal information for marketing unless you’d reasonably expect it or you have consented.

APP 8 (Overseas sharing): Before sharing personal information overseas, we will take reasonable steps to ensure the recipient won’t breach the APPs.

APP 9 (Government IDs): We will not adopt a government-related identifier as our own unless authorised.

Part 4 — Integrity of personal information

APP 10 (Keeping it accurate): We will take reasonable steps to keep personal information accurate, up to date, complete and relevant.

APP 11 (Keeping it safe): We will take reasonable and appropriate steps to protect personal information from misuse, interference, loss or unauthorised access. We will destroy or de-identify it when no longer needed, except where it’s a Commonwealth record or we must keep it under law or a court/tribunal order.

Part 5 — Access and correction

APP 12 (Access): We must, on request, provide access to personal information we hold about you, subject to lawful exceptions (for example, where giving access would be unlawful or create a conflict of interest).

APP 13 (Correction): We must, on request or on our own initiative, take reasonable steps to correct personal information that is inaccurate, out of date, incomplete, irrelevant or misleading.

Part 4: Scope of the regime

The Privacy Act

The Privacy Act regulates 'information privacy'. It covers a number of different activities and sectors.

Who has rights under the Privacy Act?

Individuals have rights under the Privacy Act, which give them greater control over the way their personal information is handled.

As an individual, the Act allows you to:

  • know why your personal information is being collected and how it will be used,
  • ask for access to your records (including your health information),
  • stop receiving unwanted direct marketing material,
  • correct inaccurate information about you, and
  • ensure your information is only used for purposes you have been told about.

Who has responsibilities under the Privacy Act?

Australian and ACT government agencies and certain private sector organisations have responsibilities under the Privacy Act.

We have elected to have a policy consistent with the APPs.

Part 5: Our privacy policy

Background

We respect rights to privacy concerning personal information we hold about them. This Part 5 is our privacy policy.

We may hold personal information about people, principally because they are a client or shareholder or they give us information (for example through our web site.)

We aim to manage personal information in an open and transparent way.

Our goal is to take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to our functions and activities that will ensure that we comply with the Australian Privacy Principles, and as will enable us to deal with inquiries or complaints from individuals about our compliance. 

This document

This document outlines how we manage personal information which we hold.

Broadly, we collect, hold, use and disclose your personal information for purposes related to the provision of services to clients and shareholders and others.

Details follow.

Things change

It's very important that you keep us up to date with your details. If our details about you are wrong, we will correct them free of charge if you let us know.

Students must in a timely way give all information that we reasonably request to perform our functions.

Why is personal information collected?

Broadly, we use personal information to provide financial services and related purposes, for example to:

  • make the use of our web site easier
  • contact you regarding services from us or our affiliates (you can opt out of these communications)
  • comply with legal obligations and
  • conduct research.

We also use personal information for other reasons such as:

  • monitoring, evaluating and improving products and services
  • statistical, actuarial, prudential or research and
  • to provide you information about other services and products.

If you do not provide us with contact details and other information we ask for, we (or others) may not be able to have or keep you as a client or shareholder or provide services to you.

How we collect

There are several ways we collect personal and other information but we aim to ensure they are lawful and fair means:

Usually we end up holding personal information about you when:

  • Equity Trustees or the Administrator gives it to us,
  • you give it to us,
  • someone you have given it to, like your financial adviser, gives it to us,
  • someone you have given permission to share it, like an advertiser, gives it to us, or
  • you respond our or our affiliates marketing or other communications.

Our clients and shareholders as well as those who help us and them provide products and services to you can also collect personal information and pass it on to us.

We do not give personal financial advice and are generally not aware of our client’s objectives, financial situation or needs.

In agreeing for us to provide services to you, you consent to the collection by us of information from someone other than you whom we have no reason to doubt properly represents you.

Unsolicited personal information which we could not have collected under the Australian Privacy Principles is destroyed or de-identified if it is lawful and reasonable to do so.

What is collected and held

We only collect personal information which we consider reasonably necessary for one or more of our functions or activities.

Personal information collected can include the following:

  • name, gender and date of birth
  • contact details
  • emails
  • use details for our website
  • any other information that we consider necessary or desirable.
  • information contemplated by laws and regulator, settlement system or exchange policies and requests.

Because of the requirements of law, it may be impracticable for us to deal with individuals who have not identified themselves or who have used a pseudonym.

When we use and disclose

We will seek to ensure that your personal information is not used or disclosed for any purpose other than:

  • the primary purpose for which it was collected (or a purpose that is related to the primary purpose for which it was collected or a related secondary purpose,)
  • where you have consented to the use or disclosure, or
  • in other circumstances where the Australian Privacy Principles authorise the use or disclosure such as when it is required by or authorised under law.

We will not disclose personal information we hold about you unless:

  • this document allows,
  • you otherwise agree,
  • we consider someone needs the information (typically because they are a regulator, or)
  • laws or regulator, settlement system or exchange policy requires, or a regulator, settlement system or exchange requests and
  • to administer your investment.

Those we disclose personal information to include:

  • regulators, settlement system or exchanges (such as AUSTRAC, the ASIC and the OAIC,)
  • those we have no reason to doubt are acting on your behalf,
  • companies with our group, and
  • companies associated with us (for example from whom you may have enrolled or engaged with us or an affiliate before, and)
  • those who help us provide products and services to you (for example, mailing houses and professional advisers.)

We may provide website usage information about visitors of our website to third-party ad servers for the purpose of advertising.

In the case of joint accounts, we allow each individual access to account balances and transaction details, but not to the personal details of the other individual.

How we hold

We keep physical records on premises or in commercial storage.

Electronic records are kept on local servers, with back-ups off site.

No personal data is stored on our web site.

Some of the measures that we have adopted are having facilities for the secure storage of personal information, having secure offices and access controls for our computer systems.

We will also take reasonable steps to destroy or permanently de-identify personal information that we no longer need for any purpose for which may be used or disclosed under the Australian Privacy Principles.

Retaining, deleting and depersonalising records

Deleting and depersonalising

Consistent with the privacy principles, we take reasonable steps to destroy or permanently de-identify personal information if we no longer need it for any purpose for which we may use or disclose the information.

However the privacy principles do not require us to take these steps where:

  • the information is contained in a Commonwealth record, which will include information available from or under or relating to:
  • bankruptcy, administration and insolvency
  • births, deaths and marriages (including names and former names, marital status, date and place of birth)
  • business and company records (eg ASIC, NSW Department Of Fair Trade, and including residential addresses, principal places of business and registered offices as well as ABNs)
  • Occupational records (eg financial advisers, health practitioners, builders and tradespeople, conveyances, company director's, real estate agents, or)
  • we are required by or under an Australian law, or a court/tribunal order, to retain the informationsee ‘Retaining records’ below

Information not generally available on public registers includes information we may hold:

  • email address
  • contact phone number
  • account details

as well as information we generally do not hold such as:

  • employment information
  • trust beneficiaries
  • the source and use of money invested
  • sexual preference
  • Drivers licence and passport numbers
  • Medicare number
  • motor vehicle ownership
  • credit score.

As a general rule, we cease marketing to a person using their personal information six years after the latest of:

  • if we have had no engagement from them, the end of the calendar year that is 6 years after the year we commenced marketing to them, or
  • if we have had engagement from them, the end of the calendar year that is 6 years after the year we last engaged them

Retaining records

In the absence of specific requirements, we generally take our lead as to the time for retaining records from a relevant limitation. Records may include personal information.

A limitation period refers to the maximum period of time that can pass from the time a cause of action occurs until the start of court proceedings relating to that cause of action. The factors that determine limitation periods include the nature of the matter and the governing legislation. 

Limitation periods, and specific obligations to retain records, vary from jurisdiction to jurisdiction, and depend on the particular reason for which records were created or the basis from which any claims are made.

As a general rule we retain records on the following basis:

  • contractual matters: 6 years
  • deeds: 12 years (for example, trust deeds, confidentiality deeds, deeds settlement and deeds of indemnity and guarantee)
  • negligence: 6 years
  • taxation matters: 5 years.

What about security?

We are committed to ensuring that personal information is kept secure. We take reasonable steps to ensure that the personal information that we hold is protected from misuse and loss and from unauthorised access, modification and disclosure. 

We have a number of physical access and technology policies and procedures in place designed to provide a robust security environment.

No personal data is stored on our web site.

We will communicate with you by email from time to time. Email can be insecure.

We may store personal information in the cloud. This involves some risks, and we are not responsible for those providers or data use or loss by them.

A note about the internet

The internet is not a secure environment and we cannot guarantee the security of information we exchange electronically. This is the nature of the Internet.

It is possible however that your personal information will be moved by those who help us provide products and services to you to a place where Australian laws do not apply, and different standards may apply there.

Records may be stored in the cloud, in Australia or overseas (as is the nature of storage such as this), by us as well as those who help us provide products and services to you. We will tell you what cloud providers are used if you ask, and direct you to their information policies on personal information.

It is not practicable to tell you the countries where that information is likely to be located.

The internet does not however always result in a secure information environment and although we take steps we consider reasonable to protect your information, we cannot absolutely guarantee its security.

We may use “cookies” to obtain information with regards to web site activity (such as the type of browser used, the number of pages viewed, time of the site and navigation patterns), and to help you use this site when you visit again. This information on its own does not identify an individual but it does provide us with statistics that can help us with design of the web site. You can configure your browser to accept or reject cookies. If you reject all cookies you may not be able to use some or all of our web site. 

Offshore rules

We are an Australian business and engaging with us is on the terms of Australian law.

We do not conduct a business anywhere else except in Australia, but the Internet has no boundaries - our website is visible from around the world - and as a general rule we do not inquire as to the physical location of people who interact with us. 

We may from time to time seek to comply with laws of other jurisdictions as far as practicable where we believe that failing to do so may have a material adverse impact on our business but as a general rule there is no obligation for us to do so. 

Sensitive information

Sensitive information is a sub-set of personal information, and is given a higher level of protection under the Australian Privacy Principles.

It is information or an opinion about:

  • racial or ethnic origin,
  • political opinions,
  • membership of a political association,
  • religious beliefs or affiliations,
  • philosophical beliefs,
  • membership of a professional or trade association,
  • membership of a trade union,
  • sexual preferences or practices,
  • criminal record, or
  • biometric and health information.

It would be very rare that we collect sensitive information.

We only ever collect sensitive information about an individual if:

  • the individual consents to the collection and the information is reasonably necessary for our functions or activities,
  • if required or authorised by or under an Australian law or a court/tribunal order,
  • there is a serious threat to their life, health or safety,
  • we suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, or
  • the collection is reasonably necessary to assist to locate a missing person.

Links to other web sites

Ours web site may contain links to other web sites for your convenience. We are not responsible for the information handling and privacy policies and practices of other linked web sites.

Telephone services

We may monitor or record telephone calls for training, record or security purposes. If we do so, we will tell you at the time.

Access to personal information

In most circumstances, you have the right to access any personal information we collect and hold about you, and to have it corrected if it is wrong.

This is subject to exceptions allowed by law such as where giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety or where providing you with access would have an unreasonable impact upon the privacy of others. 

If we deny your request or access we will provide you with the reasons for this decision.

To request access please contact us and we will respond within a reasonable period after the request is made.

Correcting personal information

We endeavour to take reasonable steps to ensure that the personal information that we collect, use or disclose is accurate, up to date, complete, relevant and not misleading.

If you believe that any of the personal information that we hold about you is not accurate, complete, up-to-date or is misleading please contact us.

If we agree that the personal information requires correcting we will take reasonable steps to do so.

If we do not correct your personal information we will provide you with the reasons for not doing so. If you request that we associate with the information a statement claiming that the information is not accurate, complete and up-to-date we will take reasonable steps to comply with this request. 

Reporting breaches

We have administrative processes in place which are designed to identify breaches of privacy law and ensure that we notify to regulators those breaches which are required to be notified. See our Policy | Breaches and whistle blowing.

Acting reasonably

We may take and may act (or not act as relevant) on any advice, information and documents which we have no reason to doubt as to authenticity, accuracy or genuineness.

About this document

This Part of this document is the privacy policy for Pellucid. It is current as at the date on the front cover. If you would like a copy, contact us and we will email or post it to you free.

We may make changes to information handling and privacy policies and practices and this Privacy Policy Statement. We will publish important changes on our web site and if necessary update this Privacy Policy.

Changes

We may make changes to information handling and privacy policies and practices and this privacy policy.

We will publish important changes on our web site and if necessary update this document.

Privacy Officer

We have appointed Steve Essa as the Privacy Officer. Their role is to:

  • ensure our systems are consistent with this document,
  • recommend changes as needed,
  • manage enquiries and complaints, and
  • ensure it is understood by our officers.

Questions and complaints

You can obtain further information about the way in which we manage personal information that we hold, or you can raise any privacy issues with us (including any concerns you may have about breaches of the Australian Privacy Principles), by contacting us in writing: 

The Privacy Officer
Beacon Investment Publishing Pty Ltd
7/30 Bronte Street,
East Perth, WA, Australia 6004
Email: info@reliabletrading.com.au