DJ Carmichael Pty Limited (DJC) maintains information about its clients in order to assist in servicing their needs. This information falls under the Privacy Act and will therefore be accessible for clients to review. We treat this information with the high levels of respect and care with which we treat all client information.
The Australian Privacy Principles (“APPs”):
- Regulate how organisations collect, use and disclose information;
- Require organisations to keep information secure, accurate and up-to-date; and
- Give individuals the right to access information which is held about them and to amend any incorrect information.
What Personal Information is Collected?
As an Australian Financial Services Licensee, we are subject to certain legislative and regulatory requirements which necessitate us obtaining and holding detailed information which personally identifies you and/or contains information about you (“personal information”). In addition, our ability to provide you with a comprehensive advice service is dependent on us obtaining certain personal information about you, including:
- details of your current financial circumstances, including your assets and liabilities, income and expenditure;
- details of your financial needs and objectives;
- employment details and employment history;
- details of your investment preferences and aversion or tolerance to risk.
Consequences of Not Providing the Requested Personal Information
Failure to provide the personal information referred to above may expose you to higher risks in respect of the recommendations made to you and may affect the adequacy or appropriateness of advice we give to you.
How we collect your information
Generally, collection of your personal information will be effected in either face-to-face interview, over the telephone, via the internet, documents you give us or from transactions you make. From time to time additional and/or updated personal information may be collected through one or more of those methods. We may also collect information from third parties, including information service providers, public sources and agents.
We will only collect, maintain and use personal information about you if it is necessary for us to adequately provide services to you, including:
- advice regarding your investment portfolio;
- making securities and investment recommendations;
- reviewing your investment portfolio;
- reviewing securities and investment recommendations.
If any of the information we have about you appears not to be correct, please contact your Adviser immediately or the Privacy Officer and we will take reasonable steps to correct it if we agree that it is incorrect.
Information Use and Disclosure Policies
We will not use or disclose Personal Information collected by us for any purpose other than:
- the purposes for which it was provided or secondary related purposes in circumstances where you would reasonably expect such use or disclosure; or
- where you have consented to such disclosure; or
- where the APP’s authorise use or disclosure where required or authorised under law; in circumstances relating to public health; and safety and in connection with certain operations by, or on behalf of, an enforcement body.
We may be required by various Australian regulatory authorities to make certain information available for inspection on request to ensure ongoing compliance with mandatory regulations and laws.
This may involve the disclosure of your personal information. We are also obliged, pursuant to the Corporations Act, to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission.
We may use the personal information collected from you for the purpose of providing you with direct marketing material, such as articles that may be of interest to you. However, you may, by contacting us by any of the methods detailed below, request to ‘Opt Out’ of receiving such material and we will give effect to that request. Please allow up to two weeks for your request to be actioned.
Document Storage and Security Policies and Practices
Your personal information is held in physical and electronic records, which may include storage using our online service providers. Information is also held in a computer database. We will take reasonable steps to ensure that the personal information collected and held by us is protected from misuse, loss, unauthorised access, modification or disclosure. At all times your personal information is treated as confidential.
In the event you cease to be a client of this organisation, any personal information which we hold about you will be maintained in a secure off site storage facility for a period of up to seven years in order to comply with legislative and professional requirements, following which time the information will be destroyed.
Trans-border data flows and disclosure
In the course of business we may transfer personal information to third parties such as related entities, service providers and regulatory bodies in foreign jurisdictions. DJC will take reasonable steps to ensure these third parties treat the information in accordance with the APP’s. However, DJC makes no representations or warranties in this regard. This may mean that in relation to information sent to foreign parties, you will not have the protections or restitution under the Privacy Act. By agreeing to use DJC’s services and accepting its Terms and Conditions, you consent to DJC being able to make the disclosure to parties noted above.
How You May Gain Access to Your Personal Information
You may at any time, by contacting us by any of the methods detailed below, request access to your personal information and we will (subject to the following exceptions) provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested or providing you with an accurate summary of the information held. We will, prior to providing access in accordance with this policy, require you to provide evidence of your identity. We will not provide you with access to your personal information if:
- providing access would pose a serious threat to the life or health of a person;
- providing access would have an unreasonable impact on the privacy of others;
- the request for access is frivolous or vexatious;
- the information relates to existing or anticipated legal proceedings between us and would not be discoverable in those proceedings;
- providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
- providing access would be unlawful;
- denying access is required or authorised by or under law;
- providing access would be likely to prejudice certain operations by or on behalf of an enforcement body or an enforcement body.
In the event that we refuse you access to your personal information, we will endeavour to provide you with an explanation for that refusal.
Access and Correction Policies and Procedures
We will endeavour to ensure that, at all times, the personal information about you which we hold is up to date and accurate.
In the event that you become aware, or believe, that any personal information which we hold about you is inaccurate, incomplete or outdated, you may contact us by any of the methods detailed below and provide to us evidence of the inaccuracy, incompleteness or out datedness and we will, if we agree that the information requires correcting, take reasonable steps to correct the information. We will endeavour to respond to any request for access within 14-30 days, depending on the complexity of the information and/or the request. If your request is urgent, please indicate this clearly.
How You Can Make a Privacy Complaint
Risks of Using the Internet
While it is not necessary to register your personal details to use our website, we do offer a registration service which will enable you to access our Members Area; receive product and service updates; newsletters; and other information. In the event that you do register with us, we will collect personal information from you including your name, address, client account number (where applicable), contact telephone numbers and e-mail address.
Changes to this Policy
This Policy is subject to change from time to time. This may be the result of changes in Privacy legislation or our internal policies. We will publish any updates to this Policy by making the updated Policy available on our website. A hard copy of this policy is also available upon request.