Phillip Capital Holdings Pty Ltd ABN 76 053 171 725 and its subsidiaries Phillip Capital Limited ABN 14 002 918 247, and Phillip Asset Management Limited ABN 94 064 847 669, Phillip Services Pty Ltd ABN 54 155 499 844 (together “PhillipCapital”) understand and appreciate that the privacy of Personal Information that PhillipCapital may collect about you is important.
PhillipCapital is committed to protecting your privacy in accordance with the applicable Australian privacy laws. Where a PhillipCapital company collects your Personal Information from another PhillipCapital company, it will have the same primary purpose for which it was collected originally.
PhillipCapital is committed to providing you with high quality financial services in a secure and confidential manner. PhillipCapital complies with the Privacy Act 1988 (Cth), Privacy Regulations 2013 and the Australian Privacy Principles when handling your Personal Information.
The Policy describes the types of Personal Information we may collect about you, the purposes for which we use the information and the circumstances in which we may share the information and the steps that we take to safeguard the information to protect your privacy.
This Policy is available on the PhillipCapital website at www.phillipcapital. com.au or you can request a copy by contacting our Privacy Officer at the contacts below.
What is Personal Information
Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
Sensitive information is a subset of Personal Information that is generally afforded a higher level of privacy protection and includes information about health, racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation, biometric information and templates, criminal record and membership of political, professional or trade associations or trade unions.
We would normally not collect sensitive information about people requesting our products or services, although we may request it from employees and applicants for employment; eg criminal record and professional associations, or from individuals wishing to provide services to us.
We will only collect sensitive information where it is reasonably necessary and where we have your consent or where we are legally required to.
Acknowledgement and consent
If you are providing Personal Information about another person, eg. director of a company, you must ensure that you have the person’s consent and that you inform that person that you will provide that information to us. You acknowledge that we may be required to, or wish to, contact the person whose Personal Information was provided in order to confirm its accuracy.
What Personal Information we collect about you
The types of information that PhillipCapital has collected, or may collect, and hold will include (but are not limited to) information required by government bodies by law to identify you, your financial position and objectives, your tax status and jurisdiction, your political involvement (in certain instances) and any other information that may be applicable to the services and products you use.
Typically we may collect the following types of Personal Information about you:
– personal details, such as name, date of birth, age, gender, citizenship, occupation and marital status
– contact details such as current and previous addresses, telephone, email and in some cases both private and work related contact details
– identification documents, such as your driver license, passport or other photographic government issued documents
– a personal identifier such as Tax File Number, your tax residency/ies and your tax identification number in overseas jurisdictions.
– a Medicare Number, National Identity Card, Social Security number
– personal details relating to your immediate family members and details relating to any senior political figures (e.g. senior military or government official) to whom you are connected for private clients, extensive financial information, including source of wealth, investment experience and objectives, risk tolerance and, in certain jurisdictions, representations required under applicable law or regulation concerning your financial resources, and for employees, data obtained during the recruitment process.
Why we collect Personal Information about you
If you deal with PhillipCapital as a private client or otherwise in your individual capacity; eg relating to a trust or investment vehicle established to invest on your behalf, or if you deal with PhillipCapital in the capacity of an officer, member, director and or principal of one of our corporate or institutional clients we are required to collect certain Personal Information to identify you under various legislation.
How we collect Personal Information from you
The Personal Information we collect about you comes primarily from information that you provide directly to us during the course of your relationship with us and where you have consented or where we are required or authorised by law to do so.
For private clients, we typically obtain Personal Information about you from the documents used when you apply for an account with us, from your transactions with us, from your access to our products and services, from third parties who provide services to you such as your financial adviser, financial planner, accountant or other professional adviser, or from a third parties authorised to provide us with such information such as credit reporting bodies, other credit providers or other agencies used for running due diligence checks.
Security of your information requires your compliance with our rules about passwords, usernames, Pins and other identifiers to enable you to access our portals. These identifies are personal to you and should not be made available to any other person. Also you should discontinue their use and notify us immediately if you have any reason to suspect that someone else may be using them. This will assist us to avoid fraudulent activity on your account. For employees or applicants for employment, we typically obtain Personal Information about you from your resume or job application or, from previous employers or nominated referees, credit reporting bodies and other credit providers or other agencies used for running due diligence checks.
For individuals wishing to provide services to us we typically obtain Personal Information about you from your employer, credit reporting bodies, and other credit providers or other agencies used for running due diligence checks. We also collect Personal Information when we monitor or record our communications with you through use of certain technology.
Use and disclosure of Personal Information
The purposes for which PhillipCapital uses your information will vary depending on the PhillipCapital services and products you have applied for or use, and the relationship which you have with us. By providing your Personal Information to PhillipCapital, you consent to our use of your Personal Information for any purpose which is related to the purpose for which such information has been provided to PhillipCapital.
Your Personal Information may be disclosed to third parties if it is related to the purposes for which your Personal Information was collected, with your consent or as authorised or required by law.
We may disclose your Personal Information to the following third parties, as distinct from the employee of PhillipCapital to whom you have provided your Personal Information: – your financial adviser, margin lending facility provider, other financial services provider providing services to you or your custodian or investment manager where applicable
– any employee of PhillipCapital or any of its affiliates worldwide – any third party service providers carrying out functions for or on behalf of PhillipCapital or any of its affiliates worldwide
– any person acting on your behalf including your solicitor, accountant, executor, administrator, trustee or guardian
– government agencies, courts of law, tribunals or regulators (examples include: in connection with a subpoena or order with which an employee of PhillipCapital must comply, or a regulatory investigation conducted
– by an Australian regulator of PhillipCapital), and/or
– any other third party with your consent or where authorised or required by law.
Depending on the connection which a member or employees of Phillip Capital has/have with you, we may use and disclose your Personal Information for the purposes of:
– providing you with products, services or information in accordance with your requests or reasonable expectations
– administering any accounts you hold with PhillipCapital or any of its affiliates
– enabling PhillipCapital or any of its affiliates to ascertain whether or not they have other services or products which may foreseeably meet your needs or may be of interest to you, and to notify you about these
– the research, planning, product development, risk assessment, risk modelling and marketing conducted by PhillipCapital, or any of its affiliates
– where you have not requested that any marketing communications sent to you, direct marketing of any products or services which PhillipCapital decides may be of interest to you
– identity verification and customer due diligence purposes
– the prevention and detection of money laundering and terrorism financing
– determining whether you have any history of defaulting on payment or delivery of securities
– background checking and verification in connection with recruitment
– compliance with laws including but not limited to the Corporations Act 2001 (Cth), the Anti-Money Laundering and Counter Terrorism- Financing Act 2006 (Cth), the Foreign Account Tax Compliance Act (FATCA)(US2010), the Tax Laws Amendment (Implementation of the Common Reporting Standard) Act 2016 and Regulations, the Proceeds of Crime Act 1987 (Cth), the ASIC and the Chi-X Market Integrity Rules, any rules of relevant stock exchanges in Australia, and any associated Acts and Regulations enacted pursuant to those Acts and regulations named above
– any other purpose to which you have consented, or disclosure where required or authorised by law.
We may also disclose your Personal Information to fulfill your instructions, to protect our rights and interests and those of our business partners or pursuant to your express consent.
Consequences if you do not consent to the collection or use of some or all of your Personal Information
Where you do not consent or do not provide to PhillipCapital some or all of your Personal Information, depending on your relationship with such employee(s) and the products or services for which you are applying, PhillipCapital may not be able to process your application or provide you with any of the requested products or services. Where such failure to provide Personal Information constitutes suspicious activity under relevant law, PhillipCapital may be required to report such failure to the relevant authorities.
Cross border disclosure of Personal Information – transferring your information outside Australia
Given the global nature of the Phillip businesses, and given our strong links with our international Phillip companies which currently have a presence in 16 countries depending on the products or services we provide to you and to effectively provide you financial services, your information may be disclosed to international Phillip companies and their third party service providers carrying out functions on behalf of international Phillip companies.
If we disclose your Personal Information outside Australia, we comply with trans-border data flow privacy standards under the relevant Privacy Act, for example, by taking reasonable steps to:
– ensure that the recipient does not breach Australian Privacy Principles
– protect information being held, used or disclosed by the recipient, and
– ensure that the recipient is subject to substantially similar privacy laws as Australia or where that recipient is not
– that you have consented to such disclosure.
Employee record exemption
Use of the PhillipCapital website
Security of your information requires your compliance with our rules about passwords, usernames, Pins and other identifiers to enable you to access our portals. These identifiers are personal to you and should not be made available to any other person. Also you should discontinue their use and notify us immediately if you have any reason to suspect that someone else may be using them. This will assist us to avoid fraudulent activity on your account.
Security of your Personal Information
PhillipCapital takes reasonable steps to preserve the security of Personal Information it collects. Personal Information of clients, applicants and any other individuals are held in a secure environment in writing, electronically, or both. We have implemented security procedures, controls and protocols across all of our physical premises and electronic environments to ensure that Personal Information is protected from interference, loss, misuse, un-authorised access, modification, or disclosure.
All stored client information is protected from un-authorised access through the use of secure passwords and user log-on or other security procedures. Password and log-on details are subject to password protection and we recommend you do not divulge your password, log-on or other access details to anyone. PhillipCapital cannot guarantee or accept responsibility for the privacy practices or the content of website to which we provide links.
Please let the PhillipCapital Privacy Officer know if you become aware of any security breach.
Access and updating of information
PhillipCapital takes reasonable steps to ensure that the Personal Information which we collect, use and disclose is accurate, complete and current. You are able to make a request to access and update the Personal Information that we hold about you. Please provide us with as much detail as possible to assist us to retrieve the Personal Information which you have requested. In accordance with privacy laws a reasonable fee may be charged to cover our costs of providing access to you.
Precaution to assist us in preventing the unauthorised disclosure of your Personal Information. We will process your request within the time provided by applicable law.
To access or amend Personal Information that PhillipCapital holds you should write to the Privacy Officer as detailed below and the Privacy Officer will respond to your request within a reasonable period after your request is made and, if it is reasonable and practicable to do so, provide you with access to your Personal Information in the manner you requested.
Please be aware, in certain circumstances, PhillipCapital may not be required to provide you with access to, or the ability to correct, your Personal Information. If such a decision is made, we will provide you with a written notice setting out our reasons and other available options for you.
If you have a privacy related complaint or wish to complain about a possible breach of the Australian Privacy Principles by PhillipCapital, please contact the Privacy Officer at the contacts below and, if requested, complete a written complaint explaining the circumstances of your complaint, how you believe your privacy has been interfered with and how you believe your complaint should be resolved.
We will endeavor to acknowledge the Complaint within 7 business days from receipt and advise you who is managing your complaint. We will investigate your complaint and in most cases a response and possible remedy to a complaint will be provided within 30 days of receipt of the Complaint. We will advise you of any delay in the response. Throughout the dispute resolution process, we will ensure that we provide you with the opportunity to communicate with us and negotiate and we will attempt to resolve your complaint in a fair and reasonable manner.
You may also apply to Office of the Australian Information Commissioner (OAIC) on 1300 363 992 or by email at email@example.com to have your complaint heard and determined or you may apply to an external dispute resolution service.
Amendments to this Policy
The revised policy will be effective immediately upon posting to our website.
How you can contact us
If you have any questions or feedback about this Policy or any complaints about our collection, storage or handling of your Personal Information, please contact the Privacy Officer in writing at any time by using the contact details below.
Our Contact details PhillipCapital Privacy Officer Level 5, 45 William Street, Melbourne VIC 3000
PO Box 628 Collins Street West VIC 8007
Telephone +61 3 8633 9800 Facsimile +61 3 8526 0399