Your Personal Information
As a financial service provider, Capstone is subject to certain legislative and regulatory requirements under s961B of the Corporations Act 2001 and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. These require us to obtain personal information about you including: • your name, contact details, date of birth, tax file number; • information regarding your dependants and family commitments; • your occupation and employment history; • your financial needs and objectives; • your assets, liabilities, income, expenses, insurances and social security entitlements.
How We Collect Personal Information
Capstone collects personal information directly from you or from third parties once authorisation has been provided by you. You have the right to refuse us authorisation to collect such information from a third party.
How We Use Your Personal Information
Primarily, your personal information is used to provide advice to you. We may also use the information that is related to the primary purpose and it is reasonable for you to expect the information to be disclosed. From time to time, we may provide you with direct marketing material. If, at any time, you do not wish to receive this information any further, you may contact us with this request. We will endeavour to meet your request within 2 weeks. We maintain a Register for those individuals not wanting direct marketing material.
When We May Disclose Your Personal Information
In line with modern business practices common to many financial institutions and to meet your specific needs, we may disclose your personal information to the following organisations: • superannuation fund trustees, insurance providers, fund managers and other product providers in order to manage or administer your product or service; • compliance consultants; • paraplanning contractors or temporary staff to handle workloads during peak periods; • mailing houses; • insurance reference bureaus and loss adjusters; • your professional advisers, including your solicitor or accountant as authorised by you; • information technology service providers; • another Authorised Representative of Capstone if necessary; • a potential purchaser/organisation involved in the proposed sale of our business for the purpose of due diligence, corporate re-organisation and transfer of all or part of the assets of our business. Disclosure will be made in confidence and it will be a condition of that disclosure that no personal information will be used or disclosed by them; • a new owner of our business that will require the transfer of your personal information; • Government and regulatory authorities, as required or authorised by law. Our employees and the outsourcing companies/contractors are obliged to respect the confidentiality of any personal information held by Capstone. As a Professional Partner of the Financial Planning Association of Australia, we are required to meet a level of professional standards. From time to time, we may need to provide the Association with access to your personal information to ensure that we are meeting our compliance requirements. The Corporations Act 2001 has provided the Australian Securities and Investments Commission with the authority to inspect certain personal information that is kept on our files about you. We collect information about you for the purpose of reporting to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. Capstone operates throughout Australia and takes its obligations to protect your personal information seriously. We believe that it is unlikely that we will disclose any personal information to overseas recipients. Where this may occur, we may obtain your prior consent.
How We Store and Secure Your Personal Information
We keep your personal information in your client files or electronically. These files are accessible to authorised personnel only and are appropriately secured and subject to confidentiality requirements. Personal information is treated as confidential information and sensitive information is treated as highly confidential. It is a legislative requirement that we keep all personal information and records for a period of 7 years. Should you cease to be a client of ours, we will maintain your personal information on or off-site in a secure manner for 7 years. After this, the information will be securely destroyed.
Ensure Your Personal Information Is Correct
Capstone takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. To ensure we can maintain this level of accuracy and completeness, we recommend that you: • inform us of any errors in your personal information; and • update us with any changes to your personal information as soon as possible. If you provide inaccurate or incomplete information we may not be able to provide you with the products or services you are seeking.
Access to Your Personal Information
You have a right to access your personal information, subject to certain exceptions allowed by law. We ask that you provide your request for access in writing (for security reasons) and we will provide you with access to that personal information. Access to the requested personal information may include: • providing you with copies; • providing you with the opportunity for inspection; or • providing you with a summary. If charges are applicable in providing access to you, we will disclose these charges to you prior to providing you with the information. Some exceptions exist where 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 is related 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 requests that access not be provided on the grounds of national security. Should we refuse you access to your personal information, we will provide you with a written explanation for that refusal.
Using Government Identifiers
Although in certain circumstances we are required to collect government identifiers such as your tax file number, Medicare number or pension card number, we do not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.
Dealing with us anonymously
You can deal with us anonymously where it is lawful and practicable to do so. For example, if you telephone requesting our postal address.
Your sensitive information
Without your consent we will not collect information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of professional or trade associations, membership of a trade union, details of health, disability, sexual orientation or criminal record. This is subject to some exceptions including when: • collection is required by law; and • the information is necessary for the establishment, exercise or defence of a legal claim.
Capstone’s website may provide links to third party websites. The use of your information by these third party sites is not within our control and we cannot accept responsibility for the conduct of these organisations. Other websites are not subject to our privacy standards. You will need to contact or review those websites directly to ascertain their privacy policies. You may register with us to receive newsletters and other information. By doing so, your name and email address will be collected and stored on our database. We take care to ensure that the personal information you give us on our website is protected. For example, our website has electronic security systems in place, including the use of firewalls and data encryption. If you do not wish to receive any further information from us or you wish to update your registration details, please email your request to us. We will endeavour to meet your request within 5 working days. Our Website utilises cookies to provide you with a better user experience. Cookies also allow us to identify your browser while you are using our site – they do not identify you. If you do not wish to receive cookies, you can instruct your web browser to refuse them.
Please contact our Privacy Officer on (03) 8622 0700 if you wish to complain about any breach or potential breach of your privacy rights. Your complaint will be responded to within 7 days. If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner. Version 3.0 April 2018 Capstone Financial Planning Pty Ltd | Australian Financial Services Licence No.223135 | ABN 24 093 733 969 Level 14, 461 Bourke Street, Melbourne VIC 3000 | Office: (03) 8622 0700 | Fax: (03) 8622 0799 | 1300 306 900 | Email: firstname.lastname@example.org | www.capstonefp.com.au