Privacy policy – Astute:Adviser

Astute Wealth Advice Privacy Policy Statement

1. Objective of Policy

1.1 The objective of this Policy is to protect the privacy of individuals dealing with Us and to explain how We collect, use, disclose and store Personal Information in accordance with the APPs. This Policy also describes why We collect Personal Information and how You can access and correct Personal Information about You. This Policy does not cover information collected about employees.

1.2 This Policy is also intended to inform You particularly about the type, scope, purpose, duration, and legal basis for the Processing of such Personal Information either under our own control or in conjunction with others.

2. Type of Personal Information collected

We may collect Personal Information or opinions about You in the normal course of Our dealings with You. This Personal Information is collected in order to conduct business with You. The Personal Information may include Your name, gender, contact details, IP address, bank and credit card details, employment situation, financial information or other information that is required by Us to conduct business with You. No Sensitive Information will be collected without Your consent.

3. How We collect Personal Information

3.1 We collect Personal Information, directly from You by such means as company forms, credit applications, contracts, phone enquiries, mail, email or when You access Our Website.

3.2 Personal Information provided to Us will always be handled by Us in accordance with this Policy and the APPs, regardless of who provides it.

4. Purposes for which Personal Information is collected

4.1 Personal Information will only be Processed by Us to the extent necessary and only for the Primary or Secondary Purposes.

4.2 We collect Personal Information for one or more of the Primary Purposes.

4. 3 We also collect Personal Information for one or more of the Secondary Purposes but only if it is related to one or the other of the Primary Purposes.

5. Notification of collection of Personal Information

If Personal Information about You is collected from someone other than You and if We are notified that You are not aware that We have collected the Personal Information then We will take reasonable steps to notify You that the Personal Information has been collected and will be dealt with in accordance with this Policy and the APPs.

6. Consent

Through our dealings with You, You also give Your consent to the Processing of your Personal Data for one or more of the Primary Purposes and the Secondary Purposes.

7. Use or disclosure of Personal Information

7.1 We provide services to Our customers and licensees. In order to obtain these services, You will need to submit Personal Information to Us. However, Personal Information provided by You for the purpose of obtaining any services may be tracked, edited and/or disclosed in order to:

1. 1. provide You with the services You have requested;
   2. help Us develop, improve, manage and administer the services We provide to You;
   3. comply with the law;
   4. investigate, respond to and defend claims made against, or involving Us;
   5. enforce a contract or agreement You have with another party; and/or
   6. enforce a contract or agreement which We have with You.

7.2 We may also use or disclose Your email address or other contact details to third parties to:

1. 1. send You follow-ups on services You have enquired about; and
   2. keep You informed of changes to the services offered by Us.

7.3 We also use the Personal Information that We collect for other purposes such as providing customer support, market research and obtaining references, and informing You about other services that We believe may be of interest to You.

7.4 We will only disclose Your Personal Information to persons or bodies external to Us where permitted by the Act, including in the following circumstances:

1. 1. where You consent to the disclosure; and
   2. where required by law such as under a subpoena issued by a court.

7.5 Some of the uses described above will require disclosure of Your Personal Information to Third Parties. We will require that any Third Parties to whom We disclose Personal Information only uses that information for the purposes for which We disclosed it to them and on the basis that they will comply with their privacy obligations.

7.6 Although We seek to deal with reputable third parties, We cannot control, and will not be liable for, any use of Your Personal Information by any third party to whom Your Personal Information is sent with Your consent.

7.7 We do not disclose any Personal Information to overseas recipients unless You consent to the disclosure or where required by law.

8. Direct Marketing

We may use or disclose the Personal Information for direct marketing purposes to inform You of, among other things, Our services or with information which may be of particular interest to You or Your business. If We have received Personal Information about You from third parties, We may use or disclose it for direct marketing if You have consented to receiving direct marketing or it is impracticable to obtain that consent. We will also give You the opportunity to opt out of receiving direct marketing communications. We do not disclose Your Personal Information to any third party for the purposes of allowing them to market their products or services to You.

9. Security of Personal Information

9.1 We maintain the security of digital records through password protection, firewalls, network security, and restricting and monitoring access to Personal Information. However, no data transmission over the internet or information stored on servers accessible through the internet can be guaranteed to be fully secure. We cannot and do not guarantee that Your information sent from Your computer to Us over the internet will be protected by any form of encoded software. We do not warrant the security or privacy of your Personal Information which transmitted by You to Us at Your own risk.

9.2 We also maintain security over physical records through storing the records in locked offices and restricting access only to authorised personnel.

10. Retention of Personal Information

We generally retain Personal Information for a period of 7 years from the time Our dealings with You become inactive. Ordinarily, We will destroy the Personal Information held at the end of 7 years or any reasonable time thereafter.

11. Your rights

11.1 With regard to the Personal Information Processing as described in more detail below, You have the right:

1. 1. to confirmation whether data concerning You is being Processed and also information about the data being Processed, further information about the nature of the data Processing, and copies of the data;
   2. to correct or complete incorrect or incomplete data by providing any necessary documentation. Details may be supplied to Us by using any of the contact details provided in this Policy;
   3. to the immediate deletion of data concerning You or, alternatively, if further Processing is necessary, to restrict the Processing in a reasonable manner;
   4. to receive copies of the data concerning You and/or provided by You and to have the same transmitted to other providers/controllers;
   5. to file complaints with the Company if You believe that data concerning You is being Processed by Us in breach of data protection provisions; and
   6. to object to Our future Processing of Your Personal Data.

11.2 In addition, We are obliged to inform all recipients to whom We disclose data of any such corrections, deletions or restrictions placed on Processing the same. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, You have a right to information about these recipients.

12. Access to Personal Information

12.1 You can request Us for Personal Information that We hold about You if it is stored by Us. The information will be provided within a reasonable time after receiving Your request. We will also provide a copy of the Personal Information undergoing Processing. For any further copies requested by You, We may charge a reasonable fee based on administrative costs.  Where You make the request by electronic means, and unless otherwise requested by You, the information will be provided in a commonly used electronic form.

12.2 Requests for Personal Information may be sent to Us using any of the contact details provided in this Policy.

12.3 We may refuse to give access to Personal Information under certain circumstances, where:

1. 1. the rights and freedoms of others are adversely affected; or
   2. the request is manifestly unfounded or excessive.

12.4 If We refuse to provide Personal Information, We will provide written notice to You within a reasonable time and that sets out the reasons for refusal unless it is unreasonable to do so.

13. Quality of Personal Information

We are committed to ensure that the Personal Information collected or used or disclosed is reasonably accurate, up-to-date and complete.

14. You may seek correction

If You become aware that the Personal Information stored by Us is wrong, You have the right to have such Personal Information rectified. This facility is provided free of charge to You. You may rectify the Personal Information by providing any necessary documentation. Such details may be supplied by using any of the contact details provided in this Policy. The Personal Information will be corrected within a reasonable time after receiving all necessary documents.

15. Notification of correction

If We correct Personal Information about You that We previously disclosed to another organisation and if You request Us to notify that other organisation of the correction, We will take reasonable steps to give that notification unless it is impracticable or unlawful for Us to do so.

16. Anonymity

The APPs allow You to deal with Us without the need to identify Yourself or by using a pseudonym. However, considering the nature of Our business, it is impracticable for Us to deal with You if You have not identified Yourself. If We are not able to collect Your Personal Information, We may not be able to provide appropriate services to You or do business with You or any person and/or organisation with which You are connected.

17. Privacy complaints and enquiries

We welcome feedback about privacy issues and will endeavour to attend to all questions and complaints promptly. You can contact Us about any privacy issues. If You are not satisfied with Our response, a complaint can be lodged with the Australian Information Commissioner at http://www.oaic.gov.au/privacy/making-a-privacy-complaint or You can call the OAIC enquiries line on 1300 363 992.

18. Definitions

18.1 In this Policy:

18.1.1. “Act” means the Privacy Act 1988 (Cth).
18.1.2. “APPs” means the Australian Privacy Principles as set out in Schedule 2 of the Act.
18.1.3. “Company” means Astute Wealth Advice Pty Ltd ACN 150 511 194
18.1.4 “Identified or Identifiable Natural Person” is someone who has been or can be identified, directly or indirectly, particularly by reference to an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.
18.1.5 “OAIC” means Office of the Australian Information Commissioner.
18.1.6 “Personal Data” means any information relating to an Identified or Identifiable Natural Person.
18.1.7 “Personal Information” means information including Personal Data, or an opinion, 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. Examples include but are not limited to name, address, phone number, email address, birth date, credit card number, bank account number, location, occupation, physical traits, hobbies, usage patterns, family members, income and interests.
18.1.8. “Policy” means this privacy policy.
18.1.9. “Primary Purposes” means any or all of:

1. 1. providing Our services to You;
   2. responding to Your enquiries;
   3. licensing products, services and materials;
   4. selling and related activities;
   5. providing customer support;
   6. conducting Our day to day business;
   7. developing products, services and materials; 18.1.8. receiving feedback and dealing with complaints;
   8. direct marketing services; and
   9. providing Our publications and other information.

18.1.10. “Processing” means any operation or set of operations which is performed on Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction, and “Process” has a corresponding meaning.
18.1.11 “Secondary Purposes” means any or all of:

1. 1. uses that are directly related to the Primary Purposes;
   2. confidential alternative dispute resolution processes;
   3. the establishment, exercise or defence of a legal or equitable claim;
   4. Our having reason to 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; and
   5. Our being authorised by or under an Australian law or a court/tribunal order.

18.1.12 “Sensitive Information” includes information about Your racial or ethnic origin, health, religious beliefs, criminal record, membership of a trade union or membership of a professional or trade association.
18.1.13 “We” and “Us” means the Company, and “Ours” has a corresponding meaning.
18.1.14 “Website” means the whole or any of the web pages located at https://www.astutewheel.com.au/.
18.1.15 “You” means an individual dealing with Us, and “Your” and “Yourself” have corresponding meanings.

18.2 Other words and phrases in this Policy have the same meaning as in the Terms and Conditions unless the context requires otherwise.

16. Contact details

Contact person: Michael Topper
Designation: Director
Email: enquiries@astutewheel.com.au
Telephone: 02 94 533 588
Post: PO Box 360, North Sydney NSW 2059 Australia

17. Date this Policy was last amended

8 February 2022