Privacy Policy

Client Information 

1. Statement of Policy

1.1 Objectives

This Privacy Policy deals with the collection, security, use and disclosure of personal information gathered by Tidswell Financial Services Ltd (TFSL) AFS Licence No: 237628, pursuant to the Privacy Act 1988 (Cth) (Privacy Act) including the Australian Privacy Principles (APPs).

TFSLis committed to ensuring the confidentiality and security of any of your personal information that is disclosed to TFSL.

1.2 Application

This Policy explains how the TFSL may collect, use, share and retain information about you and the choices you have in relation to the collection and use of your personal information.

1.3 Amendments

Any amendments to this Privacy Policy will be posted on our website.

2. Collection of Personal Information

TFSL collects personal information through a variety of methods and contact points during its business. In some cases, we may also collect personal information through third parties or intermediaries.

The type of information collected may include the following:

• Name, gender and date of birth;
• Contact details;
• Tax File Number and taxation records;

 
When you visit our website, we may use ‘cookies’ or similar technologies to collect data. A cookie is a small file, typically of letters and numbers, downloaded on to a device when you access a website. Our website collects the following information from users:

• your server address;
• your top-level domain name (e.g., .com, .gov.au, )
• the date and time of your visit to the site;
• the pages you accessed;
• the previous site you have visited; and
• the type of browser you are

 
In addition, we may have to collect certain information about you where we are required to do so by law. This includes Australian Anti-Money Laundering and Counter-Terrorism law, which affects financial institutions, and requires us to collect personal information to verify your identity and ascertain whether you might be a politically exposed person or a high risk from an anti-money laundering perspective, prior to providing certain services to you.

2.1 Anonymity

The Privacy Act allows you to choose to remain anonymous or use a pseudonym in your dealings with TFSL. For example, you may choose not to provide your name or contact details if enquiring about a product or service. However, this option will not be available to you where it is impractical for us to provide a service or product without verifying your identity.

2.2 Unsolicited Information

There may be instances where TFSL comes into possession of personal information that it has not requested. If this occurs, we may be permitted to record or use this information if the information could have been collected through the ordinary course of our business for the purposes of providing you the financial service or financial product. However, if the information would not have been collected through the ordinary course of our business, we will destroy or de-identify any information.

3. Management of Personal Information

Personal information that is collected may be stored electronically or in hard copy form. Such personal information may be held directly by us or by an administrator, or by a third party, which we have engaged to provide services.

We have implemented processes and systems to ensure that personal information is protected and used only for the purposes for which it was collected. This acts to prevent the unauthorised use or disclosure of personal information to third parties.  We ensure that:

• Database system access is controlled via secure access controls including password complexity, Multi-Factor Authentication (MFA), and a 30-day password refresh policy exists for heightened security.
• Third party application security is reflected in sourcing agreements to reflect relevant privacy law obligations;
• Internal access to client records including government related identifiers such as tax file numbers and our databases is restricted based on employees’ roles and responsibilities;
• Authorisation processes are in place for change to access;
• Password encryptions and regular changes apply; and
• Client records in hard copy format are secured and archived where

 
TFSL may be required to hold personal information for a specific period in accordance with applicable legislation and regulations. In cases where we are no longer required to maintain records, personal or sensitive information and do not need to rely on the information, we will promptly and securely destroy or de- identified. Where the records are held by a third party, we will take reasonable steps to ensure the personal information is destroyed or de-identified.

4. Use and Disclosure of Personal Information

We collect, hold, and disclose your personal information for the following purposes:

• as a necessary part of providing our services to you;
• to promote and market our products and services to you or provide you with information that we believe may be of interest to you (unless as directed otherwise);
• to help us research the needs of our customers and to market our services with a better understanding of your needs and the needs of customers generally;
• to allow us to provide advertising material to you regarding us, our clients, and other business partners (unless as directed otherwise); and
• other purposes related to any of the

 
We will only use your information for the purposes for which it was collected (primary purposes) or a purpose related to the primary purpose, if this use would be reasonably expected by you, or otherwise, with your consent.

4.1 Disclosure to Third Parties

We may disclose your information to necessary third parties, who assist us to provide, manage and administer our financial products and services. Information provided to third parties will be dealt with in accordance with that entity’s privacy policy. People we may disclose your information to include:

• third parties that provide goods and services to us or through us;
• third parties, such as marketing and digital agencies, who may send to you our e- newsletters on our behalf; and
• our website host or software application providers.

 
We will only disclose your personal information to a third party if:

• you have provided consent to the disclosure to us or the third party; or
• the disclosure is related to the purpose for which it was collected; or
• it is required by law or order of an Australian court or tribunal; or
• exceptional circumstances apply, such as an imminent risk to health or of criminal

 
Provided the disclosure is only of information relevant to the service, this will relate to the primary purpose for which the information was collected which was the provision of an investment management service.

We may need to share some of your information with organisations outside of Australia. We may also store your information in networked or electronic systems, such as the cloud. Because the cloud can be accessed from various countries through an internet connection, it may not always be practicable to know in which country your information is being accessed through. If your information is stored in the cloud, disclosures may occur in countries other than Australia and we are legally responsible for any data losses and breaches.

We will not disclose information to an overseas recipient unless:

• we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles,
• we have obtained consent from the individual and/or entity, and/or
• the disclosure is required or permitted by
   

4.2 Providing Access to Personal Information

You are entitled to have access to and seek correction of any personal information that we may hold about you. We require that requests for access to or to update or correct your personal information to be in writing outlining the details of your request. Such requests should be addressed to the Privacy Officer via the details provided in this Policy.

We will take appropriate steps to verify your identity (or verify that you act as an authorised agent of the individual concerned) before granting a request to access your personal information.

We will respond to your request for access to your personal information within a reasonable time after you make the request and if access is granted, access will be provided within 30 days from your request. We will, on request, provide you with access to your personal information or update or correct your personal information, unless we are lawfully prohibited from granting such a request. A few examples of data request prohibitions include:

• giving access would be unlawful;
• we are required or authorised by law or a court/tribunal order to deny access; or
• giving access is likely to prejudice one or more enforcement related activities conducted by an enforcement body.

 
Where your request for access is accepted, we will provide you with access to your personal information in a manner, as requested by you, providing it is reasonable to do so.

Your request for correction will be dealt with within 30 days, or such longer period as agreed by you. If we deny your request, we will provide you with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant your request.

Upon accepting a request for correction of your personal information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which your information is held, to correct your personal information.

5. Complaints

5.1 Complaints Handling Process

If you believe that we have breached a term of this Policy or the Privacy Act, you may submit a written complaint. The written complaint can be emailed or posted to us using the contact details set out below. You must include your contact details for us to contact you regarding your complaint.

Our Privacy Officer will consider your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint.

If you are unsatisfied with the outcome of your complaint you may refer your complaint to the Office of the Australian Information Commissioner to be resolved.

7. Contact Us

If you wish to:

• gain access to your personal information; or
• make a complaint about a breach of this privacy; or
• contact us with a query about how your information is collected and/or used; or
• contact us regarding any other matter concerning this Policy,

 
You may speak directly with our staff who will do their best to try to resolve your issue. Alternatively, you can write to us or send us an email so that our Privacy Officer can consider the matter. We will respond to you as soon as reasonably possible.

If you do not wish to receive direct marketing from us, please contact our Privacy Officer via the details below. Our contact details are as follows:

Privacy  Officer 

Contact: [email protected]
Phone: 03 9982 4540
Postal address: The Privacy Officer, Tidswell Financial Services Ltd, Level 2, 1 Southbank Blvd, Southbank, VIC 3006.

For more information on privacy see the Office of the Australian Information Commissioner’s website at: www.oaic.gov.au.