1. About this Document
You can obtain further information regarding the APPs and your privacy rights at the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
3. Personal or sensitive information we collect
We may collect personal information that you have supplied to us such as your name, age, date of birth, address, and other contact details. We may also collect sensitive information from you with your consent (in specific circumstances).
The type of information we may collect depends on your dealings with us and may include:
- Name, contact details;
- Identification information – e.g. your tax file number, driver’s licence;
- Employment information – e.g. current and historical;
- Financial information – e.g. bank accounts, shareholdings, loans;
- Financial circumstances – e.g. assets and liabilities, income, expenditure, insurance, superannuation; and
- Information provided to us via client surveys.
4. Collection & Use
We may collect personal information from you or from third parties by:
- Having face-to-face meetings and telephone discussions with you;
- Asking you to complete client questionnaires;
- You using our website and interacting with our social media sites;
- You communicating with us through correspondence;
- Conferring with third parties such as financiers or the Australian Taxation Office on your behalf;
- Using “cookies” or other similar tracking technologies on our website that track website usage, preferences and personal account information; and
- Requesting information from a publicly available source.
We collect personal information from you to be able to provide you with the services you have requested us to provide including:
- Preparing tax returns and financial accounts;
- Completion of documentation and forms;
- Liaising with third parties on your behalf such as financial institutions, government organisations, insurance;
- To consider and assess your request for a product or service;
- To assist in providing wealth management, financial planning and personal risk services;
- To provide you with information about a product or service and invite you to marketing events;
- To protect our business and other clients from fraudulent or unlawful activity;
- To conduct our business and perform other management and administration tasks;
- To consider any concerns or complaints an individual may have;
- To manage any legal actions involving Kennedy Cross;
- To comply with relevant laws, regulations and other legal obligations; and
- To help us improve the products and services offered to our clients, and to enhance our overall business.
We may disclose your personal information for the following purposes:
- To enable you to access and use our services and in turn provide our services to you;
- To provide you with direct marketing materials that may be of interest to you such as articles or product brochures or correspondence from our business partners;
- For purposes that you consent to such disclosure or for a related purpose where you would reasonably expect such disclosure; and
- Any circumstance otherwise authorised by the APPs and/or the Privacy Act.]
We will only use sensitive information for the primary purpose it was obtained for or for a secondary purpose that is directly related to the primary purpose (or where otherwise required by law).
We may disclose your personal and sensitive information to trusted third parties, including the following entities:
- A related party of Kennedy Cross;
- Pillar Tailored Wealth Pty Ltd – where you are a mutual client of Kennedy Cross and Pillar Tailored Wealth Pty Ltd;
- Ogilvie Financial Services Pty Ltd trading as Invest Blue – where you are a mutual client of Kennedy Cross and Ogilvie Financial Services Pty Ltd trading as Invest Blue;
- Third party suppliers and service providers such as the providers for the operation of our website or business services;
- Organisations involved in a transfer or sale of all or part of our assets or business;
- Organisations involved in managing payments, including payment merchants and other financial institutions such as banks;
- The Australian Taxation Office (ATO) to meet ongoing compliance;
- The Australian Securities & Investments Commission (ASIC) on request to meet ongoing compliance, mandatory professional standards and other legal obligations;
- Specific third parties authorised by you to receive information held by us (eg banks);
- As required by law or directed by legal decision/process; and
- Any industry body, tribunal, court or otherwise connected with any complaint regarding our services.
We may disclose personal information to credit reporting bodies, in order to comply with our obligations under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) (AML/CTF obligations). To comply with our AML/CTF obligations, we may disclose your:
- date of birth; and
- residential address
to credit reporting bodies, in order to verify whether the personal information matches the identification information held by the credit reporting body. We may, upon request, provide you with an alternative method of verification, however, any alternative verification method must also comply with the AML/CTF legislation.
6. Sending Information Overseas
We may disclose personal information to our cloud service providers such as Microsoft, DropBox, Xero, Intuit, Reckon Hosted, MYOB and BGL Corp that are located outside Australia in some circumstances. These recipients may be located in the following countries:
- United States
- Hong Kong
We will not send personal information to recipients outside of Australia unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Act, the APPs and the Credit Reporting Privacy Code;
- the recipient is subject to an information privacy scheme similar to the Privacy Act; or
- the individual has consented to the disclosure.
- If you consent to your personal information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
We take our security obligations seriously and your personal information is regarded as confidential and may be held in both hard copy and/or electronic versions. We will take all reasonable steps to safeguard your information so that it is not misused, lost, modified, accessed by unauthorised persons or disclosed without authorisation.
As responsible data custodians we are familiar with the requirements of the Notifiable Data Breaches scheme and are committed to responding to data breaches in accordance with our obligations under the Privacy Act. We will notify the Office of the Australian Information Commissioner and you if there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by us and the access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates in accordance with the Privacy Act.
8. Accessing, Updating and Correcting Your Personal and Sensitive Information
You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please provide us with a request in writing to the contact details listed below. Depending upon the complexity of the request, we will endeavour to respond to you within four weeks of receiving your request. We reserve the right to charge a fee for searching for, and providing access to, your information on a per request basis. Where we cannot provide you with access to all of your personal information, we will provide you with reasons why. We may also require your identity to be verified when you send in your request and prior to sending any substantive response.
If at any time you believe that information we hold about you is incomplete, inaccurate, irrelevant, misleading or not up-to-date, please contact us and we will take reasonable steps to correct the information in accordance with the Privacy Act.
9. Complaints and Inquiries
- by telephoning – 02 4365 6789
- by writing to – Kennedy Cross Privacy Officer, 484 The Entrance Road Erina Heights NSW 2260
- by emailing – [email protected]
Please make sure to include your name and return contact details with any inquiry.
We will endeavour to respond to your complaint or inquiry within a reasonable period from when it is received.
If you are not satisfied with our response to your complaint or inquiry you can contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
Policy Effective: 1 February 2021