Privacy
Policy
Collection of
Personal Information
Gerling &
Company abide by the National Privacy Principles established under the Privacy
Amendment (Private Sector) Act 2001. As a holder of an Australian Financial
Services License we are subject to certain legislative and regulatory requirements
which necessitate us obtaining and holding detailed information which
personally identifies you and / or contains information or an opinion about you
(‘Personal Information’). In order to provide you with a comprehensive advisory
and dealing service in securities and / or derivatives (‘Financial Products’)
and to have a reasonable basis for recommendations we make, we require certain
Personal Information about you such as:
- Employment
details
- Details for
your financial needs and objectives
- Details of
your current financial circumstances, including your income, assets and
liabilities
- Details of
your investment history and preferences
- Your aversion
or tolerance to risk
We will not
collect any Personal Information about you except when you have knowingly
provided that information to us or authorized a third party to provide that
information to us.
Generally collection of your Personal Information will be done in either
face to face Interviews, over the telephone or by way of a Client Agreement.
Additional and / or updated information may be collected from time to time.
We will only
collect, maintain and use Personal Information about you if it is necessary for
us to adequately provide to you the services you have requested.
Use and
Disclosure of Personal Information
We will not use
or disclose Personal Information collected by us for any purpose other then
- The purpose
for which it was provided or secondary related purposes
- Where you have
consented to such disclosure
- Where the
National Privacy Principles authorize use or disclosure where required or
authorized under law.
We are required
under the Corporations Law to make certain information available for inspection
by the Australian Securities and Investments Commission on request to ensure
compliance with licensing and regulatory requirements. This may involve the
disclosure of your Personal Information.
We may use the
Personal Information collected from you in order to provide you with direct
marketing material covering products and services that may be of interest to
you. However, you may request not to receive such information and we will give
effect to that request.
We may disclose
your Personal Information to market operators, clearing and executing brokers
and product issuers for the purpose of giving effect to your instructions.
We may disclose
your Personal Information to external contractors for the following purposes:
- Execution,
clearing and settlement of financial products transactions
- Accounting of
financial products transactions
- Causing
statutory audits to be conducted as required by law
- Maintenance
and service of our information technology systems
- In the course
of review by external consultants.
All our external
contactors must adhere to this privacy policy and you should be assured that
your information will be maintained by any contractor to whom it is disclosed
in accordance with this policy.
Document
storage and security
Your Personal
Information is either held in your client file or in a computer database. We
will at all times seek to ensure that the Personal Information collected and
held by us is protected from misuse, loss, unauthorized access, modification or
disclosure. Your Personal Information is treated as confidential. Access to our
premises is strictly controlled. Computer Data is backed up regularly.
In the event you
cease to be a client of us, any Personal Information which we hold about you
will be maintained in a secure storage facility for at least 7 years in order
to comply with legislative and regulatory requirements.
Access to
your Personal Information
You may request
access to your Personal Information and we will (subject to the exceptions
below) provide you with access to that information by either providing you with
copies of the information requested, allowing you inspection of the information
requested or providing you with an accurate summary of the information held.
You will require you to provide evidence of your identity.
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 related to existing or anticipated legal proceedings between
us and would not be discoverable through those proceedings
- Providing
access would reveal our intentions in relations to negotiations with you
in such a way as to prejudice those negotiations
- Providing
access would be unlawful
- Denying access
is required or authorized by law
- Providing
access would be likely to prejudice certain operations by or on behalf of
an enforcement body.
We will provide
the reason if we refuse access to your Personal Information.
Correction of
Personal Information
We will
endeavour to ensure that, at all times, the Personal Information about you
which we hold is up to date and accurate. In the event that you become aware or
believe that any Personal Information which we hold about you is inaccurate,
incomplete or outdated, you may contact us and provide to us evidence of the
inaccuracy, incompleteness or outdatedness and we will, if we agree that the
information requires correcting, take all reasonable steps to correct the
information.
Internet
Privacy
Gerling &
Company’s website contains links to other websites whose operators may or may
not adhere to a privacy policy.
Our website uses
cookies which allows us to identify your browser while you are using our site.
Cookies do not identify you, they simply allow us to track usage patterns so
that we can measure the level of interest in various areas of our site. All
browsers allow you to be notified when you receive a cookie and elect to either
accept it or not.
Complaints
If you wish to
complain about any breach or potential breach of this policy or the National
Privacy Principles, you should direct your complaint to the privacy officer:
Claus Gerling
Gerling &
Company Pty Ltd
174 Willoughby
Road
Crows Nest NSW
2065
Telephone: 02
9438 4899
Telefax: 02 9436
0083
Email: claus@gerlingco.com
Your complaint
will be considered and responded to in a timely manner. You are entitled to
contact the Office of the Privacy Commission if you are unhappy with our
response.