PRIVACY POLICY
1. INTRODUCTION AND PURPOSE
BG Advisors Pty Ltd ACN 667 811 789 T/A BG Advisors is committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs) and any binding registered APP code.
2. SCOPE
This policy applies to all personal information collected by BG Advisors, including that of:
The types of personal and sensitive information we will collect from you will depend on the circumstances in which it is collected. It may include:
(a) BG Advisors employees (whether permanent, full-time, part-time, fixed or maximum-term, casual/temporary or voluntary), officers, agents and contractors (including any employees of those contractors);
(b) BG Advisors clients or prospective clients.
3. TYPES OF INFORMATION
(a) Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
(b) Sensitive information is a particular subcategory of personal information and includes:
(i) information or an opinion about an individual’s:
(A) racial or ethnic origin;
(B) political opinions;
(C) membership of a political association;
(D) religious beliefs or affiliations
(E) philioshpical beliefs
(F) membership of a professional or trade association
(G) membership of a trade union; sexual orientation or practices;
(H) or criminal record,
(i) that is also personal information
(ii) health information about an individual, including vaccination status;
(iii) genetic information about an individual that is not otherwise health information;
(iv) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(v) biometric templates.
(c) In this Privacy Policy, any references to personal information should be taken to include sensitive information.
(d) The personal information that collects may include the following:
(i) identity information such as your name, age or date of birth, contact details (including address, email address, phone number or mobile phone number), occupation, licence information, driver’s licence or passport number, usernames or passwords;
(ii) vaccination status limited to COVID-19 and any COVID-19 variants; and
(iii) financial details such as your bank account details, credit card information or tax file number.
4. OPEN AND TRANSPARENT MANAGEMENT OF PERSONAL INFORMATION
BG Advisors will manage personal information in an open and transparent manner. In doing so, BG Advisors will ensure that individuals are notified at the time of collecting their personal information:
(a) what type of personal information is being collected;
(b) the fact and circumstances of collection;
(c) whether the collection is required or authorised by law;
(d) how BG Advisors collects and holds personal information;
(e) the purposes for which BG Advisors collects, holds, uses and discloses personal information;
(f) BG Advisors usual disclosures of that kind of person information; and
(g) who that personal information will be disclosed to, including whether the personal information is likely to be disclosed to overseas recipients.
BG Advisors will ensure that all its employees, agents, and contractors are trained at regular intervals to ensure they understand its obligations under the Privacy Act 1988 (Cth), including the APPs.
BG Advisors regularly updates this privacy policy and will provide a copy of this privacy policy free of charge on request and in a suitable format.
5. ANONYMITY AND PSEUDONYMITY
Generally, it is impracticable for BG Advisors to deal with clients who do not wish to identify themselves or who wish to use a pseudonym. However, where possible and appropriate BG Advisors will provide information of a general nature to unidentified individuals.
6. COLLECTION OF PERSONAL INFORMATION
BG Advisors only collects personal information that is reasonably necessary for BG Advisors functions and activities. BG Advisors collects personal information for the following purposes:
(a) to conduct BG Advisors business;
(b) to provide and market BG Advisors services;
(c) to communicate with an individual;
(d) to comply with BG Advisors legal obligations;
(e) to help us manage and enhance BG Advisors services;
(f) to protect individuals and BG Advisors from error or fraud; or
(g) to provide individuals with the products or services they have requested.
Where practical, BG Advisors will collect personal information directly from the individual and not from third parties unless otherwise required by the law. BG Advisors may obtain information from third parties if authorisation has been provided by the individual.
We collect personal information directly from you or from third parties once authorisation has been provided by you. You have a right to refuse us authorisation to collect information from a third party.
7. COLLECTION OF SENSITIVE INFORMATION
(a) BG Advisors only collects sensitive information:
(i) that is reasonably necessary for BG Advisors functions and activities; and
(ii) where the individual has consented to the collection; or
(iii) otherwise as required or authorised by the law.
(b) BG Advisors will only collect sensitive information in very limited circumstances, on an “as-needs” basis which will be communicated to the individual if and when that occurs.
(c) You have a right to refuse to provide sensitive information for collection by BG Advisors. BG Advisors will notify you of the consequences if you do not consent to the collection of sensitive information.
8. UNSOLICITED PERSONAL INFORMATION
If BG Advisors receives unsolicited personal information, BG Advisors will determine whether BG Advisors could have collected that personal information by lawful and fair means, and whether it is related to one of the purposes of collecting personal information above. BG Advisors will do this by looking at its relationship with the individual and whether the personal information relates to its relationship with them.
If BG Advisors determines that it could have collected the personal information by lawful and fair means, BG Advisors will deal with that personal information in accordance with clauses 9 to 16 of this policy.
If BG Advisors could not have collected the personal information by lawful and fair means, or the personal information does not relate to one of BG Advisors purposes for collecting the personal information, BG Advisors will destroy the personal information.
9. NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION
(a) When BG Advisors first collects personal information from an individual, BG Advisors will notify them that it has collected its personal information and notify them about:
(i) the contact details for BG Advisors;
(ii) the purposes of the collection of their personal information;
(iii) those entities that BG Advisors usually disclose personal information to;
(iv) what happens if the individual chooses not to provide BG Advisors with personal information;
(v) direct marketing that may be undertaken by us or any related companies;
(vi) when BG Advisors is required to collect personal information under an Australian law,
(vii) BG Advisors privacy policy and where it can be found;
(viii) how they may complain about a breach of the APPs or any registered binding APP code;
(ix) how they may access their personal information and seek correction of such information; and
(x) any disclosure of personal information that BG Advisors makes to an overseas entity.
(b) If BG Advisors knows that as part of its relationship with the individual BG Advisors will disclose their personal information to another identifiable entity, BG Advisors will notify the individual of the following matters at the time BG Advisors first collects their personal information:
(i) the identity and contact details of that organisation; and;
(ii) why their information may be disclosed to the organisation.
(c) If the information is collected from another entity, or the individual may not be aware that the entity has collected their personal information, BG Advisors will explain to the individual at the commencement of dialogue either:
(i) the name of the entity that provided their information; or, if this is not practical
(ii) the kinds of entities from which it collects this information.
10. USE OR DISCLOSURE OF PERSONAL INFORMATION
The purpose of collecting an individual’s personal information will be outlined to them.
If during BG Advisors relationship with the individual BG Advisors wishes to use an individual’s personal information for an additional purpose, BG Advisors will obtain their consent unless the purpose is related to the primary purpose, or BG Advisors is permitted under law to do so.
In line with modern business practices common to many financial institutions, an individual’s personal information may be disclosed to the following organisations:
(a) other product providers in order to manage or administer a product or service;
(b) compliance consultants;
(c) contractors or temporary staff to handle workloads during peak periods;
(d) mailing houses;
(e) professional advisers, including solicitors or accountants as authorised by the individual;
(f) information technology service providers;
(g) government and regulatory authorities, as required or authorised by law;
(h) another authorised representative of the licensee;
(i) a potential purchaser/organisation involved in the proposed sale of the BG Advisors business for the purpose of due diligence, corporate re-organisation and transfer or all or part of the assets of BG Advisors 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; and
(j) a new owner of BG Advisors that will require the transfer of personal information.
11. DIRECT MARKETING
BG Advisors notifies individuals at the time of collecting their personal information that their personal information will be used by BG Advisors and any associated businesses for the purposes of direct marketing.
In all BG Advisors direct marketing communications BG Advisors will provide a prominent statement about how an individual can elect not to receive direct marketing. If the direct marketing communication is an email, BG Advisors will provide an ‘unsubscribe’ function within the email.
BG Advisors will keep appropriate records to ensure those individuals that have made requests not to receive direct marketing communications do not receive them. BG Advisors does not apply a fee to unsubscribe from direct marketing communications.
BG Advisors does not sell personal information. BG Advisors does not use sensitive information for the purposes of direct marketing.
If BG Advisors purchases personal information for the purposes of direct marketing, BG Advisors will conduct appropriate due diligence to ensure appropriate consents from the individuals have been obtained.
12. CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION
Generally, BG Advisors does not disclose personal information overseas.
BG Advisors may use cloud storage and IT servers that may be located overseas to store the personal information BG Advisors holds.
BG Advisors will notify the individual of any proposed disclosure of personal information that BG Advisors makes to an overseas entity.
13. ADOPTION, USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS
BG Advisors may receive tax file numbers, Centrelink reference numbers, driver’s license numbers or passport numbers in the course of providing our services; however, BG Advisors does not use or disclose government related identifiers for any purpose other than required by law.
14. SECURITY OF PERSONAL INFORMATION
BG Advisors will take reasonable steps to protect personal information that BG Advisors holds from misuse, interference and loss and from unauthorised access, modification or disclosure.
BG Advisors hold personal information on secure IT systems. All IT systems are appropriately updated with passwords, virus scanning software and firewalls when needed.
Any paper records must only be accessible to BG Advisors employees, agents, contractors and others as they are needed. Any paper records are held within an office that is locked and protected by security systems at night.
When reasonable, BG Advisors will usually destroy personal information that is held electronically and in paper form seven years after BG Advisors relationship with the individual ends. BG Advisors will do this by shredding paper copies and deleting electronic records containing personal information about the individual or permanently de-identifying the individuals within those records.
15. ACCESS TO PERSONAL INFORMATION
Individuals may request access to any personal information that BG Advisors holds about them. BG Advisors will not charge an individual for requesting access to their personal information. An individual does not need to state that they are making a request under the Privacy Act and the request does not need to be made in writing.
BG Advisors will verify the individual’s identity prior to disclosing any personal information or ensure the person seeking access has appropriate authority from the person to whom the personal information relates.
When an individual requests access to their personal information BG Advisors will conduct a search of our database. This search will also indicate if there are any paper records that contain personal information.
BG Advisors will not give access to the personal information that BG Advisors holds about an individual where it is unreasonable or impracticable to provide access, or in circumstances where the request would likely:
(a) pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
(b) unreasonably access the privacy of other individuals;
(c) be frivolous or vexatious;
(d) relate to anticipated legal proceedings, and the correct method of access to personal information is by the process of discovery in those legal proceedings;
(e) reveal the intentions of the entity in relation to negotiations with the individual in such a way as to prejudice those negotiations;
(f) be unlawful or in breach of an Australian law or court / tribunal order;;
(g) prejudice the taking of appropriate action in relation to a matter where unlawful activity or misconduct that relates to our functions or activities;
(h) rejudice enforcement related activities of a regulatory body (such as ASIC); or
(i) reveal commercially sensitive information.
When BG Advisors receives a request for access, BG Advisors will usually respond to the individual with seven days. However, depending on the nature of the request BG Advisors may provide the personal information when the request is made.
If the individual is requesting a large amount of personal information, or the request cannot be dealt with immediately, then after BG Advisors has investigated the request for access, BG Advisors will advise the individual what personal information BG Advisors holds and provide details of that personal information.
BG Advisors will comply with all reasonable requests by an individual to provide details of the personal information that BG Advisors holds in the requested format.
If BG Advisors does not provide access to the information, BG Advisors will provide written reasons setting out why BG Advisors does not believe it need to provide access.
16. CORRECTION AND QUALITY OF PERSONAL INFORMATION
BG Advisors relies on individuals to help it to ensure that their personal information is accurate, up-to-date, and complete.
If BG Advisors holds personal information about an individual and BG Advisors is reasonably satisfied that the information is inaccurate, out of date, incomplete, irrelevant, or misleading, or BG Advisors receives a request to correct the information, BG Advisors will take reasonable steps to correct the information. BG Advisors will not charge an individual for requesting correction of their personal information.
If BG Advisors corrects personal information that BG Advisors has previously disclosed, it will take reasonable steps to notify the entity to which BG Advisors disclosed the information of the correction. BG Advisors may not always make corrections to an individual’s personal information. When BG Advisors does not make requested corrections, it will provide written reasons for our refusal to make the correction.
When BG Advisors receives a request for correction, BG Advisors will usually respond to the individual with seven days. However, depending on the nature of the request BG Advisors may correct the personal information when the request is made.
If, after notifying the individual of BG Advisors refusal to correct personal information, the individual requests BG Advisors to issue a statement that the personal information on the record is inaccurate, out of date, incomplete, irrelevant, or misleading, BG Advisors will take reasonable steps to do so.
17. WEBSITE
BG Advisors manages a website that provides links to third party websites. The use of personal information by third party websites is not within BG Advisors control. BG Advisors is not responsible for the conduct of third-party website owners.
BG Advisors website utilises cookies to provide individuals with an improved user experience. Cookies allows BG Advisors to identify users’ browser while they are using the website. Cookies does not identify the user’s personal information. If users do not wish to receive cookies, they can instruct their web browser to refuse them.
18. TELEPHONE VOICE RECORDING PROCEDURES
The Privacy Act (Cth) 1988, sets out several APPs. BG Advisors operates in a manner that allows it to control the use of, and protect, personal information as guided by the APPs and required by other relevant legislation.
18. General Guidance
BG Advisors employees, officers, agents, contractors, and any of its authorised representatives must:>
(a) ensure he or she only collects personal information from individuals that is relevant to the purposes set out in clauses 6 and 7 of this Privacy Policy.
(b) consider the necessity and purpose of collecting any personal information from individuals.
(c) notify the individual at the time of collection of the matters set out in clause 9 of this Privacy Policy.
(d) when collecting sensitive information from an individual, first obtain the voluntary and adequately informed consent of that individual.
(e) only use the personal information for the purpose for which it was provided.
(f) question the purpose for passing on any personal information (including both client or employee data) and check whether there is a secure procedure in place.
(g) add personal data to client record keeping systems as and when necessary to maintain updated records.
(h) store (and remove when appropriate) data securely, whether hard or soft copy.
(i) use encryption and secure email; and
(j) verify the identity of all persons making requests for information.
19. COMPLAINTS
Any complaint that about a breach of this policy or the APPs must be in writing and delivered to BG Advisors at info@bg-advisors. BG Advisors will endeavour to acknowledge a complaint within 48 hours. A decision or any decisive action arising from or in connection with the complaint will usually be reached within 30 days. Individuals may contact the Office of the Australian Information Commissioner if they are unhappy with the handling of a complaint.
20. COMMUNICATING THE POLICY
This policy is sponsored by the Chief Executive Officer (CEO).
The policy is explained to all Staff as part of induction, and they are required to read it and raise any questions or concerns they have arising from it. Comments on the policy are welcome and should be directed to senior management.
The policy is publicly available and accessible to any person.
21. MONITORING AND REVIEW
BG Advisors will continuously monitor the implementation of this policy and all other policies in relation to its website.