As an Australian Financial Services Licensee and a holder of personal information about our clients, it is our objective to ensure that Properties and Pathways Pty Ltd and its representatives comply with all relevant aspects of the Australian Privacy Principles (APPs), as set out in the Privacy Amendment (Enhancing Privacy Protection) Act 2012, and with the Notifiable Data Breach Scheme (NDB Scheme).
Adherence to the Properties and Pathways Pty Ltd Privacy Breach Policy and Data Response Plan (The Policy) is expected and will be monitored to ensure that personal information is secured adequately and breaches, both suspected and actual, are treated appropriately as per the guidelines set by the Office of the Australian Information Commissioner (OAIC).
The OAIC’s focus of the Privacy Act and NDB Scheme obligations is to increase protection levels across the board and keep individual’s personal information more secure. It’s the responsibility of APP entities to secure and protect the personal information they hold and prevent breaches from occurring. The NDB Scheme provides a framework that requires businesses to respond swiftly and with transparency to mitigate the damage potentially caused by a breach. This ultimately gives consumers more confidence that their personal information is being appropriately safeguarded and that they will be made aware if their information is compromised.
Properties and Pathways Pty Ltd as an organisation has undertaken to ensure that its privacy program embraces the principles established by the APPs under the Privacy Act and abides by the requirements of the NDB Scheme.
Privacy Act 1988 (Privacy Act)
Australian Privacy Principles
APP 1 — Open and transparent management of personal information
APP 2 — Anonymity and pseudonymity
APP 3 — Collection of solicited personal information
APP 4 — Dealing with unsolicited personal information
APP 5 — Notification of the collection of personal information
APP 6 — Use or disclosure of personal information
APP 7 — Direct marketing
APP 8 — Cross-border disclosure of personal information
APP 9 — Adoption, use or disclosure of government related identifiers
APP 10 — Quality of personal information
APP 11 — Security of personal information
APP 12 — Access to personal information
APP 13 — Correction of personal information
The NDB Scheme (under Part IIIC of the Act)
Properties and Pathways Pty Ltd is committed to providing you with the highest levels of client service. Properties and Pathways Pty Ltd recognises that your privacy is very important to you. As such, the organisation is committed to providing a privacy program that ensures the correct management of personal information, identification of breaches or suspected breaches of the Policy and utilising the breach Response Plan to ensure we are able to respond quickly to suspected data breaches, and take appropriate steps as required under the NDB Scheme.
Properties and Pathways Pty Ltd is committed to all stages of the NDB Scheme and the reporting of data breaches from identification of a breach/potential breach including containment, evaluation, notification and review of the breach including acting to prevent future breaches.
Your Personal Information
When you apply for our products or services, we may ask for identification information. This could include your name, address, contact details and date of birth. We may also collect your tax file number if we are authorised to collect it and if you choose to supply it.
How Properties and Pathways Pty Ltd Collects Personal Information
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.
How Properties and Pathways Pty Ltd Uses Your Personal Information
Primarily, your personal information is used in order to provide you with products or services. We may also use the information that is related to the primary purpose and it is reasonable for you to expect the information to be disclosed.
From time to time, we may provide you with direct marketing material. This will include articles and newsletters that may be of interest to you. We may only use sensitive information about you for direct marketing once we have obtained your consent.
Properties and Pathways Pty Ltd maintains details of the source of your personal information used for direct marketing and you have the right to request these details. We will endeavour to meet your request within two (2) weeks. A register is maintained for those individuals not wanting direct marketing material.
When Properties and Pathways Pty Ltd Discloses Your Personal Information*
In line with modern business practices common to many financial institutions and to meet your specific needs we may disclose your personal information to the following organisations:
- compliance consultants;
- temporary staff to handle workloads during peak periods;
- mailing houses;
- your professional advisers, including your solicitor or accountant as authorised by you;
- information technology service providers;
- Government and regulatory authorities, as required or authorised by law;
- another authorised representative of Properties and Pathways Pty Ltd if necessary;
- a potential purchaser/organisation involved in the proposed sale of Properties and Pathways Pty Ltd.’s business for the purpose of due diligence, corporate re-organisation and transfer or all or part of the assets of the 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;
- a new owner of the business that will require the transfer of your personal information.
Properties and Pathways Pty Ltd.’s employees and the outsourcing companies/contractors are obliged to respect the confidentiality of any personal information held by Properties and Pathways Pty Ltd.
The Corporations Act has provided the Australian Securities and Investments Commission (ASIC) with the authority to inspect certain personal information that is kept on Properties and Pathways Pty Ltd.’s files about you.
Properties and Pathways Pty Ltd takes its obligations to protect your information seriously, this includes if/when Properties and Pathways Pty Ltd operates throughout Australia and overseas, as part of its operations. Some uses and disclosures of your information may occur outside your State or Territory and/or outside of Australia. In some circumstances we may need to obtain your consent before disclosure of your information outside Australia occurs.
How Properties and Pathways Pty Ltd Stores and Secures Your Personal Information
Properties and Pathways Pty Ltd keeps your personal information in your client files or electronically. These files are accessible to authorised personnel only and are appropriately secured and subject to confidentiality requirements.
Personal information will be treated as confidential information and sensitive information will be treated as highly confidential.
It is a legislative requirement that Properties and Pathways Pty Ltd keeps all personal information and records for a period of seven (7) years. Should you cease to be a client of Properties & Pathways Pty Ltd, we will maintain your personal information on- or off-site in a secure manner for seven (7) years. After this period, the information will be destroyed or archived.
Ensure Your Personal Information Is Correct
Properties and Pathways Pty Ltd takes all reasonable precautions to ensure that the personal information collected, used and disclosed is accurate, complete and up to date. To ensure that we can maintain this level of accuracy and completeness, it is recommended you:
- inform us of any errors in your personal information; and
- update us with any changes to your personal information as soon as possible.
Properties and Pathways Pty Ltd does not usually collect unsolicited personal information. Where we receive unsolicited personal information, it will be determined whether or not it would have been permissible to collect that personal information if it had been solicited. If Properties and Pathways Pty Ltd determines that collection would not have been permissible, to the extent permitted by law, the personal information will be destroyed or de-identified as soon as practicable.
Access to Your Personal Information
You have a right to access your personal information, subject to certain exceptions allowed by law. We ask that you provide your request for access in writing (for security reasons) and we will provide you with access to that personal information. Access to the requested personal information may include:
- providing you with copies;
- providing you with the opportunity for inspection; or
- providing you with a summary.
If charges are applicable in providing access to you, these charges will be disclosed to you prior to providing the information.
Some exceptions exist where Properties and Pathways Pty Ltd 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 is related to existing or anticipated legal proceedings between Properties and Pathways Pty Ltd and the client and would not be discoverable in those proceedings;
- providing access would reveal Properties and Pathways Pty Ltd.’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
- providing access would be unlawful;
- denying access is required or authorised by or under law;
- providing access would be likely to prejudice certain operations by or on behalf of an enforcement body or an enforcement body requests that access not be provided on the grounds of national security.
Should we refuse you access to your personal information, a written explanation for that refusal will be provided.
Using Government Identifiers
Although in certain circumstances Properties and Pathways Pty Ltd is required to collect Government identifiers such as your tax file number, Properties and Pathways Pty Ltd does not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.
Dealing with Properties and Pathways Pty Ltd Anonymously
You can deal with us anonymously or by using a pseudonym where it is lawful and practicable to do so. For example, if you telephone requesting our postal address.
Your Sensitive Information
Without your consent Properties and Pathways Pty Ltd will not collect information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or afflations, membership of professional or trade association, membership of a trade union, details of health, disability, sexual orientation, or criminal record.
This is subject to some exceptions including:
- the collection is required by law; and
- when the information is necessary for the establishment, exercise or defence of a legal claim.
Properties and Pathways Pty Ltd’s Website
Properties and Pathways Pty Ltd.’s website may provide links to third party websites. The use of your information by these third-party sites is not within Properties and Pathways Pty Ltd.’s control and Properties and Pathways Pty Ltd cannot accept responsibility for the conduct of these organisations. Other websites are not subject to Properties and Pathways Pty Ltd.’s privacy standards. You will need to contact or review those websites directly to ascertain their privacy policies.
You may register with Properties and Pathways Pty Ltd to receive newsletters and other information. By doing so, relevant information and contact details will be collected and stored on Properties and Pathways Pty Ltd.’s database. We will take care to ensure that the personal information you provide on our website is protected. For example, Properties and Pathways Pty Ltd.’s website has electronic security systems in place, including the use of firewalls and data encryption. Properties and Pathways Pty Ltd’s website is securely hosted by Synergy Wholesale Pty Ltd on Australian-based servers.
If you do not wish to receive any further information from Properties and Pathways Pty Ltd, or you wish to update your registration details, please email your request. We will endeavour to meet your request within five (5) working days.
Our website utilises cookies to provide you with a better user experience. Cookies also allow Properties and Pathways Pty Ltd to identify your browser while you are using the site – the cookies do not identify you. If you do not wish to receive cookies, you can instruct your web browser to refuse these cookies.
Please contact Properties and Pathways Pty Ltd.’s Privacy Officer if you wish to complain about any breach or potential breach of your privacy rights. Your complaint will be responded to within seven (7) days. Properties and Pathways Pty Ltd.’s Privacy Officer will investigate the issue and determine the steps to undertake to resolve your complaint. Properties and Pathways Pty Ltd.’s Privacy Officer will contact you if any additional information from you is required and will notify you in writing of the determination. If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner.
Address: Suite B3, 431 Robert Road, Subiaco WA 6008
Telephone: 08 9381 1300
Spam is a generic term used to describe electronic ‘junk mail’- unwanted messages sent to a person’s email account or mobile phone. In Australia, spam is defined as ‘unsolicited commercial electronic messages’.
‘Electronic messaging’ covers emails, instant messaging, SMS and other mobile phone messaging, but does not cover normal voice-to-voice communication by telephone.
Properties and Pathways Pty Ltd complies with the provisions of the Spam Act when sending commercial electronic messages.
Equally, Properties and Pathways Pty Ltd makes sure that its practices are in accordance with the Australian Privacy Principles in all activities where Properties and Pathways Pty Ltd deals with personal information. Personal information includes Properties and Pathways Pty Ltd.’s clients contact details.
Internal Procedure for Dealing with Complaints
The three key steps Properties and Pathways Pty Ltd follows:
Consent – Only commercial electronic messages are sent with the addressee’s consent, either expressed or inferred,
Identify – Electronic messages will include clear and accurate information about the person and the Properties and Pathways Pty Ltd contact that is responsible for sending the commercial electronic message.
Unsubscribe – Properties and Pathways Pty Ltd ensures that a functional unsubscribe facility is included in all its commercial electronic messages, and that unsubscribe requests are processed promptly.
Comply with the Law regarding Viral Messages
Properties and Pathways Pty Ltd ensures that Commercial Communications that include a Forwarding Facility contain a clear recommendation that the Recipient should only forward the Commercial Communication to persons with whom they have a relationship, where that relationship means that person could be said to have consented to receiving Commercial Communications.
Comply with the Age Sensitive Content of Commercial Communication
Where the content of a Commercial Communications seeks to promote or inspire interaction with a product, service or event that is age sensitive, Properties and Pathways Pty Ltd takes reasonable steps to ensure that such content is sent to Recipients who are legally entitled to use or participate in the product service or event.
The Spam Act specifies that the person’s consent has been withdrawn within five (5) working days from the date that an unsubscribe request was sent (in the case of electronic unsubscribe messages) or delivered (in the case of unsubscribe messages sent by post or other means).
Please contact Properties and Pathways Pty Ltd.’s Privacy Officer if you wish to complain about any breach or potential breach of your privacy rights. Your complaint will be responded to within seven (7) days.
If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner.
Address: Suite B3, 431 Robert Road, Subiaco WA 6008
Telephone: 08 9381 1300
Refer Appendix A: Comprehensive information on how this company will undertake its NDB Scheme.
Further information on privacy in Australia may be obtained by visiting the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.
As a Licensee, Properties and Pathways Pty Ltd ensures that there are adequate resources in place to develop, implement and maintain the privacy program and response plan. All representatives of Properties and Pathways Pty Ltd are made aware of the privacy program and are encouraged to identify privacy issues and notify directly to Properties and Pathways Pty Ltd.
Properties and Pathways Pty Ltd is required to meet legislative and regulatory requirements. The information that we seek to collect about you will depend on the products or services that we provide. If you provide inaccurate or incomplete information, we may not be able to provide you with the services you requested.