PHB Financial Planning Pty Ltd and Lionsgate Financial abides by the National Privacy Principles established under the Privacy Amendment (Private Sector) Act, 2001.
We are subject to certain legislative and regulatory requirements that require us to obtain and detailed information which personally identifies you and/or contains information or an opinion about you. In addition, our ability to provide you with advice and service is dependent on us obtaining certain personal information about you.
On collecting information in the referral or engagement process, the organisation collecting the information becomes obliged to provide certain disclosures to the individual whose information is being collected and also become subject to certain obligations in respect of the subsequent use, disclosure and management of that information.
As we are required pursuant to the Corporations Act (2001) to collect sufficient information to ensure that the advice provided is appropriate to our clients. Therefore your adviser is required by the law to identify a person’s needs, objectives and financial circumstances to have a reasonable basis for their recommendation(s). If a client does not provide part or all of the information that is requested, the adviser may not be able to fully assess a client's needs and objectives. This may result in a client financially committing to a product(s) that may not be appropriate to their needs, objectives and circumstances.
We will not collect any personal information about you except when you have knowingly provided that information to us or authorised a third party to provide that information to us.
Generally, collection of your personal information will be effected in either face to face interviews, over the telephone or via online means. From time to time additional and/or updated personal information may be collected through one or more of those methods.
We will only collect, maintain and use personal information about you if it is necessary for us to adequately provide to you the financial services that you have requested.
Use and Disclosure of Information Collected
We will not use or disclose personal information collected by us for any purpose other than:
- The purposes for which it was provided or secondary related purposes in circumstances where you would reasonable expect such use or disclosure; or
- Where you have consented to such disclosure; or
- Where the National Privacy Principles authorise use or disclosure where required or authorised under law, in circumstances relating to public health and safety and in connection with certain operations by or on behalf of an enforcement body.
This may involve the disclosure of your personal information. We are obliged pursuant to the Corporations Act to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission to ensure ongoing compliance with mandatory professional standards.
We are also obliged as a condition of our licence to make your records available for inspection by internal and Lionsgate Financial Group Compliance staff.
We may use the personal information collected from you for the purpose of providing you with direct marketing material such as articles that may be of interest to you, however you may, by contacting us, request not to receive such information and we will give effect to that request. Please allow two weeks for your request to be actioned.
We may disclose your personal information to another financial planner during periods when this office is unmanned or closed so that you can be assured of receiving a continued service.
We may disclose your personal information to superannuation fund trustees, insurance providers, and product issuers for the purpose of giving effect to your financial plan and the recommendations made by us.
We collect information about you for the purpose of reporting to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
We may disclose your personal information to external contractors for the following purposes:
- Strategy development
- Compliance monitoring.
In the event that we propose to sell our business we may disclose your personal information to potential purchasers for the purpose of them conducting due diligence investigations. Any such 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. In the event that a sale of our business is effected, we may transfer your personal information to the purchaser of the business. As a client you will be advised of any such transfer.
In the event that a Representative of Lionsgate Financial Group ceases to act on behalf of Lionsgate Financial Group and moves to another Licensee, your personal information will be retained by the Representative to act under the new Licensee. As a client you will be advised of any such transfer and will be given an opportunity to alter this arrangement.
PHB Financial Planning Pty Ltd will take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up to date.
Your personal information is generally held in your client file. Information may also be held 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, unauthorised access, modification or disclosure. At all times your personal information is treated as confidential and any sensitive information is treated as highly confidential. All paper files are stored in a secure location and were practical are stored in lockable filing cabinets. In the event you cease to be a client of this organisation, any personal information which we hold about you will be securely maintained for a period of seven years in order to comply with legislative and professional requirements, following which time the information will be destroyed.
Access to Information Collected
You may at any time, by contacting us request access to your personal information and we may provide you with access to that information. However, there are limited circumstances in which access to an individual’s personal information will not be allowed and these include:
- 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 in those proceedings;
- providing access would reveal our 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.
If access to information is denied, PHB Financial Planning Pty Ltd and/or Lionsgate Financial Group will provide reasons for the denial. All requests for access will be acknowledged within 14 days.
Correction of Information
We will endeavour to ensure that, at all times, the personal information about you which we hold is up to date and accurate. Therefore, you are encouraged to contact us and advise of any change in your personal circumstances that may affect your dealings with PHB Financial Planning Pty Ltd and/or Lionsgate Financial Group.
PHB Financial Planning Pty Ltd and Lionsgate Financial Group has in place facilities to properly consider and deal with any enquiries or complaints if you believe the privacy of your personal information has been compromised. PHB Financial Planning Pty Ltd and Lionsgate Financial Group will respond to all complaints within seven business days and aim to have them resolved within ten business days where possible. Where this is not possible, you will be contacted and advised when it is likely that your complaint will be resolved.
You are entitled to obtain access to the information which we hold about you by writing to The Administration Manager, PHB Financial Planning Pty Ltd, PO Box 235 Park Holme SA 5043.
It is our intention to use our best endeavours to resolve any complaint to your satisfaction, however, if you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.