JCP Investment Partners Ltd (“JCP”) is committed to protecting your privacy and safeguarding your personal information in accordance with the Privacy Act 1988 (Cth) (“Privacy Act”).
The Privacy Act requires us to handle your personal information in accordance with the Australian Privacy Principles (“APPs”). The manner in which JCP has implemented the APPs is set out below:
How and why we collect information
JCP will collect and hold your personal information for the purposes of providing our products and services to you, for the management and administration of those products and services, and to inform you of our products and services.
JCP will only collect personal information about you when you have provided it directly to us or we believe it has been provided to us with your authority, whether for a specific purpose or through ongoing communications with you.
The types of personal information we generally collect includes your name, residential or postal address, email address, date of birth, contact details, occupation, bank account details, financial information and other identification details, tax file number (TFN) and, in some cases, information necessary to make or receive payments to or from you or necessary to effect security transactions on your behalf.
There are specific circumstances in which we may be required to collect your sensitive information to enable us to provide our services to you. Sensitive information includes information about health, racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of professional or trade associations or a criminal record. We do not collect sensitive information about you unless we have obtained your consent prior to collecting the information or if we are required to do so by law, under a court or tribunal order.
JCP will collect personal information directly from you when you make an enquiry about JCP products or services, apply for a product or a service, deal with JCP as a key contact or employee of an institutional client, supply goods or services to JCP, apply for a job with JCP, deal with JCP over the telephone or in person, send JCP a letter or visit our website, www.jcpip.com.au.
On occasions, JCP may need to collect personal information about you from third parties. For example, we may need to collect information from your agent or employer. Before we collect, or if not practicable, soon after we collect personal information about you from a third party, we will notify you that we have collected the information and the purpose of collection. We will also advise you of the main consequences for you if we did not collect the relevant information.
Apart from the necessity to collect your information in order to provide a service to you or maintain our relationship with you, some secondary purposes for which we would collect and use your personal information would include:
• complying with legislative and regulative requirements, a court or tribunal order;
• complying with enforcement related activities conducted by, or on behalf of, an enforcement body;
• performing our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing;
• managing our rights and obligations in relation to external payments systems;
• conducting customer satisfaction research;
• inviting you to events that may interest you;
• developing and identifying products and services that may interest you; and
• (unless you ask us not to) telling you about other products and services we offer.
JCP will not use or disclose your personal information for a secondary purpose unless you have provided your consent. If at any time you supply JCP with personal information about another person, you should ensure that you are authorised to do so and you must agree to inform that person who we are, that we will use that personal information and that they may gain access to it should we hold that information.
How we use the information we collect
JCP will use personal information primarily for the purpose for which it was collected. Because most of our information is collected directly from you, you will normally be aware of the purpose for which it was collected.
For the provision of services, we will advise you of all products and services offered by us, establish and manage your investments and accounts, implement your investment instructions, report the investment performance of your account, and keep you up to date with business activities and events.
How we disclose the information we collect
JCP may provide necessary information to related companies and any agents who provide services to us in connection with the provision of products or services you have sought from us. These parties are prohibited from using your personal information except for the specific purpose for which we supply it to them.
Subject to what is permitted by law, the types of third parties we may disclose your personal information to include:
• Any organisation involved in providing, managing or administering our products or services such as custodians, brokers, insurers, auditors and external advisers we engage from time to time to carry out, or advise on our functions and activities;
• your appointed agents such as your financial consultants;
• any financial institution who holds an account for you;
• regulatory bodies, government agencies, law enforcement bodies and courts;
• external payment systems operators;
• debt collection agencies;
• any professional advisers appointed by us;
• other financial institutions; and
• any person to the extent necessary, in our view, in order to discharge our obligations.
JCP is unlikely to disclose your personal information to overseas recipients. However, we may transfer your personal information outside Australia, if required for the purposes of providing our products and services to you, or for the management or administration of those products and services. If we believe that the overseas recipient is not subject to, or has not agreed to comply with, privacy obligations equivalent to those which apply to us, we will seek your consent to transfer the information.
Your ability to access and correct information
If you wish to access the information we are holding about you, you are welcome to contact us and we will respond to your request within 30 days after the request is made. We may charge a handling fee to provide you with the information you require.
We will take reasonable steps to ensure that the personal information that we collect, hold, use or disclose is accurate, up to date, complete and relevant.
If at any time, you find that current personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you have the right to request that JCP correct that information. There may be circumstances when JCP may refuse to correct the personal information we hold. If we refuse your request, we will give you our reasons by written notice and give you the opportunity to post a statement of your claim.
If you wish to access or correct your personal information, please contact our office on (03) 9607 4111 and request to speak to our Privacy Officer or write to our Privacy Officer at the following address:
JCP Investment Partners Ltd
600 Bourke Street
Under certain circumstances, we may not be able to give you access to the personal information we hold about you. This includes where:
• we reasonably believe that it would pose a serious threat to the life, health or safety of an individual, or to public health or safety;
• it would have an unreasonable impact on the privacy of other individuals;
• the request is frivolous or vexatious;
• information relates to legal proceedings with you;
• the information would reveal a commercially sensitive decision-making process;
• the information would reveal our intentions in relation to negotiations that so as to prejudice those negotiations; or
• we are prevented by law from disclosing the information, or providing access would prejudice enforcement related activities or investigations.
If this occurs, we will inform you and explain the reasons for refusal.
How we protect personal information
Please note that data transmission over the internet is not fully secure, and we cannot guarantee or warrant the security of any information you send to us over the internet. You submit information over the internet at your own risk.
JCP is required by law to retain records of information, which includes your personal information, for a minimum period of 7 years. Where your personal information is not required to be retained by law, and the information is no longer needed for any purpose for which the information was collected, we will take all reasonable steps to destroy or de-identify the information.
Visiting JCP’s website
Website “cookies” technology may enable us to identify you or your browser while you are using JCP’s website. These cookies may be permanently stored on a computer or are temporary session cookies that can be used to track the website pages you have visited. Cookies, by themselves, cannot be used to find out the identity of any user.
You can choose if and how a cookie will be accepted and the only personal information a cookie can contain is information you supply.
If JCP has refused to provide you with access to personal information, correct personal information following the receipt of a request from you, or you believe that JCP has breached the APPs, you may lodge a written complaint with our Privacy Officer. We will make every effort to resolve your complaint and will respond within 30 days of receiving your compliant.
If we do not resolve your complaint, you may lodge a complaint with the Information Commissioner. The compliant must be in writing in accordance with the Privacy Act. The relevant form can be accessed through the Information Commissioner’s website: www.oaic.gov.au.