In order to comply with the requirements of the Privacy Act 1998 (Cth) and the Australian Privacy Principles, we are required to advise you that Genesis Financial Partners Pty Ltd (Genesis) holds personal information about you. The information has been, and will continue to be, collected by us for the purpose of providing you with financial planning advice.
We are required, pursuant to the Corporations Act and certain regulations issued by the Australian Securities and Investment Commission (ASIC), to collect information about you for the purpose of providing you with our services. If you do not provide us with the information requested by us, we may not be able to provide you with the services you require of us.
We will from time to time disclose information about you to our representatives, other professionals, insurance providers, superannuation trustees and product issuers in connection with our services. You will be deemed to have consented to our use of such information in this manner unless we are notified otherwise. In the event we consider it necessary to use or disclose information about you for purposes other than those detailed above, or related purposes, we will seek your consent. You are entitled to obtain access to the information which we hold about you by calling the Madison Financial Group Pty Ltd Compliance Manager on 1300 789 575.
Collection of Personal Information
As a financial planning organisation 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” and “sensitive information”). Our ability to provide you with a comprehensive financial planning and advice service is dependent on us obtaining certain personal information or sensitive information about you including:
- Identity information including names, addresses, phone, email address.
- Personal details including date of birth, associated entities, visa and residency status.
- Health information including personal and family medical history, smoking status, lifestyle pursuits.
- Occupation details including employment history, employment circumstances, family commitments and social security eligibility.
- Relationship details including marital status, sexual orientation and estate planning details.
- Financial details including TFN, financial needs and objectives.
- Details of your current financial circumstances, including your assets and liabilities (both actual and potential), income, expenditure, insurance cover and superannuation.
- Investment preferences including past experience and risk preference.
- Other information we think is necessary to provide you with our services.
Failure to provide to us the personal information referred to above may expose you to higher risks in respect of the recommendations made to you and may affect the adequacy or appropriateness of advice we give to you.
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. Where we receive unsolicited personal information about you, we will check whether that information is reasonably necessary for our functions or activities. If it is, we will handle this information the same way we do with other information we seek from you. If not, we will destroy the information or ensure that the information is de-identified.
Generally, collection of your personal information will be affected in either face to face interviews, over the phone, email correspondence or by way of the online client portal. From time to time additional and/or updated personal information may be collected through one or more of those methods. From time to time, and if necessary to do so, we may collect information about you from other sources. Instances pertaining include:
- Reliance on publicly available information to update your contact details when uncontactable.
- Information that is required from other sources to assess an insurance application you make through us.
- The checking of security you are offering through public register and our service providers.
- At your request, we exchange information with your legal or financial advisers and other representatives or assistants.
We will only collect, maintain and use personal Information about you if it is necessary for us to provide adequate financial planning advice to you.
Holding of Personal Information
Your personal information is stored in different ways, including paper and electronic form and is generally held in your client file. Information is held in a computer database. The security of your personal information is important to us and at all times we seek to ensure that 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.
In the event you cease to be a client of this organisation, any personal information which we hold about you will be maintained for a minimum period of 5 years in order to comply with legislative and professional requirements.
In the event you cease to be a client of this organisation, but remain a client of any financial planner that has moved from Madison Financial Group Pty Ltd to another Australian Financial Services Licensee, any personal information which we hold about you, subject to certain matters being resolved in connection with your continuing financial services, will be made available to that Licensee. You should ensure that the information that we provide at that time is current and relevant for financial planning advice with the new Licensee.
Use and Sharing of Personal Information
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 reasonably expect such use or disclosure.
- Where you have consented to such disclosure.
- As expressed in this Privacy Disclosure Statement.
- Where the Australian 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.
We are also obliged pursuant to the Corporations Act to maintain certain transaction records and make those records available for inspection by ASIC. 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 2 weeks for your request to be actioned.
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 affected, we may transfer your personal information to the purchaser of the business. As a client you will be advised of any such transfer.
Although we don’t send personal information overseas you should be aware of the following:
- Your personal information is accessed by our contractors, representatives or agents in other countries, as necessary to deliver our services to you. This access is via secure internet connection or, in some instances by email.
- All of your personal information is loaded to the cloud for storage or and any information entered by you using the online client portal is accessible in our internal client management system upon submission.
Accessing your Personal Information
You may at any time request access to your personal information and we will (subject to the following exceptions) provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested or providing you with an accurate summary of the information held. We will, prior to providing access in accordance with this policy, require you to provide evidence of your identity.
We will give you access to your information in the form you want it where it is reasonable and practical. We may charge you a small fee to cover our costs when giving you access, but we will always check with you first. We are not always required to give you access to your personal information to the extent that:
- Providing access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety.
- Providing access would have an unreasonable impact on the privacy of other individuals, both related and non-related including current or former spouses, parents or children.
- The request for access is frivolous or vexatious.
- The information wouldn’t be ordinarily accessible because of legal proceedings.
- It would prejudice negotiations with you.
- Providing access would be unlawful.
- Denying access is required or authorised by or under law.
- We have reason to believe that unlawful activity, or misconduct of a serious nature, that relates to the entity’s functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter.
- Providing access is likely to harm the activities of an enforcement body.
- Providing access would harm the confidentiality of our commercial information.
In the event we refuse you access to your personal information; we will provide you with an explanation for that refusal. If you have any concerns, you can complain. See ‘Making a Complaint’.
Correcting your 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, out of date, incomplete, irrelevant or misleading, you may contact us and provide us evidence of the inaccuracy, outdatedness, incompleteness, irrelevance or misrepresentation and we will, if we agree that the information requires correcting, take all reasonable steps to correct the information.
We will endeavour to respond to any request for access within 30 days depending on the complexity of the information and/or the request. If your request is urgent, please indicate this clearly.
If we are unable or do not agree to correct your personal information, we will explain why within five business days of making the decision. If you have any concerns, you can complain. See ‘Making a Complaint’.
If we are unable to make corrections with the 30 day or agreed upon time frame we must:
a. Let you know about the delay, the reasons for it and when we expect to resolve the matter.
b. Ask you to agree in writing to give us more time.
c. Let you know you can complain to the Office of the Australian Information Commissioner.
Making a Complaint
You may also contact Madison’s Head of Governance to make a complaint by: