THE PROPERTY GALLERY INTERNATIONAL PTY LTD (ACN 166 616 271 )
The Property Gallery (TPG) adoption of the Australian Privacy Principles (APPs) and the requirements of the Privacy Act 1988 (Cth) and the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (‘the Privacy Amendment Act’) formalises our commitment to ethical conduct and practice in regard to privacy. TPG seeks to observe the privacy safeguards laid down by the Act when collecting, storing, using and disclosing personal and sensitive information. We also give individuals access and correction rights in relation to their personal information in compliance with the Act. If you are an investor in our managed funds, please be assured that your personal information will only be used in the manner and for the purposes set out below.
Your Privacy is important to us; we value your trust in managing your information and investments.
This policy is structured to reflect the information life cycle of data that includes:
- Use and disclosure
- Quality and security
- Contact details for the Privacy Officer
Why we collect personal information?
We collect information from you, in order to process your application and to administer your investment accounts. In addition, this information enables us to identify you and helps keep your information safe. If you provide us with incomplete or inaccurate information, we may not be able to provide you with the service or products you are seeking.
We may need to disclose your personal information to various third parties including the Trustee’s service providers or professional advisers in connection with the operation of the funds. Where we are required by law to pass on information to other organisations, we will disclose that information which is necessary to meet legal requirements. These organisations include government, law enforcement agencies and regulators, auditors, and any other service providers involved in our management of your finances in our normal course of business.
We use information collected about you for a number of purposes:
- to identify you;
- to provide information to you and to ask you whether you are interested or satisfied with our products;
- assist you in queries you may have;
- to administer your investments with us;
- for market research and analysis;
- for product development;
- to meet regulatory obligations.
Collecting information – from you
TPG collects information from investors in our products and from people who make enquiries about our products via letter, email or telephone.
We will collect your personal information including name, address, date of birth, gender, Tax File Number (TFN) and other contact information from you which is deemed necessary to manage your accounts. We will also collect your personal information, as provided by you, if you make an enquiry about our product.
We collect information about our investors when they complete application or other forms or transactions related to their investments. We may also obtain information about you from your financial adviser and any other persons acting on your behalf, provided that you have instructed us in writing to do so.
Sensitive information is information about you which is information or an opinion about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union or criminal record. Information in respect of your health is also sensitive information.
- Generally, we would not collect sensitive information about enquirers or investors. However, clients may need to send information regarding their health, including copies of records, reports and opinions. We require your consent to have this information and we will request you provide this in writing at the time it is required, typically if you apply for insurance. We may also need to collect sensitive information as part of the AML requirements. We will only seek to collect from you the minimum amount of information that is required.
- Gaining Access to your personal information . You can gain access to your personal information. In some cases we may be able to deal with your request over the telephone. For more complex requirements we will need to send you a form. Please contact us on the numbers below. We may monitor telephone calls for training and security purposes
Sharing of Personal Information
You should be aware that information might pass between clients of the TPG departments for statistical and marketing analysis. Information about you may also be passed to:
- The custodian, an external organisation that may hold assets on behalf of our managed investment schemes.
- The Trustee.
- Fund administrator or fund investment managers.
- Auditors appointed by TPG to ensure the integrity of our operations and policies.
- Any person acting on your behalf such as your financial advisor administrator, trustee or guardian, provided you or a legal authority (e.g. under court orders) has instructed us in writing to do so.
We ensure our service providers are experienced in administration and are also subject to the provisions of the Privacy Act. Under our contracts with them, they have a contractual obligation to abide by privacy law and to protect your information.
Your information may also be passed to third parties to assist in the administration of your account, for example to a mail house to mail out distribution or periodic statements.
There are instances where we are legally obliged to pass on information about you. The following list of compulsory disclosures (i.e. disclosures we must make) provides you with examples but is not intended to be exhaustive or complete:
- in accordance with legislative requirements or authority (e.g. your tax file number and the taxable income of your account; deposits reportable under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)(‘AML’));
- in accordance with the legislative requirements of the administration of managed investment schemes – reporting or assisting in the investigation of unlawful activity where there is a basis for suspecting such activity;
- to enforcement bodies with statutory authority (e.g. protection of public revenue (tax));
- Australian Taxation Office (ATO)
- in any criminal procedure with court authority;
- laws relating to the confiscation of the proceeds of crime;
- Proceedings by any enforcement or administrative body in a court or tribunal.
We will not pass on your personal information to unrelated parties for their marketing purposes. We would seek your informed consent in the event this policy changes.
If your investment involves that a financial adviser receive your information on your behalf with your written consent. Then, we will disclose the personal information that is necessary to manage or administer your account and benefits, to that third party. If you wish to amend or withdraw your authority for your financial adviser to act on your behalf, you must advise us in writing.
Trans-border data flows
TPG may store your information in cloud or other types of networked or electronic storage. We take all reasonable steps to ensure overseas recipients do not breach the Australian Privacy Principles. They are obliged to protect the privacy and security of your personal information and hold it only for the purpose for which it has been agreed.
Using the identifier of another organisation
We use identifier codes and records to identify you and maintain records holding information about you. Although we may have your Australian Business Number or Tax File Number, for instance, it would be used only for the purposes for identification with the relevant organisation as prescribed by that organisation.
The quality of the information we collect
We endeavour to ensure that any information we collect, use or pass on is up-to-date and accurate. We request that you contact us in the event your details change.
The security of information about you
It is not appropriate for information about you to be de-identified or destroyed. In some cases, we have statutory requirements to retain our records for up to a period of seven years. TPG takes precautions to prevent the misuse, loss and unauthorised access or modification or disclosure of your information. These include the use of verification data before information about investments is provided over the telephone or via the internet, restricted access to files, security checks on computer data, securing of data held on company networks, and a contractual requirement for service providers to use appropriate mechanisms to protect personal information. Information management is subject to an in-house compliance system with defined standards and monitoring.
Please note that we cannot guarantee the privacy of your information if you choose to correspond with us via email.
Access and/or correction of your information
TPG offers our website to make accessing information on our products and your investments easier. Information regarding your account is accessible by you over the telephone where sufficient verification information is supplied, in accordance with our requirements and compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (‘AML’))
Please contact us immediately should you become aware that any information we have about you is incorrect. In the event we dispute a correction you wish to make, we shall place your disputed information on the file, together with the unaltered statement of information, until such time as the matter can be resolved.
Unless there are exceptional circumstances around your files, we will provide you with copies of our current records about you. If you wish to see your information, we ask that you make a request in writing and allow us seven working days in which to forward it to you.
Circumstances in which access to your records might be denied or restricted could be as follows. Please note this list is not intended to be exhaustive:
- Providing access would have an unreasonable impact on the privacy of another individual;
- The information relates to existing or anticipated legal proceedings between you and us and would not be available by a process of discovery in those proceedings;
- Providing access would prejudice negotiations we have with you;
- Providing access would be unlawful or likely to prejudice an investigation into unlawful activity;
- The request is frivolous or vexatious.
Your ability to deal with us anonymously
You may contact us and seek to obtain any general information or assistance you wish without identifying yourself. However, for reasons of security, you will not be able to obtain information about your investments without identifying yourself first.
Have you a comment or complaint about your privacy?
If we have breached any of our obligations in keeping your information, or you are uncomfortable about any of our information management practices which have come to your attention, please do not hesitate to contact our Privacy Officer. We expect our conduct to deliver standards and performance of the highest order and welcome your comments.
If you are not satisfied with our response or would like to know more about your privacy rights, you can contact the Office of the Australian Information Commissioner by calling 1300 363 992 or visiting the website at www.oaic.gov.au
by calling +61 2 8279 6088 or by emailing: firstname.lastname@example.org
Or by writing to:
The Property Gallery International Pty Ltd
Level 32, 85 Castlereagh Street
Sydney NSW 2000
Making a privacy complaint: We aim to manage your information and service you to the highest standard possible, however issues may arise. TPG has an internal compliant policy and supporting procedure that provides a standard method and measures to work to resolve the issue.