Privacy Policy
First Empire Capital is committed to protecting your privacy and the confidentiality of personal information we already hold, or will collect and hold, about you.
Your Privacy, the Privacy Act, the Australian Privacy Principles and this Privacy Policy
First Empire Capital is subject to the Privacy Act 1988 (Cth) (the Privacy Act) and applicable Privacy Principles in the Act when handling personal information. Other laws and regulations also impose duties on us to keep your identity, your dealings and information about your affairs strictly confidential.
This Privacy Policy sets out how we manage personal information. It provides information on the sorts of information we collect and hold, and for what purpose. It also provides information on how we collect personal information, how we hold and use it internally, and whether we routinely disclose personal information to others externally. It provides information on how to make a complaint about the way in which we have handled your Personal Information (or if you feel we have breached the Privacy Act) as well as your rights to access and correct (if necessary) the information we hold about you.
We only collect personal information which is necessary for the purposes of providing to you (or the organisation or persons you represent) financial services and other related services that you require or are likely to require in future. Disclosure of personal information to others external to First Empire Capital will only be for the purposes of the services you require or otherwise in accordance with regulatory requirements, your prior consent or where authorised or required by law or a court or tribunal order.
First Empire Capital has systems and procedures in place to protect your privacy whenever we collect, store, use or disclose your personal information. This Privacy Policy applies to all personal information we collect about you, whenever collected. By using First Empire Capital’s services you consent to us collecting your information, whether it is sourced from you directly, or via a third party who provides services to you.
If you require more information about how we manage personal information or protect your privacy, please contact your advisor directly.
Definitions
In this Privacy Policy, a reference to:
ASIC means the Australian Securities and Investments Commission.
ASX means ASX Limited or a financial market it operates, as the context requires.
AUSTRAC means Australian Transaction Reports & Analysis Centre.
First Empire Capital, we, our, and us means First Empire Capital Pty Ltd ABN 55 625 326 061.
Financial Product means any financial product in relation to which our AFS Licence authorises us to provide.
You and your refer to the individual whose information we collect and hold for the purposes of providing our services. Depending on the context, it may also refer to the organisation you represent.
When we collect personal information from you for the first time
At or before the time (or, if that is not practicable, as soon as practicable thereafter) we collect personal information from or about you for the first time (or at other times depending on the nature of the information we collect and the purpose for which we collect it), First Empire Capital must take reasonable steps to ensure that you are aware of:
our identity and how to contact us;
the fact that you are able to gain access to the information collected;
the purposes for which the information is (and will, in future, be) collected;
the organisations or types of organisations to which we usually disclose information of the kind collected;
any law that requires the particular information to be collected; and
the main consequences (if any) for you if all or part of the information is not provided.
This Privacy Policy addresses these matters and goes on to provide information on how we manage your personal information.
PERSONAL INFORMATION COLLECTED
What sort of personal information do we usually collect and hold about you?
We only collect personal information about you to the extent necessary to provide the range of our financial services to you or the organisation you represent. The extent of the information requested, how we use it and its disclosure are driven by our obligations and the obligations of entities that provide services to us and product issuers under the Corporations Act 2001, other Financial Services Laws, the Australian Taxation Legislation, Anti-Money Laundering and Counter-Terrorism Financing legislation and the laws, regulations and rules that apply with respect to the execution, clearing and settlement of Financial Product transactions (for example, the ASIC Market Integrity Rules that apply to us as an ASX trading participant or the ASX Clear Operating Rules or ASX Settlement Operating Rules that may apply to trades that are cleared and settled through our arrangements with entities that provide clearing and settlement services to us with respect to ASX ). Some of these laws and regulations also require us to confirm your identity in certain circumstances including before services can be provided to you.
In general, the nature of personal information collected and maintained, as a minimum, includes your name, residential and postal address, contact details (including phone numbers, fax and e-mail addresses) and banking details. We may also collect the following information:
your date of birth;
your occupation;
your Tax File Number;
the names and addresses of your dependents or beneficiaries;
your family and business relationships;
your financial circumstances (i.e. your objectives, financial situation and needs), including your salary, other sources of income, levels of cashflow and debt and expenses, and your investments, investable funds, trading experience and your attitude to investment risk;
Holder Identification Numbers (HINs) or Securityholder Reference Numbers (SRNs) identifying your financial product holdings;
your creditworthiness;
your capacity to carry or access or guarantee debt; and
other matters which you tell us about or that is included in the information you give us.
There may be occasions when we receive or need to source personal information about you from third parties such as:
credit reporting agencies (for example, when we obtain a credit report);
banks (for example, opinions about your creditworthiness);
publicly available sources of information (for example, telephone directories and financial product registries);
our business alliance partners;
your representative or agent;
your financial adviser, accountant, margin lender, investment banker or mortgage broker; or
Government agencies.
Access to, and correction of, personal information
We will provide you with access to the personal information that we hold (and in the manner that you have requested) within a reasonable period of time unless an exception as set out in the Privacy Act applies. If you believe that the personal information that First Empire Capital holds about you is no longer up to date, wrong, or otherwise incorrect, we will amend it. If we disagree with you about the accuracy, completeness or currency of our records, then you can request that we make a note of our disagreement in our records.
What if you don't provide the personal information requested or don't consent to us using it as described?
If you do not consent to your personal information being used as described in this Privacy Policy or if you do not provide the personal information requested, it may prevent us from providing or arranging for you to be provided with some or all of the advisory or transactional services you may require. The regulations governing the services we provide require your identity to be made known to and verified by us. Without that information, we cannot provide our services. You don't have the option of providing 'anonymous' personal information or using a pseudonym.
Obscuring your identity may be reportable by us to regulatory authorities.
How do we collect personal information?
Personal information about you will usually be collected from you or your duly authorised representative(s), during face to face interviews and meetings, during telephone discussions or other communications with you (for example, by email), during negotiation of service arrangements or requirements with us or by means of our client account application or mandate negotiation process (which may be submitted electronically).
We may collect personal information from your agent or other person providing services to you where they have introduced you to us or have arranged for First Empire Capital to provide certain services to you.
We may also collect personal information from you in the course of your use of our website if you input any personal information. In addition, we also access cookies on your computer, which enables us to tell when you use the website and also to help customise your website experience (see Internet Privacy below).
USES OF YOUR PERSONAL INFORMATION
How do we use your personal information?
Your personal information will primarily be used to provide you with financial services or access to a financial product(s). We may use the information to:
check whether you are eligible for the product or service;
provide you with advice about the product or service;
review and provide advice about your investment holdings or portfolio;
arrange an application or redemption of an unlisted product, or to buy or sell a market-traded product for you, using the service infrastructure of the relevant specialists (for example, persons who provide clearing and settlement services or other brokers who can trade in markets where we are not authorised to trade directly);
assist us to manage or administer a product or service for you; and/or
identify you in relation to all your dealings with us.
In support of the services you require or are likely to require, we may also use personal information for related purposes you would reasonably expect, including:
facilitating authorised direct credit/debit payment arrangements with your bank or other financial institution or product provider;
telling you about products or services we believe may interest you (for example, mail-outs of newsletters or direct marketing material), but you can contact us at any time to request that we not do this;
instructing couriers, delivery companies and mail houses to make deliveries of documents and other material to you; and/or
running and improving our business (for example, preventing fraud, record keeping, accounting, enhancing our services, statistical analysis of our client activities and services).
First Empire Capital may also use your personal information for other secondary purposes if we have your consent or if permitted under the Privacy Act or under any other applicable law.
Do we use your TFN or other government-related identifier?
We do not use your Tax File Number as an account number or as an 'identifier'. We only use your TFN for the purpose required by law, as permitted by the Privacy Act and TFN Guidelines and as instructed by you. We do not retain a record of your TFN.
Storage and security of information
First Empire Capital holds your personal information in both electronic and hard copy form. We will take reasonable steps to ensure your personal information is kept secure and protected from loss and unauthorised access, modification or disclosure.
Our client login area on our website uses a 256-bit Secure Sockets Layer (SSL) protocol that was developed to protect confidential information such as financial data from interception and hacking. We cannot be held responsible for lapses in security caused by third-party access to information as a result of your failure to keep your personal information private. We reserve the right to gather more extensive information about any attempted access to our website that raises security issues and, if appropriate, make disclosures to the relevant authorities.
Dealing with unsolicited personal information
If we receive any personal information about you which we have not requested, we will determine within a reasonable period whether we could have collected that information in accordance with this Privacy Policy. If we determine that we could not collect that information, we will, as soon as practicable, and if lawful and reasonable, ensure that the information is de-identified.
Internet Privacy
With the help of our service partners, we may collect information from you when you use any of our online services (such as our website and other online communications).
We collect information through the use of cookies and other tracking technologies. Cookies generally do not identify you, but rather allow us to track the use of our online services so that we can understand user habits. We do this so that we can improve your experience and communicate effectively with you and similar customer audiences. In some instances, you may receive cookies that collect personal information. You can often choose to accept cookies which collects personal information in order to enhance your online experience (e.g. where you request for your browser to remember your username when logging into our website). If you prefer not to receive cookies, you can configure your browser to reject them or to notify you when they are being used.
You have control over any personal information we collect from you through online forms, "contact us" messages, including chat transcripts, emails to us or email newsletter subscription information, and any information collected will be used:
for the purposes for which the information was requested and other related purposes
when required or authorised by or under law to disclose the information or with your consent.
You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.
DISCLOSURE OF PERSONAL INFORMATION
Your consent for us to use and disclose to others is important
Subject to what is stated below, personal information is only used or disclosed in accordance with your prior consent. Your consent can be express (whether verbal or written) or implied.
You imply consent when we can reasonably conclude that you have given consent by taking some action or by not taking some action to restrict or modify the way we provide our services. Your consent can also be implied if we believe you would reasonably expect First Empire Capital to use or disclose your information a certain way. If you use our services without raising any concern in relation to how and why we collect, and the way we use, store or disclose your personal information as described in this Privacy Policy, we will assume you have consented to us doing all these things.
Do we usually disclose information to other organisations or people?
Your personal information may be capable of being accessed by all representatives of First Empire Capital, in order for us to provide you with the products and services we offer efficiently and effectively.
First Empire Capital will also use the personal information we have collected from you for the purpose of opening and maintaining an account with third party service providers we use to enable execution and/or timely clearing and settlement of market transactions entered into on your behalf.
With respect to ASX transactions, information may also be provided to the Clearing House Electronic Sub-Register System (CHESS) and other entities within the ASX group of companies (such as those involved in clearing, settlement and market surveillance), share registries, financial institutions, and other service providers (such as software providers) of any such entities.
We may provide personal information about you to other organisations outside First Empire Capital, including:
credit reporting agencies and credit information services, and credit reference and debt collection agencies where you fail to meet your contractual obligations;
if ever relevant, your executor, administrator, trustee, guardian or attorney;
your bank or other financial institution(s) to arrange or make direct credits/debits or other payments;
your agents, including your legal or financial advisers, or those who have referred you to us;
stockbrokers and custodians for the purposes of completing transactions in foreign financial products; and/or
complaints and dispute resolution schemes or arbitration schemes which have jurisdiction over us.
Where relevant, confidentiality arrangements will apply to prohibit these organisations from using or accessing your personal information except for the specific purpose for which it needs to be accessed or supplied to them.
We will only disclose personal information to other third parties with your consent or if we are permitted or authorised to do so by law.
Disclosure to regulatory authorities
We will be obliged to provide personal information about you when:
required by law or other regulations (for example, to ASIC, AUSTRAC, the courts or the Australian Taxation Office, all of whom have the power to order us to disclose information about you and your dealings with us).
Cross-border disclosure of personal information
If you require us to buy or sell foreign financial products we will need to disclose your personal information to the stockbrokers, custodians or funds that we use in locations outside of Australia in order to perform the services you require. These overseas entities may be located in countries that do not have binding privacy laws that are substantially similar to the Australian Privacy Principles, and which may not have local mechanisms you can access to take action against these entities and/or enforce your privacy protection. You nevertheless consent to us disclosing your personal information overseas for this purpose.
Other than as contemplated in the previous paragraph, we will not transfer your personal information outside Australia without:
obtaining your express consent; or
otherwise complying with the Australian Privacy Principles or other applicable privacy legislation.
Do we disclose your TFN?
We only disclose your TFN for the purposes required by law and as instructed by you.
Other circumstances
In all other instances, we will only disclose your personal information to others if you have given prior consent to First Empire Capital to make the disclosure.
PERSONAL INFORMATION SECURITY
How do we hold personal information about you?
Your personal information is stored within our secure premises or on our computer system, which is protected by logins and passwords, and which can only be accessed by authorised personnel. Access to our secure premises is protected by security systems and locks. We use up-to-date processes to protect personal information from:
unauthorised access, modification and disclosure; and
misuse, interference and loss,
and (subject to record retention regulations) we will destroy or permanently de-identify personal information we no longer need, unless it is controlled in a Commonwealth Government record or we are required by law to retain the personal information.
Please note that even if we are no longer providing services to you, we are obliged by regulatory requirements to retain your personal information in a form which does identify you for a period of up to 7 years.
ACCESS TO YOUR PERSONAL INFORMATION
Accessing personal information we hold about you
You can request access to personal information we hold about you. If you are entitled to access the information, the lead time we require before giving you the information or access will depend on the type of information requested. If we can, we will answer your question immediately. We will also try to answer you in the same manner as your request. For example, if you telephone to ask for the information, we will (if practicable) give you that information over the telephone. In general, we will respond to a written request in writing.
Sometimes, we will ask you to put your request in writing, for example, when it is necessary for us to retain a record of your request or where you want copies of material or access to older information or files which are not current. We may ask you to identify yourself to our satisfaction.
Fees
We may charge a fee for giving you access, which will vary but will be based on our costs (internal and external) in locating the information and arranging the form of access you require. If we propose to charge a fee for giving access, we will give you an estimate of the fee and an opportunity to confirm you still want access to the information. Our fee (if any) will not be excessive. We do not impose any charge for requesting access.
Access may be refused or restricted
Depending on the particular circumstances, the Privacy Act or other laws may permit us or oblige us to refuse to give you access. If this is the case, we will tell you and where reasonable, provide reasons for the refusal or restricted access (for example, where access would infringe the privacy or personal security of others, the information relates to anticipated legal proceedings, the law prevents us from doing so, we believe the request to be frivolous and vexatious, or some of the information is commercially sensitive) and we will provide you with information about the mechanisms available to you to complain about the refusal.
What if some of the information we hold is incorrect and/or no longer up to date?
Please tell us. Unless we disagree with you about the accuracy or completeness of the information we already have recorded, we will take reasonable steps to correct the information to ensure that our records are accurate, up-to-date, complete, relevant and not misleading. If we disagree with you about the accuracy of your personal information, we will, where reasonable, give you our reasons and provide you with mechanisms available to complain. In the end, if we disagree, you may request that we include with, or link to, the information a statement from you claiming that the information in question is not accurate, complete or up-to-date (and that statement may include the 'corrected' information).
How do you contact us to make further enquiries about the management of your personal information or to complain about a breach of your privacy?
If you require more information about the way we manage personal information or you wish to make a complaint about a breach of your privacy, please speak to your Advisor.
We will investigate your concerns and provide you with a written response as soon as practicable, and no later than 30 days from the date on which we received your complaint. If we are unable to satisfactorily resolve your concerns about the privacy or handling of your personal information, you can contact the Office of the Australian Information Commissioner (OAIC). To make a query concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information, contact the Commissioner's hotline on 1300 363 992 or by emailing enquiries@oaic.gov.au. The OAIC has the power to investigate the matter and make a determination.
Changes to this Privacy Policy
We reserve the right to review and amend this Privacy Policy from time to time and to notify you by posting an updated version on our website.
Additional Privacy Information
Further information on Australian privacy requirements may be obtained from the website of the Office of the Australian Information Commissioner at www.oaic.gov.au
This Privacy Policy is current as at June 2021 .