Titanium Equities is committed to complying with the provisions of the Privacy Act 1988 (Cth) (the “Act”) and adheres to the 10 National Privacy Principles found in Schedule 3 of the Act which regulates the collection, storage, quality, use and disclosure of personal information and sensitive information.
Titanium Equities is committed to respecting the privacy of individuals and corporations (“our clients”) and ensuring that you are given certain rights in respect of this information.
All information collected will, or may, be used for providing professional services to our wholesale clients in Australia as defined under s761G of the Corporations Act 2001 and complying the Corporations Act 2001and any other required legislation. This may include disclosing personal and sensitive information to potential investors, companies, professional advisors, lawyers, accountants and/or our associated businesses with the approval from our client in the event that our client’s objectives require additional services. We may also use personal information to provide investment updates and marketing material to individuals.
The type of personal and sensitive information we collect and maintain will depend upon the services we provide for our clients. This may include personal information such as name, address, financial position and contact details provided when instructing us to act on your behalf you request from us. We may also indirectly collect personal and sensitive information on individuals when acting for our clients or directly from individuals who contact us, visit our website or attend our seminars.
Clients may request access to the personal and sensitive information collected by Titanium Equities by written correspondence via mail or email information in accordance with the National Privacy Principles. If any Client is dissatisfied with the handling of personal information, please contact Titanium Equities at firstname.lastname@example.org to discuss the complaint. If the matter is not resolved by Titanium Equities, then you may contact the Office of the Privacy Commissioner on 1300 363 992 or access further information on the Privacy Commissioner’s website at www.privacy.gov.au. For a comprehensive list of all the principles please visit the Privacy Commissioner’s website. Titanium Equities is bound by the National Privacy Principles and can be summarised as follows:
COLLECTION OF INFORMATION
1.1 Titanium Equities must not collect personal information unless the information is necessary for one or more of its functions or activities.
1.2 Titanium Equities must collect personal information only by lawful and fair means and not in an unreasonably intrusive way.
1.3 At or before the time (or, if that is not practicable, as soon as practicable after) Titanium Equities collects personal information about an individual from the individual, Titanium Equities must take reasonable steps to ensure that the individual is aware of:
(a) the identity of Titanium Equities and how to contact it; and
(b) the fact that he or she is able to gain access to the information; and
(c) the purposes for which the information is collected; and
(d) Titanium Equities (or the types of organisations) to which Titanium Equities usually discloses information of that kind; and
(e) any law that requires the particular information to be collected; and
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
1.4 If it is reasonable and practicable to do so, Titanium Equities must collect personal information about an individual only from that individual.
1.5 If Titanium Equities collects personal information about an individual from someone else, it must take reasonable steps to ensure that the individual is or has been made aware of the matters listed in subclause 1.3 except to the extent that making the individual aware of the matters would pose a serious threat to the life or health of any individual.
USE AND DISCLOSURE
2.1 Titanium Equities must not use or disclose personal information about an individual for a purpose (the secondary purpose) other than the primary purpose of collection unless:
(a) both of the following apply:
(i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection;
(ii) the individual would reasonably expect Titanium Equities to use or disclose the information for the secondary purpose; or
(b) the individual has consented to the use or disclosure; or
(c) if the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing:
(i) it is impracticable for Titanium Equities to seek the individual’s consent before that particular use; and
(ii) Titanium Equities will not charge the individual for giving effect to a request by the individual to Titanium Equities not to receive direct marketing communications; and
(iii) the individual has not made a request to Titanium Equities not to receive direct marketing communications; and
(iv) in each direct marketing communication with the individual, Titanium Equities draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
(v) each written direct marketing communication by Titanium Equities with the individual (up to and including the communication that involves the use) sets out Titanium Equities’ business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which Titanium Equities can be directly contacted electronically;
(d) Titanium Equities has reason to suspect that unlawful activity has been, is being or may be engaged in, and uses or discloses the personal information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
(e) the use or disclosure is required or authorised by or under law; or
(f) Titanium Equities reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
(i) the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime;
(iii) the protection of the public revenue;
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
This subclause does not override any existing legal obligations not to disclose personal information. Nothing in subclause 2.1 requires Titanium Equities to disclose personal information; Titanium Equities is always entitled not to disclose personal information in the absence of a legal obligation to disclose it.
Titanium Equities must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.
4.1 Titanium Equities must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.
4.2 Titanium Equities must take reasonable steps to destroy or permanently the identify of personal information if it is no longer needed for any purpose for which the information may be used or disclosed under National Privacy Principle 2.
5.1 Titanium Equities must set out in a document clearly expressed policies on its management of personal information. Titanium Equities must make the document available to anyone who asks for it.
5.2 On request by a person, Titanium Equities must take reasonable steps to let the person know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
ACCESS AND CORRECTION
6.1 If Titanium Equities holds personal information about an individual, it must provide the individual with access to the information on request by the individual, except to the extent that:
(a) providing access would have an unreasonable impact upon the privacy of other individuals; or
(b) the request for access is frivolous or vexatious; or
(c) the information relates to existing or anticipated legal proceedings between Titanium Equities and the individual, and the information would not be accessible by the process of discovery in those proceedings; or
(d) providing access would reveal the intentions of Titanium Equities in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
(e) providing access would be unlawful; or
(f) denying access is required or authorised by or under law; or
(g) providing access would be likely to prejudice an investigation of possible unlawful activity; or
(h) providing access would be likely to prejudice:
the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of the public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or
(i) an enforcement body performing a lawful security function asks Titanium Equities not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia.
6.2 However, where providing access would reveal evaluative information generated within Titanium Equities in connection with a commercially sensitive decision making process, Titanium Equities may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
6.3 If Titanium Equities is not required to provide the individual with access to the information because of one or more of paragraphs 6.1(a) to (i) (inclusive), Titanium Equities must, if reasonable, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties.
6.4 If Titanium Equities charges for providing access to personal information, those charges:
(a) must not be excessive; and
(b) must not apply to lodging a request for access.
6.5 If Titanium Equities holds personal information about an individual and the individual is able to establish that the information is not accurate, complete and up-to-date, Titanium Equities must take reasonable steps to correct the information so that it is accurate, complete and up-to-date.
6.6 If the individual and Titanium Equities disagree about whether the information is accurate, complete and up-to-date, and the individual asks Titanium Equities to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, Titanium Equities must take reasonable steps to do so.
6.7 Titanium Equities must provide reasons for denial of access or a refusal to correct personal information.
7.1 Titanium Equities must not adopt as its own identifier of an individual an identifier of the individual that has been assigned by:
(a) an agency; or
(b) an agent of an agency acting in its capacity as agent; or
(c) a contracted service provider for a Commonwealth contract acting in its capacity as contracted service provider for that contract.
7.2 Titanium Equities must not use or disclose an identifier assigned to an individual by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, unless:
(a) the use or disclosure is necessary for Titanium Equities to fulfil its obligations to the agency; or
(b) one or more of paragraphs 2.1(e) to 2.1(f) (inclusive) apply to the use or disclosure; or
(c) the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
7.3 In this clause, identifier includes a number assigned by Titanium Equities to an individual to identify uniquely the individual for the purposes of Titanium Equities’ operations. However, an individual’s name or ABN (as defined in the A New Tax System (Australian Business Number) Act 1999) is not an identifier.
Wherever it is lawful and practicable, individuals must have the option of not identifying themselves when entering transactions with an organisation.
TRANS-BORDER DATA FLOWS
Titanium Equities in Australia or an external Territory may transfer personal information about an individual to someone (other than Titanium Equities or the individual) who is in a foreign country only if:
(a) Titanium Equities reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or
(b) the individual consents to the transfer; or
(c) the transfer is necessary for the performance of a contract between the individual and Titanium Equities, or for the implementation of precontractual measures taken in response to the individual’s request; or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between Titanium Equities and a third party; or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual;
(ii) it is impracticable to obtain the consent of the individual to that transfer;
(iii) if it were practicable to obtain such consent, the individual would be likely to give it; or
(f) Titanium Equities has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles.
10.1 Titanium Equities must not collect sensitive information about an individual unless:
(a) the individual has consented; or
(b) the collection is required by law; or
(c) the collection is necessary to prevent or lessen a serious and imminent threat to the life or health of any individual, where the individual whom the information concerns:
(i) is physically or legally incapable of giving consent to the collection; or
(ii) physically cannot communicate consent to the collection;