- AML/CTF means anti-money laundering and counter-terrorism financing.
- Gillespie Advisory means Gillespie Advisory Pty Ltd (ABN 62 627 317 515) which is a corporate authorised representative (1292365) and a credit representative (533928) of Gillespie Finance.
- Gillespie Finance means Gillespie Finance Directions Pty Ltd (ABN 40 122 284 888) (AFSL & ACL 478547)
- Gillespie Group, we, us and our means Gillespie Advisory, Gillespie Finance, Gillespie Financial Services Pty Ltd (ABN 33 627 733 368), Gillespie & Co Unit Trust (ABN 38 184 232 217), Gillespie Wealth Management Pty Ltd (ABN 40 608 731 540) and any other related entity.
- 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.
What personal information do we collect?
Collection of Personal Information
We will ask you for personal information before or at the time when you become a client of a Gillespie Group entity. The types of personal information we collect include:
- contact details – your full name, postal and/or residential address, email address, telephone numbers and fax numbers;
- documents confirming your identify – for example, driver’s licence, medicare cards, passport details, marriage and birth certificates, and a director identification number (issued by ASIC);
- banking details – including bank account and credit card statements;
- Your date of birth;
- Your Tax File Number;
- Your employer’s name and address;
- the names and addresses of your dependents or beneficiaries;
- 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;
- your creditworthiness; and
- other personal information reasonably necessary for one or more of our purposes, functions or activities set out below.
We will only collect personal information by lawful and fair means and where the information is reasonably necessary to one or more of our functions or activities (as identified under ‘How do we use your personal information’ below).
We generally collect the personal information mentioned above directly from you (the client) with your consent. There will be instances where we collect personal information from a third party where it is unreasonable or impractical to collect the information directly from you. Such third parties may include:
- an individual’s employer;
- an organisation with whom the individual has dealt or which maintains a public record; or
- a credit reporting agency; or
- a bank.
We do credit checks with credit reporting agencies for our lending services. Where appropriate we will provide you with a privacy consent form (or similarly named document) but in any event by engaging us, you provide your consent for us to use your personal information to undertake such services and checks. Please also see our Privacy disclosure statement and consent statement (part of our credit guide which is available on request).
Depending on the services for which you are engaging us, we may collect personal information from third parties in respect of AML/CTF checks which are required to be carried out under AML/CTF legislation.
Collection of Sensitive Information
Sensitive information is defined in the Act as information about an individual’s ethnic origin, beliefs (whether political, religious or philosophical), sexual orientation, criminal history, health, genetics and membership of political or trade associations.
We may need to collect some sensitive information (like medical and lifestyle information, and information about bankruptcy, genetic testing, and criminal history etc) where you are applying for insurance that relates to those matters (life insurance, income protection insurance for example).
We will collect sensitive information with the relevant individual’s consent and where the collection is reasonably necessary for one or more of our purposes, functions or activities. An individual’s consent is not required to collect sensitive information where the collection of that information is required or authorised by or under any Australian law or a court order, or where a permitted general situation exists.
How do we use your personal information?
Purposes for which personal information is collected
We collect personal information (including credit information) only to the extent that such information is reasonably necessary for, or directly related to, one or more of our purposes, functions or activities. Our purposes, functions and activities include:
- financial planning advice;
- personal insurance advice;
- accounting and compliance services;
- credit advice and services;
- software subscription services;
- education and training services;
- invoicing and client surveys;
- running and improving our services and business, and to help resolve any problems;
- complying with our legal obligations;
- to consider making offers of employment, or to maintain details of our existing employees; and
- the provision of information relating to business services, wealth management, lending solutions and technology, whether through a newsletter, seminars or other marketing events (including promotions, new services and special offers).
Essentially, we use the information you provide to advise and assist you with your needs. We may also take steps to verify your identify as part of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No 1)(Cth).
Disclosure of Information within Australia
We do not share information about you with other businesses or government agencies without your permission unless it;
- is necessary to provide you with a service that you (or your employer) has requested;
- is required or authorised by law; or
- will prevent or lessen a serious and imminent threat to somebody's
To deliver you with services, we may share your information with:
- affiliated product and service providers;
- regulatory bodies and government agencies;
- credit providers;
- credit reporting agencies;
- insurers (including potential insurers);
- medical practitioners (to verify or clarify any health information provided);
- other financial institutions or organisations (including banks) if you seek credit from them;
- our own contractors or professional advisers (for example lawyers, ICT providers);
- to our credit licensee (for administration or supervision activities); and
- other third parties at your direction/request.
Disclosure of Information outside of Australia
We may only disclose personal information to a person or entity that is not in Australia (the Overseas Recipient) without your consent in circumstances where:
- we reasonably believe that the Overseas Recipient is subject to a law that affords protection of personal information that is substantially similar to the protection afforded under the Act and we can enforce such protection under the overseas law; or
- we take reasonable steps to ensure that the Overseas Recipient acts in accordance with the Australian Privacy Principles in relation to the storage, use and disclosure of the personal information.
Otherwise, we will seek your consent to the use and disclosure of your personal information to an Overseas Recipient.
Direct marketing occurs where entities use the personal information they collect to market related or other goods and services to the individual who provided the information. A common example is where an organisation emails individuals a monthly newsletter, or updates on new products or services offered.
We may use or disclose personal information for the purpose of direct marketing only where we have collected the personal information from you, you would reasonably expect us to use or disclose the information for that purpose and you have not made a request to “opt out” of this direct marketing.
You can opt out of receiving any written or electronic marketing material and communications by writing or emailing the Privacy Officer detailed below (or by clicking the “unsubscribe” function within any email)
What if you don’t provide some information to us?
If you don’t provide us with full information, we may not be able to properly advise or assist you with your needs.
You do have the right to withhold your Tax File Number (TFN). Declining to provide us with your TFN is not an offence, but there may be adverse financial consequences for you. For example, individuals who do not provide their TFN to an employer or financial institution may have tax deducted from their income or interest payments at the highest marginal rate.
Unless we have your consent, we will not share your TFN amongst the Gillespie Group entities. The entity that collected the TFN will only use it to conduct your affairs and disclose that TFN to you, the Australian Taxation Office, or to investment bodies (depending on the services for which you have engaged us).
How do we hold and protect your information?
We strive to maintain the reliability, accuracy, completeness and currency of the personal information we hold and to protect its privacy and security. We keep personal information only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.
We hold the information we collect from you in a secure lockable file cabinet located in our office and through encrypted electronic files.
We ensure that your information is safe by security card access to the premises, lockable filing cabinets and encryption on all electronic files. All office computers have high security passwords.
How can you check, update or change the information we are holding?
Upon receipt of your written request and enough information to allow us to identify the information, we will disclose to you the personal information we hold about you. We will also correct, amend or delete any personal information that we agree is inaccurate. We reserve the right not to disclose the personal information we hold about you or to correct the information, if an exception under the Act applies, in which case we will give you a written explanation as to why your request was denied or limited.
If you wish to access or correct your personal information please write to the Privacy Officer at email@example.com or contact the office on 02 6260 4994. We do not charge a fee for receiving a request for access to personal information or for complying with a correction request. We do not charge for providing access to personal information.
By engaging the services of Gillespie Group (or one of those entities), you consent to the collection and use of the information you have provided to us for the purposes described above.
Tell us what you think
We welcome your questions and comments about privacy. If you have any concerns or complaints, please contact the Privacy Officer on either 02 6260 4994 or at firstname.lastname@example.org.
If you are not satisfied with the resolution of your complaint, you can raise any concerns with the Australian Financial Complaints Authority. We are a member of AFCA and AFCA’s details are:
- Phone: 1800 931 678
- Address: GPO Box 3 Melbourne VIC 3001
- Website: https://www.afca.org.au/
Tax File Number Storage Policy
If Gillespie Advisory Pty Ltd (ACN 627 317 515) (Gillespie Advisory) has requested you to provide your Tax File Number (TFN), then Gillespie Advisory’s collection, storage, use and disclosure of that TFN is subject to the following:
- Gillespie Advisory agrees to only use the TFN for purposes approved by law. These purposes include any services, including any bookkeeping, taxation or accounting services provided to you by Gillespie Advisory, or any other services provided by Gillespie Advisory on your behalf. These purposes may change in the future.
- Gillespie Advisory may disclose your TFN to the Commissioner of Taxation, or as otherwise allowed by law.
- You are under no obligation to provide your TFN and declining to quote your TFN is not an offence.
- If you do not provide your TFN, Gillespie Advisory may not be able to perform the services, such as accounting and bookkeeping services, which you have instructed Gillespie Advisory to perform. We may not be able to file or complete your tax return, assist you with your payroll and other bookkeeping services, or otherwise assist you to comply with your taxation obligations. Alternatively we may only be able to provide you with only a portion of the services you have instructed us to perform. These consequences may change in the future.
- Gillespie Advisory agrees to implement the necessary security to ensure that your TFN is not disclosed to any party not noted above or misused by anyone.
- Gillespie Advisory agrees to remove and destroy all records of your TFN should you instruct us to.