Legal
Disclaimer
This website has been created by Smartrader Limited (ABN 37 115 752 102) AFSL 295337 (SmarTrader), a member of the BBY.
Jurisdiction: SmarTrader is not authorised to carry on business in any jurisdiction other than Australia. Accordingly, the information contained on this website is directed to and available for Australian residents only.
Electronic communications: given the inherent characteristics of electronic communications, there may be delays, omissions or inaccuracies in information contained in this website. SmarTrader does not accept any liability in this regard.
Liability: SmarTrader shall not be liable to you or anyone else for any indirect, special, incidental or consequential damages in negligence, contract, under fiduciary duties or otherwise, including, without limitation, to your computer or computer system or settings, loss of data, revenue or profits, which you may suffer arising out of your use, delay in using or inability to access this website, or in any other way connected with this website, including without limitation from the downloading of any software from this website. SmarTrader disclaims any representation or warranty that the website or materials will meet your requirements or that the website or any software will be secure or free from errors or viruses. Certain links in this website may connect to other websites rendered by third parties over whom SmarTrader has no control. SmarTrader make no representations as to the accuracy or any other aspect of information contained in any other websites. Users use the information and links at their own risk.
Intellectual property: all intellectual property rights in this website are, and at all times remain, the property of the BBY Group.
Applicable law: this website shall be governed by the Law of New South Wales. Users agree that the law of New South Wales will have exclusive jurisdiction over any disputes arising from this website.
Regulatory information: SmarTrader is licensed and regulated in Australia by the Australian Securities and Investments Commission.
Privacy
SmarTrader is committed to implementing and promoting a privacy policy which will ensure the privacy and security of your Personal Information. The following Privacy Policy expresses our policies on the management of your Personal Information.
1. National Privacy Principles
The BBY Group abides by the National Privacy Principles
established under the Privacy Amendment (Private Sector) Act
2001. A summary of the National Privacy Principles is
available on our website or by contacting our office.
2. Collection of Personal Information
2.1 As a licensed securities dealer and as a futures broker 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”). In order to provide you with a comprehensive advisory and dealing service in financial products (“Financial Products”), we require certain Personal Information about you, including:
a. your employment details;
b. home address
and contact details;
c. details of your income, assets and liabilities.
2.2 We will not collect any Personal Information about you except where you have knowingly provided that information to us or authorised a third party to provide that information to us.
2.3 Generally, collection of your Personal Information will be effected either by face to face interviews, over the telephone, by email or by completion of a client account application form. From time to time additional and/or updated Personal Information may be collected through one or more of those methods.
2.4 We will only collect, maintain and use Personal Information about you if it is necessary for us to adequately provide to you the services you have requested including:
a. making Financial Product recommendations;
b. executing Financial Product transactions on your behalf;
c. clearing and settling Financial Products transactions on your
behalf,
- and all things necessary or incidental to the above.
3. Use and Disclosure of Personal Information
3.1 We will not use or disclose Personal Information collected
by us for any purpose other than:
a. the purposes for which it was provided or secondary related
purposes in circumstances where you would reasonably expect such
use or disclosure; or
b. where you have consented to such disclosure; or
c. where the National 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.
3.2 We are required under the Corporations Act to make certain information available for inspection by the Australian Securities and Investments Commission on request to ensure ongoing compliance with licensing and regulatory requirements. This may involve the disclosure of your Personal Information.
3.3 We may use the Personal Information collected from you for the purpose of providing you with investment product and services information and marketing material for any member of the BBY Group such as research that may be of interest to you. However, you may, by contacting us by any of the methods detailed below, request not to receive such information and we will give effect to that request. Please allow 2 weeks for your request to be actioned.
3.4 We may disclose your Personal Information to market operators, clearers and product issuers for the purpose of giving effect to your instructions and the recommendations made by us.
3.5 We may disclose your Personal Information to external contractors for the following purposes:
a. execution, clearing and settlement of Financial Products
transactions
b. registration and/or changes to shareholder details;
c. accounting for Financial Products transactions;
d. causing statutory audits to be conducted as required by law;
e. maintenance and service of our information technology systems;
and
f. in the course of reviews by external consultants.
It is a condition of our agreement with each of our external contractors that they adopt and adhere to this privacy policy. You can be assured that your information will be maintained by any contractor to whom it is disclosed in accordance with this policy. If you have any concerns in this regard, you should contact us by any of the methods detailed below.
4. Document storage and security
4.1 Your Personal Information is generally held in your client
file. Information may also be held in a computer database.
4.2 We will at all times seek to ensure that the 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 and stored securely. Access to our premises is controlled by allowing only personnel with security passes to access the premises. Unauthorised persons are strictly prohibited from entering our dealing rooms. All computer based information is protected through the use of access passwords on each computer and screen saver passwords. Data is backed up each evening.
4.3 In the event you cease to be a client of the BBY Group, any Personal Information which we hold about you will be maintained in a secure off site storage facility for a period of 7 years in order to comply with legislative and regulatory requirements, following which time the information will be destroyed.
4.4 When permitted by your agreement with us, telephone recordings of your conversations with us may be kept, used and deleted prior to the expiry of the 7 year period.
5. Access to your Personal Information
5.1 You may at any time, by contacting us by any of the methods
detailed below, 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.
5.2 We will not provide you with access to your Personal Information if:
a. providing access would pose a serious threat to the life
or health of a person;
b. providing access would have an unreasonable impact on the
privacy of others;
c. the request for access is frivolous or vexatious;
d. the information related to existing or anticipated legal proceedings
between us and would not be discoverable in those proceedings;
e. providing access would reveal our intentions in relation to
negotiations with you in such a way as to prejudice our position
in those negotiations;
f. providing access would be unlawful;
g. denying access is required or authorised by or under law;
h. providing access would be likely to prejudice certain operations
by or on behalf of an enforcement body or an enforcement body
requests that access not be provided on the grounds of national
security, enforcement or prosecution reasons.
5.3 In the event we refuse you access to your Personal Information, we will provide reasons, if permitted.
6. Correction of Personal Information
6.1 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, incomplete
or outdated, you may contact us by any of the methods detailed
below and provide to us evidence of the inaccuracy or incompleteness
or outdatedness and we will, if we agree that the information
requires correcting, take all reasonable steps to correct the
information.
6.2 If we do not agree that your Personal Information requires correcting, we must, if you request, take reasonable steps to ensure that whenever your Personal Information is accessed or handled in the future, it is apparent that you are not satisfied as to the accuracy or completeness of that information.
6.3 We will endeavour to respond to any request for access within 14-30 days depending on the complexity of the information and/or the request. If your request is urgent please indicate this clearly.
7. Internet Privacy
7.1 This website may contain links to other websites whose operator
may or may not adhere to a privacy policy or be governed by
the National Privacy Principles.
7.2 Cookies: our website uses cookies which allow us to identify your browser while you are using our site. Cookies do not identify you, they simply allow us to track usage patterns so that we can measure the level of interest in various areas of our site. All browsers allow you to be notified when you receive a cookie and elect to either accept it or not. Your internet service provider should be able to assist you to set your preferences.
8. Complaints
8.1 If you wish to complain about any breach or potential breach
of this privacy policy or the National Privacy Principles,
you should direct your complaint to the Privacy Officer whose
details appear below. Your complaint will be dealt with in
accordance with BBY Group internal dispute resolution
program, details of which are available from our website or
by contacting your adviser. It is our intention to use
our best endeavours to resolve any complaint to your satisfaction. However,
if you are unhappy with our response, you are entitled to contact
the Office of the Privacy Commissioner who may investigate
your complaint further.
PRIVACY OFFICER
Address:
BBY Group
Level 17, 60 Margaret St
Sydney, NSW 2000
Tel: 61 2 9226 0000