Protecting your privacy
Protecting your privacy and the confidentiality of your personal information is fundamental to the way ETFS Management (AUS) Limited (“ETFS” or “we”) does business.
As a financial services organisation, ETFS recognises the importance and value of handling personal information, including sensitive information, confidentially. We value the ongoing trust you have in us to protect your privacy.
Personal information is information or an opinion about you
Which ETFS entities does this Policy cover?
All ETFS entities are subject to strict standards in relation to the handling of personal information, regardless of where those entities are located.
How to contact ETFS
Our privacy framework
ETFS is bound by the Privacy Act and the 13 Australian Privacy Principles (APPs) set out in that Act. The APPs regulate the way that certain entities handle personal information.
The Privacy Act does not apply to the handling of information that does not relate to individuals – for instance information about corporations.
Collecting your personal information
ETFS collects your personal information so that we can perform our various functions and activities. ETFS also collects your personal information if the law requires us to collect it.
If ETFS does not collect your personal information, we may not be able to deal with you, or provide you with a product or service.
ETFS collects most personal information directly from you. For example, you provide us with your information when you open an account, fill in an application form, deal with us over the telephone, send us a letter or use our websites or from our conduct of marketing activities which may include requests for more information for example competitions or requesting ‘business cards’.
If you apply for one of ETFS’s products or services, ETFS may collect and hold information from you such as:
place of work
your transaction history.
Collecting information from third parties
ETFS may also collect information about you that is publicly available, including information from telephone directories, the electoral roll or other websites.
There may be occasions when ETFS collects personal information about you from a third party. For example:
organisations that ETFS has an arrangement with to jointly offer products and/or has an alliance with to share information for marketing purposes to provide you with products or services and/or to promote a product or service;
our related entities so we can better manage your relationship with all ETFS companies;
marketing companies if we acquire contact information to tell people about ETFS products and services that may interest them; and
brokers and other parties who may have introduced you to ETFS.
For investors in exchange traded funds (“ETFs”) traded on the Australian Securities Exchange (“ASX”), Computershare Investors Services Limited ("Computershare") has been contracted by us to provide various registry services (e.g. processing distribution payments). When you become a shareholder or unit holder in an ETF, personal information about you will be collected. The collection of such information enables Computershare to perform its role as the registry services provider. Computershare may disclose this information to us upon reasonable request as part of our continual efforts to update and enhance the products and services we provide to our investors.
Using your personal information
We may use and disclose personal information we collect about you for several purposes including:
to enable ETFS to provide a product or service;
to tell you about other products and services that may be of interest to you;
to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion or provision of a product or service;
to manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring and staff training, collecting debts and market or customer satisfaction research);
to consider any concerns or complaints you raise against ETFS and/or to manage any legal action between you and ETFS;
to prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty pursuant to an agreement with any tax authority; and
as required by relevant laws, regulations, codes of practice and external payment systems.
Disclosing your personal information overseas
ETFS may need to disclose your information to organisations located overseas.
The most common reason for ETFS disclosing information overseas is because we use service providers to perform some functions on our behalf, and some of these service providers are located overseas. We only disclose your information to these organisations when it is necessary for the services they provide ETFS.
For the most part, these service providers are related entities of ETFS which perform a range of technology, operational and customer service functions for ETFS.
ETFS may also use other offshore service providers to help provide you with our products and services or identify ways to improve our service to you.
When we disclose your information overseas, we are required to take measures to ensure your information is treated in accordance with the standards that apply in Australia except in rare cases (for example, where we are required by law to disclose your information overseas) or unless where we obtain your consent not to take these measures.
The above is not a complete list of the countries to which your information may be disclosed when using an ETFS product or service. In some circumstances, the nature of the product or service you request may require ETFS to disclose your information overseas and the countries to which we may disclose your information will depend on the particular circumstances. For example, if you request to transfer funds to an overseas account using a telegraphic transfer, ETFS will be required to disclose your information to one or more overseas banks that are involved in making the payment. The location of these banks depends on where you want to send your funds.
Marketing and privacy
As part of our service to you, we may use personal information we have collected about you to identify a product or service that may benefit you. The ETFS business you deal with may contact you from time to time to let you know about new or existing products or services. It may also disclose your personal information to related ETFS entities or business partners to enable them to tell you about a product or service.
You can contact the relevant ETFS contact you deal with at any time if you do not want to receive marketing information from them. The relevant contact details are as follows:
Phone: +61 (2) 8311 3488
Address: Level 7, 50 King Street, Sydney NSW 2000 Australia
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to “remember” you and your preferences, either for a single visit (through a “session cookie”) or for multiple repeat visits (using a “persistent cookie”). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as “first party cookies”), or by third parties, such as those who serve content or provide advertising or analytics services on the website (“third party cookies”).
Both websites and HTML emails may also contain other tracking technologies such as “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
We use first party cookies from Google Analytics to understand what pages of the website people are visiting and basic analytics. We also use third party cookies from Pardot to assist us in delivering you more personalised marketing material around out products.
ETFS protects your information
ETFS protects your personal information from misuse and loss. We also protect it from unauthorised access, modification and disclosure by ensuring that your personal information can only be accessed by people properly authorised to have access.
ETFS may store your personal information in hardcopy documents or electronically. ETFS maintains physical security, such as locks and security systems, over our paper and electronic data stores and premises. ETFS also maintains computer and network security. For example, ETFS uses firewalls (security measures for the internet) and other security measures such as identification codes and passwords to control access to computer systems. ETFS continually maintains and monitors its online security systems to ensure that online services are secure and that your personal information is appropriately protected when you use these services.
Protecting your privacy
You can help us to protect your privacy by observing our security requirements and contacting us immediately if your contact details change. We require you to keep any personal identification number (PIN), passwords and access codes confidential and secure at all times. This means that you should not disclose your PIN, passwords or access codes to any other person. You should contact ETFS immediately if you believe that your PIN, passwords or access codes may have been disclosed to another person or if you would like to change your PIN or password.
How do I access my personal information?
Subject to some exceptions, you can find out what personal information ETFS holds about you, including what information we have obtained through the credit reporting system.
You should contact ETFS if you wish to find out about the personal information an ETFS company holds about you. We will need to verify your identity before giving you access.
We will normally be able to deal with your request immediately. If the request is complex, we will ask you to complete a personal information request form. We can usually deal with such a request within 14 to 30 days. Depending on the complexity of your request, we may charge a fee for processing the request. We will advise you of any cost when you seek the information. We will not charge you a fee for simply requesting a correction to your personal information.
In certain circumstances, ETFS may not be able to tell you what personal information is held about you. In these circumstances, we will write to you to explain why we cannot provide you with the information and attempt to find alternative means to enable you to access your information.
How do I request correction of my information?
If you believe that the personal information we hold is inaccurate, incomplete or out-of-date, you should contact us. We will promptly update any personal information that is inaccurate, incomplete or out of date. If we do not agree that your information is inaccurate, incomplete or out of date, we will write to you and tell you the reason(s) why we do not agree with you. We will also tell you what you can do if you are not satisfied with our response.
Resolving your concerns
You are entitled to complain if you believe that your privacy has been compromised or that ETFS has breached the Privacy Act, or an applicable code.
If you have a privacy complaint, you can contact the person that you have been dealing with. Alternatively, you can lodge a complaint with our privacy officer as follows:
Phone: +61 (2) 8311 3488
Address: Level 7, 50 King Street, Sydney NSW 2000 Australia
Managing your complaint
If you make a complaint, ETFS will respond within 48 hours to let you know who is responsible for managing your complaint. ETFS will try to resolve your complaint within 10 working days. When this is not possible, ETFS will contact you within that time to let you know how long we will take to resolve your complaint.
ETFS will investigate your complaint. ETFS will make a decision about your complaint and write to you to explain our decision.
If your complaint is not satisfactorily resolved, you may access an external dispute resolution service or apply to the Office of the Australian Information Commissioner (OAIC) to have the complaint heard and determined. When we write to you about our decision, we will explain how you may access an external dispute resolution scheme or make a complaint to the OAIC.
Changes to this policy
We may update this policy from time to time. Please review it regularly. This policy was last updated in June 2020.