Erben Pty Ltd
This policy sets out the types of personal information that Erben Pty Ltd, and its related bodies corporate, (Erben) collects, how it collects and uses that information, who it may disclose the information to, how you can access and change your personal information and how to make a privacy complaint.
As an Australian financial services licensee, Erben ensures that there are adequate resources in place to develop, implement and maintain a privacy program and response plan. All representatives of Erben are aware of its privacy program and are encouraged to identify privacy issues and notify Erben of them directly.
Erben commitment to privacy
Erben is committed to providing the highest levels of client service.
Erben recognises that privacy is very important to everybody. As such, the organisation is committed to providing a privacy program to ensure the correct management of personal information, identification of breaches or suspected breaches of the privacy program and utilising the breach response plan to ensure it can respond quickly to suspected data breaches, and take appropriate steps as required under the NDB Scheme.
What are the Australian Privacy Principles?
- Open and transparent management of personal information
- Anonymity and pseudonymity
- Collection of solicited personal information
- Dealing with unsolicited personal information
- Notification of the collection of personal information
- Use or disclosure of personal information
- Direct Marketing
- Cross-border disclosure of personal information
- Adoption, use or disclosure of government related identifiers
- Quality of personal information
- Security of personal information
- Access to personal information
- Correction of personal information
The Australian Privacy Principles can be found here.
What personal information Erben may collect:
When you apply for products or services, Erben may ask for identification information. This could include your name, address, contact details and date of birth. Erben may also collect your tax file number if authorised to collect it, and if you choose to supply it.
Some of the information collected is to ensure that other legislative requirements are met such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
How Erben collects personal information:
Erben collects personal information directly from you and, if authorised by you, also from third parties. You have a right to refuse for Erben to collect your information from a third party.
How Erben uses your personal information:
Primarily, your personal information is used to provide you with products or services. Erben may also use the information that is related to the primary purpose, and it is reasonable for you to expect that information to be disclosed to assist in providing you with a product or service.
The information that Erben seeks to collect about you will depend on the products or services that it provides. If you provide inaccurate or incomplete information, it may not be able to provide you with the services requested.
Your personal information may be shared between Erben Pty Ltd’s related bodies corporate including to Stirling Capital Nominees, Stirling PM and Stirling Capital.
Occasionally, Erben may provide you with direct marketing material. This will include articles and newsletters that may be of interest to you. Erben may only use sensitive information about you for direct marketing once it has received your consent.
Erben maintains records of the source of the personal information used for direct marketing and you have the right to request these details. Erben will endeavour to meet your request within two (2) weeks.
In compliance with the hawking provisions in the Corporations Act 2001 (Cth), Erben maintains a register of those individuals not wanting to receive direct marketing materials.
When Erben can disclose your information:
In line with the business practices of many financial institutions, and to meet your specific needs, Erben may disclose your personal information to the following organisations:
- Superannuation fund trustees, insurance providers, fund managers and other product providers in order to manage or administer your product or service.
- Compliance consultants.
- Temporary staff to handle workloads during peak periods.
- Mailing houses.
- Your professional advisers, including your solicitor or accountant as authorised by you.
- Information technology service providers.
- Government and regulatory authorities, as required or authorised by law.
- A potential purchaser/organisation involved in the proposed sale of Erben business for the purpose of due diligence, corporate re-organisation and transfer of all or part of the assets of the business. Disclosure will be made in confidence, and it will be a condition of that disclosure that no personal information will be used or disclosed by them.
- A new owner of the business that will require the transfer of your personal information.
Erben employees, third parties and contractors are obliged to respect the confidentiality of any personal information held by Erben.
The Corporations Act 2001 (Cth) has provided the Australian Securities and Investments Commission with the authority to inspect certain personal information that is kept on Erben files about you.
Erben takes its obligations to protect your information seriously, this includes if/when Erben operates throughout Australia and overseas, as part of its operations. Some uses and disclosures of your information may occur outside your State or Territory and/or outside of Australia. In some circumstances Erben may need to obtain your consent before disclosure of your information outside Australia occurs.
How Erben stores and secures your personal information:
Erben keeps your personal information in your hard copy client file on its premises or electronically. These files are accessible to authorised personnel only and are appropriately secured and subject to confidentiality requirements.
It is a legislative requirement that Erben keep all personal information and records for a period of seven (7) years. Should you cease to be a client, Erben will maintain your personal information on or off site in a secure manner for seven (7) years. After this period, the information will be appropriately destroyed.
Ensuring your personal information is correct:
Erben takes all reasonable precautions to ensure that the personal information collected, used and disclosed is accurate, complete and up to date. To ensure that it can maintain this level of accuracy and completeness it is recommended that, as soon as possible, you:
- inform Erben of any errors in your personal information; and
- update Erben with any changes to your personal information.
Receiving unsolicited information:
Erben does not usually collect unsolicited personal information. Where Erben has received unsolicited personal information, it will determine whether that information would have been permissible to collect if it had been solicited. If Erben determines that collection would not have been permissible, to the extent permitted by law, the personal information will be appropriately destroyed or de-identified as soon as practicable.
Accessing your own personal information:
You have a right to access your personal information, subject to certain exceptions allowed by law. Erben asks that you provide a request in writing (for security purposes) and it will provide you with access to that personal information. Access to the requested personal information may be refused for the following reasons:
- Providing access would pose a serious threat to the life or health of a person.
- Providing access would have an unreasonable impact on the privacy of others.
- The request for access is frivolous or vexatious.
- The information is related to existing or anticipated legal proceedings between Erben and a client and would not be discoverable in those proceedings.
- Providing access would reveal Erben intentions in relations to negotiations with you in such a way as to prejudice those negotiations.
- Providing access would be unlawful.
- Denying access is required or authorised by or under law.
- 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.
Should Erben refuse access to your personal information, a written explanation for that refusal will be provided.
Using government identifiers
In certain circumstances Erben is required to collect government identifiers such as your tax file number, Medicare number or pension card number. Erben does not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.
Dealing with Erben anonymously
You can deal with Erben anonymously or by using a pseudonym where it is lawful and practicable to do so, for example when telephoning to request publicly accessible information such as our postal address or operating hours.
It would not be lawful to access our products or services anonymously or by using a pseudonym.
Your sensitive information
Without your consent Erben will not collect information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, memberships of professional or trade associations, membership of a trade union, details of health, disability, sexual orientation or criminal record.
This is subject to some exception, including if collection is required by law or when the information is necessary for the establishment, exercise or defence of a legal claim.
Erben’s website/s may provide links to third party websites. If you disclose personal information to these third-party sites, the use of your information by these third-parties is not within Erben’s control and Erben cannot accept responsibility for the conduct of these organisations. Other websites are not subject to Erben’s privacy standards. You will need to contact or review those websites directly to ascertain their privacy policies.
You may register on Erben’s website/s to receive newsletters and other information, and by doing so, your name and email address will be collected and stored on Erben’s database. Erben will take care to ensure that the personal information you provide on its website/s is protected by having electronic security systems in place, including the use of firewalls and data encryption.
If you do not wish to receive any further information from Erben, or you wish to update your registration details, please email your request directly to Erben. Erben will endeavour to meet your request within five (5) business days.
Erben’s website/s utilise cookies to provide you with a better user experience. Cookies also allow Erben to identify your browser while you are using the site – the cookies do not identify you personally. If you do not wish to receive cookies, you can instruct your web browser to refuse these cookies.
Spam is a generic term used to describe electronic ‘junk mail’ – unwanted messages sent to a person’s email account or mobile phone. In Australia, spam is defined as “unsolicited commercial electronic messages”.
Electronic messaging covers emails, instant messaging, SMS and other mobile phone messaging, but it does not cover normal voice-to-voice communications by telephone.
Erben complies with the provisions of the Spam Act 2003 (Cth) when sending commercial electronic messages. In addition, Erben is also bound by their own internal anti-hawking policy.
Erben follows the following steps when using electronic messaging:
- Consent – only commercial electronic messages are sent with the addressee’s consent, either inferred or expressed consent.
- Identify – electronic messages will include clear and accurate information about the person and the Erben contact that is responsible for sending the commercial electronic message.
- Unsubscribe – Erben ensures that a functional unsubscribe facility is included in all its commercial electronic messages and deals with unsubscribe requests promptly.
Related Laws and Regulations
There may be times when other legislation or obligations override the obligation in the Privacy Act 1988 (Cth). These include, but are not limited to the following:
- The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), where Erben is required to report to suspicious matters and large money transactions AUSTRAC.
- Regulatory Guide 78 – Breach reporting by AFS licensees, where licensees are required to report any breach or potential breach to ASIC.
- Mandatory reporting requirements during a disaster recovery event or in the event of a cyber breach as detailed in the Corporations Act 2001 (Cth).
- Requests from the Australian Tax Office.
Privacy complaints process
You may contact Erben’s Privacy Officer if you wish to complain about any breach or potential breach of your privacy rights. Your complaint will be responded to within seven (7) days. Erben’s Privacy Officer will investigate the issue and determine steps to undertake to resolve your complaint.
Erben’s Privacy Officer will contact you if any additional information is required from you and will notify you in writing of the determination.
If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner.
Erben’s Privacy Officer: Mark Adams
Address: Suite 301, 26 Charles Street, South Perth WA 6151
Telephone Number: (08) 9382 1655
This policy shall be updated, reviewed or further developed in consultation with the stakeholders of the organisation.
Policy last updated on: 1 February 2023