This policy explains how BMF Asset Management Pty Limited and BMF International Asset Management Pty Ltd (trading as BMF Wealth) deals with personal information in order to comply with the Privacy Act 1988 (Cth) (Act). BMF Wealth is committed to respecting the privacy of personal information and is bound by the National Privacy Principles (NPPs) under the Act.
BMF Wealth Privacy Policy sets out how it handles the personal information of clients/contacts which comes into its possession.
1.1 Commitment to Privacy
Throughout this policy, “personal information” means information about a client/contact which makes their identity apparent or reasonably ascertained. For example, name, home, address, email address, home telephone number and job title.
BMF Wealth will post changes to this policy on its website and clients/contacts are encouraged to check the policy from time to time.
This policy does not apply to the acts and practices of BMF Wealth which directly relate to an employee record held in respect of an individual and a current and former employment relationship between BMF Wealth and that individual.
1.2 Information Collected
BMF Wealth may collect information about clients/contacts through its website. BMF Wealth only collects personal information essential for its functions. For example, BMF Wealth only collects personal information about a client or contact when:
- providing services as instructed,
- a client/contact accesses another service of BMF Wealth (such as at a seminar), in general communications with a client/contact,
- a client/contact participates in an online survey,
- a contact seeks employment with BMF Wealth and provides personal information in the process,
- reviewing potential candidates for employment referred from recruitment agencies, accessing mailing lists which include details of a client/contact,
- a contact is referred by another party,
- a client/contact communicates with BMF Wealth by way of its website,
- for purposes related to BMF Wealth research (including market research), planning, service development, security, testing and risk management.
In certain circumstances, BMF Wealth may also collect sensitive information about clients/contacts, including:
- memberships of a professional or trade associations; or
- health information; or
- beliefs or affiliations.
Clients/contacts may browse information from BMF Wealth website without providing any personal information; however BMF Wealth may not be able to provide the full range of services offered if not provided with the information requested at the time of collection.
On occasions BMF Wealth may need to collect personal information about clients/contacts from a third party. For example, BMF Wealth may collect personal information from:
- a company for whom the contact has worked,
- an individual or organisation that has referred BMF Wealth to the client/contact or vice versa,
- other organisations with whom the client/contact has had dealings, such as an information service provider or a publicly maintained record.
If BMF Wealth collects personal information about a client/contact in this way, it will take reasonable steps to ensure that the client/contact is aware of the purposes for which the personal information is being collected and any organisations to which the information might be disclosed.
1.3 Use and Disclosure of Personal Information
BMF Wealth will use or disclose personal information that it collects from a client/contact only:
- in accordance with this policy,
- where the client/contact has consented to its use or disclosure,
- where the individual would reasonably expect, or has been told, that information of that kind is usually passed to other individuals, bodies or agencies;
- for the main purpose(s) for which the information is collected, or for related purposes for which the client/contact would reasonably expect BMF Wealth to use or disclose the personal information eg:
- to obtain instructions (if the contact is a prospective client),
- to provide a client) or the client’s organisation with advice or services,
- to consider making offers of employment or for employment purposes,
- to receive services from the client/contact or the organisation which employs them,
- to advise the client/contact of developments and information about other services offered by BMF Wealth such as seminars and mail outs of activities and publications,
- to invoice the client/contact or to send invoice reminder notices,
- subject to the Privacy Act, to provide the client/contact with information relating to BMF Wealth or promotional details about products and services that may be of interest, unless previously advised that such contact is not wanted,
- all other purposes related to the businesses of BMF Wealth.
BMF Wealth may disclose the client’s/ contact’s personal information for purposes related to BMF Wealth’s research (including market research), planning, service development, security, testing and risk management and with the operation, administration, development or enhancement of its website.
Clients/contacts can request not to receive email or mail in respect of our marketing services by contacting one of our Directors.
BMF Wealth may disclose the client’s/contact’s personal information when the use or disclosure is required or authorised by or under law.
BMF Wealth may disclose a client’s personal information to:
- barristers or other experts engaged in the matter,
- foreign law practices or service providers for the purpose of obtaining overseas advice or other law practices within Australia should the BMF Wealth be required to refer the matter,
- government bodies if required during the course of providing the requested services (eg the Land Titles Office, the Australian Securities and Investment Commission, the Australian Taxation Office and the Office of State Revenue).
BMF Wealth may disclose the client’s/contact’s personal information to other clients where BMF Wealth has collected that information in the course of providing services to those clients. If the requested information is not provided, BMF Wealth may not be able to either provide appropriate advice or to fulfil another purpose of collection.
BMF Wealth may disclose the client’s/contact’s personal information to third parties. For example, BMF Wealth may engage contractors to store and archive completed client files. BMF Wealth may also disclose the client’s/contact’s personal information to service providers who assist in providing BMF Wealth’s website and other products and services (for example internet and technology service providers, auditors, mail houses and delivery companies) and organisations with whom BMF Wealth has co-promotion arrangements (and any agents used in administering such arrangements). In these situations, BMF Wealth prohibits the third party from using or disclosing the client’s/contact’s personal information except for the specific purpose for which it is supplied.
1.4 Duty of Confidentiality and Obligations of Non-Disclosure
In addition to the Act, the Legal Profession Act requires the BMF Tax Legal firm to keep its clients’ affairs confidential, including personal information. This is a fundamental duty owed by solicitors to their clients. In combination, both pieces of legislation require the BMF Tax Legal firm to ensure that personal information is kept confidential except where such disclosure is:
- with the client’s/contact’s consent;
- compelled by law;
- for the sole purpose of avoiding probable commission or concealment of unlawful activity; or
- permitted by the Legal Profession Act.
In many cases, information which the BMF Wealth holds may be subject to legal professional privilege and will therefore not be liable to disclosure.
1.5 Links
BMF Wealth’s website may contain links to the websites of other organisations. Linked websites are responsible for their own privacy practices and contacts accessing those sites through links on BMF Wealth’s website should consult the linked sites own privacy statements.
1.6 Security
BMF Wealth uses a number of methods to protect the security of personal information. Because the Internet is not completely secure, BMF Wealth cannot guarantee the security of any information transmitted to it via the Internet.
Once personal information comes into its possession, BMF Wealth will take reasonable steps to protect that information from unauthorised access, modification or disclosure. The client’s/ contact’s personal information may be stored either in hard copy or electronically in BMF Wealth’s computer software or systems. BMF Wealth uses locks and security systems to physically protect personal information and firewalls and other security systems to control access to its computer systems.
1.7 Requests for Access to Information
On request Clients/contacts can request not to receive email or mail in respect of our marketing services by contacting one of our Directors.
BMF Wealth may disclose the client’s/contact’s personal information when the use or disclosure is required or authorised by or under law.
BMF Wealth may disclose a client’s personal information to:
- barristers or other experts engaged in the matter,
- foreign law practices or service providers for the purpose of obtaining overseas advice or other law practices within Australia should BMF Wealth be required to refer the matter,
- government bodies if required during the course of providing the requested services (eg the Land Titles Office, the Australian Securities and Investment Commission, the Australian Taxation Office and the Office of State Revenue).
BMF Wealth may disclose the client’s/contact’s personal information to other clients where BMF Wealth has collected that information in the course of providing services to those clients. If the requested information is not provided, BMF Wealth may not be able to either provide appropriate advice or to fulfil another purpose of collection.
BMF Wealth may disclose the client’s/contact’s personal information to third parties. For example, BMF Wealth may engage contractors to store and archive completed client files. BMF Wealth may also disclose the client’s/contact’s personal information to service providers who assist in providing BMF Wealth’s website and other products and services (for example internet and technology service providers, auditors, mail houses and delivery companies) and organisations with whom BMF Wealth has co-promotion arrangements (and any agents used in administering such arrangements). In these situations, BMF Wealth prohibits the third party from using or disclosing the client’s/contact’s personal information except for the specific purpose for which it is supplied.
1.8 Maintaining Personal Information
BMF Wealth endeavours to make sure that the personal information it collects is accurate and up-to-date. Should the personal information which BMF Wealth holds be inaccurate or out-of-date, clients/contacts may be requested to provide updated information for use in BMF Wealth’s records.
1.9 Transfer of Information Overseas
BMF Wealth may transfer a client’s/ contact’s personal information to a party overseas only with their consent for the purposes of:
- providing legal advice,
- making offers of employment,
- receiving services from the client/contact or a related organisation,
- providing updates on legal developments,
- invoicing or reminder notices.
1.10 Questions and Complaints
Questions or feedback about BMF Wealth’s Privacy Policy or complaints about how BMF Wealth has handled personal information are to be bought to the attention of a BMF Director addressed to [email protected].