Privacy

Anthony Moreton Group – APP Privacy Policy

Anthony Moreton Group and its related bodies corporate (referred to collectively as “Anthony Moreton Group”, “we”, “us”, “our” in this Privacy Policy) are committed to respecting the privacy of its members and clients by ensuring that it manages any personal information it collects or holds in accordance with the Privacy Act 1998 (Cth) and the Australian Privacy Principles (“APPs”). This Privacy Policy sets out how we collect, use, store and disclose your personal information.

This Privacy Policy applies from 19 August 2020.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

 

1. Who does this Privacy Policy apply to?

This Privacy Policy applies to any person for whom we currently hold, or may in the future collect, personal information.

This Privacy Policy does not apply to acts and practices which relate directly to the employee records of our current and former employees.

 

2. What information does this privacy policy apply to?

This Privacy Policy applies to “Personal Information”.

Personal information” includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. It may also include financial information. However, where  information or opinions cannot be linked to a particular individual, such information or opinions  are not personal information.

 

3. What kinds of personal information does Anthony Moreton Group collect and hold?

Anthony Moreton Group is a dynamic company operating across the full spectrum of property financial and investment transactions, and holds different information depending on the type services we are providing, have provided or will provide to you.

We endeavour to only collect personal information which is reasonably necessary to provide our services, or as required by our professional obligations. Such information may include:

  1. an individual’s personal and contact details;
  2. financial information;
  3. business circumstances;
  4. family circumstances;
  5. information about assets and investments;
  6. employment history;
  7. date and place of birth;
  8. banking and credit card details;
  9. driver’s licence and other photographic information;
  10. information otherwise required by law; and
  11. any other personal information required to provide particular financial and/or investment services.

In some instances, in collecting the abovementioned information, we may be provided with your Tax File Number (TFN) or your TFN information may be necessary for a purpose under a taxation, personal assistance or superannuation law or for us to comply with our legal obligations in providing our services to you. Anthony Moreton Group is committed to protecting the privacy of your TFN and we endeavour to store this information securely. Where we hold your TFN information or documentation containing your TFN and are no longer required by law to retain the information or the TFN information is not necessary for a purpose under taxation, personal assistance or superannuation law, we will take  reasonable steps to securely destroy, redact your TFN information from the document or permanently de-identify your TFN information.

Without collecting the above information, Anthony Moreton Group would not be able to provide its services, including financial services, to its members and clients.

On occasions, a range of sensitive information may also be collected or held about you, for example information about any criminal records. Where you provide sensitive information to us, you consent to us using that sensitive information for the purpose for which it was collected.

 

4. Can an individual remain anonymous when dealing with Anthony Moreton Group?

Given the nature of Anthony Moreton Groups services, other than providing general publicly available information, it is not practical for Anthony Moreton Group to deal with individuals who wish to remain anonymous or would prefer to identify themselves only by way of pseudonym.

 

5. How does Anthony Moreton Group collect personal information?

Anthony Moreton Group will only collect personal information in a lawful and fair manner. Wherever possible, personal information will be collected directly from the individual, unless it is unreasonable or impracticable to do so. Sensitive information will only be collected where the individual consents to the collection of that information.

We also have a large referral network and also collect personal information from numerous other sources. It is not possible to provide an exhaustive list of these sources, but they may include:

  1. professional advisors or agents for individuals who we act for;
  2. banks and financial institutions;
  3. government bodies;
  4. businesses about their current or former employees, contractors, customers or suppliers;
  5. consultants and professional advisors;
  6. recruitment and other professional service agencies; and
  7. from paid search providers.

Anthony Moreton  may also collect your information when you:

  • visit and/or register on any of our websites;
  • use our services; and
  • contact our support team.

 

6. Receipt of Unsolicited Personal Information

If Anthony Moreton Group receives unsolicited personal information it will, within a reasonable period of time, assess whether it would otherwise have been entitled to collect the information in accordance with this Privacy Policy. If the personal information could have been collected by Anthony Moreton Group, it will ensure that this Privacy Policy is complied with in respect of that information and it will notify the individual:

  • that the unsolicited personal information has been collected;
  • of the circumstances of that collection; and
  • provide access to a copy of this Privacy Policy.

If the personal information could not have been collected by Anthony Moreton Group, it will destroy the information or ensure that the information is de-identified.

 

7. How does Anthony Moreton Group hold personal information?

We hold personal information:

  1. physically:
    1. on our premises; and
    2. by a third party storage provider;
  2. electronically:
    1. on an internal server;
    2. on electronic storage devices, including DVD and USB;
    3. on a backup server maintained by our third party IT provider; and
    4. with a third party cloud provider in Australia.

It is also possible that we may store information in a private cloud in the future. We will not store information in a private cloud unless we are satisfied with the security and safety of the relevant cloud provider.

Unless permitted by law, Anthony Moreton Group will not adopt a government related identifier (e.g. a tax file number) of an individual as its own identifier and it will only disclose such identifiers for the purposes of verifying the identity of the individual, or as permitted by law or as is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Anthony Moreton Group will endeavour to ensure that, in relation to any personal information it holds, it takes such steps as are reasonable in the circumstances, to protect the information from:

  • misuse, interference and loss; and
  • `unauthorised access, modification or disclosure.

Some of the methods we use to store and secure information include:

  1. secured electronic and physical filing systems located on our premises;
  2. using unique usernames, passwords and other protections on systems that can access personal information; and
  3. if Anthony Moreton Group holds information which it no longer needs (for any purpose for which the information may be used or disclosed) or it is no longer required to keep, it will take such steps as are reasonable in the circumstance to destroy the information or to ensure that the information is de-identified.

However, we do not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.

 

8. What is the purpose for which Anthony Moreton Group collects, holds, uses and discloses personal information?

Anthony Moreton Group collects, holds, uses and discloses personal information for the purposes of providing services which generally includes arranging finance solutions pertaining to property development, direct property and property investments.

In the case of potential employees, the primary purpose the information is collected is to assess the individual’s suitability for a position with us.

Where Anthony Moreton Group collects an individual’s personal information for a particular purpose (i.e. the primary purpose), it will not use that information for another purpose (i.e. a secondary purpose) unless the individual has consented to the use or disclosure of that information or:

  • it would be reasonably expected that the information would be disclosed for a secondary purpose which is related to the primary purpose (and in relation to sensitive information for a secondary purpose which is directly related to the primary purpose); or
  • the use or disclosure of the information is legally required, specifically authorised by the APPs or reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Anthony Moreton Group will endeavour to record in writing circumstances where it uses or discloses personal information for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

Personal information collected by one entity within the Anthony Moreton Group of companies may be used by another entity within the group provided that the personal information is held, used and disclosed for the same primary purpose.

Except as set out in this Privacy Policy, Anthony Moreton Group does not normally disclose personal information about its members and clients to third parties without the relevant individual’s consent. However, we may disclose personal information:

  1. to those contracted to provide services to Anthony Moreton Group, in order for us to provide our agreed services to you or the related client or proposed client. These third party recipients may include:
    1. any proposed distributor of a lending product arranged by Anthony Moreton Group; and
    2. Anthony Moreton Groups professional advisers and contracted service providers e.g. auditors, lawyers, platform operators, fund managers, investment providers, custodian, insurer and consultants;
  2. with consent, Anthony Moreton Group will disclose personal information to a member’s or client’s accountant, financial consultant or other person or organisation they nominate; and
  3. to the Australian Taxation Office or other government authorities or agencies as required by law.

Where we engage third party contractors to perform services for us, we may be required to disclose your personal information to such third party contractor or those contractors may be required to handle your personal information. This means that we usually collect personal information about you both for our internal purposes and on behalf of those third party contractors for their internal purposes, in accordance with the purpose for which we collected your personal information. Accordingly, the consent you provide under this Privacy Policy to the collection of personal information by us applies equally to those third party contractors we engage to perform services for us. For example, where you provide your personal information in relation to a request for us to arrange a finance solution, then, under this Privacy Policy, you will have consented to your personal information being used by us, being provided to the proposed distributor of the financial product or solution arranged by us and being used by that financial product distributor for its internal purposes that primarily relate to the financial solution e.g. to carry out a credit assessment.

In these circumstances, Anthony Moreton Group takes care and caution to ensure that the third party contractor takes the security and confidentiality of your personal information as seriously as it does and requires that those third party contractors safeguard this information and must only use it for the purposes for which it was supplied. However, Anthony Moreton Group is not responsible for ensuring they do so or for any actions by a third party contractor which may be in breach of Australia’s privacy laws.  If Anthony Moreton Group uses or discloses personal information for direct marketing purposes, it will include a simple and free means of ‘opting-out’ of receiving future direct marketing material and it will ensure that it respects such requests, within a reasonable period of time and notifies any other organisation it is using to facilitate the direct marketing. If Anthony Moreton Group has not collected the personal information directly from the individual, the ‘opt-out’ statement will be prominent. Anthony Moreton Group will only use sensitive information for direct marketing purposes where the individual has provided consent for it to be used for that purpose.

If Anthony Moreton Group uses personal information provided by a source other than the individual for direct marketing purposes, the individual may request Anthony Moreton Group to provide details of the source of the information. Anthony Moreton Group will provide this information free of charge and within a reasonable period of time.

If Anthony Moreton Group uses the personal information for direct marketing purposes, it will ensure that it complies with the requirements of the Do Not Call Register Act 2006, the Spam Act 2003 and the Corporations Act 2001.

 

9. How does Anthony Moreton Group hold/collect and manage your credit information?

As part of our services,  we may collect credit information that is necessary to provide a client, or potential client, with our services. Our usual purpose for collecting, holding, using and disclosing credit information about you is to enable us to provide you with financial solutions and services. We may also collect credit information to process payments.

The main kind of credit information we collect is an individual’s identification information. However, in the course of providing our services to you, we may be provided with (and subsequently hold) the following other kinds of credit information:

  1. information about any credit that has been provided to you;
  2. your repayment history;
  3. information about your overdue payments;
  4. if terms and conditions of your credit arrangements are varied;
  5. if any court proceedings are initiated against you in relation to your credit activities;
  6. information about any bankruptcy or debt agreements involving you;
  7. any publicly available information about your credit worthiness; and
  8. any information about you where you may have fraudulently or otherwise committed a serious credit infringement.

We do not collect your credit information from credit reporting bodies, banks or other credit providers unless it is necessary to provide our services to you or you have expressly asked us to.

In most cases, we will only collect credit information about you if you disclose it to us and it is relevant in providing you with our services. However, in some circumstances we may collect the credit information about you from:

  1. banks and other credit providers;
  2. other individuals and entities via referrals; and
  3. your suppliers and creditors.

In most cases you will be aware that this information is being collected as part of the service we are providing to you.

Credit information is stored and held in the same manner as outlined in section 7 of this Privacy Policy.

We will not disclose your credit information to overseas entities unless you expressly advise us to, apart from the extent that it is necessary or desirable to make such a disclosure to obtain payment of money owed to us, or as otherwise set out under Section 10 below.

10. Does Anthony Moreton Group disclose personal information to overseas recipients?

No, Anthony Moreton Group is not likely to disclose personal information about an individual to an overseas recipient. Some of the third party contractors that the we work with or distributors of a financial product or solution arranged by Anthony Moreton Group may have an office or branch of their business located overseas. Wherever possible, we endeavour to ensure that Anthony Moreton Group is dealing with the Australian office of any third party contractors and that any third party contractor holds and stores any of your personal information inside Australia. However, Anthony Moreton Group is not responsible for ensuring such third party contractors hold and store your personal information inside Australia.

If at some future time, Anthony Moreton Group chooses to disclose personal information about an individual to an overseas recipient (for any reason other than being required to do so by Australian law), it will either, prior to doing so:

  1. obtain the individual’s informed consent prior to doing so; or
  2. will take such steps as are reasonable in the circumstances to endeavour to ensure that the overseas recipient does not breach the APPs in relation to the information.

 

11. How an individual may access and seek correction of personal information held by Anthony Moreton Group

When collecting, using or disclosing personal information, Anthony Moreton Group will take such steps as are reasonable in the circumstances to ensure that the information is accurate, up-to-date and complete.

Generally, Anthony Moreton Group will provide an individual with access to their personal information in a manner they request and within a reasonable period of time after the request is made. An individual can request Anthony Moreton Group to correct any personal information it holds about that individual.

To apply for access or to request a correction to personal information, contact the Anthony Moreton Group Privacy Officer by using the contact details set out in Section 13 of this Privacy Policy.

There are no charges for an individual requesting access to personal information. However, where requested by the individual to whom the personal information relates to, Anthony Moreton Group may charge a fee to provide access to a third-party, provided that such fee is not excessive.

As set out in the APPs, some exceptions apply. If Anthony Moreton Group relies on one of the exceptions or is unable to provide the personal information in the manner requested by the individual, it will take such steps (if any) as are reasonable in the circumstances to give access in a way that meets the needs of both Anthony Moreton Group and the individual and it will provide a written notice setting out:

  • the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
  • the mechanisms available to complain about the refusal; and
  • any other relevant matter.

Having regard to the purpose for which the personal information is held, if Anthony Moreton Group is satisfied that the information is inaccurate, out of date, incomplete, irrelevant or misleading or a request is received from an individual, Anthony Moreton Group will take such steps as are necessary to correct that information. This will be done free of charge within a reasonable period after the request has been made. If Anthony Moreton Group has provided that information to a third party, the individual may request Anthony Moreton Group to notify that third party of that correction.

If Anthony Moreton Group refuses to correct an individual’s personal information it will provide a written notice to the individual setting out:

  • the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and
  • the mechanisms available to complain about the refusal; and
  • any other relevant matter.

 

12. How an individual can complain about a breach of the APP’s and how the complaint will be dealt with

If you believe we may have breached your privacy rights or you wish to make a complaint about an interference with your privacy, then you should follow the following process:

  1. make a complaint to us, in writing, using the contact details set out in Section 13 below under the heading “How to contact us”; and
  2. Anthony Moreton Group expects that its procedures will result in a fair and prompt dealing with your complaint. However, if you remain dissatisfied and are concerned that we have not complied with your legal rights or applicable privacy laws, you may take your complaint to the Office of the Australian Information Commissioner

 

13. How to contact us?

If you wish to:

  • ask questions about this Privacy Policy?
  • seek correction of or obtain access to your personal information?
  • ask about how your personal information is collected, used, held or disclosed? or
  • make a complaint about a breach of your privacy or the APPs,

then please contact Anthony Moreton Group’s Privacy Officer using the following contact details:

Writing to: Complaints Officer, Anthony Moreton Group, GPO Box 2779, Brisbane Qld 4001
Visiting: Level 20, 324 Queen Street, Brisbane Qld 4000
Calling: 07 3100 1300
Emailing: info@anmor.com.au

 

14. Changes to and Availability of this Privacy Policy

From time to time it may be necessary for us to review and revise this Privacy Policy. We reserve the right to change this Privacy Policy at any time. We may notify you about changes to this Privacy Policy by publishing an updated version on our website.

If you wish to access this Privacy Policy in an alternate form, for example hard-copy, please contact Anthony Moreton Group using the contact details set out above under the heading  this Privacy Policy.