CPS Capital Group Pty Ltd
Level 45 108 St Georges Terrace PERTH WA 6000
Postal Address: PO Box Z5467 St Georges Terrace Perth WA 6831
Phone: (08) 9223 2222 / 1300 799 569
Australian Financial Services Licence: 294848
Version 4.4 November 2020
CPS Capital Group Pty Ltd (CPS) is committed to providing you with the highest levels of client service. We recognise that your privacy is very important to you.
The Privacy Act 1988 sets out a number of Australian Privacy Principles. Our aim is to both support and ensure that we comply with these principles. Further information on privacy in Australia can be obtained by visiting the website of the Australian Information Commissioner www.oaic.gov.au
CPS is required to meet particular legislative and regulatory requirements. In order to provide investment advice to you, we are required to collect certain personal information from you.
2. Collection of your Personal Information
As a financial services organisation, we are subject to certain legislative and regulatory requirements which necessitate us to obtain personal information about you, including s961B of the Corporations Act.
• your name, contact details, date of birth, tax file number
• information regarding your dependents and family commitments
• your occupation, and employment history
• your financial needs and objectives, your assets, liabilities, income, expenses insurances, and social security entitlements.
How We Collect and hold Personal Information about you
CPS collects personal information directly from you or from third parties once authorisation has been provided by you. You have a right to refuse us authorisation to collect information from a third party.
We hold personal information electronically and in hard copy form, both at our own premises and with the assistance of our service providers. We implement a range of measures to protect the security of that personal information. We also take measures in respect of destroying or de-identifying personal information that is no longer needed for any lawful purpose.
We don’t usually collect unsolicited personal information. Where we receive unsolicited personal information, we’ll determine whether or not it would have been permissible to collect that personal information if it had been solicited. If we determine that collection would not have been permissible, to the extent permitted by law, we’ll destroy or de-identify that personal information as soon as practicable.
In the event of that we propose to sell the business, we will disclose your personal information to potential purchasers for the purpose of them conducting due diligence investigations. Disclosure will be made in confidence and it will be a condition of that disclosure.
How We Use Your Personal Information
Your personal information is used in order to provide investment advice to you.
From time to time, we will provide you with direct marketing material. If, at any time, you do not wish to receive this information any further, you should contact us with this request. We will endeavour to meet your request within 2 weeks. We maintain a Register for those individuals not wanting direct marketing material.
When We Disclose Your Personal Information
In line with modern business practices common to many financial institutions and to meet your specific needs we will disclose your personal information to the following organisations. If information needs to be accessed by a third party, we attempt to limit that access to the extent necessary for the third party to provide services to us or to perform its functions. We will ensure to the best of our ability that those suppliers and contractors are also bound by duties of confidentiality and by the same privacy obligations as CPS itself.
Our employees and the outsourcing companies/contractors are obliged to respect the confidentiality of any personal information held by CPS.
• Our Execution and Settlement Agents;
• credit reporting agencies when seeking credit reports in connection with the establishment of certain financial services and the collection of any overdue payments;
• share registries and other organisations for trading and investment purposes;
• any person or persons who introduces you to us;
• any person or persons to the extent necessary, in our view in order to carry out the instructions you give to us;
• Your nominated financial institution to process your payment instructions;
• 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 our business for the purpose of due diligence, corporate re-organisation and transfer or all or part of the assets of our 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 our business that will require the transfer of your personal information;
• The Corporations Act has provided the Australian Securities and Investments Commission with the authority to inspect certain personal information that is kept on our files about you.
We collect information about you for the purpose of reporting to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
From time to time we will be required to provide information to a regulatory authority e.g. a Commonwealth government agency or. The Australian Taxation Office or to a court in response to a subpoena.
CPS takes its obligations to protect your information seriously, this includes when we operate throughout Australia and or overseas. We will not disclose personal information outside Australia without your consent, or without updating this policy. We take steps to ensure that our service providers are obliged to protect the privacy and security of your personal information and use it only for the purpose for which it is disclosed.
If CPS Capital Group Pty Ltd is required to disclose your personal information to an organisation who is based overseas, we will obtain your specific consent before such information is sent.
How We Store and Secure Your Personal Information
We keep your personal information in your client files or electronically. These files are accessible to authorised personnel only and are appropriately secured and subject to confidentiality requirements.
Personal information will be treated as confidential information and sensitive information will be treated as highly confidential.
It is a legislative requirement that we keep all personal information and records for a period of 7 years. Should you cease to be a client of ours, we will maintain your personal information on or off site in a secure manner for 7 years. After this, the information will be destroyed.
4. Rights and Choices
Ensure Your Personal Information Is Correct
CPS takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. To ensure we can maintain this level of accuracy and completeness, we recommend that you:
• inform us of any errors in your personal information; and
• update us with any changes to your personal information as soon as possible.
If you provide inaccurate or incomplete information, we can decline to provide you with the products or services you are seeking.
Access to Your Personal Information
You have a right to access your personal information, subject to certain exceptions allowed by law. We ask that you provide your request for access in writing (for security reasons) and we will provide you with access to that personal information. Access to the requested personal information may include:
• providing you with copies;
• providing you with the opportunity for inspection; or
• providing you with a summary.
If charges are applicable in providing access to you, we will disclose these charges to you prior to providing you with the information.
Some exceptions exist where we will not provide you with access to your personal information if:
• 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 us and would not be discoverable in those proceedings;
• providing access would reveal our intentions in relation 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 enforcement body or an enforcement body requests that access not be provided on the grounds of national security.
Should we refuse you access to your personal information, we will provide you with a written explanation for that refusal.
How to access your Personal Information
If you ask us, we will usually give you access to the personal information we hold about you. We will always confirm your identity before giving access to your personal information.
Accuracy of your Personal Information
We aim to keep the personal information we hold about you accurate, current and complete. If you think our records need to be corrected, please call us on
(08) 9223 2222.
Using Government Identifiers
Although in certain circumstances we are required to collect government identifiers such as your tax file number, Medicare number or pension card number, we do 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 us anonymously
You can deal with us anonymously where it is lawful and practicable to do so. For example, if you telephone requesting our postal address.
Your sensitive information
Without your consent we will not collect information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or afflations, membership of professional or trade association, membership of a trade union, details of health, disability, sexual orientation, or criminal record.
This is subject to some exceptions including:
• the collection is required by law; and
• when the information is necessary for the establishment, exercise or defence of a legal claim.
Notifiable Data Breaches Scheme
Under the Notifiable Data Breaches (NDB Scheme) CPS is be obliged to report eligible data breaches.
CPS will be required to take all reasonable steps to ensure an assessment is completed within 30 days. If an eligible data breach is confirmed, as soon as practicable they must provide a statement to each of the individuals whose data was breached or who are at risk, including details of the breach and recommendations of the step’s individuals should take. A copy of the statement must also be provided to the Office of the Australian Information Commissioner (OAIC).
CPS’s website may provide links to third party websites. The use of your information by these third party sites is not within the control of CPS and we cannot accept responsibility for the conduct of these organisations. Other websites are not subject to our privacy standards. You will need to contact or review those websites directly to ascertain their privacy policies.
You can register with us to receive newsletters and other information. By doing so, your name and email address will be collected and stored on our database. We take care to ensure that the personal information you give us on our website is protected. For example, our website has electronic security systems in place, including the use of firewalls and data encryption.
If you do not wish to receive any further information from us, or you wish to update your registration details, please email your request to us. We will endeavour to meet your request within 5 working days.
Our Website utilises cookies to provide you with a better user experience. Cookies also allow us to identify your browser while you are using our site – they do not identify you. If you do not wish to receive cookies, you can instruct your web browser to refuse them.
How to make a Compliant
If you wish to complain about any breach or potential breach of your privacy rights please contact our Privacy Officer. Your complaint will be responded to within 7 days.
Our Privacy Officer is Peter Robinson, you may contact Peter by email at email@example.com or by telephone on (08) 9223 2222.
If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner at www.oaic.gov.au
5. Contact Details
CPS Capital Group Pty Ltd
Level 45,108 St Georges Terrace PERTH WA 6000
Postal Address: PO Box Z5467
Perth WA 6831
Phone: (08) 9223 2222 / 1300 799 569
Fax: (08) 9223 2211