Welcome to Evans and Partners
Evans & Partners is committed to protecting your privacy and the confidentiality of personal information we already hold, or will collect and hold, about you.
Your Privacy, the Privacy Act, the National Privacy Principles and this Privacy Policy
Evans & Partners is subject to the Privacy Amendment (Private Sector) Act 2001 (the 'Privacy Act') and bound by its 10 National Privacy Principles (NPPs). Other laws and regulations also impose duties on us to keep your identity, your dealings and information about your affairs strictly confidential. This Privacy Policy is a public document and reflects those duties and the requirements of those NPPs relevant to our services and activities.
This Privacy Policy sets out how we manage personal information. It provides information on the sorts of information we collect and hold, and for what purpose. It also provides information on how we collect personal information, how we hold and use it internally, and whether we routinely disclose personal information to others externally. It provides information on how to make a complaint about breaches of your privacy and about your rights to access and correct (if necessary) the information we hold about you.
We only collect personal information which is necessary for the purposes of the wholesale financial services you (or the organisation you represent) are likely to require (our AFS Licence prohibits us from providing any retail services). We assume you (or the organisation you represent) are likely to use all our services over time, some of which involve external service providers (e.g. Stockbrokers). Disclosure of personal information to others external to Evans & Partners will only ever be for the purposes of the services you require or otherwise in accordance with regulatory requirements or your prior consent.
Evans & Partners has systems and procedures in place to protect your privacy whenever we collect, store, use or disclose your personal information. The systems and procedures described in this Privacy Policy, certain elements of which are summarised in our 'Privacy Statement' (see below), apply to all the personal information we collect about you, whenever collected. We therefore avoid having to provide you with our Privacy Statement or Policy each time we collect information from you. Evans & Partners trains and supervises its staff to ensure compliance with this Privacy Policy.
If you require more information about how we manage personal information or protect your privacy, please contact the Privacy Officer on the numbers or at the addresses listed in the last Section ('Other Important Matters') of this Policy.
In this Privacy Policy, a reference to:
"Evans & Partners", "we", "our", and "us" means Evans & Partners Pty Ltd ABN 85 125 338 785, the holder of Australian Financial Services ("AFS") Licence No. 318075.
"You" and "your" refer to the individual whose information we collect and hold for the purposes of providing our services. Depending on the context, it may also refer to the organisation you represent.
"Financial Product", whether Market traded or not (i.e. listed or unlisted), means shares, debentures, bonds, bank bills, convertible notes, units in managed investment schemes, any other equity or debt product, and their derivatives and deposit products in relation to which our AFS Licence authorises us to provide services.
"ASIC" means Australian Securities & Investments Commission.
"AUSTRAC" means Australian Transaction Reports & Analysis Centre.
At or before the time (or, if that is not practicable, as soon as practicable thereafter) we collect personal information from or about you for the first time, Evans & Partners must take reasonable steps to ensure that you are aware of:
- our identity and how to contact us;
- the fact that you are able to gain access to the information collected;
- the purposes for which the information is (and will, in future, be) collected;
- the organisations or types of organisations to which we usually disclose information of the kind collected;
- any law that requires the particular information to be collected; and
- the main consequences (if any) for you if all or part of the information is not provided.
Our Privacy Statement and this Privacy Policy address these matters, but this Privacy Policy goes on to provide information on how we manage your personal information.
In less technical terms, before collecting any personal information from you, we are to provide you with this Privacy Policy or to provide you (either verbally or in writing) with certain privacy-related information in the form of our Privacy Statement, which also explains how to get a copy of (or how to access) this Privacy Policy. You may have received our Privacy Statement already.
If you are a company, association or partnership, and have provided us with personal information about an officer, employee or partner of yours in respect of your service arrangements account with us, please ensure you show this Privacy Policy to them.
We only collect personal information about you to the extent necessary to provide the range of our wholesale financial services to you or the organisation you represent. We assume the full range of our services are likely to be used during the course of your client relationship with us. The extent of the information requested, how we use it and its disclosure are driven by our obligations under the Corporations Act 2001, other Financial Services Laws, the Financial Transaction Reports Act, Australian Taxation Legislation, Anti-Money Laundering and Counter-Terrorism Financing Legislation and regulations and rules relating to the execution and settlement of financial product transactions (e.g. the Market, Settlement and Clearing Rules of the Australian Securities Exchange Group). These regulations also require us to confirm your identity.
In general, the nature of personal information collected and maintained, as a minimum, includes your name, residential and postal address, contact details (including phone numbers, fax and e-mail addresses) and banking details. We may also collect and hold information about:
- your date of birth;
- your occupation;
- your Tax File Number, but only if you provide it to us;
- your employer's name and address;
- the names and addresses of your dependants or beneficiaries;
- family and business relationships;
- your financial circumstances (i.e. your objectives, financial situation and needs), including your salary, other sources of income, levels of cashflow and debt and expenses, and your investments, investable funds, trading experience and your attitude to investment risk;
- Holder Identification Numbers (HINs) or Securityholder Reference Numbers (SRNs) identifying your financial product holdings;
- your capacity to carry or access or guarantee debt; and
- other matters which you tell us about.
There may be occasions when we receive or need to source personal information about you from third-parties such as:
- credit reporting agencies (for instance, when we obtain a credit report);
- banks (for example, opinions about your creditworthiness);
- publicly available sources of information (e.g. telephone directories and financial product registries);
- our business alliance partners;
- your representative or agent;
- your Stockbroker, Margin Lender, Investment Bankers or Mortgage Brokers; or
- government agencies.
We take reasonable steps to ensure that all the personal information we record about you is accurate, complete and up-to-date at the time we collect it, and at the time we use or disclose any of it. We must have accurate and sufficient information about you in order to address your actual service needs or those of the organisation you represent. Regulations also oblige us to seek certain accurate and up-to-date personal information from or about you in order to confirm your identity. Please contact us to correct information you have provided previously (e.g. a change of your address).
If you do not consent to your personal information being used as described in this Policy or if you do not provide the personal information requested, it would prevent us from providing some or all of the advisory or transactional services you may require. The regulations governing the services we provide require your identity to be made known to us. Without that information, we cannot provide our services. You don't have the option of providing 'anonymous' personal information. Obscuring your identity may be reportable to regulatory authorities.
Personal information about you will usually be collected from you or your duly authorised representative, during face to face interviews and meetings, during telephone discussions, during negotiation of service arrangements or requirements with us or by means of our client account application or mandate negotiation process (which may be submitted electronically).
We may also collect personal information from your agent where they have introduced you to us or have arranged for Evans & Partners to provide certain services to you.
Your personal information will be used to provide you with financial services or access to a financial product(s). We may use the information to:
- check whether you are eligible for the product or service;
- provide you with advice about the product or service;
- review and provide advice about your investment holdings or portfolio;
- arrange an application or redemption of an unlisted product, or to buy or sell a Market traded product for you, using the service infrastructure of the relevant specialists (e.g. our Stockbrokers);
- provide you with advice about business planning and financial structuring, and issuing financial products;
- assist us manage or administer a product or service for you; and/or
- identify you in relation to all your dealings with us.
In support of the services you are likely to require, we may also use personal information for directly related purposes, including:
- where you would reasonably expect this to be the case as a consequence of the services you require (e.g. facilitating authorised direct credit/debit payment arrangements with your bank or other financial institution);
- telling you about products or services we believe may interest you (e.g. mail-outs of newsletters or direct marketing material), but you can contact us at anytime to request that we not do this;
- instructing couriers, delivery companies and mail-houses to make deliveries of documents and other material to you;
- running our business (e.g. training our staff, preventing fraud, record keeping, accounting, enhancing our services, statistical analysis of our client activities and services etc); and/or
- inviting you to attend, or following up your attendance at a seminar or forum we arranged, sponsored or presented.
Evans & Partners may also use your personal information for other secondary purposes related to the primary services you are likely to require from us (e.g. as listed above). We will usually assume we have your implied consent to do so.
We do not use your Tax File Number as an account number or as an 'identifier'. We only use your TFN for the purpose required by law and as instructed by you. We do NOT retain a record of your TFN. We do not collect or use any other form of government identifier.
We may record your ABN, but we do not use it as an 'identifier' and your ABN is in the public domain.
We may contact you from time to time to tell you about new or existing services that we believe would be of interest to you (because you have asked us to or they are directly relevant to the services you are using).
You can contact our Privacy Officer at any time to advise that you do not wish to be contacted or receive any or certain types of marketing material. We will process these requests as soon as practicable.
Subject to what is stated below, personal information is only used or disclosed in accordance with your prior consent. Your consent can be express (i.e. verbal or written) or implied. You imply consent when we can reasonably conclude that you have given consent by taking some action or by not taking some action to restrict or modify the way we provide our services. Your consent can also be implied if we believe you would reasonably expect Evans & Partners to use or disclose your information a certain way. If you use our services without raising any concern in relation to how and why we collect, and the way we use, store or disclose your personal information as described in this Policy, we will assume you have consented to us doing all these things.
In short, yes. We may share your personal information with others within Evans & Partners.
Evans & Partners will use the personal information collected for the purpose of opening and maintaining an account with the Stockbroker(s) we use to enable execution and timely settlement of Market transactions on your behalf, and for the purpose of completing Applications to Issuers for IPOs/New Issues of financial products.
Where our Stockbroker(s) are an ASX Group Participant, the information we provide about you will also be provided by them to the Clearing House Electronic Sub-Register System (CHESS) and other entities within ASX Group (e.g. those involved in settlement, clearing and market surveillance), share registries, financial institutions, the Stockbroker's service providers (such as software providers), and, where applicable, Margin Lenders.
We may provide personal information about you to other organisations, including:
- Underwriters, Corporate Advisers or Issue Managers where you are applying for financial products in an Initial Public Offering ('IPO') or New Issue.
- Credit Reporting Agencies and Credit Information Services, and credit reference and debt collection agencies where you fail to meet your contractual obligations.
- if ever relevant, your executor, administrator, trustee, guardian or attorney.
- businesses we use for printing and dispatch of reports, newsletters and other services we despatch to you.
- your bank or other financial institutions to arrange or make direct credits/debits or other payments.
- your agents, including your legal or financial advisers, or those who have referred you to us.
- Event Organisers to ensure you are invited to seminars and forums we believe would be of interest to you.
- Stockbrokers and Custodians for the purposes of completing transactions in foreign financial products.
- Complaints/Disputes Resolution Schemes or Arbitration Schemes which have jurisdiction over us.
- our auditors, external advisers, consultants and other contractors to whom certain functions and activities are contracted and/or out-sourced. In these circumstances, confidentiality arrangements apply and we prohibit them from using or accessing your personal information except for the specific purpose for which it needs to be accessed or supplied to them in performance of their contract with us.
We would also be obliged to provide personal information about you when:
- required by law or other regulations (e.g. to ASIC, AUSTRAC, the Courts or the Australian Taxation Office, all of whom have the power to order us to disclose information about you and your dealings with us); or
- authorised by law (e.g. in order to protect our interests or where we have a duty to the public to disclose).
If you require us to buy or sell foreign financial products we would have to send personal information overseas to the Stockbrokers and Custodians we use, but depending on the country in question their 'privacy protection' requirements may not meet or exceed the standards which apply in Australia. We will only transfer your personal information overseas if it is necessary and, if privacy standards may not be equivalent to Australia's, with your prior consent.
We only disclose your TFN for the purposes required by law and as instructed by you. Your ABN, which is in the public domain, may be disclosed with other personal information about you.
Note that we do not sell mailing or contact lists. We do not disclose names and addresses to third-parties (including our related companies) for the purposes of allowing them to market their products and services to you.
In all other instances, we will only disclose to others if you have given prior consent to Evans & Partners to make the disclosure.
Your personal information is stored within our secure premises or on our computer system, which is protected by logins and passwords, and which can only be accessed by authorised personnel. Access to our office premises is protected by security systems and locks. We use up-to-date processes to protect personal information from:
- unauthorised access, modification and disclosure; and
- misuse and loss,
and (subject to record retention regulations) we will destroy or permanently de-identify personal information we no longer need.
Note that even if we are no longer providing services to you, we are obliged by regulatory requirements to retain your personal information in a form which does identify you for a period of up to 7 years.
You can request access to personal information we hold about you (see the last section of this Policy). If you are entitled to access the information, the time we require before giving you the information or access will depend on the type of information requested. If we can, we will answer your question immediately. We will also try to answer you in the same manner as your request. For example, if you telephone to ask for the information, we will (if practicable) give you that information over the telephone. In general, we will respond to a written request in writing.
Sometimes, we will ask you to put your request in writing. For example, when it is necessary for us to retain a record of your request or where you want copies of material or access to older information or files which are not current.
We may ask you to identify yourself to our satisfaction.
We may charge a fee for giving you access, which will vary but will be based on our costs (internal and external) in locating the information and arranging the form of access you require. If we propose to charge a fee for giving access, we will give you an estimate of the fee and an opportunity to confirm you still want access to the information. Our fee (if any) will not be unreasonable. We do not impose any charge for requesting access.
Depending on the particular circumstances, the Privacy Act or other laws may permit us or oblige us to refuse to give you access. If this is the case, we will tell you and provide reasons for the refusal or restricted access (e.g. access would infringe the privacy or personal security of others, the information relates to anticipated legal proceedings, the law prevents us from doing so, we believe the request to be frivolous and vexatious, some of the information is very commercially sensitive etc).
Please tell us. Our records must be accurate, complete and up-to-date. Unless we disagree with you about the accuracy or completeness of the information recorded, we will generally correct it if you can substantiate the error (or suggest alternative arrangements for updating our records). If we disagree with you about the accuracy of your personal information, we will give you our reasons. In the end, if we disagree, you may request that we include with, or link to, the information a statement from you claiming that the information in question is not accurate, complete or up-to-date (that statement may include the 'corrected' information).
How do you contact us to make further enquiries about management of your personal information, to request access to your personal information or to complain about a breach of your privacy?
If you require more information about the way we manage personal information or you wish to make a complaint about a breach of your privacy, please speak to our Privacy Officer.
Call us
The Privacy Officer
Evans & Partners Pty Ltd
Telephone: +61 3 9631 9888
Fax: +61 3 8610 1608
Email us
damian@evansandpartners.com.au
Write to us
The Privacy Officer
Evans & Partners Pty Ltd
32 Jolimont Terrace
Jolimont Vic 3002
If we are unable to satisfactorily resolve your concerns about the privacy or handling of your personal information, you can contact the Office of the Federal Privacy Commissioner. To make a query concerning your privacy rights, or to lodge a complaint with the Federal Privacy Commissioner about how we have handled your personal information, contact the Commissioner's hotline on 1300 363 992. The Federal Privacy Commissioner has the power to investigate the matter and make a determination.
We reserve the right to review and amend this Privacy Policy from time to time and to notify you by posting an updated version of our website.
Further information on Australian privacy requirements may be obtained from the website of the Office of the Federal Privacy Commissioner at www.privacy.gov.au
