Privacy Policy
Responsible Entity
The responsible entity (Controller) for the data processing regulated in this Terms Policy is “[Kelkap]” (hereinafter "we", "us“ or [Kelkap]”).
Legal Address
Level 1/33 Cremorne StThe Commons, Cremorne VIC 3121
Statement of Privacy Policy – Privacy of your Personal Information
Privacy Principles
We are bound by the Australian Privacy Principles (APPs) and will provide you with financial services in a secure and confidential manner. This policy applies to information collected by LemSec, namely how we collect and use personal information provided by you in accordance with the Privacy Act
Personal Information
We will only collect and use personal information about you:
• To provide you with products, services or information that you might request or reasonably expect
• To manage our rights and obligations under applicable laws and regulations
• To conduct research, planning, product development, risk assessment and marketing
• For other purposes required or authorised by law.
Failure to provide the personal information referred to above may expose you to higher risks in respect of the recommendations made to you and may affect the adequacy or appropriateness of advice we give to you. It may also prevent or restrict our ability to provide particular services to you.
Collection Policies
We will not collect any personal information about you except when you have knowingly provided that information to us or authorised a third party to provide that information to us. Generally, your personal information will be collected in either a face-to-face interview, over the telephone, or by way of a client engagement form. From time to time, additional and/or updated personal information may be collected through one or more of those methods. We will collect, maintain and use personal information about you in order to provide the services you have requested, including:
• Making securities and investment recommendations;
• Portfolio services
• Advice in relation to options and other products
• Margin lending;
• Reviewing securities and investment recommendations.
Any Law that Requires the Particular Information to be collected
We are required by law to collect certain information in order to open accounts (e.g.: AUSTRAC AML/CTF Act 2006 and the Corporations Act, 2001).
Disclosure Policies
We will not use or disclose personal information collected by us for any purpose other than:
• The purposes for which it was provided or secondary related purposes in circumstances where you would reasonably expect such use or disclosure; or,
• Where you have consented to such disclosure; or,
• Where the Australian Privacy Principles (APPs) authorise use or disclosure where required or authorised under law, in circumstances relating to public health and safety and in connection with certain operations by or on behalf of an enforcement body.
For the purposes we have described, we may disclose your personal information:
• To our suppliers (including service and content providers), third party clearers, contract and service providers, professional advisers, dealers and agents;
• Other parties involved in the administration of your investments including stock exchanges, product issuers, investment registries or mailing houses
We are required under the Rules and Regulations of the relevant exchanges to make certain information available for inspection to ensure ongoing compliance. This may involve the disclosure of your personal information. We are also obliged, pursuant to the Corporations Act 2001, to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission (ASIC) and AUSTRAC.
We may use the personal information collected from you for the purpose of providing you with material such as articles that may be of interest to you, however you may request not to receive such information and we will comply with that request.
In some rare instances, we may need to transfer your information outside Australia. If we believe that the overseas third party is not subject to, or has not agreed to comply with, privacy obligations equivalent to those which apply to us, we will seek your consent to transfer the information, except where the APP do not require us to do so. If you have given us instructions which necessarily require us to transfer your personal information outside of Australia, you will be deemed to have provided such consent
Document Storage and Security Policies and Practices
Your personal information is generally held in a combination of paper-based client files and a computer database. LemSec will all times take reasonable steps to ensure that the information collected and held by us is protected from misuse, loss, unauthorised access, modification or disclosure. At all times your personal information is treated as confidential and any sensitive information is treated as highly confidential. Data is backed up each evening and stored securely offsite.
In the event you cease to be a client of this organisation, any personal information which we hold about you will be maintained in a secure storage facility for a period of seven years in order to comply with legislative and professional requirements, following which time hardcopy information will be destroyed.
Gaining Access to Your Personal Information
You may contact us to request access to your personal information and we will provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested or providing you with an accurate summary of the information held. Access to this information will be granted a reasonable time after the request is made. We will, prior to providing access in accordance with this policy, require you to provide evidence of your identity. If particular circumstances apply, we are permitted by the Privacy Act to deny your request for access, or limit the access we provide. In the event we refuse you access to your personal information, we will provide you with a written explanation for that refusal.
Information Access and Correction Policies and Procedures
We will endeavour to ensure that, at all times, the personal information about you that we hold is up to date and accurate. In the event that you become aware, or believe, that any personal information which we hold about you is inaccurate, incomplete or outdated, you may contact us and provide to us evidence of the inaccuracy or incompleteness. We will, if we agree that the information requires correcting, take all reasonable steps to correct the information a reasonable time after the request is made.
If we do not agree that your personal information requires correcting, we must, take reasonable steps to ensure that whenever your personal information is accessed or handled in the future, it is apparent that you are not satisfied as to the accuracy or completeness of that information. If we do not agree that your personal information requires correcting, we will provide you written explanation for that refusal. We will endeavour to respond to any request for access within 14-28 days depending on the complexity of the information and/or the request. If your request is urgent, please make this clear to us.
We ask that you promptly advise us of changes to the personal information you have supplied.
Our website
If you visit our website to browse, read or download information, our system will log these movements. These website logs are not personally identifiable and we make no attempt to link them with individuals who browse the website. If you visit our website to log into a secure area any personal information you access will be subject to password protection and we recommend you do not divulge your password to anyone. To further protect your personal information, your login in time will automatically expire after certain period
How You Can Make a Privacy Complaint
If you wish to complain about any breach or potential breach of this privacy policy or the Australian Privacy Principles (APPs), you should contact us by any of the methods detailed below and request that your complaint be directed to the Privacy Officer. Your complaint will be considered within seven days and responded to. It is our intention to use our best endeavours to resolve any complaint to your satisfaction; however, if you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.
Changes to this Policy
This policy is subject to change from time to time as LemSec Ltd considers necessary. We will publish material changes by making them available to you through our website and other means whereby our policies are published
Legal Address
Level 1/33 Cremorne StThe Commons, Cremorne VIC 3121