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Privacy Policy

5th July, 2017

General

By visiting the Foster Stockbroking Pty Ltd (FSB) (ABN 15 088 747 148) website, you are accepting the practices in this Privacy Policy. This privacy Policy should be read in conjunction with the Privacy Policy and Client Statement of Pershing Securities Australia Pty Ltd.

FSB respects and upholds your rights to privacy protection under the Australian Privacy Principles (APPs) contained in the Privacy Act Amendment Act 2012 which replaces the Privacy Act 1988. The Australian Privacy Principles came into effect on 14th March 2014.

FSB is part of the Financial Services Industry and as such, is governed by:

  • The Corporations & Securities Legislation and the Financial Services Reform Act (FSRA), regulated by the Australian Securities and Investments Commission (ASIC);
  • The ASX Operating and Listing Rules;
  • ASIC Market Integrity Rules;
  • ASX Clear Pty Ltd;
  • ASX Settlement Pty Ltd; and
  • AUSTRAC and the AML/CTF Act 2006

Collection of personal information

FSB only collects personal information from you by lawful and fair means and not in any unreasonably intrusive way. Typically, we only collect information about you when you provide it to us or it is provided to us with your authority.
FSB undertakes to collect only personal information that is strictly necessary to conduct one or more of its activities or functions in its capacity as a stockbroker. The information may be collected from you from our application form,or from company share registries and from any enquires we are required to make such as for example, to check listings maintained by Financial Services Protection Limited.

The type of information that we may collect ordinarily includes:

  1. Your name, address, telephone number and email address;
  2. Drivers licence and/or passport;
  3. Your date of birth;
  4. Financial institution account details;
  5. Personal information such as your occupation and certain financial information;
  6. Information about your investment objectives, financial situation and needs; and
  7. Transaction details associated with your securities holdings and transactions.

Use of information

We use the information about you:

  1. To assist in providing our broking and other services to you, such as execution of share trading;
  2. To maintain, administer and manage our services to you, including settlement and registration;
  3. To help us to meet our obligations under the law in relation to dealing and advising on your behalf in the financial products we are licensed to provide. For example, the need to gain an understanding of your investment needs relevant to providing you with general financial product advice;
  4. For our marketing and research requirements; and
  5. To perform our administrative operations.

Disclosure of information

There are certain people to whom and organisations to which we might disclose your information depending on the services we provide to you. These parties are prohibited from using your information except for the specific purpose for which we supply it to them.

We may disclose information about you to any of the organisations that we use in the ordinary administration of our business including share registries and to Pershing Securities Australia Pty Ltd, our Third Party Clearer.

We may also be required to disclose personal information to any regulatory or other body authorised to request such information. Other bodies to whom we might disclose some of your personal information might include the Australian Tax Office (ATO), the Australian Crimes Commission (ACC), ASX Ltd, the Australian Securities and Investment Commission(ASIC), Australian Transaction Reports and Analysis centre (AUSTRAC), or to the operators of disputes or complaints resolutions schemes.

Data quality

Prior to the use and disclosure of personal information, reasonable steps will be taken to ensure it is relevant and accurate for the purpose for which it is to be used.

Data secruity

Safeguards will be maintained to protect personal information against unauthorised access, alteration, destruction, use or disclosure and against accidental loss.

Access and correction

You may request access to the personal information we hold about you by telephoning The Compliance Officer on +612 9993 8111. We will endeavour to respond to a request for personal information within a reasonable period of time.

In certain circumstances we may not be able to tell you what personal information we hold about you. These exceptions are detailed in APP 12.3 (a-j) and includes where the information:

  • Would have an unreasonable impact on the privacy of other individuals;
  • Relates to existing or anticipated legal proceedings with you
  • Would reveal information about commercially sensitive decision making processes; and
  • Prevents us by law from disclosing the information, or providing access which would prejudice certain investigations

We endeavour to ensure that the information we hold about you is correct and accurate. Should any of your information be incorrect or inaccurate you may request an amendment of it and, if we agree, we will amend it. If we do not agree with you, we will take reasonable steps and make a note on your personal information stating that you disagree with it.

We may charge you a fee for accessing your personal information.

You should keep us informed of any changes to your information by notifying us in writing. We may also ask you to review, confirm and advise us of any changes to your information.

Cross-border disclosure of personal information

Generally, Foster Stockbroking does not disclose personal information to overseas recipients, unless required to do so by law in relation to FATCA (Foreign Account Tax Compliance Act (USA)).

Website

FSB might record your e-mail address if you enquire via our “Contact” link on this website. Your e-mail address will only be utilised for the purpose for which you have provided it to us and it will not be disclosed to third parties without your prior consent.

Generally, FSB does not attempt to identify users who might browse this website. However, in the event of an investigation, a law enforcement agency may exercise a warrant to inspect the service provider’s logs.

Users of this site are advised that the Internet is generally not regarded as a secure environment and therefore you should exercise care in transmitting any information.

Statistical information

From time to time FSB may collect statistical information regarding the use of its website. In general, we might use the information for security purposes and to assess the usage of our websites.

Contacting us and complaints

If you wish to contact us regarding this policy, or if you wish to make a complaint about the way we may have handled your personal information, or if you believe there has been a breach or potential breach of this Privacy Policy or of the APPs, then please contact our Compliance Manager via the contact details below:

The Compliance Manager
Foster Stockbroking Pty Ltd
Level 25/52 Martin Place
Sydney 2000
Tel +612 9993 8111

We will endeavour to resolve your complaint promptly and satisfactorily. However, if you do not think that we have resolved your complaint satisfactorily, or if we have not responded within 30 days, you can contact the Office of the Australian Information Commissioner (OAIC) on 1300 363 992 or http://www.oaic.gov.au/privacy/making-a-privacy-complaint

Client agreement

By continuing to do business with FSB you agree to us collecting, using and disclosing information in accordance with this privacy policy.

Please note that this privacy policy may change from time to time. We suggest you periodically review our privacy policy for any changes that may have occurred.

More information on the Australian Privacy Principles and privacy in general can be found on the Office of the Australian Information Commissioner (OAIC)website at www.oaic.gov.au

Foster Stockbroking Pty Ltd | Level 25, 52 Martin Place, Sydney NSW 2000 | Equities +61 2 9993 8100 | General +61 2 9993 8111 | contact@fostock.com.au

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