Capital Com Australia Pty Ltd (‘we’, ‘our’, ‘us’, the ‘Company’) is a company registered in Australia and is licensed as an Australian Financial Services Licensee under AFSL 513393. We are bound by the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles (APPs) and recognise the importance of ensuring the confidentiality and security of your personal information. Our contact details are as follows:
In this Privacy Policy:
This Privacy Policy contains information about how:
We may collect and hold a range of personal information about you to provide you with our services, including your:
We generally collect personal information directly from you. For example, personal information will be collected through our application processes, forms and other interactions with you in the course of providing you with our products and services, including when you visit our website or social media pages, use a mobile app from us, call us or send us correspondence via email or live chat.
We may also collect personal information about you from a third party, such as electronic verification services, partners, affiliates and introducing brokers (‘Referrers’) or marketing agencies. If so, we will take reasonable steps to ensure that you are made aware of this Privacy Policy. We may also 3. Your rights 4. What personal information do we collect and hold? 5. How we collect personal information use third parties to analyse traffic at our website, which may involve the use of cookies. Information collected through such analysis is anonymous.
We will not collect sensitive information about you without your consent unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law, or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct. If the personal information we request is not provided by you, we may not be able to provide you with the benefit of our services or meet your needs appropriately.
We do not give you the option of dealing with us anonymously, or under a pseudonym. This is because it is impractical, and, in some circumstances, illegal for us to deal with individuals who are not identified.
We may receive unsolicited personal information about you. We will destroy or de-identify all unsolicited personal information we receive unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect, and in that case we will retain it as other personal information.
The personal information we may collect and hold includes (but is not necessarily limited to) personal information about
We collect personal information from our website www.capital.com when we receive emails and online forms. For more information, please refer to our Cookie Policy.
We use cookies to understand how users interact with our website, to compile aggregate data about our website traffic, including where our website visitors are located, and interaction so that we can offer better user experiences. In addition we use Marketing cookies to enable you to experience more relevant online content and see adverts which are aligned with your interests.
Cookies are mainly stored on your side; this means that you are generally able to delete them at any time. . You can use your website browser settings to accept, refuse and delete cookies. To do this, follow the instructions provided by your browser or for general information on how to remove cookies, please visit: www.aboutcookies.org which has instructions on how to amend your cookie settings for a variety of browsers and how to delete existing cookies from your computer.
Cookies do not contain personal information in themselves but can be used to identify a person when combined with other information. Cookies are small text files which are transferred to your computer’s hard drive through your web browser that enables our website to recognise your browser and capture and remember certain information. This includes facilitating your use of our website and mobile application by completing forms or other inquiries and from maintaining records of information provided in the course of ongoing customer support. We may acquire information from other sources i.e. credit information, identity checks, questionnaires, user interactions.
We provide our clients with 2 types of cookie identifiers, “session cookies” which are short term and “third party cookies” which are long term. The cookies which we store are only related to device identifiers (i.e. IPs, OS, browser) and they are not related to any of your personal information client personal data.
In addition to our use of cookies, we may record any communications, electronic, by telephone, LiveChat or otherwise, that we have with you in relation to the services we provide to you. Whilst we do not currently use third parties to analyse traffic at that website, we reserve the right to do so in future and will update our Privacy Policy accordingly. Information collected through such analysis is anonymous.
We use and disclose the information we collect about you for the following purposes:
We may use and disclose your personal information for any of these purposes. We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above, or in other circumstances authorised by the Privacy Act.
Where applicable, sensitive information will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise, or an exemption in the Privacy Act applies.
We may disclose personal information to:
If we disclose your personal information to service providers or our Associated Companies that perform business activities for us, they may only use your personal information for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third parties adequately address privacy issues, and we will make third parties aware of this Privacy Policy.
We may disclose the following personal information to credit reporting bodies (‘CRB’), to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF obligations):
The purpose of disclosing this information is to enable us to verify whether the personal information collected matches the identification information held by the CRB. We may, upon request, provide you with an alternative method of verification, however, any alternative verification method must also comply with the AML/CTF legislation.
We may disclose personal information within our group and other associated companies that may be located outside Australia in some circumstances. We require our associates to acknowledge the confidentiality of the clients personal information and to respect any individual’s right of privacy and comply with either the Australian Privacy Principles or their local privacy regime and this privacy notice.
We will not send personal information to recipients outside of Australia unless
If you consent to your personal information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.
We recognise the importance of securing the personal information of our clients and will take the necessary steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.
Your personal information is generally stored in our computer database. Any paper files are stored in secure areas. In relation to information that is held on our computer database, we apply the following guidelines:
Where our employees work remotely or from home, we implement the following additional security measures:
We may only use personal information we collect from you for the purposes of direct marketing without your consent if:
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.
You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of 13. Direct marketing facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period.
We ensure that all contractual arrangements with third parties adequately address privacy issues, and we make third parties aware of this Privacy Policy.
Third parties will be required to implement policies in relation to the management of your personal information in accordance with the Privacy Act. These policies include:
We are committed to ensuring that the personal information we collect, use and disclose is relevant, accurate, complete and up-to-date.
We encourage you to contact us to update any personal information we hold about you. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We will not charge you for correcting the information.
Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information that we hold about you by contacting our Privacy Officer. We will provide access within 30 days of your request. If we refuse to provide the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access at our sole discretion.
This Privacy Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. Where we have made material changes to this policy, we will notify you of those changes.
It is the responsibility of management to inform employees and other relevant third parties about this Privacy Policy. Management must ensure that employees and other relevant third parties are advised of any changes to this Privacy Policy. All new employees are to be provided with timely and appropriate access to this Privacy Policy, and all employees are provided with training in relation to appropriate handling of personal information. Employees or other relevant third parties that do not comply with this Privacy Policy may be subject to disciplinary action.
Privacy breaches must be reported to management by employees and relevant third parties. Ignorance of this Privacy Policy will not be an acceptable excuse for non-compliance. Employees or other relevant third parties that do not comply with this Privacy Policy may be subject to disciplinary action.
We have an effective complaint handling process in place to manage privacy risks and issues. For more information about our complaints handling process, please refer to our Complaints Policy which is available on our website.
The complaints handling process involves:
You can make a complaint to us about the treatment or handling of your personal information by lodging a complaint with the Privacy Officer. If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by:
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner (‘OAIC’) by
