Privacy Policy

Introduction

At Henslow Pty Ltd (Henslow), we are committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This Privacy Policy describes our current policies and practices in relation to the collection, handling, use and disclosure of personal information. It also deals with how you can complain about a breach of the privacy laws, how you can access the personal information we hold about you and how to have that information corrected. Websites and the Investment Hub operated by Henslow will not collect information about individuals except where it is knowingly provided.

Please also read our Terms of Use, available here. These terms apply to you when you use our website or Investment Hub services, or any other Henslow product, service (including financial service), feature, user-generated and other Henslow generated content or resources. 

This Policy applies only to personal information that you disclose or transmit to Henslow via the website or Investment Hub services or that is collected by Henslow in the course of providing services to you. 

Henslow is not responsible for the privacy policies or content of any third party websites  that you may access through links on our website or Investment Hub, and you must rely on that third party site for information about their privacy practices.

This Policy is incorporated into and is subject to the Henslow’s Terms of Service. Your use of the services and your provision of any Personal Information or location information to Henslow is subject to the terms of this Policy, Henslow’s Terms of Use and any other terms under which you have engaged with Henslow.

What information do we collect and how do we use it?

We only collect personal information that is necessary for us to carry out our obligations arising from any account registrations or contracts entered into between you and us. The personal information Henslow has collected from you as an investor or client is necessary for one or more of our services or activities provided to you.  This can include a broad range of information including but not limited to:

• name
• registered address
• phone number
• email address
• date of birth
• country of residence
• driver’s licence number, passport or other personal ID
• tax file number
• details of your annual income, expenditure and employment
• details of your assets and liabilities
• details of any securities or investments you have given us
• details of your associated bank accounts
• details of specific transactions
• details of your investment objectives and risk profile
• any other information we require to satisfy our obligations under relevant legislation

We may provide the information that you provide to us to:

• related companies of Henslow for the purpose of marketing new investment opportunities to you;
• the Australian Stock Exchange, Broking House, Options clearing House, Fund Managers, Insurers, Share Registries, FinClear Execution Ltd (FinEx) and other product providers engaged by Henslow from time to time to establish accounts on your behalf, or to process transactions;
• our bank, when depositing funds to your account;
• 3^rd party ID verification service providers;
• outsourcing organisations contracted by Henslow to provide administrative functions on our behalf, for example IT contractors providing maintenance of our data systems.

• • • We also use your information to enable us to manage your ongoing requirements and our relationship with you. We may do so by mail or electronically unless you tell us that you do not wish to receive electronic communications.
    • We may also use your information internally to help us improve our services and help resolve any problems.
    • By providing Henslow with personal information, or through your use of our website or Investment Hub, or by retaining us to provide the services, you agree with the terms of this Policy. Whenever you submit Personal Information to us, you consent to the collection, handling, use, disclosure and storage of that Personal Information by us in accordance with this Policy, the Privacy Act (including the APPs), any other applicable data protection legislation including the GDPR and any other contractual relationship that you have with Henslow. If you do not consent to the collection, use and disclosure of your Personal Information or location as described in this Policy, you are not permitted to use the website or Investment Hub and Henslow will not be able to provide services to you.

What if you don’t provide some information to us?

If you choose not to provide us with some or all of the information that we ask for, we may not be able to offer certain services to you.

How do we hold and protect your information?

We strive to maintain the relevance, reliability, accuracy, completeness and currency of the personal information we hold and to protect its privacy and security. We keep personal information only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements.

We hold the information we collect from you electronically on our secure Office 365 management system and in some instances as hard copy files. In some cases, your file is archived and sent to an external data storage provider for a period of time. We generally only use storage providers in Australia who are also regulated by the Privacy Act.

We ensure that your information is safe by restricting access to only our staff members that require the relevant access to your information. We maintain physical security over our paper and electronic data and premises, by using locks and security systems.

Website Data

1. Anonymous data

We use technology to collect anonymous information about the use of our website, for example when you browse our website our service provider logs your server IP address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our investors, clients and markets and to improve our services.

2. Cookies

In order to collect this anonymous data we may use “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Sometimes they identify users where the website requires information to be retained from one page to the next. This is purely to increase the functionality of the site. Cookies by themselves cannot be used to discover the identity of the user. Cookies do not damage your computer and you can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. They allow the website to recognise your computer when you return in the future.

3. Will we disclose the information we collect to anyone?

Henslow does not sell, trade, or rent your personal information to others or disclose it to overseas recipients.  We may disclose your information to governmental agencies or entities, regulatory authorities, or other persons in line with any applicable law, regulations, court order or official request, or under any and for the purposes of any guidelines issued by regulatory or other authorities, or similar processes as either required or permitted by applicable law.

We may also need to disclose your information to contractors who supply services to us, e.g. to handle mailings on our behalf, external data storage providers, auditors, lawyers, accountants or to other companies in the event of a corporate sale, merger, reorganisation, dissolution or similar event.  However, we will take all reasonable steps to ensure that they protect your information in the same way that we do.

We may provide your information to others if we are required to do so by law or under some unusual other circumstances which the Privacy Act permits.

4. How can you check, update or change the information we are holding?

Once we have collected your Personal Information, you are entitled under APP 12 to request the details of the information we are holding about you.  Upon receipt of your written request and enough information to allow us to identify the information, we will disclose to you the personal information we hold about you. We will also correct, amend or delete any personal information that we agree is inaccurate, irrelevant, out of date or incomplete.

If you wish to access or correct your personal information please write to info@henslow.com.

We do not charge for receiving a request for access to personal information or for complying with a correction request.

What is the General Data Protection Regulation (GDPR)?

If You are accessing the website or Investment Hub from Europe, then the General Data Protection Regulation (GDPR) may apply. The GDPR is a comprehensive European data protection law that provides greater data rights for individuals and increases compliance responsibilities for organizations. The GDPR grants EU residents greater control over their personal data and gives national regulators new powers to impose significant fines on organizations that breach this law.

If the GDPR applies in respect of any of the Personal Information we collect, then this section applies to that Personal Information. For the purposes of GDPR (as applicable), We are the ‘controller’.

If you are a resident in the European Economic Area (EEA), You have the following rights in relation to Your Personal Information:

• Access your personal data
• Correct errors in your personal data
• Erase your personal data
• Object to the processing of your personal data
• Export your personal data

If You are accessing the website or Investment Hub from Europe, references to Personal Information in this Policy means any information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.

You can make a request to exercise any of these rights in relation to Your Personal Information by sending the request to Henslow at the contact details provided at the end of this Policy.

If you have a complaint and you are based in Europe, or the issue you would like to complain about took place in Europe, please refer to your local data protection authority.

What happens if you want to complain?

We will treat your requests or complaints confidentially. All complaints received will be assessed and all reasonable steps (if any) will be taken to remedy the complaint. Our representative will endeavour to respond to your complaint within 45 days of receipt of the complaint by us.

If you have any concerns about whether we have complied with the Privacy Act or this Privacy Policy when collecting or handling your personal information, please write to our Privacy Officer at info@henslow.com.

If you are not satisfied with the resolution offered by our Privacy Officer, you may lodge a complaint with the Office of the Australian Information Commission (OAIC) in writing.

For more information, please see the OAIC website:

https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint

Your consent

By using our website or Investment Hub or asking us to assist with your matters in relation to any contracts entered into between you and us, you consent to the collection and use of the information you have provided to us for the purposes described above.

When can we vary this Policy?

From time to time it may be necessary for us to review and amend this Policy. Subject to the terms of the Privacy Act and the APPs, we reserve the right to amend this Policy at any time. You should check our website from time to time for our latest Policy. Your continued use of the services constitutes your agreement to this Policy and any future revisions.

Tell us what you think

We welcome your questions and comments about privacy. If you have any concerns or complaints, please contact us at info@henslow.com.