Blue Ocean Equities Pty Ltd ACN 151 186 935 (“Blue Ocean Equities”) recognise the importance of protecting personal information. This Policy explains how Blue Ocean Equities protects the privacy of individuals and summarises how the company collects, uses and discloses personal information about individuals.
Blue Ocean Equities is bound to comply with the Privacy Act 1988 and the Australian Privacy Principles (“APPs”) that regulate the handling of personal information about individuals.
1. Management of Personal Information
(a) Information Blue Ocean Equities collects
From time to time Blue Ocean Equities will collect personal information from clients, investors, financial planners, researches houses and other individuals (for example business contacts, referrers and potential new clients). The type of personal information that may be collected will depend on Blue Ocean Equities’ relationship with the person, and the circumstances of collection. Information collected from individuals may include the following:
- name, date of birth and place of birth;
- residential or business address, email address, facsimile number and contact telephone numbers;
- financial information (including details of earnings and assets), employment information;
- bank account details and credit/debit card details; and
Blue Ocean Equities may collect sensitive information from wholesale investors in order to comply with the Anti-Money Laundering and Counter-Terrorism Financing laws. This sensitive information may include government identifiers such as your tax file number.
We may also collect copies of identification documents for example driver licences, birth certificates and/or passports.
(b) How Blue Ocean Equities collects information
How we collect personal information will largely depend on whose information we are collecting. If it is reasonable and practical to do so, we collect personal information directly from you.
We may collect information about you when you:
- engage Blue Ocean Equities for the provision of services;
- seek advice from us, request information from us or use our securities and equities services;
- interact or conduct business with Blue Ocean Equities;
- telephone, email or write to us; or
- have a face to face meeting with a representative of Blue Ocean Equities.
As well as collecting information directly from an individual, there may be occasions when Blue Ocean Equities collects information from a third party, which will supplement the information held by Blue Ocean Equities.
We may collect personal information from third party stockbrokers, and from share registries who provide share registry, investor communication and voting services, or from independent sources.We will however only collect information from third parties where it is not reasonable and practical to collect the information from you directly.
(c) Gathering and combining personal information
Improvements in technology enable organisations to collect and use personal information to get a more integrated view of investors, and to allow them to provide better products and services to investors.
(d) Unsolicited Information
Sometimes we may be provided with your personal information without having sought it through our normal means of collection. We refer to this as “unsolicited information”. Where we collect unsolicited information we will only hold, use and or disclose that information if we could otherwise do so had we collected it by normal means. If that unsolicited information could not have been collected by normal means then we will destroy, permanently delete or de-identify the information as appropriate.
(e) How Blue Ocean Equities stores information
Personal information is stored and held in a combination of hard copy and electronic client files maintained by Blue Ocean Equities.
Personal information is only accessible by officers and employees of Blue Ocean Equities (on a need to know basis), unless it is disclosed to another party in accordance with this Policy.
Blue Ocean Equities takes all reasonable steps to protect personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure by using industry standard software protection programs.
(f) How is personal information used?
Personal information is used by Blue Ocean Equities for the purpose of conducting our business.
Our uses of personal information include but are not limited to:
- establishing your identity;
- managing your investment and our relationship with you;
- providing you with updates in relation to your investment and other investments;
- engaging with investors (including calls to investors and emails);
- assessing your application for a financial product;
- conducting and improving our business, and improving the investor experience;
- complying with our legal obligations, and assisting government and law enforcement agencies and/or regulators;
- identifying other products and services that we think may be of interest to you; and
- communicating with you about the products and services that we offer.
We may also need to collect personal and sensitive information in order to comply with our legal obligations, such as the Anti-Money Laundering and Counter-Terrorism Financing laws, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).
Blue Ocean Equities maintains a database of contacts including contact details of clients, referrers and potential new clients. Blue Ocean Equities does not engage in direct marketing with individuals, however we may on occasion use personal information (for example a person’s name and email address) to invite individuals to Blue Ocean Equities functions and events.
(g) Direct Marketing
We will not engage in direct marketing and we do not disclose your personal information to any third party marketing company.
(h) Sensitive Information
(i) Disclosure of information
Personal information may be disclosed to employees and agents of Blue Ocean Equities, to enable them to provide services to the client (including advisory and securities and equities services).
It may be necessary for us to disclose your personal information to certain third parties in order to assist us with one or more of our functions or activities, or where permitted or required by law. Third parties may include:
- organisations providing share registry services;
- entities that are related bodies corporate to Blue Ocean Equities;
- those to who we outsource certain functions, for example information technology support;
- auditors and insurers;
- government and law enforcement agencies and regulators; and
- entities established to help identify illegal activities and prevent fraud.
We may disclose your personal information from time to time, only if one or more of the following apply:
- you have consented;
- you would reasonably expect us to use or disclose your personal information in this way;
- we are authorised or required to do so by law;
- disclosure will lessen or prevent a serious threat to the life, health or safety of an individual or to public safety;
- where another permitted general situation applies (as defined in Section 16A of the Privacy Act 1988 (Cth)); or
- disclosure is reasonably necessary for a law enforcement related activity.
(j) Cross-border disclosure of personal information
Blue Ocean Equities may send personal information to overseas entities that could provide cloud storage services. The country where recipients are likely to be located is Singapore.
We may transfer personal information to a foreign recipient (including when an overseas entity accesses the information in Australia), only if:
- we reasonably believe that:
- the recipient is subject to law, or a binding scheme, that has the effect of protecting the information in a way that, overall, is at least substantially similar to the APP’s; and
- there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or
- the disclosure is required or authorised by or under an Australian law or a court/tribunal order; or
- the transfer is necessary for the performance of a contract with the individual (from which the information was collected); or
- the transfer is for the benefit of the individual (and the other APP requirements are met); or
- if the individual consents to the transfer.
Where disclosure is to be made to a known overseas entity, we will take reasonable steps to assess the privacy laws of the country where information will be disclosed to determine whether the overseas recipient is required to comply with privacy laws that are at least as stringent as the APP requirements in relation to information. We may enter into a written contract with the overseas recipient to enable us to enforce protection of the personal information that we provide to the overseas recipient, and ensure that the overseas entity does breach the APPs.
(k) Security of information
Blue Ocean Equities will take reasonable steps to protect the personal information Blue Ocean Equities holds from any misuse, loss, modification, disclosure or unauthorised access. For example, personal information is retained in secure hard copy and electronic files, and is only accessible by staff on a need to know basis.
(l) Information that is no longer required
If Blue Ocean Equities no longer needs the personal information for any purpose for which it may use or disclose the information, and the information does not need to be retained under an Australian law, or court order, Blue Ocean Equities will take reasonable steps to destroy or permanently de-identify the information.
2. Who can I contact for further information or to gain access to my personal information or to make a complaint?
(a) Contact Details
Individuals are able to contact Blue Ocean Equities and request further information about this Policy, request access to their personal information or make a request that personal information be corrected and/or updated. Individuals are also able to make a complaint about any aspect of this Policy, and/or any aspect regarding the collection or use of information by Blue Ocean Equities, including the following:
- the kind of information collected by Blue Ocean Equities;
- the collection process;
- the purpose for which information is collected;
- how information is held; or
- use or disclosure of information by Blue Ocean Equities.
Further information can be requested, access to information can be requested and complaints can be made using the contact details set out below.
Blue Ocean Equities Pty Ltd
Level 29 Aurora Place
88 Phillip Street
Sydney NSW 2000
Telephone: +61 2 8072 2988
Fax: +61 2 8072 2950
(b) Request for correction of information
If an individual requests Blue Ocean Equities to correct personal information held in respect to that individual, Blue Ocean Equities will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regarding to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
Blue Ocean Equities will respond to a request for correction of personal information within a reasonable period after the request is made. If Blue Ocean Equities refuses to correct the personal information as requested by an individual, Blue Ocean Equities will provide the individual with a written notice that sets out:
- the reasons for the refusal except to the extent that it would be unreasonable to do so; and
- the mechanisms available to complain about the refusal.
If Blue Ocean Equities refuses to correct the personal information, it will keep with the record an indication that the person has requested that the information be corrected.
If a person is not satisfied with the way in which Blue Ocean Equities handles an enquiry or complaint, they can call the Office of the Australian Information Commissioner on 1300 363 992.
Blue Ocean Equities may vary this Policy as business requirements or the law changes. Blue Ocean Equities will review this Policy on a regular basis and update the Policy as required.