Disclaimers & Policies
Any information, financial product or advice provided in this website is general in nature. It does not take into account your needs, financial situation or objectives. Before acting on the advice, you should consider whether it is appropriate to you in light of your needs, financial situation and objectives.
Past performance is not a reliable indicator of future performance. The information contained throughout the website does not take into account your needs, financial situation or objectives. Before acting on the advice, you should consider whether it is appropriate to you in light of your needs financial situation and objectives. You should consider the relevant Product Disclosure Statement before making any decision about the product referred to.
Privacy And Information Management Policy
This Policy outlines Hewison Private Wealth’s (HPW) obligations to manage and protect personal information. HPW is bound by the Australian Privacy Principles (‘APPs’) under the Privacy Act 1988 (Cth) (Privacy Act). This Policy also outlines HPW’s practices, procedures and systems that ensure compliance with the Privacy Act and the APPs.
- Disclosure of information means providing information to persons outside of HPW;
- Personal information means information or an opinion relating to an individual, which can be used to identify that individual;
- Privacy Officer means the contact person within HPW for questions or complaints regarding HPW’s handling of personal information;
- Sensitive information is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
- Use of information means use of information within HPW.
What kind of personal information do we collect and hold?
As a financial planning organisation, we are subject to certain legislative and regulatory requirements which necessitate us collecting and holding certain personal information about you. The kinds of personal information we collect may include:
- telephone numbers;
- email addresses;
- employment details and employment history;
- details of the individual’s financial needs and objectives;
- details of the individual’s current financial circumstances, including the individual’s assets and liabilities (both actual and potential), income, expenditure, insurance cover and superannuation;
- details of the individual’s investment preferences and tolerance to risk;
- bank account details;
- drivers’ licence details;
- health information; and
- other information that is relevant to the services that we provide.
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.
As we are required pursuant of the Corporations Act and Rules of Professional Conduct of the Financial Planning Association of Australia to collect sufficient information to ensure appropriate advice can be given in respect of recommendations made to our clients, if you elect not to provide us with the personal information referred to above, we may elect to terminate our retainer with you if we believe we are unable to provide you with a complete service.
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.
How we use personal information.
We generally collect personal information directly from the you during face-to-face interviews, over the telephone or when you complete an online client engagement form. We may also collect your personal information 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, use a mobile app from us, call us or send us correspondence.
HPW will not collect sensitive information unless you have consented or an exemption under the APPs applies. These exemptions 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 elect to terminate our retainerif we believe we are unable to provide you with a complete service.
HPW does 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 HPW to deal with individuals who are not identified.
Unsolicited personal information.
HPW may receive unsolicited personal information about you. We destroy all unsolicited personal information, unless the personal information is relevant to HPW ‘s 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. If we do this, we will retain the information in the same way we hold other personal information.
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.
We also use analytics on the site. We do not pass any personally identifiable information through this function, however, the data we collect may be combined with other information which may be identifiable to you.
About whom do we collect personal information?
The personal information we may collect and hold includes (but is not limited to) personal information about the following individuals:
- potential clients;
- service providers or suppliers;
- prospective employees, employees and contractors; and
- other third parties with whom we come into contact.
Why does HPW collect and hold personal information?
We are required under the Rules of Professional Conduct of the Financial Planning Association of Australia to make certain information available for inspection by the Association on request to ensure ongoing compliance with mandatory professional standards. This may involve the disclosure of your personal information. We are also obliged pursuant to the Corporations Act, to maintain certain transaction records and make those records available to inspection by the Australian Securities and Investment Commission.
We engage professional external auditors for the purposes of maintaining compliance with the requirements of the Corporations Law and to audit the integrity of processes. This may involve the disclosure of your personal information.
We may use and disclose the information we collect about you for the following purposes:
- to assist HPW in providing financial services requested by you, including preparing an your financial plan, providing financial advice, reviewing financial plans and investment recommendations, and administering your financial affairs;
- to complete documentation and forms;
- to consider and assess an your request for a product or service;
- to provide you with information about a product or service;
- to protect our business and other clients from fraudulent or unlawful activity;
- to conduct our business and perform other management and administration tasks;
- to consider any concerns or complaints an you may have;
- to manage any legal actions involving HPW;
- to comply with relevant laws, regulations and other legal obligations, including the Corporations Act 2001, Anti-Money Laundering and Counter-Terrorist Financing Act 2006, and Rules of Professional Conduct of the Financial Planning Association of Australia; and
- to help us improve the financial services offered to our clients, and to enhance our overall business.
How might we use and disclose personal information?
HPW may use and disclose personal information for the primary purposes for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.
We may use the personal information collected from you for the purpose of providing you with direct marketing material such as articles that may be of interest to you, however, you may, by contacting us by any of the methods below, request not to receive such information and we will give effect to that request. Please allow 2 weeks for your request to be actioned.
We may disclose personal information to:
- a related entity of HPW;
- an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, debt collectors or other advisors;
- professional external auditors;
- organisations involved in a transfer or sale of all or part of our assets or business (you will be advised of any such transfer or sale);
- organisations involved in managing payments, including payment merchants and other financial institutions such as banks;
- regulatory bodies, government agencies, law enforcement bodies and courts, including the Financial Planning Association of Australia and the Australian Securities and Investments Commission;
- superannuation fund trustees;
- insurance providers;
- other financial product issuers; and
- anyone else to whom you authorises us to disclose it or is required by law.
We may also collect personal information from these organisations and individuals, and will deal with that information in accordance with this Policy.
In order to ensure that you receive a personal and tailored service, your Personal Information will be accessible by authorised members of staff. This access will be especially for the purpose of providing services to you.
We engage other people to perform services for us, which may involve that person handling personal information we hold. In these situations, we prohibit that person from using personal information about you except for the specific purpose for which we supply it. We prohibit that person from using the your information for the purposes of direct marketing their products or services.
In relation to sensitive information held by us, wherever possible, HPW will attempt to de-identify the information. We also undertake to take reasonable steps to delete all personal information about youwhen it is no longer needed.
Sending information overseas.
We will not send personal information to recipients outside of Australia unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Act, and the APPs;
- the recipient is subject to an information privacy scheme similar to the Privacy Act; or
- the individual has consented to the disclosure.
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
Management of personal information.
HPW recognises how important the security of personal information is to clients. We will at all times seek to ensure that the personal information we collect and hold is protected from misuse, interference and loss, and unauthorised access, modification or disclosure. HPW respects the confidentiality of the personal information we collect.
Personal information is generally held in client files. Information may also be held in a computer database. All papers and files are stored in lockable cabinets and secure lockable offices, which are locked out of hours. All record movements off premises are recorded in a central register. All data stored off site is stored securely. Access to our premises is controlled by allowing only personnel with security passes to access the premises.
In relation to our computer-based information, we apply the following guidelines:
- data ownership is clearly defined within HPW;
- data is backed up each evening;
- data is protected through the use of access passwords and passwords are routinely checked;
- employees’ access capabilities are changed when they are assigned to a new position;
- employees have restricted access to certain sections of the system;
- the system automatically logs and reviews all unauthorised access attempts;
- the system automatically limits the amount of personal information appearing on any one screen;
- unauthorised employees are barred from updating and editing personal information;
- all personal computers which contain personal information are secured, physically and electronically;
- data is encrypted during transmission over the network;
- print reporting of data containing personal information is limited;
- HPW has created procedures for the disposal of personal information; and
- personal information is overwritten to the extent possible when the information is no longer required.
Where we no longer require the personal information for a permitted purpose under the APPs, and are no longer required to hold the information by law, we will take reasonable steps to destroy it. We will hold personal information for at least 7 years in order to comply with legislative and professional requirements.
HPW may use personal information collected from you for the purposes of direct marketing if:
- the personal information does not include sensitive information; and
- you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
- we provide a simple way of opting out of direct marketing; and
- you have not requested to opt out of receiving direct marketing from us.
You can contact us to opt out of receiving direct marketing material, and will give effect to the request within 2 weeks.
If you would not reasonably expect us to use or disclose the information for the purpose of direct marketing, we may only use or disclose that information for direct marketing if you have consented to the use or disclosure of the information for direct marketing or it is impracticable to obtain that consent.
In relation to sensitive information, HPW may only use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.
Individuals may also request that HPW provides them with the source of their information. If such a request is made, HPW must notify you of the source of the information free of charge within a reasonable period of time.
We do not adopt identifiers assigned by the Government (such as drivers’ licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies
Keeping personal information accurate and up-to-date?
We will endeavour to ensure that, at all times the personal information about you which we hold is up to date and accurate. If you become aware or believe that any personal information which we hold about you is inaccurate, incomplete or outdated you may contact us by any of the methods detailed below and provide to us evidence of the inaccuracy or incompleteness or outdatedness and we will, if we agree that the information requires correcting, take all reasonable steps to correct the information.
If we do not agree that your personal information requires correcting, we must, if you request, 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.
We will endeavour to respond to any request for access within 14 – 30 days depending on the complexity of the information and/or the request. If your request is urgent, please indicate this clearly.
Access to personal 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 your Adviser. We will provide access within 30 days of your request. If we refuse to provide the information, we will provide reasons for the refusal.
An individual’s request for access to his or her personal information will be dealt with either by providing the individual with copies of the information requested by allowing the individual to inspect the information or providing the individual with an accurate summary of the information held. 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.
We will not provide you access to personal information which would reveal any confidential formulae or the detail of any in house evaluative decision making process, but may instead provide you with the result of the formulae process or an explanation of that result.
We will not provide you with access to your personal information if:
- Providing access would pose a serious threat to the life or health of a person;
- Providing access would have an unreasonable impact on the privacy of others;
- The request for access is frivolous or vexatious;
- The information related to existing or anticipated legal proceedings between us and would not be discoverable in those proceedings;
- Providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
- Providing access would be unlawful;
- Denying access is required or authorise by or under law;
- Providing access would be likely to prejudice certain operations by or on behalf of enforcement body or an enforcement body requests that access not be provided on the grounds of national security.
In the event we refuse to access to your personal information, we will provide you with an explanation of that refusal.
Updates to this policy.
This 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. This Policy is approved by the Board of Directors.
Non-compliance and disciplinary actions.
Contractual arrangements with third parties.
- regulating the collection, use and disclosure of personal and sensitive information;
- de-identifying personal and sensitive information wherever possible;
- ensuring that personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and
- ensuring that the personal and sensitive information is only disclosed to organisations which are approved by HPW.
If you have any concerns in relation to the disclosure of his or her personal information to third parties, they should contact us.
Inquiries and complaints.
We have an effective complaints handling process in place to manage privacy risks and issues.
The complaints handling process involves:
- identifying (and addressing) any systemic/ongoing compliance problems;
- increasing consumer confidence in our privacy procedures; and
- helping to build and preserve our reputation and business.
If you have any questions about our privacy procedures, or if wish to make a complaint about how we have dealt with your personal information you may lodge a complaint to the Managing Director. Your complaint will be considered within 7 days and responded to. It is our intention to use our best endeavours to resolve any complaint to your satisfaction.
- by telephoning – (03) 8548 4800
- by writing to – Managing Director – Level 8,417 St Kilda Road, MELBOURNE VIC 3004
- by emailing – firstname.lastname@example.org
What if I am not satisfied with the response?
If you are not satisfied with the result of your complaint to HPW you can also refer your complaint to the Office of the Australian Information Commissioner.
You can contact the Office of the Australian Information Commissioner:
- by telephoning – 1300 363 992
- by writing to – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
- by emailing – email@example.com
In the event that we propose to sell our business, we may disclose your personal information to potential purchases for the purpose of them conducting due diligence investigations. Any such disclosure will be made in confidence and it will be a condition of that disclosure that no personal information will be used or disclosed by them. In the event that a sale of our business is effected, we may transfer your personal information to the purchaser of the business. As a client, you will be advised of any such transfer.
PRIVACY AMENDMENT (NOTIFIABLE DATA BREACHES) ACT 2017
The privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) amends the Privacy Act 1988 (Cth) (Privacy Act) taking effect as at 22 February 2018.
Please refer to the Privacy Amendment Policy
Dispute Resolution Policy
This policy explains how you can make a complaint, our measures for handling your complaint, and the steps you can take if you are not satisfied with our response to your complaint or the time that it takes for us to respond.
When we use the term “IDR”, we mean “internal dispute resolution”.
We acknowledge the importance of having an effective and efficient complaints handling and IDR framework, and we adopt a customer-focused approach. While we acknowledge your right to make a complaint, we expect that you will treat our staff with respect when they are dealing with your complaint.
The purpose of this Complaints Policy is to set out the information required to be in a Complaints policy by ASIC Corporations, Credit and Superannuation (Internal Dispute Resolution) Instrument 2020/98 (“the Instrument”). The Instrument is a legislative instrument made by the Australian Securities and Investments Commission (“ASIC”).
We adopted the current version of this Complaints Policy on 29 July 2021.
What is a complaint?
A complaint is:
“An expression of dissatisfaction made to or about us; related to our products, services, staff or our handling of a complaint, where a response or resolution is explicitly or implicitly expected or legally required”.
How to make a complaint?
You can make a complaint to us in any of the following ways:
- Telephone (03) 8548 4800
- Email firstname.lastname@example.org
- In writing Level 8/417 St Kilda Road Melbourne Victoria 3004
When making your complaint, please tell us:
- your name
- how you wish us to contact you (for example, by phone, email)
- what your complaint is about; and
- what you are seeking to resolve with your complaint.
If you need help to make a complaint
If you need help to make or manage your complaint, you can appoint someone (for example, a relative or friend) to represent you. Please note that we will need your authority to speak to any representative that you appoint. We can also arrange an interpreter for you, and help you to fill out forms or express your complaint.
How we will deal with your complaint
We will acknowledge receipt of your complaint and try to resolve it as quickly as possible.
Generally, where your complaint is made:
- verbally – we will acknowledge your complaint in the same manner
- in writing – by email or via social media, we will acknowledge your complaint, in writing, within one business day or as soon as practicable thereafter.
When acknowledging your complaint, we will also have regard to any preferences you have communicated to us in relation to the way in which you wish for us to communicate with you.
Investigation of your complaint
If we cannot resolve your complaint immediately, we will need some time to investigate your concerns.
We may also request that you provide us with further information to assist with our investigation. IDR Response We will provide you with our written reasons for the outcome of your complaint (“IDR Response”) within the following timeframes where:
- your complaint is not resolved within 5 business days of us receiving your complaint;
- if you request a written response; or
- if your complaint is about a declined insurance claim, the value of an insurance claim or if your complaint is about a decision of a superannuation trustee.
Standard complaints – No later than 30 calendar days after receiving your complaint
Traditional trustee complaints – No later than 45 calendar days after receiving your complaint
Superannuation trustee complaints, except for complaints about death benefit distributions – No later than 45 calendar days after receiving your complaint
Complaints about superannuation death benefits – No later than 90 calendar days after the expiry of the 28-calendar day period for objecting to a proposed death benefit distribution referred to in section 1056(2)(a) of the Act.
Our IDR Response will also inform you of your right to escalate your complaint to the Australian Financial Complaints Authority (AFCA). AFCA offers a free and independent dispute resolution for financial complaints to individuals and small businesses.
If we reject your complaint (whether in full or in part), our IDR Response will:
- identify and address the issues you raised in your complaint;
- set out our findings on the material questions of fact raised in your complaint, making reference to the relevant supporting information; and
- provide a sufficient level of detail in order for you to understand the reasons for our decision so that you can decide whether to escalate the complaint to AFCA or another forum.
We are not required to provide you with an IDR Response if:
- your complaint is resolved to your complete satisfaction within 5 business days and you have not requested an IDR Response; or
- within 5 business days of receiving your complaint, we have given you an explanation and/or apology in circumstances where we cannot take any further action to reasonably address your complaint.
Delay in providing an IDR Response
If we are not able to provide our IDR Response to you on time because your complaint is complex or because of circumstances beyond our control, we will write to you to explain the reasons for the delay, and inform you of your right to complain to AFCA and provide you with AFCA’s contact details.
Escalating your complaint
If you are not satisfied with our response to your complaint, you can escalate your complaint to AFCA.
We are required to be a member of an external dispute resolution scheme. Accordingly, we are a member of AFCA and our membership number is 10507. You can contact AFCA using the following details: