Who we are
‘We’, ‘us’ and ‘our’ refer to PJ Kearney & Co P/L trading as Kearney & Co ABN 80 007 077 947 and Kearney Financial Planning P/L ACN 159 163 774, referred to collectively as the Kearney Group (Kearney Group P/L ACN 140 859 481).
Purpose of this policy
This Policy sets out our commitment in respect of personal information we hold about you and how that information is used. It aims to ensure that we comply with the Privacy Act (Cth) 1998 ("Privacy Act"), the Australian Privacy Principles (“APPs”) and all other relevant legislation which collectively outlines the rights and responsibilities of private sector organisations in the collection, holding, use, correction, disclosure and transfer of personal information.
This Policy explains how we manage your personal information, however we may provide more detail on how we manage your personal information when we collect your personal information.
Personal information includes any information or opinion, about an identified individual or an individual who can be reasonably identified from their information. The information or opinion will still be personal information whether it is true or not and regardless of whether we have kept a record of it.
The information that we seek to collect about you will depend on the products or services that we provide. If you do not allow us to collect all of the information we request, we may not be able to deliver all of those services effectively.
What kinds of personal information do we collect and hold?
When you apply for our products or services we may ask for identification information. This could include your name, address, contact details and date of birth among other things. We may also collect your tax file number or other government identifiers if we are authorised to collect them and if you choose to supply them. If you apply for insurance, we may collect information about what is being insured, the beneficiaries, and your health and financial situation, depending on the type of insurance.
Throughout the life of your product or service, we may collect and hold additional personal information about you. This could include transaction information or making a record of queries or complaints you make and, if you make an insurance claim, collecting additional information to assess the claim.
The collection of sensitive information is restricted by the Privacy Act. This includes information about your religion, racial or ethnic origin, political opinions, criminal record, and sexual orientation. It also includes health information and biometric information.
Generally, we only collect this sort of information if it is necessary to provide you with a specific product or service and you have consented to that collection. For example, we may collect some health information about you to process an application for an insurance policy.
For what purposes do we collect, hold, use and disclose personal information?
The main reason we collect, use, hold and disclose personal information is to provide you with products and services. This includes:
- checking whether you are eligible for a product or service;
- assisting you where online applications are not completed;
- providing the product or service; and
- helping manage the product or service.
We may also use your information to comply with legislative or regulatory requirements in any jurisdiction, prevent fraud, crime or other activity that may cause harm in relation to our products or services and to help us run our business. We may also use your information to tell you about products or services we think may interest you.
If we collect government identifiers we will never use them in order to identify you.
How do we collect your personal information?
We collect most personal information directly from you. For example, we collect personal information from you when you apply for or use a product or service or talk to us in person or on the phone.
We also collect information from you electronically. For instance, when you visit our website or if you send us electronic correspondence (see "Electronic collection of personal information").
While we will always endeavour to collect personal information directly from you where reasonable and practical, sometimes we collect personal information about you from other people or organisations. This may happen without your direct involvement. For instance, we may collect personal information about you from:
- publicly available sources of information, such as public registers;
- your representatives (including your legal adviser, mortgage broker, executor, administrator, guardian, trustee, or attorney);
- your employer;
- other organisations, who jointly with us, provide products or services to you;
- commercial information service providers, such as companies that provide fraud prevention reports; and
- insurers, re-insurers and health care providers.
Laws requiring or authorising us to collect personal information
We are required or authorised to collect:
- certain identification information about you by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1);
- your Tax File Number, if you choose to provide it, by the Income Tax Assessment Act 1936 (Cth); and
- certain information in relation to your application if you have applied for an insurance as required by the Insurance Contracts Act 1984 (Cth).
How do we hold personal information?
Much of the information we hold about you will be stored electronically in secure data centres which are located in Australia and the United States of America (“U.S.”) and owned by either us or external service providers. Some information we hold about you will be stored in paper files. We use a range of physical and electronic security measures to protect the security of the personal information we hold. For example:
- access to information systems is controlled through identity and access management;
- employees are bound by internal information security policies and are required to keep information secure;
- all employees are required to complete training about information security; and
- we regularly monitor and review our compliance with internal policies and industry best practice.
We take reasonable steps to destroy or permanently de-identify any personal information after it can no longer be used.
Who do we disclose your personal information to, and why?
We may provide personal information about our clients to organisations outside the Kearney Group. Prior to disclosing any of your personal information to another person or organisation, we take all reasonable steps to ensure that the 3rd party has a commitment to protecting your personal information at least equal to our commitment, or that you have expressly consented to us making the disclosure.
Additionally, to protect personal information, we enter into contracts with our service providers that require them to comply with the Privacy Act. These contracts oblige them to only use the personal information we disclose to them for the specific role we ask them to perform.
Generally, we disclose personal information to organisations that help us with our business. These may include:
- our agents, contractors and external service providers (for example, mailing houses and technology service providers);
- insurers, re-insurers and health care providers;
- payment systems operators (for example, merchants receiving card payments);
- other organisations, who jointly with us, provide products or services to you;
- financial services organisations, including banks, superannuation funds, stockbrokers, custodians, fund managers and portfolio service providers;
- debt collectors;
- our legal advisers or auditors;
- your representatives (including your legal adviser, accountant, mortgage broker, executor, administrator, guardian, trustee, or attorney);
- fraud bureaus or other organisations to identify, investigate or prevent fraud or other misconduct;
- IT Service Providers;
- Our Licensee, Securitor Financial Group Limited (ABN 48 009 189 495) and its related bodies corporate.
- external dispute resolution schemes; and
- regulatory bodies, government agencies and law enforcement bodies in any jurisdiction.
We may also disclose your personal information to others outside of the Kearney Group where:
- we are required or authorised by law or where we have a public duty to do so;
- you may have expressly consented to the disclosure or the consent may be reasonably inferred from the circumstances; or
- we are otherwise permitted to disclose the information under the Privacy Act.
Transborder disclosure of personal information
We may disclose your personal information to a recipient which is located outside Australia. Often times this occurs as a result of using cloud software where servers are located outside Australia. This includes our service providers which are likely to be located in the U.S., New Zealand or other countries and any financial institution which you hold an account with overseas where you have given us permission to make enquiries on your behalf.
We will use your personal information to offer you products and services we believe may interest you, but we will not do so if you tell us not to. We may offer you products and services by various means, including by mail, telephone, email, SMS or other electronic means, such as through social media or targeted advertising through our websites.
We may also disclose your personal information to companies outside the Kearney Group who assist us to market our products and services to you.
If you don’t want to receive marketing offers from us please contact us.
Electronic collection of personal information
We will collect information from you electronically, for instance through internet browsing, mobile or tablet applications.
Each time you visit our website, we collect information about your use of the website, which may include the following:
- the date and time of visits;
- which pages are viewed;
- how users navigate through the site and interact with pages (including fields completed in forms and applications completed);
- location information about users;
- information about the device used to visit our website; and
- IP addresses.
We use technology called cookies when you visit our site. Cookies are small pieces of information stored on your hard drive or in memory. They can record information about your visit to the site, allowing it to remember you the next time you visit and provide a more meaningful experience.
One of the reasons for using cookies is to offer you increased security. The cookies we send to your computer cannot read your hard drive, obtain any information from your browser or command your computer to perform any action. They are designed so that they cannot be sent to another site, or be retrieved by any non-Kearney Group site.
We won't ask you to supply personal information publicly over Facebook, Twitter, or any other social media platform that we use. Sometimes we may invite you to send your details to us via private messaging, for example, to answer a question. You may also be invited to share your personal information through secure channels to participate in other activities, such as competitions.
Access to and correction of personal information
At any time you can request access to the personal information we hold about you. You can also ask for corrections to be made. To do so, please contact us.
There is no fee for requesting that your personal information is corrected or for us to make corrections. In processing your request for access to your personal information, a reasonable cost may be charged. This charge covers such things as locating the information and supplying it to you.
There are some circumstances in which we are not required to give you access to your personal information.
If we refuse to give you access to or to correct your personal information we will give you a notice explaining our reasons except where it would be unreasonable to do so.
If we refuse your request to correct your personal information, you also have the right to request that a statement be associated with your personal information noting that you disagree with its accuracy.
If we refuse your request to access or correct your personal information, we will also provide you with information on how you can complain about the refusal.
There is an exemption in the Privacy Act regarding information relating to current or former employees. The Privacy Act does not apply to an act done or practice engaged in by the Kearney Group in relation to:
- a current or former employment relationship between the Kearney Group and the individual; and
- an employee record held by the Kearney Group relating to the individual (includes personal information relating to the employment relationship and may include information such as recruitment/termination information, terms and conditions of employment, health and banking details).
This exemption does not apply to applicants who are unsuccessful in securing a role with us. In those cases, we will take all the necessary steps to ensure proper collection, use, storage, disclosure of and access to information in accordance with the Privacy Act and other applicable laws.
Resolving privacy concerns and complaints
If you are concerned about how your personal information is being handled or if you have a complaint about a breach by us of the Privacy Act or the APPs, please contact us.
Complaints should be directed to our Privacy Compliance Officer in writing. We will acknowledge your complaint as soon as we can after receipt of your complaint. We will let you know if we need any further information from you to resolve your complaint.
The Kearney Group will investigate the complaint and prepare a response to the complainant in writing within a reasonable period of time. We strive to resolve complaints within five business days but some complaints take longer to resolve. If your complaint is taking longer, we will let you know what is happening and a date by which you can reasonably expect a response.
If you are not satisfied with our response or the manner in we dealt with the complaint, there are other bodies you can go to.
The Financial Ombudsman Service (FOS) can consider most privacy complaints involving providers of financial services.
FOS can be contacted at:
Financial Ombudsman Service
GPO Box 3
Melbourne VIC 3001
Phone: 1300 78 08 08
Under the Privacy Act you may complain to the Office of the Australian Information Commissioner about the way we handle your personal information.
The Commissioner can be contacted at:
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Please send feedback, comments, complaints or requests for further clarification of this Policy to:
Privacy Compliance Officer
PO Box 3347
Burnley North VIC 3121
Phone: +61 3 9428 8822
For general information or queries about the Kearney Group:
- Give us a call on +61 3 9428 8822
- Stop in for a visit:
Suite 8, 651 Victoria Street
Abbotsford VIC 3067