Privacy Policy

1. About ESUPERFUND

ESUPERFUND Pty Ltd (AFSL 340762), as Trustee for the ESUPERFUND Trust (ABN 37 842 535 715) ("ESUPERFUND", "we", "our" or "us"), is committed to protecting your privacy and handling your personal information in a secure, transparent and responsible manner.

ESUPERFUND is an Australian provider of self-managed superannuation fund (SMSF) administration, taxation and related administrative financial services. We are also the holder of an Australian Financial Services Licence (AFSL) and are a registered Tax Agent.

Importantly, ESUPERFUND does not provide personal financial product advice, investment advice or recommendations. We do not employ, authorise or operate through financial advisers or adviser networks. Our role is limited to providing administrative, taxation and related services associated with the establishment, administration and compliance of self-managed superannuation funds.

We recognise the importance of protecting the personal information entrusted to us and are committed to complying with our obligations under Australian privacy laws.

2. Purpose of this Privacy Policy

This Privacy Policy explains how ESUPERFUND collects, holds, uses, discloses and protects your personal information when you:

enquire about our services;
become a client of ESUPERFUND;
use our website, Client Portal or mobile application;
communicate with us by telephone, email or other electronic means;
provide information to us through application forms or other documentation; or
otherwise interact with ESUPERFUND.

This Privacy Policy also explains:

what personal information we collect;
why we collect it;
how we use and disclose it;
how we protect it;
your rights to access and correct your personal information;
how to make a privacy complaint; and
how to contact us regarding privacy matters.

This Privacy Policy applies to all personal information collected by ESUPERFUND unless a separate privacy notice applies.

3. Our Privacy Commitment

Protecting your privacy is an important part of the way we conduct our business.

ESUPERFUND is committed to collecting, using and disclosing personal information only where it is reasonably necessary to provide our services, comply with our legal and regulatory obligations, protect our clients and maintain the integrity and security of our systems.

We manage personal information in accordance with the:

Privacy Act 1988 (Cth);
Australian Privacy Principles (APPs);
Spam Act 2003 (Cth);
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
Privacy (Tax File Number) Rule 2015 (Cth);
Tax Agent Services Act 2009 (Cth); and
any other applicable Australian privacy and data protection laws.

We maintain administrative, physical and technical safeguards designed to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

Where appropriate, we regularly review our privacy practices, internal policies and information security controls to ensure they remain effective and appropriate for the services we provide.

4. What Personal Information We Collect

We only collect personal information that is reasonably necessary to provide our services, comply with our legal obligations and operate our business.

Depending on your relationship with ESUPERFUND, we may collect the following categories of personal information.

Identity Information

Full name
Previous names
Date of birth
Residential and postal addresses
Citizenship and residency status
Government-issued identification documents (such as passports or driver's licences)
Tax File Number (TFN), where authorised by law
Signature and identity verification information

Contact Information

Email address
Telephone numbers
Preferred communication methods

SMSF Information

Superannuation fund details
Membership information
Trustee and director information
Beneficiary information
Pension details
Contribution information
Rollovers and transfer information

Financial Information

Where relevant to the services we provide, we may collect:

Bank account details
Investment holdings
Cash account information
Insurance information
Income and taxation information
Employer contribution information
Transaction records relating to your SMSF

Verification Information

To comply with applicable legislation we may collect information required to verify your identity, including:

Identification documents;
Electronic identity verification results;
Information obtained through authorised identity verification providers; and
Other information required under anti-money laundering legislation.

Communications

We may retain records of communications with you including:

emails;
letters;
telephone calls;
online enquiries;
Client Portal messages;
uploaded documents; and
records of requests made to us.

Website and Technical Information

When you use our website, Client Portal or mobile application, we may collect technical information including:

IP address;
browser type;
operating system;
device identifiers;
device location;
login activity;
pages visited;
cookies;
usage statistics; and
security logs.

Where permitted by law, we may also collect de-identified or aggregated information for reporting, analytics and service improvement purposes.

5. How We Collect Personal Information

We collect personal information in a number of ways depending on the services you use and your interactions with ESUPERFUND.

Information you provide directly

Most personal information is collected directly from you when you:

apply to become a client;
complete application forms;
establish or administer an SMSF through ESUPERFUND;
upload documents through the Client Portal;
communicate with us by telephone, email or post;
submit enquiries through our website;
attend meetings with us; or
otherwise request our services.

Information collected from authorised third parties

Where authorised by you or permitted by law, we may collect personal information from third parties including:

the Australian Taxation Office (ATO);
the Australian Securities and Investments Commission (ASIC);
AUSTRAC;
Australian Prudential Regulation Authority (APRA) regulated funds;
banks and financial institutions;
stockbrokers and investment platforms nominated by you;
accountants;
employers;
payroll providers;
insurance providers;
identity verification providers;
government agencies;
your authorised representatives; and
other organisations involved in administering your SMSF.

Information collected automatically

When you access our website, Client Portal or mobile application, we may automatically collect certain technical information through cookies, analytics tools and other technologies. This information helps us:

authenticate users;
protect our systems from fraud and cyber threats;
improve website performance;
understand how our services are used; and
enhance your user experience.

Collection required by law

In some circumstances, Australian law requires ESUPERFUND to collect certain personal information before we can provide services to you. This includes collecting and verifying your identity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and maintaining records required by taxation, corporations and financial services legislation.

If you choose not to provide information that we reasonably require, we may be unable to establish or continue providing services to you.

6. Why We Collect, Use and Disclose Personal Information

ESUPERFUND collects, holds, uses and discloses personal information only where it is reasonably necessary to provide our services, comply with our legal and regulatory obligations, protect our clients and business, or where otherwise permitted or required by law.

Depending on the services you receive, we may collect, use and disclose your personal information for purposes including to:

establish, administer and maintain your self-managed superannuation fund (SMSF);
provide SMSF administration, taxation and related administrative financial services;
process applications, instructions and transactions;
verify your identity and comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
comply with our obligations under taxation, corporations, financial services and other applicable laws;
communicate with you regarding your account, services or enquiries;
provide access to and administer the ESUPERFUND Client Portal and any associated mobile applications;
maintain accurate client records;
manage our relationship with you and respond to requests or complaints;
improve our products, services, systems and client experience;
conduct quality assurance, business analytics and operational reporting using aggregated or de-identified information where appropriate;
detect, investigate and prevent fraud, cybercrime, identity theft and other unlawful activity;
protect the security and integrity of our systems, websites and Client Portal;
manage business risk, governance and compliance activities;
undertake internal audits and regulatory reporting; and
any other purpose authorised by you or permitted or required by law.

We will only use your personal information for another purpose where:

you have consented;
the purpose is directly related to the original purpose of collection and you would reasonably expect us to use it in that way; or
we are otherwise permitted or required to do so by law.

7. Identity Verification (AML/CTF)

As a regulated financial services provider, ESUPERFUND is required to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and other applicable legislation.

Before providing certain services, we may be required to verify your identity. To do this, we may collect and verify information including:

your full name;
date of birth;
residential address;
government-issued identification documents;
citizenship or residency information; and
any other information reasonably required to satisfy our legal obligations.

Where permitted by law, identity verification may be conducted electronically through approved identity verification providers or government verification services.

If we are unable to satisfactorily verify your identity, we may be unable to provide, or continue to provide, some or all of our services.

We retain identity verification records for the period required under applicable legislation.

8. Tax File Numbers

ESUPERFUND may collect Tax File Numbers (TFNs) where permitted by law in connection with the establishment and administration of self-managed superannuation funds.

ESUPERFUND handles TFNs in accordance with the Privacy (Tax File Number) Rule 2015 (Cth) and the Privacy Act 1988 (Cth).

ESUPERFUND will only collect, use and disclose TFNs where authorised or required by taxation, superannuation or other applicable legislation.

TFNs are stored securely and access is restricted to authorised personnel who require access to perform their duties.

ESUPERFUND will not adopt a TFN as its own identifier for an individual.

9. Disclosure of Personal Information

ESUPERFUND treats your personal information as confidential and does not sell, rent or trade your personal information to third parties.

However, in order to provide our services and comply with our legal obligations, we may disclose your personal information to:

the Australian Taxation Office (ATO);
the Australian Securities and Investments Commission (ASIC);
AUSTRAC;
courts, tribunals and law enforcement agencies;
government departments and regulatory authorities;
banks and financial institutions;
stockbrokers, investment platforms and custodians nominated or authorised by you;
insurance providers;
auditors and external compliance consultants;
legal advisers;
accountants and taxation advisers authorised by you;
identity verification providers;
cloud hosting providers;
information technology providers;
document management providers;
payment service providers;
contractors and professional advisers engaged by ESUPERFUND; and
any other organisation where you have authorised the disclosure or where disclosure is required or permitted by law.

All third-party service providers engaged by ESUPERFUND are required to protect personal information and only use it for the purposes for which it has been disclosed.

Where appropriate, contractual arrangements are implemented to require service providers to maintain appropriate privacy, confidentiality and information security standards.

10. Overseas Disclosure of Personal Information

ESUPERFUND primarily stores personal information within Australia.

However, some of our technology providers, software vendors, cloud hosting providers or other service providers may store, process or access personal information from locations outside Australia.

Where personal information is disclosed overseas, we take reasonable steps to ensure that recipients:

are subject to appropriate privacy and confidentiality obligations;
implement appropriate information security controls;
only use personal information for authorised purposes; and
comply with applicable privacy and data protection requirements.

Depending on the services used, overseas processing may occur in jurisdictions where our authorised service providers maintain secure data centres or provide operational support.

By providing your personal information to ESUPERFUND, you acknowledge that your information may be disclosed to overseas service providers where reasonably necessary for the provision of our services or operation of our business.

11. Cookies and Website Technologies

When you visit the ESUPERFUND website, Client Portal or mobile application, we may automatically collect certain technical information to improve security, functionality and your overall user experience.

This information may include:

IP address;
browser type and version;
operating system;
device identifiers;
device location;
pages viewed;
referral sources;
session information;
login activity;
website usage statistics; and
other technical information generated through your use of our online services.

We may use cookies, session cookies, local storage technologies and similar tools to:

authenticate users;
maintain secure login sessions;
remember user preferences;
improve website performance;
analyse website traffic and usage patterns;
identify and resolve technical issues;
protect against fraudulent or malicious activity; and
improve the functionality of our online services.

We may also use website analytics services, such as Google Analytics or similar technologies, to better understand how visitors use our website. Information collected through these services is generally aggregated or de-identified and used to improve our website and services.

Most internet browsers allow you to control or disable cookies through your browser settings. However, if cookies are disabled, some features of the ESUPERFUND website or Client Portal may not function correctly.

Our website may also contain links to third-party websites. Those websites operate independently of ESUPERFUND and have their own privacy policies. We encourage you to review those policies before providing personal information to third-party websites.

12. Information Security

ESUPERFUND is committed to protecting the personal information we hold from misuse, interference, loss, unauthorised access, modification and disclosure.

We maintain a range of administrative, technical and physical security measures designed to safeguard personal information throughout its lifecycle. These measures include, where appropriate:

secure data hosting and storage;
encryption of sensitive information during transmission and, where appropriate, at rest;
multi-factor authentication and secure access controls for systems and applications;
role-based access controls to ensure employees only access information required to perform their duties;
monitoring, logging and auditing of system access and activity;
firewalls, anti-malware software and intrusion detection technologies;
regular security updates, vulnerability assessments and system maintenance;
secure backup and disaster recovery procedures;
employee training and awareness programs relating to privacy, cybersecurity and information handling; and
confidentiality obligations for employees, contractors and service providers.

Access to personal information is restricted to authorised personnel who require that information to perform their duties.

While ESUPERFUND takes reasonable steps to protect your personal information, no method of transmitting information over the internet or storing electronic information can be guaranteed to be completely secure. Accordingly, we cannot guarantee the absolute security of information transmitted to or from our systems.

If you believe your ESUPERFUND Client Portal account or personal information has been compromised, you should notify us immediately using the contact details provided in this Privacy Policy.

13. Artificial Intelligence and Automated Technologies

ESUPERFUND may use artificial intelligence (AI), machine learning or other automated technologies to assist in delivering and improving our services.

These technologies may be used for purposes such as:

document classification and processing;
workflow automation;
fraud detection and cybersecurity monitoring;
identifying system anomalies;
improving operational efficiency;
enhancing customer service; and
analysing aggregated or de-identified data to improve our services.

Where AI technologies are used in connection with personal information, ESUPERFUND remains responsible for ensuring that personal information is handled in accordance with this Privacy Policy and applicable privacy laws.

We do not use AI systems to make solely automated decisions that produce legal or similarly significant effects on individuals without appropriate human oversight.

Where third-party AI or cloud service providers are engaged, we take reasonable steps to ensure they implement appropriate privacy, confidentiality and security measures.

As technology evolves, ESUPERFUND may introduce additional AI-assisted capabilities. Where these involve changes to the way personal information is handled, this Privacy Policy will be updated accordingly.

14. Direct Marketing

From time to time, ESUPERFUND may send you communications about our products, services, service enhancements, regulatory updates, educational material or other information that we believe may be relevant to you.

These communications may be sent by:

email;
SMS;
telephone;
Client Portal notifications; or
other electronic communication channels.

We will only send direct marketing communications where permitted by applicable law, including the Spam Act 2003 (Cth).

You may opt out of receiving marketing communications at any time by:

selecting the unsubscribe link included in electronic communications;
updating your communication preferences (where available); or
contacting ESUPERFUND using the contact details provided in this Privacy Policy.

Please note that even if you opt out of marketing communications, we may still send you important service-related communications regarding your account, your SMSF, regulatory requirements, security notifications or other information necessary for the administration of our services.

15. Data Retention

ESUPERFUND retains personal information only for as long as reasonably necessary to:

provide our services;
comply with legal and regulatory obligations;
resolve disputes;
protect our legal rights; and
maintain appropriate business records.

The period for which information is retained will depend on the nature of the information, the services provided and the applicable legal requirements.

In many cases, legislation requires ESUPERFUND to retain certain records for a minimum period. This includes records maintained for taxation, corporations, financial services and anti-money laundering purposes.

When personal information is no longer required and we are not required by law to retain it, we take reasonable steps to securely destroy or permanently de-identify the information.

Back-up copies of information may remain in secure archival systems for a limited period as part of our disaster recovery and business continuity processes before being securely deleted in accordance with our retention policies.

16. Accessing and Correcting Your Personal Information

You have the right to request access to the personal information ESUPERFUND holds about you, subject to any exceptions permitted under the Privacy Act 1988 (Cth) or other applicable laws.

If you believe that personal information we hold about you is inaccurate, incomplete, out of date, irrelevant or misleading, you may request that it be corrected.

Requests for access or correction should be made by contacting ESUPERFUND via the ESUPERFUND Client Portal, or our Privacy Officer using the details set out at the end of this Privacy Policy.

To protect your privacy and security, we may require you to verify your identity before providing access to, or making changes to, your personal information.

We will acknowledge your request promptly and aim to respond within a reasonable period. Where access cannot be provided, or a requested correction cannot be made, we will explain the reasons unless we are prevented from doing so by law.

There is generally no fee for requesting access to your personal information. However, where permitted by law, ESUPERFUND may recover reasonable costs associated with providing access to extensive records or archived information. Any applicable charges will be discussed with you before they are incurred.

Where appropriate, clients may also update certain personal information directly through the ESUPERFUND Client Portal. We encourage you to keep your personal information current to ensure we can continue to provide our services effectively and communicate with you regarding your SMSF and related matters.

17. Third-Party Websites

The ESUPERFUND website, Client Portal or communications may contain links to third-party websites, applications or online services.

These websites operate independently of ESUPERFUND and have their own privacy policies and terms of use.

ESUPERFUND is not responsible for the privacy practices, security or content of third-party websites. We encourage you to review the privacy policy of every website you visit before providing your personal information.

18. Notifiable Data Breaches

ESUPERFUND maintains procedures for identifying, assessing and responding to actual or suspected data breaches.

Where a data breach is likely to result in serious harm to affected individuals, ESUPERFUND will comply with the Notifiable Data Breaches (NDB) Scheme established under the Privacy Act 1988 (Cth).

Where required by law, we will:

assess the incident;
take reasonable steps to contain the breach;
notify affected individuals where appropriate;
notify the Office of the Australian Information Commissioner (OAIC); and
implement measures designed to reduce the likelihood of similar incidents occurring in the future.

By providing your personal information to ESUPERFUND or by continuing to use our website, Client Portal or services, you acknowledge that you have read and understood this Privacy Policy.

Where your consent is required by law, you consent to ESUPERFUND collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy.

You may withdraw your consent at any time where permitted by law by contacting us using the details provided in this Privacy Policy. However, if you withdraw your consent, ESUPERFUND may be unable to provide some or all of our services.

20. Anonymity and Pseudonymity

Where it is lawful and practicable, you may deal with ESUPERFUND without identifying yourself or by using a pseudonym.

However, due to the nature of our services, it will generally not be practicable for ESUPERFUND to deal with you on an anonymous or pseudonymous basis.

If you choose not to provide your personal information, we may be unable to provide some or all of our services to you.

21. Privacy Complaints

ESUPERFUND is committed to resolving privacy concerns promptly, fairly and transparently.

If you believe that we have breached your privacy or have not handled your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), or this Privacy Policy, we encourage you to contact us so we can investigate your concerns.

When making a complaint, please provide:

your full name and contact details;
sufficient information to identify you;
details of your complaint; and
any supporting documentation that may assist our investigation.

Upon receiving your complaint, we will:

acknowledge receipt within a reasonable timeframe;
investigate the matter;
keep you informed of the progress of our investigation where appropriate; and
provide you with a written response, generally within 30 days, unless a longer period is reasonably required.

If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) .

Further information is available from:
Office of the Australian Information Commissioner
Website: https://www.oaic.gov.au

22. Changes to this Privacy Policy

ESUPERFUND may amend this Privacy Policy from time to time to reflect:

changes to legislation;
changes to regulatory requirements;
changes to technology;
improvements to our services;
changes to our business operations; or
changes to our information handling practices.

The most current version of this Privacy Policy will always be available on our website.

Where changes are significant, we may also notify clients through the ESUPERFUND Client Portal, email or other appropriate communication channels.

Your continued use of our services following publication of an updated Privacy Policy constitutes acceptance of the revised Privacy Policy.

23. Contact Us

If you have any questions regarding this Privacy Policy or would like to:

access your personal information;
correct your personal information;
withdraw your consent where applicable;
make a privacy complaint; or
enquire about how ESUPERFUND manages personal information,

please contact our Privacy Officer.

Privacy Officer
ESUPERFUND Pty Ltd
Email: privacy@esuperfund.com.au

Postal Address:
C/ESUPERFUND
PO Box 401
North Melbourne VIC 3051
Australia

We will respond to privacy enquiries as promptly as reasonably practicable.

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