Privacy Policy

25th January, 2017

This statement sets out the policy of Encore Funds Management Pty Ltd (EFM) for the collection, storage and use of Personal information, as guided by the Privacy Act 1988, Australian Privacy Principles.
Further information on privacy in Australia may be obtained by visiting the website of the Office of the Federal Information Commissioner at www.oaic.gov.au
“APP” means the Australian Privacy Principles under the Privacy Act
“Encore Funds Management” means Encore Funds Management Pty Ltd ABN: 77 605 569 962
“EFM” means Encore Funds Management Pty Ltd ABN: 77 605 569 962
“Personal information” means information as defined in the Privacy Act which generally relates to it as any information that can be used to personally identify You such as Your name, address, telephone number and email address.
“You” means Encore Funds Management’s customers including members of the general public.

Information collected
EFM is committed to ensuring the confidentiality and security of the Personal information which You have provided to us. To enable us to run our business effectively it is necessary for us to collect Personal information about You. The type of Personal information that we collect will be determined by the nature of Your dealings with us. At a minimum, information collected may include Your name, address and contact details. In some instances additional information may also be required.

What type of Personal Information do we collect?

Initial Customer Contact

  • your name, date of birth, gender and marital status
  • your contact details including address, email address, telephone numbers including home, work and mobile
  • information to verify your identity such as your driver’s licence
  • details of products and services that you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries
  • your preferences for particular products or services

Entering into Contracts for the Provision of any of our Goods and Services

  • details of your nominated contact/s in an emergency such as medical practitioner, solicitor and powers of attorney/executors
  • Personal financial information such as bank account and/or credit card details

Other circumstances where we may collect Personal Information

We may from time to time ask you to participate in customer surveys so that we can obtain feedback regarding our services and products or inform you of potential new services that may be offered.

Information Collected from your visit to our website

Any information relating to you that you provide to us directly through our website or indirectly through use of our website or online presence such as your name and email address:

  • You will be given a choice as to the extent of the personal information required but it must be a sufficient amount of information in order to enable us to provide the services offered by us and for us to contact you for the purpose of assisting us in responding to any query you send us.
  • Other than your personal details we may also collect information such as your IP address, the date and time that you view the site, the pages accessed on our site, the type of web browser you use, your e-mail address if you send us a message and if you register onto the site during the registration process we may ask you to provide your telephone number.
  • EFM keeps track of the web sites and pages our customers visit within the EFM site in order to determine what EFM services are the most popular.  This data is used to deliver customised content and advertising to customers whose behaviour indicates that they are interested in a particular subject area.

How we collect information

EFM will collect your personal information directly from you unless it is unreasonable or impracticable to do so.  We may collect it in any of the following ways including but not limited to:

  • through your dealings with our consultants
  • online via our websites
  • through participation in surveys and promotions run by EFM
  • through inquires made by you with us either in person, by telephone, email and/or social media.

We may also collect personal information from third parties including from any related companies, including but not limited to, marketing agencies, credit reporting agencies, law enforcement agencies and other government entities.

Non Personal Information

Non personal information is information collected from visitors to the EFM website for the purpose of data collection which is used for us for analytical or statistical purposes so that we can improve our site, assess web page flow, assess the effectiveness of promotions and advertising.
This information may be required by us to be disclosed to advertisers or related business partners solely for the purpose for providing a better and improved site.  Non personal information includes information such as IP addresses, cookies and software designed to enable you to better navigate the site.

Cookies

Cookies are used by us to enable us to identify users and the frequency of their visits to the EFM website. If you do not agree to allow cookies to be activated, you may make changes to the privacy options of your particular browser by preventing cookies from being operative.  You should be aware however, that this may interfere with your use of the site and may restrict you from using all the tools offered on this Site.  Other service providers, advertisers or affiliates may also use cookies to enable them to assess web traffic and determine the effectiveness of advertising. We have no input or control as to what these companies may do with information they may collect via cookies.

Use of tracking software

EFM may use tracking software for the purpose of determining web traffic to the site.  No personally identifiable information is used during this tracking process.

Implementation of this Policy

In keeping with its obligations under the Privacy Act and in accordance with the APP EFM has in place systems that ensure that all EFM employees and contractors are familiar with the terms of this Policy and of their respective obligations.  It has in place internal training which includes the requirement that staff are familiar with the terms of this organisations policies which include this Privacy Policy.

The purpose for which the information is collected, held and used

Any personal information collected by us will be required in order for you to utilise the services offered by us.  Your personal information is important information about you and we will ensure that it is collected and stored securely.  The use of any personal information is carefully monitored and will be restricted solely to enable us to ensure delivery of any service offered by us or to inform you of other products or services available from EFM and its affiliates.
EFM does not sell, rent or lease its customer lists and/or any personal information that it obtains in any of its dealings with you to third parties.
Your personal information is required in order to enable us to provide our services to you. . Personal Information may also be disclosed between the Encore Living Group of Companies.
EFM may disclose your personal information to its trusted suppliers and contractors (“Third Party Suppliers and Contractors”) in order to enable the supply of goods and services, provide customer support, or arrange for deliveries.  EFM will ensure that as part of its terms and conditions of trading with EFM, that all such Third Party Suppliers and Contractors are required to observe the following:

  • They are prohibited from using your personal information except to provide these services to EFM.
  • They must have in place a Privacy Policy for their own organisation in accordance with the Privacy Act.
  • Include within their own Privacy Policy how the individual may access the personal information about the individual that is held and seek correction of such information.
  • Include within their own privacy policy how the individual may complain about a breach of the APP and how the company will deal with such a complaint and whether the third party company is likely to disclose the personal information to overseas recipients.
  • They are required to maintain the confidentiality of your information, strictly observe the terms of EFM’s Privacy Policy and not disclose any personal information to any other party.

EFM is committed not to use or disclose Personal information that it has collected, other than in the manner for which it was intended or any reasonable secondary purpose. For example, EFM may use (and may disclose) Your information for the following purposes:

  • To consider other inquiries made by You to us.
  • To help us identify products and services that may interest You.
  • To tell You about products and services (unless You have asked us not to) or provide information about financial products.
  • To maintain our relationship with You.
  • To perform our internal administration and operations including accounting, income distribution, reporting, risk management, record keeping, archiving, systems development and testing & staff training.
  • If You are an investor, then to comply with legislative or regulatory requirements, for example, advising the Australian Taxation Office of Your tax file number, if provided by You, and entering Your details on the register of members for a fund in which You invest.  This register is available for inspection by the public in accordance with the Corporations Act.  The information included on such a register would only include Your name, address and the amount of Your investment in the scheme.

In order to provide our products and services, we may need to share Personal Information with other organisations being its trusted suppliers and contractors. You agree to allow us to release your personal information to these third parties as it is incidental and necessary in order to enable us to deliver our goods and services to you.  Commonly, organisations we would share such information with, include:

  • Your agents, including Your finance broker, Your stock broker and Your legal or financial advisers, Your or our professional advisers
  • Your executor, administrator, trustee, guardian or attorney.
  • Any other professional adviser as authorised by You.
  • Regulatory bodies, government agencies, law enforcement agencies and courts.
  • Other parties we are authorised or required by law to disclose information to.
  • Suppliers
  • Staff

EFM 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.
Your Personal information may be disclosed to other employees of EFM.  You can be assured that Your information will be maintained by any employee of EFM in accordance with this policy.

Direct Marketing

You acknowledge that from time to time we may use your personal information to advise You of our promotional offers or products, services, discounts, competitions and special promotions that we consider may be of interest to You.  These communications may be sent by email SMS, post or telephone.  You consent to us advising you of those direct marketing communications by these methods.
If You do not wish to receive any marketing material You may opt-out of receiving marketing communications by contacting us directly, on the contact details below, or by using any opt-out facilities provided in the marketing communications.
If You wish to opt-out of other (or all) marketing communications or mailing lists, please contact us directly on the email address below.

Opting-out of other marketing communications

You can opt out if You prefer to not receive direct marketing communications about our latest products, promotions and offers.  In order to opt-out, please contact us using the contact details below.

Disclosure of your personal information outside Australia.

EFM is not likely to disclose personal information that it receives directly from You to overseas recipients.  However, our website makes use of cloud computing technologies and our servers may be located overseas.  Therefore, if You provide us with personal information, You consent to our collection, use, disclosure of Your personal information and to the transfer and storage of that information on our overseas servers.  If information is transferred to a recipient overseas we will ensure that the foreign country has provisions for the appropriate protection of personal information as required by the relevant privacy laws.

Quality of Personal Information Obtained

All reasonable steps will be taken by EFM to ensure that the personal information collected by it is accurate, up to date and complete and relevant for the purpose that it is required.

Storage and Security of Personal Information

EFM takes all reasonable security measures to protect Personal Information from loss, unauthorised access, destruction, misuse, modification or disclosure by any person, employee or agent.  It has in place relevant policies for document storage and protection as well as compulsory confidentiality provisions with all employees and contractors.
EFM will take all reasonable steps to ensure the security of our website and to protect any personal information held from misuse, interference and loss, unauthorised access, modification or disclosure. Any information which we hold for You electronically is stored on secure servers.
A variety of tools have been implemented in order to protect Your personal information against unauthorised access and disclosure.
Further, any employee, independent contractor or agent that we engage is required to observe confidentiality and respect the privacy of any personal information held or obtained by us from You.  To the extent permitted by law, however, we will not be liable for any loss as a result of any unauthorised access or use of Your personal information by any third party including any employee, independent contractor or agent resulting from or arising from unauthorised access of your Personal Information. We cannot however, guarantee unauthorised access and disclosure of your Personal Information.
In order to ensure that Your Personal Information is kept securely You agree to keep Your Personal Information secure, by ensuring that any password used by You on this site is kept confidential and not disclosed to any other person. In the unlikely event that there is any unauthorised use of Your account by any person, or any breach of security relating to your account of which You become aware then You agree to notify us immediately.
Access to Your Personal information
You may at any time request access to Your Personal information.  We will, in accordance with this policy, require You to provide evidence of Your identity prior to providing You with this information.

Dealing with request for information

EFM will respond to a request for access to information within a reasonable period after the request is made and, subject to the matters listed below, give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
In accordance with APP, EPM is not required to give you access to the Personal Information to the extent that:

  • it reasonably believes that giving access would pose a serious threat to the life, health or safety of an individual or to public health or public safety
  • or
  • giving access would have an unreasonable impact on the privacy of other individuals
  • or
  • the request for access is frivolous or vexatious
  • or
  • the information relates to existing or anticipated legal proceedings between EFM and the individual and would not be accessible by the process of discovery in those proceedings
  • or
  • giving access would reveal the intentions of EFM in relation to negotiations with the individual in such a way as to prejudice those negotiations
  • or
  • giving access would be unlawful
  • or
  • denying access is required or authorised by or under an Australian law court/Tribunal Order
  • or
  • Both of the following apply:
  • EFM has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to EFM’s functions or activities has been, is being or may be engaged in
  • Giving access would be likely to prejudice the taking of appropriate action in relation to the matter
  • or
  • Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body
  • or
  • Giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision making process.

If EFM refuses to provide the information because of any of the above matters or to give access in the manner requested, EFM must give a written notice to you that sets out:

  • the reasons for the refusal except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so and
  • the mechanisms available to complain about the refusal and
  • Any other matter prescribed by the regulations.

Changing Your Personal information
EFM will endeavour to ensure that the Personal information we hold is up to date and accurate.  In the event that it is not, You may request an update or correction of Your Personal information by contacting EFM by any of the methods detailed below.
Complaints
If You wish to complain about any breach or potential breach of this privacy policy You should contact EFM by any of the methods detailed below and request that Your complaint be directed to the Privacy Officer.
Contact Details
The Privacy Officer
Encore Funds Management Pty Ltd (ACN 605569962)
PO Box 8258, Carrum Downs Vic. 3201
Tel: 03 97751252
Email: info@encorefm.com.au
Website: www.encorefm.com.au
Authorised Representative of Macro Capital Ltd.(AFSL No. 392401)

General

By using this site, You represent that You are at least the age of majority in Your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us Your consent to allow any of Your minor dependents to use this site.
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify You here that it has been updated, so that You are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
A copy of this Policy will be available on the Encore Funds Management Pty Ltd website at www.encorefm.com.au . A hard copy of the Policy can be made available, free of charge upon written request being made to the Privacy Officer.