Collection of Personal Information
Stirling collects and maintains personal information that is necessary to enable us to deliver our services or Stirling products or otherwise for our primary business functions and/or activities.
In the normal course of our business we only collect information about you when you provide it to us or it is provided to us under your authority.
Stirling will collect personal information directly from you when you apply for a product or a service which we are obliged to do by law prior to provide you with a product or service.
On occasion, Stirling may collect personal information about you from third parties, for example regulatory authorities. Information that we collect will be limited to that required to provide you with our services.
What type of information does Stirling hold?
The type of information we collect and hold about you varies depending on the type of product or service you require but is generally limited to that outlined in the product application forms. This information includes names, address’, contact details, and may include (depending on the product) trust or fund name, bank account details for income distributions by direct credit and tax file numbers.
Stirling will only collect, maintain and use your Personal Information to adequately provide the services you have requested, via application forms which are received directly. Occasionally, we may collect information through telephone or email enquiries about our products. Any changes or updates to the personal information that we hold will be retained.
In most circumstances, the information that we hold about you has been provided to us by you or under your authority. If we have received information that is not required to provide services to you, we will either advise you that we hold this information or destroy it.
Other purposes for which we may need to collect and use your personal information will include:
- To comply with legislative and regulatory requirements (including the AML/CTF 2006 Act,
- To enable us to perform administrative operations such as accounting, record keeping, and archival retrieval;
- To enable us to contact you when conducting marketing and inviting you to events that you may be interested in; and
- Tell you about new services and/or products we can offer (unless you tell us not to contact you with this type of information.)
You may choose not to provide us with your personal information. In this case we would not be able to deal with you including providing a financial product. Under the AML/CTF laws we must be able to identify our clients and verify that identity.
How does Stirling use this information?
Stirling requires personal information necessary to process investor applications and to administer and report on investments. Stirling is authorised to collect tax file numbers by the Income Tax Assessment Act 1936. It is not compulsory for tax file numbers to be provided to Stirling, however, if not provided taxation law requires us to deduct tax from distributions at the highest marginal rate.
We may also use the information to send you material about other products or services. If you do not want to receive this type of material, tell us and we will stop.
Will Stirling disclose your personal information?
Stirling may share information with organisations that assist us to administer your investments or provide you with products and services including our internal and external service providers such as compliance providers. The organisations receiving this information are not permitted to use your information for any purpose other than the specific purpose it was provided.
There are circumstances under which Stirling may disclose your personal information such as:
- When the disclosure is required by law (for example, disclosed to the Australian Taxation Office or AUSTRAC);
- Authorised by law (such as where disclosure is necessary in the public interest or to protect our interests);
- In the event that we propose to sell our business, we may disclose your personal information to potential purchasers for the purpose of them conducting due diligence investigations. Any such disclosures will be made in confidence. In the event that a sale of our business is affected, we may transfer your personal details to the purchaser of the business. As a client you will be advised of any such transfer.
We will also disclose your personal information if you give your consent for us to do so.
Stirling will not disclose your personal information to overseas recipients.
We do not sell mailing lists or provide client information to parties other than those noted above.
How does Stirling handle a request for access to personal information?
Under the Australian Privacy Principles you are generally entitled to access the information we hold about you. Where you are entitled to access, the time we require to give you access will depend on the type of information requested. If we can, we will answer your question immediately.
We will also try to answer you in the same way that you ask, for example, if you telephone to ask for the information we will if practicable, give you that information over the telephone. We will generally respond to a written request in writing.
Sometimes we will ask that you put your request in writing, for example, where you want copies of material or access to older information or files which are not current or it is necessary for us to retain record of your request.
We may also ask you to identify yourself to our satisfaction.
There are certain conditions under which we may refuse you access to your personal information, such as when your request may unreasonably impact upon another person’s right to privacy. If we are entitled under the Australian Privacy Principles to refuse to give you access, we will tell you and provide reasons for our decision.
We will not charge a fee for making a request to access your personal information however we may charge a fee for accessing your personal information. If a fee is applicable, we will disclose this to you prior to providing you with the information.