Privacy Policy
Intent
This privacy policy applies to Westbourne Credit Management Limited ACN 131 843 144 and its related bodies corporate including Westboune Credit Management (UK) Limited (registered in England and Wales, registration number 11302524) (Westbourne, we, our, us). We recognise the importance of ensuring the confidentiality and security of personal information.
All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use personal information collected and held by Westbourne must abide by this Privacy Policy. Westbourne makes this Policy available free of charge and can be downloaded from our website www.westbournecapital.com.au
This Policy outlines Westbourne’s obligations to manage and protect personal information. In Australia, Westbourne is bound by the Australian Privacy Principles ('APPs') and the Privacy Act 1988 ('Privacy Act'). For individuals located within the United Kingdom (UK) and/or member states of the European Union (EU), we also comply with the Data Protection Act 2018 (UK) and the General Data Protection Regulation (EU) 2016/679 (GDPR).This Policy also outlines a number of Westbourne’s practices, procedures and systems that ensure compliance with the applicable data protection legislation.
In this Privacy Policy:
- ‘Disclosure’ of information means providing information to persons outside Westbourne;
- ‘Individual’ means any persons whose personal information we collect, use or disclose;
- 'Personal information’ means information, data or an opinion relating to an individual, which can be used to identify that individual such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual;
- ‘Privacy Officer’ means the contact person within Westbourne for questions or complaints regarding Westbourne’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, the commission or alleged commission by them of any offence, any proceedings for any offence committed or alleged to have been committed by them and criminal record, and also includes physical and mental health information ; and
- ‘Use’ of information means use of information within Westbourne.
What kind of personal information do we collect and hold?
We may collect and hold the following kinds of personal information about individuals, including name, address, phone numbers, email addresses, occupation, bank account details, taxation information, drivers’ licence details and any other information that is relevant to the services that we provide.
How we collection personal information
We generally collect personal information by the following methods:
- directly from applications and forms relating to using our services or employment opportunities;
- from information disclosed to us by individuals by phone, or by sending us correspondence (including letters, faxes and emails) or visiting us in person;
- from third party sources, such as identity verification service providers, financial institutions, fund recipients, or referrers.
The above list is not exhaustive.
In some circumstances we may be provided with personal information from a third party. When we are provided with personal information from a third party, we will take reasonable steps to ensure that the individual has been made aware of the matters set out in this Privacy Policy.
Westbourne will not collect sensitive information unless the individual has consented or an exemption applies. These exceptions 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 an individual, we may not be able to provide the benefit of our services, or meet the individuals needs appropriately.
Westbourne does not give individuals the option of dealing with them anonymously, or under a pseudonym. This is because it is impractical, and in some circumstances illegal, for Westbourne to deal with individuals who are not identified.
Unsolicited personal information
We may receive personal information about an individual when we have taken no active steps to collect that information. This is known as ‘unsolicited’ personal information. We destroy all unsolicited personal information, unless the personal information is relevant to Westbourne’s purposes for collecting personal information.
Who do we collect personal information about?
The personal information we may collect and hold includes (but is not limited to) personal information about clients, potential clients, service providers or suppliers, prospective employees, employees and contractors and other third parties who we may have contact with.
Website collection
We collect personal information from our web site www.westbournecapital.com.au when we receive emails. We may also use third parties to analyse traffic at that web site, which may involve the use of cookies. Information collected through such analysis is anonymous. For example, where a cookie is linked to your account, it will be considered personal information. We will handle any personal information collected by cookies in the same way hat we handle all other personal information as described in this Privacy Policy.
Why does Westbourne collect and hold personal information?
We will collect, hold, use, process and disclose your personal information for the purposes set out in the table below. If you are located within the UK or the EU, the lawful basis for our collection, holding, use, processing and disclosure of your personal information is also set out in this table.
| Purpose of collection, storage, use, processing and disclosure |
Lawful basis |
|---|---|
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Your consent (if given to us) Performance of a contract with you
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Your consent (if given to us)
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Your consent (if given to us)
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Your consent (if given to us)
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Compliance with our legal obligations For our legitimate interests in enforcing our contractual and legal rights
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Performance of our employment contract with you
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In order to take steps requested by you prior to considering whether to enter into an employment agreement with you |
How might we use and disclose personal information
Westbourne 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 applicable data protection legislation.
We use and disclose personal information for the purposes outlined above. Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the individual agrees otherwise, or where certain other limited circumstances apply (e.g. if required by law).
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 individuals except for the specific purpose for which we supply it. We prohibit that person from using individual information for the purposes of direct marketing their products or services.
In relation to sensitive information held by us, wherever possible, Westbourne will attempt to de-identify the information. We also undertake to take reasonable steps to delete all personal information about individuals when it is no longer needed.
We may disclose personal information to credit reporting bodies, in order to comply with our obligations under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) (AML/CTF obligations). To comply with our AML/CTF obligations, we may disclose an individual’s name, date of birth and residential address to institutions, in order to verify whether the personal information matches the identification information held by the institutions. We may, upon request, provide individuals with an alternative method of verification, however, any alternative verification method must also comply with the AML/CTF legislation.
Who might we disclose personal information to?
We may disclose personal information to:
- a related entity of Westbourne;
- an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants or other advisors;
- organisations involved in managing payments, including payment merchants and other financial institutions such as banks;
- regulatory bodies, government agencies, law enforcement bodies and courts;
- financial product issuers and credit providers; and
- anyone else to whom the individual 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.
Disclosure of Australian personal information outside Australia
We may disclose personal information to banks, agents or service providers that are located outside Australia in some circumstances. These recipients may be located in OECD countries, United Arab Emirates and Singapore.
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 any applicable data protection legislation;
- the recipient is subject to an information privacy scheme similar to the applicable data protection legislation; or
- the individual has consented to the disclosure.
Disclosure of personal information of UK/EU individuals outside of the UK/EU
Similarly, we may disclose personal information to banks, agents or service providers that are located outside the UK/EU in some circumstances. These recipients may be located in OECD countries, United Arab Emirates and Singapore. When we disclose personal information to such third parties, we do so in accordance with the adequacy decision under Article 45 of the GDPR or other data protection laws, as applicable.
Management of personal information
Westbourne 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 interference, misuse or loss, and unauthorised access, modification or disclosure. Westbourne employees must respect the confidentiality of the personal information we collect.
Personal information is generally held in client files. Information may also be held electronically. All paper files are stored in secure areas. Electronic information is protected through the use of access passwords.
In relation to our electronic information, we apply the following guidelines:
- data ownership is clearly defined within Westbourne;
- password procedures are followed;
- we change employees’ access capabilities when they are assigned to a new position;
- employees have restricted access to certain sections of the system;
- unauthorised employees to not have access to update and edit 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;
- Westbourne has procedures for the disposal of personal information; and
- personal information is overwritten to the extent possible when the information is no longer required.
Westbourne performs all employment procedures, including application and termination processes, in a confidential manner. Individual personnel attributes, such as classification information and salaries, are confidential.
Where we no longer require the personal information for a permitted purpose under the APPs, we will take reasonable steps to destroy it.
Notifiable Data Breaches
For the purposes of Australian individuals, Westbourne complies with the Notifiable Data Breaches scheme. A Notifiable Data Breach occurs when there is unauthorised access to, unauthorised disclosure of, or loss of the personal information held by Westbourne, and where the breach is likely to result in serious harm.
In accordance with the Notifiable Data Breaches scheme, Westbourne has implemented the Data Breach Response Procedure, which requires Westbourne to:
- determine whether a data breach has occurred;
- contain the data breach, and take remedial action where appropriate;
- notify individuals, the Australian Information Commissioner and (if necessary) members of the public, of the data breach; and
- identify any learning outcomes for Westbourne which flow from the data breach, and incorporate those outcomes into our privacy procedures and privacy training for employees.
A copy of the Data Breach Response Procedure can be found in the Westbourne Compliance manual.
Direct marketing
As an investment manager of institutional investors, Westbourne does generally not conduct direct marketing. However if it was to do so, it would not use personal information for the purposes of direct marketing, unless:
- the personal information does not include sensitive information; and
- the individual 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
- the individual has not requested to opt out of receiving direct marketing from us.
If we collect personal information about individuals from a third party, we will only use that information for the purposes of direct marketing if the individual has consented (or it is impracticable to obtain consent), and we will provide a simple means by which the individual can easily request not to receive direct marketing communications from us.
In relation to sensitive information, Westbourne may only use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.
The individual has the right to request to opt out of direct marketing and we must give effect to the request within a reasonable period of time.
The individual may also request that Westbourne provides them with the source of the individual information. If such a request is made, Westbourne must notify the individual of the source of the information free of charge within a reasonable period of time.
Identifiers
We will not use identifiers assigned by the Government, such as a tax file number, Medicare number or provider number, for our own file recording purposes, unless one of the exemptions in the Privacy Act applies. Westbourne endeavours to avoid data-matching, being the comparison of data collected and held for two or more separate purposes in order to identify common features in relation to individuals, as a basis for further investigation or action in relation to those individuals.
How do we keep personal information accurate and up to date?
Westbourne is committed to ensuring that the personal information it collects, uses and discloses is relevant, accurate, complete and up-to-date.
We encourage individuals to contact us to update any personal information we hold about them. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless the individual agrees otherwise. We do not charge the individual for correcting the information.
Access to personal information
Subject to the exceptions set out in the applicable data protection legislation, an individual may gain access to the personal information that we hold about them by contacting the Westbourne Privacy Officer. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.
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.
Amendments to our privacy policy
This Policy may be amended from time to time, approved by the Westbourne board and will be published on our website. Please review the website periodically to ensure that you are aware of our current privacy policy.
Management will inform employees and other relevant third parties about the Westbourne Privacy Policy. It is the responsibility of all employees and other relevant parties to ensure that they understand and comply with this Privacy Policy.
Privacy training
All new employees are provided with timely and appropriate access to Westbourne’s Privacy Policy and all employees are provided with opportunities to attend privacy training. Employees must ensure that they understand the privacy related issues that could adversely affect Westbourne and its clients if not properly adhered to.
Non-compliance and disciplinary actions
Privacy breaches must be reported to management by employees and relevant third parties. Ignorance of the Westbourne Privacy Policy will not be an acceptable excuse for non-compliance. Employees or other relevant third parties that do not comply with Westbourne’s Privacy Policy may be subject to disciplinary action.
Incidents and complaints handling
Westbourne has an effective complaints handling process in place to manage privacy risks and issues.
You can make a complaint to Westbourne about the treatment or handling of your personal information by lodging a complaint with the Privacy Officer as set out below. Please refer to the Westbourne complaints handling procedures.
Contractual arrangements with third parties
Westbourne must ensure that all contractual arrangements with third parties adequately address privacy issues. Westbourne will make third parties aware of this Privacy Policy.
Third parties will be required to implement policies in relation to the management of an individual’s personal information in accordance with the applicable data legislation. These policies include:
- 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 Westbourne.
Additional rights under GDPR for individuals within the UK/EU
If you are located within the UK/EU, then you also have the following additional rights under the GDPR. We will comply with all of our obligations under the GDPR in respect of these rights.
Where we process any personal information about you on the basis of any consent given by you, you have the right to withdraw your consent at any time by giving notice to us (which you can do using our contact details below). We will give effect to your withdrawal of consent promptly and will cease any processing that you no longer consent to, unless we have another lawful basis for that processing. The withdrawal of your consent will not affect the lawfulness of any processing that occurred prior to the date that you notified us that you were withdrawing your consent.
You have a right to information portability, which is the right in certain circumstances to request a copy of your personal information in a structured, commonly used and machine-readable format and to transmit this information to another data controller. You may also request that we erase any personal information that we hold about you which is no longer necessary for any of the purposes that we collected it for, which you have withdrawn your consent in respect of or processing which you are allowed under the GDPR to object to. We will comply with such requests unless we are permitted or required by law to retain that information.
You also have the right to object to our processing of personal information in certain circumstances, including where we process personal information based on our legitimate interests. You can also request that we restrict our processing activities in some circumstances. If you make such a request in those circumstances, then we will continue to store your personal information but will not otherwise process your personal information without your consent or as otherwise permitted by law.
Contact us
The Controller of this information for the purposes of the GDPR is Westboune Credit Management (UK) Limited. As our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects on a large scale, we are not required under GDPR to appoint a data protection officer.
If you would like more information about how we handle your personal information or our approach to privacy, or to make a complaint please contact the Privacy Compliance Officer at:
For Australian customers:
- by telephoning: +61 3 9660 6900
- by writing to:
Secretary
Westbourne Credit Management Limited
Level 12, 101 Collins Street
Melbourne VIC 3000, Australia - by emailing: [email protected]
For UK/EU customers:
- by telephoning: +44 203 405 9354
- by writing to:
Westbourne Privacy Officer
Westbourne Credit Management (UK) Limited
25 Green Street
London W1K 7AX
United Kingdom - by emailing: [email protected]
What if I am not satisfied with the response?
If you are not satisfied with the result of your complaint to Westbourne you can also refer your complaint to the Office of the Australian Information Commissioner as set out below:
- by telephoning: 1300 363 992
- by writing to:
Director of Complaints
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001, Australia - by emailing: [email protected]