Privacy Policy

Current as at 1 February 2011

This Privacy Policy applies to Colonial First State Investments Limited ("CFSIL"). The terms "we", "us", "our" or "CFSIL"  mean BWA Managed Investments (BWAMI). BWAMI is the administrator for the BWA Cash Management Trust. 

We are bound by the National Privacy Principles of the Privacy Act, 1988 and are committed to safeguarding personal information we may hold at any time in respect of any individual, in accordance with the requirements of those Principles. "Personal information" for the purposes of this Policy is information about and which identifies individuals. It includes information obtained from the individual or about an individual obtained from a third party.

In general, we will not use or disclose personal information collected about you otherwise than for a purpose set out in the Privacy Policy, a purpose you would reasonably expect, a purpose required or permitted by law, or a purpose otherwise disclosed to, or authorised by, you.

We may, in connection with particular services we offer or provide to you, make other privacy disclosures to you or seek your authority to use your personal information in ways which are different from or more specific than those stated in this Privacy Policy. In the event of any inconsistency between the provisions of this Privacy Policy and those other disclosures, the other disclosures will prevail.

How is your personal information dealt with?

By completing the application form you agree to us collecting, holding and using personal information, including sensitive information (such as information about health status or membership of a professional or trade association), about you to assess and process your application, to establish, provide and administer your CMT account and to provide the Access Facilities and to execute your instructions.

If you provide us with personal information about another person (ie an individual - for example, a referee, a director, or a person to whom a payment is to be directed) you warrant that you do so only with authorisation from that person and that you will inform that person who we are and that we will disclose that personal information for the relevant purposes set out below. That person can gain access to the information we hold about them via the methods below.

Additionally, the purposes for which we will generally collect and use your personal information will include:

• complying with legislative and regulatory requirements including requirements under the Corporations Act and the Anti-Money Laundering and Counter-Terrorism Financing Act;
• considering any other application you may make to us;
• performing our administrative operations, including accounting, risk management, record keeping, archiving, systems development and testing, and staff training;
• managing our rights and obligations in relation to external payment systems;
• conducting market or customer satisfaction research;
• developing, establishing and administering alliances and other arrangements with other organisations in relation to the promotion, administration and use of our respective products and services;
• developing and identifying products and services that may interest you;
• arranging for the provision to you of financial products available from other organisations, and;
• (unless you ask us not to) telling you about products and services.

We are required by law to collect certain information to verify your identity and address. Otherwise, the collection of information about you is not required by law, but without it, we may not be able to open your CMT account or provide you with the Access Facilities for which application is made.

We may disclose your personal information to the following, as appropriate (even if the disclosure is to an organisation overseas which is not subject to the privacy obligations which are equivalent to those which apply to us):

• our agents (including Bankwest), contractors, external advisers and external identification verification agencies whom we engage from time to time to carry out, or advise on, our functions and activities;
• your agents and contractors, including your accountant, current financial planner, finance broker and legal adviser;
• investment providers, fund managers, superannuation fund administrators and stockbrokers;
• your executor, administrator, trustee, guardian or attorney;
• regulatory bodies, government agencies, law enforcement bodies and courts;
• debt collecting agencies;
• any person or organisation who introduces you to us;
• other organisations with whom we have alliances or arrangements for the purpose of promoting our respective products and services (and any agents used by us and our business partners in administering such an arrangement or alliance);
• external payment systems operators; 
• any person to the extent necessary, in our view, in order to carry out any instruction you give to us, and;
• (unless you tell us not to) other organisations (including our related bodies corporate) and their agents for the marketing of their products and services.

We may also disclose your personal information:

• if you consent;
• if, acting in good faith, we believe that the law requires or permits us to do so, and;
• to any party proposing to acquire an interest in our business.

You may, at any time, ask us not to contact you about our products and services and not to disclose your information to any other organisations (including related bodies corporate) for that purpose. You may do this by contacting us on 1300 663 117.

By completing the application form you agree to us collecting, holding and using personal information about you to process your application, administer and manage the products and services we provide to you. This includes monitoring, auditing and evaluating those products and services, modelling data, data testing, communicating with you and dealing with any complaints or enquiries.

Where you provide us with an electronic (email) address, you consent to us sending commercial electronic messages to your email addresses including messages about our products and services and the products and services of any third party. You warrant that you have authority either as or on behalf of the relevant electronic account holder to provide that consent. Unless you provide us with written notice or use an unsubscribe facility included with a commercial electronic message to withdraw your consent, we may continue to send commercial electronic messages to you.

If you do not provide us with the information requested or provide us with incomplete information, we may not be able to process your application for a CMT account.

Your access to your personal information

If at any time you wish to know what personal information we are holding about you, you are welcome to apply for your details by telephoning our office on 1300 663 117.

Under certain circumstances, we may not be able to tell you what personal information we hold about you. This includes where:

• it would have an unreasonable impact on the privacy of other individuals;
• the information relates to legal proceedings with you;
• the information would reveal our commercially sensitive decision-making process; or
• we are prevented by law from disclosing the information, or providing access would prejudice certain investigations.

We may charge a fee for accessing your personal information.

We will take reasonable steps to ensure that your personal information is accurate, complete and up-to-date. If at any time you believe that personal information that we hold about you is inaccurate, incomplete or out of date, please advise us by telephoning our office on 1300 663 117 and we will take all reasonable steps to correct the information.

Security of your personal information

We maintain strict procedures and standards and take all reasonable care to prevent unauthorised access to, and modification and disclosure of, your personal information. We will take all reasonable steps to protect your personal information from misuse and loss.

We also protect the security of your personal information when transmitted over the internet. We use a Secure Socket Layer (SSL) to transfer personal information between you and our web servers, and DSS encryption when we transfer data to third parties. However no data transmission over the internet can be guaranteed as fully secure and accordingly, we cannot guarantee or warrant the security of any information you send to us using our on-line forms or products. You submit information over the internet at your own risk.

If we no longer need your information, we will destroy or de-identify it.

Direct marketing

We adhere to the Direct Marketing Code of Conduct produced by ADMA.

We will use your personal details, including any electronic addresses you provide to us, to provide you with information and tell you about product and services, including third party products and services which we consider may be of interest to you. We also provide you details to other organisations (including our related companies) but only for specific marketing purposes.

If at any time you do not wish to receive further marketing information, you have the option to ask us not to send you any further information about products and services and not to disclose your information to other organisations for that purpose. You may do this by telephoning our office on 1300 663 117, or in the case of email marketing material, you may use an unsubscribe facility included with a commercial electronic message to withdraw your consent.

Government identifiers

We do not use your tax file number, Medicare number, pension number or any other government identifier as your account, policy or application number. We will only use and disclose these numbers for the purposes required by law.

Complaints about breaches of privacy

If you believe that the privacy of your personal information has been compromised or is not being adequately protected, you should contact us by telephoning our office on 1300 663 117. We will make every effort to resolve your complaint internally.

If we do not resolve your complaint to your satisfaction, you may apply to the Federal Privacy Commissioner to have your complaint investigated. For more information about how you may lodge a complaint with the Federal Privacy Commissioner, please contact the Commissioner's hotline service on 1300 663 117.

Changes to this Privacy Policy

This statement sets out our current Privacy Policy. Please note that this Privacy Policy may change from time to time. Our current Privacy Policy is available from our office. For a current copy please call 1300 663 117.

We encourage you to periodically review our Privacy Policy for any changes.

Our Internet Website

This Privacy Policy applies to any website operated by us under the domain name www.bwami.com.au, and to the following domain names:

• secureforms.bankwest.com.au;
• bob.bankwest.com.au;
• bwamanagedinvestments.com.au;
• advisor.bwami.com.au; and
• advisor.bwamanagedinvestments.com.au.

When you use a link from the our website to the websites of third parties, those websites are not subject to our privacy standards. Those third parties are responsible for informing you of their own privacy policies.

If personal information about you is collected by third parties on any websites you have accessed through our website, we may also collect or have access to that information as part of our arrangement with those third parties.

Contacting Us

If you have any questions regarding this Privacy Policy or would like more information about the way we manage your personal information, telephone our office on 1300 663 117.