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Privacy Policy of LINWAR

1.                  Our Commitment
LINWAR Securities Pty Ltd ( LINWAR ) recognises that your privacy is important to you – it is to us as well.
2.                  Introduction
LINWAR has a commitment to privacy in accordance with the Privacy Act 1988 (Cth) ( Privacy Act ). We are bound by the Privacy Act and the National Privacy Principles contained in the Privacy Act. This Privacy Policy is provided to make you aware of how we collect, use and manage your personal information.
3.                  Collection
3.1               As LINWAR offers financial services, we are subject to certain legislative and regulatory requirements, which necessitate us obtaining and holding detailed information that personally identifies you, and/or contains information or an opinion about you (Personal Information). In addition, our ability to provide you with a comprehensive financial service is dependent on us obtaining certain Personal Information about you.
3.2               We are required pursuant to the Corporations Act to collect sufficient information to ensure appropriate advice can be given in respect of recommendations made to our clients. If you elect not to provide us with the Personal Information referred to above, the appropriateness or adequacy of advice given to you may expose you to higher risks in respect of the recommendations made.
3.3               We will only collect, maintain and use Personal Information about you if it is necessary for us to adequately provide to you the services you have requested.
3.4               Generally, collection of your Personal Information will be directly from you and effected in either face to face interviews, over the telephone or by way of electronic communication. From time to time we may be required to collect Personal Information about you from a third party. This policy also applies to those circumstances.
3.5               We are also required pursuant to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act), to collect Personal Information to provide us with a sufficient degree of certainty regarding your identity. We will only collect, maintain and use such Personal Information if, and to the extent that, it is necessary, and in the context of the business activity or transaction between yourself and LINWAR.
4.                  Accuracy and Completeness
4.1               While we will endeavour to ensure that the Personal Information collected from you is up to date and complete, we will assume that any Personal Information provided by you is free from errors and commissions, is not misleading or deceptive and complies with all relevant laws.
4.2               We rely on the Personal Information provided by you. We will not check or verify the accuracy of any Personal Information we obtain from you or other persons.
4.3               You should provide us with details of any changes to your Personal Information as soon as reasonably practicable following such change.
5.                  Use and Disclosure
5.1               We are required under the Corporations Act to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission.
5.2               We are subject to record keeping obligations and reporting obligations to AUSTRAC under the AML/CTF Act. You acknowledge and agree that we may retain, supply or procure the supply of any Personal Information, documentation and other evidence, without notice to you, to enable us to comply with our obligations under the AML/CTF Act.
5.3               Your Personal Information may be made available to, or used by any of LINWAR's associated entities, or any entity carrying out functions on behalf of LINWAR, for the purposes of providing the services detailed in clause 3 "Collection".
5.4               For the purposes of providing financial services to you, we may need to disclose your Personal Information to transaction agents including ETRADE Australia Securities Limited. These entities may be based in another country. By providing your Personal Information to LINWAR you consent to such disclosure.
5.5               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 disclosure will be made in confidence and it will be a condition of that disclosure that no Personal Information will be used or disclosed by them. In the event that a sale of our business is effected, we may transfer your Personal Information to the purchaser of the business. As a client you will be advised of any such transfer.
6.                  Storage and Security
6.1               We will at all times seek to ensure that the Personal Information collected and held by us is protected from misuse, loss, unauthorised access, modification or disclosure. At all times your Personal Information is treated as confidential and any sensitive information is treated as highly confidential.
6.2               LINWAR's security measures include:
(a)                all computer based Personal Information is protected from unauthorised access through the use of secure passwords and user log-ons for each computer;
(b)                data is backed up daily and stored offsite;
(c)                firewalls to prevent the hacking of our database;
(d)                clauses in employment contracts requiring confidentiality; and
(e)                appropriate security access to LINWAR's premises.
6.3               In the event you cease to be a client of LINWAR, any Personal Information which we hold about you will be maintained in a secure offsite storage facility for a period of seven years in order to comply with legislative and professional requirements, following which time the information will be destroyed. LINWAR will ensure that any documents that are destroyed are done so in a secure manner by secure shredding or other form of destruction that may be performed by a contractor external to LINWAR.
7.                  Access and Correction
7.1               You may at any time contact us to request access to your Personal Information. We will (subject to the following exceptions) provide you with access to that information by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with an accurate summary of the information held. We will, prior to providing access in accordance with this policy, require you to provide evidence of your identity.
7.2               We will not provide you with access to your Personal Information if:
(a)                providing access would pose a serious threat to life or health of a person;
(b)                providing access would have an unreasonable impact on the privacy of others;
(c)                the request for access is frivolous or vexatious;
(d)                the information related to an existing or anticipated legal proceedings between us and would not be discoverable in those proceedings;
(e)                providing access would reveal our intentions in relations to negotiations with you in such a way as to prejudice those negotiations;
(f)                  providing access would be unlawful;
(g)                denying access is required or authorised by or under law; or
(h)                providing access would be likely to prejudice certain operations by or on behalf of an enforcement body or an enforcement body requests that access not be provided on the grounds of national security.
7.3               In the event we refuse you access to your Personal Information, we will provide you with an explanation for that refusal.
7.4               We will endeavour to ensure that, at all times, the Personal Information about you that we hold is up to date and accurate.  In the event that you become aware, or believe, that any Personal Information which we hold about you is inaccurate, incomplete or outdated, please inform us.  You will be required to provide evidence of the proposed corrections and we will take all reasonable steps to update the information if we agree that the information requires correction.
7.5               We will endeavour to respond to any request for access within 14-30 days depending on the complexity of the information and/or the request. If your request is urgent, please indicate this clearly.
7.6               You will not be charged a fee for making a request to access your Personal Information. However, if at the time of making the request you are no longer a client of LINWAR, and LINWAR incurs any costs in providing you will access to your Personal Information (such as fees to retrieve information from off site storage) we may pass those costs on to you at our discretion.
8.                  Complaints Resolution
8.1               If you wish to complain about any breach or potential breach of this Privacy Policy or the National Privacy Principles, you should contact us and request that your complaint be directed to the Complaints Officer. Your complaint will be considered within 7 days and responded to.  The Complaints Officer will endeavour to deal with your complaint as soon as is practicable.
8.2               It is our intention to use our best endeavours to resolve any complaint to your satisfaction, however, if you are unhappy with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.
8.3               This Privacy Policy may change from time to time, so please refer to it regularly. Any information collected after an amended privacy policy has been posted on the site will be subject to that amended privacy policy.
9.                  Our Website
9.1               The LINWAR website (www.linwar.com.au) may contain links to other websites whose operator may or may not adhere to a privacy policy or be governed by the National Privacy Principles.
9.2               Clients who request access to the LINWAR website are provided with a user name and password which must not be disclosed to third parties. LINWAR monitors website users down to the log in username level.
9.3               A copy of this policy is available on the LINWAR website. Alternatively, hard copies are available at our Sydney office listed below.
10.               Contact Us
If you seek any further information from us about our Privacy Policy, please contact our Chief Operating Officer, Christopher Harris, on +61 (0)2 9025 5800.
11.               Additional Privacy Information
Further information on privacy in Australia may be obtained by visiting the website of the Office of the Federal Privacy Commissioner at www.privacy.gov.au.


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