Privacy Policy
PRIVACY POLICY & COLLECTION STATEMENT
We appreciate the importance of protecting your personal information and recognise the trust placed in us when you supply your personal information to us. The Australian Privacy Principles (APPs), which are contained in schedule 1 of the Privacy Act 1988 (Privacy Act), outline how most Australian and Norfolk Island Government agencies, all private sector and not-for-profit organisations with an annual turnover of more than $3 million, all private health service providers and some small businesses (collectively called ‘APP entities’) must handle, use and manage personal information relating to individuals, whether or not they are clients. Nothing in this policy limits any of our other obligations at law.
1. McMillans Pty Ltd trading as McMillans and McMillans Financial Planning Pty Ltd has created this Privacy Policy and Collection Statement (together referred to as 'this Privacy Policy') in order to demonstrate our commitment to privacy.
2. McMillans is bound by the Privacy Act and the Australian Privacy Principles (APPs).
3. McMillans will update this privacy policy as required. If it is changed, the changes will be posted on McMillans website, so that you are always aware of the sort of information collected, how the information may be used, and under what circumstances it may be disclosed by McMillans.
4. Please note that if at any time McMillans is required by law to release information about you or your organisation, McMillans must cooperate fully.
5. This Privacy Policy does not apply to acts or practices of McMillans that are directly related to employee records of current or former employees.

What sort of information does McMillans collect?

6. McMillans collects personal information about you ('the Information') when you engage the organisation so that we may provide you with financial planning / tax /management accounting / audit services you have requested.
This may include collecting details such as your
  • Tax File Number
  • full name
  • address
  • telephone number
  • date of birth
  • e-mail address
  • occupation
  • marital status
  • financial position and circumstances.
Sensitive Information

7.

Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection. Sensitive information includes health and genetic information and information about racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record and some types of biometric information. 

McMillans’ policy is only to collect sensitive information where it is reasonably necessary for our functions or activities and either:

(a)   the individual has consented; or

(b)   we are required or authorised by or under law (including applicable privacy legislation) to do so

For example, we may collect:

  • information about your health and lifestyle for insurance applications
  • membership details of a professional or trade associaction for income ta return claims

What happens if you do not provide the information?

8. Whilst you are not obliged to provide us with the Information requested, if you decline to do so, we may be unable to provide the level of service and advice required and expected of us.

Why does McMillans collect the information and how is your information used by McMillans?

9. McMillans collects the Information to provide you with a specific service. For example, we may use the Information you provide us to:
(a) Provide accounting and financial planning services both initially and on an on-going basis;
(b) Complete associated documentation and application forms;
(c) Inform you of services that are available, which may be of interest to you.

10. McMillans also uses the Information to send you information (either by email or post) that you request. If at any time you receive material that you did not request or do not want to receive, please contact us.

Who does McMillans disclose personal information to?

11. McMillans will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you unless you consent.

With your consent, it may be necessary for us to disclose your personal information to other professionals and organisations such as:
(a) Government departments e.g. Australian Securities and Investment Commission, Australian Taxation Office, RBL Office and Centrelink;
(b) Financial institutions (including fund managers, life companies, superannuation trustees, share brokers);
(c) External service providers and auditors.

How will McMillans keep your personal information secure?

12. McMillans has security measures designed to protect against the loss, misuse and / or alteration of the Information under its control.

These security measures are:
(a) Clauses in employment agreements requiring confidentiality from staff members;
(b) Secure computer passwords;
(c) Electronic information is protected by firewalls via the internet to restrict external access to information;
(d) Information no longer required is destroyed securely;
(e) Electronic information is backed up and stored in a secure off-site location;
(f) Paper records are stored either securely on-site or archived in a secure off-site location in line with the Australian Taxation Office record keeping time lines.

Correcting and Updating Your Profile

13. You may gain access to Information that McMillans has collected about you, by contacting Cassandra Smyth. We will not charge you for responding to such a request, unless we incur costs in providing the information.
Retention of Personal Data  
14.  All personal data that has been collected from you will only be kept for a limited duration that is relevant to the purpose for which your personal data is to be used and for as long as required by applicable law. 
Complaints

15.

If you have a complaint about how McMillans has collected or handled your personal information, please contact our Privacy Officer.

Our Privacy Officer will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a week. 

Our response will set out whether in the Privacy Officer's view there has been a breach of this Privacy Policy or any applicable privacy legislation; and what action, if any, McMillans will take to rectify the situation.

If you are unhappy with our response, you can refer your complaint to the Office of the Australian Information Commissioner.

Contacting McMillans

If you have any questions about this Privacy Policy, you should contact McMillans

Privacy Officer: Brenda Robertson
Privacy Officer
McMillans
PO Box 828
Traralgon VIC 3844
Telephone: (03) 5174 6699
Fax: (03) 5174 9932
Email: brendar@mcmillans.com.au
DEFINITIONS

Access

Access may include allowing an individual to inspect personal information or giving a copy of it to them

Collection

Collection of personal information includes where we gather, acquire or obtain personal information from any source and by any means. In addition, collection includes when we keep personal information we have come across by accident or have not asked for.

Consent

Clients must understand what they are agreeing to and agree voluntarily. The consent is not valid or acceptable if there is extreme pressure or coercion, for example, where consent is given under threat.
Consent can be express or implied
Express consent is given explicitly: verbally or in writing.
Implied consent: consent may reasonably be understood in the circumstances from the conduct of the person

Disclosure

In general terms McMillans discloses personal information when it releases it to others outside the firm. It does not include giving individuals information about themselves (this is 'access' see above).

Firm

The firm is McMillans Pty Ltd trading as McMillans and McMillans Financial Planning Pty Ltd.

APPs

Abbreviation for Australian Privacy Principles. These are the default rules which organisations and businesses must comply with.

The thirteen Australian Privacy Principles in the Privacy Act set the minimum standards for handling personal information.
The Privacy Act protects personal information about individuals handled by organizations who are subject to the Act, or who elect to be bound by the Act.

Personal Information

This is information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. This includes information or an opinion forming part of a database. The information may or may not be true.

Trading in personal information

Trading in personal information happens where businesses collect or disclose an individual's personal information for a 'benefit, service or advantage' (see below), for example, they buy or sell a list of personal information for income, concessions or some other return. The Act does not prevent trading in personal information but does set principles that need to be followed.
The Privacy Act will not apply where the trading happens with the consent of the individual concerned or is authorised or required by law. Note: In some circumstances, sale of the assets of a business that include personal information will also be trading in personal information.

Benefit, service or advantage

This includes income, financial concessions, subsidies or some other return to the firm. For example, where the firm sells its customer list to a marketing company or gives its own list in return for another list.

Use

In general terms, use of personal information refers to the handling of personal information within the firm including 'the inclusion of information in a publication'.