Privacy Policy

Our commitment

At the FPA we recognise that your privacy is very important to you – it is to the FPA as well. We handle personal information provided by and about people every day. By personal information we mean information or an opinion about a person whose identity is apparent or can reasonably be ascertained.

The aim of the FPA is both to support and to ensure that it complies with the Privacy Act 1988 (Cth) (Privacy Act). The FPA also seeks to comply with the Spam Act that is aimed at reducing the number of unsolicited electronic commercial messages that you receive.

The information set out below is largely a summary of our obligations under the Privacy Act, in particular the relevant privacy principles.

We believe that this Statement will address any potential concerns you may have about how personal information you provide the FPA is collected, held, used, corrected, disclosed and transferred. You can obtain more information on request about the way we manage the personal information we hold. If you seek any further information please contact us in one of the ways set out below.

 

Collection

In the course of our activities we collect and hold personal information such as details of FPA members, students, meeting/conference attendees and course providers. Personal information may also be collected when individuals provide personal information intended for publication on the FPA website. Our main purposes for collecting that personal information include to assess the suitability of applicants for membership of the FPA and to update our records, to facilitate the enrolment in or assessment of courses of study, to disseminate by electronic means or otherwise topical information and details of events of interest (including conferences and educational services), to regulate the activities of members, to investigate complaints made against members for alleged breaches of professional standards, to facilitate the provision of a referral service to interested members of the public and to publish articles, blogs and other information received for our online services. We will only collect personal information from you that is necessary for one or more of our functions and activities.

We will only collect personal information from you by lawful and fair means, without being unreasonably intrusive, such as when you complete a membership application or update form, enrolment form, registration form (for in person or online services) or questionnaire etc. At or before the time we collect personal information from you we will take reasonable steps to inform you why we are collecting that personal information, who else we might disclose that personal information to and what will happen if you do not provide personal information to us.

Where reasonable and practicable, we will only collect personal information about you, from you.

Wherever it is lawful and practicable, we will give you the option of not identifying yourself or not providing personal information when entering transactions with us. However, failure to provide full and complete information we request may mean that we are unable to provide services to you fully and properly.

Once we hold personal information we will take reasonable steps to keep it accurate, complete and up-to-date.

If you provide personal information to use about someone else, you must ensure that you are entitled to disclose that information to us and that, without us taking any further steps required by privacy laws, we may collect, use and disclose such information for the purposes described in this Statement.

 

Use and disclosure

We will only use your personal information for the main purpose we told you it was needed for, except where you consent to us using that personal information for another purpose, where the other purpose is related to the main purpose and you would reasonably expect us to use the personal information for that other purpose, or where it is permitted or required by law, or we reasonably believe it is necessary on health or public safety grounds to use the personal information for another purpose.

Where possible (for example, where not otherwise required by law or regulatory standards), prior to the online publication of personal information we will ensure the de-identification of personal information is undertaken. This enables the value and utility of information published and provided on online resources to be maximised.

The FPA will de-identify personal information by removing or modifying identifying features such as name, address, or date of birth, remove or modify quasi-identifiers such as general, profession or income and /or by suppressing or modifying data with broader categorisations.

In order to fulfil the purposes set out above we may provide access to your personal information to third parties with whom we have a business relationship, for example those who maintain and update our database, who assist with mail-outs, who arrange, participate in and sponsor conferences and who deliver educational and other services. Where you make a complaint against a member of the FPA for alleged breaches of professional standards, we may also disclose your personal information to the member to facilitate the investigation of the complaint. You accept that not all recipients of your information may have privacy policies equivalent to the FPA’s and you consent to the disclosure of your personal information for those purposes.

There are some circumstances where by law we are required to disclose your personal information, including to Courts, Tribunals or law enforcement agencies.

In relation to direct marketing, where practicable we will seek your consent before we use your personal information for this purpose. You may tell us at any time you do not wish to receive any further direct marketing materials – if you do, we will stop sending you such materials.

In accordance with the Spam Act, should you wish to unsubscribe from commercial electronic messages from the FPA, all future commercial electronic messages from the FPA will enable you to unsubscribe from that particular type of electronic message from the FPA and this can be done at any time. If you do not unsubscribe, the FPA will continue to send you relevant information of the types described above. The FPA may also use messaging methods other than email.

 

Access and correction

If you ask, we will tell you what personal information we hold about you, and what we do with it. We will facilitate access to you by allowing an inspection of your personal information in person, or by providing copies or a summary of relevant documents, depending on what is most appropriate in the circumstances, following receipt of your request. Any charge we make for providing access will be reasonable.

If you can show us that the personal information is inaccurate, we will take reasonable steps to correct it. Note that we need not provide access to personal information in several types of situation, for example where a request is frivolous, or where to provide access would pose a threat to health or public safety, unreasonably interfere with another person’s privacy, or be a breach of the law. If we refuse access we will advise you of our reasons for doing so.

 

Security

We will protect personal information from misuse and loss, and destroy or permanently de-identify personal information we no longer need.

 

Online Publications

This part specifically relates to articles, blogs and any other information published online by the FPA and/or FPA Members. The FPA, Members and Individuals (including you) must adhere to this Statement, the FPA online Terms and Conditions and any other relevant policy, statement or document, when making use of online publications and resources. Where possible, the FPA will make use of pseudonyms when publishing articles, blogs and any other online material.

 

Cookies

When you visit our website, details may be recorded about your visit, such as time and date, your server address, pages accessed, time spent and type of browser. This information is used in an anonymous form for statistical purposes and as such cannot identify you individually.

We may use cookies to identify your browser so that next time you visit our website we remember your log in details. A cookie is a small file which remains on your computer and contains information enabling our website to recognise your browser. If you do not wish to use cookies, you can adjust the settings on your browser to reject cookies or notify you when they are being used.

 

Identifiers

We will not adopt as our own any identifiers that you may provide to us such as TFNs, Medicare numbers etc.

 

Third party websites

Our website contains a number of links to other websites, including the websites of our commercial partners. When this occurs be sure to check the privacy policy of those websites as we are not responsible for privacy practices of those other parties.

Overseas disclosure of Personal Information

We will not disclose personal information to an overseas recipient until we have taken all reasonable steps to ensure that the overseas recipient does not breach the relevant privacy principles under the Privacy Act in relation to that information.

 

Complaints resolution

We are committed to providing members, and other parties whose personal information we hold, a fair and responsible system for the handling of their complaints.

If at any time you have any complaints in relation to privacy, please contact our Privacy Officer at one of the points referred to below. We will seek to address any concerns that you have through our complaints handling processes, but if you wish to take matters further you may refer your concerns to the Office of the Federal Privacy Commissioner.

 

Changes to this Statement

We are constantly reviewing our statements and policies in an attempt to keep up to date with market expectations and legal developments. Subsequently, we may change this Statement from time to time as the need arises.

 

Contact us

If you seek any further information from the FPA about this Statement or our privacy policy generally please contact our Privacy Officer at one of the reference points below:

 

[email protected]

 

Level 4, 75 Castlereagh Street, Sydney NSW 2000 or GPO Box 4285, Sydney NSW 2001

 

Telephone: 02 9220 4500 or 1300 337 301; Facsimile: 02 9220 4580.

 

Further information on privacy in Australia may be obtained by visiting the web site of the Office of the Federal Privacy Commissioner at www.privacy.gov.au

Updated 30 January 2014


Terms & Conditions

By accessing or using this Site you agree to be bound by these terms and conditions.

1. Definitions

Consumer means individuals using the Site
Expert means an FPA Member who has been appointed by the FPA to sit on the FPA “Ask an Expert” panel
FPA means Financial Planning Association of Australia
Member means a current, financial Member of the FPA
Site means www.fpa.com.au and any other related link
Terms means these Terms and Conditions

2. Intellectual property

The FPA, or the relevant owner, retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site.

You may not use the Site, or the information and material contained on it for any purpose, without the prior written consent of the FPA. This involves:

  1. The reproduction or copying of the information or material in any form;
  2. The distribution of the information or material in any form;
  3. The re-transmission of the information or material by any means of communication;
  4. Downloading of the information or material; or
  5. Uploading or reposting the information or material to any other website on the World Wide Web.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Conditions, the Ask an Expert Terms of Use and the FPA Privacy Policy.

Notwithstanding the above restrictions on the use of information and material on the Site, you may download information and material from the Site for your own personal, non-commercial use, provided you do not remove any copyright and trademark notices contained in the information or material.

3. Hyperlinks and Links to other Websites

The Site may include links to other websites on the World Wide Web that are not operated, controlled and/or monitored by the FPA. These websites are owned and operated by third parties.

The FPA is not responsible for the accuracy or content of third party web sites. In creating links to any other web site, the FPA is not recommending that web site or giving any assurances as to its standing. The inclusion of a link to another website does not imply any endorsement by the FPA of the website.

The use of such links is entirely at the Consumer’s own risk and the FPA accepts no responsibility or liability for the content, use or availability of such web sites. Without the prior written consent of the FPA, links to FPA sites are not permitted.

4. Privacy Policy

The Terms and Conditions must be read and adhered to in conjunction with the FPA Privacy Policy. Consumers are bound by both the Terms and the Privacy Policy.

5. Liability

Although the FPA attempts to provide accurate, complete and up-to-date information, the FPA makes no warranties or representations, express or implied, as to whether information provided on or via this Site is accurate, complete or up-to-date. The FPA does not represent or warrant that this Site functions without error or interruption.

As far as is permitted by law, the FPA excludes all liability to third parties arising directly or indirectly out of their use of or reliance on information contained in this Site.

6. Applicable law

The Site and these Terms will be governed by and construed in accordance with the law of New South Wales, Australia.

You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms.

If any part of these Terms is found to be void, unlawful or unenforceable, then that part will be deemed severable from the remainder of the Terms.

7. Information or Material published on the Site

Any information or material published on the Site, including questions, answers and blogs submitted by FPA Members, consumers or the public is subject to review by the FPA.

The FPA may publish any information or material, received by Members, Consumers and the public, at any time. This information or material will be posted or published in accordance with the Privacy Policy. Accordingly, the FPA takes no responsibility for the accuracy of such information and material and does not endorse it.

The FPA may remove any information or material published or posted on the Site, at any time without providing notice, or an explanation for this removal.

8. Find a Planner

The FPA offers the Find a Planner referral service (“Find A Planner”) for the benefit of Consumers, the public and Members.

The purpose of the Find A Planner is to assist the public to locate Members in their area so they can obtain financial planning advice.

By using the Find A Planner, you agree that:

  1. you will abide by these Terms;
  2. you will use the information obtained from Find A Planner solely for the purpose of seeking financial planning services from Members;
  3. you will not use the information obtained from Find A Planner:

    (i) for marketing, selling or advertising;
    (ii) to harass, intimidate or bully Members; or
    (iii) in any other way that is contrary to the purpose of Find A Planner;
     
  4. you use Find A Planner at your own risk.

FPA takes no responsibility for and make no representations as to the:

  1. suitability of the Member to meet your particular financial planning needs;
  2. level of training or suitability of the Members for the services they may be required to perform;

You should always make your own enquiries as to the suitability of the Member to carry out the nature and scope of the work which you seek to be undertaken.

FPA takes no responsibility for the accuracy of information or advice provided by, to or on behalf of Members.

FPA does not accept responsibility for any form of loss or liability incurred by you arising directly or indirectly or in connection with any referral, irrespective of whether the loss or liability is the result of any negligence or other default on the part of FPA.

FPA does not guarantee the existence, currency or adequacy of appropriate professional indemnity insurance of its Members.

9. Terms of Use for Consumers – Ask an Expert

Consumers and the public using the Ask an Expert service agree to and are bound by, these Terms, the FPA Privacy Policy as well as the following terms of use (Terms of Use). If you do not agree to these Terms of Use, you should not use this web based service.

  1. The Expert does not act on behalf of the FPA. The opinions expressed and the information provided by the Expert are not those of the FPA.
  2. The Expert is responsible for any financial product advice provided and for satisfying any related regulatory requirements.
  3. The FPA exercises no control over, does not endorse and takes no responsibility for any financial product advice provided.
  4. The FPA is not responsible in any way for any injury, loss or damage which occurs as a result of an opinion expressed or information provided by the expert or as a result of the use of this website.
  5. A de-identified (name, location and other identifying information changed) version of the Question and Answer may appear on our website as a form of information and education for other Consumers.
  6. The FPA reserves the right to edit the information before publishing and will not forward for answer by Members any incomplete questions.
  7. Any information, while sanitised and de-identified, may be published. However the FPA takes no responsibility for the publication of incorrect, incomplete or misleading information.

10. Terms of Use for Members – Ask an Expert & Consumer Blog

Members acting on the Ask an Expert Panel or submitting information or material on the Consumer Blog are bound by and act in accordance with the Privacy Policy, the Terms as well as the following Terms of Use:

  1. You have obtained the relevant authorisation or consent from the FPA that you may publish articles for the FPA Consumer Blog or Ask an Expert panel.
  2. You warrant and represent in relation to any information or material provided for publication that you are authorised to provide the relevant material or information and that the information or material is not defamatory or malicious to any person, corporation, service or product.
  3. The information or material does not infringe any intellectual property right.
  4. The information or material does not infringe any applicable legislation or regulations.