Privacy Policy
1 Your rights in relation to privacy
Yoda Capital Finance Pty Ltd ACN 663 078 224 (Yoda) understands the importance of protecting the privacy of an individual’s personal information. This statement sets out how Yoda aims to protect the privacy of your personal information, your rights in relation to your personal information managed by Yoda and the way Yoda collects, holds, uses and discloses your personal information.
In handling your personal information, Yoda will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. This policy statement may be updated from time to time.
2 What kinds of personal information does Yoda collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its services, Yoda may collect personal information from clients and potential clients.
Generally, the kinds of personal information Yoda collects are:
- contact and identification information such as your name, address, telephone number, email address and date of birth;
- sensitive information including:
government identifiers (such as your TFN), your nationality, country of birth, professional memberships, family court orders and criminal records
In some circumstances Yoda may also hold other personal information provided by you.
3 How does Yoda collect personal information?
Generally, Yoda collects your personal information directly from you, through the completion of a manual or online application form / identification form, an interaction or exchange in person or by way of telephone, facsimile, email, post, face to face meetings, through financial transactions or through the use of the Yoda website. There may be occasions when Yoda collects your personal information from other sources such as from:
- a publicly maintained record or other publicly available sources of information including social media and similar websites;
- an information service provider
- other people, such as a 3rd party administrator, or independent sources; or
Generally, Yoda will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you if it is otherwise required by law. Should we be provided with unsolicited information, we will only hold this information if we could otherwise have obtained it through normal methods.
4 Why does Yoda need your personal information?
Yoda collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
- Processing an application into the Fund
- Processing receipts and payments and servicing the accounts
- Responding to customer inquiries about applications, account or services
- Understanding customer requirements and offering relevant products
- Meeting legal requirements such as Anti Money Laundering and Counter Terrorism Financing Act 2006
- Allowing 3rd parties to promote their products and services to customers
- Allowing appointed 3rd parties such as custodians and administrators to assist us with functions or activities of the fund
- accounting, billing and other internal administrative purposes;
- identifying and informing you of products and services that may be of interest to you from Yoda or selected third parties;
- and any other legal requirements
- Yoda may also use your personal information for purposes related to the above purposes and for which you would reasonably expect Yoda to do so in the circumstances, or where you have consented or the use is otherwise in accordance with law.
Where personal information is used or disclosed, Yoda takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to Yoda. However, without certain information from you, Yoda may not be able to provide its products and/or services to you.
5 To whom does Yoda disclose your personal information?
Yoda discloses your personal information for the purpose for which Yoda collects it. That is, generally, Yoda will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
- third parties engaged to perform administrative or other business management functions including custodians and administrators;
- Yoda’s professional advisors, contractors, consultants and related bodies corporate;
- regulatory bodies;
Yoda’s disclosures of your personal information to third parties are on a confidential basis or otherwise in accordance with law. Yoda may also disclose your personal information with your consent or if disclosure is required or authorised by law.
6 Overseas disclosure
Yoda may disclose personal information to overseas recipients in order to provide its services and/or products and for administrative or other business management purposes. Recipients of such disclosures are located in Australia and may also be located Overseas. It is impracticable to list all countries in which recipients may be located however, Yoda is likely to disclose personal information to Yoda’s other related bodies corporate.
Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, Yoda takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact Yoda’s Privacy Compliance Officer on the details set out in paragraph 10.
7 Direct marketing
Yoda may use and disclose your personal information in order to inform you of products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt-out by contacting Yoda via the contact details set out in paragraph 10 or through any opt-out mechanism contained in a marketing communication to you.
8 Security of your personal information
Yoda takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. Yoda holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff. Staff are bound by security policies and confidentiality agreements, which are regularly revised and re-issued.
Yoda will destroy or de-identify personal information in circumstances where it is no longer required, unless Yoda is otherwise required or authorised by law to retain the information.
9 Can you access and correct the personal information that Yoda holds about you?
Yoda takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by Yoda. If at any time you would like to access or correct the personal information that Yoda holds about you, or you would like more information on Yoda’s approach to privacy, please contact Yoda’s Privacy Compliance Officer on the details set out in paragraph 10 below. Yoda will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
- you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- Yoda requests that you be reasonably specific about the information you require; and
- Yoda may charge you a reasonable administration fee, which reflects the cost to Yoda, for providing access in accordance with your request.
If Yoda refuses your request to access or correct your personal information, Yoda will provide you with written reasons for the refusal and details of complaint mechanisms.
Yoda will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of Yoda.
Yoda will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
10 How to contact us
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications, please contact Yoda’s Privacy Compliance Officer at info@yodacapital.finance or 1300 443 226.
11 Privacy complaints
Please direct all privacy complaints to Yoda’s Privacy Compliance Officer. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect the commercial arrangements between you and Yoda.
Yoda’s Privacy Compliance Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following the completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.