Nikko AM Australia Privacy Policy

The collection of personal information about individuals by organisations is governed by the Privacy Act 1988 ('the Privacy Act') which contains a national scheme for the collection, use, correction, disclosure and transfer of personal information by organisations in the private sector.

We are committed to ensuring that your personal information is protected. As part of our commitment to ensuring the safety of our client's private and confidential information and as a mechanism to ensure our compliance with the Privacy Act, we have established and implemented a Privacy Policy ('the Policy'). This Policy also complies with the Australian Privacy Principles established under the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

About Us

Nikko Asset Management Australia’s mission is to assist our clients in building their wealth. We believe that an active approach to asset management adds value for investors based on their investment objectives on a risk-adjusted basis over time.

Established in 1989 under the Tyndall AM name, Nikko Asset Management Australia Limited (Nikko AM Australia) is owned by Tokyo-based Nikko Asset Management Co., Ltd., Asia’s premier global asset manager. Established in 1959, Nikko Asset Management has offices across 11 countries and enjoys one of the largest distributor networks in the Asian region, serving both retail and institutional clients.

What does our Privacy Policy do?

Our Privacy Policy is designed to provide you with general information about how Nikko AM Australia collects, stores, uses and discloses your personal information.

What is "personal information"?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  1. whether the information or opinion is true or not; and
  2. whether the information or opinion is recorded in a material form or not.

What type of personal information do we ask you for?

You can expect to be asked for the following types of personal information:

  • your name, address and contact details (including phone numbers and email address/es);
  • date of birth;
  • Place of birth, nationality or citizenship;
  • information about your use of our product or service.

As we provide a range of wealth products and services, depending on the product or service you choose, you can also expect to be asked for some of the following types of personal information:

  • tax file number, taxpayer identification number or your finances;
  • your bank account details;
  • details of other people (your agents) who we can contact, or who can contact us about your investments.

The specific type of personal information which we will collect will depend on the type of product or service you choose from us. The details of exactly what personal information we need will be found on:

  • the written application forms we ask you to complete;
  • the questions we may ask you on the telephone; or
  • our web site via the internet.

We are also required by Australian laws to collect information from you to confirm your identification. For example, this may be via collecting and storing copies of your Driver’s Licence or Permit, Passport, utility bills and other government issued papers

We will not collect any personal information about you except where you have knowingly provided that information to us or we believe you have authorised a third party to provide that information to us.

Our website also uses Cookies. Cookies are very small text files that are stored on your computer when you visit some websites. These Cookies are not used to personally identify an individual, but a computer or device.

We use cookies to help identify your computer or device, both on our website and also on websites of other third parties. This will allow us (including our third party advertising agencies) to profile visitors to our website for the purpose of targeted advertising on these other websites.

You can disable and delete any cookies stored on your computer.

How do we store your personal information?

We store your personal information in a variety of ways. These may include:

  • in computer systems or databases;
  • in hard copy or paper files; and
  • in telephone recordings.

In addition, we may engage third party service providers to provide services to us relating to your investment, such as custodial, registry, mail houses and administration services. These providers will also store as much of your personal information as necessary in order for them to provide their service to you and/or us.

For what purposes do we need your personal information?

The collection of your personal information is essential to enable us to conduct our business of offering and providing our range of financial products and services.

We generally collect your personal information for the purposes of:

  • identifying you when you are doing business with us;
  • protecting your personal information from unauthorised access;
  • establishing your requirements and providing you with the appropriate product or service;
  • setting up, administering and managing our products and services;
  • providing reports to you on our products or service;
  • understanding your needs and improving our financial products and services via research, surveys and questionnaires.

We are required to collect your personal information to satisfy our legal obligations, even when you may not be sure why it is relevant. Wherever there is a legal requirement for us to ask for information about you, we will inform you to let you know of the obligation and the consequences of not giving us the requested information. Examples include under the Anti-Money Laundering and Counter Terrorism Financing Act (Cth) and the Corporations Act (Cth) in Australia or overseas legislation such as the US Foreign Account Tax Compliance Act or similar legislation currently being developed to facilitate the automatic exchange of information with other Governments around the world.

How do we collect your personal information?

Where it is reasonable and practical, we collect your personal information directly from you.

You give us your personal information in a number of ways such as:

- completing an application form

requesting a product or service by way of a telephone interaction or over the Internet.

We may also collect personal information at other times during the course of our relationship with you, for example when you advise us of a change in contact details.

We may not be able to always collect your personal information from you directly. Sometimes we collect your personal information from other sources. Examples of where we may receive personal information about you from another source and why this may happen are:

  • your agent, where you have appointed an agent to act on your behalf in dealing with us, such as a broker, legal adviser or other representative such as a friend or family member;
  • publicly available sources of information such as telephone directories;
  • government agencies including the Australian Securities and Investments Commission, the Department of Foreign Affairs and Trade, Australian Federal Police and the Australian Transaction Reports and Analysis Centre;
  • where required or authorised under our relationships with our joint venture companies;
  • market research organisations for the purpose of product development, customer research or marketing.

What if we receive unsolicited personal information about you?

If for any reason we were to receive unsolicited personal information about you, steps will be made to either destroy or de-identify this information in accordance with Australian Privacy Principle 4.

Are there any additional requirements we comply with when we contact you or need to obtain consent?

There are a number of other legislative regimes that influence how we deal with your personal information and other information that we collect from you.

If we send you electronic commercial messages via e-mail or SMS, we may infer your consent to being contacted in this manner, where you e-mail or SMS us your electronic address and you require or ask for a response using that same medium, or, when you raise no objection to our advised, intended communication with you in this manner. This type of communication is covered under the spam and unsolicited electronic messages legislative regime in Australia.

In Australia, if we telephone you, we may have to comply with anti-hawking requirements under the Corporations Act 2001 (Cth) and the Do Not Call Register Act 2006 (Cth). However, although you may have placed your telephone number on the Do Not Call Register and are an existing customer of Nikko AM Australia, you will still need to contact us directly and advise us if you do not wish to receive direct marketing contact from us.

How do we use and disclose your personal information that we have collected?

We use and disclose your personal information for the purposes for which we collected it.

In line with Australian Privacy Principle 6, we may also use and disclose your personal information for a secondary purpose related to the purpose for which we collected it, where you would reasonably expect us to use or disclose your personal information for that secondary purpose. In the case of sensitive information, any secondary purpose, use or disclosure will be directly related to the purpose of collection.

We may also use and disclose your personal information to another party in other circumstances in compliance with the privacy regimes in Australia including where:

  • you have given express or inferred consent or authorised us to do so;
  • we are required or authorised by law to disclose your personal information, for example, to a court in response to a subpoena or to the Australian Taxation Office, to AUSTRAC as part of our reporting requirements or a direction.
  • we suspect unlawful activity or misconduct is or may be engaged in and such collection or disclosure is necessary in order for us to take appropriate action;
  • to assist in locating a person reported as missing where such disclosure is permitted by the Australian Information Commissioner;
  • the use or disclosure is necessary for the establishment, exercise or defence of a legal or equitable claim;
  • necessary for the purposes of a confidential alternative dispute resolution process

Do we use and disclose your personal information for research and product development and enhancement purposes?

Nikko AM Australia is interested in knowing what sorts of products and services will best meet the needs of our customers. To do this, we need to engage in research and development processes.

This may mean conducting research tasks such as market research or it may mean developing specific customer propositions for our customers by looking at the products you already have purchased from Nikko AM Australia.

Where possible and practicable, we will use aggregated or de-identify information to conduct our research and product development. However, sometimes we may need to use personal information to understand how we can improve our products and enhance your experience with us.

We may perform these research tasks in-house, or we may outsource the activity to a third party. If we do outsource to a third party we will ensure they comply with the Australian privacy regimes.

Nikko AM Australia and its outsourced service providers may also use recordings of telephone conversations with you for training purposes or to verify discussions and information.

Do we use and disclose your personal information for marketing purposes?

  • We would like to use and disclose your personal information to keep you up to date with the range of products and services available from Nikko AM Australia. We are able to use your personal information for direct marketing purposes if we have received the information from you;
  • if you reasonably expect your information would be used in this way;
  • if we have provided you with an opt out option; or
  • you have not requested us to cease providing marketing material to you.

Nikko AM Australia will only use and disclose your personal information for the purposes we have told you in this Privacy Policy and our Privacy Statements and in compliance with Australian legislation.

How do you tell us you do not want us to use and disclose your personal information for marketing purposes?

If you do not want us to use and disclose your personal information for the purpose of marketing products and services to you, you should contact us and tell us.

You can tell us by:

  • calling the number provided to you in the information and product documentation you received when you selected your product or service from us;
  • emailing the business via their email address available in your product documentation or via our internet site; or
  • visiting one of our places of business;

If you have told us you no longer wish to receive information about a Nikko AM Australia product and/or service, we will not contact you about any other products or services that Nikko AM Australia offers. You can, however, change your mind about receiving information about our products and services at any time - just let us know.

You should be aware that often the law requires us to provide you with certain information about the product or service you have chosen to receive from us. You will continue to receive this type of information from us even if you have decided not to receive information about our products and services generally.

Who do we usually disclose your personal information to and receive personal information from?

The parties to whom we may disclose your personal information to and receive personal information from will depend on what product or service you receive from us. Some examples of the parties to whom we may disclose your personal information to and receive personal information from are

  • other companies within the Nikko AM Group;
  • registry, administration and custody providers relevant to our business and products;
  • intermediaries including your agent, adviser, a broker, a representative acting on your behalf, other Australian Financial Services Licensee or our authorised representatives and our agents;
  • accounting or finance specialists;
  • customer research organisations;
  • trustees associated with superannuation funds, including self managed superannuation funds;
  • government, law enforcement or statutory bodies;
  • Financial Ombudsman Service;
  • other financial institutions;
  • where required or authorised under our relationship with our joint venture companies; and
  • legal and other professional advisers.

Nikko AM Australia will only disclose your personal information to and receive personal information from these parties, for the purposes we have told you in this Privacy Policy and our Privacy Statements and in compliance with the privacy regimes in Australia.

In the course of operating our business and to better understand your needs and improve our financial products and services, we may disclose your personal information to persons who may appear to be unrelated to us or the provision of products and services to you. These people are service providers who assist us in our business and who make the provision of our services and products better.

Many of these service providers work in the background for us and are essential, because they allow us to continue providing you with the level of service you have come to expect from Nikko AM Australia. Examples of the types of services and service providers are:

  • administrators who process applications, redemptions and switches and perform other back office and fund accounting services;
  • custody and registry providers;
  • information technology providers, including hardware and software vendors and consultants such as programmers;
  • administration or business management services, including consultancy firms, auditors and business management consultants;
  • research and development service providers;
  • printers and mail service and delivery providers for the mailing of statements, and marketing material;
  • imaging and document management services.

These service providers provide us with a wide range of back office, administrative and business management services. Where we do disclose your personal information to these service providers we have either entered into contractual arrangements with them to protect your personal information, or they are subject to strict privacy rules and must also comply with our Privacy Policy and the privacy regime. Nikko AM Australia will only disclose your personal information to and receive personal information from these service providers, for the purposes we have told you about in this Privacy Policy and our Privacy Statements and in compliance with the privacy regimes in Australia.

Do we disclose your information to people overseas?

We operate in Australia, with our parent company having offices in Tokyo, New Zealand, Singapore, London, New York and Hong Kong. We are part of the global Nikko AM Group and therefore we will have instances where for the purposes detailed in our Privacy Policy and our Privacy Statements, we may need to send your personal information to other related companies in order to in order to provide services to you.There are also other instances where we may have to send your personal information overseas or collect personal information from overseas. These instances include:

  • when you have asked us to do so;
  • when we are authorised or required by law to do so;
  • when we have outsourced a business activity or function to an overseas service provider with whom we have a contractual arrangement;
  • certain electronic transactions; or
  • our parent entity, Nikko AM or its related entities, are assisting us in providing services to you.

Nikko AM Australia will only send your personal information overseas or collect personal information about you from overseas for the purposes we have told you about in this Privacy Policy and our Privacy Statements and in compliance with Australian Privacy Principle 8. This includes ensuring that the overseas recipient will also comply with the Australian Privacy Principles or an equivalent regime in their jurisdiction.

What will happen if you do not provide your personal information to us?

If we request personal information about you and you do not provide it, we may not be able to provide you with the financial product or service that you request.

In addition, if we are required to comply with certain legislation to provide you with the products and services you choose, then collection of certain personal information will be mandatory.

What if you want to be anonymous (or use a pseudonym)?

Generally, it is not possible for us to provide you with our products and services unless we have identified you and in some cases, such as when you wish to invest with us or you withdraw your investment, the law requires that you identify yourself to us.

If it is lawful and practicable to do so, we may offer you the opportunity to deal with us anonymously or via use of a pseudonym. For example, when making an inquiry about current services we offer.

What if you want to know what personal information we hold about you?

You can request access to the personal information we hold about you by contacting us.

We will endeavour to respond to your request within a reasonable time period, and if accessing your personal information will take an extended period of time, we will inform you of the likely delay. For more detailed requests for access to personal information, for example, access to information held in archives, a fee may be charged to cover the associated cost of retrieval and supplying this information

If you wish to lodge a request to access your personal information you can contact us by:

  • calling the number provided to you in the information and product documentation you received when you selected your product or service from us;
  • emailing our business via our email address available in your product documentation or via our internet site; or
  • visiting one of our places of business;

Are we able to deny your request for access to your personal information?

In some circumstances we are able to deny your request for access to personal information. The privacy regimes in Australia outline circumstances under which we may not agree to allow you access to some or all of the personal information that you have requested. The types of circumstances where we may deny you access to personal information include where the:

  • request is frivolous or vexatious;
  • disclosure may prejudice the prevention, investigation and detection of offences or relate to existing or legal proceedings; or
  • disclosure would have an unreasonable impact or involve the unwarranted disclosure of the affairs of another individual.

If we deny your request for access, we will tell you why.

It is important to note there are a number of reasons which may also prevent us from giving you access to your personal information simply because it is not practicable. For example:

  • we may not hold any personal information about you;
  • you have asked for personal information about someone else and are not authorised to do so;
  • we no longer have the personal information you are asking for, as it has been destroyed or de-identified.

Are you able to make correction(s) to your personal information?

We rely on the accuracy of the personal information we hold about you to efficiently provide our financial products and services to you.

We will take reasonable steps to ensure that any personal information about you which we collect, use or disclose is accurate, complete and up-to-date. This includes taking reasonable steps to correct inaccurate, incomplete or out-of-date personal information, if you have asked us to do so.

If we disagree with your request for correction of your personal information, we will attach a statement to the information of the correction that you seek but which has not been made and explain the reasons for this within 30 days of your request.

Do we keep your personal information secure?

We will take all reasonable steps to protect your personal information from loss, misuse, unauthorised access, modification or disclosure.

We protect your personal information by:

  • limiting physical access to our premises to authorised people;
  • restricting access to personal information;
  • entering into confidentiality agreements with all employees, contractors and third party organisations that may have access to your personal information - but providing access for the purposes we have told you about in our Privacy Policy and Privacy Statements;
  • having in place stand-by systems and information backups to deal with major business interruptions;
  • maintaining technology products to prevent unauthorised computer access;
  • regularly reviewing and testing our technology in order to improve the level of security;
  • destroying or de-identifying your personal information when it is no longer required by law or our record retention policies.

Do we collect your personal information electronically or via the Internet?

If you use our transactional or information web sites and communicate with us via your computer or via sms on your mobile device then we may collect your personal information.

Our web sites rely on "cookies" to provide a number of services to you. A cookie is a piece of data that an Internet site sends to your browser and which may then be temporarily stored on your computer. Cookies generally allow the Internet site you are browsing to interact more efficiently with your computer. The cookies used on our Website are placed by both our internal automated system and third party services providers.

The cookies placed by our internal automated system are non-persistent, meaning that they allow you to be logged in and operate efficiently with our web sites but once you have logged out of your session the cookies are no longer active. These cookies are used to collect statistical information, such as how many visitors our Internet sites receive and how these users interact with the site, however, the information is specific to the session and where that person went, not who that person is.

The cookies used on our Website placed by third party services providers may have a lifetime of approximately two years. These cookies help identify your computer or device, both on our website and also on websites of other third parties. This will allow us (including our third party advertising agencies) to profile visitors to our website for the purpose of targeted advertising on these other websites.

Usually you can set your browser to notify you before you receive a cookie, so that you can decide whether to accept it, however sometimes, if you do not accept a cookie it may affect your use of our web site. You can also disable and delete any cookies stored on your computer.

Security of your personal information online

Nikko AM Australia maintains industry standard technology and procedures in respect to its information management and provision of online services. Nikko AM Australia has an ongoing program of review and enhancement of its security measures. The reviews and updates address such matters as policies, processes and procedures, and technology reviews such as software, virus protection and fire wall settings.

E-mail transmissions, such as sending us an email via Outlook, Outlook Express, Hotmail or Gmail, are not necessarily secure. If you have any concern about the security of the contents of your e-mail or any other transaction over the Internet then you should consider contacting us by other means, such as telephone or via posted letter.

Once Nikko AM Australia has received your personal information, it is stored and protected by a range of security controls including firewalls, user identification requirements and audit trails.

Can you complain about a breach of your privacy and/or a breach of the Australian Privacy Principles (APPs)?

Yes you can. Please complain to us first. We would like to try and resolve your privacy complaint.

If you believe that Nikko AM Australia has not protected your personal information as set out in this Privacy Policy, or has failed to adhere to requirements set out by the Australian Privacy Principles set out by Australian Privacy Law Refoms effective 12 March 2014 you may lodge a complaint with us by:

  • calling the number provided to you in the information and product documentation you received when you selected your product or service from us;
  • emailing the business via their email address available in your product documentation or via their internet site; or
  • visiting one of our places of business.

What if you are not satisfied with our response to your complaint?

If you are not satisfied with our response, you can refer your complaint to the relevant Privacy Commissioner.

In Australia.

You can contact the Federal Privacy Commissioner:

  • By telephoning: 1300 363 992
  • By writing to:

    Director of Complaints
    Office of the Federal Privacy Commissioner
    GPO Box 5218
    Sydney, NSW 2001
  • Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Does our Privacy Policy change?

Nikko AM Australia reviews its policies, statements and procedures to keep up to date with changes in the law, technology and market practice. As a result we may update and change this Privacy Policy from time to time. If you have a concern or query about this Privacy Policy and how it operates please contact us. Please note that we have reviewed our Policy in line with the Australian Privacy Principles set out by Australian Privacy Law Refoms effective 12 March 2014. We will continue to review this policy at least annually.

We encourage you to review this Privacy Policy on a regular basis which is available on our website.

Date of Issue: August 2015

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