ASIC must comply with the Privacy Act 1988 (Cth) which regulates, among other things, the collection, storage, quality, use and disclosure of personal information - see the Information Privacy Principles.
This statement outlines how ASIC handles your personal information.
It is our usual practice to collect personal information directly from the individual.
We may also collect personal information from a third party, from individuals who contact us and supply us with the personal information of others in the documents they provide to us, however it is expected that the individual has consented to such collection or would reasonably expect us to collect their personal information in this way, or if it is necessary for a specific purpose such as the investigation of a complaint.
The information we collect from you will depend on the circumstances of collection and the type of service you request from us.
When or before we collect personal information, we will take reasonable steps to inform you of:
the purposes for which the information is collected;
where applicable, any law that requires the particular information to be collected, and
the main consequences for the user if all or part of the information is not provided.
We only collect personal information for purposes which are directly related to our functions or activities under the legislation administered by ASIC and only when it is necessary for or directly related to such purposes. For further information, see The laws ASIC administers.
Online forms
One of the ways we would collect personal information from you is if you use our site to lodge forms prescribed or approved under the relevant corporations laws administered by ASIC. We are required or authorised by corporations laws to ask for this information. We require this information for various purposes including assisting us to administer the corporations laws.
We also collect personal information through our complaints form. ASIC considers your complaint to have been given to us in confidence and we will not reveal the contents of your complaint without your consent unless we are required or authorised to do so under law.
Online credit card payments
If you you choose to pay us by credit card online, you will be asked to provide information such as your email address, name and credit card details. These details are required by us to process payments and to provide you with a payment receipt. For more information about what we do with the information you enter, see the security policy information on the credit card payment page you are using.
Online surveys
From time to time, we may wish to carry out a survey for feedback. Before collecting survey results, we will advise you of the purpose of the survey. We will also make it clear whether the information requested is mandatory or voluntary.
Subscription services to newsletters
We will only record your email address if you send us an email message to the subscription service you have requested. Your email address will be used only for the purpose for which you have given it or any other purpose permitted under the Privacy Act. Your email address will not be added to any other mailing list.
Lyris Technology Inc, an Amercian software company and email list service, hosts mailing lists for ASIC subscription services.
ASIC Client Contact Centre
You may choose not to provide certain personal information however we may not be able to provide you with accurate information or services you require. The purpose of seeking this information is to enable ASIC to tailor our services to your needs and ensure accurate information is provided to you and to improve services we provide to you.
Clickstream data and cookies
When you browse our website, our service provider logs the following information for statistical purposes - your server address, top level domain name (eg .com, .gov, .au, .uk etc.), the date and time of your visit, the pages accessed, documents downloaded, the previous site visited and the type of browser used.
We will not try to identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs.
Cookies are small pieces of information exchanged between your web browser and a website server. From time to time we may use cookies on our website to help us carry out online surveys. Where we use an external survey provider, that provider could use cookies on their website. If this is the case you will be directed to information on the provider's website explaining the use of cookies.
Use and disclosure
We will only use your personal information for the purpose for which you have provided it for. We will not use it for any other purpose, nor will we disclose it, unless one of the following applies:
you have consented;
you would reasonably expect, or you have been told, that information of that kind is usually passed to those individuals, bodies or agencies;
it is required or authorised by law;
it will prevent or lessen a serious and imminent threat to somebody's life or health;
it is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.
Keeping your personal information up to date
We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary.
Data security
We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. For example, where appropriate, our website provides a secure environment by using secure sockets layer (SSL). This establishes a session, and encrypts all traffic, between our web server and your browser.
Access and alteration
The Privacy Act allows individuals to access and alter records containing their personal information. The Freedom of Information Act 1982 (Cth), also sets out the process by which you can access, change or annotate records held by ASIC, which contain your personal information.
You can obtain further information about how to request access or changes to the information we hold about you by making an enquiry at www.asic.gov.au/question.
Risks of using the internet
You should note that there are security risks in transmitting information via the internet. You should assess these potential risks when deciding whether to use our online services. If you do not wish to transmit information via our website, there are other ways in which you can provide this information to ASIC. You can, for example, contact ASIC on 1300 300 630 or visit your nearest Service Centre.
Accountability and feedback
To find out more about your rights and the remedies for breaches of privacy, you can:
contact the ASIC Administrative Law Co-ordinator in the regional office of your state or territory
visit the Office of the Australian Information Commissioner's website at www.oaic.gov.au/ or contact the Information Commissioner's hotline on 1300 363 992.
We welcome your feedback about this Privacy Statement and about our site's design and practices.