Equipsuper Pty Ltd, as Trustee of Equipsuper, has an obligation to comply with all relevant state and federal legislation with regard to the management and administration of Equipsuper. This includes the Privacy Act 1988 (Act).
The provisions of the Act apply to the Trustee because it holds personal information about each member of Equipsuper. The Trustee will ensure that it complies with the ten “National Privacy Principles” which are prescribed in the Act.
1. What sort of information is held by the Trustee?
The information held by the Trustee includes your:
- personal particulars (name, date of birth, gender);
- tax file number;
- Proof of identity (for example, certified copies of a valid drivers licence, birth certificate or passport);
- contact details (including addresses, email and phone numbers);
- nominated beneficiaries;
- bank details;
- membership and contribution history;
- occupation and salary details;
- level of insured death and disablement cover; and
- surcharge debts.
| 1.1 |
For the purposes of processing death claims there may be instances where the Trustee holds personal and/or sensitive information regarding your nominated beneficiary.
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| 1.2 |
Other member correspondence that is received via fax, mail, telephone or email is also held by the The Trustee may also hold sensitive information about you if you have sought insured cover through Equipsuper or lodged a claim for a disablement benefit with the Trustee. The sensitive information which the Trustee holds will usually be health information about you. |
2. Why does the Trustee collect this information?
Personal information about you is collected for the following purposes:
- to establish and verify member’s identity;
- to assist employers to meet their superannuation obligations;
- to establish membership in Equipsuper;
- to manage, administer, invest, calculate and pay or transfer members superannuation benefits;
- to assess a member’s eligibility for and arrange insurance cover;
- to enable the Trustee to provide information to members about their superannuation and other related services;
- to enable Equipsuper to report to international government agencies as required by law;
- to manage and resolve complaints made by members or employers;
- to conduct research on our services and products;
- to provide advice and financial services to members; and
- to enable Equipsuper Financial Planning Pty Ltd to provide financial planning information, advice and services to members.
3. How does the Trustee collect this information?
The Trustee aims to collect information directly from the member however there maybe instances where information is collected indirectly from the member’s attorney, adviser or employer which participates in Equipsuper.
4. How does the Trustee hold this information?
| 4.1 |
The Trustee receives information about members from employers by electronic data transfer or application forms. This information is then stored on the computer system of Equipsuper’s administrator and may also be held in paper files or electronically imaged.
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| 4.2 |
Other member correspondence that is received via fax, mail, telephone or email is also held by the administrator.
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| 4.3 |
All personal information held by the Trustee or the administrator is stored securely and the only people with access to it are employees of the Trustee and the authorised users of the administrator. The administrator employs technical, administrative and physical safeguards to protect the information it holds about members. |
5. How does the Trustee use and disclose personal information?
| 5.1 |
The Trustee uses a member’s personal information for the purposes outlined above under the heading “Why does the Trustee collect this information?” In order to perform all of these tasks, the Trustee uses various external organisations.
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| 5.2 |
A member’s information may therefore be disclosed by the Trustee to third parties such as:
- Equipsuper’s administrator, auditors, insurers, actuary, medical consultants, underwriters, medical practitioners, professional advisers, lawyers, participating employers, mailing houses, election agencies and other external service providers who are contracted for the purpose of administering Equipsuper.
- another superannuation fund who the member has nominated as their rollover institution;
- external research houses to assist us with service and product research;
- financial planners who are contracted to provide services to members;
- international government agencies where expressly required by law; and government agencies such as the Australian Prudential Regulation Authority (APRA) ,the Australian Transaction Reports Analysis Centre (AUSTRAC) the Australian Securities and Investments Commission (ASIC), Australian Taxation Office (ATO) and Superannuation Complaints Tribunal (SCT) and other bodies where expressly authorised by law.
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| 5.3 |
Whenever the Trustee discloses a member’s personal information to a third party, the Trustee ensures that the member’s privacy is protected:
- by the existence of a fiduciary relationship with the third party (such as the Trustee’s lawyers); or
- by a confidentiality agreement with the third party (such as mailing or research houses); or
- because the third party has its own obligation not to disclose the information (such as government agencies).
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| 5.4 |
The Trustee may disclose information to a member’s employer but this is limited to the information that would have been previously advised by the employer to the Trustee.
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| 5.5 |
Otherwise, member’s information is kept confidential and is only disclosed to the member or to an authorised representative of the member. An authorised representative is a person to whom you have given consent to access your personal information and may include a financial adviser, lawyer, spouse or legal personal representative. |
6. Trustee’s use and disclosure of sensitive information
Sensitive information such as medical and health information is not used or disclosed without a member’s express consent. The forms collecting sensitive information will provide details about how sensitive information may be used or disclosed.
7. How may a member gain access to his or her personal information?
| 7.1 |
A member has certain rights with respect to their personal information, including access to that information, the right to correct any personal information and the right to complain about any breaches of the Act.
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| 7.2 |
The Trustee encourages members to check and/or update their personal information on the website or by contacting the Helpline 1800 682 626 to ensure that it is accurate. Members should advise Equipsuper if they think the personal information is incorrect.
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| 7.3 |
There is no charge to a current member for the provision of personal information about them. However, for members who left Equipsuper more than 12 months ago:
- there is a fee of $27.50 if the member left Equipsuper after 1990; and
- there is a fee of $55 if the member left Equipsuper before 1990.
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| 7.4 |
A request for access will be acknowledged within 14 days and responded to within 30 days. However, if a member requests access to sensitive information, there may be a delay in providing this information (eg, until the Trustee has made a decision regarding the member’s disability claim). The Trustee will inform the member when this occurs.
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| 7.5 |
If a member wishes to obtain further information concerning the Trustee’s privacy obligations or wishes to make a complaint about the Trustee’s collection, use or disclosure of their personal information, the member can contact the Trustee’s Privacy Officer, whose details are as follows:
General Counsel & Company Secretary
Equipsuper Pty Limited
PO Box 625 Collins Street West
Melbourne, Vic, 8007
Phone: 1800 682 626
Fax: 03 9602 4226
If a member believes that the Privacy Officer has not adequately dealt with their complaint, the member may want to contact the Privacy Commissioner, whose details are as follows:
Tel: 1300 363 992
Mail: GPO Box 5218
Sydney NSW 2001
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