Fisher Investments Australasia Privacy Policy - AUSTRALIA
January 2019

General

This privacy policy (“Privacy Policy”) sets out how Fisher Investments Australasia (“FIA”) manages personal information and complies with the Privacy Act 1988 (Cth) ("Privacy Act") and the applicable Australian Privacy Principles (“APPs”) in the Privacy Act. This Privacy Policy applies to our entire website and all FIA interactions with individuals located in Australia. In this Privacy Policy, personal information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in material form or not.

Any changes to this Privacy Policy will be posted at https://institutional.fisherinvestments.com/en-au/privacy. Users can also access this Privacy Policy via our homepage and from the bottom of every page by clicking on the appropriate link in the footer.

FIA and its associated companies are committed to respecting your privacy. We have structured our website so that, in general, you can visit FIA on the web anonymously, without identifying yourself or revealing any personal information, unless this is impractical or identification is legally required. However, if you would like to engage FIA for services or would like to request that information be sent to you, we will need your name and contact information in order to do so. If you choose to provide FIA with any information by which you can be identified, then you can be assured that it will only be used in accordance with this Privacy Policy.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with and for the purposes specified in this Privacy Policy. You are not required to provide your personal information. However if you do not provide us with all the information we request, we may not be able to provide our services to you, or respond to your queries.

What information FIA collects and why

FIA may collect your personal information in the following ways:

Prospective clients, clients, and their representatives: 

  • FIA primarily collects personal information directly from you as a client or prospective client:  (1) when you request promotional information or informational materials from FIA; (2) when you engage FIA as a discretionary investment manager or related services are requested of FIA, as further described below; (3) for the general management, conduct and protection of FIA; and (4) to comply with our legal obligations. In order to fulfil these purposes, we may collect the following types of personal information from you: Name, address, telephone number, email address, financial information, names of beneficiaries, government related identifiers, such as tax file number and other information you may provide to us. Furthermore, we may also collect, with your consent, certain “sensitive information” (as defined by the APPs), such as health information and criminal record information.
  • FIA may also collect personal contact information from you, such as name, address, phone number and/or email address, from third party list vendors to provide offers for FIA informational materials. Your personal information may come from public sources and/or third party vendors’ private databases.

Website users:

  • FIA may also collect your personal information through its website’s usage of cookies, a data analysis technique. Please see the FIA Cookie Policy below. In order to learn more about cookies in general, click here: http://www.microsoft.com/info/cookies.mspx.
  • FIA may also collect your personal information when you interact with advertising content on publishers’ website or within email content, either directly through the publisher or through a third party. Third party ad server companies may collect information, such as IP address, domain type and clickstream data in this manner.

Business contacts at service providers and vendors:

  • In dealing with service providers and vendors, FIA also obtains contact information about the business contact.

Individuals who agree to participate in market research:

  • If you agree to participate in market research, FIA uses the personal information provided directly by you or through a third party service provider engaged by FIA, about your marketing, investment and servicing preferences.

If FIA receives personal information that FIA did not solicit, FIA will, within a reasonable time, determine whether such unsolicited information could have been properly collected under the APPs. FIA may use or disclose such personal information for the purpose of such determination. If FIA determines that it could not collect such personal information under the APPs, FIA will destroy or permanently de-identify such information as soon as practicable, to the extent it is lawful and reasonable to do so.

FIA’s use and disclosure of collected information

FIA may hold, disclose, or use your information (i) for the purpose for which it was collected, as notified to you or as reasonably necessary and expected by you for FIA to provide you with the requested services, (ii) for internal business reasons, and (iii) for a purpose you consent to, if FIA is authorised or required by an Australian law.

Examples of the purposes identified in subsections (i) and (ii) above include the following:

  • Internal record keeping;
  • Improving our products and services;
  • Assessing inquiries for the provision of our services;
  • Assessing suitability and providing investment strategy recommendations;
  • Providing discretionary investment management services, including conducting ongoing suitability assessments;
  • Providing you access to our online platform or downloads via the FIA website;
  • Complying with our legal obligations;
  • Conducting market research and optimise marketing;
  • Training internal staff;
  • Contacting service providers and vendors;
  • Direct marketing, including providing promotional materials; and
  • Offering promotional emails or mail about FIA services, recent developments or other information which you may find interesting

In addition, FIA will hold, disclose, or use your personal information only when we have your consent per subsection (iii) above for the following purposes:

  • For direct marketing purposes (where consent may include either an opt in mechanism or not opting out, as applicable); and
  • With respect to the collection and use of your sensitive information, to assess your suitability and provide investment strategy recommendations to you and to comply with our legal obligations.

To the extent FIA collects government related identifiers (as defined in the Privacy Act), FIA shall only use or disclose such information in accordance with the APPs, for example to establish the identity of the individual

FIA and integrity of personal information

FIA will take reasonable steps to ensure that the personal information FIA collects and holds about you is correct. To assist us, please ensure that the information you provide to us is accurate, up-to-date, and complete and let us know if you details change.

We will also take reasonable steps to protect the personal information we collect and hold from misuse, unauthorised access, modification or disclosure. If you believe that the information we hold about you has been subjected to any misuse or unauthorised access, modification or disclosure, please let us know so we can investigate and take appropriate steps.

If we hold personal information about you that is no longer needed for any purpose for which we are permitted to use or disclose it we will take reasonable steps to destroy or permanently de-identify that personal information.

FIA’s sharing of personal information

FIA will not sell or lease your personal information to third parties.

FIA may share your information, including overseas, for the foregoing purposes with the following persons:

  • FIA affiliates, including its parent company, Fisher Investments (“Fisher Investments”), in the United States, its affiliate in Japan, and other affiliates in Europe (together, “Fisher Group”);
  • FIA authorised vendors, agents and representatives, including, but not limited to, third party software providers, information technology security providers, custodians that may hold custody of individuals’ assets managed by Fisher Investments, and service providers, who may be located in various countries and with whom we will have entered into contracts with to protect your personal information, as necessary;
  • Regulators, law enforcement, as otherwise required by law, or where users have provided permission; and
  • If FIA and/or Fisher Investments sells, transfers or merges part or all of its business, or attempts to do so, then third parties may receive personal information as part of this process.

Users' direct marketing choices

You may contact FIA at any time to say you do not want your personal information to be used by anyone, including FIA, for direct marketing purposes. If you have not previously objected to FIA using your personal information for direct marketing purposes, you may change your mind and opt out at any time by writing to or emailing:

Compliance Manager
Fisher Investments Australasia
Level 25, Aurora Place
88 Phillip Street, Sydney, NSW 2000
privacy@fisher-investments.com.au

When doing so, please ensure that your full name and address is provided in exactly the form in which it was originally provided to FIA to avoid any possible confusion with a different user.

Updating, correcting or requesting information held by FIA

You may contact us at the information below and request access to any personal information we hold about you.  If you request access to your personal information, we will respond to such request within a reasonable time and give access in the manner requested (subject to certain legal exceptions). If a legal exception applies and we decide not to provide you with access to any personal information we hold about you, we will notify you of the reasons for our decision and how you can complain.

If we are satisfied that any personal information FIA holds about you is incorrect, out-of-date, misleading, irrelevant or incomplete (having regard to the purpose for which it is held), we will take reasonable steps to correct that personal information (subject to certain legal exceptions).  Please contact us at the information below as soon as possible. FIA will promptly correct any information which is found to be incorrect, and if we do not agree that your personal information needs correction we will notify you of the reasons for our decision, and you may ask that we attach a statement to this effect to our record.

Compliance Manager
Fisher Investments Australasia
Level 25, Aurora Place
88 Phillip Street, Sydney, NSW 2000
privacy@fisher-investments.com.au

You may request details of your personal information that FIA holds by writing to or emailing the above address.

You may also request a copy of this Privacy Policy in another form by writing to or emailing the above address.

In each case, please ensure that your full name and address are provided in exactly the form in which it was originally provided to FIA to avoid any possible confusion with a different user.

Making a Complaint to FIA

If you have any concerns or complaints about how we have handled your personal information, please contact us at the following address:

  Compliance Manager
Fisher Investments Australasia
Level 25, Aurora Place
88 Phillip Street, Sydney, NSW 2000
privacy@fisher-investments.com.au

If you make a complaint, we may need to verify your details and request further information in order to respond.  We will provide a response within a reasonable period of time.

If we are unable to satisfactorily resolve your concern or complaint, you can contact the Office of the Australian Information Commissioner (OAIC). To make a query concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information, you can contact the Information Commissioner's hotline on 1300 363 992 or visit their website at www.oaic.gov.au. The OAIC has the power to investigate the matter and made a determination.

Security

FIA is committed to ensuring that your personal information is secure. In order to prevent unauthorised access or disclosure, FIA has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information collected online.

If personal information that FIA holds is no longer needed for any purpose for which it may be used or disclosed, FIA will take steps which are reasonable in the circumstances to destroy or permanently de-identify such personal information.

Other Websites

The FIA website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that FIA does not have any control over third party websites. Therefore, FIA cannot be responsible for the protection and privacy of any personal information which you provide while visiting such other websites and such websites are not governed by this Privacy Policy. You should exercise caution and look at the privacy policy applicable to the website in question. 

Cookie Policy

A cookie is a small text file with an identification tag that is created and downloaded to a user’s computer (or other device) when accessing websites that use cookies. Cookies allow a website to, among other things, store and retrieve information about a user’s online activity, browsing habits of a user or user’s computer (or other device) and, depending on the information they contain and the way a user uses a computer (or other device), may be used to recognise the user.

Cookies can be categorised by who places them:

  • First-party cookies: These cookies are downloaded to a user’s computer (or other device) from a computer or domain managed by the publisher of the website whose service the user is requesting.
  • Third-party cookies: These cookies are downloaded to a user’s computer (or other device) from a server or domain that is not managed by the publisher of the website, but by another entity that may be seeking data obtained through cookies.

Cookies can also be categorised by their duration:

  • Session cookies: These cookies are designed to collect and store data while the user accesses a website. They are often used to store information for the duration of a visit to the website (e.g. what account user is logged into). Once a user leaves the website, the session cookie is deleted.
  • Persistent cookies: These cookies store data on the user’s computer (or other device) for the duration period set within the cookie’s file, which is determined by the entity controlling the cookie and can range from a few minutes to several years, or until the user manually deletes them.

Lastly, cookies can be categorised by the function they serve. FIA uses the following types of first- and third-party cookies:

  1. Functionality Cookies: FIA uses functionality cookies to keep track of whether or not a user has consented to have other types of cookies placed on his/her computer (or other device) and, if the user has consented, to note when consent was obtained. Functionality cookies do not collect any personal information. Enabling functionality cookies may be necessary to access the full content of website material.
  2. Personalisation Cookies: Personalisation cookies allow the website to remember information that changes the page’s appearance or behaviour, such as, for example, the language selected for viewing the page.
  3. Analytics Cookies: Analytics cookies analyse site statistics and how users browse a website and enable FIA to measure the number of visitors to its websites, as well as to measure and analyse how users interact with the websites. This information is used to improve FIA’s websites and the products or services offered.
  4. Behavioural Cookies: Behavioural cookies can include behavioural advertising cookies, allowing advertisements on various websites using third-party companies. If a user visits a website or clicks on one an advertisement that uses behavioural cookies, a behavioural cookie will be placed on the user’s computer (or other device). Behavioural cookies allow a company to optimise its advertising. Behavioural cookies may also be used to build a user profile to provide users with content more relevant to their interests. They adapt advertising and the content users see on other websites based on their browsing habits, including how users navigate the website and other websites that the user may visit, as well as how users interact with internet advertising.

How to Manage Cookies

As explained above, cookies help you to get the most out of our website. If you do disable cookies, performance and functionality will be affected. If you wish to disable (or re-enable) cookies, you may do so through your browser as follows:

Microsoft Internet Explorer 8.0

  • Click the ‘Safety’ button, and then click ‘Delete browsing history’.
  • Select the ‘Cookies’ check box, and then click ‘Delete’.
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: http://windows.microsoft.com/en-AU/internet-explorer/delete-manage-cookies#ie=ie-8

Microsoft Internet Explorer 9.0, 10.0, 11.0

  • Click on 'Tools' at the top of your browser window and select 'Safety'
  • Then click 'Delete browsing history'.
  • Select the ‘Cookies’ check box, and then click ‘Delete’.
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: http://windows.microsoft.com/en-AU/internet-explorer/delete-manage-cookies#ie=ie-9

Google Chrome

  • Click on the 'wrench' icon on the browser (usually found top-right corner) to open the tools menu
  • From the tools menu select 'Options'
  • Click the 'Under the Hood' tab from the menu on the left.
  • In the 'Privacy' section, select the 'Content settings' button
  • To disable cookies: select 'Block all cookies' option
  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647

Mozilla Firefox

  • Click on 'Tools' at the browser menu and select 'Options'
  • Select the Privacy panel
  • To disable cookies: Uncheck at 'Accept cookies for sites' 
  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: http://support.mozilla.org/en-US/kb/Enabling%20and%20disabling%20cookies

Safari on OSX

  • Click on 'Safari'  at the menu bar and select the 'Preferences' option
  • Click on 'Security'
  • To disable cookies: In the ‘Accept cookies’ section select 'Never'
  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple:  http://docs.info.apple.com/article.html?path=Safari/3.0/en/9277.html

All other browsers

Please look for a ‘help’ function in the browser or contact the browser provider.

Changes to Our Privacy Policy

FIA may update this Privacy Policy from time to time in whole or in part to reflect changes to our information practices. Any changes to this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy on our website. We encourage you to periodically review this page of our website for the latest information on our privacy practices and this Privacy Policy. However in any event, by continuing to access our services following any changes, you will be deemed to have agreed to such changes.

Contact us

If you have any questions about this Privacy Policy of you wish to request access to your personal information, correct or update your details or raise any privacy concerns you may have, please contact us at:

Compliance Manager
Fisher Investments Australasia
Level 25, Aurora Place
88 Phillip Street, Sydney, NSW 2000
privacy@fisher-investments.com.au

Last updated: January 2019

 

Investing in stock markets involves the risk of loss and there is no guarantee that all or any capital invested will be repaid. Past performance neither guarantees nor reliably indicates future performance.


About Fisher Investments Australasia

Fisher Investments Australia offers a variety of Global, Non-US, and US Equity strategies for institutional investors. FIA delegates portfolio management to its parent company, Fisher Investments, a money management firm in the US founded in 1979 by investment guru Ken Fisher. Today, Fisher Investments and its affiliates oversee more than $100 Billion* in assets for over 55,000 private clients and 175 institutional clients globally.* Founder Ken Fisher’s “Portfolio Strategy” column for Forbes ran from 1984 through 2016, making him the longest continually running columnist in the magazine’s 90+ year history. He has also authored several New York Times bestsellers on finance and investing. (*As of 01/07/2018. Includes Fisher Investments and its subsidiaries.)

For your reference, Fisher Investments Australasia is an investment manager located in Sydney. The parent company, Fisher Investments, is based in the United States, and manages assets for large institutional clients around the world.

Fisher Investments Australasia Pty Ltd (FIA) holds an Australian Financial Services Licence (#433312) with the Australian Securities and Investment Commission (ASIC). FIA delegates portfolio management to its parent company, Fisher Investments (FI).