ABN AMRO Clearing Sydney Pty Ltd (ABN 36 081 279 889) (ABN AMRO Clearing Sydney) is committed to the protection of privacy of individuals and ensuring that your Personal Information is handled in accordance with the law. ABN AMRO Clearing Sydney forms part of the ABN AMRO Group N.V. group of entities (the ABN AMRO Group).
References to “we”, “us” and “our” in this Privacy Policy (this Policy) are references to ABN AMROClearing Sydney. References to “you” and “your” in this Policy refer to employees and also contractors and sub-contractors on employment of ABN AMRO Clearing Sydney. Employees are all individuals employed on a permanent full-time, permanent part-time and temporary basis with ABN AMRO Clearing Sydney.
We are bound by the Australian Privacy Principles (the Privacy Principles) under the Privacy Act 1988 (Cth). A copy of the Privacy Principles can be obtained from www.oaic.gov.au.
This Policy applies to all ABN AMRO Clearing Sydney employees, contractors and sub-contractors in relation to their employment relationship with ABN AMRO Clearing Sydney.
This Privacy Policy outlines how we collect, store, access, use and disclose your Personal Information as defined in the Privacy Act under the Privacy Principles, as well as our legal obligations and rights as to that information and general law principles that govern privacy. In connection with a particular requirement, which differs from, or is more specific than, those outlined in this Privacy Policy, we will seek your authority to use your Personal Information. It is important that you read and understand this Privacy Policy.
In this Policy, Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. The Personal Information includes ‘sensitive information’, which is defined in the Privacy Act, a particular category of personal information.
Although we aim to ensure that all information we hold is accurate, Personal Information may also include any inaccurate information about that individual.
The Personal Information that we collect from you includes information considered necessary for your employment, including your:
a) name;
b) date of birth;
c) contact details (e.g. residential, postal, email addresses, telephone numbers etc.) including emergency contact details;
d) tax file number;
e) bank account details;
f) employment history;
g) education history; and
h) any information we may require to comply with the law and regulations as applicable to us.
ABN AMRO Clearing Sydney will not collect sensitive information about you without your prior consent unless it is required by law; necessary to prevent or lessen a serious and imminent threat; or necessary for the establishment, exercise or defence of a legal or equitable claim. Sensitive information is defined in the Privacy Act to include information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association or trade union, sexual preferences or practices, criminal record or health or genetic information. If collected, ABN AMRO Clearing Sydney will treat the sensitive information in accordance with Privacy Principles and ensure that a higher level of protection will apply.
Unless it is not reasonable and practicable to do so, ABN AMRO Clearing Sydney will only collect your Personal Information directly from you. In certain circumstances and upon obtaining your consent, we may collect Personal Information from third parties, including other entities within the ABN AMRO Group.
ABN AMRO Clearing Sydney collects Personal Information about you in order to manage the employment relationship, including to:
a) assess and process your application for a position with ABN AMRO Clearing Sydney, including prerecruitment checks involving your qualifications, providing or obtaining employee references and for background screening;
b) grant you access to ABN AMRO Clearing Sydney and/or ABN AMRO Group systems;
c) make payments of your salary;
d) manage your ongoing relationship with us and/or ABN AMRO Group;
e) comply with the law;
f) protect against fraud; and
g) For any other purposes, which are reasonably related to above.
Your Personal Information is handled in accordance with the Privacy Principles and will be used and/or disclosed only for the primary purpose for which it was collected, or for a secondary purpose in accordance with the Privacy Principles, for example:
a) with your consent;
b) where the use or disclosure falls within an exception sets out in the Privacy Principle 6 such as where we reasonably believe that your information is reasonably necessary for one or more enforcement related activities of an enforcement body; or
c) where it is related to the primary purpose of collection and you would reasonably expect.
ABN AMRO Clearing Sydney to use or disclose the information for that secondary purpose. ABN AMRO Clearing Sydney may disclose your Personal Information to related entities within the ABN AMRO Group and to third parties that provide ABN AMRO Clearing Sydney with services or assist ABN AMRO Clearing Sydney to provide eg. third party agencies that carry out your identified, educational and employment history verifications). Some of the recipients of Personal Information may be overseas including but not limited to in the Netherlands, USA, Hong Kong, Singapore, Japan and India. If requested or required by law, we may also transfer or disclose your Personal Information to regulators.
ABN AMRO Clearing Sydney may disclose the following Personal Information to entities within the ABN AMRO Group, some of which may be overseas, in connection with risk, control, compliance, monitoring or business operational purposes including but not limited to:
a) investments in a private company, partnership, hedge fund or commercial real estate.
b) being a volunteer for an association or foundation;
c) being a member of a management, supervisory or advisory board of a company or organisation, either profit or non-profit;
d) being a director of a company or organisation, either profit or non-profit;
e) being employed by or acting as a consultant for a person, company or organisation, either profit or non-profit;
f) being a chairman, secretary or treasurer of a company or organisation, either profit or nonprofit;
g) being in a political or governmental position;
h) being an administrator, trustee or executor of a will; and
i) having authority over money or assets of a person, company or organisation.
In addition, ABN AMRO Clearing Sydney may be required or authorised by law to disclose your Personal Information for a secondary purpose. The Privacy Principles outline circumstances in which ABN AMRO Clearing Sydney may disclose Personal Information for a secondary purpose.
Your Personal Information may be stored by ABN AMRO Clearing Sydney or on its behalf by a third party service provider, electronically or in hardcopy. ABN AMRO Clearing Sydney takes reasonable steps to ensure the security of your Personal Information and to protect your Personal Information from misuse and loss and from unauthorised access, modification or disclosure. Information is protected in a number of ways, including through the maintenance of a secure electronic environment at ABN AMRO Clearing Sydney and by ensuring adherence to internal policies on the protection of information and confidentiality.
ABN AMRO Clearing Sydney will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which use and disclosure is permitted subject to our legal obligations to keep some information for certain prescribed periods.
ABN AMRO Clearing Sydney may disclose your Personal Information to overseas entities (for example, an entity related to ABN AMRO Group or a third party service provider in connection with our service or business operations). ABN AMRO Clearing Sydney will only provide your information to an overseas entity with your consent or without your consent in accordance with the Privacy Principles, for example:
a) If ABN AMRO Clearing Sydney has taken reasonable steps to ensure that the information which is to be transferred will not be held, used or disclosed by the recipient inconsistently with the Privacy Principles; or
b) If you consent to the cross border disclosure after we inform you that the consequence of giving your consent is that the requirement in the Australian Privacy Principle (APP) 8.1 will not apply.
APP 8.1 provides that where Personal Information of an individual is disclosed overseas to a person other than the disclosing entity or the individual who is the subject of the information, the disclosing entity must take such steps as are reasonable in the circumstances to ensure that the overseas recipient does not breach Privacy Principles in relation to the information. An exception to this requirement set out in APP 8.1 is where an individual consents to the cross border disclosure after being informed by the disclosing entity that if the individual consents to such disclosure of the information, the requirement in APP 8.1 will not apply.
As described above, ABN AMRO Clearing Sydney may be required to disclose your sensitive information to related overseas entities within ABN AMRO Group in connection risk, control, compliance, monitoring and business operational purposes.
You have a right to access the Personal Information that ABN AMRO Clearing Sydney holds about you, subject to a number of exceptions provided by law. These exceptions to your right of access include where:
a) access would pose a serious and imminent threat to the life or health of any individual;
b) access would have an unreasonable impact on the privacy of others;
c) the request for access is frivolous or vexatious;
d) the information relates to existing or anticipated legal proceedings;
e) providing access would prejudice negotiations;
f) providing access would be unlawful;
g) denying access is required or authorised by or under law;
h) providing access would prejudice an investigation of possible unlawful activity; or
i) it falls under another circumstance as outlined in the Privacy Principles.
If you wish to gain access to your Personal Information held by ABN AMRO Clearing Sydney, please contact us at the contact details given in this Policy. We will try to make your Personal Information available within 30 days from the date you requested for it. Before we give you this information, we will need to confirm your identity. In some cases we may refuse to provide you with access or provide access to part of your information only. If we do this, we will advise you of our decision. If you are not satisfied with our response, you can make a complaint using our complaints process in section 12 below.
We take reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date. If you believe that the Personal Information we hold about you is not accurate, complete or up-to-date, please contact ABN AMRO Clearing Sydney at the contact details given in this Policy. Changes to some details such as a change of name may require additional documentation to verify the change. If we do not believe that the information needs correcting, we will advise you of our decision. If you are not satisfied with our response, you can make a complaint using our complaints process in section 12 below.
You may deal with ABN AMRO Clearing Sydney anonymously where it is permitted by law and practicable. However, if you choose not to provide part or all of the Personal Information required by ABN AMRO Clearing Sydney, this may affect our ability to manage your relationship with us.
If you would like more information about how we manage your Personal Information or if you wish to change your contact information, please contact our Human Resources department or make contact with ABN AMRO Clearing Sydney’s Privacy Officer using the below details:
Privacy Officer
ABN AMRO Clearing Sydney Pty Ltd
ABN 36 081 279 889
Level 11, 580 George Street
SYDNEY NSW 2000
Australia +61 2 8221 3000
compliance.au@abnamroclearing.com
If you have any concerns about any breach or potential breach of your privacy, please contact our Privacy Officer in writing via post or email at the above address. We will make every effort to resolve your complaint internally and as soon as practicable and in any event within 30 days from receipt of your complaint. If you feel that your complaint has not been resolved to your satisfaction, you may then take your complaint to the Office of the Australian Information Commission (OAIC).
For more information on how you may lodge a complaint with OAIC, please contact the OAIC:
a) By Telephone on 1300 363 992; or
b) Via email; enquiries@oaic.gov.au
c) by visiting their website http://www.oaic.gov.au
