Privacy Policy

Privacy Policy Statement

This privacy statement is made on behalf of TorFX Pty Ltd (NZBN 9429051493561, FSP 1006222). All references to “TorFX”, “we”, “us” or “our” in this policy are references to TorFX Pty Limited.

TorFX is committed to protecting your privacy and to compliance with the New Zealand Information Privacy Principles contained in the Privacy Act 2020. If you have any questions relating to this privacy statement or your privacy rights please contact us.

This Privacy Statement sets out the policy of TorFX for management of personal information. We are committed to ensuring the privacy of your information and recognise that you, as a customer, are concerned about your privacy and about the confidentiality and security of information that TorFX may hold about you.

This Policy is designed to inform customers about –

• What information we collect and the purposes for which we collect it;
• Use and disclosure of information collected;
• Security of your personal information;
• Gaining access to information we hold about you;
• What to do if you believe the information we hold about you is inaccurate;
• Complaints in relation to privacy; and
• How to contact us.

Personal Information

Personal information is any information about an identifiable individual.

The information we collect from you will depend on what services we provide to you and may include the following:

• your name, address, telephone and contact details;
• your e-mail address;
• your tax file number (such as your IRD number);
• your date of birth;
• your nationality and place of residence;
• your occupation or employment details;
• your educational background;
• bank account details, transaction history and payee details;
• identification and verification information including passports, national identity cards and driving licences;
• voice or call recordings;
• photographs, including passport photos
• device and IP (internet protocol) details;
• the results of sanctions screening or background checks;
• credit status;
• details about your health or any vulnerabilities, if you share that information with us; and
• details about your source of funds (such as investment statements).

Open and transparent management of personal information

TorFX seeks to ensure that personal information we hold about an individual is managed in an open and transparent manner. We have implemented procedures to ensure compliance with the New Zealand Information Privacy Principles and any applicable codes, and to deal with any complaints relating to our compliance therewith.

This policy outlines how we manage personal information and sets out details regarding the kind of personal information we collect and hold; how and why we collect and hold this information, and how an individual may access and seek correction of the information we hold about them. We further provide details regarding our complaints handling process, our policy on disclosure of information to overseas recipients (and if so, which countries).

Collection of personal information

This policy details how TorFX adheres to the New Zealand Information Privacy Principles regarding the collection of solicited personal information. TorFX only collects personal information about individuals which is reasonably necessary for the provision of our services, to allow compliance with laws and regulations, which is required to enhance our business services or to defend our interests (for example, in the case of a dispute). We only collect personal information by lawful and fair means. Information is generally sought through our account application forms or during telephone calls or through direct interaction with you. We will always ensure you are apprised of our purpose in collecting information.

Providing us with information is voluntary but if you do not provide the information requested, we may be unable to provide you with our services.

Please note that we will only use the personal information (e.g. postal address, e-mail address, telephone numbers,, date of birth, bank account details, IRD number, details related to the provision of verification and identification documentation etc) we collect for the main purposes disclosed at the time of collection, such as to provide financial services, or as otherwise permitted under the Privacy Act.

We also collect demographic information when you open an account, including, birth date, education, occupation, etc. We also assess your trading experience, your approximate annual income and approximate net worth to assess your financial position.

In order to provide services to you, we also collect information about you from our external suppliers, for example providers of electronic verification services, anti-fraud agencies, credit reference agencies and providers of sanctions screening and background checks. By using our services, you consent to our external suppliers releasing your personal information to us for these purposes.

The TorFX web site may contain links to the web sites of third parties. If you access those third party web sites they may collect information about you. TorFX does not collect information about you from the third parties. You will need to contact them to ascertain their privacy standards.

Who will store your personal information?

TorFX will be responsible for any personal information provided by you or obtained about you. Our systems for recording and processing personal information are currently hosted overseas, outside New Zealand, but in jurisdictions which, we have reasonably concluded, have privacy laws that, overall, provide comparable safeguards to protecting your personal information as in the Privacy Act.

Cookies

A cookie is a small text file placed on your computer hard drive by a web page server. Cookies may be accessed later by our web server. Cookies store information about your use of our web site. Cookies also allow us to provide you with more personalised service when using our web site.

TorFX uses cookies to:

• determine whether you have previously used the TorFX web site;
• identify the pages you have accessed; and
• facilitate administration of the site and for security purposes.
• Most web browsers are set to accept cookies but you may configure your browser not to accept cookies. If you set your browser to reject cookies you may not be able to make full use of the TorFX web site.

We may share web site usage information about visitors to the web site with reputable advertising companies for targeting our Internet banner advertisements on this site and other sites. For this purpose, pixel tags (also called clear gifs or web beacons) may be used to note the pages you have visited. The information collected by the advertising company through the use of these pixel tags is not personally identifiable.

To administer and improve our web site, we may use a third party to track and analyse usage and statistical volume information, including page requests, form requests, and click paths. The third party may use cookies to track behaviour and may set cookies on behalf of us. These cookies do not contain any personally identifiable information.

E-mail address

If you provide us with your e-mail address during a visit to our web site it will only be used for the purpose for which you provided it to us. It will not be added to a mailing list without your consent unless the mailing list is related to the purpose for which you provided your e-mail address to us. We may use your e-mail address, for example, to provide you with information about a particular service or respond to a message you have sent to us.

If you subscribe to one of our services and provide your e-mail address to us so that we may communicate with you through e-mail, we may also use your e-mail address to advise you of upgrades and changes to those services.

Unsolicited personal information

Where we receive personal information about an individual which is unsolicited by us and not required for the provision of our services, we will destroy the information (provided it is lawful and reasonable for us to do so).

Notification of the collection of personal information

When we obtain personal information about you, we ensure that you have our contact details and that you are aware of the collection of information and our purposes for doing so. As per above, we are unable to provide certain services if the requested information is not provided. We do not disclose your information to third parties, unless they are related entities or services providers, in which case they are required to conform to our procedures, or we are otherwise required to disclose your information to comply with our legal obligations (as described below).

Use and disclosure of personal information

TorFX collects and holds personal information about an individual principally for the purpose of providing financial services. We mainly collect this information with your consent as per our application form or other documentation, for the primary purpose disclosed to you at the time of collection.

However, in some cases TorFX will use or disclose personal information for secondary purposes (any purpose other than a primary purpose). Personal information primarily obtained to provide financial services may be applied to secondary purposes if those purposes directly relate to the primary purpose or you give us your consent.

We may use your personal information to:

• process your account application and manage your account;
• respond to any specific requests you may make of us;
• handle any dispute or complaint;
• notify you of any products that may be of interest to you;
• audit and monitor the services we provide to you;
• update your personal files; and
• enable us to meet our obligations under law or regulation, for example, the Financial Markets Conduct Act 2013, our market services licence conditions, the Financial Markets Authority Act 2011, the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and New Zealand taxation laws.

You agree that we may disclose your personal information to:

• our agents, contractors or third party service providers to enable them to provide administrative and other support services to us in providing services to you;
• payees, card issuers, banks and payment service providers in connection with your transactions;
• other companies within our group if they are providing you or us with services;
• your joint account holders, your professional advisers, representatives and attorneys;
• our professional advisers;
• your IP (internet protocol address) may be shared with analytics and search engine providers who provide services regarding our web site;
• a buyer of our business together with the buyer’s professional advisers and sponsors, subject to confidentiality undertakings;
• our affiliates and members of our referral network, if the information is required to provide the product or service you have requested, or to provide you with an opportunity to participate in their products or services; and
• where the disclosure is required by law, for example to government agencies, the police and regulatory bodies in New Zealand or elsewhere as part of our statutory obligations, or for law enforcement purposes.
• To help us improve our services to you, we may engage another business to help us to carry out certain internal functions such as account processing, fulfillment, client service, client satisfaction surveys or other data collection activities relevant to our business. We may also provide a party with client information from our database to help us to analyse and identify client needs and notify clients of product and service offerings. Use of the information shared is strictly limited to the performance of the task we request and for no other purpose.

You may direct us not to disclose your personal information to certain non-affiliated third parties. To opt out of sharing personal information with non-affiliated third parties, please contact a client service representative. An opt out election made by one account owner of a joint account is applicable to all account owners of the joint account. An opt-out election must be made for each separate account you hold with us.

Direct Marketing

TorFX will use personal information obtained for the provision of financial services, for the secondary purpose of direct marketing only where:

• TorFX collected the personal information from the individual; and
• The individual would reasonably expect TorFX to use or disclose the information for the purpose of direct marketing; and
• TorFX provides a simple means through which an individual can request to not receive marketing communications; and
• The individual has NOT requested such communications cease.
• Often the law requires us to advise you of certain changes to products/ services or regulations. You will continue to receive this information from us even if you choose not to receive direct marketing information from us. We will not disclose your information to any outside parties for the purpose of allowing them to directly market to you.

Cross border disclosure/Sensitive information/Use of government identifiers/Anonymity & Psuedonymity

If you wish, you may tell us that you consider certain personal information to be sensitive, and we will note this in our records and tailor our services to meet your needs.

Wherever lawful and practicable, individuals may deal anonymously with TorFX but given the nature of our services, it is unlikely that this will be a viable option. TorFX does not use unique identifiers (e.g. tax file numbers) to identify individuals.

Quality of personal information

TorFX takes all reasonable steps to ensure the personal information held about individuals is accurate, up-to-date and complete. We verify personal information at the point of collection. The accuracy of records is also maintained by regular mail-out of statements.

TorFX encourages you to help us by telling us immediately if you change your contact details (such as your phone number, street address or email address) or if any of your details need to be corrected or updated. A person wishing to update their personal information may contact our staff or the Privacy Officer on the contact details shown within this document.

Access to personal information

Where a person requests access to their personal information, our policy is, subject to certain conditions (as outlined below) to permit access. TorFX will correct personal information where that information is found to be inaccurate, incomplete or out of date. We will not charge you a fee for your access request but may charge you the reasonable cost of processing your request.

If a person wishes to access their personal information or correct it, they should contact the Privacy Officer, and we will seek to provide such information as soon as it is reasonably practicable and in any case not later than 20 working days, and in the manner so requested (where reasonable to do so).

TorFX may not always be able to give you access to all the personal information we hold about you. If this is the case, we will provide a written explanation of the reasons for our refusal, together with details of our complaints process for if you wish to challenge the decision.

We may not be able to give you access to information in the following circumstances:

• Where we reasonably believe this may pose a serious threat to the life, health of safety of any individual or to public health/safety;
• Which would unreasonably impact the privacy of another individual;
• Where such request is reasonably considered to be frivolous or vexatious;
• Which relates to existing or anticipated legal proceedings which would otherwise not be accessible in the discovery process relating to such proceedings;
• Which would reveal our intentions and thereby prejudice our negotiations with you;
• Which would be unlawful;
• Which is prohibited by law or a court/tribunal order;
• Which relates to suspected unlawful activity or serious misconduct, where access would likely prejudice the taking of appropriate action in relation thereto;
• Where enforcement activities conducted by or on behalf of an enforcement body may be prejudiced; or
• Where access would reveal details regarding a commercially sensitive decision-making process.

Correction of personal information

Where TorFX believes information we hold about an individual is inaccurate, out-of-date, incomplete, irrelevant or misleading, OR an individual requests us to correct information held about them, TorFX will take all reasonable steps to correct such information as soon as it is reasonably practicable after receiving the request and in any case not later than 20 working days. No fees are payable for such requests. If you request us to similarly advise a relevant third party of such correction, we will facilitate that notification unless impracticable or unlawful for us to do so. You can contact our Privacy Officer to request a change or update to your personal information – please see the contact details below.

If TorFX intends to refuse to comply with your correction request, we will notify you in writing of our reasons for such refusal, and the complaints process you may TorFX if you wish to challenge that decision. You may also request that we associate the personal information we hold with a statement of correction regarding your view of its inaccuracy.

Notifiable Data Breaches Scheme

We will report notifiable privacy breaches to the affected individual(s) and the New Zealand Privacy Commissioner in relation to the (including suspected) unauthorised access or disclosure of personal information held, which is likely to result in serious harm to the relevant individual(s), and where we have been unable to prevent the likely risk of serious harm with remedial action.

We will formulate a data breach response plan, to limit any negative consequences of such a breach. An effective response involves a process to contain, assess, notify and prevent.

Security of personal information

We take reasonable steps and precautions to keep personal information secure from loss, misuse, and interference, and from unauthorised access, modification or disclosure

If you use the Internet to communicate with us, you should be aware that there are inherent risks in transmitting information over the Internet. TorFX does not have control over information while in transit over the Internet and we cannot guarantee its security.

Where information is no longer required to be held or retained by TorFX for any purpose or legal obligation, we will take all reasonable steps to destroy or de-identify the information accordingly.

Privacy Complaints

If you have a complaint relating to our compliance with privacy laws or our treatment of your personal information, please contact our Privacy Officer at the contact details below. We will investigate your complaint and endeavour to resolve the issue to your satisfaction. If you are not satisfied with the outcome of your complaint, you have the right to lodge a complaint with the Office of the Privacy Commissioner (OPC) by telephoning 0800 803 909 or by visiting their website at www.privacy.org.nz

Contacting us with questions or requests

If you have any questions about this Privacy Notice or TorFX’s information practices, you can contact us by emailing: [email protected] or by writing to us at: Data Protection Officer, TorFX Pty Ltd Suite 202, 27 Elkhorn Avenue, Surfers Paradise, QLD 4227, Australia.

Complaints to the Data Protection Officer

If you have a complaint about how we handle data protection issues or how we have responded to a request, please email [email protected] .Our Compliance team and Data Protection Officer will investigate your complaint and respond to you.