This Policy applies to Reach Markets Pty Ltd (ABN 16 615 714 442, CAR 431191) and Reach Trading Pty Ltd (ABN 16 615 714 442, CAR 1265855) and Reach Trading Premium Pty Ltd (ABN 627 483 194, CAR 001274513) who are all corporate authorised representatives of the Reach Financial Group Pty Ltd, who are the holder of AFSL 333297. The Licensee and its Authorised Representatives (sometimes referred to as ‘Reach Markets’, ‘Reach Trading’ ‘Reach Trading Premium’ ‘Reach’, ‘we’, ‘us’ ‘the licensee’ or ‘our’ throughout this Policy.

The Policy extends to and covers all operations and functions of those organisations.

All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use personal information collected and held by Reach must abide by this Privacy Policy. Reach makes this Policy available free of charge and can be downloaded from its website www.reachmarkets.com.au.

This Policy outlines Reach’s obligations to manage and protect personal information. Reach is bound by the Australian Privacy Principles (‘APPs’) and the Privacy Act 1988 (‘Privacy Act’). This Policy also outlines Reach’s practices, procedures and systems that ensure compliance with the Privacy Act and the APPs.

In this Privacy Policy:

• ‘Disclosing’ information means providing information to persons outside Reach;
• ‘Individual’ means any persons whose personal information we collect, use or disclose.
• ‘Personal information’ means information or an opinion relating to an individual, which can be used to identify that individual;
•  ‘Sensitive information’ is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and includes health information; and
• ‘Use’ of information means use of information within Reach.

Reach is also obligated under the Notifiable Data Breach Scheme to ensure that any eligible breach of client’s personal data, which is likely to result in serious harm to any individuals is managed accordingly, reported to the regulators and the client is advised.

We collect and hold the following kinds of personal information about individuals:

• name
• address
• phone numbers
• email addresses
• occupation
• bank account details
• passport or drivers’ licence details
• nationality
• business structures
• employment information
• source of wealth
• investment information
• any other information that is relevant to the services that we provide.

We are also required to collect and hold Personal Information under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) which may include Sensitive Information in certain circumstances.

We generally collect personal information directly from the individual. For example, personal information will be collected when an individual opens an account with us, visits our website, or sends us correspondence. Sometimes we may collect personal information about the individual from a third party. When we are provided with personal information from a third party, we will take reasonable steps to ensure that the individual is or has been made aware of the matters set out in this Privacy Policy. Should a third party provide us with client’s Personal Information, it is assumed that the client has provided consent for that third party to do so, unless we are otherwise notified.

Reach will also collect your personal information for verification through the Green ID system – a client identification verification tool. This will assist us in adhering to our AML/CTF obligations.

Reach will not collect sensitive information unless the individual has consented or an exemption under the APPs applies. These exemptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

If the information we request is not provided, we may not be able to provide customers with the benefit of our services.

Reach does not give individuals the option of dealing with them anonymously, or under a pseudonym. This is because it is impractical for Reach to deal with individuals who are not identified.

Reach may receive unsolicited personal information about individuals. Reach employees are required to notify the Compliance Officer of all unsolicited personal information received by them. We destroy or de-identify all unsolicited personal information, unless the personal information is relevant to Reach purposes for collecting personal information.

The personal information we may collect, and hold includes (but is not limited to) personal information about the following individuals:

• clients;
• potential clients;
• service providers or suppliers;
• prospective employees, employees and contractors; and
• other third parties with whom we come into contact.

We collect personal information from our websites (www.reachmarkets.com.au and www.impliedvolatility.com.au) when we receive emails and online forms. We may also use third parties to analyse traffic at that website, which may involve the use of cookies. Information collected through such analysis is anonymous. A cookie is an electronic mechanism which can trace access and use of Personal Information contained within websites. By using our website, you consent to the use of cookies. Any Personal Information obtained through the use of cookies may be used to enhance the products and services that we provide.

We may use and disclose the information we collect about an individual for the following purposes:

• to assist Reach in providing a financial product or service to an individual, including portfolio, trading and education services;
• to consider and assess an individual’s request for a product or service;
• to provide an individual with information about a product or service and invite an individual to marketing events;
• to protect our business and other customers from fraudulent or unlawful activity;
• to conduct our business and perform other management and administration tasks;
• to consider any concerns or complaints an individual may have;
• to manage any legal actions involving Reach Financial Group, Reach Markets, Reach Trading and Reach Trading Premium;
• to comply with relevant laws, regulations and other legal obligations, including the Anti-Money Laundering and Counter-Terrorism Act 2006 and Corporations Act 2001; and
• to help us improve the products and services offered to our customers, and to enhance our overall business.

Reach may use and disclose personal information for the primary purposes for which it is collected, for reasonably expected secondary purposes which are related to the primary purpose and in other circumstances authorised by the Privacy Act.

We use and disclose personal information for the purposes outlined in section 7 above. Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless the individual agrees otherwise, or where certain other limited circumstances apply (e.g. if required by law).

We engage other people to perform services for us, which may involve that person handling personal information we hold. In these situations, we prohibit that person from using personal information about the individual except for the specific purpose for which we supply it. We prohibit that person from using your information for the purposes of direct marketing their products or services.

In relation to sensitive information held by us, wherever possible, Reach will attempt to de-identify the information. We also undertake to take reasonable steps to delete all personal information about an individual when it is no longer needed.

We may disclose personal information to:

• a related entity of Reach Financial Group, including Reach Markets and Reach Trading;
• our Corporate Authorised Representative Reach Trading Premium,
• an agent, contractor or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, trading platform providers and portfolio service providers;
• organisations involved in a transfer or sale of all or part of our assets or business;
• organisations involved in managing our payments, payment merchants and other financial institutions such as banks;
• any financial market, clearing house, settlement facility, lender, credit provider, custodian, share registry or software provider;

• any person who acts on behalf of our clients, as applicable, including their financial intermediary, authorised persons, solicitor, settlement agent, accountant, executor, administrator, trustee, guardian or attorney;

• regulatory bodies, government agencies, law enforcement bodies and courts; and
• anyone else to whom the individual authorises us to disclose it or as required by law.

We may also collect personal information from these organisations and individuals and will deal with that information in accordance with this Policy.

We may disclose personal information to recipients that are located outside Australia in some circumstances. We use data storage providers. These providers operate internationally and therefore personal information may be sent to servers that are located overseas. It is impracticable for us to list the locations in which these servers may be located.

We will not send personal information to recipients outside of Australia unless:

• we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs;
• the recipient is subject to an information privacy scheme similar to the Privacy Act; or
• the individual has consented to the disclosure.

Reach recognises how important the security of personal information is to clients. We will always seek to ensure that the personal information we collect, and hold is protected from misuse, loss, unauthorised access, modification or disclosure. Reach employees must respect the confidentiality of the personal information we collect and personal Information will only be available to Reach employees on a need-to-know basis in order to perform their duties.

Personal information is generally held in client files and within in a computer database. All paper files are stored in secure areas. Computer-based information is protected through the use of access passwords.

In relation to our computer-based information, we apply the following guidelines:

• data ownership is clearly defined within Reach;
• passwords are routinely checked;
• we change employees’ access capabilities when they are assigned to a new position;
• employees have restricted access to certain sections of the system;
• the system automatically logs and reviews all unauthorised access attempts;
• the system automatically limits the amount of personal information appearing on any one screen;
• unauthorised employees are barred from updating and editing personal information;
• all personal computers which contain personal information are secured, physically and electronically;
• data is encrypted during transmission over the network;
• print reporting of data containing personal information is limited;
• having a Clean Desk Policy;
• Reach has created procedures for the disposal of personal information; and
• personal information is overwritten to the extent possible when the information is no longer required.

Where we no longer require the personal information for a permitted purpose under the APPs, we will take reasonable steps to destroy it.

Reach does not use personal information for the purposes of direct marketing, unless:

• the personal information does not include sensitive information; and
• the individual would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
• a simple way of opting out of direct marketing is provided; and
• the individual has not requested to opt out of receiving direct marketing from us.

If the individual would not reasonably expect us to use or disclose the information for the purpose of direct marketing, we may only use or disclose that information for direct marketing if the individual has consented to the use or disclosure of the information for direct marketing or it is impracticable to obtain that consent.

In relation to sensitive information, Reach may only use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

Individuals have the right to request to opt out of direct marketing and we must give effect to the request within a reasonable period of time.

Individuals may also request that Reach provides them with the source of their information. If such a request is made, Reach must notify the individual of the source of the information free of charge within a reasonable period of time.

We will not use identifiers assigned by the Government, such as a tax file number, Medicare number or provider number, for our own file recording purposes, unless one of the exemptions in the Privacy Act applies. Reach endeavours to avoid data-matching, being the comparison of data collected and held for two or more separate purposes in order to identify common features in relation to individuals, as a basis for further investigation or action in relation to those individuals. Reach may be required to collect Government Related Identifiers to verify a client’s identity in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act.

Reach is committed to ensuring that the personal information it collects, uses and discloses is relevant, accurate, complete and up-to-date.

We encourage individuals to contact us to update any personal information we hold about them. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge individuals for correcting the information.

Subject to the exceptions set out in the Privacy Act, individuals may gain access to the personal information that we hold about them by contacting the Reach Financial Group Compliance Officer. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.

An individual’s request for access to his or her personal information will be dealt with by allowing the individual to look at his or her personal information at the offices of Reach Markets or Reach Trading Premium. We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access.

As provided for in the General Data Protection Regulation, you have the right to access your data; to correct or rectify your data; to delete your data subject to applicable law; to have your data processed only in accordance with applicable law; to have copies of your data to be moved to another controller; to object to our processing your data otherwise than in accordance with the law; and to withdraw any consent to our processing your data at any time. Please email [email protected] to exercise any of those rights.

Reach must now also comply with the NDB Scheme which has been set up under part of the Privacy Act to establish requirements for companies when responding to any kind of data breaches. The scheme only applies where the breach involves personal information that is likely to result in serious harm to the individual affected.

A data breach may occur from unauthorised access to information, unauthorised disclosure or loss of personal information.  In the unlikely event of this occurring Reach must assess whether the breach of data is likely to cause serious harm to the individual affected. Factors to consider are the likelihood and consequences of the harm eventuating for individuals. Should Reach determine that a breach has occurred we must take positive steps to address the breach in a timely manner and notify the affected individual/s and the Commissioner.

Notification must be done as soon as practicable after becoming aware of the breach.

This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. Changes to this policy will be reviewed by Reach Financial Group Compliance Committee.

It is the responsibility of all employees and other relevant parties to ensure that they understand and comply with this Privacy Policy.

All new employees are provided with timely and appropriate access to Reach Privacy Policy. All employees are provided with opportunities to attend privacy training, which covers our obligations under the Act and the APPs. Employees must ensure that they understand the Privacy related issues that could adversely affect Reach and its customers if not properly adhered to.

Privacy breaches must be reported to management by employees and relevant third parties. Ignorance of the Privacy Policy will not be an acceptable excuse for non-compliance. Employees or other relevant third parties that do not comply with this Privacy Policy may be subject to disciplinary action.

Reach has an effective complaint handling process in place to manage privacy risks and issues. If you have any questions about our privacy procedures or if you wish to make a complaint about how we have dealt with your personal information you may contact us in any of the following ways:

by telephoning – (03) 8080 5795

• by writing to – Reach Financial Group Pty Ltd, Compliance Officer, Level 8, 525 Flinders Street Melbourne VIC 3000

by emailing – [email protected]

The complaints handling process involves:

• identifying (and addressing) any systemic/ongoing compliance problems;
• increasing consumer confidence in the Reach privacy procedures; and
• helping to build and preserve Reach’s reputation and business.

Complaints should first be made in writing to Reach, as required by the Privacy Act. We will then endeavour to respond to a complaint within 45 calendar days, in keeping with our Complaints Handling Policy. Where you may still not be satisfied with the response to your complaint, you have the right to complain to:

Australian Financial Complaint Authority (AFCA)

Phone: 1800 931 678 (free call)

Website: www.afca.org.au

Email: [email protected]

Mail: Australian Financial Complaints Authority

GPO Box 3, Melbourne, VIC, 3001

On any occurrence when you may still remain dissatisfied with the outcome of the complaint by AFCA, you can lodge a complaint with the Office of the Australian Information Commissioner using their Privacy Complaint form on their website (www.oaic.gov.au) or through the following contact details:

• by telephoning – 1300 363 992
• by writing to – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001

If you are in the EU, you may contact one of the EU data protection regulators found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Reach must ensure that all contractual arrangements with third parties adequately address privacy issues. Reach will make third parties aware of this Privacy Policy.

Third parties will be required to implement policies in relation to the management of an individual’s personal information in accordance with the Privacy Act. These policies include:

• regulating the collection, use and disclosure of personal and sensitive information;
• de-identifying personal and sensitive information wherever possible;
• ensuring that personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and
• ensuring that the personal and sensitive information is only disclosed to organisations which are approved by Reach.