Privacy Policy

As an Australian Financial Services licensee, Novus Capital Limited ("Novus Capital") is subject to legislative and other regulatory requirements which necessitate the obtaining and holding of information which personally identifies those persons with whom it transacts business.

Novus Capital is bound by the Australian Privacy Principles ("APPs") established under the Privacy Act 1988 and the Privacy Amendment (Enhancing Privacy Protection) Act 2012.

Collection of Personal Information

Personal information is information or 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.

At Novus Capital, our ability to provide financial products and services to our clients is dependent on obtaining personal information about each client, including information about the client's investment objectives, financial situation and particular needs. Novus Capital is also obliged to collect information about its clients and persons associated with some clients to satisfy regulatory requirements aimed at mitigating money laundering.

Where a client does not provide personal information which is sought, Novus Capital may be unable to open (or in some circumstances, to continue to maintain) an account for a client or provide all its services to a client, and may prevent Novus Capital from complying with all its legal or regulatory obligations. It may also result in any investment advice being made without reference to the client's investment objectives, financial situation and particular needs.

Guidelines issued by the Privacy Commissioner state that a person has the right to choose not to quote a tax file number and that a tax file number may not be used or disclosed to establish or confirm the identity of a person for any purpose not authorised by taxation, assistance agency or superannuation law. As a securities dealer, Novus Capital may request a client to provide that client's tax file number with a view to that tax file number information being disclosed to investment bodies (including public companies) when making investments on behalf of that client. While not providing a tax file number may lead to amounts being withheld for taxation, it is a client's right not to quote their tax file number.

Novus Capital only collects personal information about a client when the client has knowingly provided that information directly to Novus Capital or when Novus Capital, or a third party service provider acting on its behalf, has made reference to either a credit agency as to a client's credit worthiness or another agency for the purposes of confirming aspects of the client's identity for anti-money laundering purposes.

Novus Capital may also collect personal information about officers and staff of our corporate clients; as well as contact people in regulatory bodies, external service providers and the investment industry.

Dealing with unsolicited information:

Novus only solicits and collects personal information from clients in order for us to provide financial services to them. If unsolicited personal information is received by Novus Capital, that it would not have collected under APP 3, then we will destroy or de-identify the information as soon as practicable and if it is lawful.

Disclosure of information to overseas recipients:

Novus Capital is required under the Privacy Act to disclose whether it is likely to disclose personal information to overseas recipients. Currently Novus Capital does not disclose personal information to overseas recipients. Should this change Novus will provide information about such disclosure, including, where practicable, countries, or in certain cases obtain prior express consent from its clients.

Use and Disclosure of Personal Information

Client information collected by Novus Capital enables Novus Capital to:

  • assess the client's application to open an account, including assessing the client's credit worthiness;
  • take account of the client's investment objectives, financial situation and particular needs in providing any personal advice to the client;
  • effect purchases and sales of securities and other transactions on behalf of the client and provide related facilities and services (including settlement and sponsorship services); and
  • facilitate compliance with the terms and conditions of agreements with the client for trading on a securities market and with all applicable legal or regulatory requirements.

Novus Capital will not use or disclose any personal information collected by it for any purpose other than:

  • the purposes for which it was provided or secondary related purposes in circumstances where the client would reasonably expect such use or disclosure;
  • where the client has consented to such disclosure; or
  • where the National Privacy Principles authorise use or disclosure where required or authorised under law in circumstances relating to public health and safety or in connection with certain operations by or on behalf of an enforcement body.

Uses and disclosures of personal information collected by Novus Capital include, but are not limited to, the following:

  • the use or disclosure of personal information as required by the ASX Business Rules, the SCH Business Rules, the Corporations Act or any other applicable law;
  • the disclosure of personal information to issuers of financial products marketed by Novus Capital;
  • the disclosure of a client's tax file number (if supplied) to companies in which investments are made on that client's behalf; and
  • the use of personal information within Novus Capital or its associated entities to establish future strategies and for the development of products or services and for the marketing those products and services.

In order for third party providers of services (such as execution, clearing and settlement services; margin lending services and any bank which operates a cash management account in the client's name) to effect or fund dealings in securities on behalf Novus Capital for clients, the disclosure and use of client personal information may be required. Novus Capital will only provide access to such information where it is reasonably satisfied that such third party service providers have adequate arrangements in place relating to the use and disclosure of client personal information.

Novus Capital is also obliged by the Corporations Act to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission.

Direct Marketing

Novus Capital may use the personal information collected from a client for the purpose of providing the client with direct marketing material such as product offerings and reports that may be of interest to the client (the client may request not to receive such information and Novus Capital will give effect to that request, please contact The Novus Privacy Officer for assistance.

Novus does not disclose, sell or provide any personal information, including contact details, to any unrelated third party for the purposes of direct marketing.

Storage and Security

Novus Capital will at all times seek to ensure that the personal information collected and held by it is protected from misuse, interference, loss, unauthorised access, modification or disclosure. At all times a client's personal information will be treated as confidential. A client's personal information is generally held in the client's client file. Information may also be held in one or more computer databases.

In the event a client ceases to be a client of Novus Capital, any personal information which is held about the client will be retained for a period of 7 years in order to comply with legislative requirements; following that time, the information will be destroyed.

Access to Information

A client may contact Novus Capital and request access to their personal information and Novus Capital will (subject to the following exceptions) provide the client with access to that information either by providing copies of the information requested, allowing the client to inspect the information requested or providing the client with an accurate summary of the information held. Prior to providing such access, Novus Capital will require the client to provide evidence of identity.

Novus Capital will not provide the client with access to the client's personal information if providing access would have an unreasonable impact on the privacy of others, the request for access is frivolous or vexatious, the information relates to existing or anticipated legal proceedings between Novus Capital and the client and would not be discoverable in those proceedings, denying access is required or authorised by or under law, providing access would be unlawful, providing access would be likely to prejudice operations by or on behalf of an enforcement body, and/or an enforcement body has requested that access not be provided on the grounds of national security.

In the event that a client's request for access is refused Novus Capital will provide the client with a written explanation for that refusal, and the mechanisms available for you to complain about the refusal.

Novus Capital will endeavour to respond to any request for access within 14 to 44 days depending on the complexity of the information and/or the request. If the request is urgent the client should indicate this clearly.

Correction of Information

Novus Capital will endeavour to ensure that client personal information held by it is up to date and accurate. In the event that a client becomes aware, or believes, that any personal information which Novus Capital holds about the client is inaccurate, incomplete or out-dated, the client should contact Novus Capital, through the client's adviser, and provide relevant accurate, complete and up to date personal information. Novus Capital will, if it agrees that the information requires correcting, take all reasonable steps to correct the information.

Novus Capital will endeavour to respond to any request to up-date or correct information within 14 to 44 days depending on the complexity of the information and/or the request. If the request is urgent the client should indicate this clearly.

In the event that Novus Capital believes personal information it holds is inaccurate, out-of-date, incomplete, irrelevant or misleading it will endeavour to correct the information within a reasonable timeframe.

Privacy Policy

Novus Capital will provide copies of this Privacy Policy in alternate formats upon request (such as non-English versions and for individuals with special needs such as vision impairment). Novus will respond to such requests within a reasonable timeframe depending on the complexity of the request.

Privacy Complaint

If a client has a complaint about the way in which Novus Capital has handled the privacy of that client's personal information that client should, in the first instance, contact their Novus Capital adviser. If the matter is not resolved to the client's satisfaction, please write to The Privacy Officer, Novus Capital Limited, PO Box R1464, Royal Exchange, NSW, 1225. The Privacy Officer will then investigate the complaint and will generally try to resolve the complaint within 10 business days. If a client is unhappy with the response of Novus Capital's Privacy Officer, the client is entitled to contact the Office of the Privacy Commissioner, which may investigate the client's complaint further.

Last updated: March 2014

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