Privacy Policy
Summary
Assetly is a next-generation investment and Australian Self-Managed Super Fund (“SMSF”) management platform designed to simplify and enhance the management of wealth for investors, SMSF trustees, accounting firms, financial advisors, and related financial entities globally.
It is important that you are well informed as to how we process your personal information. This Privacy Policy (the “Policy”) describes the information we collect from you and how that information is used and shared by us. It also includes details about the choices we offer you in relation to your information. Please review it carefully.
SCOPE OF POLICY
This Policy applies to you when you use or interact with our Services anywhere in the world, or our website, mobile app, or other channel (collectively, “Sites”). “Services” means any products, services, technologies or functionalities offered by Assetly. The Services we offer may vary by region.
Depending on the context, “you” may mean any of the End User, Business Customer, Representative or Visitor, with those definitions as follows:
“End User” is an end user (individual) who uses our Service, regardless of whether the End User uses our Services for personal use or otherwise. We collect an End User's personal information when provided by the Business Customer.
“Representative” is an individual who is the owner (including the ultimate beneficial owner) of, or who acts on behalf of a Business Customer (e.g. employee, director or officer of Business Customer who has authority for managing Business Customer's account with us).
“Visitor” (an individual) to our Sites or who otherwise communicates with us (e.g. if you send us a query on our website) without being logged into an Assetly account.
“Business Customer” refers to a business entity who we provide Services to, whether directly or indirectly, or do business with and such Business Customer will provide us with an End User's personal information in connection with Business Customer and that End User's respective activities. When you (as an End User or Representative) interact with a Business Customer, your personal information will be collected, retained, shared and/or stored by the Business Customer in accordance with their own privacy policies and not this Policy.
DATA CONTROLLER
As used in this Policy, “we,” “us” “our” and “Assetly” refers to the Assetly group company that acts as the data controller with respect to your information. The data controller responsible for your information under this Policy varies depending on your country of residence and/or the entity used to enter into an agreement with Assetly to provide services to you and is listed below.
Our privacy team can be contacted through the Assetly website.
THE TYPES OF PERSONAL INFORMATION WE USE
“Personal information” means any information that identifies you (whether directly or indirectly), such as your name, address, telephone number, email address, date of birth, payment card information, bank account information and any other data that is associated with your identity. The specific categories of personal information which we process are listed in the section 'How We Use Your Personal Information' below. This section describes the different types of personal information we collect from you and how we process it.
Information you provide directly to us
Account and Profile Information, Events participation, Newsletter or Content subscription:
To use our Services or attend an event or receive content we publish, you must provide certain personal information to us, including contact details and other information required to establish an account profile, identity verification information, financial information and information regarding investments your investments or payments. This information is necessary for us to perform the contracted services and also to allow us to comply with our legal obligations. If you are not able or willing to provide this information, we may not be able to provide you with all the requested Services.
Information pertaining to Survey, feedback, and promotions:
Some information you provide to us is voluntarily provided by you and not mandatory. Examples of such information include your opting to respond to our surveys, provide feedback to us about our products and services, participate in promotions or contests or otherwise communicate with us. This information allows us to provide incentives or additional features to you, evaluate our performance and to create a better user experience for you when using the Assetly platform. This additional information will be processed based on our reasonable discretion or when applicable, your consent.
Information automatically collected from your use of Services
We automatically collect certain data from you when you use the Services or visit any of our Sites where we have a legitimate interest (such as to prevent fraud or misuse, or to understand your use of and improve our Services).
This includes:
investment and financial transaction information;
transaction data, beneficiary information, card related information;
usage data;
information about the devices you use to access the Services;
recording;
log data; and
location information.
Our Cookie Policy provides additional information about the technologies we use to automatically collect your personal information mentioned above.
Information collected from third parties
We also obtain information about you from other external sources, including information obtained from our ecosystem and financial partners, payment service providers, service providers, credit bureaus, credit reference agencies or other providers of credit information, financial institutions, debt collection agencies, companies and other official registers and databases, fraud prevention agencies and partners, community forums used to post ratings or reviews, Assetly business partners or Business Customers through which you access our Services, or other sources of public records. The collection and sharing of such personal information with Assetly is also explained in such third parties' own respective privacy policies. We may combine information collected from third parties with information we collect from you directly through the Assetly platform.
Cookies
We use cookies and similar technologies (i.e. web beacons, pixels, ad tags and device identifiers) to recognise you, prevent fraud and secure our systems and network and to customise your online experience. To learn more about cookies and the other tracking technologies we may utilise, please refer to our Cookie Policy, which includes a comprehensive overview of cookies and provides further details about how we use cookies and how to control our use of cookies.
HOW WE USE YOUR PERSONAL INFORMATION
This section provides more detail on the types of personal information we collect from you, and why. For users who are resident in the United Kingdom, the European Economic Area or Switzerland (each a “Relevant Jurisdiction”), it also identifies the legal basis under which we process your personal information.
TRANSFERS AND STORAGE
We primarily host your personal information in Australia. As a global business we may also transfer your personal information to, and process your personal information in, countries outside your country of incorporation, business operations or residence, and where our affiliates, Ecosystem and Financial Partners and service providers are located. These countries may have data protection rules that are different from your country. In certain situations, we may be required to disclose your personal information pursuant to lawful requests from local law enforcement or government authorities. Assetly implements appropriate measures and safeguards to protect your personal information to meet the standards described in this Policy, including the use of mandated Standard Contractual Clauses (for the European Union) and International Data Transfer Agreement (for the United Kingdom) or any equivalent standard contracts issued by relevant authorities into its agreements (where applicable) and/or adopting alternative measures required for the lawful transfer of personal information in accordance with applicable data protection law.
Information sharing and disclosure
Only where necessary will we share your personal information with third parties. Situations where this occurs are:
A list of Assetly's third party processors and sub-processors can be found here.
DATA RETENTION
We will retain your personal information for the period of time required to comply with applicable law, for fulfilling any ongoing obligations to you or, where necessary and consistent with applicable law, for our internal business purposes.
We may retain your personal information even after you close your Assetly account or request deletion of your personal information. Examples of such cases include:
To process any transactions booked prior to closure or deactivation of an account.
To comply with anti-money laundering regulations or other laws and rules.
To detect or prevent fraud and other loss prevention activities.
To comply with legal process orders or law enforcement requests.
To collect any fees or other outstanding amount owed and payable to us by you.
To comply with our tax, accounting, and financial and regulatory reporting obligations.
Where required by our contractual commitments to our ecosystem or financial partners.
To resolve any disputes or enforce our User Agreement or other applicable agreements or policies.
To take any other action or exercise any other right in accordance with applicable law.
When a relevant retention period has passed, Assetly will destroy personal information or, where applicable, sufficiently anonymise the personal information.
For further details on how long we keep your data, please refer to the time periods set out below:
YOUR RIGHTS AND CHOICES
You have certain rights relating to your personal information. The ability and extent to which you may exercise these rights will vary depending on your location. Only the data subject (an individual), account owner or the administrator may raise data subject rights to us.
The following rights (described in detail below) apply to users in a Relevant Jurisdiction.
If you are located outside of a Relevant Jurisdiction, please review the section on Jurisdiction-Specific Rights for more information about the privacy rights afforded to you in your country or state of residence. To exercise any of your rights, please contact us through your Assetly account.
Access, correction and erasure
You may review, correct or update information you provided to us at any time by logging into your Assetly account. Prior to changing or correcting your information, we may be required to verify your identity. There may be circumstances which preclude us from providing access to some or all of your information, for example where the information contains references to personal information about an individual other than you or the information is subject to legal or proprietary protections. If there is any other personal information you believe we process that you would like to access, correct or erase, please contact us through your Assetly account.
Portability
You may have the right to receive a copy of certain personal information we process about you. This comprises any personal information we process on the basis of your consent (e.g. survey information) or pursuant to our contract with you (e.g. your name). You may have the right to receive this information in a structured, commonly used and machine-readable format. You may also have the right to request that we transfer or share that personal information to another party (e.g. a third party service provider or an ecosystem or financial partner), with certain exceptions. We will provide further information to you about this if you make such a request.
Restriction of processing
You may have a right to require us to stop processing the personal information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the personal information, we may use it again if there are valid grounds under data protection laws for us to do so (for example, for the defence of legal claims or for another's protection). Where we agree to stop processing the personal information, we will try to tell any third party to whom we have disclosed the relevant personal information so that they can stop processing it too.
Objection
You may have the right to object to our processing of your personal information. To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us for certain processing activities by contacting us through your account. Where consent is required to process your personal information, if you do not consent to the processing or if you withdraw your consent, we may not be able to deliver the expected service.
DEVICE & MARKETING
Device Permissions
Most mobile devices allow you to disable the use of location services, or revoke consent to applications to access your camera and photo library or send you push notifications information. Please refer to your device settings to restrict collection of certain information.
Notifications
We may from time to time send you notifications when we consider it necessary to do so (for example, when we temporarily suspend access to the Services for maintenance, or security, privacy or administrative-related communications). You may not opt-out of these service-related notifications, which are not promotional in nature.
Marketing Opt-Out
As described in section 4, we only send you promotional communications with your consent. You can opt out of receiving such promotional communications from us by following the instructions included in those messages or by logging into your Assetly account and changing your preferences. Please note that if you opt out of marketing-related emails from us, we will continue to send you non-promotional messages that are required to provide our Services, such as transactional receipts and messages about your account or our relationship with you.
ADVERTISING AND ANALYTICS
We may partner with third parties to display advertisements to you on websites you visit. These third-party partners use cookies and other technologies to gather information about your activities on our Sites as well as other sites you visit in order to serve you advertising based upon your browsing history and interests. To learn more about behavioural advertising and online tracking, visit the Network Advertising Initiative. This website also provides information about how to opt out of interest-based online advertising delivered by member companies. You can learn more about Google's practices here. For more information about the cookies that may be served through use of our services, please refer to our Cookie Policy.
SECURITY
We implement and update technical and physical security measures to safeguard your personal information against loss, misuse or unauthorised access, use of disclosure on an ongoing basis. Safeguards used to protect your information include firewalls, data encryption, and access controls. Please keep in mind that the transmission of information over the Internet is never 100% secure and no data storage system can be guaranteed safe. Although we will do our best to protect your personal information, we cannot warrant the security of data transmitted to our Sites; any transmission is at your own risk. We encourage you to understand the integral role you play in keeping your own personal information secure and confidential. Please select passwords that are sufficiently complex and always keep our log-in details secure. If you suspect any unauthorised use or access to your account or information, please contact us immediately.
CHILDREN'S PRIVACY
The Sites and Services are not intended for or directed at children. By children we mean users under the age of 16 or in the case of a country where the minimum age for processing personal information differs, such different age.
We do not knowingly collect any information from children. If we obtain actual knowledge that we have collected personal information from a child, we will immediately delete it (unless we are legally obligated to retain such information). Please contact us if you believe that we inadvertently collected information from any child.
THIRD PARTY LINKS AND SERVICES
The Sites may include links to third party websites or services, such as third-party articles, third-party integrations, co-branded services, or third-party branded services (“Third-Party Sites”). Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not own or control these third-party websites and when you engage with these Third-Party Sites, you may be providing information directly to the Third-Party Site, Assetly, or both. Third-Party Sites will have their own policies about the collection, use and disclosure of your information. Please review those policies for more information.
UPDATE TO THIS POLICY
We reserve the right to make changes to this Policy at any time by posting a revised version to our Site and updating the 'Updated' date at the top of this Policy. To the extent permitted by applicable law, your continued use of our services after such notice or posting constitutes your consent to our revisions of this Policy. If you disagree with any of our changes, you may deactivate your account with us at any time.
CONTACT
If you have questions or concerns about this Policy or a specific request related to your personal information, please contact us through your Assetly account.
If you wish to make an inquiry regarding how we process your personal information, please contact us and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the data protection authority in the country in which you live or work where you think we have infringed data protection laws.
LANGUAGE
Except as otherwise set out by law, in the event of any inconsistency between the English version and local language version of this Policy (where applicable), the English version shall prevail.
JURISDICTION-SPECIFIC RIGHTS
Some jurisdictions' laws contain additional terms for users of the Services, which are set out in this section. If you are a customer of Assetly entity located in one of the jurisdictions below, the terms set out below under the name of your jurisdiction apply to you in addition to the terms set out in our Policy above.
For customer of Assetly Australia
Overseas Recipients
You consent to the transfer of personal information to third parties outside Australia, and acknowledge that while we take reasonable steps to ensure that such third parties handle your personal information in accordance with Australian privacy laws, we will not be liable for the acts and omissions of these overseas third party recipients.
Access
You have the right to access personal information we hold about you, how we use it, and who we share it with. You can access the personal information you have made available as part of your account by logging into your account. If you believe we hold any other personal information about you, please contact us through your Assetly account.
Correction
You have the right to correct any of your personal information we hold that is inaccurate. You can access the personal information we hold about you by logging into your account. If you believe we hold any other personal information about you and that information is inaccurate, please contact us through your Assetly account.
Transacting Anonymously
Where possible we will give you the option of not identifying yourself when using the Service. You acknowledge that if you do not provide us with your personal information, we may be unable to provide you with access to certain features or sections of the Services.
Your Rights
If you are dissatisfied with our response to your request for access to, or correction of, your personal information or your privacy complaint in respect of your personal information, you may contact the Office of the Australian Information Commissioner (Telephone: +61 1300 363 992 or email: enquiries@oaic.gov.au).
Data Transfers
While we take reasonable steps to ensure that third party recipients of your personal information comply with privacy laws that are similar to those of your jurisdiction, you acknowledge and agree that we cannot control the actions of third party recipients and so cannot guarantee that they will comply with those privacy laws.