Lower Capital | Privacy

The Lower Capital Pty Ltd (“Lower Capital”) Privacy Policy is applicable to all clients, users of this website, or any persons from whom any member of Lower Capital has collected or collects personal information. Lower Capital places the utmost importance on the confidentiality and privacy of your information in providing its services to clients. In the collection, use and handling of your personal information, Lower Capital complies with the Australian Privacy Principles as required under the Privacy Act 1988 (Cth).

You may be reading this Privacy Policy because you have provided, or may soon be providing, your personal information to an employee of Lower Capital with whom you have established or will establish a relationship with. By providing us with such personal information, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, handling and disclosure of your information in the manner and for the purposes described in this Privacy Policy and as may be indicated on the document (including any online forms), through which you provide such information to us.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy rules, regulations, or policies of third parties with whom we may be required to share your personal information, that apply to the products and services provided by Lower Capital. To the extent you are made aware of these, in the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

What personal information we collect about you

The term “personal information” in this Privacy Policy, is as that term is defined in the Privacy Act 1988 (Cth). The personal information that we collect about you will depend on the Lower Capital services and products that you use. The types of information we have collected, or may collect, and hold will include (but are not limited to) information we use to identify you and any other information that may be necessary to provide you with our services and products. Such information may include details such as your name, date of birth, address, contact details, bank account and tax file numbers.

Where possible, we will collect your personal information from you directly. There may, however, be circumstances where it may be necessary to collect your personal information from third parties. Examples of this include (but are not limited to):

for payment purposes at your direction;
to verify your identity and for customer due diligence purposes;
for the prevention and detection of money laundering and terrorism financing, fraud, or other illegal activities;
background checking and verification in connection with recruitment;
where we are required or authorised by law to do so;
for the purposes of providing you with products, services or information in accordance with your requests or reasonable expectations; or
where you have consented to it.

Use and disclosure of your personal information

How we use your personal information will vary depending on the reasons why we have collected your information, the services and products you have applied for or use, and the relationship you have with Lower Capital. By providing your personal information to us, you consent to our use of your personal information for any purpose which is related to the purpose for which such information has been collected by Lower Capital.

From time to time, your personal information may be disclosed to third parties for purposes related to the purposes for which your personal information was collected, with your consent or as authorised or required by law. Lower Capital does not share your personal data with third parties for those third parties’ direct marketing use. We may disclose your personal information to the following third parties:

any third-party service providers carrying out functions for or on behalf of Lower Capital;
any person acting on your behalf;
government agencies, courts of law, tribunals or regulators; and/or
any other third party with your consent or where authorised or required by law.

Depending on the services or products you have subscribed for, or our relationship with you, we may use and disclose your personal information for the purposes of:

providing you with products, services or information in accordance with your requests or reasonable expectations;
determining whether Lower Capital may or may not have other services or products which may foreseeably meet your needs or may be of interest to you, and to notify you about these;
informing you of our services or products, except where you have requested that you are not contacted with any marketing communications in relation to any products or services which we feel may be of interest to you;
identity verification and customer due diligence purposes;
the prevention and detection of money laundering and terrorism financing, or any other illegal activities;
background checking and verification in connection with recruitment;
compliance with applicable laws;
any other purpose to which you have consented; or
disclosure where required or authorised by law.

If you do not consent to the collection or use of some or all of your personal information

If you do not consent to the collection or use of some or all of your information, or if the information we have requested from you is inaccurate or incomplete, Lower Capital may not be able to provide you with any of the requested products or services. Where such failure to provide personal information constitutes suspicious activity under applicable law, we may be required to report such failure to the relevant authorities without informing you.

Transferring your information outside Australia and cloud computing

The global nature of markets means that in the provision of products and services to you, Lower Capital may need to disclose your information to third party service providers carrying out functions on behalf of Lower Capital. By providing us with your personal information, you acknowledge that such parties above may be located outside of Australia (as relevant to you).

From time to time, Lower Capital or its third-party service providers may store your information in cloud or other types of networked systems. Information stored in cloud or network-based systems can be accessed from and transferred between, various countries over the internet, and as such, it is not always practicable to know in which country your information may be held. Countries in which your information may be held will have privacy and data protection laws that may differ from those of Australia and overseas organisations may be required to disclose information that Lower Capital has shared with them, under foreign laws – in such circumstances, you may not hold Lower Capital liable for such disclosure.

If we disclose your personal information outside Australia, we comply with trans-border data ﬂow privacy standards under the Privacy Act, for example, by taking reasonable steps to:

ensure that the recipient does not breach the Australian Privacy Principles;
protect the information being held, used or disclosed by the recipient; and
ensure that the recipient is subject to substantially similar privacy laws as Australia (or where that recipient is not – that you have consented to such disclosure).

Employee record exemption

In Australia, this Privacy Policy does not apply to personal information provided to, held, or used by Lower Capital where that information forms part of an employee record for the purposes of the Privacy Act 1988.

Security of your personal information

Lower Capital takes reasonable steps to preserve the security of personal information it collects. Personal information of clients, applicants and any other individuals are held in a secure environment in writing, electronically, or both. We have implemented security procedures, controls and protocols across all of our physical premises and electronic environments to ensure that personal information is protected from interference, loss, misuse, unauthorized access, modification, or disclosure. All stored client information is protected from unauthorised access through the use of secure passwords and user logins or other security procedures.

Access and updating of information

Lower Capital takes reasonable steps to make sure that the personal information which we collect, use and disclose is accurate, complete and up-to-date.

You are able to make a request to access and update the personal information that we hold about you. Please provide us with as much detail as possible to assist us to retrieve the personal information which you have requested. In accordance with privacy laws, a reasonable fee may be charged to cover our costs of providing access to you. To access or amend personal information that Lower Capital holds you should may contact our Privacy Officer at privacy@lowercapital.io

The Privacy Officer will respond to your request within a reasonable period after your request is made and, if it is reasonable and practicable to do so, provide you with access to your personal information in the manner you requested.

Please be aware, in certain circumstances, we may not be required to provide you with access to, or the ability to correct, your personal information. If such a decision is made, we will provide you with a written notice setting out our reasons and other available options for you.

How you can contact us

If you have any questions or feedback about this statement or any complaints about our collection, storage or handling of your personal information, please contact the Privacy Officer in writing at any time by using the contact details set out above.

We will respond to your complaint by no later than 45 days after receipt. If you are not satisfied with our response to your complaint or your concerns are not satisfactorily resolved, you may contact the Office of the Australian Information Commissioner via their website, www.oaic.gov.au, on 1300 363 992 or by email at enquiries@oaic.gov.au.

Use of the Lower Capital website

By accessing our website with your browser settings adjusted to accept cookies, you are deemed to have consented to our use of cookies and other tools to provide or improve the products and services available on it.

For each visitor to reach our website, we collect certain non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the website, page access times and referring website address. The information collected is used internally by Lower Capital and solely for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are at this site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change at some time in the future, data collected from the time of the policy change going forward will adhere to our updated practices.

We may, without any prior or subsequent notice to you, amend or remove any part of this Privacy Policy at any time.