HUB24 LTD Group Privacy Policy

1. HUB24 LTD GROUP

1.1 HUB24 Ltd is a financial services company listed on the Australian Securities Exchange that was established in 2007 and is a leading provider of integrated platform, technology and data solutions to Australia’s wealth industry.

1.2 The businesses lines of HUB24 Ltd include the HUB24 platform, the Xplore platform, the Class businesses, HUBconnect and myprosperity business.

1.3 HUB24 operates via two core revenue generating segments, a Platform segment and Tech Solutions segment and a Corporate segment as shown below.

Platform segment

1.4 The Platform segment comprises the HUB24 investment and superannuation platform (HUB24 platform), the Xplore Wealth investment and superannuation platform (Xplore platform), Portfolio & Reporting Services (PARS) and myprosperity.

1.5 The HUB24 platform and Xplore platform are used by financial professionals to administer their clients’ investments which are held through a superannuation and investment product under custodial arrangements. The Xplore platform provides complementary capabilities including high net worth product features, managed accounts, superannuation services and PARS capability. In addition, HUB24 also offers PARS, a non-custody portfolio service which provides administration, corporate action management and tax reporting services for financial professionals and their clients. myprosperity, acquired by HUB24 in May 2023, is a provider of client portals for accountants and financial advisers. Its all-in-one portal delivers a total view of household wealth.

Tech Solutions segment

1.6 The Tech Solutions segment comprises the following sub-segments, being Class and HUBconnect.

1.7 Class’ core offering is self-managed superannuation fund administration software. Class also operates in the document and corporate compliance segment through the service offerings provided under the NowInfinity brand.

1.8 HUBconnect provides technology and data services to the wealth industry, delivering solutions to enable financial professionals to efficiently run their businesses and service their clients.

2. THIS PRIVACY POLICY

2.1 This is the Privacy Policy for HUB24 Ltd and its subsidiaries including those identified in section 20.1 (referred to as HUB24, we, our and us in this document) with the exception of myprosperity Pty Ltd, Class Pty Ltd, NowInfinity Pty Ltd and their subsidiaries. myprosperity Pty Ltd, Class Pty Ltd, NowInfinity Pty Ltd and their subsidiaries have their own Privacy Policies¹.

2.2 It is also relevant to any Privacy Collection Notices which we may separately provide to you, for example as we may provide to you in connection with certain investment products.

2.3 Protecting your personal information (as that term is defined in the Privacy Act 1988 (Cth) (Privacy Act) and which includes information or an opinion about you) is important to us. We respect your privacy, and we are committed to protecting your personal information and complying with our obligations under the Privacy Act.

2.4 Depending on which product or service you apply for, or obtain, from us, and whether you do so directly or with the support of a third party (e.g. financial advisers, brokers or accountants), some or all of this Privacy Policy may be relevant to you. However, it is also possible that a privacy statement or policy of any such third party (Third-Party) will also be relevant to you.

2.5 As a result, you should also refer to the privacy policy or statement of the relevant Third-Party/ies for information in relation to their collection, use and disclosure of your personal information. This Privacy Policy does not cover the collection, use and disclosure of your personal information and data by Third-Parties. We, our directors, officers, employees or agents are not responsible for the collection, use and disclosure of your personal information and data by Third-Parties (other than to the extent we expressly set out in this Privacy Policy).

2.6 In this Privacy Policy, and in addition to the other terms which are defined in references to:

2.6.1 Our Products is a reference to financial products issued or promoted by a subsidiary of HUB24 Ltd. They include: HUB24 Invest, HUB24 Super, HUB24 Managed Portfolio Service, Xplore Managed Account, Xplore Wrap, the Managed Discretionary Account Service and the Wholesale Discretionary Account Service.

2.6.2 Our Services is a reference to one or more of the following services that are provided by us: custodial services, administration services, reporting services, Our Platforms, data as a service and software as a service.

2.6.3 Our Platforms is a reference to one or more of the technology platforms provided by us and includes the HUB24 platform, the HUBconnect platform, PARs and the Xplore platforms.

2.6.4 Representative(s) is a reference to persons representing you, including your financial adviser and their Australian Financial Services Licensee, your broker, your accountant, your legal adviser, executor, administrator or those holding your power of attorney.

2.6.5 Third-Party Products refers to financial products issued by entities which are not subsidiaries of HUB24 Ltd and which have agreements with us under which we provide them with one or more of Our Services.

3. THE TYPES OF PERSONAL INFORMATION THAT WE COLLECT AND HOLD

3.1 The personal information that we collect and hold depends on the nature of the products and/or services you use and the nature of your interaction with us.

3.2 The different types of personal information we collect and hold about you may include the following:

3.2.1 Personal and contact information: your name, date of birth, gender, email address, signature, residential address, telephone numbers, tax file numbers, foreign tax residency status, source of wealth, source of funds, employment details and status, work history, bank account information, and for individuals who are financial advisers, their Authorised Representative Number.

3.2.2 Government issued identification: Driver’s license, passport details, director identification number.

3.2.3 Financial, investment and transaction information: records of your investments in the products that are available on or using Our Technology Platforms.

3.2.4 Photographs, video or audio record: call recordings when you call our call centres, security camera recordings when you visit our offices or video recordings when you participate in some video conferences or similar.

3.2.5 Information relating to your interactions with us: your interactions with us, including your queries or complaints. Other interaction information we may collect and hold includes: pages viewed and browsing behaviour on our websites and applications, the date and time of your visits to our webpages, geographical information, information about the device used to visit our website (including your tablet or mobile device) such as device IDs and IP addresses, and use of our digital applications.

3.2.6 Publicly available information: media search information, searches of banned and disqualified persons register of the Australian Securities and Investments Commission (ASIC), ASIC’s insolvency register, bankruptcy register, searches of the Department of Foreign Affairs and Trade (DFAT) registers and sanctions lists, and information provided to us by statutory bodies such as the Australian Securities and Investments Commission. We may also collect information about you from social media platforms if you publicly comment but we will never ask you to supply personal information publicly over any social media platform.

3.2.7 Recruitment information: information provided in your resume when you apply for employment with us and reference information.

4. WHY WE COLLECT AND HOLD YOUR PERSONAL INFORMATION

4.1 We collect and hold personal information for purposes that may include:

4.1.1 Provision of Our Products

4.1.1.1 assessing your application and establishing your account in respect of the relevant product.

4.1.1.2 administering your investments and/or assets.

4.1.1.3 providing the products and related services to you.

4.1.1.4 communicating with you in relation to your investments and related services.

4.1.1.5 administering the products and services.

4.1.1.6 giving you access to investor areas of the HUB24 website.

4.1.1.7 managing the relationship with you, such as discussing issues with you, establishing, and maintaining records in relation to your investments and providing regular statements, reports, and communications to you.

4.1.1.8 allowing service providers to us to provide their services.

4.1.1.9 letting you know about other products and services that we and other members of the HUB24 Group may provide.

4.1.1.10 conducting product or service development, quality control or other product research.

4.1.1.11 assisting us to prevent, identify and investigate any potential or actual financial crimes.

4.1.1.12 to consider any application for employment and to manage our obligations as an employer for relevant personnel.

4.1.2 Provision of Our Services to Third-Party Product Providers: to allow us to provide services such as administration services and technology services in respect of financial products issued by Third-Parties.

4.1.3 Provision of Our Services to Other Third-Parties: to allow us to provide services such as software as a service and other technology services to Third-Parties.

4.1.4 Legal and regulatory compliance: to comply with applicable Australian and any foreign legislative and regulatory requirements, for example:

4.1.4.1.1 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)- which requires your identity to be established and verified.

4.1.4.1.2 Corporations Act 2001 (Cth) compliance in connection with reporting and responding to ASIC information requirements.

4.1.4.1.3 Australian and foreign taxation laws such as the Foreign Account Tax Compliance Act 2010 (USA) – requiring us to provide certain information to the Securities Exchange Commission in the USA.

4.1.4.1.4 the Common Reporting Standard introduced by the Tax Laws Amendment (Implementation of the Common Reporting Standard) Act 2016 (Cth) – requiring us to report certain information to the ATO, which then provides it to the relevant foreign jurisdiction.

4.1.4.1.5 the Superannuation Industry (Supervision) Act 1993 (Cth).

4.1.5 To provide information to Australian regulators, law enforcement agencies, Australian government and foreign government agencies on reasonable request or where required by law.

4.1.6 Allowing service providers to us to provide their services. For example, in respect of electronic customer identification and verification and government document verification.

4.1.7 Employment applications: to allow us to process any employment applications that we receive.

4.2 We will only use or disclose personal information we collect about you for the purpose for which it was disclosed to us, or related purposes which would reasonably be expected, without your permission, or as permitted by the Australian Privacy Principles.

4.3 We may also use non-personal, de-identified and aggregated information for several purposes including for data analytics, research, submissions, thought leadership and promotional purposes. Any output is anonymised or aggregated so that no personal information or information relating specifically to you is reasonably identifiable.

4.4 We will not sell your personal information to other organisations.

5. HOW WE COLLECT YOUR PERSONAL INFORMATION

5.1 The main ways we may collect personal information are as follows:

5.1.1 You or your Representative interact with us in respect of any of Our Products or Our Services.

5.1.2 You invest in Third-Party Products for which we provide some or all of Our Services.

5.1.3 You sign up for, or log into Our Services, Our Products or Third-Party Products using Our Technology Platforms.

5.1.4 You visit our website.

5.1.5 From public sources, law enforcement, dispute resolution, statutory and regulatory bodies, industry complaints resolution bodies and information verification services such as electronic identity and document verification services.

5.1.6 You apply for employment with us.

5.2 Where we engage with you or your organisation in connection with your business, we may also collect your personal information if you are an employee, director, shareholder, signatory or other representative of the relevant business.

6. WHERE WE COLLECT PERSONAL INFORMATION FROM SOMEONE ELSE

6.1 We may collect your personal information from others. For example, we may collect your personal information from:

6.1.1 Joint investors in Our Products or grouped family members.

6.1.2 Your Representative.

6.1.3 Service providers engaged by us to support Our Products and Our Services.

6.1.4 Members of the HUB24 Group (unless we have agreed not to).

6.1.5 Publicly available sources of information, such as public insolvency registers and registers of banned and disqualified persons.

6.1.6 Law enforcement, dispute resolution, statutory and regulatory bodies and industry complaints resolution bodies.

6.1.7 Other financial institutions, for example superannuation funds to allow us to provide you with the product or service you have requested.

6.1.8 Other organisations that provide you financial products or services where we provide some or all of Our Services to that organisation. For example, where we provide custody, administration, reporting and/or technology services.

6.2 For anyone else who provides your personal information to us, we use all reasonable efforts to ensure that the relevant entity or person is required to make you aware that they will be providing your personal information to us, to obtain your consent, to ensure you are given a copy of this Privacy Policy, and to inform you that we will collect and handle your personal information in accordance with this Privacy Policy.

7. IF YOU DECIDE NOT TO PROVIDE YOUR PERSONAL INFORMATION

7.1 You are not required to provide your personal information to us.

7.2 If, however, you do not do so, we are unlikely to be able to provide all of Our Products and/or Our Services or, to the extent that we can, some of the benefits or functionality may not be available. We may also not be able to assist with your enquiries, provide all of the features available for a product or service or respond to any complaint.

8. TAX FILE NUMBERS

8.1 We are authorised to collect Tax File Number (TFNs), including:

8.1.1 for superannuation fund members on behalf of the trustees of superannuation funds that are available on the HUB24 technology platform. Trustees are authorised to collect TFNs under the Superannuation Industry (Supervision) Act 1993 (Cth).

8.1.2 where we need to pay or withhold tax in respect of the relevant person.

8.1.3 for persons where we have been appointed to act as their tax agent to help manage that person’s taxation affairs under the Tax Administration Act 1953 (Cth).

8.2 If we ask for your TFN, you are not required to provide it. If, however, you do not do so, we may not be able to provide the relevant service and the tax consequences of not providing a TFN can be significant.

9. WHO WE DISCLOSE YOUR PERSONAL INFORMATION TO

9.1 Your personal information may be disclosed to third parties including:

9.1.1 your Representative, unless you instruct otherwise in writing.

9.1.2 your personal representative, attorney, or agent, unless you instruct us otherwise.

9.1.3 the responsible entity of any managed investment scheme you choose to invest in, and their service providers.

9.1.4 the responsible entity of any investor directed portfolio-like scheme promoted by us and their service providers.

9.1.5 the trustee of any superannuation fund promoted by us and their service.

9.1.6 Third-Party issuers of financial products that you have invested in where we provide them with some or all of Our Services and, where directed by them, to their related bodies corporate.

9.1.7 outsourced service providers who assist us with, among other things, but not limited to, custody, data storage and archiving, auditing, accounting, customer contact, legal, business consulting, identity and document verification (electronic or otherwise), banking, information technology services, data analysis or research.

9.1.8 our related bodies corporate for the purposes outlined in this Policy, unless we have agreed not to.

9.1.9 Australian banks, ADIs or other financial institutions we use from time to time in respect of Our Products and Third-Party Products. Australian regulatory authorities and law enforcement agencies on reasonable request by those authorities or where required by law. Australian regulatory authorities include: the Australian Securities and Investments Commission (ASIC), the Australian Prudential Regulatory Authority (APRA), the Australian Financial Complaints Authority (AFCA), the Australian Taxation Office (ATO) and the Office of the Australian Information Commissioner (OAIC).

9.1.10 foreign regulatory authorities. For example, your personal information may be disclosed to foreign tax authorities such as the IRS in the USA and other tax authorities in other foreign jurisdictions. The ATO may also provide your personal and other information to foreign tax authorities. Your personal information may also be provided to other regulatory authorities such as ASIC and the Australian Transaction Reports and Analysis Centre (AUSTRAC).

9.1.11 financial institutions and other similar organisations that we deal with in the course of corporate activities in relation to one or more of Our Products or to whom we provide one or more of Our Services.

9.1.12 other third parties on your behalf for the purpose of establishing and administering your investments.

9.1.13 other third parties for the purpose of providing Our Services.

9.1.14 to comply with a court order or in conjunction with court proceedings.

9.2 We take reasonable steps to ensure that recipients are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In limited circumstances these reasonable steps may not be taken, however, you will be informed beforehand, and the disclosure will only occur with your consent (for example when acting under your instruction to purchase international securities).

10. DISCLOSURE OF PERSONAL INFORMATION OVERSEAS

10.1 We operate our business in Australia. We may, however, share your personal information with recipients outside Australia (unless we agree with you not to) to assist us with the operation of our business and the provision of products and services to you.

10.2 The types of recipients may include:

10.2.1 Our employees and contractors working remotely and other service providers to us. This is to allow them to undertake their roles and to provide their services to us.

10.2.2 Service providers to us or other Third-Parties engaged by us and which hold data or operate outside of Australia.

10.2.3 Overseas issuers, managers, registries or administrators in the course of administering non-custodial assets on your behalf.

10.2.4 Foreign regulatory authorities. For example, your personal information may be disclosed to foreign tax authorities such as the IRS in the USA and other tax authorities in other foreign jurisdictions. The ATO may provide your personal and other information to foreign tax authorities based on reports we provide to the ATO and where you are a foreign resident for tax purposes.

10.3 Foreign jurisdictions where your personal information is likely to be sent include the USA, members of the European Union and Vietnam and any foreign jurisdiction where you are a foreign tax resident when we send that personal information to you.

10.4 We take reasonable steps to ensure that recipients are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In limited circumstances these reasonable steps may not be taken, however, you will be informed beforehand, and the disclosure will only occur with your consent (for example when acting under your instruction to purchase international securities).

11. HOW WE HOLD YOUR PERSONAL INFORMATION

11.1 Your information is held both physically and electronically and we implement a range of measures to protect the security and integrity of your personal information.

11.2 These measures may include one or more of the following:

11.2.1 Access to our physical environment and information systems being controlled through identity and access management controls.

11.2.2 Employees being bound by internal information security policies and are required to keep personal information secure.

11.2.3 Employees being required to complete Privacy Act compliance training and information security training.

11.3 We regularly assess our information security measures against industry best practice.

12. HOW TO ACCESS AND CORRECT YOUR PERSONAL INFORMATION

12.1 We rely on you or your Representative to provide us with personal information that is accurate and up-to-date.

12.2 If your personal information changes, please contact us promptly and inform of us of your updated details. Also, if you have provided the personal information of someone else and that information changes, please contact us promptly and inform us of your updated details. Please use the contact details provided at the end of this Privacy Policy.

12.3 You can request access to your personal information that we hold. You can also ask that we correct that information. To do so, please contact us using the contact details provided at the end of this Privacy Policy.

12.4 We will seek to verify your identity before providing you with access, or making changes, to your personal information.

12.5 In some limited circumstances we are not required to provide you with access to your personal information. An example of where this is the case is where a Court or Tribunal order prohibits us from doing so.

12.6 There may also be circumstances where we are not required to correct your personal information. For example, where we are not satisfied that the information we hold is inaccurate, out-of-date, irrelevant or misleading.

12.7 If we do not give you access to or correct your personal information, we will notify you and explain our reasons (except to the extent it would be unreasonable or unlawful to do so). In this event, we will also provide you with information about how you can complain about such a decision.

13. USE YOUR PERSONAL INFORMATION FOR MARKETING

13.1 We may, subject to meeting applicable legal obligations (including under the Privacy Act and the Spam Act 2003 (Cth)), send you direct marketing communications and information about Our Products and Services and those of our related bodies corporate that we reasonably believe may be of interest to you.

13.2 We won’t, however, send you marketing communications and information if you have previously told us that you do not want to receive them or we have agreed not to (for example where a Third-Party uses Our Services and we have agreed not to with them).

13.3 If you do not want to receive direct marketing communications and offers from us you can contact us using the contact details at the end of this Policy or through the opt-out facility provided to you in each marketing message. If you are a Third-Party to whom we provide Our Services and you do not want us to provide marketing communications and information, we can record this in our contract with you.

13.4 Where products and services are offered to you, we may do so by various means, including by mail, telephone, email, SMS, or other electronic mean. We may also disclose your personal information to companies outside the HUB24 Group who help us to market products and services to you.

13.5 Please note that if we are currently providing you with services or products, we will still need to send you essential information about the relevant services or products and other information required by law.

14. USE OF COOKIES

14.1 Cookies are used in order to provide you with the best online experience possible, to monitor traffic patterns, to assist with managing the product or the service that we provide, and to identify you on return visits. These cookies are small data files sent and stored in your web browser on your computer’s hard drive.

14.2 We may access these to understand more about your preferences in order to deliver a more relevant service. Cookies may also be used for other purposes. None of the information collected can be used to identify you personally. If you wish to know when or if you receive cookies from us, you can manually set your browser to notify you of this or, in the case you do not wish to receive cookies, to reject cookies.

14.3 If you disable the use of cookies on your web browser or remove or reject specific cookies from the website or linked sites, then you may not be able to gain access to all of the content and facilities within our website.

14.4 We may use Third-Party service providers to help us analyse certain online activities. For example, these service providers may help us measure the performance of our online campaigns or analyse visitor activity. We may permit these service providers to use cookies and other technologies to perform these services. We do not share any personal information about our customers with these third-party service providers, and these service providers do not collect such information on our behalf. Our third-party service providers are required to comply fully with this Privacy Policy.

15. TELEPHONE RECORDING

15.1 We or Third-Parties providing services on our behalf, may record telephone conversations (where permitted to do so by law). If we or our Third-Parties record conversations, this will be disclosed prior to connecting to an individual and you will be given an opportunity to refuse such recording. We use all reasonable efforts to ensure that any decision you make not to have your call recorded will not adversely impact on your experience.

16. EXTERNAL WEBSITES

16.1 Our website may contain references or links to other external websites. Those references or links may in turn refer or link to other references or links. We, our directors, officers, employees or agents are not responsible to you or any person for the privacy practices of linked websites and these websites are not subject to our privacy policies and procedures.

17 MAKING A COMPLAINT

17.1 If you have a question or complaint about how your personal information is being handled by us, please contact us first using the contact details below.

17.2 If your complaint relates to how a Third-Party handle your personal information, please contact them first using the contact details in their privacy policy. For example, if you have a complaint about how your financial adviser is handling your personal information, you should contact them.

17.3 Our aim is to resolve your complaint as soon as possible and within five (5) business days. If we need more time, we will let you know.

17.4 HUB24 complaints contact details are:
HUB24 Complaints Manager
HUB24 Ltd
GPO Box 529, Sydney, NSW, 2001
Email: complaints@hub24.com.au

17.5 If you are not satisfied with our response to, or the handling of your complaint and your complaint relates to the provision of a financial service (as defined in the Corporations Act 2001 (Cth) by us, you can contact the external dispute resolution scheme, the Australian Financial Complaints Authority (AFCA).

17.6 AFCA’s contact details are:
Australian Financial Complaints Authority
GPO Box 3, Melbourne VIC 3001
Phone: 1800 931 678 (free call)
Email: info@afca.org.au
Online: www.afca.org.au

17.7 Under the Privacy Act 1988 (Cth) you may also complain to the Office of the Australian Information Commissioner (OAIC) if you are not satisfied with our response to, or the handling of your complaint.

17.8 OAIC’s contact details are:
The Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Phone: 1300 363 992
Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au

18. UPDATES TO THIS PRIVACY POLICY STATEMENT

18.1 We will update this Privacy Policy at least annually or following a significant change in our processes for collecting, using, managing and disclosing personal information.

18.2 We may also need to provide you with additional information that is specific to a collection of personal information. In that case we may provide you with a Supplementary Privacy Policy, instead of updating this Privacy Policy.

18.3 If you are provided with a Supplementary Privacy Policy, it is important that you read both it and this Privacy Policy.

19. OBTAINING A COPY OF THIS STATEMENT

19.1 You can download a copy of this Policy online at: www.hub24.com.au or obtain a copy from us free of charge by calling us on: 1300 854 994.

20. HOW TO CONTACT US

20.1 Key subsidiaries of HUB24 Ltd that may collect, use and disclose your personal information for the purposes described in this Policy include:

20.1.1 HUB24 Custodial Services Ltd

20.1.2 HUB24 Management Services Pty Ltd

20.1.3 HUBconnect Pty Ltd

20.1.4 Agility Applications Pty Ltd

20.1.5 Investment Administration Pty Ltd

20.1.6 Margaret Street Promoter Services Pty Ltd

20.1.7 Margaret Street Administration Services Pty Ltd

20.1.8 Margaret Street Financial Holdings Pty Ltd

20.2 Members of the HUB24 Group can be contacted at:

HUB24 Ltd
GPO Box 529, Sydney, NSW, 2001
Phone: 1300 854 994
Email: admin@hub24.com.au