Kinetic Superannuation Ltd (KSL or Trustee) (ABN 14 056 917 303 AFSL 222590 RSE L0000352) is the Trustee of Kinetic Superannuation Fund (KSF or Fund) (ABN 78 984 178 687 RSE R1000429) which includes Kinetic Smart Pension (KSP).
The Trustee has an obligation to comply with the Privacy Act 1988 (the Act) and regulations and is committed to handling your personal and sensitive information with care. Third party service providers may give effect to their own Privacy Policies, but in any event, must act in compliance with the Privacy Act at all times.
Information collected about you
Personal information which we collect about you, may include your:
name and contact details
gender and date of birth
tax file number
nominated rollover institutions
activity via your secure online account
salary details, and
Your information may be collected directly from you (including through call recording when we contact you) or indirectly from your employer. If your employer provides information to the Trustee, it usually does so to satisfy its obligation to you under SuperannuationGuarantee (SG) legislation.
Sensitive information, such as medical and health information, is only collected, used or disclosed with your express consent.
Medical and health information may be sought if you submit an application for insurance cover or if you make a claim for an insurance benefit or a claim for the early release of your superannuation on grounds of total and permanent disablement or terminal medical condition. The forms used to collect such information will provide more specific details about how sensitive information may be used or disclosed.
Your personal information is held and used for the purposes of:
assist your employer to meet its SG obligations;
establishing your membership;
verifying your identity;
administering your superannuation entitlements;
assessing your eligibility for insurancebenefits and arranging cover (calculating your benefit);
responding to your queries,
managing and resolving complaints made by you;
to provide advice and other financial services to you;
administering Trustee elections;
to provide you with marketing material about special offers, features and benefits of the Fund and other incidental benefits associated with your membership;
providing member education and website services;
to enable us to report to government agencies if required by law;
compliance with the Trustee’s disclosure obligations required under law; and
analysis of member information and activity, as part of managing the Fund’s operations. These purposes are integral to the Fund’s operations, in particular, the management and administration of the Fund.
The Fund may from time to time facilitate product offerings from third parties but in doing so does not disclose personal information to those entities. We do not sell personal or sensitive information to any other organisation.
Your personal information may also be collected because the collection and use of the information is authorised or permitted by or under a court/tribunal order (e.g. in family law proceedings, Superannuation Complaints Tribunal proceedings) or Australian law, specifically, the following laws (or regulations, instruments, guidelines or other directives made for the purposes of these laws):
Superannuation Industry (Supervision) Act 1993
Income Tax Assessment Acts 1936 and 1997
Corporations Act 2001
Superannuation (Resolution of Complaints) Act 1993
Superannuation (Unclaimed Money and Lost Members) Act 1999
Anti-Money Laundering and Counter Terrorism Financing Act 2006.
In particular, Part 25A of the Superannuation Industry (Supervision) Act 1993 authorises superannuation trustees to collect tax file numbers from individuals or their employers. Under this Act, employers are required to provide tax file numbers to superannuation funds in certain circumstances. Part VA of the Income Tax Assessment Act 1936 also requires or authorises the collection of tax file numbers for various purposes. When you make a TFN declaration to your employer you are taken to also provide authority for your employer to quote your TFN to relevant superannuation providers.
If you do not provide information or if that information you provide is incomplete or inaccurate, it may result in delays in:
establishing your membership with the Fund
paying or transferring a superannuation benefit;
processing a request for insurance cover or an insurance benefit; or
prevent the Fund from being able to contact you.
Providing your tax file number is not compulsory, however if your tax file number has not been provided then contributions to and payments from your account may be taxed at the highest marginal tax rate plus the Medicare Levy. Without your tax file number the Trustee cannot accept after-tax contributions into your account.
The Fund takes all reasonable steps and employs various security methods and controls to protect information during the data lifecycle. Such measures include, but are not limited to, masking of data in test environments, firewalls, anti-virus, system security patch management, secure identity access management, user access restrictions/ role-based permissions, data encryption, penetration testing, vulnerability assessments, segregated restricted access facilities and staff awareness training.
When personal information is no longer required, reasonably practicable steps are taken to destroy or de-identify the information such as shredding documents, or sending documents for recycling where information continues to be treated as confidential. Where it is not practicable to do so, reasonable steps are taken to protect the personal information against loss, unauthorised access, use, modification or disclosure, and against other misuse.
The Trustee requires its service providers to implement strong data security principles.
Where such a request is reasonable, access will not be unreasonably withheld. The Trustee retains the right to charge a reasonable fee to cover the costs of providing you with access to your information, although usually your personal information can be confirmed to you without cost. While a request for confirmation of your personal information will be answered as soon as possible, please allow a month from the date of your request for a response to be provided.
Access to your information will be subject to appropriate proof of identity checks.
The Trustee will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, up-to-date, complete and relevant. Where the personal information held is redundant or misleading, reasonable steps will be taken to correct the information. This may be achieved by re-collecting information directly from the individual and/or independently verifying personal information as required and/or permitted by lawful authority.
On joining the Fund all members are sent a “Welcome letter” requesting that they check and correct any details that might be incorrect or missing. Our service providers may also contact members from time to time for the purpose of confirming the completeness and accuracy of member information.
Whilst some information may be corrected over the telephone, in some cases written confirmation may be required. In some cases, you may be required to provide evidence in support of the requested change to ensure the integrity of the information.
Valid requests to correct or update personal information will be completed within a reasonable timeframe.
The Trustee employs a range of service providers to assist with the management and administration of the Fund. Where the Trustee discloses your personal information to these service providers, it will seek to ensure that this information is held, used and disclosed in a manner consistent with the Act.
One of our main service providers is Australian Administration Services (ABN 62 003 429114) (AAS). AAS is a specialist administration company employed by the Trustee to administer the Fund. Under its agreement with the Trustee, AAS is obliged to comply with the Act and to use and disclose members' personal information only for the purposes of administering the Fund.
Your information may be disclosed by the Trustee or its service providers such as the Fund’s:
medical consultants and practitioners;
professional advisors (e.g. actuaries); and
other external service providers who are contracted for the purpose of assisting with the management and administration of the Fund.
The Trustee has entered into an arrangement with Industry Fund Services Limited (IFS) (ABN 54 007 016 195 AFSL 232514) to provide advice to Kinetic members in respect of their account.
IFS is also obliged to comply with the Act in relation to members' personal information and to use and disclose members’ personal information only for purposes relating to the provision of advice.
The Trustee must also provide information as required by law to government agencies such as:
the Australian Prudential Regulatory Authority (APRA);
the Australian Taxation Office (ATO)
the AustralianSecuritiesandInvestmentsCommission (ASIC);
the Superannuation Complaints Tribunal (SCT); and
the Australian Transactions Reports and Analysis Centre (AUSTRAC).
The Fund takes all reasonable steps to ensure that the third parties we deal with are bound by confidentiality and privacy responsibilities.
There may be the need to supply your personal information to overseas service providers, funds and government bodies where there are legislative requirements to do so or if the Fund is facilitating a transfer of assets to or from an overseas fund and has approval to do so.
We may also disclose personal information to third party service providers located outside of Australia. Such countries include, but are not limited to New Zealand, the United Kingdom, France, Germany, the United States of America, Papua New Guinea, China [Hong Kong], India, South Africa and Canada.
We take all reasonable steps to ensure that the overseas recipients do not breach the privacy obligations relating to personal information and deal with your personal information in a manner that is consistent with the Australian Privacy Principles.
Personal information may be disclosed to a third party service provider who stores and hosts our data on servers located in the United States.
The Trustee may provide marketing services on its own behalf. Personal information of individuals is only used to market relevant products and services specifically to that individual.
This will only occur with the individuals consent or as otherwise lawfully permitted. The Trustee complies with the SPAM Act 2003 and the Do Not Call Register Act 2006.
An individual can opt out of direct marketing at any time by notifying Kinetic Super if they wish to unsubscribe. Such requests can be made electronically (via online accounts or email), in writing by post or by phone. Each direct marketing communication sent by Kinetic Super will contain the details of how to opt-out.
If you would like more information about the way the Trustee handles your personal information, have a general enquiry or wish to raise a concern, you should first contact us on:
Phone: 1300 304 000 Fax: 1300 304 444 Email: [email protected] Post: Kinetic Super Locked Bag 5091 PARRAMATTA NSW 2124
If you are not happy with our initial response, you can make a formal complaint. We have a complaints handling process which aims to ensure that all complaints are handled in a fair and reasonable manner.
While we would like to resolve all complaints immediately, some may require more in-depth investigation. By law, the Trustee is required to try and resolve complaints within 90 days.
For matters that require further investigation, we will acknowledge receipt of your complaint within three working days so you know that we are working on the problem.
If you wish to complain about a privacy related matter:
Phone: 1300 304 000 Fax: 1300 304 444 Email: [email protected] Post: Attention: Ms Dianna Belbin Privacy Officer Kinetic Super Locked Bag 5091 PARRAMATTA NSW 2124
After exhausting the above, if you’re not satisfied with our proposed resolution of your complaint (or you haven’t received a reply within 90 days), you may be able to refer the matter to The Office of the Australian Information Commissioner (OAIC) via:
This Statement of Data Collection and Use applies to this Website which is operated by Kinetic Superannuation Ltd (KSL) (ABN 14 056 917 303 AFSL 222590 RSE L0000352) as the Trustee of Kinetic Superannuation Fund (KSF) (ABN 78 984 178 687 RSE R1000429) which includes Kinetic Smart Pension (KSP), under the domain name kineticsuper.com.au [http://www.kineticsuper.com.au] ("Kinetic Super Website" or “Website”). In this statement, "we" means the Trustee.
We understand and appreciate that you, as a Kinetic Super Website visitor, are concerned about your privacy and about the confidentiality and security of information we may gain about you online. We are committed to protecting your privacy. Our Statement of Data Collection and Use explains how your personal information will be treated as you access and interact with the Kinetic Super Website.
As the Kinetic Super Website develops and as technology evolves, we will continue to strive to provide you with better and more customised services and with a more effective Website. We encourage you to review the Kinetic Super Statement of Data Collection and Use periodically because the Statement may change from time to time.
When you look at this Website, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes:
your server address
your top level domain name (for example .com, .gov, .au, .uk)
the date and time of your visit to the Website
the pages you accessed and documents downloaded the previous site you have visited
the type of browser you are using.
We also collect non-personally identifiable information about your activities when you visit websites where we display advertisements. We use the information we collect to serve you more relevant advertisements (referred to as ‘Retargeting’). We collect information about where you saw the ads we serve you and what ads you clicked on.
Any further information that we will collect about you will depend on how you use the facilities offered by the Kinetic Super Website.
If you visit the Kinetic Super Website to read, browse or download information, our system will record the date and time of your visit to our site, the pages viewed and any information downloaded.
The Kinetic Super Website offers a number of interactive facilities including tools such as superannuation calculators as well as online application forms.
If you use any of the tools, we generally do not capture any personal information that you may enter when using these tools. An exception is where a tool such as a superannuation calculator allows you to suspend operation and retrieve the details at a later time. In that case the information is stored on our systems so that you may recover the information when you resume your enquiry. Any information stored in such a tool is not used or processed by us (except of course to allow you to use the online tool).
If you decide to complete an online application form, the information that you enter onto the online form will only be collected by us if you submit it. If at any stage you cancel your application or log out prior to submitting your application, the information you have entered up to that point will be automatically deleted. If you suspend your application, for example, because you wish to complete it at another time, the information that you have entered will be retained in our systems so that you may recover the information when you resume your application.
If you log into the Kinetic Super Member or Employer Online secure areas we collect information such as:
member year joined the Fund
member birth year
the pages/sections you have accessed and actions taken and updated
This information may be analysed as part of the operational management of the Fund and to deliver improved services to members and employers.
The Kinetic Super Website also contains links to the other websites ("Third Party Websites") of third party providers of goods and services such as, but not limited to:
Recruitment and Consulting Services Association (RCSA);
National Employment Services Association (NESA);
Institute of Chartered Accountants in Australia
If you have accessed other websites through the Kinetic Super Website and if those third parties collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties.
We use "cookies" as a fundamental part of our interaction with your Internet browser. The Kinetic Super Website will collect information using a combination of persistent and non-persistent (session) cookies.
The purpose is to aid in identity checking whenever you access the secure section or pages of our Website and Member/Employer Online Services. This information may be analysed as part of the operational management of the Fund and to deliver improved services to members and employers.
A cookie is a small text file placed on your computer by our web server. We use "session cookies" on our Website. Session cookies are temporarily held on your computer for the duration of your visit to Member/Employer Online Services. The session cookie expires, and is deleted, as soon as you close your browser, or log out of Online Services.
If you wish to make full use of the secure section of the Kinetic Super Website, it is required that you accept cookies when you subscribe to Member/Employer Online Services. If your browser is configured to reject all cookies you will be unable to use services on the secure Kinetic Super Member/Employer Online Services site. Those services include (but are not limited to) online applications for alterations to membership details.
We will only use or disclose personal information or information generated by cookies ("cookie information") that you have provided to us when:
you have authorised us to do so when you subscribe to Online Services; or
we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure.
This Website does not provide facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks transmitting information across the Internet.
We collect and store your email address, where you have supplied it by contacting the Fund and/or your employer has supplied it as part of their superannuation guarantee payment obligations. Your email address will only be used for the purpose for which you have provided it and it will not be added to a mailing list or used for any other purpose without your consent.
We will preserve the content of any email that you send us, if we believe that we have a legal requirement to do so. Any personal information contained in your email, including your email address, will be used or disclosed in ways set out in this Statement of Data Collection and Use. Your email message content maybe monitored by our Internet Service Provider or our employees and contractors for trouble shooting and maintenance purposes or where email abuse is suspected.
We collect information about the status and activity of how you interact with the email including:
browser and device
You can unsubscribe at any stage by using the ‘unsubscribe” functionality at the base of emails we send or by amending your preferences via the secure Member/Employer Online Services section of the website or by calling the Fund.
We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, although we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk. Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.