Privacy Policy

Mercy Super Pty Ltd ABN 98 056 047 324, the Trustee of Mercy Super ABN 11 789 425 178, has developed the following Privacy Policy to ensure that you are informed of the measures which have been implemented to protect you, your personal information and the Fund. In this document below, 'Mercy Super', the 'Fund' and 'we' should be read as the Trustee of Mercy Super

Collection of Data

Mercy Super will only knowingly collect personal information where the information is necessary for one or more of its functions or activities. If the Fund finds that it has wrongfully collected un-required data, we will take reasonable steps to destroy the data along with any copies. The Fund will only collect information by lawful and fair means and not in an unreasonably intrusive way.

You are able to gain access to the information that Mercy Super possesses on you, and you are entitled to know the purposes for which the information is collected. However, this will be determined by the Privacy Act.

We will in the course of usual business be required to provide certain private information relating to you to certain related parties. The companies used by the Fund for these purposes may change from time to time; you may obtain access to these details by contacting the Fund. These parties are: the Fund's Actuary & Consultants- Sunsuper Financial Services; the Fund's Insurers - MLC Pty Ltd & Colonial Mutual Life Assurance Society Ltd; the Auditor - BDO Kendalls; the Australian Prudential Regulation Authority; Australian Taxation Office, Australian Securities and Investment Commission; the printer of Member Statements - Grant James International; your Dependants or Legal Personal Representative in the event of your Death or Total & Permanent Disablement where you are unable to make decisions.

We may also pass on relevant information in the process of rolling over your benefits to other superannuation funds, Retirement Savings Accounts, successor funds, Eligible Rollover Funds (the Fund currently uses AUSFund) and other rollover entities where you terminate employment. We may also pass on information as directed by the courts and as required by law in accordance with legislative requirements, personal information may be disclosed as required by the Family Law Act in accordance with Commonwealth legislation. We may also pass on personal information to other parties not mentioned above, but only where necessary in the usual course of business.

We will, if it is reasonable and practicable to do so, only collect personal information about an individual only from that individual.

Use and Disclosure

Mercy Super will only use and disclose personal information about an individual for a purpose other than the primary purpose (original purpose for collecting the information) of collection where:

  • The secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection; and the individual would reasonably expect the organisation to use or disclose the information for the secondary purpose; or
  • The individual has consented to the use or disclosure; or
  • The organisation has reason to suspect that there is/was unlawful activity and disclosure is a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities; or
  • The use or disclosure is required or authorised by or under law; or
  • The organisation reasonably believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law.
  • The Fund will not disclose personal information in the absence of a legal obligation to disclose it.

    Data quality

    The Fund will always take reasonable steps to ensure that the personal information it collects, uses or discloses is accurate, complete and up-to-date.

    Data security

    Mercy Super has established steps to protect the personal information it holds from misuse, loss, unauthorised access, modification or disclosure. Where information is no longer required or required by legislation to be kept, the Fund will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed under the National Privacy Principles. Members' records are kept either in the secured Fund office or in an electronic form which is password protected.

    Information held

    Upon request we will take reasonable steps to let you know, generally, what sort of personal information the Fund holds, for what purposes, and how the information is collected, held, used and disclosed.

    Access and correction

    Mercy Super will provide you with your personal information upon request, other than in certain specific circumstances e.g. where access would cause a serious threat to the health or life of any person; or access would impact unreasonably on the privacy of others; or there is an existing or anticipated legal dispute between the Fund and the individual and the information would not be accessible by the process of discovery in those proceedings; or access would prejudice the Fund's negotiations with an individual; or access would be unlawful, eg a breach of legal professional privilege, or the request for access is frivolous or vexatious. Where we are not required to provide the information as stated above, we may provide such information to an intermediary as an alternative to a complete denial of access.

    If the Fund holds information which is inaccurate and you are able to provide us with reasonable evidence of accurate data, we will take reasonable steps to correct the information so that it is accurate.

    Tax File Number (TFN)

    Mercy Super may use your TFN to identify you in certain circumstances. Please refer to your Member Booklet for further information.

    Anonymity

    Wherever it is lawful and practicable, you have the option of not identifying yourself when entering transactions with the Fund. The Fund will discuss basic information relating to the Fund, although we will be unable to provide you with any personal information if you are unable to be identified. Consequently the Fund has introduced a Password which all members are entitled to apply for to enable information to be discussed over the phone and also to provide members with the ability to gain access to membership details via the Fund's website.

    Sensitive information

    Mercy Super will not collect sensitive information about you unless; you have consented; or the collection is required by law. This Policy sets out the basic guidelines which the Fund follows, it is in no way the full and complete guidelines.

    Collection of clickstream and other information

    When you browse our website, our service provider logs the following information for statistical purposes - your server address, top level domain name (eg. .com, .gov, .au, etc.), the date and time of your visit, the pages accessed, documents downloaded, the previous site visited and the type of browser used. We will not try to identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs. Our website is cookie-free. We will only record your email address if you send us a message. It will not be automatically added to a mailing list.

    Information quality

    When you provide information to us via the internet, we rely on the accuracy of that information.

    Risk of using the internet

    You should note that there are security risks in transmitting information via the internet. You should assess these potential risks when deciding whether to use our online services. If you do not wish to transmit information via our website, there are other ways in which you can provide this information to Mercy Super. The Fund operates under the Privacy Amendment (Private Sector) Act 2000. The Fund endeavours at all times to meet the requirements set out in the personal information handling standards as set out by the Act in the National Privacy Principles (NPPs). If you would like a copy of the NPPs please contact us.

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