This Statement explains why legalsuper needs your personal information, how it is managed and the type of information held. It also summarises how it will be collected, used and disclosed as well as how legalsuper aims to protect the privacy of your personal information.
This Statement also provides details of why staff of the Trustee of legalsuper may also need your personal information to assist it in managing the operations of legalsuper and providing advice to members of legalsuper.
What activities does legalsuper undertake?
• legalsuper is a registered superannuation fund that manages, administers and provides for the accumulation of retirement benefits and the enjoyment of those benefits following your retirement;
• provides general and scaled personal advice to you and to prospective members of legalsuper; and
• informs you of discounted products and services provided by reputable organisations.
Who collects personal information?
legalsuper can provide scaled personal advice to you and prospective members. legalsuper is required to collect personal information that is relevant to the provision of that advice. Information collected for the purpose of providing personal advice is only used for that purpose and is retained as a record of the basis on which advice is given. Personal information collected for the purpose of providing advice does not form part of the legalsuper’s fund records and is not used for fund administration purposes.
How legalsuper collects personal information
Most of the personal information held by legalsuper is collected from your employer or you directly. Employers provide this information under the employee records exemption. This exemption allows each employer to pass employees details on to legalsuper so that they can meet their obligations under the Superannuation Guarantee Act 1992(Cth).
legalsuper also collects personal information from you:
• in written form, confirmed by your signature's
• electronically, by email;
• electronically via MemberAccess; and
• orally by the fund administrator or legalsuper staff.
Where appropriate, personal information collected orally or electronically is confirmed by way of a confirmation letter, sent to you as soon as practicable after receipt of the information by legalsuper.
If you send an email to legalsuper, we will record the email address but will only use it for the purposes recorded in this Policy.
All personal information collected will be:
• collected by lawful and fair means;
• used for a lawful purpose;
• collected with your consent or as permitted by law; and
• collected for a clear and explicit purpose.
Collection of browsing information
legalsuper uses technology to track the patterns of behaviour of visitors to the legalsuper website. This may include using a “cookie”, which would be stored on your browser. Cookies can record information about your visit to our website, and allows us to optimise your website experience and provide you with relevant information after you leave the site. If you do not want this information to be collected, you can prevent this by modifying your browser settings.
When you browse the legalsuper website, our service providers log the following information:
• your server address;
• Top-level domain name (for example .com, .gov, .au, etc.);
• the date and time of your website visit;
• the pages you looked at;
• the documents you downloaded;
• the previous site you visited;
• the type of browser you used.
What personal information does legalsuper collect?
legalsuper collects the following personal information for each member:
• full name;
• date of birth;
• nominated address for communications;
• marital status;
• phone number(s);
• fax number(s);
• email address;
• tax file numbers;
• bank account details;
• personal information of dependents (or potential dependents) of members including marital status, health and financial information;
• annual salary, including where this is advised by your employer;
• date of commencement of employment;
• superannuation benefit, including contributions paid to legalsuper by or on your behalf;
• nominated beneficiaries, if provided to us; and
• evidence of health including medical reports.
This personal information is collected and held to permit:
• calculation of your benefits;
• communication of information to you;
• compliance with legalsuper’s taxation payment and reporting obligations;
• rollover or transfer of benefits to another superannuation entity;
• handling of enquiries and complaints;
• payment of benefits; and
• compliance with any legal obligation.
Incomplete information and proof of identity
legalsuper only collects information that it requires to provide services to you. If you choose not to provide all of the information requested including not providing your correct identity, legalsuper may not be able or allowed to provide you with the services that you require. Generally the only service that can be provided in such circumstances is the provision of factual information.
Tax file number
• to allow the location /identification of your benefits;
• to deduct tax from eligible termination payments, for reporting to the Australian Taxation Office in relation to surcharge and for making reports to the unclaimed money register;
• to report to other regulated superannuation entities, when the benefits are transferred to the other entity; and
• to allow legalsuper to accept personal contributions.
legalsuper does not use tax file numbers or any other Government identifier as a record of Fund membership.
Evidence of health - Insurance
Health evidence is required if you have elected more than a certain level of insurance cover or you request an increase to your existing level of insurance cover.
If you die, legalsuper will request a copy of the death certificate. If there is an insured benefit, legalsuper may require further health evidence for assessment of the claim by the legalsuper insurer. legalsuper must obtain personal information about each of your dependents in order to determine to whom the death benefit should be paid. This information may include financial information, to enable legalsuper to assess the financial needs of each dependent.
If you claim a total and permanent disablement benefit, an invalidity benefit or salary continuation benefit, legalsuper will need to obtain your personal information, including health information such as medical reports so that your claim can be assessed. If your claim is for an insured benefit, this information will be provided to OnePath for their assessment.
If you apply for early release of a benefit on grounds of financial hardship, legalsuper will need to obtain personal information about you, your spouse (if any) and may require additional information from members of your family. This information may include financial or health information. The information is required to assess whether your application should be granted.
Communications distributed to you will be limited to:
• information about legalsuper;
• benefits available to you from third parties; and
• other information, not related to legalsuper, that legalsuper considers appropriate to distribute to you.
If you do not wish to receive communications that are not related to legalsuper, you can opt out when completing a membership application form, a change of details from or at any time, by contacting us.
How legalsuper stores and secures personal information
Personal information is held by legalsuper, AAS, OnePath and MIML on their computer systems and files. Staff of each organisation have varying levels of security related to accessing personal information. All computer systems are fire wall and password protected to prevent, to the extent possible, access by unauthorised personnel.
Most computer records and back-up records are maintained within Australia. It is the policy of the Trustee only to enter into agreements with service providers that may hold personal, sensitive information on you that are domiciled in Australia. These service providers are responsible for maintaining and securing all personal information that is provided to them or collected directly from you.
Any personal information that is held in a written format is held in a secure location in order to minimise, to the extent reasonably possible, the risk of access by unauthorised personnel.
The procedures for the storage and disposal of a member’s tax file number ensure that legalsuper disposes of tax file number information when it is no longer required by law nor administratively necessary to be retained. Tax file number information is destroyed when it is no longer required.
legalsuper uses offsite archive facilities to store member and fund information that is more than two years old. Member records are retained by legalsuper for a period of 10 years at which point they are reviewed and if deemed to be no longer required are destroyed having regard to their sensitivity.
Management of personal information
legalsuper relies on you to notify us of all relevant information on a timely basis so that your information held by legalsuper is accurate, complete and up-to-date.
If you notify legalsuper that your information held by it is inaccurate, incomplete or not up-to-date, your request to change personal information will be actioned as soon as practicable and a letter confirming the change sent to you.
Where permitted by law, legalsuper will utilise such technology, data bases and other policies such as the transfer of lost and un-contactable members to the ATO to ensure both the quality of personal member information held, the correct allocation of benefits and the continued ability of lost members to identify their benefits via the ATO.
Release of personal information
Personal information held by legalsuper can be accessed by or may be released to:
• your spouse (under certain conditions);
• employees of legalsuper, AAS, OnePath and MIML;
• the Trustee Directors;
• employees of other service providers to legalsuper such as superannuation consultant(s), auditors and legal advisors;
• legalsuper’s administration software providers who undertake a number of functions on behalf of legalsuper requiring direct access to your data;
• the mailing house used to distribute communication material to you;
• medical practitioners and others requested by legalsuper to assist in the processing of a disablement claim by a member for the purposes of performing their roles in relation to legalsuper; and
• Market researchers who have been contracted by legalsuper to conduct surveys of members from time to time.
legalsuper does not provide any third party with any personal information on members for the purpose of that third party making unsolicited offers of products or services to you.
The following identification and security measures are applied to any enquiries which would require the release of personal information:
• Telephone Enquiry: Your identity will need to be confirmed by correct answer to a number of questions: e.g. Date of Birth, Address, Employer or Date of Commencement with employer.
• Written enquiry: Response is made to you at the address you have provided.
You may appoint an agent to act on our behalf or to receive information about your benefits. Any agent including accountants, financial planners, powers of attorney and legal representatives must all be authorised by you (in writing) to receive your information.
Access to information is also provided to other entities as required by law. These instances are described below:
• to Government regulators, such as the Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC);
• as required by a court order;
• to the Superannuation Complaints Tribunal;
• to the Australian Taxation Office to enable it to monitor lost members of superannuation funds, to calculate superannuation surcharge payable by members of legalsuper and to monitor the taxation of superannuation contributions and benefits; and
• to other superannuation funds when a member has provided instructions to permit the transfer/rollover of their benefit to another fund.
The personal information held by legalsuper will not be released in any other circumstances unless the law permits it or your written permission is obtained.
Information will not be disclosed if it is:
• an internal working document;
• personal information of another person where it would be unreasonable to disclose this;
• information having a commercial value that would be destroyed or reduced by the disclosure; or
• information in relation to which the Trustee owes a duty of no disclosure to another person.
The Australian Privacy Principles do not require legalsuper to provide you with access to your personal information in certain circumstances.
In compliance with the Australian Privacy Principles, legalsuper will not provide you with access to your personal information:
• where providing access would pose a serious and imminent threat to the life or health of any individual;
• where providing access would have an unreasonable impact on the privacy of other individuals;
• where the request is frivolous or vexatious;
• where providing access would be unlawful;
• where providing access would reveal the intentions of legalsuper in relation to negotiations with you in such a way as to prejudice those negotiations; or
• where denying access is required or authorised by law.
Where access to personal information is denied, legalsuper will give you an explanation for the denial of access in writing.
Where can I get further information?
If you have questions about your privacy rights, please contact legalsuper’s Privacy Officer at:
Address: Privacy Officer
Locked Bag 5081
Parramatta NSW 2124
Freecall: 1800 060 312
By agreeing to participate in legalsuper, you agree to legalsuper collecting, using, storing and disclosing personal information about you in accordance with this Privacy Statement.