Published September 15th, 2023

The Chartist Pty Limited (The Chartist)
ABN: 40 641 323 051
The Chartist Pty Ltd is a Corporate Authorised Representative (CAR No. 1282007) of Shartru Wealth Management Pty Ltd ABN 46 158 536 871, AFSL 422409.

[last updated September 2023]

Definitions

This privacy policy sets out how The Chartist handles your personal information. The Chartist complies with Australian privacy legislation.

When we talk about ‘us’, we mean the entity and website detailed in the Schedule, we are the operator of this website. When we talk about ‘you’, we mean the person using this website or services of this website.

‘Personal data’ or ‘personal information’ is information that directly identifies you, such as your name and email address, or data that could be used on its own or in combination with other data to identify you.

It is very important to us to be clear about what data we collect, why we collect it, how we use it and that we comply with applicable privacy and data protection laws.

Staying Anonymous

You can browse our webpages anonymously, although cookies may be collected. However, if you would like to take advantage of our services, including our 2 week trial membership, you will need to identify yourself to us and at that point we will collect your personal information.

Collection and Use of Data

At all times we try to only collect the information we need for the particular service we are providing. The main way we collect personal information is when you give it to us, or explicitly consent for it to be given to us. This generally occurs:

• when you contact us
• when you complete an online enquiry or request for information
• when you subscribe to our newsletter
• when you participate in a promotion offered by The Chartist
• when you submit an order through our online services
• when you subscribe to a trial or full membership with The Chartist
• when you ask for access to information we hold about you.

We collect and process the minimum amount of information to deliver our services to you and to meet our legal requirements under applicable financial services laws. This may include collecting sensitive personal information. This information includes:

• your first, middle and last name
• your email address
• your phone number
• your residential and postal address
• your gender, age and birth date
• your driver’s license number
• your level of trading skill
• your approximate trading account value (within a dollar range)

You agree that, for compliance purposes, we may retain any of your personal information for a period of seven years, although we are not obliged to do so.

We may share your personal information when required to do so by law or with our professional advisers to obtain advice or to meet our accounting or compliance obligations.

Collection of Data of Minors

We do not intend to collect the personal data of persons under the age of 13. If you are the guardian of a minor and suspect they may have provided us with their personal information, please contact us and request to have the minor’s personal information destroyed (use the contact information in the schedule below).

Unsolicited personal information

We may receive unsolicited personal information about you. We destroy or de-identify all unsolicited personal information we receive, unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.

Identifiers

We do not adopt identifiers assigned by the Government (such as drivers’ licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.

The Chartist information partners

We are not brokers however we recognise you may need one. We may give your name and contact information to third party brokers who may contact you to provide information about their services. If you are contacted by a broker, you do not need to use their services. The legal basis we have for processing your information in this manner is your consent.

To enable us to offer to our members (depending on level of subscription) access to XL Automation Share Trade Tracker software (XL), we provide your first and last name and email address to XL Automation and Norgate Premium Data. The legal basis we have for this processing is the performance of our agreement to provide this service.

To enable us to offer you access to a free trial or paid download of RealTest we may share your first name, last name and email address to Systematic Solutions, LLC. The legal basis we have for processing your information in this manner is your consent.

Our web development and advertising partners are Kook Website Design and Digital Marketing. You agree we may share business card style personal information (name, phone number, state and country of residence) with these partners. The information is shared for our business advertising purposes and may be used for targeted marketing and/or remarketing.

We accept payments using PayPal and Stripe. Financial information you provide to these third party sites is managed according to the third party site’s own privacy policy. We will share your personal data with our payment service providers only to the extent necessary to process your payments or deal with refunds or complaints in relation to your payments.

Contractual arrangements with third parties

We ensure that all contractual arrangements with third parties adequately address privacy issues, and we make third parties aware of this Privacy Policy. Third parties will be required to implement policies in relation to the management of your personal information in accordance with the Privacy Act. These policies include:

• regulating the collection, use and disclosure of personal and sensitive information.
• de-identifying personal and sensitive information wherever possible.
• ensuring that personal and sensitive information is kept securely, with access to it only by authorised employees or agents of the third parties; and
• ensuring that the personal and sensitive information is only disclosed to organisations which are approved by us.
  

Incidents/Complaints handling/Make a complaint

We have an effective complaints handling process in place to manage privacy risks and issues. If you believe that we may have breached the APPs by mishandling your information, you may lodge a complaint with the Compliance Manager.

The Compliance Manager will respond to your complaint within 30 days.

The complaints handling process involves:

• identifying (and addressing) any systemic/ongoing compliance problems;
• increasing consumer confidence in our privacy procedures; and
• helping to build and preserve our reputation and business.

You can make a complaint to us about the treatment or handling of your personal information by lodging a complaint with the Compliance Manager.

If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by:

• in writing – PO Box 565 Belmont, NSW 2280
• phone – 1300 478 424
• emailing – compliance@shartru.com.au

If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:

• telephoning – 1300 363 992
• writing – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
• online submission – https://forms.business.gov.au/smartforms/landing.htm?formCode=APC_PC

We are committed to helping you have control of your personal information and so it is our practice to take reasonable steps to notify you if we are aware that we have breached your privacy.

In accordance with the Notifiable Data Breaches Scheme, if your personal information is involved in a data breach that is likely to result in serious harm to you, we will notify you and the Australian Information Commissioner.

Testimonials

If you provide us with a testimonial, you give us your consent for the use of your first name and at least the first initial of your surname, your state and the year of service delivery to be displayed on our online services or in our other marketing material, together with the content of the testimonial that you provide. You authorise us to edit your testimonial for length or grammar, but not to change the meaning of what you have said. We may retain and use this information for it’s intended purpose so long as we offer the same type of services.

Social Networking Services and links to other websites

We may provide links to other websites or if you choose to interact with us on social networking sites (Facebook, Twitter, Google My Business, Linkedin, Instagram, Pinterest), we may receive information about you. We may process this data as a legitimate business interest to properly administer our business and website and communications with users. Those websites have their own privacy policies and will also handle your personal information for their own purposes.

How we use Cookies and other identifiers

We use a range of tools provided by third parties including search engine browsers and our web hosting company, to collect or view App, social media or website traffic information. These sites have their own privacy policies. We also may also use pixels, cookies and session cookies. We use these technical and functional cookies to do tasks such as to identify you when you visit our site, manage your log in, remember your preferences, for security purposes, for advertising, for analysis, to manage your sessions on our website and to improve your experience when accessing our online services.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies.

The information collected by these tools may include the IP address of the device you are using and information about sites that IP address has come from, the pages accessed on our site and the next site visited. We use the information, as a legitimate business interest, to help to track your use of our online services to improve your user experience and the quality of our services.

Third party service sites we use such as Google Adwords or Facebook use cookies and may store cookies on your computer when you visit our website. These third-party providers have their own privacy policies for how they control and process personal information.

Using your ads settings https://www.google.com/settings/ads you can opt-out of Google Analytics for Display Advertising and customize what Google Display Network ads you view. Google how to opt out of Google Analytics for the web. To find out how to opt out of tailored advertising please check the options available here http://www.networkadvertising.org/choices/.

Consent to Use of Data

You agree that The Chartist may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals (using cookies). This information may be gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to The Chartist. The Chartist may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

Storage, Security and overseas recipients

We use cloud-based services for the hosting and backup of our online services. These sites have their own privacy statement detailing how they store your personal information.

We use Ontraport customer relationship management system which is a cloud-based service hosted in Santa Barbara in the United States. This means your personal information will cross Country boarders and is stored overseas in a jurisdiction that may have different privacy laws to where you live (although it is only accessed by us and our contractors and employees in Australia). By agreeing to this policy, you agree to such a transfer.

We are committed to ensuring your information is secure. To prevent unauthorised access or disclosure, we use firewall, other electronic security procedures and managerial processes to safeguard your information. Our internal processes may include risk assessment for mis-use, interference loss or unauthorised access, modification or disclosure of your information and background tracking and records of changes made to your personal information. While we do our best to ensure the security of your data, no storage is 100% secure and we cannot guarantee the safety of your data.

Data Rights – accessing and correcting your personal information

At your request, and upon production of satisfactory identification, we will tell you what personal data about you is being processed (eg. what information we have stored), on what basis, and by whom. If you decide your data should not be processed for one or more purposes, you may withdraw your consent from using your data in that way. Please note that we will action your request as soon as practically possible however such a request will not take effect immediately and your data may still be used in the meantime.

You may amend inaccurate, incomplete or outdated personal data at any time by applying directly to us using the contact information in the schedule below.

You may also request that all personal data we have collected about you be deleted from our records and erased from information stored by any third party organisations processing data on our behalf.

If data we have collected about you is processed using automated means, you have the right to receive that data in a structured, machine-readable format and to transmit it to another data controller without hindrance.

Contact Us

Please let us know if you have any requests, feedback or concerns regarding the way we manage your personal data. Use the contact details listed in the below schedule. We will respond to you within 30 days and take action, within reason, as quickly as possible.

If you are not happy with how we manage your concerns, you can contact your local data protection supervisory office, which in Australia is the Office of the Australian Information Commissioner (www.OAIC.gov.au).

Changes to this Privacy Notice

Our privacy notice is regularly reviewed, and we will do so to keep it relevant and up to date with changing laws. We will notify you of any changes by posting the new policy on this page. This privacy policy was last updated on 15th September 2023.

 Schedule

Where used in this privacy policy, we and us means:

The Chartist Pty Ltd ABN 40 641 323 051
13 Angler Street, Noosa Heads QLD 4567
Ph +617 5473 5743
The Chartist Pty Ltd is a Corporate Authorised Representative (CAR No. 1282007) of Shartru Wealth Management Pty Ltd ABN 46 158 536 871, AFSL 422409.
Email: trish@thechartist.com.au

Our contact details:

If you have questions about your information we hold or how we use it, please contact us via email at:
Email: trish@thechartist.com.au