Legal Super Pty Ltd ABN 37 004 455 789, is the Trustee of the registered superannuation fund, legalsuper ABN 60 346 078 879 (together, legalsuper).
legalsuper recognises the importance of protecting and securing your personal information. This Privacy Policy explains how legalsuper aims to protect the privacy of your personal information (including sensitive information), your rights in relation to your personal information managed by legalsuper and the way legalsuper collects, holds, uses and discloses your personal information.
In handling your personal information, legalsuper complies with the Privacy Act 1988 (Cth), as amended (Privacy Act), the Australian Privacy Principles in the Privacy Act and all other relevant Australian privacy laws.
legalsuper will not request personal or financial details from you by unsolicited email or text. If you receive an email or text message claiming to be from legalsuper requesting personal or financial details, call us on 1800 060 312 (8am to 8pm [AEST] Monday to Friday).
Who collects your personal information?
Your personal information is collected by legalsuper. In addition, in order for legalsuper to provide you with its products and services, and depending on which of legalsuper’s products and services you use, your personal information may also be collected by:
- legalsuper’s administrator, Australian Administration Services Pty Ltd ABN 62 003 429 114 (AAS)1, on behalf of legalsuper. AAS has its own Privacy Policy which can be accessed at https://mpms.mufg.com/docs/Link_Group_Privacy_Policy.pdf
- legalsuper's insurer, Zurich Australia Limited ABN 92 000 010 195 (Zurich), which maintains the MemberAccess website which is provided by legalsuper to allow you to manage many aspects of your legalsuper account. Zurich has its own Privacy Policy, which can be accessed at zurich.com.au/important-information/privacy.html
- Super Clearing House Online (SCH Online),2 a web-based, electronic payment facility which enables employers to make one or more bulk superannuation payments (accompanied by electronic contribution data), which is then broken up and distributed to superannuation funds, such as legalsuper. SCH Online has its own Privacy Policy, which can be accessed at www.sch-online.com.au/company/?page=privacy
- legalsuper’s Direct Investment Option (DIO) online platform provider, FNZ (Australia) Pty Limited ABN 67 138 819 119 (FNZ (Australia)). FNZ (Australia) has its own Privacy Policy, which can be accessed at www.fnz.com/privacy-policy
1 AAS is a business owned by MUFG Retirement Solutions (MUFG).
2 SCH Online is a related body corporate of AAS issued by Pacific Custodians Pty Limited and operated by The Superannuation Clearing House Pty Limited.
legalsuper is not responsible for the personal information collected and held by AAS, Zurich, SCH Online, FNZ Australia or any other third parties who collect and hold your personal information.
What kinds of personal information does legalsuper collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its products and/or services, legalsuper may collect your personal information.
Generally, legalsuper collects the following kinds of personal information:
- contact and identification information such as your name, date of birth, nominated address/preference for communications, gender, phone number(s), email address, Tax File Number and bank account details;
- personal information of your dependants or potential dependants, including marital status, health and financial information (see ‘Claims Information’ below);
- employment related information such as your annual salary, date of commencement of employment and superannuation benefit, including amount, contributions and rollovers paid to SCH Online and/or legalsuper by you or on your behalf;
- where you are applying for a position with legalsuper, information collected in the course of the recruitment process, including your resume, details of your work history and qualifications, your application form and related materials and background checks (which may include visa, reference and police checks);
- nominated beneficiaries, if provided to us;
- health information, including medical reports, where you consent to the collection of such information and it is relevant to the provision of our products and/or services, or where you are applying for a position with legalsuper and it is relevant to legalsuper’s assessment of whether you are able to perform the inherent requirements of the particular role;
- when registering for the DIO online platform as a ‘Free Access User’ or a ‘Full Access User’, details about the type of user access you have registered for and the superannuation and/or pension account(s) you hold with legalsuper, including the balance of such account(s);
- instructions provided to SCH Online and/or legalsuper regarding your account(s) with legalsuper, including orders to buy or sell listed securities and/or Term Deposits, all instructions regarding dividend reinvestment and corporate action elections, switching or re- weighting investment options, or establishing or changing investment options and all other instructions relating to your account(s);
- your activity, commentary or opinion posted on our social media platforms; and
- other personal information required for legalsuper’s functions and activities or provided by you.
Sensitive information
Sensitive information is a subset of personal information and includes information about your health, race or ethnicity, political opinions or associations, criminal records, religious or philosophical beliefs, sexual orientation or practices, trade union membership or associations.
Generally, legalsuper will obtain your consent to collect sensitive information about you. However, there may be circumstances where legalsuper collects sensitive information about you without your consent where such collection is permitted, authorised or required by Australian law.
Why does legalsuper need your personal information?
legalsuper collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
- providing legalsuper’s products and/or services to you and all associated purposes, including establishing your membership, and arranging any insurance cover, investing and administering your superannuation entitlements, verifying your identity and contact details and responding to any inquiries, feedback or complaints by you;
- identifying, calculating and paying your superannuation benefits, including any insurance component;
- allowing legalsuper to accept personal superannuation contributions from you;
- deducting tax from payments, reporting to the Australian Taxation Office (if applicable), and making reports to the unclaimed money register;
- providing general and scaled personal advice to you;
- providing the DIO to you;
- communicating with you regarding legalsuper, superannuation and legal community matters;
- understanding your financial goals, needs and preferences;
- complying with legalsuper’s taxation payment and reporting obligations;
- reporting to other regulated superannuation entities when benefits are rolled over or transferred to the other entity;
- rolling over or transferring your superannuation benefits to another superannuation entity, where requested or required;
- processing and assessing employment applications for current and future positions with legalsuper;
- your employment with legalsuper or a contracted labour hire provider;
- accounting, billing and other internal administrative purposes;
- identifying and informing you of relevant products and services provided by legalsuper and other selected third parties;
- otherwise managing legalsuper’s internal business operations and processes; and
- any other legal obligations or requirements.
legalsuper may also use your personal information for purposes related to the above purposes and for which you would reasonably expect legalsuper to do so in the circumstances, or where you have consented to the use, or the use is otherwise in accordance with Australian law.
Where personal information is used or disclosed, legalsuper takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to legalsuper. However, without certain information from you, legalsuper may not be able to provide its products and/or services to you.
Claims information
If you die, legalsuper will request a copy of your death certificate. legalsuper must obtain personal information about each of your dependants 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 dependant.
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 Zurich for its assessment.
If you apply for early release of a benefit on grounds of financial hardship, legalsuper will need to obtain personal information about you and 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.
How does legalsuper collect your personal information?
Generally, legalsuper collects your personal information directly from you, through:
- your interactions with legalsuper, whether face-to-face or via manual online forms, email, telephone, video conference, other electronic communication or post;
- your use or access of legalsuper’s website and applications, including the legalsuper mobile app and MemberAccess;
- you requesting information from legalsuper;
- you communicating with us about our products or services or other questions; and/or
- your voluntary participation in market research.
Where appropriate, personal information provided orally or electronically by you is confirmed by way of a confirmation letter, sent to you as soon as practicable after receipt of the information by legalsuper either electronically or by post.
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.
On some occasions, legalsuper may collect your personal information from other sources, such as:
- your employer, who provides your details to legalsuper to meet their obligations under the Superannuation Guarantee (Administration) Act 1992 (Cth);
- your adviser, previous superannuation fund or other representative authorised by you;
- our administrator, MUFG, on behalf of legalsuper;
- our insurer, Zurich, if you apply for Zurich’s services and this information is required by legalsuper for the purposes of its activities;
- if your employer uses SCH Online to make your superannuation contributions into legalsuper, we will collect information disclosed to us by SCH Online;
- if you choose to register for a DIO account, our DIO online platform provider, FNZ (Australia);
- collection technologies, for example cookies, web beacons, pixels, gifs, tags, and other technologies that may collect information;
- a publicly maintained record or other publicly available sources of information including social media platforms and similar websites, such as LinkedIn;
- if for recruitment and employment purposes, an external recruitment, labour hire, or background screening services provider or third parties with whom you have previously worked; and/or
- other third parties, such as government agencies.
Cookies and other collection technologies
When you are accessing legalsuper’s website, legalsuper uses ‘cookies’ (which are small pieces of information sent from the website and stored by your browser on your computer’s hard drive) and other technologies that may collect information (such as web beacons, pixels, gifs, tags). These technologies enable legalsuper’s systems to provide features of its services, allow you to visit its website without re-entering your username and/or password, personalise and improve your experience, improve the functionality and user-friendliness of its services, and monitor how its websites and emails are used by you.
This information is used by legalsuper to improve and tailor its website functionality, better understand how you interact with legalsuper products and services, and to monitor aggregate usage and web traffic routing on its website. You can modify your browser setting by editing your browser options to reject legalsuper’s cookies or to prompt you before accepting a cookie. However, if a browser does not accept cookies or if you reject a cookie, some portions of legalsuper’s online services may not function properly.
Information collected may be shared with our relevant service providers to assist with optimising your experience.
If you do not wish to receive communications from legalsuper that we are not legally required to send to you, you can opt out via the unsubscribe link in the emails we send you, via MemberAccess, when completing a membership application form or at any time by contacting us on 1800 060 312 (8am to 8pm [AEST] Monday to Friday).
How does legalsuper store and secure your personal information?
legalsuper takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference, and loss and from unauthorised access, modification, or disclosure.
Personal information is held by legalsuper, in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff within the relevant part of the business.
All computer systems are firewall and password protected to prevent, to the extent possible, access by unauthorised personnel. Most computer records and back-up records are maintained within Australia. Where possible, legalsuper will enter into agreements with service providers which are domiciled in Australia.
legalsuper will destroy or de-identify personal information in circumstances where it is no longer required, unless legalsuper is otherwise required or authorised by law to retain the information.
legalsuper will destroy or delete personal information disclosed to it by other parties in circumstances where the information is not relevant to legalsuper’s functions or activities, including circumstances where information is inadvertently disclosed to it.
legalsuper’s service providers are responsible for maintaining and securing all personal information that is provided to them or collected directly from you. legalsuper is not responsible for the acts or omissions of any third parties who may hold your personal information.
To whom does legalsuper disclose your personal information?
legalsuper discloses your personal information for the purpose for which legalsuper collects it (see ‘Why does legalsuper need your personal information?’ above). Depending on the circumstances, this may include disclosing the personal information legalsuper holds about you to:
- you;
- your spouse (under certain conditions);
- MUFG, Zurich, SCH Online and FNZ (Australia);
- legalsuper’s directors;
- legalsuper’s professional consultant(s), auditors, advisers, agents, contractors and related bodies corporate;
- archiving companies who are engaged to ensure that all documents are held in a secure environment;
- digital communication and distribution organisations who are engaged to electronically communicate and distribute legalsuper communication material, including direct marketing;
- third parties engaged to perform administrative or other business management functions, including the mailing house used to distribute communication material to you;
- service providers engaged to provide consulting services including address matching organisations which cross match personal details with information from superannuation funds and other sources to help keep your contact details accurate and to locate any other superannuation accounts you may have;
- medical practitioners and other service providers engaged by legalsuper to assist in the underwriting and assessment of claims;
- IT service providers who maintain legalsuper’s information technology systems and provide information technology services; and
- marketing and communication researchers, agencies and analytics providers who have been engaged by legalsuper to provide survey, research, analytics, advertising and marketing services to legalsuper.
legalsuper does not provide third parties with your personal information for the purpose of that third party making unsolicited offers of products or services to you.
You may appoint an agent to act on your behalf or to receive information about your benefits. Any agent, including accountants, financial planners, attorneys under powers of attorney and legal representatives must be authorised by you (in writing) to receive your information.
In some circumstances, we are required by law to disclose your personal information to regulatory and other persons and bodies, including:
- Government regulators, including the Australian Prudential Regulation Authority (APRA) and the Australian Securities and Investments Commission (ASIC);
- the Courts and other law enforcement agencies;
- your spouse (including former spouse), in accordance with family law requirements;
- the Australian Financial Complaints Authority and Superannuation Complaints Tribunal ;
- the Australian Taxation Office; and
- other superannuation funds for the purpose of transferring/rolling over your benefits to or from another fund.
legalsuper discloses your personal information to third parties on a confidential basis and/or otherwise in accordance with law. legalsuper may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Security of employee / recruitment personal information
Where you have applied and are successful for employment with legalsuper, your personal employee records (including all recruitment documents) will be maintained in accordance with the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth), as amended.
legalsuper will destroy or de-identify personal information of unsuccessful employment applicants where it is no longer required, unless legalsuper is otherwise required or authorised by law to retain the information.
Can you access and correct the personal information that legalsuper holds about you?
legalsuper takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by legalsuper. If at any time you would like to access personal information that legalsuper has collected about you, you can make a request by contacting legalsuper’s Privacy Compliance Officer on the details set out below.
You should notify legalsuper of any relevant changes to your personal information as soon as practicable. If you notify legalsuper that the personal information it holds about you is inaccurate, incomplete or not up-to-date, your request to change your personal information will be actioned as required under the Privacy Act and soon as practicable and a letter confirming the change will be sent to you either electronically or via the post.
legalsuper will grant you access to your personal information to the extent required or authorised by the Privacy Act and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information, you will need to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected. legalsuper will endeavour to respond to your request to access or correct your personal information within 30 days of your request.
Where access to personal information is denied, legalsuper will give you a written explanation about why access is being denied.
Where permitted by law, legalsuper will utilise technology and databases, and enact other policies such as the transfer of lost, uncontactable and/or certain inactive members to the ATO, to ensure the quality of the personal information held by legalsuper, the correct allocation of benefits, and that lost, uncontactable and/or certain inactive members are able to identify their benefits via the ATO.
Overseas disclosures
legalsuper may disclose personal information to overseas recipients in order to provide its products and/or services and for administrative or other business management purposes. Recipients of such disclosures include service providers of AAS who are located in other countries, including China (Hong Kong), France, Germany, India, Luxembourg, New Zealand, Papua New Guinea, the Philippines, and the United Kingdom, the United States of America, and United Arab Emirates. AAS has its own Privacy Statement and is responsible for information it collects.
Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, legalsuper takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact legalsuper’s Privacy Compliance Officer on the details set out below.
Data Breaches
legalsuper takes the security of your personal information very seriously and takes reasonable steps to protect your personal information from loss, misuse, interference and unauthorised access. If an unforeseen event was to occur and legalsuper’s data, including personal information held by legalsuper, was interfered with or accessed by an unauthorised person(s), legalsuper has in place a number of mechanisms to contain the breach and assess the impact and would comply with any applicable legal obligations to notify you.
Complaints and Enquiries
legalsuper manages privacy complaints and enquiries in accordance with its Internal Dispute Resolution Policy. All privacy complaints will be treated seriously and will be dealt with promptly and in a confidential manner.
To make an enquiry or complaint regarding a privacy matter please contact legalsuper’s Privacy Officer at:
Address: |
Privacy Officer Locked Bag 5081 Parramatta NSW 2124 |
Phone: |
1800 060 312 (8am to 8pm [AEST] Monday to Friday) |
Email: | mail@legalsuper.com.au |
Website: |
If you are not satisfied with the outcome of your privacy complaint, you can refer the matter to the Office of the Australian Information Commissioner at:
Address: |
GPO Box 5218 Sydney NSW 2001 |
Phone: | |
Email: | enquiries@oaic.gov.au |
Website: | oaic.gov.au |
By agreeing to participate in legalsuper, you agree to legalsuper collecting, using, storing and disclosing personal information and sensitive information about you in accordance with this Privacy Policy.
13 June 2024
Legal Super Pty Ltd ABN 37 004 455 789 AFSL 246315 is the Trustee of legalsuper ABN 60 346 078 879