The ESI Group is committed to the protection of the information it holds about you. This Policy sets out the processes the ESI Group has in place to protect your information and includes the collection, use, disclosure and security of your information. It also details how you can access and correct information we hold about you and how you may make enquiries or complaints about how we manage this information.
The ESI Group incorporates:
- Electricity Supply Industry Superannuation (Qld) Ltd (ABN 30 069 634 439; AFSL 336567) (the Trustee) as Trustee for Energy Super (ABN 33 761 363 685)
- Energy Super (the Fund), and
- ESI Financial Services Pty Ltd (ABN 93 101 428 782; AFSL 224952). ESI Financial Services Pty Ltd is a wholly owned subsidiary of Energy Super.
The ESI Group is required to comply with the requirements of the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles (APPs). The Privacy Act provides for a legislative framework governing the management of personal information held in respect of members of the Fund and clients of ESI Financial Services Pty Ltd.
2. Personal information collected and held by the ESI Group
The ESI Group will only collect information about you where it is fair and lawful to do so. When we collect information from a person or organisation other than you, it is usually done because we are required to under superannuation or related legislation (i.e. anti-money laundering, corporations, family, taxation legislation; or under court/tribunal orders). Personal information collected and held may be shared across the ESI Group to provide our products and services.
Personal information is any information that can identify you or can reasonably enable your identification. The types of information we collect about you are your name, contact details, Tax File Number, gender, date of birth, occupation, name of employer and names of preferred beneficiaries.
Personal information also includes ‘sensitive information’. Sensitive information is any personal information about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, health or genetic information.
We may collect government related identifiers such as Tax File Numbers. We will not adopt these unless we are authorised under legislation. We will disclose a government related identifier to a third party in the following circumstances:
- Required by legislation
- Required by a court order
- For enforcement related activities.
If we ask for your personal information and you don’t give it to us, we may not be able to provide you with any, some, or all of the features of our products or services available to you.
You have the right to anonymity or the use of a pseudonym when dealing with us. However, if you do this, it means we may not be able to provide you with the services you request.
From time to time we may receive unsolicited information from you. If this occurs we will:
- Consider if we can collect it,
- If we can collect it we will notify you of its receipt and the circumstances of its collection.
Members cannot access information about any other member, including their spouses, without the other member providing consent.
We will collect information from you through various channels including Member Application and Insurance Application Forms, Change of Member Details Forms, Employer communications, information over the telephone, information via Member Online, information via Employer Online, when you use various calculators provided on our website, seminars (public and workplace), workplace meetings, email enquiries, telephone calls received in our Contact Centre and outbound telephone calls.
Inbound calls are recorded. If you not wish to have your call recorded you can request we telephone you back on an unrecorded line.
Recipients of outbound calls (either in response to a member’s request or a call initiated by Energy Super) will be advised the call will be recorded subject to the recipient’s agreement. Where the recipient does not agree to the call being recorded they will be telephoned back on an unrecorded line. The caller will confirm to the recipient the call is not being recorded. Where subsequent outbound calls are made to the same member, the information in respect of call recording will be provided on each occasion.
3. Purposes for which the ESI Group collects, holds, uses or discloses your personal information
The ESI Group collects your personal information in order to process your application for membership and for the purposes of our ongoing relationship with you as described below.
- administering your account, providing insurance cover, investing in accordance with your chosen investment option etc.
- providing services complementary to your account such as inbound and outbound phone services; webinars, public and workplace seminars; provision of information to employers; newsletter; website; education materials regarding our products and services e.g. brochures/flyers etc. and single issue advice on investments, insurance and contributions.
- provide you with comprehensive financial advice agreed to in the Terms of Engagement including retirement advice on investments, pensions, capital adequacy, Centrelink, etc. on both superannuation and non-superannuation matters;
- conducting market research and analysis;
- developing and improving products and services, and informing you about additional products and services that may be of interest to you via direct marketing;
- processing your beneficiary nomination and paying benefits to your beneficiaries. (If you die, the Trustee needs information about persons who are entitled to be considered for distribution of your death benefit. This includes a member’s spouse, children, any other dependent and any person who might be a beneficiary of the member’s estate. The information the Trustee will ask about those persons will be their name, address, gender, and date of birth, details of their financial position and financial needs and any other information that will assist the Trustee in deciding who the death benefit should be distributed to);
- processing a financial hardship benefit (more information is collected about your personal circumstances in order to assess your claim); and
- collecting information from recruitment agencies when searching for employment candidates, including pre-employment checks that may occur during the recruitment process. If you are successful to obtain a position with The ESI Group, this information will be kept as part of your employer history
- meeting legislative and regulatory obligations.
4. Disclosure of personal information to other parties
We may disclose your personal information to our service providers, including Independent Fund Administrators & Advisers Pty Ltd and ESI Financial Services Pty Ltd (a wholly owned subsidiary of Energy Super), who both provide administration and other services to Energy Super.
For members who nominate insurance above the automatic acceptance level, the Trustee needs more information about your state of health and medical history (i.e. sensitive information) so that your eligibility for additional insurance can be assessed. This information is collected by the Fund Administrator and passed on to the Fund’s insurer.
In the case of disability claims, the Trustee may pass personal and sensitive information to medical practitioners and other experts nominated by the Fund’s insurer. Most of this information will be collected from yourself but information may also be collected from doctors and other experts and from your employer. Information about you that is held by the Fund administrator will normally only be disclosed to the Fund’s insurer. Where you make an income protection or total and permanent disablement claim, information might then be disclosed to doctors and other experts nominated by the Fund’s insurer. These other parties are also required to protect the privacy of personal information they receive, under the APP regime.
We may also use or disclose your information for the following purposes as superannuation legislation requires us to:
- pass information to a member’s spouse if requested in relation to a family law matter;
- pass information to another Fund in the event of a rollover request;
- undertake regulator reporting e.g. APRA and ATO where required by legislation;
- provide information to the Superannuation Complaints Tribunal or the courts in relation to a complaint.
We may also collect information from your employer where we have not received a completed Member Application Form or if we believe the information we hold about you is not complete or up-to-date.
If we use or disclose your personal information for enforcement related activities, we will make a written record of this.
We may disclose your personal information to an overseas recipient for the following purposes:
- we are required by legislation to do this;
- if you wish to rollover superannuation funds to a New Zealand Kiwi Saver scheme we will disclose your personal information to that scheme provider; or
- if you wish to transfer funds from certain eligible overseas-based pension funds, we may disclose your personal information to the fund(s) in the relevant countries such as the United Kingdom and Ireland; or
- if you have Income Protection insurance, in some instances your personal information might be disclosed to our insurers and their business partners, reinsurers and service providers. The countries in which these recipients may be located will vary from time to time, but include the United Kingdom, United States of America and other countries where they have a presence.
5. Data Quality and Security
We will ensure the information we hold about you is accurate, complete and up to date.
We will do this by regularly conducting data quality routines and applying other periodic checks for data quality, and updating information where required. We may also request you review information we send you, to advise of any changes to personal information.
We will also ensure the information we hold about you is secure and is protected from misuse, interference and loss, or from unauthorised access, modification or disclosure.
If we have determined we no longer need the information about you, we will take steps to destroy the information or ensure it is de-identified.
6. Website security
7. Access and correction of information
The Trustee aims to ensure the information it holds about members remains accurate, complete and up-to-date. At the time of joining, members are sent a ‘Welcome Letter’ asking them to check and correct their details. When members are sent their half-yearly Record of Contributions and Annual Member Benefit Statement, they are asked to notify any changes in their personal information. Annual Employer Statements also ask employers to notify any changes in information.
We may correct the information we hold about if you if we believe it is inaccurate, out of date, incomplete, irrelevant or misleading. If we correct information we hold, and have also provided the information to a third party (under approved means), we will also request that entity to correct the information held about you.
You are entitled to access the information the ESI Group holds about you. You are welcome to check your personal details are correct or to find out information about your account. Requests for information can sometimes be answered over the telephone, or a copy of the information can be sent by post. We will respond to your request within a reasonable timeframe and will not charge you for making a request or accessing information held about you.
We are not obliged to give you this information if the information is confidential or it relates to another person.
To correct member details, a Change of Member Details Form must be completed, or alternatively you can advise us in writing (written requests for information must be signed by the member). For security reasons, the Trustee will not give any information over the telephone unless the person making the enquiry is able to answer appropriate security questions to confirm their identity.
Members can also make arrangements, by telephone or in writing, to come into the ESI Group office at an appointed time during normal working hours to look at their information on a computer screen. Again, proof of identity will be required.
We may refuse to correct or provide you with the information we hold about you. If we do, we will give you written reasons that set out:
- the reasons for the refusal, except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so, and
- the mechanisms available to complain about the refusal, and
- any other matters prescribed by the regulations.
If we refuse to correct the information you have the right to ask us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, the entity must take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
8. Direct marketing
The ESI Group may use your personal information to let you know about third party products and services (through direct marketing) that may be of interest to you as a member of the Fund such as mortgage/banking services and membership rewards programs. In addition, the ESI Group may let you know about financial planning services provided through ESI Financial Services.
The ESI Group will use or disclose your personal information for direct marketing only where you have given your consent or when you would reasonably expect us to use or disclose the information for that purpose and we provide a means of opting out.
We will not use the sensitive information we hold about you for the purpose of direct marketing. If we do, we will only do this if you have consented to the use or disclosure of the information
You may request at any time to not receive direct marketing communications from us. You will not be charged for making this request.
9. Our complaints handling process
We take complaints about privacy breaches seriously. We have established an internal complaints process which will consider any complaints made about breaches of privacy and attempt to resolve it in a timely manner. This is no charge for this service.
If you have a complaint about a possible breach of your privacy, then you should contact the Complaints Officer using any of the contact methods listed below.
10. Contact us
For further information, contact us:
Level 8, 100 Creek Street, Brisbane QLD 4000
PO Box 10530
Brisbane Adelaide Street QLD 4000
Phone: 1300 4 ENERGY (1300 436 374)
ESI Financial Services Pty Ltd
Level 8, 100 Creek Street, Brisbane QLD 4000
GPO BOX 1006
Brisbane QLD 4001
Phone: 1300 4 ENERGY (1300 436 374)