Stuart Carlyon is committed to protecting your privacy. This Privacy statement sets out how we handle personal information in accordance with the Privacy Act (2020) (Act). It outlines how we collect, store, use, share and protect your personal information.
It also describes the procedure for requesting access to and correction of personal information and for making a complaint to the Privacy Officer of Stuart Carlyon.
In this statement, “you” and “your” refers to any visitor to our website and our clients.
The terms “we”, “us” and “our” refer to Stuart and Carlyon Limited.
Collecting your personal information
We collect personal information about you that is necessary for us to provide you with our financial planning service. We also collect information to maintain your contact details and to fulfil our legal obligations such as those that arise under taxation and anti-money laundering and counter-terrorism laws and regulations.
Your personal information is usually collected directly from you via your contact with us. This can be through a meeting with your adviser, a phone call, an email or via our website.
We may also collect information about you from the following:
- publicly available sources eg companies register, internet
- your professional advisers eg lawyers, accountants
- other financial service providers who may have introduced you to us
- agencies that provide electronic identification verification services
We collect your personal information from the above parties (other than publicly available sources) only when you have authorised the relevant collection.
The types of personal information we generally collect and hold relate to:
- your name, contact details, identification and tax information.
- your financial position and objectives and the financial products and services we have provided to you
- your interactions with us.
If we do not collect your personal information, then we may not be able to deal with you or to provide you with our financial services. Please ask us if you are unsure what information is important and how this might affect you.
Using your personal information
In order to deliver our services, we use your personal information in the ways set out below. If we need to use information in a way not outlined below, we will only do so if required or permitted by law or with your authorisation.
We use your personal information to:
- Provide our financial planning services and advice to you
- Implement your instructions in managing your investments
- To respond to communications with you
- To confirm your identity
- To conduct research to improve our services
- To comply with our legal obligations and to support us to engage with relevant regulators.
We may use your personal information to contact you with newsletters, emails and other information such as invitations to special events. You can ‘opt out’ of receiving Stuart Carlyon communications at any time by emailing us at email@example.com.
Sharing your personal information
Besides our staff, we may share your personal information with third parties who enable us to provide you with our services.
We may disclose personal information to:
- agents and contractors that provide services to us or perform functions on our behalf, including custodians, auditors, compliance reviewers, legal advisers, insurers, electronic identification verifiers, website managers, and providers of internet, data storage and data access services
- anyone else whom you authorise us to disclose personal information, and
- anyone else required or authorised by law.
We do not authorise third parties to use or disclose your personal information except for the purpose of providing the service we request of them. All third parties, which we disclose your personal information to, are subject to obligations under the Act to protect your information from unauthorised use or disclosure.
Protecting your information
The information we hold about you may be stored in hard copy documents or stored electronically on physical hard drives and on the cloud using cloud-based storage.
We maintain physical security measures over our premises such as locks and alarm systems. We also use technology to maintain the security of our computer network and employ firewalls and other security measures such as password protection to control access to our computer systems.
We use trusted third-party providers to store and process our data and ensure that our cloud-based platforms and storage providers meet New Zealand privacy requirements.
Accuracy of personal information
We aim to ensure that the personal information we keep is accurate, up-to-date, complete, relevant and not misleading. We encourage you to contact us immediately if any of your information changes.
Where you give us information about others
If you give us personal information about someone else, you must ensure that you have their consent to do so (including their consent to us contacting them), so that, without us taking any further steps required by applicable privacy laws, we may collect, use and disclose such information for the purposes we have described in this statement.
Accessing, correcting and deleting personal information
You have the right to access, seek correction and in some circumstances delete your personal information that we hold about you, in accordance with the Act.
You can do this by contacting our Privacy Officer via the contact details listed below.
The Privacy Officer
Stuart Carlyon Limited
PO Box 137-154, Parnell, Auckland, New Zealand 1151
Where information is held in such a way that it can be readily retrieved by us, we will, on request, provide the information to you, in accordance with the Act.
We will respond to the request within 20 working days.
In some circumstances we are not required to give you access to your personal information. If we refuse to give you access or to correct or delete your personal information, we will notify you of the reasons for refusal to the extent of our legal obligations.
If we refuse your request to correct or delete your personal information, you also have the right to request that a statement be associated with your personal information noting that you disagree with its accuracy.
Retention of information
Under the Act we can only keep personal information if we have a legitimate business purpose for the information or there is a legal or regulatory reason to hold the information. In the case of information that relates to our advice services or products we have provided, we are required by law to hold this information for seven years. After this time, provided that the personal information is no longer relevant to any service we are providing you or for any other legal requirement, we will take reasonable steps to safely destroy or de-identify any personal information.
If you believe we have breached the Act or are concerned about how your personal information is being handled, or you believe your privacy has been compromised, please contact us at:
The Privacy Officer
PO Box 137-154, Parnell, Auckland, New Zealand 1151
+64 9 307 2331
We are committed to dealing quickly and appropriately with any privacy complaints. However, if you are not satisfied with the manner in which we have handled the complaint, you can lodge a complaint with the Office of the Privacy Commissioner at:
Office of the Privacy Commissioner
PO Box 10-094, Wellington, New Zealand 6143
0800 803 909
Changes to this Privacy statement
We may make changes to this statement by uploading a revised version to the website. Any change/s will apply from the date that we upload the revised statement to the website.
Effective date: 19 August 2021