Privacy Policy
1. Privacy Policy
This website is operated by Wilkinson Butler on behalf of Johnson Winter Slattery (ABN 70 843 523 318) (referred to as “we” and “us”).
We are the solicitors acting for the Applicants in the “CMC Markets Class Action” described on this website.
We have a commitment to respecting your privacy and believe that privacy is an important individual right.
This Privacy Policy (“Policy”) applies in relation to aspects of conducting the CMC Markets Class Action and the administration of this website in particular, and explains how we comply with the Privacy Act 1988 (Cth) (“the Privacy Act”).
This Policy relates to the collection, storage and use of personal information that is covered by the Privacy Act, being information or an opinion relating to an individual, which can be used to identify that individual. This Policy is not intended to cover information that is not protected by the Privacy Act.
2. Collecting information about you
In the course of conducting the CMC Markets Class Action, we may have collected some information about you such as your name and contact details, and trading details. We collect personal information directly from you or from publicly available resources. We, or third party service providers engaged by us, may collect personal information from you in the administration of this website including in the context of addressing any queries you may have in relation to the CMC Markets Class Action. This information is collected in order to provide services and related administrative tasks in connection with the CMC Markets Class Action.
If you do not provide us with certain information where requested (or do not update that information) this may limit the services we provide.
We do not collect sensitive personal information (such as information about your health, religion, or membership of a professional / trade association) unless it is reasonably necessary for us to perform our services and you consent to the collection.
3. Using and disclosing your personal information
We collect, hold, disclose and use your personal information to:
- provide our services;
- generally communicate with you;
- conduct the CMC Markets Class Action;
- comply with legal obligations, including in relation to the CMC Markets Class Action; and/or
- other purposes related to any of the above; and/or
- contact you in relation to any other action or investigation that may be relevant to you.
If we engage third parties to perform services for us, which involves the third party collecting personal information that we hold, or collecting personal information on our behalf or both, we will notify the third party that they may not use personal information about you, except for the specific purpose for which we supply it, and that it must be handled according to the terms of this privacy policy. Other third parties may be involved in storing and transmitting personal information will be held and transmitted in an encrypted form.
The third party service providers who may have access to your personal information include other professional services firms assisting with the CMC Markets Class Action and providers of information technology and other administrative services.
We may also disclose your personal information:
- subject to our obligations to clients, to any person where necessary or desirable in connection with the provision of our services in and related to the CMC Markets Class Action, such as to the applicants and experts where required for the purposes of progressing that Action;
- to barristers and other legal representatives involved in the CMC Markets Class Action;
- to the funder of the CMC Markets Class Action on a confidential basis;
- where required or authorised by law;
- where you consent to the disclosure.
We do not disclose any personal information we collect to third parties for the purpose of allowing them to directly market their products and services. We do not sell or trade personal information.
4. Disclosure of personal information outside Australia
We may disclose your personal information to overseas persons or entities if it is required for us to perform our services.
We will take reasonable steps to ensure that any overseas persons or entities to whom any personal information is disclosed do not breach the relevant Australian Privacy Principles.
5. Accessing and correcting personal information we hold about you
You can contact us any time to request access to your personal information or for your personal information to be corrected or updated. To update your personal information you can do this by calling +61 28274 9555.
Unless an exception applies, we will, upon request and within 28 days, provide you with access to the personal information we hold about you. We will provide you with access to your personal information in a manner requested by you (providing it is reasonable and practicable to do so).
If we are unable to provide you with access to the information, we will provide you with reasons and inform you of any exceptions relied upon under the Privacy Act (e.g. if your request is unreasonable or relates to legal proceedings including privilege or is otherwise unlawful). We will also provide you details of the process for making a complaint about the refusal to grant you access.
We will take appropriate steps to verify your identity (or verify that you act as a legal guardian or authorised agent of the individual concerned) before granting a request to access your personal information.
We will take reasonable steps to ensure that the personal information we collect about you is accurate, up-to-date, complete and relevant. Upon request we will correct your information within 28 days of the request. We will take reasonable steps to notify any relevant third parties of the correction where required to do so under the Privacy Act.
6. Storage and security of your personal information
We will take all reasonable steps to ensure that your personal information is kept secure. Your personal information may be stored in hard copy documents and/or as electronic data in our software or systems. We maintain physical security over our premises and also maintain computer and network security.
We require our employees to respect the confidentiality of any personal information held by us.
Your personal information is stored by us on data servers operated by third party service providers located outside Australia but in an encrypted form.
7. Our website and use of cookies
A cookie is a small data file that a website may write to your hard drive when you visit that website. A cookie file can contain information (such as a user ID) that a website can use to track the pages you have visited and your preferences. The only personal information a cookie can contain is information you personally supply. A cookie cannot read data from your hard disk or read cookie files created by other websites.
We may use cookies to track user traffic patterns through our website. You may be able to change the settings of your browser so that cookies are not accepted generally or that you are provided with options to accept or reject them as they are sent to your browser. You might not be able to use the full functionality of the Website by refusing the use of cookies.
8. Spam Act
We comply with the Spam Act 2003 (Cth), which regulates the sending of emails and other commercial electronic messages.
9. Effect of the Policy
This Policy does not form a contract between an individual and us. This Policy may change to reflect our business and technology. Whenever you need to refer to this Policy you should refer to our website – www.cmcmarketsclassaction.com.au – or contact us for the most up to date version.
Please note that our website may contain links to other websites. When a user has clicked on a link to another site, they leave our site and are no longer protected by this Policy.
10. Complaints
If you believe that we have breached a term of this Policy or the Australian Privacy Principles you may submit a written complaint to the Senior Officer by clicking here. You must include contact details for us to contact you regarding your complaint. Your complaint will be addressed in accordance with our Complaints Resolution Procedure, which is available to clients. If you are not satisfied with the way in which we handle your complaint, you may take your complaint to the Office of the Australian Information Commissioner (OAIC). The contact details for the OAIC are available here.
11. Contacting us
If you wish to gain access to your personal information, amend your personal information, have any query regarding the Policy or wish to obtain a hard copy of the Policy, please contact us directly on +61 2 82749555.
Johnson Winter Slattery has commenced a class action against CMC Markets Asia Pacific Pty Ltd, alleging that during the relevant period CMC issued highly leveraged CFDs and binaries to retail investors, which were highly risky and unsuitable for retail clients, and CMC made misrepresentations about the nature and risks of highly leveraged CFDs and binaries, failed to adequately disclose the significant risks of CFDs and binaries, and operated a system which was likely to cause (and did cause) retail investors to invest in highly leveraged CFDs and binaries.