AUSCAP’S PRIVACY POLICY
Auscap Asset Management Limited ABN 11 158 929 143 (“Auscap”, “we”, “us” or “our”), is committed to protecting your privacy in accordance with the Privacy Act 1998 (Cth) (“Privacy Act”), including the Australian Privacy Principles (“APPs”). This Privacy Policy describes our handling and management of your personal information (as defined in the Privacy Act).
The kinds of personal information we collect and hold
Auscap collects and holds personal information about you that is reasonably necessary for the performance of its functions and activities, including maintaining a unitholders registry of investor details in accordance with the requirements of the Corporations Act 2001 (Cth) (“Corporations Act”).
The kinds of personal information that we collect and hold include:
- names;
- addresses; and
- contact details.
How we collect and hold your personal information
Auscap generally collects your personal information directly from you, unless it is unreasonable or impracticable to do so, in which case personal information about you may be collected from third parties.
If we are unable to collect all of the personal information we request, we may not be able to provide you with the relevant services, products or assistance you require.
We hold your personal information:
- only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any applicable legal or ethical reporting or document retention requirements; and
- using industry standard security methods and best practices to protect your personal information from unauthorised access, modification or disclosure, and from misuse, interference and loss.
We strive to maintain the accuracy, completeness, currency and relevance of your personal information we collect, hold, use and disclose.
The purposes for which we collect, hold, use and disclose your personal information
Auscap only collects, holds, uses and discloses your personal information for the general purposes of:
- your participation and investment in the Auscap High Conviction Australian Equities Fund (“High Conviction Fund”), if applicable;
- your participation and investment in the Auscap Ex-20 Australian Equities Fund (“Ex-20 Fund”), if applicable;
- fulfilling our legal and regulatory obligations; and
- performing our related administrative and organisational functions and tasks.
We will not use or disclose your personal information for any other purpose unless we:
- obtain your consent;
- are authorised or required by law;
- are permitted under the APPs; or
- are satisfied that you would reasonably expect us to use or disclose your personal information in relation to any of the general purposes referred to above.
Once you become a unitholder in a scheme, Chapter 2C of the Corporations Act requires information about you (including your name, address and details of the units you hold) to be included in a register. This information must continue to be included in the High Conviction Fund’s register or the Ex-20 Fund’s register (as applicable) even if you cease to be a unitholder. These statutory obligations are not altered by the Privacy Act.
We may also use and disclose your personal information to send you product information and to enable us to manage your ongoing requirements and your ongoing relationship with us. We may send you regular updates by email or by post on investment matters, including information pertaining to the performance of the High Conviction Fund or the Ex-20 Fund (if applicable) and our newsletter.
We may also use your personal information internally to help us improve our products and services and help us resolve any problems.
Disclosure of personal information to third parties, authorities and overseas recipients
We may disclose your personal information to:
- our external service providers that provide administration, custody and other services;
- any joint holder of an investment;
- parties authorised by you such as a licensed financial adviser, dealer group or service provider; and
- governmental or regulatory bodies and agencies such as the Australian Taxation Office, ASIC, AUSTRAC or a law enforcement agency.
We will take reasonable steps to ensure that our external service providers handle your personal information in the same way that we do and in accordance with the Privacy Act and the APPs. No service providers of Auscap are permitted to use and disclose your personal information for any purpose other than to perform the services we have asked them to provide. We may also disclose your personal information to any of our related companies.
Auscap uses third-party administrators to support the administration of the High Conviction Fund and the Ex-20 Fund. We have contractual agreements with these service providers to ensure that they comply with privacy laws when dealing with your personal information.
Your personal information may be provided to external service providers in offshore locations such as India.
We do not sell, trade, or rent your personal information to others.
Your rights of access, correction and complaint
Upon receipt of your written request and enough information to allow us to identify you and retrieve your personal information, we will give you access to the personal information we hold about you. We will also correct, amend or delete any personal information you request or if we are satisfied that it is inaccurate, out of date, incomplete, irrelevant or misleading. However, if we refuse to give you access to, or correct your, personal information in accordance with the APPs, we will provide reason(s) for such refusal and you may seek a review of our decision.
You may make a complaint about an alleged breach by us of the APPs in relation to our handling of your personal information. Where possible, the complaint should include enough information to help us resolve it. We will try to respond to a complaint within 30 days of receiving it. If you are not satisfied with our response to a complaint, you may lodge a complaint with the Office of the Australian Information Commissioner by visiting www.oaic.gov.au.
If you wish to make a complaint or request access to, or correction of, your personal information, please write to:
Legal and Compliance
Auscap Asset Management
Level 30, 9 Castlereagh Street
Sydney NSW 2000
We do not charge for receiving a request for access to personal information or for complying with a correction request.
Your consent
You consent to the handling and management of your personal information in accordance with this Privacy Policy.
Updates to this Privacy Policy
We may update this Privacy Policy at any time. Updates to this Privacy Policy will be posted on our website and will be effective when posted. Please check our Privacy Policy regularly for updates.
Cookies
Our website may use cookies to collect anonymous information about your use of our website. For example, when you browse our website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. Cookies do not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services. You may be able to disable your web browser from accepting cookies. If you do so, you can still access our website but some website features or functions may not be available.
Anonymous data
We may use technology to collect anonymous information about the use of our website, for example when you browse our website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. It does not identify you personally and we only use this information for statistical purposes and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services.
Tell us what you think
We welcome your questions and comments about this Privacy Policy. Please contact Legal & Compliance at the address above or at info@auscapam.com.
Responsible Person: Head of Legal & Compliance
Date of Policy: 25 November 2024
