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Organisational change and transformation
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Private equity and special situations investment
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This policy applies to KordaMentha Funds Management Pty Ltd a (‘KordaMentha Funds Management’) and KordaMentha Investments Pty Ltd. Where the policy is silent on an issue then the general KordaMentha Group policies apply.
KordaMentha Funds Management Pty Ltd (‘KordaMentha Funds Management’, ‘we’ or ‘our’) understands the importance of keeping any personal information we may receive about you secure and confidential.
KordaMentha Funds Management may update this policy from time to time.
The Privacy Act 1988 (Cth) (‘Privacy Act’) and the relevant privacy principles under the Privacy Act regulate how private sector organisations can collect, store, manage, use, disclose and provide access to personal information.
For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
KordaMentha Funds Management collects personal information primarily for the purpose of providing our funds management services and conducting our funds management business. This may involve collecting personal information from you to:
a. process an investment application from you and establish your investments in our funds or other financial products
b. manage our relationships with you and administer any investment you have with us, including communicating with you about the investment
c. monitor and evaluate our investment products or other products or services
d. provide you with access to our website and other online services
e. respond to queries you submit to us
f. provide you with information about our funds, investments, products or services that may be of interest to you
g. accounting, billing and other internal administrative purposes
h. complying with our legal requirements under any applicable laws. These laws may include: the AML/CTF Act, the Financial Sector (Collection of Data) Act (Cth), the Corporations Act (Cth), the Taxation Administration Act (Cth), the Income Tax Assessment Act (Cth) and other taxation laws and other regulatory legislation
i. to the extent required or permitted by any applicable law, rule or regulation which mandates reporting and/or retention of information or to the extent required by any order or directive regarding reporting and/or retention of information issued by any authority or body or agency in accordance with which KordaMentha is required or accustomed to act
You are not required to provide your personal information to us. However if you do not provide the information requested of you in the Investment Application Form, we may not be able to process your Investment Application, or administer your holding of Units.
KordaMentha Funds Management collects personal information regarding investors (or prospective investors), such as a person’s name, date of birth, address, telephone number, email address, driver’s licence details, passport details, tax file number, bank account details, investment information and employment information.
Generally, KordaMentha Funds Management will collect this personal information directly from you, for example by requesting that you provide the information when you fill out an application form or submit an online form to us.
There may be other occasions when we collect personal information about you or from other sources, such as from a publicly maintained record or from an information services provider, for example where we are required to verify your identity under anti money laundering legislation.
Disclosure of your personal information by KordaMentha Funds Management
From time to time we may need to disclose personal information regarding you to a third party.
The types of third parties to which we may disclose personal information include:
a. the Escrow Agent, your financial advisers or other professional advisers or other persons you have authorised to act on your behalf
b. service providers we engage to provide custody, administration, technology, auditing, mailing, printing or other services
c. regulatory or Government authorities (where required to or authorised by law)
d. our professional advisers (including legal and accounting firms, auditors, consultants and other advisers)
e. our related companies (e.g. entities of KordaMentha), their related parties, agents and contractors
Any such disclosures will be made on a confidential basis and, where possible, will require the third party to comply with appropriate privacy obligations.
Some of the recipients to whom KordaMentha Funds Management disclose your personal information may be based overseas. It is not practicable to list every country in which such recipients are located but it is likely that such countries may include the People’s Republic of China (including Hong Kong) and Singapore. Such overseas recipients may not be bound by the Privacy Act. You acknowledge that by consenting to KordaMentha Funds Management disclosing your personal information to overseas recipients, Australian Privacy Principle 8.1 will not apply to the disclosure. This means that KordaMentha Funds Management will not be required to take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation that personal information and as a result KordaMentha Funds Management may not be liable under the Privacy Act if the recipient does not act consistently with the Australian Privacy Principles. By completing the Application Form you consent to disclosures to overseas recipients.
KordaMentha Funds Management takes all reasonable steps to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.
KordaMentha Funds Management has in place a number of data security, information security and other similar security policies and procedures. These policies and procedures are regularly reviewed to ensure they remain current and appropriate.
Under the Privacy Act, you have a right to access your personal information that is collected and held by KordaMentha Funds Management.
If you would like to access or change the personal information KordaMentha Funds Management holds about you, you can contact KordaMentha Funds Management and request the relevant change or access.
To action any change or access request, we will need to verify your identity and comply with our other procedures which are in place to prevent unauthorised access to personal information.
We will take all reasonable steps to provide access to your personal information within 30 days from your request.
If you have concerns about the completeness or accuracy of the information we have about you, we will take steps to address them.
KordaMentha Funds Management will not normally charge you any fees or costs for access to your personal information. Fees or costs may apply if providing you with access would require us to incur retrieval or other out of pocket costs. We will notify you if any such fees or costs would be payable.
If you believe that KordaMentha Funds Management has contravened the Privacy Act or have any other privacy complaint regarding KordaMentha Funds Management, you can make a complaint by contacting our Privacy Compliance Manager (the contact details for our Privacy Compliance Manager are below).
KordaMentha Funds Management will seek to resolve any privacy complaints and will deal with privacy complaints as quickly as possible and in a respectful and confidential manner.
KordaMentha Funds Management will investigate any privacy complaint you make and will inform you of the outcome of your complaint following the completion of the investigation.
In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.
Please note your telephone calls and conversations with a KordaMentha representative may be recorded and monitored for quality, training and verification purposes
By completing the Investment Application Form you agree that entities of KordaMentha, affiliate companies and their partners may use your personal information (including your telephone number, regardless of whether it is listed on the Do Not Call Register, and your email or other electronic addresses) to keep you informed about other products, services and offers which may be on interest to you. They may do this by phone, mail, email, SMS or other electronic messages (without an unsubscribe facility). These consents operate indefinitely and shall remain in effect unless and until you notify us that you do not want to receive such communications. If you do not wish to receive these communications please notify us in writing or by phone. If you have not told us that you do not wish to receive these communications by phone, you may be contacted even if you have registered your phone number on the national Do Not Call Register.
For further information or enquiries regarding your personal information, please contact the KordaMentha Funds Management Privacy Compliance Manager at [email protected].