Privacy policy

1. About this Policy

Allier Capital Pty. Ltd. (ABN 19 135 428 616, AFSL 336276) (the Business) is committed to safeguarding the personal information that we receive. We will hold personal information in confidence in accordance with the Australian Privacy Principles (“APPs”) and the Privacy Act 1988 (Cth) as amended (“Privacy Act”).

By visiting our website or accessing any of our services, you have consented to such information being processed as set out in this policy and for receiving additional information about the full range of services offered by us and our affiliates.

2. WHAT IS PERSONAL INFORMATION?

Under the Privacy Act, personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

• whether the information or opinion is true or not; and
• whether the information or opinion is recorded in a material form or not.

3. WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD?

We will only collect personal information that is reasonably necessary for one or more of our functions. This may include collecting personal information from or about individuals associated with our clients (for example, company directors).

Personal information we collect and hold includes, but is not limited to:

• name, signature, date of birth, address, Tax File Number, contact details, country of residence, investment information, credit card or bank account information and relevant identification documents;

• information in connection with surveys, questionnaires and promotions;

• communications between us and a client’s asset consultant, custodian, legal or other adviser, including their broker or other agent; and

• transactional information about the use of a service.

We will not collect information of a sensitive or personal nature that is not required for us to provide a financial service or product (for example information on health, race, religion etc).

4. HOW WE COLLECT PERSONAL INFORMATION?

We collect personal information in a number of ways including:

• directly from individuals when they provide information by phone, SMS, social media (such as LinkedIn), email, through our website or in an application form submitted by or on behalf of a individuals, or when individuals participate in a market research survey; and

• where individuals have provided consent to the collection of the information from someone other than the individual. This could be third parties such as an individual’s lawyer, broker or other agents, or identity verification service providers;
• third parties including government agencies, publicly available records, public registries, parties to whom you refer us, including previous employers and referees or recruitment agencies; or
• from someone other than the individual where the Business is required or authorised by or under an Australian law, or a court/tribunal order, to collect the information.

The Business may also collect personal information from people who send us correspondence. Information collected includes name and contact details. We collect this information to deal with correspondence.

4.1 Dealing with unsolicited Personal Information

If the Business receives personal information which was not solicited, we will, within a reasonable period after receiving the information, determine whether or not the Business could have collected the information under Australian Privacy Principle if the Business had solicited the information. The Business may use or disclose the personal information for the purposes of making this determination.

If:

• the Business determines that it could not have collected the personal information and;

• the personal information is not contained in a Commonwealth record;

the Business will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified.

4.2 Notice of Collection

At or before the time or, if that is not practicable, as soon as practicable after, we collect personal information about an individual, we will take such steps (if any) as are reasonable in the circumstances to notify the individual or make them aware of:

• our identity and contact details;
• if we collected the personal information from someone other than the individual, or the individual may not be aware that we have collected the personal information
• the fact that we collect, or have collected, the information and the circumstances of that collection;

In some cases, it may be reasonable for us not to notify the individual of all the above matters. For example, it may be reasonable not to notify an individual of our identity where this is obvious from the circumstances.

5. USE AND DISCLOSURE OF PERSONAL INFORMATION

We may collect, use and disclose an individual’s personal information for the purpose of providing the services requested by the individual (primary purpose).

• if the collection of the personal information is required or authorised by or under an Australian law or a court/tribunal order — the fact that the collection is so required or authorised (including the name of the Australian law, or details of the court/tribunal order, that requires or authorises the collection);
• the purposes of collection;
• the main consequences (if any) for the individual if all or some of the personal information is not collected;
• any other APP entity, body or person, or the types of any other APP entities, bodies or persons, to which we usually disclose personal information of the kind collected by us;
• that our Privacy Policy contains information about how the individual may access the personal information about the individual that is held by us and seek the correction of such information;
• that our Privacy Policy contains information about how the individual may complain about a breach of the Australian Privacy Principles, or a registered APP code (if any) that binds us, and how we will deal with such a complaint;
• whether we are likely to disclose the personal information to overseas recipients; and
• if we are likely to disclose the personal information to overseas recipients — the countries in which such recipients are likely to be located if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them.

We will only use and disclose personal information for a secondary purpose with the individual’s consent or if the secondary purpose is related to the primary purpose. Related purposes may include where we use personal information to:

• verify an individual’s identity or transactions which our client may enter into with us;

• process applications for services;

• administer and manage the provision of our services;

• respond to queries, complaints or to provide individuals with our general customer services;

• provide an individual’s asset consultant, custodian, legal or other adviser with details of the investment;
• provide our client with offers of our other services and to improve and personalise our services;

• comply with laws and regulatory requirements, including anti-money laundering, financial services and taxation laws, or complying with any request made by a governmental authority in connection with legal proceedings or the prevention or detection of fraud and crime;

• the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order;
• we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body (we will make a written note of the use or disclosure);
• a permitted general situation exists in relation to the use or disclosure of the information by us;
• comply with our risk management policies and procedures;
• conduct product and market research;
• train our employees; or
• assist us in providing a safe and secure environment for employees and visitors if attending our offices in person.

5.1 Disclosure to other entities

We may disclose personal information to our affiliates and service providers. Where information is disclosed to a third party, we will take steps to ensure that confidentiality arrangements are in place prior to the information being disclosed, and only the information necessary for the third party to perform their service is disclosed.

We may be required by local or international laws to disclose personal information to a government body, regulator, enforcement agency, court or tribunal.

5.2 Direct marketing

We will not use or disclose personal information for direct marketing purposes unless:

• we collected personal information from the individual;
• we have obtained the consent of the individual or the individual would reasonably expect us to use or disclose their personal information for direct marketing purposes;
• we have provided the individual with a simple means to ‘opt-out’ from receiving direct marketing; and
• we have not received such a request from the individual.

5.3 What if certain information is not provided?

If individuals provide us with an incomplete application or information, we may not be able to provide the service until the application is complete.

If individuals do not provide us with all relevant identity verification documents, or adequately satisfy electronic identity verification requirements, we may not be able to provide, or continue to provide individuals with the service.

If individuals choose not to disclose their details or correctly answer verification questions, we may not be able to process transactions the individual has requested.

6. CROSS-BORDER DISCLOSURE OF PERSONAL INFORMATION

At present, we do not disclose personal information of clients to overseas recipients. An overseas recipient includes is an entity or individual:

• who is not in Australia or an external Territory; and

• who is not the Business or the individual.

7. USE OF SERVICE PROVIDERS

We contract out some of our administrative and support functions such as mailing, settlement services, IT, document and data storage or identity verification services to external service providers. Our privacy obligations continue to apply where we engage service providers. Only information necessary for the service provider to carry out their function will be provided and are subject to confidentiality clauses in the relevant services agreement.

8. ADOPTION, USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS

We will not adopt a government related identifier of an individual as its own identifier of the individual unless the adoption of the government related identifier is required or authorised by or under an Australian law or a court/tribunal order.

We do not use any government-issued identifiers (such as TFNs, Medicare numbers and Drivers Licence numbers) for use as our identifier for an individual. Instead, we may issue numbers such as investor numbers and account numbers to identify our clients and the services they obtain.

9. INTEGRITY OF PERSONAL INFORMATION

9.1 Quality of Personal Information

We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we collect is accurate, up-to-date and complete. We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we use or disclose is, having regard to the purpose of the use or disclosure, accurate, up-to-date, complete and relevant.

9.2 Security of Personal Information

We will take reasonable steps to ensure that any identifiable personal information that we have collected is stored securely. The measures utilised include password protection to our systems, restricting access to our systems and education of staff.

Where we hold personal information, we will take such steps as are reasonable in the circumstances to protect the information:

• from misuse, interference and loss; and
• from unauthorised access, modification or disclosure.

If we hold personal information about an individual and:

• we no longer need the information for any purpose for which the information may be used or disclosed by us; and
• the information is not contained in a Commonwealth record; and
• we are not required by or under an Australian law, or a court/tribunal order, to retain the information;

we will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
‍

We will take reasonable steps to protect personal information from loss, interference or misuse, and unauthorised access, modification or disclosure.
‍

We store personal information in a combination of computer storage facilities, paper-based files and other records. These are held on our premises and systems as well as offsite using trusted third parties.

‍

10. ACCESS AND CORRECTION

We will provide individuals with access to their personal information that we hold, within a reasonable period (generally within 30 days) and in the manner requested by the individual (if reasonable and practical), unless a particular exception applies, such as where:

• it would pose a serious and imminent threat to the life or health of any individual, or to public health or public safety;

• giving access would have an unreasonable impact on the privacy of other individuals;

• the request is frivolous or vexatious;
• the information relates to existing or anticipated legal proceedings between the Business and the individual, and would not be accessible by the process of discovery in those proceedings;
• giving access would reveal the intentions of the Business in relation to negotiations with the individual in such a way as to prejudice those negotiations;
• giving access would be unlawful;
• denying access is required or authorised by or under an Australian law or a court/tribunal order;
• the Business has reason to suspect that unlawful activity, or misconduct of a serious nature, which relates to our functions or activities has been, is being or may be engaged in AND giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
• giving access would reveal evaluative information generated within the Business in connection with a commercially sensitive decision-making process.

We may charge the individual for providing access to the Personal Information where a substantial amount of effort is required by the Business to prepare and produce the information. The charge will not be excessive and does not apply to the making of the request.

10.1 Refusal to give access

If we refuse to give access to the personal information, or to give access in the manner requested by the individual, we will provide the individual a written notice that sets 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;
• the mechanisms available to complain about the refusal; and
• any other matter prescribed by the regulations.

If we refuse to provide access to the personal information because giving access would reveal evaluative information generated within the Business in connection with a commercially sensitive decision-making process, the reasons for the refusal may include an explanation for the commercially sensitive decision.

11. CORRECTION OF PERSONAL INFORMATION

If we hold personal information about an individual; and either:

• We are satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

• the individual requests us to correct the information,

we will take such steps (if any) as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

11.1 Notification of correction to third parties

If we correct personal information about an individual that we previously disclosed to another APP entity and the individual requests us to notify the other APP entity of the correction, we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

11.2 Refusal to correct information

If we refuse to correct the personal information as requested by the individual, we will give the individual a written notice that sets out:

• the reasons for the refusal except to the extent that it would be unreasonable to do so;
• the mechanisms available to complain about the refusal; and
• any other matter prescribed by the regulations.

11.3 Request to associate a statement

If we refuse to correct the personal information as requested by the individual and the individual requests us to associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will 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.

11.4 Requests for correction

The Business will respond to the request within a reasonable period after the request is made, but generally within 30 days. We will not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information (as the case may be).

12. ANONYMITY AND PSEUDONYMITY

Given legal requirements on financial institutions to identify their customers, in most situations we are unable to allow individuals to transact with us on the basis of anonymity (including the use of a pseudonym). Access to our public website and some other interactions with us may be done anonymously, or in the case of general enquiries, using a pseudonym. However, we may not be able to respond to those queries unless we are provided with certain information.

13. ACCESS TO PERSONAL INFORMATION, CORRECTIONS AND COMPLAINTS

We are committed to providing individuals a fair and reasonable system for handling privacy issues. If an individual wishes to access or correct personal information held by us, of if they have any concerns about our privacy policy, they can contact our Privacy Officer in writing.

• By phone: +61 2) 8014 6048
• By mail: The Privacy Officer, Allier Capital, Level 2, Bligh Street, Sydney NSW 2000
• By email: ea@allier.com.au

We will acknowledge complaints and provide a final response within 45 days of receipt of the complaint. Any complaints that relate to the Privacy Act will be documented, and either resolved or escalated promptly.

We will seek to address any concerns, however, if an individual wishes to take matters further they may refer their concerns to the Office of the Australian Information Commissioner (“OAIC”). For more information on how to lodge a complaint with the OAIC, please contact OAIC on 1300 363 992 or email enquiries@oaic.gov.au

14. OUR WEBSITE AND COOKIES

Our website may collect non-personal information when you visit our website. Our website also uses cookies. A 'cookie' is a packet of information that allows the server (the computer that houses the web site) to identify and interact more effectively with your computer. This information does not typically identify individual users and it is unlikely to be personal information.

If you do not wish to receive any cookies, you may set your web browser to refuse cookies.

15. LINKS TO OTHER WEBSITES

Our website may have links to external third-party websites that may benefit the user. External websites should contain their own privacy statements and we recommend you review them when using their websites. Please note, however, that third party websites are not covered by our Privacy Policy and these websites are not subject to our privacy standards and procedures.

16. CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy at any time. We will make this Privacy Policy available to anyone who requests it, free of charge, either at our offices, through our website or by individual request.

‍