We respect your rights to privacy under the Privacy Act 1988 (Cth) (Act) and we comply with all of the Act’s requirementsin respect of the collection, management and disclosure of your personal information.
What is your personal information?
What personal information do we collect and hold?
We may collect the following types of personal information:
- mailing or street address;
- email address;
- telephone number;
- birth date;
- bank account information;
- investment details;
- tax file numbers and other government issued identification numbers;
- any additional information relating to you that you provide to us directly through our application forms or indirectly through use of our websites or online presence, through our representatives or otherwise; and
- information you provide to us through our investor service centre, customer surveys or visits by our representatives from time to time.
We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.
We are required to collect your name, address and date of birth under the Corporations act 2001 (Cth). The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) requires us to collect additional personal information from you.
How do we collect your personal information?
We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we may collect this information in many ways including:
- through our standard forms (for example, our application form)
- via publicly available sources of information
- through your access and use of our website; or
- during conversations between you and our representatives.
We may also collect personal information from third parties such as a financial planner including where information is missing from the application form that you send us.
Phone calls to our investor services staff may be recorded or monitored for quality control, training, regulatory or other compliance reasons.
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
What happens if we can’t collect your personal information?
If you do not provide us with the personal information described above, we may not be able to process your application or conduct some or all of the activities outlined below.
For what purposes do we collect, hold, use and disclose your personal information?
We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.
We collect, hold, use and disclose your personal information for the following purposes:
- to assess your application;
- to process and administer your investment;
- to provide products and services to you and to send communications requested by you;
- to provide you with access to protected areas of our website;
- to assess the performance of the website and to improve the operation of the website;
- to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
- to communicate with you on an ongoing basis about your investment and the market;
- to send you educational and marketing material about our other products and services we offer (you may contact us at any time to ask us not to send this information);
- to update our records and keep your contact details up to date;
- to process and respond to any complaint made by you; and
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a governmental or regulatory body of any country.
To whom may we disclose your information?
We may disclose your personal information to:
- our employees, related bodies corporate, contractors or service providers for the purposes of the operation of our business, fulfilling requests by you, and to otherwise provide products and services to you including, without limitation, custodians, registry providers, web hosting providers, IT systems administrators, mailing houses, printing companies, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants;
- suppliers and other third parties with whom we have commercial relationships, for Pengana business, marketing, and related purposes;
- a governmental or regulatory body (such as ASIC, ATO, AUSTRAC, the United States of America Securities and Exchange Commission and Inland Revenue Service or any other regulator or law enforcement agency located in Australia or elsewhere);
- any organisation where required to by a court order or under law; and
- any organisation for any authorised purpose with your express consent. For example, to your financial adviser or administrator or another person nominated by you.
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate.
Direct marketing materials
We may send you direct marketing communications and information about our products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.
We do not provide your personal information to other organisations for the purposes of direct marketing.
How can you access and correct your personal information?
You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
What is the process for complaining about a breach of privacy?
If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it.
We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation and the estimated completion date for the investigation process.
After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
Do we disclose your personal information to anyone outside Australia?
We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including the following:
- our related bodies corporate;
- our data hosting and other IT service providers; and
- other third parties located in India, Hong Kong, Switzerland, Philippines, Singapore, New Zealand, Netherlands, Ireland, France, United Kingdom, Luxembourg, Poland, Portugal and the United States of America – although it is not reasonably practicable to list all of the countries to which your personal information may be transferred from time to time.
We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed.
As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact our Privacy Officer at:
Pengana Capital Limited
Post: Levels 1, 2 and 3, 60 Martin Place, Sydney NSW 2000
Tel: 02 8524 9900 or +61 2 8524 9900
Escalation of your complaint
If you feel that your complaint has not been satisfactorily addressed in the first instance by our Privacy Officer, you may seek assistance from: Office of the Australian Information Commissioner.
The Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001
Phone: 1800 931 678