King River Capital Group
· King River Capital Management Pty Ltd ACN 629 090 286
· King River Capital GP Pty Ltd ACN 629 090 277
· King River Capital Holdings Pty Ltd ACN 629 089 087
If you give us personal information about another person, you represent that you are authorised to do so and agree to inform that person who we are, that we will use and disclose that information for the relevant purposes set out below, and that they can access the information we hold about them.
Your personal information will be treated strictly in accordance with the Australian Privacy Principles contained within the Privacy Act 1988(Cth), as amended.
This policy outlines for our customers and prospective customers:
1. The kinds of personal information that we collect;
2. How King River Capital will collect and hold such personal information;
3. The purposes for which we collect, hold, use and disclose personal information;
4. Where we are likely to disclose personal information to external parties or overseas recipients;
5. How we keep your personal information accurate and up to date;
6. How we keep your personal information secure;
7. How you may access their personal information held by King River Capital;
8. How you may make a complaint about a breach of the Australian Privacy Principles, and how we will deal with such a complaint and
9. Our contact details.
1. The personal information we collect
Personal informationis information that can identify you. We must obtain personal information about you so we can provide the most appropriate products and services to you, provide information and marketing material to you and satisfy certain legislative and regulatory requirements.
We will only collect personal information that is necessary to provide our products and services to you, including information needed to comply with legal and regulatory requirements.
We may collect the following types of personal information:
· Email address, mailing or street address and other contact details;
· Date of birth;
· Information to verify your identity such as your driver’s licence number;
· Tax file number; and
· Bank account details to enable payment of distributions or redemptions.
We are required to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006(Cth). We are authorised to collect tax file numbers under tax laws and the Privacy Act.
King River Capital or third parties providing services on our behalf, may record telephone conversations. If King River Capital does record conversations, this will be disclosed prior to connecting to a King River Capital staff member and you will be given an opportunity to refuse such recording.
Not Providing Your Personal Information
If you do not give us your personal information some or all of the following may happen:
· we may not be able to provide you with or subsequently administer some or all our products or services; or
· we may not be able to provide you with information about our products and services.
2. How King River Capital will collect and hold such personal information
The main ways we may collect personal information about customers are where:
· You subscribe to any of our information or other services;
· You open any form of account;
· You give information or other material to any part of the King River Capital Group; or
· The information is provided to us by a third party (e.g by your adviser or your appointed agent).
We maintain records of transactions and activities on accounts you may hold with us.
3. The purposes for which we collect, hold, use and disclose personal information
We are required by law to collect information to identify and verify you. We therefore may make enquiries as to your identity(ies) and other personal details as required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
Other than as required by law, we will only use your personal information for the purpose of providing you with our investment products and services. In managing your investment for you, we will use your personal information to:
· Assess your application and provide our products and services to you;
· Communicate with you in relation to your investment;
· Monitor, audit, evaluate and otherwise administer our products and services;
· Provide continuous service to you and to conduct business processing functions including by providing personal information to our related bodies corporate, contractors, service providers or other third parties; and
· Assist with the administrative, marketing, planning, product or service development, quality control or the research purposes of us and our contractors and service providers.
We will only use or disclose personal information we collect about you for the purpose of which it was disclosed to us, or related purposes which would reasonably be expected, without your permission, or as permitted by the Australian Privacy Principles.We take reasonable steps to ensure that third party organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
We will not sell your personal information to other organisations. Nor will we provide organisations outside our group with your personal information for purposes unrelated to the management of your investment.
4. Where are we likely to disclose personal information to external parties or overseas recipients?
We may disclose your personal information to entities located overseas for one or more of the purposes set out below. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the Australian Privacy Principles relating to your personal information.
Personal information may be disclosed to external parties including the following:
· Agents, contractors, or external service providers appointed by us (such as custodian, auditors or other professional advisers);
· Your nominated adviser unless you instruct us in writing;
· Your personal representative, attorney or agent – (but only with your written consent) ;
· A government or regulatory body (such as ATO, AUSTRAC, ASIC or a law enforcement agency) ;
· Financial institutions and other similar organisations that we deal with in the course of our corporate activities, or those that are nominated by you;
· external service providers and professional advisers that provide services to us including electronic identification services; and
· in order to comply with a court order or in conjunction with court proceedings.
Let us knowyou have any concerns about our use of your personal information.
Our website may contain references or links to other external websites. Those references or links may in turn refer or link to other references or links. We, our directors, officers, employees or agents are not responsible to you or any person for any breach of the Australian Privacy Principles or damage that may occur from any privacy policies or practices or content of websites to which we provide external links.
We may also send you direct marketing communications and information about our products and services that we expect may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email. You consent to us sending you those direct marketing communications by any of those methods. At any time you may opt-out of receiving marketing communications from us by contacting us (see contact details below) or by using the opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from the relevant mailing list.
Please note that, if we are currently providing you with services or products, we will still need to send you essential information about your account, the relevant services or products and other information required by law.
5. Keeping your personal information accurate and up to date
We take all reasonable steps to ensure that all personal information we hold is as accurate as possible and rely on you advising us if your details have changed.
You are able to contact us at any time and ask for details to be corrected if you feel the information we have about you is inaccurate or incomplete, or to provide us with information about changes to your personal information.
6. Keeping your personal information secure
We invest considerable resources to keep your personal information secure from misuse, loss, interference, unauthorised access, modification or disclosure. Access to and the use of personal information is regulated to prevent misuse or unlawful disclosure of the information. We use security procedures such as encryption, firewalls, intrusion detection and anti-virus technology to prevent unauthorised access. We also use valid log-in identification and password-based security to achieve electronic information security.
We retain information for so long as may be necessary to respond to issues that may arise at a later date, and longer in appropriate cases where required by law. When personal information is no longer required by us, it is destroyed or de-identified.
7. Accessing personal information held by King River Capital
Under the Privacy Act, you have the right to obtain a copy of any personal information which we hold about you and to advise us of any inaccuracies.
To make a request, you will need to write to us verifying your identity and specifying what information you require. We will respond to your request within 7 days. If the information sought after is extensive, we may charge a fee to cover cost.
In normal circumstances we will give you full access to your information. However, there may be times where some legal reason requires us to deny access, such as where granting access would interfere with the privacy of others or it would result in a breach of confidentiality. If access is denied, we will give you written reasons for any refusal.
We aim to ensure that the personal information held about you is accurate, complete and up -to-date. You should contact us as soon as possible if any of your details change.If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
8. How to raise a complaint about a breach of the Australian Privacy Principles, and how King River Capital will deal with such a complaint
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, the name, title, and contact details of the investigating officer 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.
The Privacy Officer
King River Capital Pty Ltd
Level 27, Chifley Tower
2 Chifley Square
SYDNEY NSW 2001
If you are not satisfied with our response
If you are not satisfied with our handling of your complaint, you may contact either of the following independent body:
The Office of the Australian Information Commissioner (OAIC)
GPO Box 5218
SYDNEY NSW 2001
Sensitive information is restricted by the Privacy Act. Examples include information about your health, religion, ethnicity or criminal record. We generally do not collect sensitive information about you unless required by applicable laws or rules.
9. Our contact details
or by writing to:
The Privacy Officer
King River Capital Pty Ltd
Level 27, Chifley Tower
2 Chifley Square
SYDNEY NSW 2001
Should you wish to obtain further information about privacy you can do so by visiting the Office of the Australian Information Commissioner (OAIC) website at www.oaic.gov.au