1.2 For the purposes of this Policy, “personal information” has the meaning given to it in the Privacy Act., which is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether the information or opinion is recorded in a material form or not. Examples may include, an individual’s name, address, telephone number and date of birth.
1.3 ACP recognises the importance of an individual’s right to privacy, and understands that protection and confidentiality of personal information is important.
2. Collecting personal information
2.1 While providing our products and services, ACP may collect personal information from clients or potential clients.
2.2 We may collect, hold, use, or disclose your personal information in order to:
Respond to your requests or inquiries;
Assess your application for employment;
Commence, maintain, or administer your business or other relationship or investment with ACP;
Communicate with you during the course of any such relationship;
Administer, support, improve, and develop our business activities and services (including ACP’s website);
Process and respond to any complaint made by you to us;
Do anything which you authorise or consent (including implied consent) to us doing;
Take any action we are required or authorised by law to take.
2.3 Information collected
In the course of providing products and services, ACP may collect information including but not limited to:
Personal Information: including your name; date of birth; personal and business contact details; employment details; banking and tax details; personal information provided when you seek to commence a business or employment relationship with ACP; contact and identification details of third parties whom you have authorised to negotiate or provide your personal information on your behalf; or any other personal information provided to ACP when you make an inquiry, request information, correspond with us or lodge a complaint.
Sensitive Information: including any correspondence between yourself and ACP; or information provided when you seek to commence a business or employment relationship with ACP including government identifiers (such as your TFN), your nationality or citizenship, or any civil or criminal records.
2.4 How does ACP collect information?
ACP collects personal information when you complete an application or registration form, when you transact with ACP or have funds managed by ACP, when you access websites operated by ACP, or if you seek to enter into an employment relationship with ACP. Where possible, we collect personal information directly from you.
However, we may also collect your personal information from other sources, including our affiliates, third parties such as your authorised representatives, our corporate clients when providing services to them, your employer, and/or our service providers. When collecting information from third parties you refer to us, ACP assumes, and you will ensure, that you have made the third party aware of that referral and the purposes of collection, use, and disclosure of the relevant personal information.
It is generally not possible for ACP to enter into a business relationship, or carry out commercial transactions, with you without any personal information. In some limited circumstances, you may be able to contact us by using a pseudonym (for example, when contacting us about general information or queries).
3. Disclosing Personal Information
3.1 ACP may disclose your personal information to other entities or third parties if required, including to:
ACP’s related bodies corporate;
Our agents, contractors, external service providers that assist in providing ACP’s products and services to you;
Our auditors, insurers, and other professional advisors;
Courts, tribunals, and other dispute resolution bodies (in the course of any dispute);
Other financial services institutions;
Any entity to whom we are required or authorised by law to disclose your personal information (including the Australian Tax Office, law enforcement agencies, or other regulatory authorities including AUSTRAC); or
Anyone authorised by you or in respect of whom you have provided your consent (either expressly or impliedly), including but not limited to other financial services providers that we may need to deal with on your behalf.
3.2 The above entities may in turn disclose your personal information toother entities as described in their respective privacy policies or notices.
4. Dealing with ACP Online
4.1 ACP may collect personal information you enter when using our website.
When browsing our websites, ACP’s webservers automatically collect standard information as part of your visit. That information may include:
Site visit information. This may include your IP address, browser type, operating system, access times, referring sites, pages viewed and other information, which generally does not personally identify you. This information is gathered and used for the purposes of system administration, and to prepare statistics on the use of our website.
4.2 Our websites may have links to external third party websites not operated by ACP. External websites should contain their own privacy statements and we recommend you review them when using their websites. Third party websites are not covered by this policy, and these sites are not subject to ACP’s privacy standards and procedures.
5. Personal Information Data Storage, Retention, Security, And Location
5.1 ACP takes reasonable steps to protect any personal information we hold against loss, misuse, interference, unauthorised access, modification, or disclosure. We may store your personal information in various forms, including hardcopy or electronic. ACP holds various policies, procedures, and systems to keep your personal information secure.
5.2 Where required by law, ACP must hold certain information for a set period of time. Once any specified period expires, or we otherwise no longer need to hold your personal information, we will take reasonable steps to destroy, delete, or de-identify your personal information in a secure manner.
6. Overseas disclosure of personal information
6.1 We may disclose your personal information to overseas organisations that help ACP provide our services. These countries include Australia, New Zealand, United Kingdom, Singapore and United States of America but may include further locations as required.
6.2 ACP will take all reasonable steps not to disclose your personal information to overseas recipients unless:
You provide consent (which may be implied);
ACP is satisfied that the overseas recipient is compliant with the APPs and this Policy where reasonably practicable;
ACP is taking appropriate action in relation to suspected unlawful activity or serious misconduct.
6.3 Where we disclose your personal information to an entity located overseas, we will take reasonable steps to ensure that the overseas recipient of your personal information handles your personal information in accordance with the Privacy Act.
7. Access and correction
ACP acknowledges that it is important that personal information held about you is complete, accurate, and current, in order to effectively conduct business with you. Whilst we hold your personal information, we may ask you to tell us of any changes to your personal information.
7.1 Correcting personal information
We will take reasonable steps to correct personal information held about you where we are satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant, or misleading, or if you request that the information be corrected in accordance with clause 9 of this Policy.
If we refuse to correct your personal information, you may request that we associate with the information a statement that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading.
7.2 Accessing personal information
You may request access to the personal information we hold about you, or request that we change personal information we hold about you, by contacting us in accordance with clause 9 of this Policy.
We will notify you in the event that ACP does not agree and withholds access or amends to your personal information as requested, providing reasons for the decision where appropriate. If the rejection relates to a request to change your personal information, you may make a statement about the requested change which ACP will attach to your record.
ACP will not charge you for making a request to access or change personal information we hold about you. However, ACP reserves the right to charge a reasonable fee to recover costs incurred in providing you with access to your personal information, including for example if you make multiple requests, where requests relate to large volumes of information, or if ACP incurs third party costs in providing you with access.
We may request to verify your identity before responding to any request.
8. Contact and Complaints
8.1 Contact details
Phone: 0422 375 415
Post: Attention to our Chief Operating Officer at Arbitrium Capital Partners, Tower One – International Towers Sydney, Level 46, 100 Barangaroo Avenue, Sydney NSW 2000
8.2 Lodging a Complaint
If you wish to make a complaint about how we handle your private information, including any breach by ACP of the APPs or this Policy, you may do so by providing your complaint in writing to any of the contact details noted below. You may also make a verbal complaint, but please note that we may request you lodge your complaint in writing.
ACP will respond to your complaint within a reasonable time (usually no longer than 30 business days) and we may seek further information from you in order to provide a full and complete response. If practical, you can contact us anonymously (i.e. without identifying yourself) or by using a pseudonym. However, if you choose not to identify yourself, we may not be able to give you the information or provide the assistance you might otherwise receive if it is not practical to do so.
If you are not satisfied with how your complaint is handled by ACP, you may lodge a formal complaint with the Office of the Australian Information Commissioner at the following contacts:
Phone: 1300 363 992 (if calling from outside Australia including Norfolk Island please call: +61 2 9284 9749)
Phone (National Relay Service):
TTY users phone 133 677 then ask for 1300 363 992
Speak and Listen users phone 1300 555 727 then ask for 1300 363 992
Internet relay users connect to the National Relay Service then ask for 1300 363 992
Post: Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001
Fax: +61 2 9284 9666
9. Policy Review