- “GDPR” means the General Data Protection Regulation, being Regulation 2016/679 of the European Parliament and of the Council;
- “Personal Information or Personal Data” has the meaning attributed to that term in the GDPR;
Personal information we collect
We collect personal information so that we can provide you with our products and services and comply with our legal obligations such as those under the Australian Privacy Principle(s), superannuation laws, taxation laws and the Anti-Money Laundering and Counter-Terrorism Financing Act. If we do not collect your personal information, we may not be able to provide you with a product or service.
The ‘personal information’ we collect may include your:
- name, gender and date of birth to verify your identification,
- contact details such as your street address, email and phone number,
- bank account details for direct crediting of distributions and redemptions,
- investment information about your holding in our products,
- tax file numbers to ensure that tax is collected by us as required by the law
We may collect information about your affiliation with certain organisations, such as professional associations.
Other information we collect
We may use your IP address to help diagnose problems with our server, and to administer our website. We do not link your IP address which accesses our website to any personal information.
This may allow third parties to collect information about your use of our website (including your computer’s IP address) which they may store in the countries outside of Australia, such as the United States of America and other countries with comparable privacy laws. The third parties may also transfer the information they collect to others where required to do so by law, or where those others process the information on their behalf.
Our website may contain links to other sites. We are not responsible for the privacy practices or policies of those sites.
How we collect your personal information
Personal information can be collected through our website (or permitted third party websites) when you have consented to and provided us your information through e.g. when you subscribe to our email newsletter, register to a webinar, contact us and download content (e.g. reports, whitepapers, etc.).
We may collect your personal information offline, such as when you attend one of our events (or one of our associated third parties’ events), during phone calls with our sales representatives or client services representatives.
Your personal information is collected when you consented to and provided us your information in order to complete application forms for one of our products or services.
How we keep your information secure
We have implemented organisational, technical, and administrative measures to protect personal information within our organisation, including security controls to prevent unauthorised access to our systems. While we take reasonable steps to secure your personal information from loss, misuse, interference and unauthorised access, modification and disclosure, you should be aware no security procedures or protocols are ever guaranteed to be 100 percent secure from intrusion or hacking, and there is therefore always some risk assumed by sharing personal information.
We are committed to complying in all respects with the requirements of all Australian Privacy Principle(s) and where required the provisions of the GDPR. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your information has been compromised), please immediately notify us in accordance with the ” Contact details for questions, concerns or feedback” section below.
Personal data is stored on our secure investor site.
In the event you cease to be a client of this organisation, any personal information which we hold about you will be destroyed after an appropriate period of time that complies with legislative and professional requirements (usually 7- 10 years).
How we collect and use information we collect
We will not collect any personal information about you except when you have knowingly provided that information to us or authorised a third party to provide that information to us.
Generally, collection of your personal information will be effected from our Product Disclosure Statement application forms or other forms, by telephone, facsimile, email and from this website. From time to time additional and/ or updated personal information may be collected through one or more of these methods.
We will only collect, maintain and use personal information to:
- make and maintain your investment in our products, the Peters MacGregor Global Fund, Individually Managed Accounts and/or Separately Managed Accounts (products)
- contact you with regards to reporting of Product information such as distribution statement and performance
- to fulfil requirements of the law, including laws outside your country of residence (e.g. Tax File Number collection)
We may also use personal information for other reasons such as:
- monitoring and evaluating products and services
- gathering, aggregating and analysing for statistical, actuarial, prudential or research purposes
- helping to improve internal policies and procedures
- to respond to your inquiries and fulfil your requests, such as to send you newsletters
- to send administrative information to you, for example, information regarding our website and changes to our terms, conditions, and policies.
- to communicate with you and provide you with related customer service
- to personalise your experience on our website by presenting products and offers tailored to you.
- to send you marketing communications that we believe may be of interest to you
- where it is necessary under applicable law, including laws outside your country of residence
Sometimes, we transfer or disclose information to third parties. These transfers are made in order to assist us to provide you with the products and services, and/or to improve the products and services we offer you. Where we transfer information to a third party we take reasonable steps to ensure that the recipients of such information do not breach the Australian Privacy Principle(s) (and where appropriate the GDPR) in relation to that information by entering into binding contractual arrangements with such third parties.
When your information is disclosed
We will not use or disclose personal information collected by us for any purpose other than:
- the purposes for which it was provided or secondary related purposes in circumstances where you would reasonably expect such use or disclosure;
- where you have consented to such disclosure;
- where the Australian Privacy Principle(s) authorise use or disclosure where required or authorised under law, in circumstances relating to public health and safety and in connection with certain operations by or on behalf of an enforcement body.
We are also obliged pursuant to the Corporations Act to maintain certain transaction records and make those records available for inspection by the Australian Securities and Investments Commission.
If you use a financial adviser who recommended your investment in our products (as indicated on an application form or letter authorised by you) then personal details held by us may be made available to the adviser.
We may use the personal information collected from you for the purpose of providing you with direct marketing material, however you may, by contacting us by any of the methods detailed below, request not to receive such information and we will give effect to that request. Please allow two weeks for your request to be actioned.
We may disclose your personal information to third parties for the following purposes:
- storing information on managed scheme registers
- audit of scheme registers
- compliance plan review
How you may access or correct your personal information
You may contact us and request access to your personal information. We will (subject to the following exceptions) provide you with access to that information either by providing you with copies of the information requested, allowing you to inspect the information requested or providing you with an accurate summary of the information held. We will, prior to providing access in accordance with this policy, require you to provide evidence of your identity.
We will not provide you access to personal information which would reveal any confidential formulae or the detail of any in-house evaluative decision making process, but may instead provide you with the result of the formulae or process or an explanation of that result.
Some of the reasons for which we will not provide you with access to your personal information include if:
- providing access would pose a serious threat to the life or health of a person
- providing access would have an unreasonable impact on the privacy of others
- the request for access is frivolous or vexatious
- the information relates to existing or anticipated legal proceedings between us, and would not be discoverable in those proceedings
- providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations
- providing access would be unlawful
- denying access is required, or authorised by or under law
- providing access would be likely to prejudice certain operations by, or on behalf of an enforcement body, or an enforcement body requests that access not be provided on the grounds of national security
We will endeavour to respond to any request for access within 14 to 30 days depending on the complexity of the information and/or the request. If your request is urgent, please indicate this clearly. In the event we refuse you access to your personal information, we will provide you with an explanation for that refusal.
Correction of personal information
We will endeavour to ensure that, at all times, the personal information about you which we hold is up to date and accurate.
In the event that you become aware, or believe, that any personal information which we hold about you is inaccurate, incomplete or outdated, you may contact us by any of the methods detailed below and we will take all reasonable steps to correct the information.
Complaints and dispute resolution
If you have any complaints or concerns about matters such as:
- a breach of the Australian Privacy Principles by the company
- a refusal to provide access to personal information
- a refusal to correct personal information
and you wish to make a complaint, you can call or write to us (for the attention of the Privacy Officer) at the contact details set out below. We will provide you with all reasonable assistance and information you may require for the purpose of making a complaint and assist you in understanding our complaints handling procedures. We aim to provide a formal response within 28 days of acknowledgement of the complaint.
We are a member of the Financial Ombudsman Service Limited (FOS), an external industry dispute resolution scheme. If you are not satisfied with our response to your complaint, you can contact FOS. Its address is GPO Box 3, Melbourne, Victoria 3001. The telephone number for FOS is 1300 78 08 08 for the cost of a local call.
FOS has the discretion to exclude complaints where appropriate, for example because the applicant is not a retail client as defined in the Corporations Act.
If you are still not satisfied with the response to your complaint you can contact the Office of the Australian Information Commissioner (OAIC). The address is Level 3, 175 Pitt Street, Sydney NSW 2000. The telephone number for OAIC is 1300 363 992.
Contact details for questions, concerns or feedback
Peters MacGregor Capital Management Limited
Suite 1801a, Westfield Tower 2, 101 Grafton Street
Bondi Junction NSW 2022
Telephone: +61 2 9332 2133
Further information on privacy in Australia may be obtained by visiting the website of the Office of the Australian Information Commission at www.oaic.gov.au.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set our above, the following applies to you.
In addition to your rights set out above, you may:
update or rectify any of your “Personal Data we hold about you in a,manner described in the “How you may access or correct your personal information” paragraph above.
Request that we;
-provide you with a copy of the Personal Data we hold about you in a portable and machine readable form; or
– share your Personal Data with a nominated third party:
You may request that from us by contacting us using any of the mentods set our in the “Contact details for questions, concerns or feedback” paragraph above.
Should you have any concerns in relation to Peters MacGregor’s collection and /or processing of your Personal Data, then in addition to the process set out in the “Contact details for qustions, concerns or feedback” paragraph above (including the right to complian to the Office of the Australian Information Commission ) you have the right to complain to a supervisory authority (within the meaning of GDPR).
Privacy Officer at Peters MacGregor
Last updated 30/05/2018.