Dated: 9 September 2019 (updated 24 May 2021)
1 Purpose of this Policy
2 Personal Information
Personal information is any information about an identified individual or an individual who is reasonably identifiable, whether the information is true or not and whether the information is recorded in a material form or not.
Sensitive information is any personal information about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health, genetics, biometrics or biometric templates. We generally do not wish to be informed of a person’s sensitive information. We, in any event, will collect, use or disclose sensitive information about you only as allowed by law, for example where we have received your consent to do so or the collection is required by law.
4 Collection of personal information
We collect personal information that is necessary for our business activities and in order to provide and develop our services. We may do this in a number of ways, including:
- (a) directly from individuals, when you provide it to us or our agents or contractors (including verbally or through email communication);
- (b) when you complete any forms, applications or use any ‘contact us’ pages on our Websites;
- (c) from publicly available resources;
- (d) by analysing records of your use of our services and Websites; or
- (e) through other methods for collecting information.
4.2 Collection under the law
We may also collect your personal information when legally required to do so under law. Where you are an investor in one of our managed funds, we are required to collect additional personal and sensitive information under the Income Tax Assessment Act and Anti Money Laundering and Counter Terrorism Financing (AML/CTF) Act.
4.3 Passive information collection
As you navigate through our Websites, certain information can be passively collected (that is, gathered without you actively providing the information) through various technologies, such as cookies, internet tags or web beacons and navigational data collection.
Our Websites may use and combine such passively collected anonymous information to provide better services to website visitors, customise the website based on your preferences, compile and analyse statistics and trends and otherwise administer and improve the website for your use. Such information is not combined with personally identifiable information collected elsewhere on the respective Website unless you have consented.
5 Type of information collected and why
The type of personal information we collect may include (but is not limited to), your name, date of birth, address, postcode, telephone numbers, email address and information on usage and preferences regarding NashCap’s products and services.
We may also collect sensitive information about you, including health information and criminal background checks.
If we are not able to collect personal information about you we may not be able to provide you with products, services and assistance to the extent that they require us to collect, use or disclose personal information.
The personal information you provide us may be used for a number of purposes connected with its business operations, which include to:
- (a) verify identity;
- (b) facilitate the provision of products and services;
- (c) address or respond to any requests;
- (d) inform customers of existing and proposed products and services;
- (e) better understand customer needs;
- (f) develop and improve the quality and scope of the products and services NashCap provides; and
- (g) seek feedback.
5.1 Using information for direct marketing
Your personal information may be used so that we, our associates, our subsidiaries, agents and contractors can provide you with information about our products and services, such as by way of direct mail or telemarketing, and, where you have opted in, by email, SMS and MMS, or to request your feedback for promotional purposes. You always have the right to opt-out of receiving such information. You may exercise that right by contacting us as set out below.
5.2 Other purposes of collection
We may also use your personal information for purposes related to those described above which would reasonably be expected by you.
We will not use your information for purposes other than those described above unless we have your consent or as permitted by law (including for law enforcement or public health and safety reasons).
5.3 When will your information be shared
We may disclose your personal information in certain circumstances, such as where we are required or authorised by law or where you have consented to us doing so.
We also may disclose your personal information to:
- (a) others in accordance with a request made by an individual;
- (b) related companies and business partners; and
- (c) persons engaged in providing us with professional, business, technology and corporate services, when reasonably required.
When making such a disclosure we will take reasonable steps to ensure that the recipient is bound by privacy obligations.
Unless you consent, we otherwise will not disclose your personal information to third parties.
5.4 Sharing information outside Australia
We will only send your personal information outside Australia:
- (a) if authorised to do so by law;
- (c) if consent is given to us doing so.
In the course of NashCap’s ordinary business operations NashCap does not disclose personal information to offshore third parties, however NashCap uses a cloud based software system to store your personal information, and as a result some of your information may be held overseas.
6 Access and correction of information
You may request access to any of the personal information we hold about you by contacting us as specified below. We reserve the right to charge a reasonable fee for the costs of retrieval and supply of any requested information.
We will take all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. To ensure your personal information is accurate, please notify us of any errors or changes to your personal information and we will take appropriate steps to update or correct such information in our possession.
7 Storage and Security of Information
We will take all reasonable precautions to safeguard information from loss, misuse, unauthorised access, modification, disclosure or destruction. We may store your files electronically. We implement a range of physical and electronic security measures to protect the personal information that is held, including use of passwords, firewalls and other electronic security measures as well as physical security devices.
You should keep in mind that no internet transmission is ever completely secure or error-free. In particular, e-mails sent to or from our Websites may not be secure.
8 Notifiable data breach scheme
In the event of any loss or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will:
- (a) investigate; and
- (b) notify you and the Australian Information Commissioner as soon as practicable,
in accordance with the Act.
NashCap will take any privacy complaint seriously and will aim to resolve any such complaint in a timely and efficient manner (NashCap has a target response time of 30 days).
NashCap expects our procedures will deal fairly and promptly with any complaints. However, if any person remains dissatisfied, they can also make a formal complaint with the Officer of the Australian Information Commissioner (which is the regulator responsible for privacy in Australia):
Office of the Australian Information Commissioner (OAIC)
Complaints must be made in writing
Director of Compliance
Office of the Australian
GPO Box 5218
Sydney NSW 2001
10 Links to other websites
11 Changes to this policy
12 Contact Us