Privacy policy

Introduction

The Privacy Act 1988 (Cth) (Privacy Act), the Australian Privacy Principles (APPs) and related rules govern how Eleuthera Investments Pty Ltd (we, us, our) collects, holds, uses, discloses and otherwise deals with “personal information”. For the purpose of this policy, “personal information” means information or opinion that identifies an individual, or which could reasonably identify the individual, regardless of whether the information or opinion is recorded in a material form or not.

We are committed to respecting the privacy of personal information of our clients, investors and staff. This Privacy Policy sets out detail about the types of personal information we collect, how that information is collected, used, stored and protected, and to whom we may disclose personal information, how you can request access to your personal information and to seek its correction (if required), how you may complain or inquire about our handling of your personal information, and details as to any disclosure of your personal information to recipients located outside Australia. We may also provide our clients with information about how we will use their personal information at the time that it is collected.

We manage personal information in an open and transparent way that is consistent with the APPs and other statutory requirements relating to privacy we are bound to follow.

We may amend, modify or replace this policy from time to time. Where we amend, modify or replace this policy, we will post the amended, modified or replacement policy to our website. 

From whom do we collect personal information

We may collect personal information from investors, financial planners, research houses, stockbrokers and potential and former investors. We also collect personal information from employees, job applicants, work experience people, and from contractors and suppliers whom we engage to provide goods and/or services to us.

We generally collect personal information about an individual from that individual directly. However, there may be scenarios where we collect personal information about an individual from a party other than that individual.

Anonymous or pseudonymous dealings with us

You do not need to provide us with personal information and you may interact with us on an anonymous or pseudonymous basis. However, if you choose to interact with us on this basis, or if you do not provide personal information to us when requested, we may be unable to provide you with the services that you request from us. Further, we may need to verify (and we reserve the right to verify) your identity as part of our response to your request to access and/or correct personal information we hold about you, or as part of our complaints-handling procedure. If we cannot verify your identity, or you continue to engage with us in an anonymous or pseudonymous basis, we may be unable to complete your request or to pursue our complaints-handling process. 

The types of information collected

In the course of conducting our business, we may collect the following types of information (without limitation):

·         identity information (such as your name, your employer’s name and/or the name of your wholesale investment fund, your date and place of birth, your age, and drivers licence details);

·         contact information (such as your street address, postal address, telephone number, and mobile phone number);

·         sensitive information (such as your information regarding your professional memberships, if any); and

·         financial information (such as your bank account details, and your tax file number).

We may also collect information such as prior work history, third party references, superannuation details, bank details, tax file numbers and emergency contact details in respect of applicants for roles we advertise. We also conduct or engage third parties to conduct on our behalf national police checks and bankruptcy searches on individuals prior to their commencement of employment with us. When submitting a job application to us, you consent to us retaining the information on our file if you are unsuccessful in the job application and that we may consider your information in the context of any additional or further roles that we advertise from time to time.

We may collect this information in relation to contractors we engage, as well as employees of contractors we engage. 

How we collect personal information

We only collect personal information (other than sensitive information) that is reasonably necessary and collect this information by lawful and fair means within the requirements of the legislation.

We do not collect sensitive information about you unless you consent to the collection of the information and the information is reasonably necessary for one or more of our functions or activities.

Without limiting the foregoing, we may collect information about you when you:

·         apply to invest in an investment opportunity that we administer;

·         request information from us about an investment opportunity;

·         telephone, email or write to us;

·         interact with us in person (including through a face-to-face meeting);

·         attend our presentations to investors, potential investors and financial planners;

·         attend conferences, trade shows or exhibitions at which we or any of our staff members are present;

·         subscribe to receive investment information through our website;

·         create an account with us to access various sections of our website where such access requires the creation of a specific account;

·         apply for employment (including work experience) with us;

·         are engaged to provide goods and/or services to us (either directly or through your employer).

The purposes for which we collect personal information

We use or disclose personal information about an individual for the purpose for which it was collected (primary purpose) or for a related secondary purpose (directly related in the case of sensitive information) that would be reasonably expected by you, or to which you have consented. We may also use or disclose personal information if we are requested or authorised by law. We generally use and/or disclose personal information to:

1. provide financial services;

2. establish your identity;

3. manage your investment and our relationship with you;

4. report to you on the investment performance;

5. keep you up to date on other products or services we offer;

6. improve our website to better serve you;

7. process your investments, your other transactions with us and to administer your account (including by processing of invoices, bills, statements of account and related financial matters);

8. assess your application to invest in a product;

9. improve the investor experience;

10. monitor and improve the services we provide

11. process an application for employment

12. manage and comply with a contract entered into with a third party for the provision by the third party of goods and/or services to us, including goods and/or services that are for your benefit or the benefit of your organisation;

13. comply with regulatory or legal requirements, and to assist government and law enforcement agencies and/or regulators; and

14. recover debts where you or your organisation fail to pay for products and/or services we supply and to otherwise enforce our rights and to defend claims made against us.

Direct Marketing

Periodically, we may send emails and other communications to you containing marketing materials or promotions of our products, services and investment opportunities, or otherwise directly market our products, services and investment opportunities to you on the basis that you would reasonably expect us to do so, where we have collected your personal information from you already. For example, where we have collected your personal information (including by way of an exchange of business cards) at a seminar, conference or other event that we stage or attend to promote our products, services and investment opportunities, we may send emails to you directly marketing our products, services and investment opportunities to you following the seminar, conference or event.

We will not use sensitive information to directly market to you unless you consent to us using such information for this purpose.

Where we collect personal information about you from a third party, then we will not use that personal information to directly market to you without your consent.

If you no longer wish to receive marketing communications from us, you may unsubscribe at any time by using the unsubscribe facility set out in each marketing communication, or by sending an email to us. We will remove you from the mailing list as soon as possible.

Disclosure of personal information

We may disclose personal information to external parties including (but not limited to):

1. service providers in Australia and overseas that assist us with unit registry, audit and tax, marketing and fund-raising, recruitment, payroll, superannuation, insurance, management consulting, financial and legal advisory, banking, security and technology services

2. our professional advisers (including our lawyers and financial advisers);

3. our insurers and auditors;

4. organisations that you have consented disclosing your personal information to, including your financial advisor/planner, asset consultant, legal advisor, broker or other agents and their service providers;

5. organisations that we have engaged and to whom we have outsourced certain functions (including, for example, information technology support);

6. where relevant, to prospective employers and recruitment agencies who request verbal or written references in relation to current or former personnel

7. government and law enforcement agencies and regulators;

8. entities established to help identify illegal activities and to prevent fraud;

9. other third parties where required or authorised by law.

We generally only disclose the minimum personal information required to be disclosed and we use our reasonable endeavours to ensure that the recipient of the information take steps to protect the information disclosed from misuse, interference and loss, and from unauthorised access, use or disclosure.

Disclosure of personal information to recipients located outside Australia

We may disclose personal information to recipients located outside Australia, including recipients located in the United States of America. The recipients of personal information are engaged under contract in order to provide certain services to us and are required by contract to keep the personal information they receive or to which they are granted secure from any misuse, interference or loss, and from unauthorised access, modification or disclosure. 

From time to time, we may seek your consent to the overseas disclosure of your personal information to recipients located outside Australia. Where you give consent, you acknowledge and agree that, in relation to such disclosed information, we cannot be held liable under the Privacy Act for any act or omission by the recipient of the information which may be an interference with your privacy.

Quality and security of personal information

We take reasonable steps to protect personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure. However, you acknowledge that no data transmission over the Internet or through some other electronic medium can be guaranteed as being completely secure. We do not warrant the security of any information that you transmit to us over the Internet and you do so at your own risk.

We will continue to hold your personal information indefinitely, until such time as we no longer need the information for the purpose(s) for which the information was collected. We usually retain personal information for as long as we are providing services to you, and for a period of up to six years (or longer if the legal limitation period is longer). We will take reasonable steps to destroy or to permanently de-identify your personal information within a reasonable time after the end of the period stipulated in this policy, unless we are required by law to retain the information for a longer period.

We take reasonable steps to ensure that the personal information that we collect is accurate, up to date, complete and protected from misuse, interference, loss, unauthorised access, modification or disclosure (collectively unauthorised access or disclosure). However, we rely on you to update the information you have provided to us from time to time, if your personal circumstances change. For example, if you change address, telephone number, email address or employer details, you should take steps to contact us as soon as practicable to enable us to update the information we hold about you. For further information on how you can seek a correction to the personal information we hold about you, please see the following section.

Accessing and correcting personal information

We may provide individuals with access to the information held on them upon receipt of a written request and within the requirements of the law. We will respond to a request for access to the personal information as soon as reasonably practicable (which is usually within 30 days of our receipt of your request).

Please note that we may request that you verify your identity before we give you access to the information we hold about you. We also reserve the right to redact the personal information we hold about you in order to protect the privacy of third parties. 

A fee will not be charged to you for making a request to access or to correct your personal information. However, we reserve the right to charge you a fee for providing the information to you. This fee would cover the cost we incur in collating, copying and providing certain information to you. We will only charge this fee where it is lawful for us to do so and we will endeavour to inform you of the fee before we provide the personal information to you.

If you establish that the personal information we hold about you is inaccurate, incomplete or not current, then we will take reasonable steps to correct the information we hold. If we have disclosed inaccurate, incomplete or outdated information to any third party, then we will take reasonable steps to ensure that the recipient is aware of the correction to the personal information. Please note, however, that in some circumstances where we correct a record, we may still require retention of the original record.

In certain circumstances, we may refuse to provide you with access to or to correct your personal information. These include (but are not limited to) where giving access would have an unreasonable impact on the privacy of others, where the information relates to existing or anticipated legal proceedings and the information would not be discoverable in those proceedings, where giving access would be unlawful, where denying access is otherwise required or authorised by law or where the request for access is frivolous or vexatious.

If we refuse to provide you with access to or to correct your personal information, we will provide you with a written explanation as to the reasons for such refusal.

Information for website users

If you visit the Eleuthera Investments website, our system may record information such as the date and time of your visit, the pages accessed and any information downloaded. We use this information for statistical, reporting and maintenance purposes only.

Our website may use “cookies”. A cookie is an electronic way to trace your access to our website and use of information contained in the website. Cookies do not identify you personally, but they do identify your computer. You can set your internet browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance. Further, you can configure your browser to reject all cookies. However, if you reject or disable cookies, our website may not function properly or at all. 

We take care to protect personal information on our website, unfortunately no data transmission over the Internet can be guaranteed secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online.

The website may contain links to other sites. The Company is not responsible for the privacy practices or policies of those sites.

How to contact us or to complain

For any questions or concerns about this Privacy Policy, or if you wish to access or correct or make an inquiry regarding the processing of your personal information that we may hold about you, or if you have a compliant about how we have handled your personal information, please contact our privacy officer at the following email address: privacy@eleuthera.com.au 

If you have a complaint about our handling of your personal information, we will acknowledge receipt of your complaint and we will endeavour to deal with your complaint and provide you with a response within a reasonable time period following our receipt of your complaint (generally within 30 days from our receipt of your complaint). Where a complaint requires a more detailed investigation, it may take longer to resolve. If this is the case, we will provide you with progress reports.

We reserve the right to verify your identity and to seek (where appropriate) further information from you in connection with your complaint. We may also seek further information regarding the complaint from third parties, subject to our obligations regarding the privacy of personal information.

Where we are required by law to do so, we will acknowledge your complaint in writing and provide information to you in writing on how we will deal with your complaint. Further, if we are required by law to do so, we will provide our determination on your complaint to you in writing. We reserve the right to refuse to investigate and otherwise deal with a complaint, if we consider it to be vexatious or frivolous. Where we determine not to investigate or deal with your complaint, we will notify you in writing, including the reasons why we will not investigate or deal with your complaint.

If you are dissatisfied with the outcome of your complaint, you may escalate the complaint to the Office of the Australian Information Commissioner.

For information about privacy generally, or if your concerns are not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner (OAIC) on 1300 363 992 or via www.oaic.gov.au