| Privacy Policy for 1851 Capital Pty Ltd

The privacy of your personal information is important to us and we understand that how we collect, use and protect your personal information is important to you.

This Privacy Policy applies to 1851 Capital Pty Ltd (ABN 51 632 063 239) (1851 Capital, we, us or our). We are required under the Privacy Act 1988 (Cth) (Privacy Act) to have a clearly expressed and up-to-date privacy policy with information about how we collect, use and manage your personal information, including personal information collected via our website. This policy describes how we will comply with our obligations under the Privacy Act and manage the personal information we collect.

Our website may contain links and references to other websites to which this privacy policy does not apply. You should review the privacy policy applicable to each of those websites and assess whether those policies are acceptable to you before you use those websites.

This policy has been created to provide a clear understanding of how 1851 Capital collects, uses, stores, discloses and protects personal information in all of its activities and capacities.

Under the Privacy Act, ‘personal information’ is defined as any “information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not”.

When we refer to “personal information”, we therefore mean any information that can identify you or that can reasonably enable your identity to be determined. This information could include your name, postal or email address, date of birth or financial details.

Personal information includes “sensitive information”. 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 preferences or practices, criminal record, health or genetic information.

1851 Capital aims to take all reasonable steps to protect the privacy of the personal information it collects. Maintaining the privacy of our clients is very important to us and we recognise clients will want to know how we deal with the personal information we collect about them. This policy sets out our approach to protecting the privacy of all our clients and contacts in accordance with the law.

We are happy to answer questions at any time. The contact details for our Chief Operating Officer are listed at the end of this document.

We will only collect information that we believe to be relevant and required to provide our service to our clients and to the conduct of our business.

If lawful and practicable, we offer you the opportunity to deal with us anonymously or by using a pseudonym. For example, we can provide general information to you about our products or services, or general guidance on how to fill out our forms without collecting any personal information.

However, if we are unable to collect and/or verify some or all of your personal information, we may not be able to enter into a business relationship with you or provide certain services to you. In order for us to provide our services to you it is normally impracticable for us to deal with you anonymously or by using a pseudonym. For example, if you do not provide your personal information to us, we will be unable to properly administer your investment, notify you about distributions or the performance of your investment, or adequately provide our services.

The type of personal information we collect and hold about you will depend on the dealings you have with us. When you deal with us (including for the purposes described in this policy) the types of personal information you may be required to provide to us include:

• your contact details (for example, name, address, telephone number and email address), date of birth, gender and occupation;
• financial information;
• your Tax File Number;
• your Australian Business Number (if applicable);
• your bank account or other financial institution details; and
• identification documents (for example, drivers licence).

From time to time we may obtain personal information about you from third parties (for example, identity verification service providers, publicly or commercially available sources or third parties you have authorised us to contact) for the purpose of complying with legislative obligations, such as anti-money laundering laws.

When you use our website, we may also collect your internet protocol (IP) address, device identifiers, browser type, operating system, internet service provider, location, mobile network information, pages accessed, time stamps and your online transaction history.

In the general conduct of our business we may be required to collect, hold and use personal information. Generally, we may collect personal information in one of more of the following ways:

• from you directly in person;
• through telephone conversations;
• written correspondence (eg through your application form and other forms that you may complete after becoming an investor in our fund);
• through our website when you log in; and/or
• through a third party (eg your financial adviser or another person who acts as your agent, Australia Post and/or the Australian Taxation Office (if we cannot contact you) and direct marketing organisations and data providers).

The list above is non-exhaustive, where required we may also obtain personal information from other third parties including public registers, regulatory authorities and/ or credit reporting providers.

We will only collect “sensitive information” if you have consented to the collection of the information and the information is reasonably necessary for one or more of our functions or activities or if the collection of sensitive information is authorised or required by a court/tribunal order or an Australian law, including the following Australian laws:

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
• Corporations Act 2001 (Cth);
• Income Tax Assessment Act 1936 (Cth) and Income Tax Assessment Act 1997 (Cth); and
• Privacy Act.

If you choose to become an investor in a fund that we manage:

• your identification details are used to process your application, verify your identity and contact information, set up an account in your name, provide you with secure access to our website, process transactions and send you confirmations, manage your investment, ensure that you receive your distributions, provide you with information about your investment from time to time, improve the services we provide to you and to ensure that we comply with our legal and regulatory obligations;
• during the time you are an investor in our fund we will hold investment-related information about you including the amount you have invested;
• your Tax File Number and Australian Business Number (where relevant) will be collected in order for us to ensure that your investment is taxed correctly;
• your identification details are used to provide you with information about any important changes relating to your investment in our fund, and related services, as well as any changes to our business generally;
• we may also use your personal information for any purpose:
  • for which your personal information was originally collected or you have consented;
  • for enforcement related activities conducted by, or on behalf of, an enforcement body; or
  • which is authorised or required by a court/tribunal order or an Australian law.

We may collect, use and disclose your personal information to provide you with information about our products and services and products offered by other parties that we believe may be of interest to you (including by way of direct mail, telephone, email, SMS and MMS, secure portals, and online advertising and marketing) or to request your feedback for research 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.

If you cease your relationship with us, we will only retain your personal information on file to the extent necessary to meet our regulatory obligations and we will only contact you with your consent.

There are a range of people and organisations we may disclose your personal information to and collect your personal information from. The particular party we may disclose your personal information to will depend on the dealings you have with us. Some examples of persons to whom we may disclose your personal information include:

• mail and electronic mail service providers for the communication of investor statements and other information;
• fund administrators, brokers and custodians;
• legal advisers and other experts;
• regulatory authorities and legal bodies as required by law (e.g. Australian Taxation Office, the Australian Transaction Reports and Analysis Centre, Australian Prudential Regulation Authority, the Australian Securities and Investments Commission or a Court or tribunal);
• auditors (in order to assist them in conducting their independent audit and review activities of our financial statements and operations);
• third parties (if you give us permission to do so e.g. your financial adviser); and
• other third party service providers so that they can provide contracted services to us such as information technology support, hosting services, telephone services, mailing or sending other documentation, identity verification, fraud prevention, marketing or market research.

We may also share your personal information with a third party where we have obtained your consent.

We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to us collecting, using and/or disclosing your personal information for such other purposes, this may affect our ability to deliver and improve our products and services, or to engage or do business with you.

We will only disclose your personal information to a recipient overseas in accordance with the Privacy Act. Circumstances in which we will do this include where:

• you have asked us to or we have your consent to do so;
• we have outsourced a business activity or function to an overseas provider;
• we reasonably believe that the overseas recipient is subject to a law or binding scheme that protects the information in a way that is substantially similar to the way the information is protected under the Privacy Act and the Australian Privacy Principles, and there are mechanisms you can access to take action to enforce that protection; or
• the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Please note that the laws on processing personal information in other countries may be less stringent than in Australia. When we disclose your personal information overseas, we will take reasonable measures to ensure that your information is held, managed and accessed in accordance with the standards that apply in Australia, including the Australian Privacy Principles.

We undertake reasonable steps to protect personal information from misuse, loss, unauthorised access, modification, interference, destruction or disclosure using both physical and electronic security measures. We implement multiple layers of security controls throughout our systems so that in the event that one control fails, or a vulnerability is exploited, there are other measures still in place to protect your personal information. Relevant measures include firewalls, data encryption, limiting access to data centres and controls over access to information. If we hold personal information that is no longer needed, we will take reasonable steps to effectively and securely destroy it.

We have various policies and procedures that are designed to ensure that the personal information we collect remains confidential and secure, both in paper and electronic environments. We maintain strict security systems designed to prevent unauthorised access to client information by anyone, including unauthorised staff. We use industry standard security protocols to protect the personal information you disclose in using the website. We use encryption to provide more secure communications when using the website .

However, whilst we are committed to protecting the personal information and privacy of users on our websites, we cannot guarantee the security of any information disclosed online. If you provide us with your personal information over the internet you accept that such information will be transmitted at your own risk as the security of such information cannot be guaranteed. If at any time you are concerned about sending information over the internet, you may contact us by telephone or post. Any links to third party websites that are not operated or controlled by us have been inserted for your convenience only. In general, use of such websites or any other third party websites are not covered by this policy and we recommend you review their relevant privacy policy before supplying any personal information.

You are responsible for keeping your account details, including user name and password, confidential and secure.

1851 Capital’s internet site may use technology to monitor traffic through the site. This is done without collecting personal information.

Some of the pages on our website use “cookies”, which are small files that may be placed on your hard disk for record-keeping purposes. Cookies helps us remember who you are and may collect and store your server address, top level domain name (eg .com, .gov, .net etc), the date and time of your visit, country your service address is located in, the type of browser you used, the pages viewed and any downloads made, the previous site you visited and the site you visited next. Cookies can make your subsequent visits to our website simpler and more efficient (eg your password may be saved so you do not need to re-enter it). We may also use the information to assist in improving the website, marketing and product development.

Cookies also assist us in providing our services, for example enabling us to link the use of our website to information that is provided specifically to us (e.g. a member password for any service we may provide via the website). You may set up your internet browsers to reject cookies and/ or notify you when they are being used but this may affect the usage of the services we provide. By not accepting cookies, some pages on the website may not display properly or you may not be permitted to access certain information. A server cannot find out a name or email address, or anything about you by using cookies.

This information is used where relevant in servicing our clients and in the conduct of our business in general and is not disclosed. We do not store or collect cookie information. Once we receive information from you, via email or any other means, the information is stored in a secure environment.

You may request access to any of the personal information we hold about you by contacting us as set out below. A summary of personal information such as your name and contact details and investments you have with us is available to you upon request. We will provide you with access to your personal information in accordance with the Privacy Act.

Under the Privacy Act we can deny access to some or all of your personal information in specified circumstances, and will provide reasons for any refusal in writing. If you are not satisfied with any refusal to grant you access to your personal information, you may make a complaint.

1851 Capital will endeavour to take appropriate, prompt action if we have reasonable grounds to believe that a data breach may have or is suspected to have occurred. Depending on the type of data breach, this may include a review of our internal security procedures, taking remedial internal action and notifying affected individuals.

Any complaints about the information we have collected and/ or how we have handled, used or disclosed such information should be directed to our Chief Operating Officer by phone or mail:

Call: +61 2 9060 6610
Email: mbaldock@1851capital.com.au

Mail to:
Mary-Ann Baldock
Chief Operating Officer
Level 16, 1 Castlereagh Street,
Sydney NSW 2000

We will try to resolve your complaint quickly and fairly.

If you are not satisfied with the manner in which we deal with your complaint you may refer it to the Office of the Australian Information Commissioner (OAIC). You can contact the OAIC online, by phone or by mail:

Online: www.oaic.gov.au
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Mail: GPO Box 5218, Sydney  NSW  2001

If we cannot reach a satisfactory resolution within 45 days, you can raise your concerns with the Australian Financial Complaints Authority (AFCA): You can contact AFCA by phone or mail:

Australian Financial Complaints Authority
GPO Box 3,
Melbourne VIC 3001 

Phone: 1800 931 678
Email:  info@afca.org.au
Online: www.afca.org.au 

1851 Capital is a member of AFCA (Member number 72449).

The Australian Securities & Investments Commission (ASIC) also has a free call Infoline on 1300 300 630 which you may use to obtain information about your rights.

1851 Capital may update this Policy from time to time to ensure that it reflects current regulatory and statutory obligations. A current and updated version of this policy will be posted on our website and a copy may be obtained by request from our Chief Operating Officer.

If you have any queries you can contact us by:

Call: +61 2 9060 6610
Email: mbaldock@1851capital.com.au

Mail to:
Mary-Ann Baldock
Chief Operating Officer
Level 16, 1 Castlereagh St,
Sydney NSW 2000