Policies

Issued: 1 July 2024

KordaMentha Funds Management privacy policy

Overview

KordaMentha Funds Management Pty Ltd (‘KordaMentha Funds Management, ‘we’ or ‘our’) understands the importance of keeping any personal information we may receive about you secure and confidential.

This privacy policy sets out how KordaMentha Funds Management collects, uses, manages and discloses personal information and how KordaMentha Funds Management aims to protect the privacy of your personal information.

Privacy Act and personal information

The Privacy Act 1988 (Cth) (‘Privacy Act’) and the relevant privacy principles under the Privacy Act regulate how we can collect, store, manage, use, disclose and provide access to personal information.

For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Collection of personal information

Reasons for collecting personal information

KordaMentha Funds Management collects personal information primarily for the purpose of providing our services and conducting our businesses. Any processing of personal data will be carried out only for lawful purposes. The duration of processing your personal data shall be the term of the services provided to you or for the duration of the engagement/agreement. You are not required to provide your personal information to us. However, if you choose not to provide personal information to us where requested (or provide inaccurate or incomplete information or withdraw your consent for us to use your information), we may not be able to provide services to you. By providing us with this information, you consent to KordaMentha Funds Management using the information for its primary purpose

Primary purposes where we may require your personal information:

• provide advice to you, an associated entity or a third party where your personal information is required to complete a component of the engagement
• consider or enter into an employment application from you
• consider procurement of services from you
• provide you with access to our website and other online services
• provide our publications to you
• respond to queries you submit to us
• provide you with information about our services that may be of interest to you
• administer accounting, billing and other internal administrative services
• comply with our legal requirements under any applicable laws, including anti-money laundering legislation and any other legal requirements with which we must comply.

KordaMentha Funds Management will use the personal information for the primary purpose and potentially for a permissible secondary purpose.

Where we will use your personal information for a permissible secondary purpose:

• you have consented to that secondary purpose
• it would be reasonably expected to be used for the secondary purpose
• the secondary purpose is related to the primary purpose, or
• otherwise allowed by legislation.

KordaMentha Funds Management will not sell your personal information to a third party without your consent.

Personal information KordaMentha Funds Management collects

KordaMentha Funds Management collects personal information such as a person’s name, date of birth, address, telephone number, email address, driver’s licence details, passport details, tax file number, Australian business number, bank account details, investment information and employment information. The types of personal information which KordaMentha Funds Management collects will be limited to what information is necessary for the primary purpose.

In circumstances limited to prospective employees, KordaMentha Funds Management will collect sensitive information such as membership of a professional or trade association, membership of a trade union or a criminal record, your photo may also be taken.

How KordaMentha Funds Management collects personal information

KordaMentha Funds Management collects personal information by lawful and fair means and not in an unreasonably intrusive way. Generally, KordaMentha Funds Management will collect this personal information directly from you.

Due to the scope of some engagements, we may collect personal information from our client. Our client will be required to confirm that the personal information is provided on the basis that it is either for the primary purpose for which it was initially collected, a permissible secondary purpose or with your consent.

There may be other occasions when we collect personal information about you or from other sources, such as from a publicly maintained record or from an information services provider, for example where we are required to verify your identity under anti money laundering legislation.

We may collect personal information when you:

• fill out an application form
• submit an online form to us
• enter into an agreement with us
• engage in social media with us
• correspond with us
• subscribe to a distribution list.

Retention of the personal information KordaMentha Funds Management collects

The duration of processing your personal information shall be the term of the services provided to you or for the duration of the engagement, agreement or other primary purpose.

The retention period will vary according to the primary purpose and the requirements of the Privacy Act in the country where the personal information was collected. The retention period will start from the end of the engagement, during which the personal information will be archived. Any request for access by KordaMentha Funds Management employees during the retention period will be assessed to ensure there is a genuine purpose for access.

Retention periods:
Candidates who do not progress to employment with KordaMentha Funds Management – 2 years from the date of application. Client contacts and subscribers to marketing materials – confirmation will be sought annually that your personal information is to be retained. If you request your personal information to be deleted via the email address, [email protected], your email address will be retained to manage this request.

Australia
KordaMentha Funds Management engagements – 7 years from date of final invoice

Where is your personal information stored

Personal information contained in emails, files and apps are stored in various jurisdictions, depending on where the personal information is collected.

Australia
All emails, file data and apps used are stored in Australian datacentres.

Accessing or changing personal information

Under the Privacy Act, you have a right to access or change your personal information that is collected and held by KordaMentha Funds Management.

If you would like to access or change the personal information KordaMentha Funds Management holds about you, in the first instance, you should contact your KordaMentha Funds Management contact if you have one. Otherwise, please contact us as outlined in Section ‘How to contact us’. Prior to actioning any change or access request, we will need to verify your identity and comply with our other procedures which are in place to prevent unauthorised access to personal information. We will take all reasonable steps to provide access or make the changes to your personal information within 30 days from your request.

KordaMentha Funds Management will not normally charge you any fees or costs for access to your personal information, particularly when required under the Privacy Act to provide access or obtain a copy free of charge. Fees or costs may apply if providing you with access would require us to incur unreasonable retrieval or other out of pocket costs. We will notify you if any such fees or costs would be payable.

Disclosure of your personal information by KordaMentha Funds Management

From time to time, we may need to disclose your personal information to a third party.

The types of third parties to which we may disclose personal information include:

• your financial, legal or other professional advisers or other persons you have authorised to act on your behalf
• service providers we engage to provide custody, administration, technology, auditing, mailing, printing or other services
• regulatory or government authorities (where required by law)
• our professional advisers (including legal and accounting firms, auditors, consultants and other advisers)
• our related companies

Any such disclosures will be made on a confidential basis and, where possible, will require the third party to comply with appropriate privacy obligations.

Some of the recipients to whom KordaMentha Funds Management may disclose your personal information may be based overseas. KordaMentha Funds Management will only disclose your personal information on receipt of your consent. Your personal information may be shared for business related purposes with our related entities, our agents and third party suppliers that are located in Australia, Singapore, Indonesia and Philippines. Any overseas recipients may not be bound by the Privacy Act. In Australia, on granting your consent, you acknowledge that by consenting to KordaMentha Funds Management disclosing your personal information to overseas recipients, Australian Privacy Principle 8.1 will not apply to the disclosure. This means that KordaMentha Funds Management will not be required to take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that personal information and as a result KordaMentha Funds Management may not be liable under the Privacy Act if the recipient does not act consistently with the Australian Privacy Principles. In Singapore and Indonesia, we will ensure that the recipient affords a standard of protection that is at least comparable to the protection under the PDP Act or the PDP Law respectively. In New Zealand, we will ensure that there are adequate protections in place or if adequate protections are not in place, we will seek your express permission.

Security of your personal information

KordaMentha Funds Management takes all reasonable steps to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure. We have in place a number of data security, information security and other similar security policies and procedures. These policies and procedures are regularly reviewed to ensure they remain current and appropriate.

Call recording

Please note your telephone calls and conversations with a KordaMentha representative may be recorded and monitored for quality, training and verification purposes.

Opting out

By completing the Investment Application Form you agree that entities of KordaMentha, affiliate companies and their partners may use your personal information (including your telephone number, regardless of whether it is listed on the Do Not Call Register, and your email or other electronic addresses) to keep you informed about other products, services and offers which may be on interest to you. They may do this by phone, mail, email, SMS or other electronic messages (without an unsubscribe facility). These consents operate indefinitely and shall remain in effect unless and until you notify us that you do not want to receive such communications. If you do not wish to receive these communications please notify us in writing or by phone. If you have not told us that you do not wish to receive these communications by phone, you may be contacted even if you have registered your phone number on the national Do Not Call Register.

Privacy complaints

KordaMentha Funds Management will seek to resolve any privacy complaints and will deal with privacy complaints as quickly as possible and in a respectful and confidential manner.

KordaMentha Funds Management will investigate any privacy complaint you make and will inform you of the outcome of your complaint following the completion of the investigation.

In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the relevant authority.

Australia
Office of the Australian Information Commissioner
Lodge a privacy complaint with us | OAIC (https://www.oaic.gov.au/privacy/privacy-complaints/lodge-a-privacy-complaint-with-us)

How to contact us

For further information or enquiries regarding your personal information, please contact as below:

Email: [email protected]
Phone: +61 3 8623 3333
Mail: GPO Box 2985, Melbourne Victoria 3001