Legal and policies

Issued version 1, January 2014

KordaMentha privacy policy

KordaMentha Pty Ltd (‘KordaMentha, ‘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 collects, uses, manages and discloses personal information and how KordaMentha aims to protect the privacy of your personal information.

This policy applies to KordaMentha Pty Limited, KordaMentha Real Estate Pty Limited, KordaMentha Pte Limited, KordaMentha Investments Pty Limited and PT KordaMentha and the service lines operated by those corporate entities.

A separate privacy policy applies to KordaMentha Funds Management Pty Limited, 333 Capital Pty Limited, KM Develop Pty Limited, KM Sales & Marketing Pty Limited and KM Property Funds Limited.

KordaMentha may update this policy from time to time.

Privacy Act and personal information

The Privacy Act 1988 (Cth) (‘Privacy Act’) and the relevant privacy principles under the Privacy Act regulate how private sector organisations 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.

Reasons for collecting personal information

KordaMentha collects personal information primarily for the purpose of providing our services and conducting our businesses. This may involve collecting personal information from you to:

• comply with our obligations under the Corporations Act or Bankruptcy Act when appointed as external administrators to a corporation or individual respectively
• provide advice to you, an associated entity or a third party
• consider 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 which we must comply with which we must comply.

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), we may not be able to provide services to you or in the case of an external administration, deal with your claim.

KordaMentha will use the personal information for the primary purpose and potentially for a permissible secondary purpose where:

• 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.

Personal information KordaMentha collects

KordaMentha 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. 

In circumstances limited to prospective employees or employees of corporations subject to external administrations, KordaMentha will collect sensitive information such as membership of a professional or trade association, membership of a trade union or a criminal record. In the case of prospective employees, your photo may be taken.

How KordaMentha collects personal information

KordaMentha collects personal information by lawful and fair means and not in an unreasonably intrusive way. Generally, KordaMentha will collect this personal information directly from you, for example by requesting that you provide the 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.

In the case of externally administered companies, this information may come into our possession when appointed as external administrators to a company or an individual in accordance with the Corporations Act or Bankruptcy Act respectively.

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. 

Disclosure of your personal information by KordaMentha

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.

Some of the recipients to whom KordaMentha may disclose your personal information may be based overseas. KordaMentha 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 overseas in Singapore and the Philippines.  Such overseas recipients may not be bound by the Privacy Act. On granting your consent, you acknowledge that by consenting to KordaMentha disclosing your personal information to overseas recipients, Australian Privacy Principle 8.1 will not apply to the disclosure. This means that KordaMentha 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 may not be liable under the Privacy Act if the recipient does not act consistently with the Australian Privacy Principles.

Except for the above disclosures, KordaMentha will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you unless you consent.

Security of your personal information

KordaMentha takes all reasonable steps to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.

KordaMentha has 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.

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.

If you would like to access or change the personal information KordaMentha holds about you, you can contact KordaMentha and request the relevant change or access. In the first instance, you should contact your KordaMentha contact if you have one. Otherwise, please contact us as outlined below. To change your details, complete this form and provide it, along with the required supporting information, to your KordaMentha contact or via one of the other options.

To action 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 will not normally charge you any fees or costs for access to your personal information. Fees or costs may apply if providing you with access would require us to incur retrieval or other out of pocket costs. We will notify you if any such fees or costs would be payable. 

Privacy complaints

If you believe that KordaMentha has contravened the Privacy Act or have any other privacy complaint regarding KordaMentha, you can make a complaint by contacting our Privacy Compliance Manager (the contact details for our Privacy Compliance Manager are below). 

KordaMentha 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 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 Office of the Australian Information Commissioner.

How to contact us

For further information or enquiries regarding your personal information, please contact the KordaMentha Privacy Compliance Manager at [email protected], on +61 3 8623 3333 or by mail at GPO Box 2985, Melbourne Victoria 3001.