®
Privacy Policy
GLOSSARY
Lanleigh, we, us and our refer to the collective of companies of both Lanleigh® Capital Pty Ltd ABN 19 604 537 260 (the Investment Manager) and Lanleigh® Prudential Pty Ltd ACN 620 864 682 (the Trustee). Fund or Funds refers to any Fund or Funds produced and/or managed by Lanleigh. Site refers to the Lanleigh® Capital website. Privacy Act refers to the Privacy Act 1988 (Cth). APPs refers to the Australian Privacy Principles under the Privacy Act. Eligible Investor means Wholesale, Professional, or Sophisticated investors as defined by the Corporations Act of Australia and may include any other type of investor otherwise approved by Lanleigh (Retail investors are generally excluded and ineligible).
INTRODUCTION
Lanleigh respects the privacy of your personal information and understands how important it is to protect your personal information. We are committed to the handling and protection of your privacy in compliance with the Privacy Act and the APPs under the Privacy Act. This document sets out our Privacy Policy commitment in respect of personal information we hold about you and what we do with that information. We recognise that any personal information we collect about you will only be used for the purposes we have collected it for or as allowed under the law. It is important to us that you are confident that Lanleigh has been transparent about any personal information it may collect and hold about you, and that such information will be used and treated in a way which is appropriate and ethical, and which ensures its protection and security. We aim to provide an environment (both online and elsewise) which ensures the information you provide to us is collected and managed in a rightful, secure, efficient and confidential manner.
SCOPE OF POLICY
This Privacy Statement applies to your interactions with Lanleigh and/or the Site. This statement discloses our information gathering and dissemination practices which are set out in accordance with the Privacy Act. This policy explains how your personal information will be treated as you access and interact with the Site. The Site Privacy Policy may change from time to time. This Privacy Policy came into existence on 6th March 2023 and is valid as at that date.
Our compliance with the APPs also applies to your access and usage of the Site. Our Privacy Policy may be accessed from the Site and other information is also posted there for your convenience. If you have objections to the Privacy Policy, you should not access or use the Site.
PERSONAL INFORMATION HELD
As part of our operations and functions as an Investment Management enterprise, Lanleigh may collect, hold, use, and/or disclose personal information about you. When we refer to personal information we mean information from which your identity is reasonably apparent. This information may include information or an opinion about you.
We may collect personal information from you directly or via your use of our services. We will only collect personal information which is reasonably necessary for, or directly related to, our functions or activities. Lanleigh collects and maintains persona l information that is necessary to enable us to deliver our services and products or otherwise for its primary business functions and/or activities. The type of information we collect and hold about you varies depending on the type of product or service you require.
In the normal course of its business Lanleigh only collects information about you when you provide it to us or it is provided to us under your authority. On occasions we may collect personal information about you from third parties, for example , share registries or regulatory authorities. Information that we collect will be limited to that required to provide you with our products or services.
Where you invest in the Fund or other product of Lanleigh, the kinds of personal information that we may collect include your contact details (name, date of birth, address, telephone number, email address, etc), driver's licence details, passport details, tax file number, bank account details, details regarding your financial or investment arrangements or fund holdings, and your financial or accounting advisors, and any other information we may need to identify you. As our Fund offering is only open to eligible (wholesale, sophisticated, or professional) investors, we may also collect proof of your earnings in accordance with those verification requirements.
In most circumstances, the information that we hold about you has been provided to us by you or under your authority. If we have received information that is not required to provide services to you, we will either advise you that we hold this information or destroy it.
WHY DO WE HOLD INFORMATION ABOUT YOU?
The type of information we collect and hold about you may vary depending on the type of product or service you require. Generally, we collect, hold, use and disclose your personal information for purposes relating to our investment management business and operations, including (among others) for the purposes of:
• Verifying whether you are an Eligible Investor.
• Processing your application for investment in a Fund or other products, and establishing your investment in the Fund or other products.
• Administering your investment with us in the Fund or other products, including communicating with you about your products.
• To enable us to perform administrative operations such as maintaining the Unit Holder Registry, record keeping, and archiving.
• Providing access to the Site and other related online services.
• Responding to queries you submit to us.
• Facilitating our internal business operations.
• Providing you with information about our materials, products or services that may be of interest to you.
• To enable us to contact you when conducting marketing and invite you to events that you may be interested in.
• Advising the Australian Tax Office and other governmental authorities of your tax file number.
• Making deposits of distributions or withdrawals of your investment to your nominated bank account.
• Accounting, billing and other internal administrative purposes.
• To comply with legislative and regulatory requirements, including the including the Anti-Money or Laundering and Counter Terrorism Financing Act 2006 (Cth).
MANDATORY INFORMATION
By law, we are required to collect certain personal information from you when you apply for a product or service such as the Fund. The provision of this personal information by you is therefore mandatory for us to be able to provide you with access to the service or product. You are under no obligation to provide the personal information to us, however, without receiving this information from you, we may not be able to provide our services to you and may not be able to process any application by you for investment in a Fund or other products (until the information is collected).
HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
There are several circumstances in which Lanleigh will collect personal information from you. For example, Lanleigh may collect personal information where you apply to invest in a Fund or other products; as part of our administration of any investment you make in the Fund or other products; where you request information from Lanleigh regarding us or the Fund or other products; or where you submit information to us via the Site or other online services. Where reasonable and practical, we will collect your personal information directly from you, however, there may be occasions when we collect your personal information from other sources, such as a publicly maintained record or an information services provider. For example, where you apply to invest in a Fund or other products, we may collect personal information regarding you from any registry services provider appointed in respect of a Fund or product. At times, and only where necessary and consented to by you, we may even collect information about you from other parties, such as a lawyer or accountant.
WHO DO WE DISCLOSE YOUR PERSONAL INFORMATION TO?
We disclose your personal information for the purpose for which we collect it. That is, generally, we will only disclose your personal information for a purpose related to the provision of investment management operations or any related purposes. Lanleigh may share information with organisations that assist in the administration of your investments or the provision of products and services to you. This may include disclosure to our internal and external service providers such as administrators, custodians, investment managers, and compliance and audit personnel. The organisations receiving this information are not permitted to use your information for any purpose other than the specific purpose it was provided.
We may even disclose personal information to overseas recipients, for example to data storage providers located overseas, or in the case where we may outsource some of our administration and marketing activities to service providers in other countries. Where reasonable we may request that these providers adhere to our Privacy Policy.
Circumstances (among others) under which Lanleigh may disclose your personal information include:
• Where required by your financial advisers or other professional advisers.
• Where required by related companies of Lanleigh (such as subsidiaries or holding companies of Lanleigh).
• Where required by any registry service provider or other similar service provider appointed by us in relation to a Fund or other products.
• Where required by any other third party service provider which we may engage to provide custody, administration, technology, auditing, mailing, printing or other services.
• Where required by our professional advisers (including legal and accounting firms, auditors, consultants and other advisers).
• Where required by law (for example, disclosed to the Australian Taxation Office, AUSTRAC, Centrelink, or other Government Authority).
• Where authorised by law (such as where disclosure is necessary in the public interest or to protect our interests).
• In the event that we propose to sell our business, we may disclose your personal information to potential purchasers for the purpose of them conducting due diligence investigations. Any such disclosures will be made in confidence. In the event that a sale of our business is affected, we may transfer your personal details to the purchaser of the business. As a client you will be will be advised of any such transfer.
• Lanleigh may use service providers who have international offices and your details may therefore be available to authorised persons in those jurisdictions.
• To anyone else, where you have provided us consent to do so.
DIRECT MARKETING
In addition to the purposes set out above, we may from time to time collect, hold, use and disclose your personal information to inform you of products, services or offers of Lanleigh which may be of interest to you. Where you are an investor in a Fund or other product of Lanleigh, this may include providing you with direct marketing information regarding other funds or products of Lanleigh or its related companies.
If you do not want to receive this marketing information or do not want us to use or disclose your personal information for direct marketing purposes, you can at any time opt out by contacting us and advising us that you decline to receive this information and/or Lanleigh using or disclosing your personal information for direct marketing purposes. We will not charge you for giving effect to your request and will take all reasonable steps to meet your request at the earliest possible opportunity.
SUBSCRIPTION SERVICES
Other personal information is collected by us when you subscribe to our Email Alert Service. The contact information you provide (such as your name, email address, etc) will only be used for the purposes of this Service, although additional information may be collected for statistical purposes only. This information is non mandatory and will be collected by lawful and fair means, used for a lawful purpose, and collected with your consent.
ACCESS & CORRECTION TO YOUR PERSONAL INFORMATION
Lanleigh takes steps reasonable in the circumstances to ensure that the personal information it collects, holds, uses and discloses about you is accurate, complete, up to date, relevant and not misleading. It is important to us that the personal information we hold about you is accurate and up to date. During the course of our relationship with you we may ask you to inform us if any of your personal information has changed. If you wish to make any changes to your personal information, please contact us. We will generally rely on you to ensure the information we hold about you is accurate or complete. Under the Privacy Act you are generally entitled to access and request corrections to the information we hold about you. Accordingly, we will provide you with access to the personal information we hold about you. You may request access to any of the personal information we hold about you at any time. Where you are entitled to access, the time we require to give you access will depend on the type of information requested. We will endeavour to respond to your request as soon as possible. We may need to contact other entities to properly investigate your request.
We may answer you in the same way that you ask. For example, if you telephone to ask for the information we will may give you that information over the telephone. We will generally respond to a written request in writing. Sometimes we will ask that you put your request in writing. For example, where you want copies of material or access to older information or files which are not current, or it is necessary for us to retain records of your request. If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. You should inform us in the case of wrong or out of date information so that we can change or update the information.
To obtain access to or correction of your personal information, we may request that you provide us with proof of your identity, to our satisfaction. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected.
Upon receiving a request for access to or correction of personal information we will review the request, undertake any necessary investigations, make a decision regarding the request, and notify you of that decision. Unless we disagree with you about the accuracy, currency or completeness of a record, we will generally correct it if requested, (or suggest alternative arrangements for updating our records). If we disagree with you, we will give you our reasons and record your objections on file.
After our investigation, we will take all reasonable steps to notify you of our decision and (if applicable) provide the relevant access or make the relevant correction within 30 days from the date of receipt your request. In less complex cases, we will attempt to notify you of our decision and (if applicable) provide the relevant access or make the relevant correction within 14 days from the date of receipt of your request.
If appropriate we may even correct the personal information at the time of the request. We may need to consult with other bodies or entities as part of our corrective investigation. If we refuse to correct personal information we will provide you with our reasons for not correcting the information.
There are certain conditions under which we may refuse you access to your personal information, such as when your request may unreasonably impact upon another person’s right to privacy, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious. An explanation will be provided to you if we deny you access to the personal we hold about you.
We will not charge a fee for making a request to access your personal information, however, in some circumstances a fee may be charged for our costs of retrieving, providing access to, or supplying the information to you. If a fee is applicable, we will disclose this to you prior to providing you with the information. Any such fee will not exceed the cost to Lanleigh of providing access.
USING GOVERNMENT IDENTIFIERS
If we collect government identifiers, such as your tax file number, we do not use or disclose this information other than required by law. We will never use a government identifier to identify you.
BUSINESS WITHOUT IDENTIFYING YOU
In most circumstances it will be necessary for us to identify you in order to successfully do business with you, however, where it is lawful and practicable to do so, we will offer you the opportunity of doing business with us without providing us with personal information. For example, if you make general inquiries about matters not directly related to any of the aforementioned provisions.
SENSITIVE INFORMATION
Sensitive information is any information about a person’s racial or ethnic origin, political opinion, 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 or health information. Unless otherwise required by law, we will generally not ask you to disclose sensitive information, but if you elect to provide sensitive information it will also be captured and stored.
INFORMATION LOGGED
When visiting the Site, a record of your visit is logged. This ‘clickstream data’ is recorded for statistical purposes only and is used to help improve the Site. We will not normally be able to identify you from such statistical information.
The following information may be supplied by your internet browser: The user’s server address, the user’s operating system, the user’s top level domain name (such as .com, .gov, .au, .uk, etc), the date and time of the visit to the site, the pages accessed, the documents downloaded, the previous site visited, and the type of browser used. This information is used for statistical purposes only.
No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency (or other government agency) exercises a legal authority to inspect Internet Service Provider (ISP) logs (by warrant, subpoena, or notice to produce).
COOKIES
We use ‘cookies’ to provide you with better and more customised service and a more effective website. A ‘cookie’ is a small text file placed on your computer by our web page server when you access the Site. A cookie can later be retrieved by our webpage servers. Cookies can make websites easier to use by storing information about your preferences on a particular website This information remains on your computer after you close your browser. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser.
We use cookies for different purposes such as:
• To allocate a unique number to your internet browsers.
• To customise the Site for you.
• For statistical purposes.
• To improve user experience.
• To identify if you have accessed a third party website.
• For security purposes.
The Site uses cookies to allow us to identify your browser while you are using our site. Whilst cookies do not identify you, they allow us to track your usage patterns. If you do not wish to receive cookies, you can instruct your web browser to refuse them.
IP ADDRESSES
Your IP address is the identifier for your computer when you are using the internet. It may be necessary for us to collect your IP address for your interaction with various parts of the Site.
INFORMATION FROM THIRD PARTIES
The Site also contains links to the websites of third party providers of goods and services. If you have accessed third party websites through the Site, and if those third parties collect information about you, we may also collect or have access to that in formation as part of our arrangements with those third parties. Where you access a third party website from the Site, cookie information, information about your preferences, or other information you have provided about yourself may be shared between us and the third party.
ADVERTISING AND TRACKING
When you view our advertisements on a third party website, the advertising company uses ‘cookies’ and in some cases ‘web beacons’ to collect information such as:
• The server your computer is logged onto.
• Your browser type.
• The date and time of your visit.
• The performance of their marketing efforts.
When you access the Site after viewing one of our advertisements on a third--party website, the advertising company collects information on how you utilise the Site (for example, which pages you view) and whether you complete an online application.
APPLICATIONS
When you send (via online or otherwise) a completed application to us (such as an application to invest in the Fund), we retain the information contained in that application. We are then able to use that information to provide any relevant financial service/product.
SECURITY OF INFORMATION
The security of your information is very important to us. At all times we seek to ensure that the personal information we collect and hold is protected from misuse, loss, unauthorised access, modification, or disclosure. At all times your personal information is treated as confidential and any sensitive information is treated as highly confidential. Your personal information is generally held in your client file which may be in hardcopy or electronic form.
Personal information is held on secure servers or in storage located in controlled, access restricted environments. Our employees are required to maintain the confidentiality of any personal information held by us.
Personal information may also be held on behalf of Lanleigh in hard copy or electronic forms by Lanleigh’s service providers (such as offsite document storage providers, cloud storage providers, electronic data storage providers, or registry service providers). Lanleigh enters into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.
Although no data transmission over the internet can be guaranteed as totally secure, we take all reasonable steps to protect the information in our systems from misuse, interference, loss, and any unauthorised access, modification, or disclosure. We take reasonable steps to preserve the security of cookie and personal information in accordance with this policy. If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted). The effectiveness or absolute security of your browser
is not guaranteed.
In the event you cease to be a client of Lanleigh, any personal information which we hold about you will be maintained in a secure offsite storage facility for a period of 7 years (to comply with legislative and professional requirements), after which time the information may be destroyed. Lanleigh will ensure that any documents that are destroyed are done so in a secure manner. If we no longer require your information, and we are legally permitted to, we may take all reasonable steps to destroy or deidentify the information.
EMAIL COMMUNICATION
When you email us personal information (directly via the Site or other means), we will record your email address and any other information submitted. We will only use this information for the purpose for which you provided it. Your email address will not be added to a mailing list unless provided by you specifically for that purpose. We will not use your submitted information for any other purpose. We will not disclose your information without your consent.
Lanleigh will usually use the email address that you have provided to contact you when necessary or to provide you with information you have requested. We will also use your email address to alert you to marketing initiatives, newsletters, or events that may interest you. If at any time you decide you do not wish to receive such marketing information you have the right to ask us not to send you any further such material (see Direct Marketing section).
Although we will securely maintain information you provide to us, the Site does not assure the secure transmission of information across the internet. You should be aware that there are risks inherent in transmitting information across the internet. If you have concerns about submitting information using the electronic forms available on the Site, please use alternate modes.
LINKS TO OTHER WEBSITES
The Site contains links to other websites. We are not responsible for the content or the privacy practices of other websites and we encourage you to examine each website’s privacy policy. See our Disclaimer on the Site for more information.
CHANGES TO THIS PRIVACY POLICY
We are constantly reviewing all our policies and attempt to keep up to date with changes in market expectations. Technology is constantly changing, as is the law and marketplace practices. Consequently, we may change this Privacy Policy from time to time or as the need arises. You may request this Privacy Policy in an alternative form.
We regularly review our practices and procedures regarding how we collect, hold, use, disclose, and otherwise manage personal information. We reserve the right to review and amend this Privacy Policy from time to time but will advise you of any material changes. Where we update this Privacy Policy we will make the updated policy available, including on the Site.
ENQUIRIES & COMPLAINTS
For further information or enquiries regarding your personal information or to request access to or correction of your personal information, you can contact us. If you believe that we have not dealt with your personal information in a manner that complies with the Privacy Act or the APPs, you can make a privacy complaint to us.
Please direct all Privacy complaints to Lanleigh in writing at the following:
Post:
PRIVACY OFFICER
Lanleigh Capital
PO Box 63
West Beach SA 5024
Email:
enquiries@lanleighcapital.com
All Privacy complaints will be treated seriously, will be dealt with promptly and confidentially, and will not affect the existing obligations or commercial arrangements between you and us. We will generally acknowledge your complaint within 7 days of receipt, and commence an investigation into your complaint. Following the completion of the investigation, and generally within 30 days of receipt of the complaint, we will provide you with a decision on your complaint.
We will use our best endeavours to resolve any complaint to your satisfaction. In the event that you are dissatisfied with the outcome of your complaint or the response from our Privacy Officer, you are entitled to refer the complaint to the Federal Office of the Privacy Commissioner who may investigate the complaint further.