Introduction

The Australian Privacy Principles (there are 13) in the Privacy Act set out how organisations such as ours are permitted to collect, use, keep and disclose ‘personal information’. We are bound by the elements of each of these Australian Privacy Principles (APPs) that apply to our services and how we provide them. Over and above these ‘principles’ and the other ‘duties of confidentiality’ we owe you, the ‘protection of your privacy’ and the ‘security of data’ concerning you and your affairs are of real (overriding?) concern to us.

This notice (required by the APPs) explains why and how we collect, handle and use information about you, and the circumstances in which we do or may have to share it with others in order to provide the services you do or could require from us. It explains the consequences of not providing the information, and that it can’t be provided under a pseudonym or anonymously.

It confirms that you, as a general rule, have the right to access the personal information we have about you on file or saved in our systems, and to request its correction, but there are exceptions.

It also explains how to submit a complaint to us if you believe we’ve mishandled your personal information or haven’t complied with ‘privacy laws’.

It provides the ‘contact details’ for the relevant person, in case you ever have any questions about the use or protection of your personal information.

Our ‘Privacy Policy’…

We also have a comprehensive Privacy Policy, addressing our obligations under the APPs, Privacy Act and other ‘data breach’ and ‘cyber-attack reporting’ regulations, which is mentioned a number of times in this notice and applies to all employees, contractors, clients, and third parties engaging with Arculus Funds Management. As required by the APPs, it is a ‘public document’. Please use the following link to contact us for a copy (info@arculus.com.au).

Who are we?

We provide investment and portfolio management services, covering debt and related financial products, to operators of managed funds, family offices, professional investors and others who qualify as a ‘wholesale client’ and a ‘sophisticated investor’ (in accordance with the Corporations Act).

This notice covers GCI Australia Pty Ltd, which controls Arculus Funds Management, and its staff, to the extent we may consult the professional expertise of the team at GCI Australia Pty Ltd in relation to matters involving information we have about you.

Why we have to collect and how we use information about you

The nature and scope of the information we collect is driven by what is required in order to provide or arrange the services you do or may require, to communicate with you in a timely manner in relation to developments or opportunities, to enhance our service-relationship with you and to improve our operational arrangements. Where you’ve agreed or would reasonably expect us to use or disclose your personal information for ‘direct-marketing’ purposes, we will do so, but it will be easy for you to cease these communications.

It is also required because we are obliged or specifically authorised to do so by laws applying to financial services providers, such as ourselves, the services we provide and how we provide them. The most significant and ever-present are the Anti-Money Laundering & Counter-Terrorism (AML/CTF) Act, which requires us to verify your identity, the Corporations Act, the ASIC Act and our Tax laws. There are particular legal and regulatory obligations that apply to the services we provide.

How we collect the information

Whenever we can, we collect the information from you directly. We do so when, for instance, you:

apply to use our services or to change how you use our services.
complete service agreements, forms and other documents.
provide and update your ‘contact details’.
provide instructions.
use our website.
subscribe to receive or access information and analysis we publish.
communicate with us by email, phone or other channels.
attend events, seminars or meetings; or
apply for a position as an employee, contractor or intern.

We may also collect personal information about you from third parties or publicly available sources, including:

your financial adviser, wealth manager or stockbroker.
those providing professional services to you (e.g. your accountant, solicitor).
your employer (for employment-related matters).
Credit Reporting Agencies (where legally permitted).
registers or databases maintained by a regulatory body (e.g. ASIC) or a government, which are accessible to the public; or
public sources, such as online directories and ‘social media’ (where applicable and lawful), in order (for instance) to contact you or update your ‘contact details’.

If we receive information from a source other than yourself, that can be used to identify you, and you may not be aware that we have done so, we will take reasonable steps to notify you of that collection.

If we receive ‘unsolicited information’ other than from yourself, that can identify you, we will determine whether it falls within or outside what is ‘reasonably necessary’ for the services we provide to you. If it falls within, we will take reasonable steps to notify you of its collection and (unless you object) keep it. If not, we will destroy the information.

What types of information do we, or might we collect?

‘Personal Information’ includes your:

name and signature.
date of birth.
e-mail address.
internet protocol (IP) addresses.
residential and postal address.
images of identification documents, such as your passport and driver’s licence (required under Australia’s Anti-Money Laundering regulations.
employer and employee record information; and
financial details, including investment history.

Tax File Numbers (TFNs) are allocated by the Australian Taxation Office (ATO) to individuals and businesses for the purposes of Australia’s taxation and superannuation systems. It would be unusual for us to need to collect your TFN, given the range of our services, but we would do so (using the ATO’s ‘Tax File Number Declaration’ form) if you were to become an employee. At the time of collection, in either context, we would inform you of the law which authorises us to request and collect your TFN, the purpose(s) for which your TFN is being collected, that declining to provide it is not an offence and about the consequences of declining to provide it.

We do not collect:

voice print and facial recognition biometrics.
location or activity information from a mobile device; or
‘sensitive information’ (except for ‘bankruptcy checks’ and ‘criminal history checks’ in the case of employment applications for certain roles).

‘Sensitive Information’ is ‘Personal Information’ that includes information or an opinion about your:

racial or ethnic (rather than ‘geographical’) origin.
political opinions or associations.
religious or philosophical beliefs.
trade union membership or associations.
sexual orientation or practices.
criminal record.
health or genetic information; or
other types of biometric information.

What happens if you don’t provide your information to us?

You are not legally required to provide us with your personal information, but if you choose not to provide certain information, we may be unable to:

provide or arrange the agreed services you require.
contact you in relation to important developments, changes to arrangements, other services; or
comply with regulatory (including tax) requirements, which would prevent us from doing what you require.

In almost all cases, it can’t be provided under a pseudonym or anonymously. It must be able to identify you.

If we do request your TFN, it isn’t mandatory to provide it, but not doing so has adverse consequences for the ‘tax treatment’ of the income earned on your investments or (in the case of an employee) your salary.

What do we collect in relation to your website activity?

We use cookies and tracking technologies on our website to enhance ‘user experience’. Please refer to our Cookie Policy if you require further information. Users can disable cookies in their browser settings however this may affect the functionality of our website.

Do we disclose or share your information with anyone?

We will share your information internally, with those who manage, administer or who will be involved in providing or arranging the services you require.

We are permitted, without first seeking your consent, to disclose your personal information to others, but only if doing so relates to the purposes of the services we are to provide or arrange for you. Therefore, we may, as required, share your information with other organisations or people in order to provide, arrange or facilitate the services you require, to comply with our legal or regulatory obligations or to enhance our systems or operational arrangements. These third parties may include (but aren’t limited to):

the team at GCI Australia Pty Ltd, our holding company.
organisations involved in providing, managing or administering our services.
organisations through which transactions are executed and settled for you.
organisations involved in our normal business practices, including our agents, contractors and mail houses.
operators of managed funds.
issuer registries.
financial institutions, such as banks.
our accountant, auditor, lawyers, insurers, tax consultants and other external professional advisers.
external IT service providers for system management and security.
organisations that maintain, test, review, develop and upgrade our business systems, procedures and technology infrastructure.
those who referred you to us.
underwriters, corporate advisers, and issue managers for financial transactions, including IPOs and other New Issues; and
employers and industry bodies (e.g. reference checking, where permitted legally).
government or regulatory bodies (including ASIC and the Australian Tax Office) as required or authorised by law (in some instances these bodies may share it with relevant foreign authorities); and
law enforcement agencies when required under Australian law.

In the case of TFNs, when acquiring a financial product for the first time, you’ll usually be asked by the ‘issuer’ of the product or their ‘ownership registry’ to provide your TFN. We would usually have no involvement in this process. In the case of an employee, their TFN is provided to the ATO and their superannuation fund.

We may need to share (with your consent, which maybe ongoing) your personal information with your representative or any appropriately authorised person acting on your behalf (e.g. your financial adviser, stockbroker, lawyer, accountant, trustee or guardian).

In short, we will only disclose personal information to particular people or organisations (not publicly):

when it is required or authorised by law (e.g. when we have to report certain events or circumstances or for ‘tax reporting’ purposes); or
when you have provided consent for the disclosure; or
when it is necessary to protect ‘public safety’ or it is in ‘the public interest’ to do so.

Links to third-party websites

If our website has links to websites operated by third parties, we are not responsible for their content or information handling practices. These other sites are not governed by our Privacy Policy. We encourage you to review the Privacy Policy of any third-party websites before providing any personal information.

Do we disclose or share your information with people overseas?

We operate in Australia and, as a rule, won’t need to share your information with any person or organisation outside Australia. However, depending on the structure of the provider of the services you require, it may be necessary to disclose personal information to an offshore organisation, such as a global financial institution or a custodian that holds international assets.

Where we are likely to be obliged to provide information overseas, we would usually ask for your consent before doing so (e.g. some nations have enacted laws to prevent tax evasion by their citizens or permanent residents, requiring us to report certain financial information to relevant overseas taxation bodies).

If your personal information is shared outside Australia, the recipient may be required to disclose that information in their jurisdiction in accordance with local law. In such circumstances, we will not be responsible for (and may not be aware of) that further disclosure.

We store your information in cloud or other types of networked or electronic storage. As electronic or networked storage can be located in many places and accessed from various countries via an internet connection, it’s not always practicable to know in which country your information may be held. If your information is stored in this way, disclosures may occur in those countries.

In the event personal data is transferred outside Australia, we will take reasonable steps to ensure:

the overseas recipient is obliged to maintain privacy safeguards consistent with, or better than, the Australian Privacy Principles.
the transfer is necessary for a contractual or legal obligations; and
where we are allowed, your explicit consent is obtained.

How do we protect your personal information?

We store information in different ways, including in paper and electronic form. We are obliged to take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. The ways we do this include:

maintaining effective, multi-layered security measures (including firewalls and encryption) to protect access to our systems and the information housed on our system, and monitoring their effectiveness.
reminding staff of our and their personal ‘duties of confidentiality’.
security measures for document storage.
only disclosing or providing access to personal information to a person who is verified as able or authorised to receive that information; and
controlling of access to our premises and offices.

What happens when we no longer need your information?

We’ll only keep your information for as long as it is relevant or otherwise necessary for the services you require or could require. That said, we are required to keep information concerning you for certain periods of time, in accordance with (particularly) the Corporations Act and Anti-Money Laundering & Counter-Terrorism Financing Act. When we no longer require your information, and if permitted to do so, we’ll ensure your information is destroyed or de-identified. If ever we needed to collect your TFN, in relation to a particular investment, our record of it would be destroyed after that use. In the case of employees, we are obliged to archive copies of the completed ‘Tax File Number Declaration’ forms.

Accessing or correcting your information

You may ask to access the personal information we hold about you, and request that it be corrected if it is inaccurate or not up to date. Our Privacy Policy sets out the process for applying for access to, and how to instruct us to correct, your information.

However, we may, by law, be prevented from giving you access or making the correction you request. Depending on the circumstances, we may also, by law, be permitted to refuse to give you access or to make the correction. In the unlikely event that we refuse access or to correct your information, we will notify you of our reasons and other required information. In the case of refusing to make the correction, you may request that we associate, with the information concerned, a statement from you concerning its inaccuracy.

Complaints

If you believe we have mishandled your personal information or have not complied with privacy laws, you may submit a complaint to our CEO, Sunetha Ellis. Our Privacy Policy sets out how to make and submit a complaint, and the process we commence in response.

Website security & portal usage

The security of our online services and arrangements, including any ‘portals’ we provide to facilitate access to particular information, is of paramount concern to us. If you believe our website, systems or data have been compromised or believe you have found a ‘security vulnerability’, please contact our CEO, Sunetha Ellis at info@arculus.com.au as soon as possible.

How to contact us

You can contact our Chief Executive Officer Sunetha Ellis by:

Writing to us:

Correspondence Address: Suite 7413, 31 Hall Street, Bondi Beach, Sydney 2026

Registered Address: Level 1, 160 Collins Street, Hobart, Tasmania 7000

Calling: +61 (0) 432 815 354

Emailing: info@arculus.com.au

By accessing and using the website the reader agrees to be bound legally by the ‘Terms & Conditions’ for accessing and use of the information presented. These can be found under “Links” at the top of the page.

Privacy Notice