Australian Securities Administration Limited (ASAL) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (“the Privacy Act”). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
The term “Personal Data” as used in this Policy means any information relating to you as an individual and from which you can be identified.
We only collect personal information that is reasonably necessary for us to provide our products and services. If you do not provide the information that we ask for, we may not be able to provide the products or services you have requested.
For the purposes described below, we might collect and use your Personal Data, which can be grouped in the following categories, as may be relevant:
Contact information: your name and contact details (private and professional), including telephone number, email address and/ or business contact information;
Information related to regulatory requirements: in particular Anti-Money Laundering (“AML”)/ Know-Your-Customer (“KYC”) information, which may include your contact information, date of birth, passport or ID card, copies of household bills and any other information or data as required by applicable laws and regulations ;
Information related to your relationship with us: information received through agreements, application forms (completed in writing or electronically), which may include your contact information and tax identification number, your current and historic investments (including transaction and account history), investment preferences and investment amount, communications regarding your investment, any information, data or records that relate to your ASAL account or use of ASAL’s website; and
Information collected when you visit our website: your online identifier (IP address) and your contact details where you register for any of our events or services online.
ASAL, as well as our distributors and sub-distributors, and the Transfer and Administrative Agent of the Funds will seek to collect directly from you your Personal Data which may be data you provide us in the course of our services, your investment in our funds and when visiting our website. Similarly we may also collect such Personal Data provided by your employer, by our Transfer Agent when you invest in our funds, through publicly accessible sources, social media, subscription services, world check database, sanction lists, centralised investor database, public registers or other publicly accessible sources.
We do not seek to collect and/ or process your sensitive personal data except where required and necessary for compliance with a legal obligation, where you have made such data publicly available or where we have obtained your explicit consent.
Servicing of clients across any of our Fund products: provide sales reporting and account statements, perform account openings/ closures and invoicing, monitor cash-flows, reporting to clients/ shareholders etc.
Provision of our Funds and services: administering relationships and related services; performance of tasks necessary for the provision of the requested services; communicating with you in relation to those services.
Offering investment in shares and performing the related services as described in the relevant Fund’s prospectus, account opening forms and any other agreement with other ASAL companies and third parties, including but not limited to: the opening of your account with the Funds, the management and administration of your holdings and any related account on an on-going basis, and the operation of the Funds’ investment in sub-funds, including processing subscriptions and redemptions, conversion, transfer and additional subscription request, the administration and payment of distribution fees (if any), payments to shareholders, updating and maintaining records and fee calculation, maintaining the register of shareholders, providing financial and other information to the shareholders.
On-boarding of clients to SMSF or Trading Account products: Your Personal Data might be collected for the establishment of AML/ KYC files, to perform sanctions screenings, compliance with our internal compliance requirements, policies and procedures.
Direct or indirect marketing activities and prospecting: preparation of mailings (information about ASAL, promotion of new funds/ products, etc.), events, market research, communicating with you via any means (including via email, telephone, text message, social media, post or in person), subject to ensuring that such communications are provided to you in compliance with applicable laws and regulations; and maintaining and updating your contact information where appropriate.
Publishing: promotional material/ reports for use with clients and prospects.
Operating our website and ensuring the security of our website: operation and maintenance of websites, provision and update of website content, tracking and profiling of website visitors, log-in area for institutional clients, advertising and/ or other information to you.
Compliance with legal and regulatory obligations as per applicable laws: to carry out any form of cooperation with, or reporting to, public authorities including, but not limited to, legal obligations under applicable fund and company law, prevention of terrorism financing, anti-money laundering law, prevention and detection of crime, tax law (such as reporting to the tax authorities under FATCA and CRS Law to prevent tax evasion and fraud), and to prevent fraud, bribery, corruption and the provision of financial and other services to persons subject to economic or trade sanctions on an on-going basis in accordance with relevant internal anti-money laundering policies and procedures, as well as to retain your AML and other records for the purpose of screening in relation to other funds or clients.
Managing our business relationship: communicating with you regarding your services.
We may disclose your Personal Data to other ASAL companies (this means our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this Policy.
To service our clients’ and shareholders’ accounts, your Personal Data may be disclosed or transferred within ASAL and in certain circumstances to third parties and service providers, where permitted by laws and regulations. We may need to disclose your Personal Data to our auditors and/or professional advisers insofar as reasonably necessary for the purposes of the performance of our statutory or prudential audit or managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Please note that we may use or disclose your Personal Data if we are required by law to do so or if we reasonably believe that use or disclosure is necessary to protect our rights and/or to comply with judicial or regulatory proceedings, a court order or other legal processes. In addition to the specific disclosures of personal data set out in this section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject.
We restrict access to your non-public Personal Data to authorised employees. We maintain physical, electronic and procedural safeguards to guard your non-public personal information. While we strive to protect our customers’ and users’ Personal Data and privacy, we cannot guarantee the security of any information you disclose online. We do not accept any liability for information which has been obtained through unauthorised access to the website.
For the purposes described above, we may have to transfer your Personal Data from the European Economic Area (“EEA”), Singapore, Hong Kong, or Australia to a ASAL affiliate or a third party outside these locations, including in a jurisdiction which may offer a different level of protection from the source location. However, we will keep your information private, in accordance with this Policy and applicable standard contractual clauses. ASAL further ensures that third parties are under contractual obligations to protect the confidentiality of your Personal Data, and to use it solely to provide services we have mandated them with.
You acknowledge that Personal Data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Data by others.
We will only retain your Personal Data for as long as necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying contractual obligations and legal, regulatory, accounting, tax or other reporting requirements. Where we keep your Personal Data for compliance with legal and regulatory obligations as per applicable laws and regulations, such as for AML/ KYC, we keep your Personal Data only if necessary and for the duration required under applicable laws and regulations. Please note that data retention obligations might differ within ASAL as they are subject to applicable local laws and regulations.
As an individual you have the following rights, which you can exercise under certain circumstances in relation to your Personal Data which we hold:
You have the right to access your Personal Data which we are keeping about you. Your right to access may, however, be restricted by applicable laws and regulations, the protection of other individual’s privacy and considerations for our business concept and practices.
You have the right to request a copy of your Personal Data and request certain information relating to its processing;
You have the right to ask us to rectify, amend, delete or have us completely remove your Personal Data from our data base;
You have the right to object and/or request a restriction of processing of your Personal Data.
You also have the right to make a complaint to the competent supervisory authority for data protection issues.
In case you have provided consent to the collection, processing and/or transfer of your Personal Data, you have the right to fully or partly withdraw your consent.
We may ask you for additional information to confirm your identity and for security purposes before disclosing the Personal Data requested by you. We will not charge any administration fee for such a request unless the request is deemed unnecessary or excessive in nature.