Privacy Policy

1. POLICY OVERVIEW

1.1 INTRODUCTION

Barwon Investment Partners Pty Ltd including its subsidiaries (together Barwon, we, us, our) respects your privacy and acknowledges that protection of your personal information is of high importance.

Barwon is bound by the Privacy Act 1988 (Privacy Act) and Australian Privacy Principles (APPs) established under the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which regulate the collection, use, correction and disclosure of personal information about individuals by organisations like us in the private sector.

1.2 PURPOSE

This Policy explains our practices with respect to the collection, use and management of your personal information and our approach to complying with the APPs.

1.3 SCOPE

This Policy applies in relation to the personal information provided to Barwon, or which we are authorised to access or collect, by our clients, prospective clients, employment applicants, contractors, suppliers, tenants, users of our website, and other parties who we engage with.

2. COLLECTION OF INFORMATION

2.1 WHAT IS ‘PERSONAL INFORMATION’ 

For the purpose of this Policy and under the Privacy Act, “personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not.

In other words, by your ‘personal information’ we mean any information or an opinion about you, from which you can be reasonably identified.

2.1.1 WHAT INFORMATION WE COLLECT AND WHY

When we request your personal information, we will take reasonable steps to explain why we need it and how it will be used and disclosed. We will collect and hold your personal information for the purposes of:

  • providing financial products and services to you;
  • verifying your identity as required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006;
  • evidencing that you qualify as a “wholesale client” as defined by the Corporations Act 2001;
  • tax reporting and withholding as required by the taxation laws;
  • letting you know about our other products and services;
  • managing the relationship with current or prospective employees;
  • communicating as necessary with our clients;
  • if authorised or required by an Australian law or court or tribunal order to collect that information.

The types of information we collect from you and hold for the purposes of providing our products or services may include full name, date of birth, contact details (i.e. residential and/or postal address, e-mail address, telephone and fax number), financial and bank account details, tax file number (TFN) and tax residency, a copy of your identification documentation, and details about your representatives or authorised signatories on your investments or loans with us.

For the purposes of recruiting our employees and contractors, the types of personal information we collect and hold may include full name, date of birth, contact details, Australian residency status and citizenship, employment history and employment references, civil, credit, regulatory and criminal records, qualifications and accreditations, directorships and outside business interests, media, bank account details, TFN, and a copy of your identification documentation.

Other information we may collect and hold includes CCTV images and video footage of you captured when you visit our office premises and properties in our portfolio, details of your communication with us (including through our website), and details of your marketing preferences.

Barwon may also collect information about how you use our or other websites to help us better tailor our services to you. For example, Barwon may do this when you click on a link from the Barwon website or visit a website which displays a Barwon advertisement. Usually, the information we collect in this way is general information only derived from cookies – such as the number of visitors to a site or statistics about how a site is browsed – and does not identify you. If Barwon does identify you with this information (for example, if you have been logged onto an online Barwon portal), any use or disclosure of that information will be in accordance with this Privacy Policy.

2.2 SENSITIVE INFORMATION

Sensitive information is personal 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 orientation or practices, criminal record, genetic information or health and wellbeing information.

Barwon will not collect, use or disclose sensitive information about you unless we need the information for one of our functions or activities and we have your consent (or we are legally required to do so) – for example, as required for employment purposes, or where there is an incident involving health or injury.

2.3 HOW WE COLLECT YOUR INFORMATION

Your personal information is primarily collected directly from you, from application forms or other documents you have provided, from your use of our website and online portal, or through ongoing communications with you.

With your consent, Barwon may collect your personal information from a third party such as your professional advisers, employer, referees, government bodies, identity verification service providers, credit reporting agencies, or we may collect information from sources you would reasonably expect, for example, information extracted from publicly available sources such as public domain websites and telephone directories.

If you provide personal information to us about other individuals, you acknowledge that you have:

  • obtained consent from the relevant individual to do so; and
  • notified the relevant individual of our access to their personal information and that we will collect, use, disclose or otherwise handle their personal information in accordance with this Privacy Policy, before providing us with their personal information.

2.3.1 ANONYMITY AND INCOMPLETE INFORMATION

Given the legal requirements, in most situations we will not be able to give you the option to deal with us on an anonymous basis or by using a pseudonym. Access to Barwon’s public website and some other interactions with us may be done anonymously, or in the case of general enquiries, using a pseudonym. However, we may not be able to respond to your queries unless you provide us with certain information.

If you do not provide us with all relevant identity verification documents, or adequately satisfy identity verification requirements, we may not be able to provide you, or continue to provide you with a product or service.

If you choose not to disclose your TFN or TFN exemption, we may have to deduct tax at the highest marginal rate (plus the Medicare levy) from distributions made to you. If you are a foreign tax resident and you have not provided us with information we have requested about your tax residency (i.e. your Tax Identification Number or similar number issued by the relevant foreign tax authority), we may not be able to process your request, or we may be required to notify the Australian Taxation Office.

If you choose not to disclose your account details or correctly answer verification questions, we may not be able to process the transactions you request or allow access to our online services.

3. USE AND DISCLOSURE OF INFORMATION

3.1 HOW WE USE YOUR INFORMATION

We will generally only use your personal information for the purpose for which we collected it, or for related purposes we consider would be within your reasonable expectations. If you do not provide your personal information to us, we may be unable to fulfil one or more of these purposes.

Barwon may use your personal information for several purposes including:

  • to consider your request for a product or service;
  • to enable Barwon to provide a product or service, including asset management, investment administration and reporting;
  • to tell you about other products and services that may be of interest to you;
  • to assess suitability of employment applicants to work with us;
  • to assess tenant applications to occupy our portfolio properties and determine appropriate leasing arrangements, including rent collection and ongoing communication;
  • for our general business operations (for example, maintenance of our business records, risk management, compliance with our legal, regulatory and insurance obligations);
  • to provide information that you request, and to respond to your enquiries;
  • to consider any concerns or complaints you raise against Barwon and/or to manage any legal action between you and Barwon;
  • to prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
  • to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty pursuant to an agreement with any tax authority;
  • as required by relevant laws, regulations and codes of practice; and
  • as otherwise may be incidental to, or directly connected with, our business activities.

If Barwon uses your personal information for direct marketing of its products or services, it will provide you with the opportunity at the point of our first contact and at any time afterwards at your request to decline receipt of any further marketing information.

3.2 HOW WE DISCLOSE YOUR INFORMATION

We may disclose your personal information to third parties if required in the course of our business operations. Such third parties will generally be our external service providers, for instance:

  • custodians;
  • investment administrators;
  • unit registry;
  • property and facilities managers;
  • brokers;
  • recruitment agencies;
  • marketing, content and media partners;
  • auditors, consultants, insurers, legal and other professional advisers;
  • data management software and storage providers.

Similarly, Barwon may be required to provide your personal information to your professional advisers or other third parties authorised to act on your behalf.

If we disclose your personal information to service providers that perform business activities for us, we expect them to only use your personal information for the specific purpose for which we supply it. To this end, we will ensure that all contractual arrangements with our third parties adequately address privacy issues.

Additionally, to meet our legal obligations, we may be required to disclose your personal information to:

  • Australian government regulators such as the Australian Securities and Investments Commission, the Australian Tax Office, the Australian Transaction Reports and Analysis Centre and to other regulatory or government entities;
  • regulatory or governmental entities outside of Australia where bound by Australian laws or regulations, for example the Foreign Account Tax Compliance Act or Common Reporting Standard requirements; and
  • police and law enforcement agencies.

Otherwise, Barwon will neither use nor disclose your personal information that is not related to the purpose for which we collected your information in the first place without your consent, unless:

  • it is required for public health or public safety or other emergency reasons; or
  • it is required to investigate or report suspected fraud or unlawful activity; or
  • it is required or authorised by law or a court order (including in Family Law matters); or
  • Barwon believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
  1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
  2. the enforcement of laws relating to the confiscation of the proceeds of crime;
  3. the protection of the public revenue;
  4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;

the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

3.2.1 DISCLOSING INFORMATION OVERSEAS

In some cases, we may disclose your personal information to third parties (e.g. contractors and/or external service providers) who may be based outside Australia, including but not limited to the Philippines. Otherwise, we are not likely to disclose any of your personal information to overseas recipients.

Should we disclose your personal information to overseas recipients, we will take reasonable steps to ensure the protection of your personal information as required by the Privacy Act.

4. ACCESS AND CORRECTION OF INFORMATION

Barwon will also take reasonable steps to ensure that the personal information we collect, hold, use or disclose is accurate, complete and up-to-date.

You may contact us to request access to the personal information we hold about you. You may also ask us to correct information about you if you believe it is inaccurate, incomplete or out-of-date.

If we receive a request from you to correct your information, then we will seek to correct it within 30 days.

All requests can be directed to:

Privacy Officer

Barwon Investment Partners Pty Ltd

GPO Box 994

Sydney NSW 2001

Phone: +61 2 9216 9600

Fax: +61 2 9221 4276

Email: [email protected]

Barwon will need to verify your identity before giving you access or correcting your information.

Barwon reserves the right to levy a reasonable charge to meet the costs of providing access to personal information, although there will be no charge for lodging a request for access.

In certain circumstances, we may not be able to correct or provide you with access to your information. If this is the case, we will inform you and explain the reasons why.

5. STORAGE AND SECURITY OF INFORMATION

Barwon stores your personal information in a combination of hard copy and electronic records. These are held on our premises and secure computer storage facilities as well as offsite using trusted third parties.

We take reasonable steps to protect personal information from loss, interference or misuse, unauthorised access, destruction, modification, or disclosure, such as:

  • training our staff on how to protect your personal information;
  • our employees and contractors are bound by confidentiality obligations;
  • requiring our service providers who hold personal information to have data security measures in place;
  • passwords are required to access systems which contain personal information and employees have restricted system and file access;
  • when you access our login websites, we encrypt data sent from Barwon to you;
  • we use firewalls, intrusion detection and virus scanning tools to prevent viruses and third parties from accessing our systems;
  • when we send your electronic data to another organisation, we use secure networks or encryption;
  • we employ physical security measures, such as locks, alarms, cameras, guards and other controls to prevent unauthorised access;
  • where personal information is no longer required to be retained, we will take such steps as are reasonable in the circumstances to destroy or de-identify the information;
  • where our staff work remotely or from home, some of the additional security measures that we implement include:
  1. two-factor authentication is enabled for all remote working arrangements;
  2. password complexity is enforced, and employees are required to change their password at regular intervals;
  3. we ensure that employees only have access to personal information which is directly relevant to their duties.

There are several steps you can take to help safeguard your personal information against cyber threats. Update your devices and software promptly, be vigilant about clicking any hyperlinks, use strong passwords and (where possible) multifactor authentication, and regularly back up your files. Do not disclose your Barwon personal identification number (PIN), passwords or access codes to any other person and contact Barwon immediately if you believe that your PIN, passwords or access codes may have been compromised or if you would like to change your PIN or password. For more information, visit the Australian Cyber Security Centre.

6. COMPLAINTS AND DATA BREACHES

Barwon treats complaints concerning privacy in the same manner as any other complaint about our products or services and will handle privacy complaints as per its Dispute Resolution Policy. If you wish to raise any concerns about any breach or potential breach of your privacy or how we have managed your personal information, please contact our Privacy Officer whose contact details are set out in Section 4 of this Policy, and we will endeavor to resolve the complaint within 30 days from receipt of your request.

If you feel your concerns have not been resolved, the complaint may be taken to the Office of the Australian Information Commissioner (OAIC). You can contact OAIC at:

Website: www.oaic.gov.au

Email: [email protected]

Telephone: 1300 363 992

In accordance with the Notifiable Data Breaches Scheme, we will promptly notify you if we are aware of or have reasonable grounds to believe that your personal information held by us is involved in an eligible notifiable data breach and involves personal information being lost or subjected to unauthorised access or unauthorised disclosure which is likely to result in serious harm. Our notification to you will include recommendations about the steps you should take in response to the breach and will not be anytime longer than 30 days from when the determination has been made by our management that the breach may cause serious harm. We will also notify the OAIC of the data breach.

Our assessment and escalation of such breaches will be in done in accordance with our Management and Reporting of Breaches and Other Events Policy.

Policy Version: V1.0 8 September 2025