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 disclosure of your personal information in accordance with the Privacy Act and 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 WHO WE COLLECT PERSONAL INFORMATION ABOUT

The personal information we may collect and hold includes (but is not limited to) personal information about:

clients, including potential clients and past clients
service providers or suppliers
prospective, current and past employees and contractors
advisers, accountants, lawyers and other individuals who provide services to our clients
beneficiaries of trusts and estates administered by our clients
individuals with a connection to a client that uses our service (for example, an officeholder of a corporate client)
other third parties with whom we come into contact.

2.1.2 WHAT KIND OF PERSONAL 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;
meeting the customer due diligence requirements 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 personal information we collect from you and hold for these purposes may include your 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 portfolios, 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 an exemption in the APPs applies, i.e. the collection is required or authorised by law) – for example, as required for employment purposes, or where there is an incident involving health, injury, or serious misconduct.

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, recruitment agencies, government bodies, electronic 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 the personal information we request from you, including your identification documentation, 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 collect 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 or otherwise comply with our legal and regulatory obligations; 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 generally include but are not limited to:

our related entities;
contractors;
custodians;
investment administrators;
unit registry;
property and facilities managers;;
recruitment agencies;
marketing, content and media partners;
auditors, consultants, brokers, insurers, legal and other professional advisers;
real estate agents involved in a transfer or sale of our portfolio properties;
banks and other organisations involved in managing payments;
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:

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;
the enforcement of laws relating to the confiscation of the proceeds of crime;
the protection of the public revenue;
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 and United Arab Emirates. 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 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. 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 handled 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

We recognise the importance of securing your personal information and take measures to ensure your personal information is protected from misuse, interference, loss, unauthorised access, modification or disclosure. Such measures include technical and organisational measures.

Where we suspect unauthorised access, disclosure or loss of personal information, we will take steps to contain and assess the incident as per our data breach response processes.

If a breach is likely to result in serious harm and is an ‘eligible data breach’, we will comply with our obligations under the Notifiable Data Breaches Scheme, including notifying affected individuals and the OAIC where required.

REFERENCES

Privacy Act 1988
Privacy and Other Legislation Amendment Act 2024
Australian Privacy Principles
Australian Privacy Principles Guidelines
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Corporations Act 2001

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