Clime Group (“Clime”) like other companies operating in Australia, is bound by the Australian Privacy Principles set out in the Privacy Act which impose certain requirements on Clime with respect to handling personal information. Clime has implemented procedures to ensure that personal information is handled in accordance with the Act. Clime has issued this policy in compliance with the Act.
Please read the following policy to understand how Clime deals with the personal information that it may collect about you from time to time. This policy may change from time to time, so please revisit the policy periodically.
Who does this policy cover?
What is personal information?
For the purpose of this policy and the Act “Personal Information” means information or an opinion (including information or an opinion forming part of a document or other source), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion
Personal information may include:
- name, gender and date of birth
- contact details such as address, phone number and email address
- bank account details for direct crediting of distributions and redemptions
- investment information about your holding in our products
- Tax File Number/Australian Business Number, if you have chosen to disclose it
- login details for our website
- responses to our surveys
- any personal information necessary for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
To assist Clime in providing quality services, it is important that the information you entrust to us is complete, accurate and up-to-date. You can help us to keep your information up to date by contacting us immediately if your contact details change.
We may also collect personal information if authorised or required by an Australian law or court or tribunal order to collect that information. We will tell you if collection is required or authorised by law and provide you with details of the law, court or tribunal order.
For example, when you make an application for a financial product Clime is required under the Anti-Money Laundering and Counter-Terrorism Financing Act to collect certain information from you to prove your identity, such as your driver’s licence or passport details. Clime may collect your Australian tax file number (TFN). It is not compulsory to provide your TFN, but if you do not, Clime may deduct withholding tax from your distribution payments at the highest marginal rate. Clime will collect your TFN to determine whether you are subject to withholding tax on any distribution payments you receive and for communication purposes of distribution payments to the Australian Taxation Office. If Clime collects your TFN, we will handle your TFN in accordance with the Privacy Act and Guidelines issued by the Commissioner.
Clime may also be required to ask about your tax residency status under taxation information sharing agreements the Australian Government has in place with other countries. For example, a tax treaty between Australia and the United States formed under US law (Foreign Account Tax Compliance Act) requires Clime to ask investors in our funds whether they are US citizens or US tax residents when they make an application. If you are a tax resident of another country, the relevant treaty or law may require us to collect your relevant foreign tax identification number.
Collection of 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 information.
Clime 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).
Information we collect from you
We collect information about you and your interactions with us, for example when you request or use our products or services, make a card purchase or transfer money, phone us or visit any of our websites. When you use our website or mobile applications we may collect information about your location or activity including IP address, telephone number and whether you’ve accessed third party sites. Some of this website information we collect using Cookies. If you do not wish to accept cookies from our site, you may disable cookies in your internet browser settings.
The information we collect from you may include your identity and contact details, other personal details such as gender and marital status and financial information.
How we may use and disclose your personal information
Clime may use and disclose personal information we collect about you for several purposes including:
- to consider your request for a product or service;
- to enable Clime to provide a product or service;
- to tell you about other products and services that may be of interest to you;
- to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion or provision of a product or service;
- to manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, staff training and market or customer satisfaction research);
- to consider any concerns or complaints you raise against Clime and/or to manage any legal action between you and Clime;
- 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; and
- as required by relevant laws, regulations, codes of practice and external payment systems.
If Clime 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. Otherwise, Clime 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
- Clime 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.
Disclosure of personal information
We will not disclose personal information collected by us for any purpose other than where you have consented to the disclosure; or where the National Privacy Principles authorise use or disclosure where required or authorised by law, in circumstances relating to public health and safety, social security and taxation in connection with certain operations by or on behalf of an enforcement body.
In relation to our role as a financial service provider we are required pursuant to the Corporations Act to maintain certain transaction records with regards to your investment in our products and make those records available for inspection to the Australian Securities and Investments Commission.
We may disclose personal information to external service providers such as fund managers, custodians, mailing houses and auditors for the purpose of giving effect to the service provided by us. These external parties are only authorised to use personal information for the purpose for which Clime supplied it. Those organisations are not authorised to use that information for their own purposes.
Sending information overseas
During our course of business, we may send your information overseas, including to overseas Group members and to service providers or other third parties who operate or hold data outside Australia.
Where we do this, we make sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.
We may also send information overseas to complete a particular transaction, such as an International Money Transfer, or where this is required by laws and regulations of Australia or another country.
Integrity of personal information
We are committed to ensuring that personal information collected and kept by us is kept secure and protected from misuse, loss, unauthorised access, inaccuracy, modification or disclosure.
Should your details change, we ask that you advise us of the change as soon as possible so that we may maintain accurate records.
We have taken all reasonable steps to safeguard the security and confidentiality of personal information collected via our website, including the implementation of procedures and equipment technically feasible at the time.
Due to the nature of the internet, however, we cannot guarantee that personal information collected online is totally protected from unauthorised collection or misuse.
Access to personal information
If you have concerns about the completeness or accuracy of the personal information Clime holds about you, or would like to access or amend the information, please contact our Privacy Officer at:
Clime Investment Management Limited
PO Box Q1286
Queen Victoria Building NSW 1230
Ph: 1300 788 568
Fax: (02) 8917 2155