PRIVACY POLICY | Briars FM

Various privacy laws impact on the way in which the Briars Funds Management (including Briars Monthly Income Fund & Briars Private Mortgage Fund) (we, us and our) and each of the schemes of which we are the responsible entity or trustee, operate. These laws include the Australian Privacy Principles contained in the Privacy Act 1988, the Privacy Amendment (Notifiable Data Breaches) Act 2017 and the European Union General Data Protection Regulation (the GDPR).

Your privacy is important to us and we are committed to managing your personal information responsibly and in accordance with our legal obligations including the requirements of the Privacy Act 1988 and with the Australian Privacy Principles.

These laws and principles regulate, among other things, the way we collect, use, disclose, keep secure, and give you access to your personal information.

In order to provide investment services to you we need to collect and retain some personal information. This allows us to process applications, administer accounts and provide you with information. We may also use your personal details to communicate with you about products and services and comply with relevant laws.

We consider all information about you to be private and confidential.

This Privacy Policy sets out the type of information we collect and how we collect, store, use and disclose your personal information. We recommend that you read it carefully.

You are not required to provide us with your personal information, but if you do not do so we may not be able to provide you with our products or services.

If you apply for or accept any of our products or services or otherwise provide us with your personal information, you agree to your information being collected, held, used and disclosed as set out in this Privacy Policy. We may revise this Privacy Policy from time to time by placing the revised Privacy Policy on our website or otherwise notifying you of the change.

What kind of information will we collect?

In order to establish and administer your investment in a scheme and provide information about our products and services to investors and financial advisers, and to comply with relevant legislation, we may collect the following information:

full name, date of birth, gender and contact details including telephone, address, e-mail and fax; copy of a driver’s license and /or passport or other identification documentation for the purpose of verifying identity and to ensure compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act and/or other legislation and regulations regarding identification verification, and tax reporting and withholding;
tax file number and bank account details for the purpose of administering investor accounts and tax reporting and withholding;
investor contribution details and investment choice;
details about authorised signatories;
detailed contact information about a financial adviser; and
copies of any relevant trust deeds, partnership agreements or constitutions, which may be relevant to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act.
It may, on occasion also be necessary to obtain other details, including information relating to powers of attorney or for probate and estate administration and in relation to beneficial owners.

From whom do we collect this information?

Wherever practicable, we will collect information about individuals from those individuals. However, it may be necessary at times to collect information about individuals from other external sources, such as:

a financial adviser or broker; ·
authorised representatives, such as executors or administrators; and
identification verification service providers.

Information we collect from the web.

We currently operate a website, at www.briarsfundsmanagement.com.au. Our web server (ie the computers that house our website) has the capacity to collect the following types of information for statistical purposes:

the number of users who visit the website;
the number of pages viewed; and
traffic patterns.

This is anonymous statistical data and no attempt is made to identify users or their browsing activities. This data is used only to evaluate our website performance and to improve the content we display to you. Other information, such as browser type, is included in a ‘cookie’ that is sent to your computer when you complete certain tasks on our website. A cookie contains bits of information that enables our servers to identify and interact efficiently with your computer. Cookies are designed to provide a better, more customised website experience, and to make it easier for you to use our website. You can configure your computer to accept or reject cookies.

Security on our system.

Your information is protected from unauthorised access through the use of secure passwords, user log-ons or other security procedures. Developments in security and encryption technology are reviewed regularly. Where necessary, we will remind you that the Internet is an insecure medium.

Briars Funds Management Pty Limited

ACN 616 499 891

AFSL 514 171.

Our policy as to use and disclosure.

How is personal information used?

Generally, we only use and disclose personal information for the purpose for which it was disclosed to us or related purposes which would reasonably be expected. Those purposes include:

to establish and administer an investor’s investment account and their relationship with us;
for communication purposes;
to comply with our record-keeping, reporting, and tax obligations;
to protect legal rights and comply with legal obligations;
to prevent fraud and abuse;
to enable us to provide information about and existing products and services that will enhance our relationship with the relevant parties. However, we do respect the right of individuals to ask us not to do this; and
to handle any relevant enquiries or complaints.

To whom may we disclose your personal information?

Required by law We may be required by law to disclose personal information.

For instance, we may be required to provide details to:

Australian Government regulators such as the Australian Securities and Investments Commission (ASIC), Australian Tax Office (ATO), Australian Transaction Reports and Analysis Centre (AUSTRAC) and to other regulatory or government entities;
Financial Ombudsman Service (FOS);
as required by a court order;
to other regulatory or governmental entities outside of Australia as may be required; and
your spouse in accordance with the Family Law Act requirements. Account administration In order to meet our investors’ needs and provide some investor services, such as administration of accounts and mailing of investor distribution statements, it may be necessary to release information or provide access to external service providers, for instance:
any organisations involved in providing, managing or administering our products systems or services such as custodians, registries, administrators, mail houses and software and information technology providers;
auditors, consultants and other professional advisers;
authorised financial advisers; a legal personal representative, attorney or any other person who may be entitled to receive the proceeds from a deceased investor’s account balance and any person contacted to assist us in that process;
other financial institutions who hold an account in an investor’s name, for example, where amounts have been transferred to or from that account;
authorities investigating (or who could potentially investigate) alleged fraudulent or suspicious transactions in relation to an investor’s account.

Market research

We may also provide some information to market research companies, for the purpose of analysing our client base. We may provide investors’ and advisers’ or prospective investors’ and advisers’ contact details to market research companies, to undertake research on our behalf. These agencies must return to us, destroy or retain in accordance with the privacy law all records of this information. We retain ownership of this information and will ask you if you do not wish to participate in market research.

We will not sell our client information

Information about you or your investment in the scheme is not and will not be sold to any other company, individual, or group.

Obtaining and Correcting Information

You may request access to any personal information we hold about you.

Generally, if it is incorrect, we will correct it at your request. Your right to access is subject to some exceptions allowed by law. We will notify you of the basis for any denial of access to your personal information.

Can you complain?

Yes. If you have a complaint about a breach of this Privacy Policy including the manner in which we have collected, held, used, disclosed, kept, or given people access to your personal information, then you may make a complaint to us using the contact details set out below. You will need to provide us with sufficient details regarding your complaint and any supporting evidence. Your complaint will be referred to our Privacy Officer who will investigate the issue and determine the steps we will take to resolve your complaint.

We may ask you to provide additional information.

We will notify you in writing of our determination, generally within 30 days. If you are not satisfied with our determination or you do not receive a response within 30 days, you can contact us to discuss your concerns and you can refer the complaint to the Office of the Australian Information Commissioner www.oaic.gov.au. Specific Rights for European Union (EU) residents only If you are located in the EU, then you may have additional rights. Some of these rights will only apply in very limited circumstances.
You can ask us to confirm if we are using or holding your personal information.
You can ask us to delete your personal information. This right applies only on limited circumstances and will not usually apply where it remains necessary for is to use your information for the purposes for which it was collected, we are required by law to retain your information or your information is relevant to a legal dispute.
Briars Funds Management Limited – Privacy Policy (continued) Briars Funds Management Limited ACN 616 499 891 AFSL 514171
You can ask us to help you move your personal information to other companies, where this is technically possible and only if we have collected and used your data via automatic means.
You have the right to be informed and now about any protections that we have in in place where we are transferring your data overseas. We may send your personal information to third party service providers to whom we outsource certain functions, who may be located overseas. When we disclose your information overseas, we are required to take measures to ensure your information is treated in accordance with the standards that apply in Australia except in rare cases (for example, where we are required by law to disclose your information overseas).

Are copies of this Privacy Policy available?

Yes. A copy of our current Privacy Policy (this document) is available from us free of charge as follows: (1) You can request a copy be emailed to you by emailing your request toinfo@briarsfundsmanagement.com.au; (2) You can request a copy be emailed to you by emailing your request to info@briarsfundsmanagement.com.au; (3) You can telephone us and request a copy be mailed or emailed to you by calling1800 870 550; (4) You can write to us and request a copy be mailed or emailed to you. If you would like a copy of this Privacy Policy in a particular format (for example, on audio disc) please contact us at the telephone number or postal address set out above and we will accommodate any reasonable request.

Any Questions?

If you have any further questions relating to this privacy statement, or concerns about the way in which we have handled your personal information, please do not hesitate to:

Email us at info@brarsfundsmanagement.com.au

Telephone us on 1800 870 550