We’re making cookies.
And protecting your privacy.

Invest Unlisted Pty Ltd (ACN 166 819 898, CAR 454 235) ( “Invest Unlisted”, “we”, “our” or “us”) is committed to protecting your privacy and the security of your personal information and acting in accordance with your rights under data protection law.

We are required under the Privacy Act 1988 (Cth) (Privacy Act) to have a clearly expressed and up-to-date privacy policy with information about how we collect, use, and manage your personal information, including personal information collected via our website. This policy describes how we will comply with our obligations under the Privacy Act and manage the personal information we collect.

Our website may contain links and references to other websites to which this privacy policy does not apply. You should review the privacy policy applicable to each of those websites and assess whether those policies are acceptable to you before you use those websites.

1. What does “personal information” mean?

“Personal information” is any information that can identify you or that can reasonably enable your identity to be determined. This information could include your name, postal or email address, date of birth, or financial details.

Personal information includes “sensitive information.” Sensitive information is any personal information about your racial or ethnic origin, political opinions, membership in a political association, religious beliefs or affiliations, philosophical beliefs, membership in a professional or trade association, membership in a trade union, sexual preferences or practices, criminal record, health or genetic information.

2. What personal information do we collect?

The type of personal information we collect and hold about you will depend on the dealings you have with us. When you deal with us (including for the purposes described in this policy) the types of personal information you may be required to provide to us include:

• your contact details (for example: name, address, telephone number, email address), date of birth, gender, and/or occupation;
• financial information;
• your Tax File Number;
• your Australian Business Number (if applicable);
• your bank account or other financial institution details; and
• identification documents (for example, drivers licence).

From time to time, we may obtain personal information about you from third parties (for example, identity verification service providers, publicly or commercially available sources, or third parties you have authorised us to contact) for the purpose of complying with legislative obligations, such as anti-money laundering laws.

When you use our website, we may also indirectly collect your internet protocol (IP) address, device identifiers, browser type, operating system, internet service provider, location, mobile network information, pages accessed, time stamps and your online transaction history.

3. For what purposes will we use your personal information?

If you choose to become an investor in a fund that we manage, we may collect, use, and disclose your personal information, including for the following purposes:

• Your identification details are used to process your application, verify your identity and contact information, set up an account in your name, provide you with secure access to our website, process transactions and send you confirmations, manage your investment, ensure that you receive your distributions, provide you with information about your investment from time to time, improve the services we provide to you, and to ensure that we comply with our legal and regulatory obligations.

• During the time you are an investor in our fund we will hold investment-related information about you including the amount you have invested.

• Your Tax File Number and Australian Business Number (where relevant) will be collected in order for us to ensure that your investment is taxed correctly.

• Your identification details are used to provide you with information about any important changes relating to your investment in our fund, and related services, as well as any changes to our business generally.

• We may also use your personal information for any purpose: for which your personal information was originally collected or you have consented; for enforcement related activities conducted by, or on behalf of, an enforcement body; or which is authorised or required by a court/tribunal order or an Australian law.

We may collect, use, and disclose your personal information to provide you with information about our products and services and products offered by other parties that we believe may be of interest to you (including by way of direct mail, telephone, email, SMS and MMS, secure portals, and online advertising and marketing) or to request your feedback for research purposes. You always have the right to opt out of receiving such information. You may exercise that right by contacting us as set out below.

If you cease your relationship with us, we will only retain your personal information on file to the extent necessary to meet our regulatory obligations and we will only contact you with your consent.

4. Do you have to provide your personal information to us?

If lawful and practicable, we offer you the opportunity to deal with us anonymously or by using a pseudonym. For example, we can provide general information to you about our products or services, or general guidance on how to fill out our forms without collecting any personal information.

However, if we are unable to collect and/or verify some or all of your personal information, we may not be able to enter into a business relationship with you or provide certain services to you.  In order for us to provide our services to you it is normally impracticable for us to deal with you anonymously or by using a pseudonym. For example, if you do not provide your personal information to us, we will be unable to properly administer your investment, notify you about distributions or the performance of your investment, or adequately provide our services.

5. How do we collect personal information?

Invest Unlisted, and Evolution Trustees Limited (ACN 611 839 519, AFSL 486217) as trustee for the Fund, will generally collect your personal information as much as possible directly from you. For example, we collect information about you through your application form and other forms that you may complete after becoming an investor in our fund.

We may on occasion collect your personal information from publicly available sources of information and from third parties, including, for example, from:

• your financial adviser or another person who acts as your agent;
• Australia Post and/or the Australian Taxation Office (if we cannot contact you);
• direct marketing organisations and data providers.

We will only collect “sensitive information” if you have consented to the collection of the information and the information is reasonably necessary for one or more of our functions or activities or if the collection of sensitive information is authorised or required by a court/tribunal order or an Australian law, including the following Australian laws:

• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
• Corporations Act 2001 (Cth);
• Income Tax Assessment Act 1936 (Cth) and Income Tax Assessment Act 1997 (Cth);

• Privacy Act.

6. To whom do we disclose your personal information?

As set out above, there is a range of people and organisations to whom Invest Unlisted, and Evolution Trustees Limited (ACN 611 839 519, AFSL 486217) as trustee for the Fund, may disclose your personal information and from whom we may collect your personal information. The particular party to which we may disclose your personal information will depend on the dealings you have with us. Some examples of persons to whom we may disclose your personal information are:

• mail and electronic mail service providers for the communication of investor statements and other information;
• custodians and fund administrators;
• legal advisers and other experts;
• regulatory authorities and legal bodies as required by law (e.g. Australian Taxation Office, the Australian Transaction Reports and Analysis Centre, Australian Prudential Regulation Authority, the Australian Securities and Investments Commission or a Court or tribunal);
• auditors (in order to assist them in conducting their independent audit and review activities of our financial statements and operations);
• third parties (if you give us permission to do so e.g. your financial adviser); and
• other third-party service providers so that they can provide contracted services to us such as information technology support, hosting services, telephone services, mailing or sending other documentation, identity verification, fraud prevention, marketing or market research.

We may also share your personal information with a third party where we have obtained your consent.

We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to our collecting, using, and/or disclosing your personal information for such other purposes, this may affect our ability to deliver and improve our products and services, or to engage or do business with you.

7. Do we disclose your personal information overseas?

We will only disclose your personal information to a recipient overseas in accordance with the Privacy Act. Circumstances in which we will do this include instances where:

• you have asked us to or we have your consent to do so;
• we have outsourced a business activity or function to an overseas provider;
• we reasonably believe that the overseas recipient is subject to a law or binding scheme that protects the information in a way that is substantially similar to the way the information is protected under the Privacy Act and the Australian Privacy Principles, and there are mechanisms you can access to take action to enforce that protection; or
• the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Please note that the laws on processing personal information in other countries may be less stringent than in Australia. When we disclose your personal information overseas, we will take reasonable measures to ensure that your information is held, managed, and accessed in accordance with the standards that apply in Australia, including the Australian Privacy Principles.

8. How do we protect your personal information?

We have security policies and systems in place to protect your personal information. We take reasonable steps to protect the personal information we hold from loss, interference, destruction, unauthorised access, modification, or disclosure using both physical and electronic security measures. We implement multiple layers of security controls throughout our systems so that in the event that one control fails, or a vulnerability is exploited, there are other measures still in place to protect your personal information. Relevant measures include firewalls, data encryption, limiting physical access to data centres and controls over access to information.

The people within our organisation who handle your personal information are only those who have the need to access it and have the training and skills to protect your personal information from unauthorised access or misuse.

Our website uses industry standard security protocols to protect the personal information you disclose in using our online facilities. We use encryption to provide more secure communications when using our online facilities. In addition, when you use our online facilities you must read and accept terms and conditions relating to privacy and security. You can review the online terms and conditions by clicking on the following link: Terms & Conditions.

If you provide us with your personal information over the internet you accept that such information will be transmitted at your own risk as the security of such information cannot be guaranteed.

You are responsible for keeping your account details, including user name and password, confidential and secure.

9. Can you access the personal information we hold about you?

You may request access to any of the personal information we hold about you by contacting us as set out below. A summary of personal information such as your name and contact details and investments you have with us is available to you upon request. We will provide you with access to your personal information in accordance with the Privacy Act. Under the Privacy Act, we can deny access to some or all of your personal information in specified circumstances and will provide reasons for any refusal in writing. If you are not satisfied with any refusal to grant you access to your personal information, you may make a complaint (see below).

10. Can you correct any personal information held by us that is incorrect?

We endeavour to ensure that the personal information we hold about you is accurate, up to date, complete, relevant, and not misleading. Please let us know if you believe any of your personal information that we hold is incorrect by contacting us as set out below.

To ensure that the information we hold about you remains accurate, complete and up to date, we may ask you to check and correct your personal details from time to time. We may do this as part of our regular communications with you, when you make a telephone enquiry, or through other means.

11. Cookies

Some of the pages on our website use “cookies,” which are small files that may be placed on your hard disk for record-keeping purposes. Cookies helps us remember who you are and may collect and store your server address, top level domain name (e.g. .com, .gov, .net, etc.), the date and time of your visit, country your service address is located in, the type of browser you used, the pages viewed and any downloads made, the previous site you visited and the site you visited next. Cookies can make your subsequent visits to our website simpler and more efficient (for example, your password may be saved so you do not need to re-enter it). We may also use the information to assist in improving the website, marketing, and product development.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (However, by not accepting cookies, some pages on the website may not display properly or you may not be permitted to access certain information.) A server cannot find out a name, email address, or anything about you by using cookies.

We do not store or collect cookie information. Once we receive information from you, via email or any other means, the information is stored in a secure environment.

12. Who should you contact with questions regarding our privacy policy?

We have appointed a Privacy Officer. If you have any queries you can contact us by the following means:

Call: +61 (3) 9225 5216
Mail: Attn: Privacy Officer, Invest Unlisted,  Level 31, 120 Collins St Melbourne VIC 3000 Australia

13. Can you complain about a breach of your privacy?

If you believe that we have not protected your personal information as set out in this privacy policy you may lodge a complaint with us by phone or mail:

Call: +61 (3) 9225 5216

Email: privacyofficer@investunlisted.com.au
Mail: Attn: Privacy Officer, Invest Unlisted,  Level 31, 120 Collins St Melbourne VIC 3000 Australia

Please mark the envelope or the email message “Notice of Privacy Complaint.” We will make every attempt to resolve your complaint quickly and fairly. If you are not satisfied with the manner in which we deal with your complaint you may refer it to the Office of the Australian Information Commissioner (OAIC). You can contact the OAIC:

Online: www.oaic.gov.au

Email: enquiries@oaic.gov.au

Phone: 1300 363 992

Mail: GPO Box 5218, Sydney  NSW  2001

14. Changes to this privacy policy

This privacy policy may change from time to time. We will display our current privacy policy on our website and we may notify you when significant changes are made. Before providing us with personal information, please check this policy for any changes either by accessing our website or by contacting us as set out above to request an up-to-date copy. This privacy policy was last updated on 1 November 2019.