Privacy Policy

1 Introduction

Fife Capital Group Pty Limited (ACN 143 697 572), Fife Group Services Pty Limited (ACN 651 220 549), Fife Capital Funds Limited (ACN 130 077 735), Fife Capital Management Pty Limited (ACN 087 706 741), and our related entities and affiliates, including those entities operated or managed by us (collectively Fife Capital, us, we, our) maintain a policy of strict confidence concerning your (you, your) personal information (Privacy Policy). This Privacy Policy has been developed in accordance with the Privacy Act 1988 (Cth) as amended (Privacy Act) and the Australian Privacy Principles set out in the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Australian Privacy Principles).

The purpose of this Privacy Policy is to outline how we comply with the Privacy Act and the Australian Privacy Principles in protecting the personal information we hold about individuals. This Privacy Policy applies to the collection, storage, use and dissemination by us of your personal information.

Access to any of our websites (each referred to in this Privacy Policy as the Site) and any provision of information to us, is conditional on your acceptance of the terms of this Privacy Policy. This Privacy Policy applies to information provided to us whether via a Site or any other means.

Although we will comply with this Privacy Policy in respect of information provided to us by persons under the age of 18 years, those persons must obtain the consent of a parent or guardian prior to using a Site and the parent or guardian will be responsible for appropriately supervising the person’s use of a Site.

Additionally, this policy contains information that applies to personal information collected from persons located in the European Union (EU) or United Kingdom (UK) under the EU General Data Protection Regulation (EU GDPR) or UK General Data Protection Regulation (UK GDPR), as set out in section 13.

If you have any further questions or if you wish to receive more information on our information practices and Privacy Policy, please contact our Privacy Officer (see Section 14 below).

2 Collecting of personal information

The personal information that we collect will depend on the dealings you may have with us. In this Policy, “personal information” has the meaning given to it in the Privacy Act and includes any information or opinion, whether true or not, about an identified individual or an individual who is reasonable identifiable whether the information or opinion is recorded in material form or not.

Personal information is generally collected:

from you, when you communicate or interact with us, including in person, on email, phone or our website or applications we use;
when you complete or are involved with an application or registration form in relation to an investment in one of our funds or trusts;
when you apply for employment with us;
when you speak to a representative of ours or make a complaint against or involving us;
when we investigate a complaint made against or involving us;
from any surveillance systems such as CCTV;
when you ask for access to information that we hold about you; and
from third parties such as our related companies or agents, credit reporting agencies, recruitment agencies, employment referees, information brokers, medical professionals (for example if you are involved in an accident), your representatives or publicly available sources of information. We will take reasonable steps to inform you that we have your personal information, unless it is obvious from the circumstances.

We may collect and hold information in relation to:

investment partners or potential investment partners (for example, when investing or considering investing in one of our funds or trusts) and each of their representatives;
purchasers or potential purchasers, (for example, when purchasing, or requesting more information about one of our properties),
clients or potential clients as occupiers of properties that we manage and each of their representatives;
suppliers (for example, as part of a tender process for services, entry into supplier contracts, when establishing records and systems to enable payment for goods) and contractors;
visitors attending our offices or any properties we manage;
candidates and employees; and
other individuals who may come in contact with us.

We only collect personal information which is reasonably necessary for our dealings with relevant individuals, to provide services to our clients and investment partners or that is otherwise required or authorised by law. We will collect personal information, which may include, but is not limited to:

information that identifies you (for example, name, address, contact information, date of birth, tax file number);
financial and investment information which may include your bank account details, income, creditworthiness and investment records;
information about you such as your nationality and tax information and verification of identity documentation such as passport/visa, driver’s licence and proof of residency documentation
details of your employment history, performance, credit-worthiness, criminal history and related information provided as part of our on-boarding and recruitment processes;
details in relation to your employment with us; and
information about you that is required or authorised by law.

If we receive personal information about you that we did not ask for, from someone other than you, your representatives or our agents, and we determine that we could have collected this information from you had we asked for it, we will notify you, as soon as is practicable, that we have received your personal information in this way. If we could not have collected this personal information or if you request, we will lawfully de-identify or destroy that personal information.

We will not typically collect from you any sensitive information revealing your race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability. Exceptions to this may include:

where you have given express consent to us to do so and the information is reasonably necessary for us to carry out our functions or activities. An example of this is health information that may be collected by us as a result of visitor or employee screening to prevent and/or manage the risk of any illness such as COVID-19 or other pandemic declared by local governments or authorities;
where you visit one of the properties we manage where we utilise surveillance systems for security, loss prevention and incident investigation purposes;
the use of this information is required or authorised under Australian law or a court or tribunal order; or
when the information is necessary for the establishment, exercise or defence of a legal claim.

3 Cookies

Our Site uses cookies. A cookie is a small data file that may be placed on your computer when you use our Site. Cookies assist us in storing information on how visitors use the Site and the pages that may be of most interest. This information may be used to make assumptions about who uses your computer and to provide users of your computer with information that we think may interest the users of your computer. However, this information may be linked to personal information you may provide and may be used to identify you. If you do not wish to receive cookies you should set your browser to refuse cookies, however this may mean you may not have full use of our Site. We handle personal information collected by cookies in the same way that we handle all other personal information as described in this policy.

4 Use and disclosure of information

Use of personal information

We only use personal information for the purpose which was either specified or reasonably apparent at the time when the information was collected. Personal information we collect about you will only be held, used and disclosed as is reasonably necessary for our business purposes and as permitted by law. We use your personal information for the following purposes:

providing the products or services that you have requested or the entity you represent has requested;
communicating with you;
helping us to manage and enhance our products and services, including analysing customer feedback and future customer needs;
providing ongoing offers and information about our products and services to you that we believe you may be interested in;
complying with regulatory and legal obligations;
recruiting employees and contractors; and
investigating incidents or other matters which occur on or at our premises.

Personal information of employees and contractors may be disclosed on a confidential basis to key stakeholder or investment partners for reporting purposes, however, to protect any personal information disclosed in this manner, we will require that party to only use the personal information for the purposes it was provided and we will de-identify the personal information where practicable.

Anti-Money Laundering and Counter Terrorism Legislation

The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) is aimed at deterring, detecting and disrupting money laundering, the financing of terrorism and other serious financial crimes in Australia. This legislation requires us to collect identification information about you as investment partners in our investment products and to verify your identity from original or certified copies of specified documents. Details of what identification information and documentation you are required to provide are set out in transactional based forms. We may also contact you to follow up and clarify certain information.

Under the AML/CTF Act we are also required to monitor transactions to identify any suspicious activity within any of our investment products. We may also, in our absolute discretion and without notice to you, disclose or otherwise report details of any transaction or activity, or proposed transaction or activity (including any personal information) to the relevant regulatory bodies or authorities as required by the AML/CTF Act.

Disclosure of personal information

We may disclose certain information about you including your personal information within Fife Capital for the purposes for which we collected it, or for reasonably connected purposes, in the context of providing services to you (or the entity you represent) or in connection with your employment with us.

We may provide certain information about you including your personal information to our related or affiliated companies and trusts.

We will not disclose your personal information to any third party other than as set out in this Privacy Policy, or as required or authorised under law. In order to deliver the services that we provide to you (or the entity you represent), or in connection with your employment with us, we may disclose your personal information to third parties.

We take reasonable steps to ensure that these third parties are bound by privacy obligations in relation to the protection of your personal information. The third parties to whom we may disclose your personal information to include:

other investment vehicles managed by Fife Capital;
contractors and service providers who assist us in the operation of our business or in the management of our funds, or who provide you with customer service (for example, a company that helps us maintain our computer systems and sends out our emails);
joint venture partners for the purposes of seeking relevant regulatory approvals;
third party lenders and insurers;
the Australian Securities and Investments Commission (ASIC), Australian Transaction Reports and Analysis Centre (AUSTRAC), Office of the Australian Information Commission (OAIC) and to other Australian and/or non-Australian government agencies, regulatory bodies or authorities, as agreed to or required by law;
to persons in the course of protecting our rights or property, or to avoid injury to any person, by law;
anyone authorised by you; and
relevant parties in situations where we are required by law to provide the information.

If we wish to use or disclose your personal information in other circumstances, we will obtain your consent before we do so.

Due diligence on external service providers

As mentioned above, we may engage external service providers to assist with any aspect of our business operations. Where we engage an external service provider to process your personal information on our behalf, we will conduct due diligence on them to ensure that we are reasonably satisfied that they will provide an adequate level of protection of your personal information.

5 Direct marketing

We may use your personal information for the primary purpose of providing you with our services, and for which you would reasonably expect us to use that information for, including sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We may use any email address or other personal information you provide to us at any time for this purpose.

Opt-out request

You can, at any time, opt out of receiving marketing material by advising us through the relevant method provided for in the electronic marketing message sent to you or by contacting our Privacy Officer (see Section 14 below).

Once you opt out of receiving marketing material from us, you agree and acknowledge that this removal of your personal information from our distribution lists may take up to 15 business days after the date of your removal request. You agree and acknowledge that even if you opt out of receiving marketing material, we will still send you essential information that we are legally required to send you relating to the services we provide.

Accuracy of your information

We take all reasonable steps to ensure that your personal information held by us is accurate, complete and up to date. If you believe that any of your personal information is inaccurate, please contact our Privacy Officer (see Section 14 below) and we will take all reasonable steps to correct it within 14 business days.

6 Links to third party sites

Our Site may link you directly to websites operated by third parties (Linked Sites), and you acknowledge that Linked Sites are not operated by us. We encourage you to always read the applicable privacy policy of any Linked Site before browsing or using the Linked Site. We are not responsible for the content or practices of the Linked Sites, nor their privacy policies regarding the collection, storage, use and dissemination of your personal information.

7 Disclosure of information overseas

We mainly handle/process your personal information in Australia, and may disclose personal information overseas to allow external parties to perform their services for us, but we will only do so in accordance with the Privacy Act.

We may transfer your personal information to foreign jurisdictions to fulfil the purposes set out in this Privacy Policy, for example to:

third party lenders and insurers with offshore offices;
our related entities or affiliates based in Australia or overseas;
anyone authorised by you;
government and regulatory bodies in Australia and overseas;
law enforcement agencies;
entities who wish to be involved in our business, or acquire an interest in our business; and/or
other companies, contractors, service providers and individuals who are involved with, or assist us in the operation of our business (including for any funds managed by us) or to provide you with customer service.

The countries in which the recipients are likely to be located include Singapore, United States, Japan, Switzerland, Germany and Luxembourg.

In many cases the transfer of personal information overseas will be necessary for the performance of our contract with you or for the implementation of pre-contractual measures taken in response to a request by you or for the performance of a contract with a third party which is concluded in your interests. If we engage any overseas parties which is likely to lead to the disclosure of personal information held by us, we intend to manage this engagement by implementing contractual arrangements with the overseas party to ensure personal information is safeguarded and to ensure that these parties comply with standards at least equivalent to the Australian Privacy Principles.

8 Your consent

By your use of a Site and/or provision of your personal information to us, you consent to the collection, storage, use and dissemination of your personal information in accordance with this Privacy Policy and as otherwise permitted under the Privacy Act.

9 Security of information

We may hold your personal information in either electronic or hard copy form. The confidentiality and security of your information is very important to us, and we take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We use a number of physical, administrative, personnel and technical measures to protect your personal information, however the open nature of the internet means there is always some risk that an unauthorised party might find ways to overcome our security measures, and it is not possible to guarantee the security of your personal information.

Where we no longer require your personal information for business or legal reasons, we will take reasonable steps to destroy or de-identify it.

Where required by applicable law, we will notify you, and the Office of the Australian Information Commissioner and/or other relevant regulatory authorities, of data breaches affecting your personal information.

10 Access to and/or correction of information we hold about you

You have specific rights under Australian law in relation to requesting access to and correction of personal information we hold about you and making a privacy complaint. If you request access to the personal information we hold about you, we will respond to your request within a reasonable timeframe and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions allowed under the Privacy Act. You may request this information by contacting our Privacy Officer (see Section 14 below).

We take measures to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. The Privacy Act gives you the right to request correction of the personal information we hold if you believe that the personal information we have is incorrect. All requests for correction can be made to our Privacy Officer (see Section 14 below).

You have the option to either not identify yourself or to use a pseudonym when you contact us, unless it is impracticable for us to communicate with you in that manner or unless we are required or authorised under Australian law, or a court or tribunal order, to deal with individuals who have identified themselves.

11 Complaints

If you have a complaint about our Privacy Policy or the collection, use or safe disposal or destruction of your personal information, you can contact our Privacy Officer (see Section 14 below).

We will acknowledge your complaint as soon as practicable, investigate it and report back to you as soon as practicable (usually within 30 days). If you are dissatisfied with the response then you may raise the matter directly with the Australian Information Commissioner.

12 Variation and consent to variation

We may at any time vary the terms of this Privacy Policy. You should check this Privacy Policy regularly which is available on our website at www.fifecapital.com.au so that you are aware of any variations made to this Privacy Policy. You will be deemed to have consented to such variations by your continued use of the Site and/or our services following such changes being made.

13 European Union (EU) and United Kingdom (UK) data protection laws

You may have additional rights under EU General Data Protection Regulation (EU GDPR) or UK General Data Protection Regulation (UK GDPR), regarding the protection of personal information relating to you if you are a citizen or resident in the EU or the UK. Where EU or UK data protection laws apply, the provisions of this section will apply in addition to the general provisions set out in this policy. For the avoidance of doubt, the term ‘personal information’ used in this section has a meaning of ‘personal data’ under EU GDPR or UK GDPR, where applicable. These additional rights may include the right to:

obtain information regarding the processing of your personal information and access to the personal information which we hold relating to you;
withdraw your consent to the processing of your personal information at any time. We note, however, that we may still be entitled to process your personal information if we have another legitimate reason for doing so. For example, we may need to retain your personal information to comply with a legal or regulatory obligation;
in some circumstances, receive some personal information in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. This right only applies to personal information which you have provided directly to us;
request that we rectify your personal information if it is inaccurate or incomplete;
request that we erase your personal information in certain circumstances. Your personal information is generally retained by us for 10 years. We note that there may be circumstances where you ask us to erase your personal information but we are legally entitled to retain it;
object to, or request that we restrict, our processing of your personal information in certain circumstances. We note there may be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to refuse that request; and
lodge a complaint with the relevant data protection regulator if you think that any of your rights have been infringed by us.

You can exercise your rights by contacting us using the details below.

In the case of a data breach of your personal information, when the data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the data breach to the data subject without undue delay. Fife Capital will without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the breach to the relevant supervisory authority, unless the data breach is unlikely to result in a risk to your rights and freedoms.

14 Contact us

If you wish to contact our Privacy Officer, you can do so in writing, by phone or fax or by sending an email. Please see the contact details below:

Privacy Officer, Fife Capital
Level 12
89 York Street
Sydney NSW 2000

Phone: +61 2 9251 2777
Fax: +61 2 9251 2877
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Last updated 17 August 2023