All information on this page is only intended to be accessed by the following persons: (i) ‘Sophisticated Investors’ or ‘Wholesale Clients’ as defined by the Corporations Act; or (ii) persons who are not prohibited to access the Site or receive the information in their relevant jurisdiction under the applicable laws (each an “Eligible User”). By clicking on the “ENTER” button, you confirm that you are an Eligible User. If you are not an Eligible User, please click on the “EXIT” button.
Nothing on the website should be construed as a solicitation, offer or invitation, or recommendation, to acquire or dispose of any investment or to engage in any other transaction. Australian Eagle is not providing any personal advice or recommendation regarding any financial products within the meaning of section 766B of the Corporations Act. No consideration has been made of any person’s investment objectives, financial situation and/or needs. Prospective investors should make their own enquiries and should seek all necessary financial, legal, tax and investment advice.
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Australian Eagle abides by the Australian Privacy Principles (“APPs”), which provides a scheme in relation to the collection, disclosure, use and storage of personal information. Australian Eagle’s objective is to handle information responsibly and provide you with some control over the way information about you is handled. The Privacy Act 1988 provides exemptions in relation to current or former employment relationships between Australian Eagle and an individual.
What personal information does Australian Eagle collect?
Australian Eagle only collects personal information that is necessary to assist Australian Eagle in providing services to clients. Australian Eagle generally collects personal information such as name, phone numbers, address, email address, banking details, date of birth, country of residence, investment details, taxation details (including Tax File Numbers) and other accounting, audit and financial services related information. If you provide Australian Eagle with personal information that Australian Eagle has not requested (unsolicited personal information) Australian Eagle will, unless otherwise required or permitted by law, delete or destroy it was soon as possible after receiving it.
In certain circumstances Australian Eagle may be required or permitted by law or Court or Tribunal order to collect certain personal information about you. For example, Australian Eagle may need to collect your name, residential address, country of residence, date of birth, business name (if any), directorship appointments (if any) and other types of personal information required by law, including but not limited to information required under the following:
• Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (“AML/CTF Laws”)
• Income Tax Assessment Act 1997 / Tax administration Act 1953
• Superannuation Industry (Supervision) Act 1993
You do not have to provide Australian Eagle with your personal information but if you do not provide Australian Eagle with the personal information that Australian Eagle has requested, Australian Eagle may not be able to provide services or assistance to you or clients on your behalf.
How does Australian Eagle collect personal information?
Australian Eagle may collect your personal information in various ways, including via telephone, email or hardcopy forms. In most situations Australian Eagle collects your personal information directly from you. However, Australian Eagle may also collect information from third parties, such as trustees and Responsible Entities, asset consultants, companies/trusts in which you are a unit holder, shareholder or officeholder and/or anyone you have authorised to deal with Australian Eagle on your behalf.
Why does Australian Eagle collect and use personal information?
Australian Eagle only collects, holds and uses personal information for the purposes for which it was provided, related purposes or as permitted or required by law. Such purposes may include:
• establishing, maintaining and administering your account or investment;
• conducting verifications, monitoring and reporting required under the AML/CTF Laws;
• recording tax information such as a Tax File Number (“TFN”), ABN, country of residence in order to report to the Australian Taxation Office (“ATO”) and other relevant bodies as required by law and withhold tax correctly from payments;
• communicating with you regarding the status of your unit/share holdings, value, distributions or responding to your enquiries and/or information requests;
• processing authorised payments to and from you;
• providing you with the services requested, either by Australian Eagle or through a third party service provider;
• quality assurance and training purposes; and
• any other uses identified at the time of collecting your personal information.
Who does Australian Eagle disclose personal information to?
Any personal information provided to Australian Eagle may be disclosed, if appropriate, to other entities in order to facilitate the purpose for which the information was collected. Such entities generally include:
• the ATO for the purpose of legislative compliance and reporting;
• the Australian Securities and Investments Commission (“ASIC”) and/or the Australian Securities Exchange (“ASX”) for the purpose of legislative compliance and reporting;
• third party service providers for the purpose of enabling them to provide a service such as unit registry, audit and tax and/or manage a product;
• your personal financial advisor/planner/asset consultant and their service providers (if you have provided consent for such disclosure) for the purpose of managing your affairs;
• government bodies, regulators, law enforcement agencies and any other parties where authorised by law;
• other entities if you have given your express consent; and
• any other entities identified at the time of collecting your personal information or to which Australian Eagle is legally required to disclose your personal information.
You also acknowledge that, if Australian Eagle is required to provide your personal information to a service provider nominated by you and they are located outside of Australia, Australian Eagle will no longer be required to take reasonable steps to ensure the overseas recipient’s compliance with Australian privacy laws in relation to your personal information. Additionally, Australian Eagle will not be liable to you for any breach of the Australian privacy laws by these overseas recipients. On this basis, you consent to such disclosure.
How does Australian Eagle protect personal information?
Australian Eagle takes reasonable steps to protect any personal information that Australian Eagle holds from misuse, interference and loss and from unauthorised access, alteration and disclosure. However, you acknowledge that data protection measures are never completely secure and, despite the measures Australian Eagle has put in place, Australian Eagle cannot guarantee the security of your personal information. You must take care to protect your personal information (for example, by protecting any usernames and passwords). You should notify Australian Eagle as soon as possible if you become aware of any security breaches.
Accessing your personal information held by Australian Eagle
You may access your personal information Australian Eagle holds, subject to legal restrictions or exemptions. Where such restrictions or exemptions exist, Australian Eagle will advise you of those reasons at the time of your request. If you wish to access the personal information Australian Eagle holds about you or request correction of it, you should contact the Privacy Officer using the contact details below.
While Australian Eagle does not charge you a request for accessing your personal information you should be aware that Australian Eagle may charge a reasonable fee, which you will be notified of once you make a request) for time and cost if an extended amount of time is required to collate and prepare material for you.
How can you correct and update your information?
Australian Eagle takes reasonable steps to ensure that the personal information Australian Eagle holds about you is accurate, complete and up-to-date. However, Australian Eagle also relies on you to advise us of any changes to your personal information. If there are any changes to your personal information or if you believe the personal information Australian Eagle holds about you is not accurate, complete or up to date, please contact us using the contact details below as soon as possible.
What to do if you have a complaint?
If you are not satisfied with Australian Eagle’s determination, you can contact Australian Eagle to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.
Officer of the Australian Information Commissioner (OAIC)
Phone: 1300 363 992
GPO Box 5218
SYDNEY NSW 2001
Australian Eagle Asset Management Pty Ltd
60 Carrington Street
SYDNEY NSW 2000
Phone: +61 2 8252 7559