Real Asset Management Pty Ltd (RAM) like other companies operating in Australia, is bound by the Australian Privacy Principles set out in the Privacy Act which impose certain requirements on RAM with respect to handling personal information. RAM has implemented procedures to ensure that personal information is handled in accordance with the Act. RAM has issued this policy in compliance with the Act.
Please read the following policy to understand how RAM 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.
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.
Collection of Information
Collection of Information from You
RAM collects and uses Personal Information for the purpose of carrying out its business and complying with laws and regulations that may require the collection and disclosure of such information.
The personal information RAM may collect include the following:
- e-mail addresses
- telephone numbers
- any other information that you have provided RAM as a result of our dealings with you.
To assist RAM 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 RAM 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. RAM may collect your Australian tax file number (TFN). It is not compulsory to provide your TFN, but if you do not, RAM may deduct withholding tax from your distribution payments at the highest marginal rate. RAM 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 RAM collects your TFN, we will handle your TFN in accordance with the Privacy Act and Guidelines issued by the Commissioner.
RAM 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 RAM 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 Information from Third Parties
With your consent, RAM may collect personal information from a third party or it may collect information from sources you would reasonably expect, for example, information extracted from publicly available sources such as public domain websites or telephone directories.
Collection of Sensitive Information
Collection of Sensitive Information from You
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.
RAM 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).
Use and Disclosure of Personal Information
How we may use and disclose your personal information
RAM 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 RAM to provide a product or service;
- to tell you about other products and services that may be of interest to you;
- 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 RAM and/or to manage any legal action between you and RAM;
- 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 RAM 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, RAM 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
- RAM believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
a. 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;
b. the enforcement of laws relating to the confiscation of the proceeds of crime;
c. the protection of the public revenue;
d. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
e. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.
Disclosing your Personal Information Overseas
RAM may need to disclose your personal information to organisations overseas. These overseas organisations are service providers, including related entities, which perform a range of technology, operational and customer service functions on RAM’s behalf.
These entities are located in Hong Kong.
RAM will not transfer personal information outside Australia unless RAM reasonably believes that the recipient of the information is subject to a law, binding scheme or contract providing the same standards of protection of personal information as provided for under the Australian Privacy Principles.
RAM will take reasonable steps to ensure that your personal information is accurate, complete and current.
RAM will take reasonable steps to destroy or permanently de-identify your personal information, if it is no longer needed for any purpose for which the information may be used or disclosed under the Use and Disclosure section of this policy.
RAM will protect your Personal Information from misuse and loss and from unauthorised access, modification or disclosure.
RAM may store your personal information in hardcopy documents or electronically. RAM maintains physical security, such as locks and security systems, over our paper and electronic data stores and premises. RAM also maintains computer and network security. For example, RAM uses firewalls (security measures for the internet) and other security measures such as identification codes and passwords to control access to computer systems. RAM continually maintains and monitors its online security systems to ensure that RAM’s online services are secure and that your personal information is appropriately protected when you use these services.
We require you to keep any personal identification numbers (PIN), passwords and access codes confidential and secure at all times. This means that you should not disclose your PIN, passwords or access codes to any other person. You should contact RAM immediately if you believe that your PIN, passwords or access codes may have been disclosed to another person or if you would like to change your PIN or password.
Access and Correction
If you wish to verify what information (if any) RAM holds on you and/ or whether that information held is correct, you may either:
- email email@example.com or
- apply in writing to:
Real Asset Management Pty Ltd
Level 31, Australia Square
264 George Street
Sydney NSW 2000
RAM will take reasonable steps to confirm the identity of the person making the request and will endeavour to respond within 14 business days of receiving the request. However, where the request is more complex or time consuming to comply with, RAM will endeavour to provide access to the information requested within 28 business days.
RAM reserves the right to deny access to personal information if providing access:
a. could pose a possible threat to life or health; or
b. could cause an unreasonable impact on the privacy of others; or
c. would be in response to a frivolous or vexatious request; or
d. relates to existing or anticipated legal proceedings which could be prejudiced as a result; or
e. relates to existing or anticipated commercial negotiations involving RAM, and RAM legitimate commercial interests could be prejudiced as a result; or
f. is in any way unlawful; or
g. would be likely to prejudice an investigation of possible unlawful activity; or
h. would circumvent a request to RAM by an enforcement body performing a lawful security function to not provide access to the information because providing access would jeopardise national security; or
i. would likely prejudice:
(i) the prevention, detection, investigation, prosecution of criminal offences, breaches of the law imposing a penalty or sanction or breaches of prescribed law; or
(ii) the enforcement of laws relating to the confiscation of the proceeds of crime; or
(iii) the protection of public revenue; or
(iv) the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
(v) the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body.
Access and Correction (continued)
However, where providing access would reveal evaluative information generated within the company in connection with a commercially sensitive decision-making process, RAM may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.
Where there is disagreement about direct access or where direct access to personal information is impractical or inappropriate, RAM will discuss the possible use of a mutually acceptable intermediary.
If you advise RAM that your personal information held on you is inaccurate, incomplete or not up-to-date, RAM will take reasonable steps to update the information accordingly. Should there be a disagreement between RAM and you about whether the personal information is complete or up-to-date then at your request, RAM will take reasonable steps to associate a statement from you that the information is not correct with the relevant record(s) held by RAM.
RAM reserves the right to levy a reasonable charge to meet the costs of providing access to personal information, although there will be no charge for lodging a request for access.
RAM will provide reason(s) should it deny access to or correction of personal information it holds.
RAM will not use an identifier assigned to an individual by a Government Agency or related body as its own identifier; nor will it provide such an identifier to a third party without the individuals consent, unless:
a. the use or disclosure is necessary for RAM to fulfill its obligations to the Agency or related body; or
b. one or more of Use and Disclosure section numbered items 1-4 (inclusive) apply to the use or disclosure; or
c. the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.
Wherever lawful and practical, RAM will give you the option of not identifying yourself when dealing with the company.
Wherever lawful and practical, RAM will give you the option of not identifying yourself when dealing with company people who may potentially be subject of your complaint or where you may seek to complain about any aspect of RAM’s management of your personal information.
You may either:
- email firstname.lastname@example.org or
- apply in writing to:
Real Asset Management Pty Ltd
Level 31, Australia Square
264 George Street
Sydney NSW 2000
In both instances you must set out full details of the complaint. To help RAM complete a quick and effective investigation, the complainant should include as much detail as they have available to assist the RAM Privacy Officer to identify the nature and scope of the complaint.
The Privacy Officer will maintain a record of all complaints received, including but not limited to:
- name and contact details of the complainant
- date the complaint was received
- nature of the complaint
- details of the person(s) investigating the complaint
- outcome of the investigations
- dates and details of all contacts made with the complainant
These records will be held in a secure manner by the Privacy Officer, and will only be accessible to management of RAM or people in the business to which the complaint relates. Otherwise, they will only be made available, if required or authorised by law or to assist with any investigations carried out by the office of the Federal Privacy Commissioner.
The Privacy Officer or his or her designate will also be responsible for investigating privacy complaints.
All complaints will be acknowledged within seven working days and a full response given within 28 days. Where it is not possible to complete the investigation of a complaint within 28 days, the complainant will be contacted once twenty-eight days have elapsed with an estimate of when the investigation will be completed.
This policy represents RAM’s policy as at 1st December 2017.
RAM may revise this policy as it sees fit or at its discretion.
Although RAM intends to observe this policy at all times, neither RAM nor any of its entities nor its associated companies is legally bound in any respect by this policy. From time to time, RAM reserves the right to act outside the policy and may do so, subject only to any statutory rights you have under the Act or other applicable legislation.