AL Capital Holding Pty Ltd
Privacy Policy

• Your rights in relation to privacy

AL Capital Holding Pty Ltd ACN 613 750 682 (AL Capital) understands the importance of protecting the privacy of an individual’s personal information.  This policy sets out how AL Capital aims to protect the privacy of your personal information, your rights in relation to your personal information managed by AL Capital and the way AL Capital collects, holds, uses and discloses your personal information.

In handling your personal information, AL Capital will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act.

This policy may be updated from time to time.

• What kinds of personal information does AL Capital collect?

Personal information is information or an opinion about an identified, or reasonably identifiable, individual.  During the provision of its products and services, AL Capital may collect your personal information.

Generally, the kinds of personal information AL Capital collects are:

• contact and identification information such as your name, address, telephone number, email address and date of birth;
• information required to meet requirements of various regulatory requirements such as anti-money laundering and counter terrorism financing laws and taxation laws including but not limited to your country of residence, your domestic and foreign residence information, you passport and visa information, details of bank accounts and foreign currency transfers, Australian and foreign tax file information and tax residency information, information relating to employment and relationships with third parties and related party entities and directorship information;
• where you are acting on behalf of another entity (whether as an employee, director, beneficial owner, beneficiary, or other representative), details of that entity and your relationship with it;
• financial information, and credit-related personal information, including:
  • identification information, including copies of relevant identification documents;
  • Tax File Numbers and other financial identification numbers such as account numbers, Holder Identification Numbers, Shareholder Reference Numbers or the like;
  • consumer credit liability information which includes information about your credit providers and credit accounts, including the dates on which the accounts are opened and closed, their limits, and their terms and conditions (or any changes to their terms and conditions);
  • information about the types of credit, and the amounts of credit, you have sought from a credit provider;
  • personal insolvency information and other publicly available information relating to your credit worthiness;
  • any other information lawfully obtainable within the Australian credit reporting system;
• other personal information and sensitive information including health information:
  • where you consent to the collection of such information and if relevant to the provision of our products or services;
  • where you are applying for an employment position with AL Capital and it is relevant to the recruitment process through which you must progress following your application to AL Capital (for example, background checks, including financial background checks, and criminal record information, information about your education and work history, qualifications and skills, and the opinions of others about your work performance); and
  • where you are applying for an employment position with AL Capital, and it is relevant to AL Capital’s assessment of whether you are able to perform the inherent requirements of the particular role.

In some circumstances AL Capital may also hold other personal information provided by you.

• How does AL Capital collect personal information?

Generally, AL Capital collects your personal information directly from you.  For example, AL Capital may collect your personal information through the completion of an application form, manual or online form, an interaction or exchange in person or by way of telephone, video conference, facsimile, email, post or through the use of AL Capital’s website.

There may be occasions when AL Capital collects your personal information from other sources such as from:

• an agent authorised to act on your behalf, including your accountants or lawyers;
• an information services provider;
• a publicly maintained record or other publicly available sources of information including social media and similar websites;
• if for recruitment purposes, an external recruitment or background screening services provider; and
• other sources such as investment managers, financial institutions or brokers authorised to act on your behalf.

Generally, AL Capital will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you or with your authorisation.

• Why does AL Capital need your personal information?

AL Capital collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:

• identification purposes;
• providing and facilitating the provision of its products and services to you or an entity you represent;
• accounting, billing and other internal administrative purposes;
• assessing your application for employment with AL Capital or otherwise for the purpose of engaging you as a contractor or consultant;
• ensuring that AL Capital is compliant with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
• directly related internal management purposes; and
• any other legal requirements.

AL Capital may also use your personal information for purposes related to the above purposes and for which you would reasonably expect AL Capital to do so in the circumstances, or where you have consented or the use is otherwise in accordance with law.

Where personal information is used or disclosed, AL Capital takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to AL Capital.  However, without certain information from you, AL Capital may not be able to provide its products and/or services to you or an entity for which you represent.

• To whom does AL Capital disclose your personal information?

AL Capital discloses your personal information for the purpose for which AL Capital collects it.  That is, generally, AL Capital will only disclose your personal information for a purpose set out at paragraph 4 above.  This may include disclosing your personal information to:

• third parties engaged to perform administrative or other business management functions, including payroll;
• people or entities considering acquiring an interest in AL Capital’s enterprise or assets;
• AL Capital’s professional advisors, business partners, contractors, suppliers, consultants and related bodies corporate;
• insurers and insurance providers;
• investment managers and investment administrators with whom you are, or potentially will be, investing assets;
• financial institutions, including in relation to an application for credit made by you, or made on behalf of an entity you represent;
• debt collection and recovery service providers; and
• regulatory bodies, including but limited to, AUSTRAC in relation to suspicious matters which AL Capital are obliged to report under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) as well as the ATO to report on CRS and FATCA requirements as well as reporting on distributions and tax withholding arrangements.

AL Capital’s disclosures of your personal information to third parties are on a confidential basis or otherwise in accordance with law.  AL Capital may also disclose your personal information with your consent or if disclosure is required or authorised by law.

• Overseas disclosure

AL Capital may disclose personal information to overseas recipients in order to provide its services and/or products and for administrative, regulatory or other business management purposes.

Overseas recipients may have different privacy and data protection standards.  However, before disclosing any personal information to an overseas recipient, AL Capital takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.

If you have any queries or objections to such disclosures, please contact AL Capital’s Privacy Compliance Officer on the details set out in paragraph 11 below.

• Direct marketing

AL Capital may use and disclose your personal information in order to inform you of products and services that may be of interest to you.  In the event you do not wish to receive such communications, you can opt-out by contacting AL Capital via the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication to you.

• Security of your personal information

AL Capital takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure.  AL Capital holds personal information in electronic forms in secure databases on secure premises, accessible only by authorised staff.

Where appropriate, a third party service provider may hold your personal information, and in those circumstances, a strict confidentiality agreement will be entered into.

AL Capital, or any third party service provider, will destroy or de-identify personal information in circumstances where it is no longer required, unless AL Capital is otherwise required or authorised by law to retain the information.

• Can you access and correct the personal information that AL Capital holds about you?

AL Capital takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading.  You may access and seek correction of your personal information that is collected and held by AL Capital.

If at any time you would like to access or correct the personal information that AL Capital holds about you, or you would like more information on AL Capital’s approach to privacy, please contact AL Capital Operations on the details set out in paragraph 11 below.  AL Capital will grant access to the extent required and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.

To obtain access to your personal information:

• you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
• AL Capital requests that you be reasonably specific about the information you require; and
• AL Capital may charge you a reasonable administration fee, which reflects the cost to AL Capital, for providing access in accordance with your request.

AL Capital will endeavour to respond to your request to access or correct your personal information within 30 days from your request.  If AL Capital refuses your request to access or correct your personal information, AL Capital will provide you with written reasons for the refusal and details of complaint mechanisms available.  AL Capital will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of AL Capital.

• Cookies

When accessing AL Capital’s website, AL Capital uses ‘cookies’ to store a log file which is retained for technical and statistical purposes only.  The information collected is not personal information and, to the extent any personal information is collected, it is de-identified prior to being analysed for the technical and statistical purposes.  Cookies are a feature of your Internet browser that you can disable at any time.  However, if a browser does not accept cookies or if you reject a cookie, some portions of AL Capital’s online services may not function properly.

• How to contact us

For access to your personal information, or for further information on AL Capital’s approach to privacy please contact AL Capital Operations via email to contact@alcapital.com.

For enquiries regarding your personal information, please contact AL Capital’s Privacy Compliance Officer via email to contact@alcapital.com.

• Privacy complaints

Please direct all privacy complaints to AL Capital’s Privacy Compliance Officer.  At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or affect the commercial arrangements between you and AL Capital.

AL Capital’s Privacy Compliance Officer will commence an investigation into your complaint.  You will be informed of the outcome of your complaint following the completion of the investigation.  In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.