Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not.
What types of personal information do we collect?
The types of personal information CPE Capital may collect, hold, use and disclose will depend on the nature of your relationship with us, but may include:
- For investors and their beneficial owners/controlling persons/close associates: (i) your name, personal and business contact details, date of birth, gender, nationality; (ii) identification information, such as driver’s licence, passport, tax identification, ABN or social security numbers and other similar information; (iii) personal financial and banking information; (iv) advisor details;
- For advisors and other service providers: name, address, personal and business contact details; and
- For employment applicants (for both CPE Capital and portfolio companies): name, address, personal and business contact details, nationality and country of birth, information provided on your CV, such as professional qualifications, memberships, work experience and education, and any other information that you may provide when seeking employment with us.
How we collect personal information
CPE Capital may collect personal information in a number of ways, including:
- directly from you;
- from third parties, such as your authorised advisors, agents or attorneys;
- from publicly available sources; and
- by analysing our records of your use of CPE Capital’s services and website.
Why do we collect and how do we use your personal information?
CPE Capital collects personal information in the ordinary course of our business. CPE Capital will only collect personal information which is necessary to enable us to carry out our commercial activities and operations, meet legal requirements, and to provide you with services, products and information that you request.
CPE Capital may use your personal information for:
- administrative purposes and to verify your identity;
- managing our relationship with you, including communicating with you;
- managing your investment and all transactions relating to your investment;
- facilitating the provision, or marketing, of our products and services to you;
- improving the quality and scope of the services CPE Capital provides;
- ensuring compliance with all applicable regulatory, tax or legal requirements, including the requirements of regulatory bodies relating to applicable anti-money laundering and counter-terrorism laws and regulations;
- assessing and managing your application for recruitment;
- anything related to the purposes described above which would be reasonably expected by you; or
- taking any action we are required or authorised by law to take.
CPE Capital will not use your personal information for purposes other than those described above unless you have consented to it.
Consequences if personal information is not provided or updated
If you do not provide requested personal information, or if that personal information is incomplete or inaccurate, it may:
- contravene taxation, anti-money laundering, financial services licensing legislation or other applicable laws;
- prevent CPE Capital from accepting your investment; and/or
- prevent CPE Capital from being able to contact you.
Disclosure of your personal information to others
CPE Capital may disclose your personal information to:
- CPE Capital’s related bodies corporate and other affiliates;
- to our service providers who provide CPE Capital with professional, financial, legal, business, technology and corporate services, as necessary to administer our funds and enforce our rights and obligations;
- our banking institutions (for payment processing);
- your authorised agents, advisers or attorneys;
- any entity to whom we are required or authorised to make disclosure by law, including courts, foreign and domestic governmental agencies and regulators, such as the Australian Taxation Office, the Foreign Investment Review Board and AUSTRAC; and
- other entities in accordance with your express or implied consent.
Storage and security
CPE Capital will take all reasonable steps to protect your personal information from misuse, interference, loss, unauthorised access, modification or inappropriate disclosure.
CPE Capital maintains physical, electronic and procedural safeguards designed to keep your personal information secure.
We may store your personal information in a variety of formats, including in hardcopy and electronic form.
Sending information outside of Australia
CPE Capital currently stores your personal information on servers kept in Australia.
However, CPE Capital may be required to disclose your personal information overseas for the purposes of complying with FATCA, CRS or other tax, anti-money laundering, counter-terrorism or regulatory requirements.
For CPE Capital investors investing through an offshore entity, CPE Capital may also be required to disclose your personal information with the offshore entity, its professional service providers and foreign governments. If this is applicable to you, further information may be provided at the time of your subscription to our funds.
Other than where required by law, CPE Capital will only disclose your personal information to overseas recipients with your consent.
Where we disclose your personal information overseas, we will take reasonable steps to ensure that any overseas third parties have processes in place to protect personal information from unauthorised use and disclosure and do not breach the Australian Privacy Principles in relation to your information.
However, these third parties may not be subject to the Privacy Act or the APPs (or equivalent laws). By providing CPE Capital with personal information, you consent to the disclosure and transfer of your personal information to these overseas recipients. If you wish to withdraw your consent to any future disclosures of your personal information to these overseas recipients, please contact us using the details below.
Accuracy of personal information
It is important that the information CPE Capital holds about you is accurate, current and complete. CPE Capital will take all reasonable steps to ensure that the personal information we collect, hold, use and disclose is accurate, up-to-date, complete, relevant and not misleading.
We update personal information when we are advised of changes by individuals or when we become aware through other means. If you believe the information we hold about you may not be accurate, current or complete, please advise us. In addition, we may also contact you from time to time to request new or updated personal information, to ensure that we are able to meet our legal, tax and regulatory obligations.
Access to and correction of personal information
You can request access to the personal information CPE Capital holds about you by contacting us on our contact details below. You may also request us to update or correct your personal information if you do not believe that the personal information we hold about you is accurate, current or correct.
We will respond to any request to access or update your personal information within a reasonable period after the request is made. We may need to verify your identity before responding to any request. Where it is reasonable and practicable to do so, CPE Capital will provide access to the personal information in the manner requested by you.
If CPE Capital is unable to provide you with access to, or amend, your personal information as requested, we will notify you and provide a written explanation for our decision. If CPE Capital is unable to correct your personal information, you may request that we associate a statement with the information that the information is inaccurate, out of date, incomplete, irrelevant or misleading.
CPE Capital’s website
When you visit the CPE Capital website, certain information, such as general site visit information, may be passively collected by CPE Capital and/or our contractors. This information is not combined with personal information you provide to CPE Capital elsewhere unless you have consented to it.
Anonymity and pseudonymity
If practical, you can contact us anonymously or by using a pseudonym. However, given the nature of our business, if you choose not to identify yourself, we may be unable to provide you with the information, services or assistance you seek.
Lodging a complaint
We will acknowledge receipt of your complaint as soon as possible and will respond to the issues raised within a reasonable time frame (usually no longer than 30 days).
If you are unsatisfied with our response, you may lodge a formal complaint with the Office of the Australian Information Commissioner using one of the methods available on their website at https://www.oaic.gov.au/about-us/contact-us.
How to contact us
by phone: +61 2 8248 8888
by email: firstname.lastname@example.org
by post: Compliance Officer
Level 23 Aurora Place
88 Phillip Street
Sydney NSW 2000