PRIVACY POLICY
This Privacy Policy sets out how CPEC Funds Management Pty Ltd, CPEC Group Holdings Pty Ltd and their related bodies corporate and affiliates (together, CPE Capital) manage your personal information, including how it is collected, held, used and disclosed. Additional privacy disclosures relating to your personal information may also be contained in certain CPE Capital documents, such as our subscription agreements.
CPE Capital respects the privacy of your personal information and is committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) established under the Privacy Act. Please read this Privacy Policy carefully. By providing CPE Capital with personal information (by any means, whether verbal, written or electronic and either directly or through others) or through your use of CPE Capital’s website, you agree to CPE Capital collecting, holding, using and disclosing your personal information in accordance with the terms set out in this Privacy Policy.
Personal information
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.
Other than as outlined in this Privacy Policy, CPE Capital will not disclose your personal information to third parties unless it has your consent or it is authorised or required to do so by law. In addition, CPE Capital does not sell any personal information to a third party nor does it share or disclose your personal information to third parties to be used for a separate or unrelated purpose to the purpose for which the information was collected.
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.
CPE Capital may be required by law to retain your personal information for a set time period. If any such time period has elapsed and if CPE Capital no longer needs your personal information for the purposes set out in this Privacy Policy, we will take reasonable steps to destroy your personal information or to ensure that the information is de-identified.
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
This Privacy Policy also applies to your use of the CPE Capital website and any personal information that you may provide to us via our 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.
The CPE Capital website may contain links to third party websites which do not belong to us and are not covered by this Privacy Policy. CPE Capital is not responsible for the privacy policies and practices of any such third party websites.
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
If you wish to make a complaint about how we have handled your personal information, or if you believe we have breached this Privacy Policy, Australian Privacy Law or the Australian Privacy Principles, you may make a complaint in writing or verbally via the contact details provided below.
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.
Changes to our Privacy Policy
CPE Capital reserves the right to vary this Privacy Policy from time to time. The updated Privacy Policy will be made available here. Alternatively, if you would like to obtain an electronic or hard copy of our Privacy Policy, please let us know.
How to contact us
If you have any questions or concerns about our handling of your personal information or this Privacy Policy, please contact us:
by phone: +61 2 8248 8888
by email: enquiries@cpecapital.com
by post: Compliance Officer
CPE Capital
Level 23 Aurora Place
88 Phillip Street
Sydney NSW 2000