Unless stated otherwise, the “Yarra Capital Management Group” comprises Yarra Capital Management Holdings Pty Ltd, Yarra Funds Management Limited, Yarra Capital Management Services Pty Ltd and/or any of their related bodies corporate.
Yarra Capital Management places the utmost importance on the confidentiality and privacy of your information in providing its services to clients. In the collection, use and handling of your personal information, the Yarra Capital Management Group complies with the Australian Privacy Principles as required under the Privacy Act 1988 (Cth).
What personal information we collect about you
Where possible, we will collect your personal information from you directly. There may, however, be circumstances where it may be necessary to collect your personal information from third parties. Examples of this include (but are not limited to):
for payment purposes at your direction;
to verify your identity and for customer due diligence purposes;
for the prevention and detection of money laundering and terrorism financing, fraud, or other illegal activities;
background checking and verification in connection with recruitment;
where we are required or authorised by law to do so;
for the purposes of providing you with products, services or information in accordance with your requests or reasonable expectations; or
where you have consented to it.
Use and disclosure of your personal information
How we use your personal information will vary depending on the reasons why we have collected your information, the services and products you have applied for or use, and the relationship you have with the Yarra Capital Management Group. By providing your personal information to us, you consent to our use of your personal information for any purpose which is related to the purpose for which such information has been collected by the Yarra Capital Management Group.
From time to time, your personal information may be disclosed to third parties for purposes related to the purposes for which your personal information was collected, with your consent or as authorised or required by law. We may disclose your personal information to the following third parties (outside of the Yarra Capital Management Group):
your financial adviser, margin lending facility provider, other financial services provider providing services to you, your custodian or investment manager where applicable;
any third party service providers carrying out functions for or on behalf of one or more of the entities within the Yarra Capital Management Group;
any person acting on your behalf including your solicitor, accountant, executor, administrator, trustee or guardian;
government agencies, courts of law, tribunals or regulators; and/or
any other third party with your consent or where authorised or required by law.
Depending on the services or products you have subscribed for, or our relationship with you, we may use and disclose your personal information for the purposes of:
providing you with products, services or information in accordance with your requests or reasonable expectations;
administering any accounts that you hold with any of the Yarra Capital Management entities;
determining whether the Yarra Capital Management Group may or may not have other services or products which may foreseeably meet your needs or may be of interest to you, and to notify you about these;
informing you of our services or products (except where you have requested that you are not contacted with any marketing communications in relation to any products or services which we feel may be of interest to you;
identity verification and customer due diligence purposes;
the prevention and detection of money laundering and terrorism financing, or any other illegal activities;
determining whether you have any history of defaulting on payment or delivery of securities;
background checking and verification in connection with recruitment;
compliance with applicable laws;
any other purpose to which you have consented; or
disclosure where required or authorised by law.
If you do not consent to the collection or use of some or all of your personal information
If you do not consent to the collection or use of some or all of your information, or if the information we have requested from you is inaccurate or incomplete, the Yarra Capital Management Group may not be able to process your application or provide you with any of the requested products or services. Where such failure to provide personal information constitutes suspicious activity under applicable law, we may be required to report such failure to the relevant authorities without informing you.
Transferring your information outside Australia and cloud computing
The global nature of markets and financial services means that in the provision of products and services to you, the Yarra Capital Management Group may need to disclose your information disclosed to third party service providers carrying out functions on behalf of the Yarra Capital Management Group.
By providing us with your personal information, you acknowledge that such parties above may be located outside of Australia (as relevant to you), including in the United States of America, the United Kingdom, Malaysia, Luxembourg and any other countries in which our appointed investment administrator and unit registry administrator have offices).
From time to time, the Yarra Capital Management Group or its third party service providers may store your information in cloud or other types of networked systems. Information stored in cloud or network-based systems can be accessed from and transferred between, various countries over the internet, and as such, it is not always practicable to know in which country your information may be held. Countries in which my/our information may be held will have privacy and data protection laws that may differ from those of Australia and overseas organisations may be required to disclose information that the Yarra Capital Management Group has shared with them, under foreign laws – in such circumstances, you may not hold the Yarra Capital Management Group liable for such disclosure.
If we disclose your personal information outside Australia, we comply with transborder data ﬂow privacy standards under the Privacy Act, for example, by taking reasonable steps to:
ensure that the recipient does not breach the Australian Privacy Principles;
protect the information being held, used or disclosed by the recipient; and
ensure that the recipient is subject to substantially similar privacy laws as Australia (or where that recipient is not – that you have consented to such disclosure).
Employee record exemption
Security of your personal information
The Yarra Capital Management Group takes reasonable steps to preserve the security of personal information it collects. Personal information of clients, applicants and any other individuals are held in a secure environment in writing, electronically, or both. We have implemented security procedures, controls and protocols across all of our physical premises and electronic environments to ensure that personal information is protected from interference, loss, misuse, unauthorized access, modification, or disclosure. All stored client information is protected from unauthorised access through the use of secure passwords and user log ons or other security procedures.
Access and updating of information
The Yarra Capital Management Group takes reasonable steps to make sure that the personal information which we collect, use and disclose is accurate, complete and up-to-date.
You are able to make a request to access and update the personal information that we hold about you. Please provide us with as much detail as possible to assist us to retrieve the personal information which you have requested. In accordance with privacy laws, a reasonable fee may be charged to cover our costs of providing access to you. To access or amend personal information that the Yarra Capital Management Group holds you should write to:
Privacy Officer Yarra Capital Management
Level 19, 101 Collins Street
Melbourne VIC 3000
The Privacy Officer will respond to your request within a reasonable period after your request is made and, if it is reasonable and practicable to do so, provide you with access to your personal information in the manner you requested.
Please be aware, in certain circumstances, we may not be required to provide you with access to, or the ability to correct, your personal information. If such a decision is made, we will provide you with a written notice setting out our reasons and other available options for you.
How you can contact us
If you have any questions or feedback about this statement or any complaints about our collection, storage or handling of your personal information, please contact the Privacy Officer in writing at any time by using the contact details set out above.
We will respond to your complaint by no later than 45 days after receipt. If you are not satisfied with our response to your complaint or your concerns are not satisfactorily resolved, you may contact the Office of the Australian Information Commissioner via their website, www.oaic.gov.au, on 1300 363 992 or by email at email@example.com.
Use of the Yarra Capital Management website
For each visitor to reach our website, we collect certain non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the website, page access times and referring website address. The information collected is used internally by the Yarra Capital Management Group and solely for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this site.