SECTION B – Consideration of personal information privacy

4.          PRIVACY STATEMENT

4.1       Caledonia’s Compliance Officer ensures that at all times the provisions of this Policy are implemented in the day to day running of Caledonia.

4.2       The Compliance Officer or his designee ensures that at all times this Policy:

(a)        is current and reflects the latest applicable Australian laws; and 

(b)        contains the following information:

(i)          the kinds of personal information that Caledonia collects and holds;

(ii)        how Caledonia collects and holds personal information;

(iii)       the purposes for which Caledonia collects, holds, uses and discloses personal information;

(iv)       how an individual may complain about a breach of the Australian Privacy Principles, or other relevant legislation that binds Caledonia, and how Caledonia deals with such a complaint;

(v)        whether Caledonia is likely to disclose personal information to overseas recipients; and

(vi)       if Caledonia is likely to disclose personal information to overseas recipients, the countries in which such recipients are likely to be located if it is practicable to specify those countries in this policy.

4.3       Caledonia ensures that the Caledonia Privacy Statement is available free of charge and in such form as appropriate. Caledonia makes the Privacy Statement available on its website.

4.4       If the Privacy Statement is requested in a particular form, Caledonia will take such steps as are reasonable to provide the Privacy Statement in the form requested. 

SECTION C – COLLECTION OF PERSONAL INFORMATION (Solicited personal information)

5.          PERSONAL INFORMATION (OTHER THAN SENSITIVE INFORMATION)

5.1       This Section C applies to the collection of personal information that is solicited by Caledonia.

5.2       Caledonia does not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of Caledonia’s functions or activities. 

5.3       Caledonia’s functions or activities include:

(a)        providing general financial product advice to clients; and

(b)        acting as investment manager for clients / its own managed investment scheme.

6.          SENSITIVE INFORMATION

6.1       Caledonia does not collect sensitive information about an individual unless: 

(a)        the individual consents to the collection of the information and the information is reasonably necessary for one or more of Caledonia’s functions or activities (as described in section 5.3); or

(b)        the collection of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or 

(c)        a permitted general situation exists in relation to the collection of the information by Caledonia; or 

(d)        a permitted health situation exists in relation to the collection of the information by Caledonia.

7.          MEANS OF COLLECTION

7.1       Caledonia only collects personal information by lawful and fair means.

7.2       Caledonia only collects personal information about an individual from the individual (rather than someone else), unless it is unreasonable or impracticable to do so or the individual has instructed Caledonia to liaise with someone else.

7.3       Caledonia collects personal information from an individual when:

(a)        Caledonia’s Application Form is completed;

(b)        a Client provides the information to Caledonia’s representatives over the telephone or via email;

(c)        a Client provides the information to Caledonia on the website;

(d)        a Client provides the information to Caledonia’s Administrator who administers the Fund in which the Client invests

8.          INFORMATION COLLECTED BY CALEDONIA

8.1       The information Caledonia collects may include the following:

(a)        name; 

(b)        date of birth; 

(c)        postal or email address; or

(d)        phone numbers;

(e)        other information Caledonia considers necessary to their functions and activities.

9.          PURPOSE OF COLLECTION

9.1       If an individual is acquiring or has acquired a product or service from Caledonia, the individual’s personal information will be collected and held for the purposes of:

(a)        checking whether an individual is eligible for Caledonia’s products or services;

(b)        providing the individual with Caledonia’s products or services;

(c)        managing and administering Caledonia’s products or services;

(d)        protecting against fraud, crime or other activity which may cause harm in relation to Caledonia’s products or services;

(e)        complying with legislative and regulatory requirements in any jurisdiction;

(f)         to assist Caledonia in the running of its business; 

9.2       Caledonia may also collect personal information for the purposes of letting an individual know about products or services that might better serve their needs or other opportunities in which they may be interested. Please refer to Section G for further information. 

SECTION D – COLLECTION OF PERSONAL INFORMATION (UNSolicited personal information)

10.       DEALING WITH UNSOLICITED PERSONAL INFORMATION

10.1    If Caledonia:

(a)        receives personal information about an individual; and 

(b)        the information is not solicited by Caledonia 

Caledonia must, within a reasonable period after receiving the information, determine whether or not it was permitted to collect the information under Section C above. 

10.2    Caledonia may use or disclose the personal information for the purposes of making the determination under paragraph 10.1. 

10.3    If Caledonia: 

(a)        determines that it could not have collected the personal information; and 

(b)        the information is not contained in a Commonwealth record, 

Caledonia must as soon as practicable, destroy the information or ensure that the information is de-identified, only if it is lawful and reasonable to do so. 

SECTION E – notification of the collection of personal information

11.       NOTIFICATION OF COLLECTION

11.1    This section 11 applies to: 

(a)        solicited information; and 

(b)        unsolicited information to which section 10 does not apply. 

11.2    Caledonia must notify the individual of the following matters in the Privacy Statement:

(a)        Caledonia’s identity and contact details; 

(b)        if Caledonia collects the personal information from a third party or the individual is not aware that Caledonia has collected the personal information, the fact that Caledonia so collects, or has collected the information and the circumstances of that collection; 

(c)        if the collection of the personal information is required or authorised by or under an Australian law or a Court/Tribunal order, the fact that the collection is so required or authorised (including the details of the law or court); 

(d)        the purposes for which Caledonia collects the personal information; 

(e)        the main consequences (if any) for the individual if the information is not collected by Caledonia; 

(f)         any other entities to which Caledonia usually discloses personal information of the kind collected by Caledonia; 

(g)        that Caledonia’s Privacy Statement and this Privacy Policy contains information about how the individual may access the personal information about the individual that is held by Caledonia and seek correction of such information; 

(h)        that Caledonia’s Privacy Statement contains information about how the individual may complain about a breach of the Australian Privacy Principles and how Caledonia will deal with such a complaint; 

(i)          whether Caledonia discloses the personal information to overseas recipients; and 

(j)          if Caledonia discloses the personal information to overseas recipients – the countries in which such recipients are located if it is practicable to specify those countries in the notification or to otherwise make the individual aware of them.

SECTION F – use or disclosure of personal information

12.       USE OR DISCLOSURE

12.1    Where Caledonia holds personal information about an individual that was collected for a particular purpose (“the primary purpose”), Caledonia must not use or disclose the information for another purpose (“the secondary purpose”) unless: 

(a)        the individual has consented to the use or disclosure of the information; or 

(b)        the individual would reasonably expect Caledonia to use or disclose the information for the secondary purpose and the secondary purpose is: 

(i)          directly related to the primary purpose (if the information is sensitive information); or

(ii)        related to the primary purpose (if the information is not sensitive information);

(c)        the use or disclosure of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or 

(d)        a permitted general situation exists in relation to the use or disclosure of the information by Caledonia; or 

(e)        Caledonia reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.

12.2    Where Caledonia uses or discloses personal information in accordance with section 12.1(e), Caledonia keeps a copy of this disclosure (e.g.: the email or letter used to do so). 

12.3    This section 12 does not apply to: 

(a)        personal information for the purposes of direct marketing; or 

(b)        government related identifiers. 

12.4    If Caledonia collects personal information from a related body corporate, this section 12 applies as if Caledonia’s primary purpose for the collection was the primary purpose for which the related body corporate collected the information.

13.       WHO DOES CALEDONIA DISLCOSE PERSONAL INFORMATION TO?

13.1    Caledonia may disclose personal information collected from clients and prospective clients to the following:

(a)        organisations involved in providing, managing or administering Caledonia’s product or service such as third-party suppliers, e.g. printers, posting services, and our advisers;

(b)        organisations involved in maintaining, reviewing and developing Caledonia’s business systems, procedures and infrastructure, including testing or upgrading Caledonia’s computer systems;

(c)        organisations involved in a corporate re-organisation;

(d)        organisations involved in the payments system, including financial institutions, merchants and payment organisations;

(e)        organisations involved in product planning and development;

(f)         other organisations, who jointly with Caledonia’s, provide its products or services;

(g)        authorised representatives who provide Caledonia’s products or services on its behalf; 

(h)        the individual’s representatives, including legal advisers;

(i)          debt collectors;

(j)          Caledonia’s financial advisers, legal advisers or auditors; 

(k)        fraud bureaus or other organisations to identify, investigate or prevent fraud or other misconduct;

(l)          external dispute resolution schemes; or

(m)      regulatory bodies, government agencies and law enforcement bodies in any jurisdiction.

SECTION G – Direct marketing

14.       DIRECT MARKETING

14.1    Caledonia must not use or disclose the personal information it holds about an individual for the purpose of direct marketing.

15.       EXCEPTION – PERSONAL INFORMATION OTHER THAN SENSITIVE INFORMATION

15.1    Caledonia may use or disclose personal information (other than sensitive information) about an individual for the purposes of direct marketing if:

(a)        Caledonia collected the information from the individual; and the individual would reasonably expect Caledonia to use or disclose the information for that purpose; or 

(b)        Caledonia has collected the information from a third party; and either: 

(i)          Caledonia has obtained the individual’s consent to the use or disclose the information for the purpose of direct marketing; or

(ii)        it is impracticable for Caledonia to obtain the individual’s consent; and

(c)        Caledonia provides a simple way for the individual to opt out of receiving direct marketing communications from Caledonia;

(d)        in each direct marketing communication with the individual Caledonia:

(i)          includes a prominent statement that the individual may opt out of receiving direct marketing; or

(ii)        directs the individual’s attention to the fact that the individual may opt out of receiving direct marketing; and

(e)        the individual has not made a request to opt out of receiving direct marketing. 

16.       EXCEPTION – SENSITIVE INFORMATION

16.1    Caledonia may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.  

17.       REQUESTS TO STOP DIRECT MARKETING

17.1    Where Caledonia uses or discloses personal information about an individual for the purposes of direct marketing by Caledonia or facilitating direct marketing by another organisation, the individual may request:

(a)        that Caledonia no longer provide them with direct marketing communications;

(b)        that Caledonia does not use or disclose the individual’s personal information for the purpose of facilitating direct marketing by another organisation;

(c)        that Caledonia provides the source of the personal information.

17.2    Where Caledonia receives a request from an individual under section 17.1, Caledonia:

(a)        gives effect to the request under section 17.1(a) or 17.1(b) within a reasonable period after the request is made and free of charge; and 

(b)        notifies the individual of the source of the information, if the individual requests it, unless it is impracticable or unreasonable to do so.

17.3    This Section G does not apply to the extent that the following laws apply:

(a)        the Do Not Call Register Act 2006;

(b)        the Spam Act 2003; or

(c)        any other Act of the Commonwealth of Australia.

SECTION H – Cross border disclosure of personal information

18.       DISCLOSING PERSONAL INFORMATION TO CROSS BORDER RECIPIENTS

18.1    Where Caledonia discloses personal information about an individual to a recipient who is not in Australia and who is not Caledonia or the individual, Caledonia must ensure that the overseas recipient does not breach the Australian Privacy Principles (with the exception of APP1).

18.2    The countries we may disclose an individual’s personal information to include:

(a)        Australia

(b)        United States of America

(c)        Cayman Islands 

18.3    Section 18.1 does not apply where:

(a)        Caledonia reasonably believes that: 

(i)          information is subject to a law or binding scheme that has the effect of protecting the information in a way that is at least substantially similar to the way in which the Australian Privacy Principles protect the information; and

(ii)        there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or  

(b)        both of the following apply:

(i)          Caledonia has informed the individual that if they consent to the disclosure of information Caledonia will take reasonable steps to ensure the overseas recipient does not breach the Australian Privacy Principles; and

(ii)        after being so informed, the individual consents to disclosure;

(c)        the disclosure of the information is required or authorised by or under an Australian law or a Court/Tribunal order; or 

(d)        a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act) exists in relation to the disclosure of the information by Caledonia. 

SECTION I – Adoption, use or disclosure of government identifiers

19.       ADOPTION OF GOVERNMENT RELATED IDENTIFIERS

19.1    Caledonia must not adopt a government related identifier of an individual as its own identifier unless: 

(a)        Caledonia is required or authorised by or under an Australian law or a Court/Tribunal order to do so; or 

(b)        the identifier, Caledonia and the circumstances of the adoption are prescribed by regulations.

20.       USE OR DISCLOSURE OF GOVERNMENT RELATED IDENTIFIERS

20.1    Before using or disclosing a government related identifier of an individual, Caledonia must ensure that such use or disclosure is: 

(a)        reasonably necessary for Caledonia to verify the identity of the individual for the purposes of the organisation’s activities or functions; or 

(b)        reasonably necessary for the organisation to fulfil its obligations to an agency or a State or Territory authority; or 

(c)        required or authorised by or under an Australian law or a Court/Tribunal order; or 

(d)        within a permitted general situation (other than the situation referred to in item 4 or 5 of the table in subsection 16A(1) of the Privacy Act; or 

(e)        reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or

(f)         the identifier, Caledonia and the circumstances of the adoption are prescribed by regulations.

SECTION J – integrity of personal information

21.       QUALITY OF PERSONAL INFORMATION

21.1    Caledonia ensures that the personal information it collects and the personal information it uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up to date, complete and relevant.

22.       SECURITY OF PERSONAL INFORMATION

22.1    Caledonia ensures that it protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure. 

22.2    Caledonia takes reasonable steps to destroy or de-identify any personal information it holds where: 

(a)        Caledonia no longer needs the personal information for any purpose for which the information may be used or disclosed by Caledonia;

(b)        the information is not contained in a Commonwealth record; 

(c)        Caledonia is not required to retain that information under an Australian law, or a Court/Tribunal order.

23.       STORAGE OF PERSONAL INFORMATION

23.1    Caledonia stores personal information in different ways, including:

(a)        hard copy on site at Caledonia’s head office;

(b)        electronically secure data centres which are located in Australia or the United States of America and owned by either Caledonia or external service providers;

(c)        at Caledonia’s Administrator of the Funds, who is based in the United States of America and the Cayman Islands.

23.2    In order to ensure Caledonia protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure, Caledonia implements the following procedure/system:

(a)        access to information systems is controlled through identity and access management;

(b)        employees are bound by internal information securities policies and are required to keep information secure;

(c)        all employees are required to complete training about information security;

(d)        Caledonia regularly monitors and reviews its compliance with internal policies and industry best practice; and

(e)        Caledonia regularly monitors and reviews the Administrator’s compliance with their internal policies and industry best practice, which Caledonia has confirmed is in line with its internal policies.

SECTION K – Access to, and correction of, personal information

24.       ACCESS

24.1    Caledonia must give an individual access to the personal information it holds about the individual if so requested by the individual.

24.2    Caledonia must respond to any request for access to personal information within a reasonable period after the request is made.

24.3    Caledonia must give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so and must take such steps as are reasonable in the circumstances to give access in a way that meets the needs of Caledonia and the individual. 

24.4    Caledonia must not charge an individual for making a request and does not impose excessive charges for the individual to access their personal information. 

25.       EXCEPTIONS

25.1    Caledonia is not required to give an individual access to their personal information if:

(a)        Caledonia reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or 

(b)        giving access would have an unreasonable impact on the privacy of other individuals; or 

(c)        the request for access if frivolous or vexatious; or 

(d)        the information relates to existing or anticipated legal proceedings between Caledonia and the individual, and would not be accessible by the process of discovery in those proceedings; or 

(e)        giving access would reveal intentions of Caledonia in relation to negotiations with the individual in such a way as to prejudice those negotiations; or 

(f)         giving access would be unlawful; or 

(g)        denying access is required or authorised by or under an Australian law or a Court/Tribunal order; or 

(h)        Caledonia has reason to believe that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or

(i)          giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or 

(j)          giving access would reveal evaluative information generated within Caledonia in connection with a commercially sensitive decision-making process.

26.       REFUSAL TO GIVE ACCESS

26.1    If Caledonia refuses to give access in accordance with section 24 or to give access in the manner requested by the individual, Caledonia will give the individual a written notice that sets out:

(a)        the reasons for the refusal except to the extent that, having regard to the grounds for the refusal, it would be unreasonable to do so; and 

(b)        the mechanisms available to complain about the refusal; and 

(c)        any other matter prescribed by the regulations.

26.2    Where Caledonia refuses to give access under section 25.1(j) Caledonia may include an explanation of the commercially sensitive decision in its written notice of the reasons for denial.

SECTION L – Correction of personal information

27.       CORRECTION OF INFORMATION

27.1    Caledonia must take reasonable steps to correct all personal information, having regard to the purpose for which the information is held where: 

(a)        Caledonia is satisfied the information is inaccurate, out of date, incomplete, irrelevant or misleading; or 

(b)        the individual requests Caledonia corrects the information.  

27.2    Where Caledonia corrects personal information about an individual that Caledonia previously disclosed to another APP entity and the individual requests Caledonia to notify the other APP entity of the correction, Caledonia must take reasonable steps to give that notification, unless it is impracticable or unlawful to do so. 

28.       REFUSAL TO CORRECT INFORMATION

28.1    If Caledonia refuses to correct personal information as requested by the individual, Caledonia will give the individual a written notice that sets out: 

(a)        the reasons for the refusal except to the extent that it would be unreasonable to do so; and 

(b)        the mechanisms available to complain about the refusal; and 

(c)        any other matter prescribed by the regulations. 

29.       REQUEST FROM A CLIENT TO ASSOCIATE A STATEMENT WITH THEIR INFORMATION

29.1    If:

(a)        Caledonia refuses to correct personal information as requested by the individual; and 

(b)        the individual requests that Caledonia associate a statement noting that the information is inaccurate, out of date, incomplete, irrelevant or misleading, with the individual’s information,

Caledonia must take such steps as are reasonable in the circumstances to associate the statement (as described in section 29.1(b)) with the individual’s personal information. The statement is associated with the information in such a way that will make the statement apparent to users of the information. 

30.       DEALING WITH REQUESTS

30.1    Caledonia: 

(a)        responds to requests under this Section L within a reasonable period after the request is made; and 

(b)        does not charge the individual for the making of the request, for correcting the personal information or for associating the statement with the personal information. 

SECTION M – MAKING A PRIVACY COMPLAINT

31.       COMPLAINTS

31.1    Caledonia offers a free internal complaint resolution scheme to all customers. Should a client have a privacy complaint, they are to contact Caledonia to discuss their concerns using the following contact details:

(a)        Email: compliance@caledonia.com.au

(b)        Phone: +61 2 9255 7600

(c)        Post: Level 10, 131 Macquarie Street, Sydney NSW 2000

31.2    To assist Caledonia in helping customers, Caledonia asks customers to follow a simple three-step process:

(a)        gather all supporting documents relating to the complaint;

(b)        contact Caledonia to review your situation and if possible, resolve your complaint immediately; and

(c)        if the matter is not resolved to the customer’s satisfaction, customers are encouraged to contact Caledonia’s Complaints Officer on +61 2 9255 7600 or put their complaint in writing and send it to Level 10, 131 Macquarie Street, Sydney NSW 2000.

31.3    Caledonia will rectify any breach if the complaint is justified and takes necessary steps to resolve the issue.

31.4    In certain situations, to deal with a complaint it may be necessary to consult with third parties. However, any disclosure of Personal Information to third parties will be provided with the customer’s authority and consent.

31.5    After a complaint has been received, Caledonia sends the customer a written notice of acknowledgement setting out the process. The complaint is investigated, and the decision sent to the customer within thirty (30) days unless the customer has agreed to a longer time. If a complaint cannot be resolved within the agreed time frame or a decision could not be made within thirty (30) days of receipt, a notification will be sent to the customer setting out the reasons and specifying a new date when the customer can expect a decision or resolution.

31.6    If the customer is not satisfied with Caledonia’s internal privacy practices or the outcome in respect to complaint, the customer may approach the OAIC with their complaint:

Office of the Australian Information Commissioner

Address: GPO Box 5218, Sydney NSW 2001

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

Website: oaic.gov.au

SECTION N – MISCELLANEOUS

32.       NOTIFIABLE DATA BREACHES SCHEME

32.1    Under the Privacy Amendment (Notifiable Data Breaches) Act 2017  (“Privacy Amendment Act”) Caledonia is required to notify the Office of the Australian Information Commissioner (“OAIC”) in relation to all eligible data breaches.

32.2    Caledonia notifies the OAIC by lodging a Notifiable Data Breach Form soon as practicable. The Notifiable Data Breach Form is available at the following link: https://forms.business.gov.au/smartforms/landing.htm?formCode=OAIC-NDB . 

32.3    Under the Privacy Amendment Act, Caledonia also promptly informs clients whose personal information has been compromised by the eligible data breach that a breach of their personal information has occurred. 

32.4    Caledonia has also developed an Incident Response Plan in accordance with the OAIC’s guidelines to ensure the timely notification of all clients affected by any eligible data breach. 

33.       POLICY BREACHES

33.1    Breaches of this Policy may lead to disciplinary action being taken against the relevant party, including dismissal in serious cases and may also result in prosecution under the law where that act is illegal. This may include re-assessment of bonus qualification, termination of employment and/or fines (in accordance with the Privacy Act).

33.2    Staff are trained internally on compliance and their regulatory obligation to Caledonia. They are encouraged to respond appropriately to and report all breaches of the law and other incidents of non-compliance, including Caledonia’s policies, and seek guidance if they are unsure.  

33.3    Staff must report breaches of this Policy directly to the Compliance Officer or his designee. 

34.       RETENTION OF NOTIFIABLE DATA BREACH FORMS

34.1    The Compliance Officer retains the completed Notifiable Data Breach Forms for seven (7) years in accordance with Caledonia’s Document Retention Policy. The completed forms are retained for future reference and review.

34.2    As part of their training, all staff are made aware of the need to practice thorough and up to date record keeping, not only as a way of meeting Caledonia’s compliance obligations, but as a way of minimising risk.

35.       POLICY REVIEW

35.1    Caledonia’s Privacy Policy is reviewed on at least an annual basis by the Compliance Officer of Caledonia, having regard to the changing circumstances of Caledonia. The Compliance Officer then reports to the Board of Directors on compliance with this Policy.