Mitchell Asset Management Pty Ltd (ACN 123 804 491) (Mitchell Asset Management, we, us, our) understands the importance of protecting an individual's right to privacy.
In handling your personal information, Mitchell Asset Management complies with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) under the Privacy Act.
We regularly review our practices and procedures regarding how we collect, hold, use, disclose and otherwise manage personal information. As a result, this policy may be updated from time to time. Where we update this policy we will make the updated policy available, including on our website.
For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
The kinds of personal information that we collect will vary depending on the type of dealings we have with you and how you interact with us.
For example, where you invest in a fund or other product of Mitchell Asset Management, the kinds of personal information that we may collect include your name, date of birth, residential and business address, contact details (such as telephone number and e-mail address), details regarding your country of residence, details regarding any investment you make in our funds or products, payroll details, taxation details, bank account information and other accounting, audit and financial services related information.
We will not generally collect or hold sensitive information about you, unless we are required to do so by law. Sensitive information includes information about your race, political or religious beliefs, sexual preferences, criminal convictions, membership of professional or trade associations or unions or health information.
There are a number of circumstances in which Mitchell Asset Management will collect personal information from you. For example, Mitchell Asset Management may collect personal information:
Generally, we will collect personal information directly from you. For example, when you submit an application form to us or otherwise contract or interact with us directly. However there may be other occasions when we collect your personal information from other sources, such as from a publicly maintained record, third party broker, person authorised by you (such as your accountant or financial adviser) or our agents or service providers (such as registry service providers). For example, where you apply to invest in our funds or other products, we may collect personal information regarding you from any registry services provider or fund administrator appointed in respect of the relevant fund or product.
We collect, hold, use and disclose your personal information for purposes relating to our funds management business and operations, including for the purposes of:
We may also collect, hold, use and disclose personal information to undertake identification and verification processes in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act or any other relevant laws. For certain investors, we may also be required to collect and disclose certain personal information to the Australian Taxation Office in order to comply with the Foreign Account Tax Compliance Act (FATCA).
You are under no obligation to provide your personal information to us. However, without receiving certain information from you, we may not be able to provide our products or services to you and may not be able to process any application by you for investment in our funds or other products.
In addition to the purposes set out above, we may collect, use and disclose your personal information to inform you of products, services or offers of Mitchell Asset Management which may be of interest to you. Where you are an investor in a fund or other product of Mitchell Asset Management, this may include providing you with direct marketing information regarding the other funds or products of Mitchell Asset Management or its related companies.
If you do not want to receive this information or do not want us to use or disclose your personal information for direct marketing purposes, you can opt out by letting us know that you wish to opt out of receiving this information and/or Mitchell Asset Management using or disclosing your personal information for direct marketing purposes.
Generally we will only disclose your personal information to third parties for a purpose related to the provision of our funds management services or any related purposes. We may also disclose your personal information to third parties for other purposes with your consent or for any purposes if the disclosure is required or authorised by law.
The types of organisations to which we may disclose your personal information to include:
We may hold your personal information in both hard copy and electronic forms.
We will take reasonable steps to ensure that the personal information we hold is protected against misuse, loss, unauthorised access, modification or disclosure.
Personal information is held on secure servers or in storage located in controlled, access restricted environments. Our employees are required to maintain the confidentiality of any personal information held by us.
Personal information may also, in certain circumstances, be held on behalf of Mitchell Asset Management in hard copy or electronic forms by Mitchell Asset Management’s service providers (such as offsite document storage providers, electronic data storage providers or registry service providers). Mitchell Asset Management enters into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.
Mitchell Asset Management takes steps reasonable in the circumstances to ensure that the personal information it collects, holds, uses and discloses about an individual is accurate, complete, up-to-date, relevant and not misleading.
Under the Privacy Act, you have a right to request access to or correction of your personal information that is collected and held by us.
If at any time you would like to request access to or correction of the personal information we hold about you, or you would like more information on our approach to privacy, please contact our Privacy Compliance Officer, using the contact details set out below.
To obtain access to or correction of your personal information, we may request that you provide us with proof of your identity. This is necessary to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected.
Upon receiving a request for access to or correction of personal information we will review the request, make a decision regarding the request and notify you of that decision.
We will seek to respond to requests for access to or correction of personal information within 30 days of the date of the request.
In some circumstances, a fee may be charged for the cost of providing you with access to your personal information (for example where providing access requires a detailed retrieval of your personal information). Such a fee will not exceed the cost to Mitchell Asset Management of providing access.
For further information or enquiries regarding your personal information or to request access to or correction of personal information or to make a privacy complaint, please contact Mitchell Asset Management’s Privacy Compliance Officer using any of the following contact details:
Privacy Compliance Officer
Telephone: + 61 3 98260003
Post: PO Box 638 Toorak, Victoria, 3142
If you believe that we have not dealt with your personal information in a manner that complies with the Privacy Act or the APPs, you can make a privacy complaint to us.
Please direct all privacy complaints to Mitchell Asset Management’s Privacy Compliance Officer in writing using the contact details set out above.
At all times, privacy complaints:
Upon receipt of your complaint, we will commence an investigation into your complaint.
You will be informed of our response to your complaint following the completion of the investigation. We will seek to respond to privacy complaints within 30 days of the date of the complaint.
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.