Privacy Policy

COLLECTION OF PERSONAL INFORMATION (SOLICTED PERSONAL INFORMATION)

GCQ Funds Management does not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of GCQ Funds Management’s functions or activities. GCQ Funds Management’s functions or activities include:

a) Provide financial product advice for the following classes of financial products:

b) Deal in a financial product by:

(i) issuing, applying for, acquiring, varying or disposing of a financial product in respect of the following classes of financial products:

c) provide a custodial or depository scheme service that is not an IDPS; to wholesale clients

SENSITIVE INFORMATION

GCQ Funds Management does not collect sensitive information about an individual unless:

INFORMATION COLLECTED BY GCQ FUNDS MANAGEMENT

The information GCQ Funds Management collects may include the following:

PURPOSE OF COLLECTION

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

GCQ Funds Management 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.

COLLECTION OF PERSONAL INFORMATION (UNSOLICITED PERSONAL INFORMATION)

If GCQ Funds Management:

GCQ Funds Management must, within a reasonable period after receiving the information, determine whether or not it was permitted to collect the above information. If GCQ Funds Management:

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

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

GCQ Funds Management 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.

NOTIFICATION OF THE COLLECTION OF PERSONAL INFORMATION

This applies to:

GCQ Funds Management must notify the individual of the following matters in the Privacy Statement:

a) GCQ Funds Management’s identity and contact details;

b) if GCQ Funds Management collects the personal information from a third party or the individual is not aware that GCQ Funds Management has collected the personal information, the fact that GCQ Funds Management 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 GCQ Funds Management collects the personal information;

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

f) any other entities to which GCQ Funds Management usually discloses personal information of the kind collected by GCQ Funds Management;

g) that GCQ Funds Management’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 GCQ Funds Management and seek correction of such information;

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

USE OR DISCLOSURE OF PERSONAL INFORMATION

Where GCQ Funds Management holds personal information about an individual that was collected for a particular purpose (“the primary purpose”), GCQ Funds Management 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 GCQ Funds Management 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 GCQ Funds Management; or

e) GCQ Funds Management 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.

Where GCQ Funds Management uses or discloses personal information, GCQ Funds Management keeps a copy of this disclosure (e.g.: the email or letter used to do so). This section does not apply to:

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

b) government related identifiers.

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

WHO DOES GCQ FUNDS MANAGEMENT DISCLOSE PERSONAL INFORMATION TO?

GCQ Funds Management may disclose personal information collected from clients and prospective clients to the following:

a) organisations involved in providing, managing or administering GCQ Funds Management’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 GCQ Funds Management’s business systems, procedures and infrastructure, including testing or upgrading GCQ Funds Management’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 GCQ Funds Management’s, provide its products or services;

g) authorised representatives who provide GCQ Funds Management’s products or services on its behalf;

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

i) debt collectors;

j) GCQ Funds Management’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.

EXCEPTION – PERSONAL INFORMATION OTHER THAN SENSITIVE INFORMATION

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

a) GCQ Funds Management collected the information from the individual; and the individual would reasonably expect GCQ Funds Management to use or disclose the information for that purpose; or

b) GCQ Funds Management has collected the information from a third party; and either:

(i) GCQ Funds Management 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 GCQ Funds Management to obtain the individual’s consent; and

c) GCQ Funds Management provides a simple way for the individual to opt out of receiving direct marketing communications from GCQ Funds Management;

d) in each direct marketing communication with the individual GCQ Funds Management:

(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.

EXCEPTION – SENSITIVE INFORMATION

GCQ Funds Management 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. GCQ Funds Management 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.

SECURITY OF PERSONAL INFORMATION

GCQ Funds Management 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. GCQ Funds Management ensures that it protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure. GCQ Funds Management takes reasonable steps to destroy or de-identify any personal information it holds where:

a) GCQ Funds Management no longer needs the personal information for any purpose for which the information may be used or disclosed by GCQ Funds Management;

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

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

STORAGE OF PERSONAL INFORMATION

GCQ Funds Management stores personal information on electronically secure data centres. In order to ensure GCQ Funds Management protects any personal information it holds from misuse, interference, loss, unauthorised access, modification and disclosure, GCQ Funds Management 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 be fully diligent of any phishing attempts and to avoid them. 

CORRECTION OF INFORMATION

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

a) GCQ Funds Management is satisfied the information is inaccurate, out of date, incomplete, irrelevant or misleading; or

b) the individual requests GCQ Funds Management corrects the information.  

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

REFUSAL TO CORRECT INFORMATION

If GCQ Funds Management refuses to correct personal information as requested by the individual, GCQ Funds Management 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.

COMPLAINTS

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

Email: complaints@gcqfunds.com

Phone: +61 (02) 7252 9124

Post: Level 14, 167 Macquarie Street, Sydney NSW 2000

To assist GCQ Funds Management in helping customers, GCQ Funds Management asks customers to follow a simple three-step process:
a) gather all supporting documents relating to the complaint.
b) contact GCQ Funds Management 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 GCQ Funds Management’s Complaints Officer and to put their complaint in writing and send it to the above postal address.

GCQ Funds Management will rectify any breach if the complaint is justified and takes necessary steps to resolve the issue. 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. After a complaint has been received, GCQ Funds Management 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. If the customer is not satisfied with GCQ Funds Management’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