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SMSF 2024 Terms and Conditions

Privacy Policy

1. Purpose

This policy provides information as to the kinds of personal information that the Wingate Group collects and the ways it may be stored, used and disclosed. The Wingate Group includes Wingate Group Holdings Pty Ltd ACN 128 511 035 and its subsidiaries, related bodies corporate and associates (each as defined in the Corporations Act 2001 (Cth) (“Corporations Act”)).

In this policy, the terms “we”, “us”, “our” or “Wingate” are references to any member of the Wingate Group, except those members that have their own privacy policy (including ORDE Financial Pty Limited, Fifo Capital Australia Pty Ltd and Talaria Asset Management Pty Limited). The term “you” and “your” refers to you as our client, shareholder, co-investor, member, volunteer, job candidate, employee, service provider, agent, contractor and/or visitor. If you are our client or co-investor, additional information about our handling of your personal information may apply, for example under a privacy declaration or terms and conditions applicable to the product or service you obtain from us.

2. Our Commitment

We are committed to respecting your privacy and protecting your personal information. We are also committed to complying with our obligations under the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles as they apply to private sector organisations, and other applicable laws which govern the handling of personal information.

We sometimes handle personal information relying on exemptions under these laws, for example in relation to employee records. Any permitted handling of personal information under such exemptions will take priority over this policy to the extent of any inconsistency.

3. What Information Do We Collect?

We may collect various types of information from you. Some of this information is personal information, some is non- personal. When we refer to personal information, we mean information or an opinion about an identified individual, or an individual who is reasonably identifiable.

The types of personal information we collect may include your name, date of birth, addresses, postal or email details, financial details, financial position statements, tax file number, tax returns, personal identification documents (e.g. drivers licence and passport details) credit-related personal information (see section 10 below) and other information that we may consider necessary.

If you are a job candidate, we may also collect information about your experience, qualifications, skills and character and/or conduct screening checks (including reference, background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks).

4. Why Do We Collect Personal Information?

We may collect personal information to conduct our business and provide our services, including for the following purposes:

arranging and/or providing financial products and services;
assessing, processing and managing an application to be a co-investor, borrower or guarantor, including to verify your details, conduct bankruptcy and credit checks and related enquiries and assess our risk;
identifying you and investigating and protecting against fraud and unlawful activity;
complying with laws, regulations and rules which apply to us (including counter-terrorism financing and anti-money laundering laws such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth));
assisting regulatory authorities and protecting our lawful interests;
supplying you with information about your investments, loans and/or other products with Wingate, including regular statements;
informing you about updates or changes to the product or service you have acquired;
establishing, managing, administering, evaluating and improving our products or services including security and risk management, service development, research and planning requirements, marketing, internal and external payment systems and product development;
undertaking internal administration, risk management, training, accounting and record keeping;
collecting overdue payments;
in relation to job candidates, assessing your job application and determining your suitability for employment with Wingate;
responding to your queries;
complaints handling; or
subject to our legal obligations and your requests to opt-out, providing you with promotional information about financial and investment products and services on an ongoing basis, by any means including telephone, email and other electronic messages (we may also share your personal information with our related bodies corporate and partners for this purpose).

We may not be able to do these things without your personal information. For example, we may not be able to provide you with our services or respond to your queries.

5. How Do We Collect Personal Information?

Where reasonable and practicable to do so, we will generally collect your personal information directly from you. Collection can occur in a number of ways, including:

when you apply for or request information in relation to a product or service, either via telephone or email;
when you apply to be a co-investor, borrower or guarantor;
during the course of our business relationship with you or your affiliates;
when you attend our premises or an event hosted by us;
via our website or any portals for customers or co-

We may record your interactions with us, including through telephone conversations, emails, file notes and other records.

We may also collect personal information about you from other sources including public sources, information brokers and third parties such as agents, service providers, referrers (including originators or brokers), banks and other credit providers, credit reporting bodies and other third parties referred to in this policy.

6. Who Do We Disclose Personal Information To?

Depending on the circumstances, we may disclose your personal information to:

our agents and service providers, including providers of identity verification, account management, credit application processing, archival, auditing, debt collection, banking, credit (including credit providers which have lent money on the same security), securitisation, insurance, valuation, mail house, intermediary (such as brokers, originators and managers), financial, accounting, legal, job application processing (including organisations such as CV Check), recruitment, technology and data processing services;
another person in connection with funding financial accommodation, including by means of an arrangement involving securitisation;
other organisations that are involved in managing or administering credit, including credit reporting bodies;
any other organisation or entity that may have or is considering having an interest in a loan to you or in respect of which you are a guarantor, or in our business;
any person to the extent necessary to carry out any instructions you provide to us;
government agencies, bodies including courts, and tribunals and law enforcement bodies;
your executors, administrators, trustees, guardians or attorneys; and
your employer/s and/or referees, your guarantors, your professional advisers, your bank or anyone else where you have provided consent;
other individuals or companies authorised by you or in relation to whom disclosure is permitted by law; and
any organisation with which we have alliances or arrangements for the purpose of promoting our products and services.

We may also disclose personal information to other entities within the Wingate Group, for any of the purposes for which we may collect, use or disclose information that is set out in this policy.

We may also disclose such information as required or permitted by any law, for example in response to a subpoena or to the Australian Taxation Office, or following a direction issued under taxation laws.

Some of the third parties to whom we may disclose personal information may be located in other countries, including New Zealand. We will comply with our obligations under the Privacy Act in relation to these

7. Personal Information Security

We take care to protect your personal information to protect such information from unauthorised access, modification or disclosure and from misuse, interference and loss. The safeguard measures we take include:

employing a range of technical and administrative procedures reasonably required to ensure access to your personal information is only provided to authorised persons;
maintaining a robust computer and network security, security policy, processes and measures to control access to our systems and premises;
implementing periodic mandatory privacy training for our employees.

We may keep personal information in physical and electronic records, both at our own premises and, with the assistance of our service providers, in offsite backups or storage centres. Where we use other service providers, we will require all third parties to respect the security of your personal data and to treat it in accordance with the law. We will only permit our service providers to process your personal data for specified purposes and in accordance with our contractual agreement.

If you are considering sending us any personal information through electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP).

We aim to keep your personal information only for as long as required to meet our legal and regulatory requirements or internal needs. Once your personal information is no longer required to be retained by us or at law, we will take steps for it to be securely destroyed or permanently de-identified.

8. Accessing and correcting personal information

You may make a request to access or correct any personal information we hold about you. To make such a request, please contact us using the details set out below in section 13. We may need to verify your identity before meeting your request. Please provide as much detail as you can about the particular information you seek or require correction of, in order to help us locate it.

We will provide our reasons if we deny any request for access to or correction of personal information. Where we decide not to make a requested correction to your personal information, and you disagree, you may ask us to make a note of your requested correction with the information.

9. Credit reporting

This section applies in addition to the other sections of this policy where you apply for or obtain credit from us or apply to or guarantee or provide security in relation to credit provided to any other person or entity.

We may collect, hold, use and disclose certain credit-related personal information about you, including:

identification information (e.g. names, date of birth, sex, recent and prior postal and residential addresses, tax file number, employer and driver’s licence number);
the identity of your current and previous credit providers;
records of previous requests made by credit providers to credit reporting bodies (“CRBs”) for information about you in connection with commercial credit applications, guarantees and securitisation arrangements;
information about defaults (where repayments are more than 60 days overdue, in certain circumstances);
advice that payments are no longer overdue;
where those default repayments are no longer overdue, or new payment arrangements have been agreed;
a credit provider’s opinion that you have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with your credit obligations);
the start and end dates, credit limits and certain terms and conditions of your credit arrangements;
information about actions commenced or court judgments against you;
publicly available information relevant to your credit worthiness, credit standing, credit history or credit capacity;
certain insolvency information from the National Personal Insolvency Index;
information derived by CRBs from the above information (e.g. assessments and ratings in respect of your credit worthiness); and
information we derive from the above information (e.g. our own assessments and ratings in respect of your credit worthiness) (“credit-related personal information”).

This information may include information about your arrangements with other credit providers as well as with us. We may disclose some of these types of information to CRBs. CRBs may use credit-related personal information to maintain records on individuals which they may share with other credit providers for those providers’ own credit assessments.

If you fail to meet your payment obligations in relation to consumer credit or commit a serious credit infringement we may be entitled to disclose this to a CRB.

The CRBs we may use from time to time include CreditorWatch and CV Check.

You may contact those CRBs or visit their websites to see their policies on the management of credit-related personal information, including details of how to access your credit- related personal information they hold.

You have the right to request CRBs not to:

use or disclose your credit-related personal information, if you have been or are likely to be a victim of fraud; and
use your credit-related personal information to determine your eligibility to receive direct marketing from credit

10. Data breach response plan

The Privacy Amendment (Notifiable Data Breaches) Act 2017 introduces the ‘mandatory data breach notification regime’. Under these new laws, Wingate must notify any eligible data breach to the Office of the Australian Information Commissioner (“OAIC”) and the affected individuals as soon as practical. Wingate’s internal Privacy policy (Incident Management Policy) clearly outlines how we swiftly identify and effectively deal with a data breach.

11. Transfer of business

In the event that any part of our business or its assets is ever sold, acquired, merged, liquidated, reorganised or otherwise transferred, we reserve the right to transfer to the extent permissible at law our databases, together with any personal information and non-personal information contained therein to a third party acquiring the assets. While any transaction of this sort is being considered, we may also make limited relevant personal information available to prospective purchasers and legal and financial advisors and other relevant parties on a confidential basis.

12. Consent

By communicating (verbal or in writing), investing or dealing with Wingate, including by submitting information to us via email, through our website, registry or portal, you consent to the information you provide being collected, stored, used and disclosed by us in accordance with this policy.

You can withdraw your consent at any time however we may not be able to provide certain products or services to you.

13. Changes to this policy

You can withdraw your consent at any time however we may not be able to provide certain products or services to you.

13. Contacts

If you have any questions, concerns or feedback about privacy, or to make a request to access or correct your personal information or to opt-out of direct marketing, please contact our Privacy Officer as set out below:

Attention: Wingate Privacy Officer

Address: Level 48, 101 Collins Street, Melbourne VIC 3000

Phone: +61 3 9913 0700

Email: privacy@wingate.com.au

We take your privacy concerns seriously. Where you express any concerns that we may have interfered with your privacy or conducted ourselves inconsistently with this policy or the Credit Reporting Code, we will respond to let you know who will be handling your matter and when you can expect a further response. We aim to resolve your concerns in a fair and efficient manner within 30 days.

If your concerns are not resolved to your satisfaction, you may complain to the Office of the Australian Information Commissioner in writing as set out below:

Website: www.oaic.gov.au

Address: GPO Box 5218 Sydney NSW 2001 Phone: 1300 363 992

Fax: +61 2 9284 9666

Email: enquiries@oaic.gov.au