The Yarra Capital Management Group’s Privacy Policy is applicable to all clients, users of its website, or any persons from whom any member of the Yarra Capital Management Group has collected or collects personal information.

Unless stated otherwise, the “Yarra Capital Management Group” comprises Yarra Capital Management Limited, Yarra Funds Management Limited, Tyndall Equities Australia 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).

You may be reading this Privacy Policy because you have provided, or may soon be providing, your personal information to a member of the Yarra Capital Management Group with whom you have established or will establish a relationship with. By providing us with such personal information, you acknowledge that you have read and understood this Privacy Policy and consent to the collection, handling and disclosure of your information in the manner and for the purposes described in this Privacy Policy and as may be indicated on the document (including any online forms), through which you provide such information to us.

In addition to the provisions of this Privacy Policy, there may also be specific and additional privacy rules, regulations, or policies of third parties with whom we may be required to share your personal information, that apply to the products and services provided by the Yarra Capital Management Group. To the extent you are made aware of these, in the event of any inconsistency between the provisions of this Privacy Policy and those other specific and additional provisions, the specific and additional provisions will prevail.

What personal information we collect about you

The term “personal information” in this Privacy Policy, is as that term is defined in the Privacy Act 1988 (Cth). The personal information that we collect about you will depend on the Yarra Capital Management Group services and products that you use. The types of information we have collected, or may collect, and hold will include (but are not limited to) information we use to identify you, the source of your funds and wealth and any other information that may be necessary to provide you with our services and products. Such information may include details such as your name, date of birth, address, contact details, bank account and tax file numbers, employment history and investment profile.

How we collect your personal information

Where possible, we will collect your personal information from you directly. You give us your personal information in a number of ways such as;

• completing an application form;
• providing us with copies of your identification documents;
• signing up to newsletters or other updates via our website or at events, seminars, webinars etc;
• requesting a product or service by way of a telephone interaction or over the internet.

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.

We store your personal information in a variety of ways. These may include in computer systems or databases, in hard copy or paper files.

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 YCM 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 YCM 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 YCM entities;
• determining whether the YCM 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;
• the use or disclosure is necessary for the establishment, exercise or defence of a legal or equitable claim;
• compliance with applicable laws;
• any other purpose to which you have consented; or
• disclosure where required or authorised by law.

Workplace surveillance

Workplace surveillance may include camera surveillance of general office spaces, computer surveillance and tracking surveillance. Monitoring and surveillance are carried out to ensure the safety and security of our office, our resources, our people and any visitors to our premises, to ensure we have a record of any workplace injuries or incidents, and to ensure appropriate use of resources in line with our policies.

In carrying out workplace surveillance, YCM may record and store information such as movements within a workplace, connection of devices (whether owned by Yarra Capital Management or not) to IT Resources and its network, emails set or received using YCM email accounts or through YCM servers, storage and download volumes, browsing or downloading history. This will not include surveillance of employees in a change room, toilet facility or shower or other bathing facility, surveillance of employees when employees are not at work or blocking emails or internet access (unless permitted under law and other Yarra Capital Management policies).

Where camera monitoring is in place, physical signage will be placed at entrances to or within office grounds. Consent will be obtained from all YCM employees and contractors prior to commencement of any monitoring or surveillance.

All data collected via workplace surveillance or monitoring will be stored securely in compliance with this Policy.

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 YCM 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 YCM Group may need to disclose your information third party service providers carrying out functions on behalf of the YCM 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, Malaysia, India and any other countries in which our appointed investment administrator and unit registry administrator have offices.

From time to time, the YCM 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 your 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 YCM Group has shared with them, under foreign laws – in such circumstances, you may not hold the YCM 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

In Australia, this Privacy Policy does not apply to personal information provided to, held, or used by the Yarra Capital Management Group where that information forms part of an employee record for the purposes of the Privacy Act 1988.

Security of your personal information

The YCM 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. We conduct appropriate due diligence on any data storage provider we use.

Access and correcting of information

The YCM 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 correct 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
Australia

or via email:
privacy@yarracm.com

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 or our compliance with this policy or the Australian Privacy Principles, 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 30 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 Australian Financial Complaints Authority (AFCA) via their website, www.afca.org.au, or on 1800 931 678 or the Office of the Australian Information Commissioner via their website, www.oaic.gov.au, or on 1300 363 992.

Use of a Yarra Capital Management website or Tyndall AM website

By accessing our website with your browser settings adjusted to accept cookies, you are deemed to have consented to our use of cookies and other tools to provide or improve the products and services available on it.

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 for the purpose of gauging visitor traffic, trends,  delivering personalised content to you while you are at this site and to comply with relevant law.

We may use cookies to help identify your computer or device, both on our website and also on websites of other third parties. This will allow us (including our third party advertising agencies) to profile visitors to our website for the purpose of targeted advertising on these other websites.

If you access your account information online through one of the secure areas of a YCM website or Tyndall AM website, we will collect information of your visit using cookies to track your use of our website to allow you to effectively access your account information. This information is collected for security purposes and to protect the integrity of your account details.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Privacy Policy. If our information practices change at some time in the future, data collected from the time of the policy change going forward will adhere to our updated practices.

This Privacy Policy was last updated in February 2024. We may, without any prior or subsequent notice to you, amend or remove any part of this Privacy Policy at any time.