Totus Capital Pty Ltd (‘the Company’) understands and appreciates that you, as the Company website (‘Site’) visitor, are concerned about the confidentiality and security of personal information the Company may collect about you. The Company is committed to providing you with information on our services within a secure and confidential online environment. Our Privacy Statement sets out, for your information:
What information we may collect from you.
How your information may be used or disclosed.
The security of any information you provide.
Cookies – what are they and how are they used in the Site.
Acceptance and changes to privacy statements.
How you may access and correct your information.
How you can contact us.
When we refer to “personal information”, we mean any information that can identify you or that can reasonably enable your identity to be determined. This information could include your name, postal or email address, date of birth or financial details.
Personal information includes “sensitive information”. Sensitive information is any personal information about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, health or genetic information.
What personal information we collect from you
We will not collect any information that identifies you as an individual unless you knowingly provide it to us. Any personal information you supply will be used only in accordance with this Privacy Statement.
The type of personal information we collect and hold about you will depend on the dealings and relationship you have with us. When you deal with us (including for the purposes described in section 3) the types of personal information you may be required to provide to us include:
(a) your contact details (for example, name, address, telephone number and email address), date of birth, gender and occupation;
(b) financial information;
(c) your Tax File Number;
(d) your Australian Business Number (if applicable);
(e) your bank account or other financial institution details; and
(f) identification documents (for example, drivers licence).
We will generally collect your personal information as much as possible directly from you. For example, we collect information about you through your application form and other forms that you may complete after becoming an investor in one of our funds.
From time to time we may obtain personal information about you from third parties (for example, identity verification service providers, publicly or commercially available sources or third parties you have authorised us to contact) for the purpose of complying with legislative obligations, such as anti-money laundering laws. Such third parties may include:
(a) your financial adviser or another person who acts as your agent;
(b) Australia Post and/or the Australian Taxation Office (if we cannot contact you); and/or
(c) direct marketing organisations and data providers.
We will only collect “sensitive information” if you have consented to the collection of the information and the information is reasonably necessary for one or more of our functions or activities or if the collection of sensitive information is authorised or required by a court/tribunal order or an Australian law, including the following Australian laws:
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
Corporations Act 2001 (Cth);
Income Tax Assessment Act 1936 (Cth) and Income Tax Assessment Act 1997 (Cth);
Privacy Act 1988 (Cth) (Privacy Act).
Our company website is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to provide information of our company and our products to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
We use Wix to collect data about your interaction with our website. If you browse on the Site, read or download information, our system will record the date and time of your visit and the pages viewed and information downloaded. We may also indirectly collect your internet protocol (IP) address, device identifiers, browser type, operating system, internet service provider, geographic location, mobile network information, pages accessed, time stamps and your online transaction history. The main purpose of collecting your data in this way is to improve your experience when using our site. We also use this data to understand and report on which content pages and downloads are accessed by visitors.
If it is lawful and practicable, we offer you the opportunity to deal with us anonymously or by using a pseudonym. For example, we can provide general information to you about our products or services, or general guidance on how to fill out our forms without collecting any personal information from you.
However, if we are unable to collect and/or verify some or all of your personal information, we may not be able to enter into a business relationship with you or provide certain services to you. In order for us to provide our services to you it is normally impracticable for us to deal with you anonymously or by using a pseudonym. For example, if you do not provide your personal information to us, we will be unable to properly administer your investment, notify you about distributions or the performance of your investment, or adequately provide our services.
If you do not want us to process your data anymore, please contact us at email@example.com.
Use and disclosure of your personal information
Any information we collect from you via the Site may be used by us or by any entity carrying out functions on behalf of the Company for:
the purpose of enabling the Company to provide services or information to you in accordance with your requests or reasonable expectations;
the purposes of enabling the Company to undertake research, planning, product development, risk assessment, risk modelling and marketing; and
any other purpose required by or to the extent permitted by law – for example, enforcement related activities conducted by or on behalf of an enforcement body, or authorised or required by a court/tribunal order or an Australian law.
We will only disclose personal information to our related companies and to third party entities, whether in Australia or any overseas jurisdiction, who are carrying out functions on behalf of the Company on a confidential basis.
You should note that information we collect from you may also be disclosed to other third parties if that disclosure is required by or to the extent permitted by law.
If you choose to become an investor in a fund that we manage and/or operate:
(a) your identification details will be used to process your application, verify your identity and contact information, set up an account in your name, provide you with secure access to our website, process transactions and send you confirmations, manage your investment, ensure that you receive your distributions, provide you with information about your investment from time to time, improve the services we provide to you and to ensure that we comply with our legal and regulatory obligations;
(b) during the time you are an investor in our fund, we will hold investment-related information about you including the amount you have invested;
(c) your Tax File Number and Australian Business Number (where relevant) will be collected in order for us to ensure that your investment is taxed correctly;
(d) your identification details will be used to provide you with information about any important changes relating to your investment in our fund, and related services, as well as any changes to our business generally; and
(e) examples of persons we may disclosure your personal information to for the above purposes include:
(i) mail and electronic mail service providers (for the communication of investor statements and other information;
(ii) specialist professional advisers such as lawyers, accountants and tax advisers;
(iii) regulatory authorities and legal bodies as required by law (for example, the Australian Taxation Office, the Australian Transaction Reports and Analysis Centre, Australian Prudential Regulation Authority, the Australian Securities and Investments Commission or a Court or tribunal);
(iv) auditors (in order to assist them in conducting their independent audit and review activities of our financial statements and operations);
(v) third parties (if you give us permission to do so – for example, your financial adviser); and
(vi) other third party service providers who provide contracted services to us such as information technology support, hosting services, telephone services, mailing or sending other documentation, identity verification, fraud prevention, marketing or market research.
We may also share your personal information with a third party where we have obtained your consent.
We may collect, use and disclose your personal information to provide you with information about our products and services and products offered by other parties that we believe may be of interest to you (including by way of direct mail, telephone, email, SMS and MMS, secure portals, and online advertising and marketing) or to request your feedback for research purposes. You always have the right to opt out of receiving such information. You may exercise that right by contacting us as set out below in section 7.
We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected. If you do not consent to us collecting, using and/or disclosing your personal information for such other purposes, this may affect our ability to deliver and improve our products and services, or to engage or do business with you.
We will only disclose your personal information to a recipient overseas in accordance with the Privacy Act. Circumstances in which we will do this include where:
(a) you have asked us to or we have your consent to do so;
(b) we have outsourced a business activity or function to an overseas provider;
(c) we reasonably believe that the overseas recipient is subject to a law or binding scheme that protects the information in a way that is substantially similar to the way the information is protected under the Privacy Act and the Australian Privacy Principles, and there are mechanisms you can access to take action to enforce that protection; or
(d) the disclosure is required or authorised by or under an Australian law or a court/tribunal order.
Please note that the laws on processing personal information in other countries may be less stringent than in Australia. When we disclose your personal information overseas, we will take reasonable measures to ensure that your information is held, managed and accessed in accordance with the standards that apply in Australia, including the Australian Privacy Principles.
If you cease your relationship with us, we will only retain your personal information on file to the extent necessary to meet our regulatory obligations and we will only contact you with your consent.
Security of your personal information
The Company takes reasonable steps to preserve the security of personal information it collects via the Site.
We have security policies and systems in place to protect your personal information. We take reasonable steps to protect the personal information we hold from loss, interference, destruction, unauthorised access, modification or disclosure using both physical and electronic security measures. We implement multiple layers of security controls throughout our systems so that in the event that one control fails, or a vulnerability is exploited, there are other measures still in place to protect your personal information. Relevant measures include firewalls, data encryption, limiting physical access to data centres and controls over access to information.
The people within our organisation who handle your personal information are only those who have the need to access it and they have the training and skills to protect your personal information from unauthorised access or misuse.
We cannot ensure or warrant the security of any information you transmit to us or receive from us online and you do so at your own risk. Once we receive information from you, we take reasonable steps to preserve the security of that information on our own system.
From time to time the Site may contain links to other websites, and the Company is not responsible for the content of these websites or the privacy practices of the operators of those websites.
A cookie is a small data file placed on your computer by the Company server. A cookie contains information about your visit to the Site. When you visit the Site again, our server will look for the cookie and structure itself based on the information provided. A cookie identifies your computer to our web server when you visit the Site. We do not use the cookie to store personal information about you. The Company uses browser cookies to improve the speed and reliability of our security system.
You can set your browser to notify you when you receive a cookie, which gives you the opportunity to accept or reject the cookie. Please note that if you do not accept cookies before using this Site, you may not be able to use the full functionality of this Site (for example, some pages may not display properly or you may not be allowed to access certain information on the Site).
A server cannot find out a name or email address, or anything about you by using cookies.
We do not store or collect cookie information. Once we receive information from you, via email or any other means, the information is stored in a secure environment.
Acceptance and changes to Privacy Statements
This Privacy Statement was last updated on 1 June 2023.
Access to and updating of your personal information
You can access a summary of personal information such as your name and contact details and investments you have with us upon request. We will provide you with access to your personal information in accordance with the Privacy Act. Under the Privacy Act we can deny access to some or all of your personal information in specified circumstances, and will provide reasons for any refusal to you in writing.
If you are not satisfied with any refusal to grant you access to your personal information, you may make a complaint (see section 8).
We endeavour to ensure that the personal information we hold about you is accurate, up-to-date, complete, relevant and not misleading.
To ensure that the information we hold about you remains accurate, complete and up-to-date, we may ask you to check and correct your personal details from time to time. We may do this as part of our regular communications with you, when you make a telephone enquiry, or through other means.
You are able to access and update the personal information that we hold about you at any time. To amend personal information that the Company holds about you, you should contact the Privacy Officer:
Suite 1, Level 8
139 Macquarie Street
Sydney NSW 2000 Australia
+612 8072 9945
How you can make complaints about privacy matters
If you have any questions or feedback about this statement or have any privacy issues concerning the Company (including if you believe that we have not protected your personal information as set out in this Privacy Statement and you wish to make a complaint), please contact the Privacy Officer, on the details shown in section 7. Please mark the envelope or message “Notice of Privacy Complaint”. We will try to resolve your complaint quickly and fairly.
If you are not satisfied with the manner in which we deal with your complaint you may refer it to the Office of the Australian Information Commissioner (OAIC). You can contact the OAIC:
by visiting www.oaic.gov.au
1300 363 992
GPO Box 5288
Sydney NSW 2001