top of page

Privacy Policy

Introduction
Totus Capital Pty Ltd (referred to below as ‘Totus, we, us, our) understands and appreciates that you, as our website (‘Site’) visitor, are concerned about the confidentiality and security of personal information we may collect about you. Totus is committed to providing you with information on our services within a secure and confidential online environment. Our Privacy Statement sets out:

  1. What personal information do we collect and hold

  2. How your personal information collected and stored

  3. How we do use the personal information we collect

  4. How do we keep your personal information secure

  5. How you may access, correct and update your information

  6. How you can contact our Privacy Officer

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.

1. What personal information we collect and hold?
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 (but not limited to):
(a)      your contact details (for example, name, address, telephone number and email address), date of birth 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).
Generally, we will not collect sensitive information about you (such as your race, political beliefs, religion or health) unless this is required to enable us to provide you with services. If we do need sensitive information, we will seek your consent when we collect the information (unless an exemption applies).

Sometimes, we may need to collect personal information about individuals who are not our clients (for example, business contact details of a company representative with whom we deal or your representative or agent, such as your accountant).

If you do not provide us with the personal information that we require, we may not be able to provide you with the services or information you require.

2. How is personal information collected and stored?
We collect personal information when you: 

  • visit our website (Website) to read or download information;

  • ​contact us;

  • make an enquiry about our products or services;

  • become one of our clients;

  • provide information for Anti-Money Laundering and Counter-Terrorism Financing purposes;

  • communicate with our representatives and service providers; or

  • participate in marketing activities.

In most cases, we will collect your personal information directly from you. For example, we collect information about you through your application form and other forms that you may complete to become an investor in 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. 
 
Some of our pages on the Site use “cookies”, which are small files that may be placed on your hard disk for record-keeping purposes. Cookies help us remember who you are and may collect and store your server address, top level domain name (e.g. .com, .gov, .net etc), the date and time of your visit, country your service address is located in, the type of browser you used, the pages viewed and any downloads made, the previous site you visited and the site you visited next. Cookies can make your subsequent visits to the Site simpler and more efficient, for example, by saving site preferences. We may also use the information to assist in improving the Site, marketing and product development.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. However, by not accepting cookies, some pages on the Site may not display properly or you may not be permitted to access certain information. A server cannot determine an individual’s name, email address, or any other personal information other than that noted above by using cookies.

3. How do we use the personal information we collect?
We use personal information only for the purposes for which it is collected. These purposes are:

  • providing you with the relevant products or services requested (including verifying your identity and assessing your application);

  • managing our relationship with you;

  • managing and administering your investments;

  • communicating with you about your investments;

  • if you have requested it, sending you information about us and our products and services;

  • the development of our products and services;

  • marketing and research, including communicating with you about products and services which we believe may be of interest to you; and

  • complying with laws, regulations, rules, directions or requests from regulatory or government agencies.

We carry out our marketing activities in compliance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). We will only use personal information we collect from you to send commercial electronic messages or contact you by telephone for marketing purposes if you have provided your express or inferred consent.  If you would like to stop receiving marketing communications from us, please contact our Privacy Officer (details in section 5) and you will be removed from our mailing list.

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 Totus on a confidential basis. 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.

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. For legal reasons, we may need to disclose personal information to law enforcement agencies, government agencies, courts or external advisers.

4. How do we keep your personal information secure?
We take reasonable steps to protect the security of personal information from loss or unauthorised access, destruction, use, modification or disclosure. Technological and operational policies and procedures are in place to protect personal information from misuse and loss and from unauthorised modification or disclosure which include password controls, firewalls, multi-factor authentication and encryption.

We also train our staff on the importance of maintaining the confidentiality of personal information and the privacy of individuals.

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 operated by third parties. We have no control over these external websites - the use of linked websites is governed by the terms of use and privacy policies of those sites and is at your own risk.
 
5. How do I access, correct and update my personal information?
You have the right to request for access to personal information that we hold about you. We will provide you with access to your personal information in accordance with the Privacy Act.
Upon a request for access or correction being made, we will ask you to verify your identity before we provide you access to your information or the ability to correct it. 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 6).
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 can request access to amend or update the personal information that we hold about you at any time by contacting the Privacy Officer:
 
By mail:
Suite 1, Level 8
139 Macquarie Street
Sydney NSW 2000 Australia

By email:
ir@totuscapital.com.au

By telephone:
+612 8072 9945

6. How do I make a complaint about privacy?
If you would like to make an enquiry or complaint in relation to how we have handled your personal information, please contact the Privacy Officer, on the details shown in section 5 of this policy.  Please mark the envelope or message "Notice of Privacy Complaint". 
As an Australian Financial Services licensee, Totus is a member of an external disputes resolution scheme, the Australian Financial Complaints Authority (AFCA). AFCA may be able to assist with any complaints about privacy where it arises from one of our financial services, and we have not been able to resolve your complaint. You can contact AFCA on the details below:

Online:
by visiting www.afca.org.au

Phone:
1800 931 678

Post:
GPO Box 3, Melbourne VIC 3001

Our AFCA membership number is 103092.

Alternatively, you can also contact the Office of the Australian Information Commissioner (OAIC) by telephone on 1300 363 992 or by post to OAIC, GPO Box 5218, Sydney NSW 2001. Website: www.oaic.gov.au.

7. Changes to Privacy Policy
This Privacy Policy may change from time to time, as we consider necessary. You should periodically check this policy published on this Site to ensure you are aware of how your personal information may be used.
This Privacy Policy is effective as of 18 September 2024.

Mail:
GPO Box 5288
Sydney  NSW  2001

bottom of page