Privacy Statement

General

SouthPeak Investment Management Pty Limited (SouthPeak) like other companies operating in Australia, is bound by the Australian Privacy Principles set out in the Privacy Act. South Peak Investment Management LLC as a registered Investment Adviser with the US Securities and Exchange Commission (“SEC”) is also bound by Rule 204-2 under the Investment Advisers Act and Regulation S-P, privacy rules promulgated under Section 504 of the Gramm-Leach-Bliley Act. These regulations impose certain requirements on SouthPeak with respect to handling personal information. SouthPeak has implemented procedures to ensure that personal information is handled in accordance with the Act. SouthPeak has issued this policy in compliance with the Act.

Please read the following policy to understand how SouthPeak deals with the personal information that it may collect about you from time to time. This policy may change from time to time, so please revisit the policy periodically.

For the purpose of this policy and the Act “Personal Information” means information or an opinion (including information or an opinion forming part of a document or other source), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion.


Collection of
Information

Collection of Information from You
SouthPeak collects and uses Personal Information for the purpose of carrying out its business and complying with laws and regulations that may require the collection and disclosure of such information.

The personal information SouthPeak may collect include the following:

  • name
  • address
  • date of birth
  • e-mail addresses
  • telephone numbers
  • tax file numbers
  • bank account details
  • country of tax residency
  • any other information that you have provided SouthPeak as a result of our dealings with you.

To assist SouthPeak in providing quality services, it is important that the information you entrust to us is complete, accurate and up-to-date. You can help us to keep your information up to date by contacting us immediately if your contact details change.

We may also collect personal information if authorised or required by an Australian law or court or tribunal order to collect that information. We will tell you if collection is required or authorised by law and provide you with details of the law, court or tribunal order.

For example, when you make an application for a financial product SouthPeak is required under the Anti-Money Laundering and Counter-Terrorism Financing Act to collect certain information from you to prove your identity, such as your driver’s licence or passport details. SouthPeak may collect your Australian tax file number (TFN). It is not compulsory to provide your TFN, but if you do not, SouthPeak may deduct withholding tax from your distribution payments at the highest marginal rate. SouthPeak will collect your TFN to determine whether you are subject to withholding tax on any distribution payments you receive and for communication purposes of distribution payments to the Australian Taxation Office. If SouthPeak collects your TFN, we will handle your TFN in accordance with the Privacy Act and Guidelines issued by the Commissioner.

SouthPeak may also be required to ask about your tax residency status under taxation information sharing agreements the Australian Government has in place with other countries. For example, a tax treaty between Australia and the United States formed under US law (Foreign Account Tax Compliance Act) requires SouthPeak to ask investors in our funds whether they are US citizens or US tax residents when they make an application. If you are a tax resident of another country, the relevant treaty or law may require us to collect your relevant foreign tax identification number.

Collection of Information from Third Parties
With your consent, SouthPeak may collect personal information from a third party or it may collect information from sources you would reasonably expect, for example, information extracted from publicly available sources such as public domain websites or telephone directories.

SouthPeak may also collect information about how you use our or other websites to help us better tailor our services to you. For example, SouthPeak may do this when you click on a link from the SouthPeak website or visit a website which displays a SouthPeak advertisement. Usually, the information we collect in this way is general information only derived from cookies – such as the number of visitors to a site or statistics about how a site is browsed – and does not identify you. If SouthPeak does identify you with this information (for example, if you have been logged onto an online SouthPeak service), any use or disclosure of that information will be in accordance with this Privacy Policy.


Collection of
Sensitive
Information

Collection of Sensitive Information from You
Sensitive information is personal information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information or health information.

SouthPeak will not collect, use or disclose sensitive information about you unless we need the information for one of our functions or activities and we have your consent (or we are legally required to do so).


Use and Disclosure
Of Personal
Information

How we may use and disclose your personal information
SouthPeak may use and disclose personal information we collect about you for several purposes including:

  • to consider your request for a product or service;
  • to enable SouthPeak to provide a product or service;
  • to tell you about other products and services that may be of interest to you;
  • to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion or provision of a product or service;
  • to manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, staff training and market or customer satisfaction research);
  • to consider any concerns or complaints you raise against SouthPeak and/or to manage any legal action between you and SouthPeak;
  • to prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
  • to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty pursuant to an agreement with any tax authority; and
  • as required by relevant laws, regulations, codes of practice and external payment systems.

If SouthPeak uses your personal information for direct marketing of its products or services, it will provide you with the opportunity, at the point of our first contact and at any time afterwards at your request to decline receipt of any further marketing information. Otherwise, SouthPeak will neither use nor disclose your Personal Information that is not related to the purpose for which we collected your information in the first place without your consent, unless:

  • It is required for public health or public safety or other emergency reasons; or
  • It is required to investigate or report suspected fraud or unlawful activity; or
  • It is required or authorised by law; or
  • SouthPeak believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
    • the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
    • the enforcement of laws relating to the confiscation of the proceeds of crime;
    • the protection of the public revenue;
    • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
    • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Disclosing your
Personal
Information
Overseas

SouthPeak may need to disclose your personal information to organisations outside of Australia. These overseas organisations are service providers, including related entities, which perform a range of technology, operational and customer service functions on SouthPeak’s behalf. This includes SouthPeak Investment Management LLC in the US and offices associated with our fund administrator Custom House Fund Services Pty Ltd.

SouthPeak will not transfer personal information outside Australia unless SouthPeak reasonably believes that the recipient of the information is subject to a law, binding scheme or contract providing the same standards of protection of personal information as provided for under the Australian Privacy Principles.


Data Quality

SouthPeak will take reasonable steps to ensure that your personal information is accurate, complete and current.

SouthPeak will take reasonable steps to destroy or permanently de-identify your personal information, if it is no longer needed for any purpose for which the information may be used or disclosed under the Use and Disclosure section of this policy.


Data Security

SouthPeak will protect your Personal Information from misuse and loss and from unauthorised access, modification or disclosure.

SouthPeak may store your personal information in hardcopy documents or electronically. SouthPeak maintains physical security, such as locks and security systems, over our paper and electronic data stores and premises. SouthPeak also maintains computer and network security. For example, SouthPeak uses firewalls (security measures for the internet) and other security measures such as identification codes and passwords to control access to computer systems. SouthPeak continually maintains and monitors its online security systems to ensure that SouthPeak’s online services are secure and that your personal information is appropriately protected when you use these services.

We require you to keep your personal identification number (PIN), passwords and access codes confidential and secure at all times. This means that you should not disclose your PIN, passwords or access codes to any other person. You should contact SouthPeak immediately if you believe that your PIN, passwords or access codes may have been disclosed to another person or if you would like to change your PIN or password.


Transparency SouthPeak Privacy Policy is posted to www.southpeakim.com (the company’s website) from where an electronic copy (.pdf format) can be downloaded. A paper copy of the policy can be made available on request.

Access and
Correction

If you wish to verify what information (if any) SouthPeak holds on you and/ or whether that information held is correct, you may either:

  • email invest@southpeakim.com or
  • apply in writing to:
    • SouthPeak Investment Management Pty Limited
      Suite 37, 26-32 Pirrama Rd
      Pyrmont NSW 2009

SouthPeak will take reasonable steps to confirm the identity of the person making the request and will endeavour to respond within 14 business days of receiving the request. However, where the request is more complex or time consuming to comply with, SouthPeak will endeavour to provide access to the information requested within 28 business days.

SouthPeak reserves the right to deny access to personal information if providing access:

  • could pose a possible threat to life or health; or
  • could cause an unreasonable impact on the privacy of others; or
  • would be in response to a frivolous or vexatious request; or
  • relates to existing or anticipated legal proceedings which could be prejudiced as a result; or
  • relates to existing or anticipated commercial negotiations involving SouthPeak, and SouthPeak legitimate commercial interests could be prejudiced as a result; or
  • is in any way unlawful; or
  • would be likely to prejudice an investigation of possible unlawful activity; or
  • would circumvent a request to SouthPeak by an enforcement body performing a lawful security function to not provide access to the information because providing access would jeopardise national security; or
  • would likely prejudice:
    • the prevention, detection, investigation, prosecution of criminal offences, breaches of the law imposing a penalty or sanction or breaches of prescribed law; or
    • the enforcement of laws relating to the confiscation of the proceeds of crime; or
    • the protection of public revenue; or
    • the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
    • the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders by or on behalf of an enforcement body.

However, where providing access would reveal evaluative information generated within the company in connection with a commercially sensitive decision-making process, SouthPeak may give the individual an explanation for the commercially sensitive decision rather than direct access to the information.

Where there is disagreement about direct access or where direct access to personal information is impractical or inappropriate, SouthPeak will discuss the possible use of a mutually acceptable intermediary.

If you advise SouthPeak that your personal information is held on you is inaccurate, incomplete or not up-to-date, SouthPeak will take reasonable steps to update the information accordingly. Should there be a disagreement between SouthPeak and you about whether the personal information is complete or up-to-date then at your request, SouthPeak will take reasonable steps to associate a statement from you that the information is not correct with the relevant record(s) held by SouthPeak.

SouthPeak reserves the right to levy a reasonable charge to meet the costs of providing access to personal information, although there will be no charge for lodging a request for access.

SouthPeak will provide reason(s) should it deny access to or correction of personal information it holds.


Identifiers

SouthPeak will not use an identifier assigned to an individual by a Government Agency or related body as its own identifier; nor will it provide such an identifier to a third party without the individuals consent, unless:

  • the use or disclosure is necessary for SouthPeak to fulfil its obligations to the Agency or related body; or
  • one or more of Use and Disclosure section numbered items 1-4 (inclusive) apply to the use or disclosure; or
  • the use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances.

Anonymity Wherever lawful and practical, SouthPeak will give you the option of not identifying yourself when dealing with the company.

Complaints

Wherever lawful and practical, SouthPeak will give you the option of not identifying yourself when dealing with company people who may potentially be subject of your complaint or where you may seek to complain about any aspect of SouthPeak's management of your personal information.
You may either:

  • email invest@southpeakim.com or
  • apply in writing to:
    • SouthPeak Investment Management Pty Limited
      Suite 37, 26-32 Pirrama Rd
      Pyrmont NSW 2009

In both instances you must set out full details of the complaint. To help SouthPeak complete a quick and effective investigation, the complainant should include as much detail as they have available to assist the SouthPeak Privacy Officer to identify the nature and scope of the complaint.

The Privacy Officer will maintain a record of all complaints received, including but not limited to:

  • name and contact details of the complainant
  • date the complaint was received
  • nature of the complaint
  • details of the person(s) investigating the complaint
  • outcome of the investigations
  • dates and details of all contacts made with the complainant

These records will be held in a secure manner by the Privacy Officer, and will only be accessible to management of SouthPeak or people in the business to which the complaint relates. Otherwise, they will only be made available, if required or authorised by law or to assist with any investigations carried out by the office of the Federal Privacy Commissioner.

The Privacy Officer or his or her designate will also be responsible for investigating privacy complaints.

All complaints will be acknowledged within seven working days and a full response given within 28 days. Where it is not possible to complete the investigation of a complaint within 28 days, the complainant will be contacted once 28 days have elapsed with an estimate of when the investigation will be completed.


Disclaimer This policy represents SouthPeak's policy as at August 2018.  SouthPeak may revise this policy as it sees fit or at its discretion.
Although SouthPeak intends to observe this policy at all times, neither SouthPeak nor any of its entities nor its associated companies is legally bound in any respect by this policy. From time to time, SouthPeak reserves the right to act outside the policy and may do so, subject only to any statutory rights you have under the Act or other applicable legislation.