Privacy Policy
1. Purpose and nature
Point King Capital Pty Limited (ACN 626 003 718) and its related bodies corporate (within the meaning of section 50 of the Corporations Act 2001 (Cth) (Point King Capital) recognises the importance of your privacy. This Privacy Policy explains how Point King Capital intends to collect, store, use, disclose, protect and otherwise handle your personal information having regard to the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act).
This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by Point King Capital to you as to the manner in which Point King Capital will or may collect, store, use, disclose, protect or otherwise handle your personal information.
2. What is personal information?
Personal information is information or an opinion about an individual, whether true or not and whether recorded in a material form or not, from which the individual can be reasonably identified.
3. Why does Point King Capital collect personal information?
Point King Capital is a private equity firm that provides long term growth equity and early-stage capital to phenomenal founders and entrepreneurs of outstanding global consumer companies. Point King Capital collects personal information in connection with providing, administering, improving and personalising its products and services, marketing and to support its business functions.
If Point King Capital does not collect your personal information, it may not be able to provide you with its products or services. For example, if you are a prospective investor, Point King Capital will not be able to manage your investments without necessary information.
4. What personal information does Point King Capital collect?
In order to provide you, as an individual or as someone associated with a corporation or institution, with its products and services, Point King Capital will typically collect the following types of personal information about you:
- personal details (including names, date of birth, gender, citizenship, occupation and marital status);
- contact details (including address, email address, telephone number(s) and other contact details);
- personal identifiers (such as your tax file number (TFN), driver’s licence number or other details);
- identification documents (such as your passport);
- banking details;
- for private individuals, extensive financial information such as source of wealth, investment objectives, risk appetite, details regarding assets held, general financial information; and
- other information you provide to us, including as requested by us to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
In certain situations, the personal information Point King Capital collect may (where appropriate and where it is permitted by law) include sensitive information (for example, to comply with anti-money laundering laws we may collect information about an individual’s political connections and/or whether they have a criminal record).
5. How does Point King Capital collect your personal information?
Point King Capital will collect personal information only by lawful and fair means and not in an unreasonably intrusive manner. When you provide Point King Capital with personal information you consent to the use, disclosure and handling of your personal information in accordance with this Privacy Policy and any subsequent amendments (see clause 13).
Collecting information from you
If it is reasonable and practical to do so, Point King Capital will collect personal information directly from you.
Depending on how you choose to interact with Point King Capital, Point King Capital may collect your personal information when you contact, or are contacted by, Point King Capital or its service providers by telephone, by email, through Point King Capital’s website, or when you complete a form or document and provide it to Point King Capital.
Collecting information from third parties
Point King Capital may also collect information about you from other people (eg a third party administrator) or independent sources. For example, Point King Capital may collect personal information about you from its related entities or from your advisers (such as your accountant) or your associated institution or entity. However, Point King Capital will only do so where it is not reasonable and practicable to collect the information from you directly. Where Point King Capital has collected your information from a third party, such personal information will be held, used and disclosed by Point King Capital in accordance with this Privacy Policy.
Collecting information from visits to Point King Capital’s website
Point King Capital may collect information about how you visit its website. For example, we record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used.
We use and disclose this information in anonymous, aggregated form only for purposes including statistical analysis and to assist us to improve the functionality and usability of our website. You are not individually identified, however we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorised by law to do so.
Point King Capital may also collect information based on how you use its website, including through ‘cookies’, web beacons and other similar technologies.
Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable Point King Capital’s systems to recognise your browser and record non-personal information such as the date, time or duration of your visit and the pages accessed, for website administration, statistical and maintenance purposes (Cookie Information).
We use cookies to provide you with a more consistent experience across our services. No attempt is made by Point King Capital to use Cookie Information to personally identify you. However, if Cookie Information is linked with personal information as set out above, this Cookie Information becomes personal information and will be treated in the same manner as the personal information to which it has been linked.
You can remove or reject cookies by adjusting the settings on your web browser. Please note that some parts of Point King Capital’s website may not function fully for users that disable cookies.
Unsolicited information
If Point King Capital receives personal information that it has not requested and determines that the personal information received is not reasonably necessary to provide its services, Point King Capital will take all lawful and reasonable steps (if any) to de-identify or destroy that personal information.
Anonymity/pseudonymity
Due to the nature of the services provided by Point King Capital, you are not generally able to interact anonymously or through the use of a pseudonym beyond initial, general enquiries about the organisation.
6. How does Point King Capital hold your personal information?
The security of your personal information is important to Point King Capital. Accordingly, Point King Capital takes reasonable steps to protect your personal information from misuse, loss and unauthorised access, modification or disclosure.
These steps include the implementation of the following safeguards:
- restricting access to personal information to only those who are verified to be able to receive that information,
- providing staff training,
- electronic security systems with system firewalls,
- internal information security and confidentiality policies.
The people within Point King Capital 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. Point King Capital will take reasonable steps to permanently de-identify or responsibly destroy personal information if it is no longer needed for the purpose for which the information was used or disclosed.
Security breach procedures
Point King Capital’s data security practices have been adopted with a view to protecting the data held by Point King Capital. Notwithstanding this, individuals should be aware that there are inherent risks associated with the transmission of data over the internet and other mediums. Accordingly, Point King Capital cannot guarantee any transmission will be completely secure.
7. How does Point King Capital use your personal information?
Point King Capital may collect, hold, use or disclose your personal information for a range of purposes so that it can provide you or your associated institution or corporation the services that you request.
For example, Point King Capital may hold, use or disclose your personal information to:
- give you information about a product or a service that we offer or to manage any of your investments;
- consider whether you are eligible for a product or service including any investments;
- understand your needs and the advice we provide in connection with private equity;
- manage and assess our investment portfolio;
- verify your identity and facilitate the provision of our services to you or your associated entities;
- enable us to perform administrative and operational tasks including staff training, research and development and marketing of our products and services;
- consider any concern or complaint that you raise against Point King Capital or to manage any legal action between you and Point King Capital;
- prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
- comply with any relevant laws, regulations, codes of practice and court orders; or
- for any purpose for which you have provided express (verbal or written) or implied consent.
Point King Capital will only use and disclose personal information (including sensitive information) for the purpose(s) for which it was provided, unless you agree otherwise, or disclosure is required or authorised by or under an Australian law or court/tribunal order.
Point King Capital 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 12.
Point King Capital may de-identify personal information to monitor and improve the products and services provided and identify trends in the business through the adoption of various models and tools which may include artificial intelligence.
8. How is personal information disclosed to others?
Point King Capital does not sell, rent or trade personal information to, or with third parties. Point King Capital may however, in order to provide its products and services to you, disclose your personal information to third parties in limited circumstances or as required by law including:
- to ensure compliance with the AML/CTF Act and the Anti-Money Laundering and Counter-Terrorism Financing Rules (such as Know Your Customer requirements);
- in response to a request from the Australian Taxation Office, including the Foreign Account Tax Compliance Act (FATCA) regime (which may include information exchange with the United States of America) and the Common Reporting Standard;
- in response to a request from a regulator (such as ASIC or AUSTRAC);
- to our lawyers and other advisers for the purpose of preparing documents and providing advice necessary to provide our services;
- to the extent that information is stored with third party cloud storage providers;
- with Registry Direct, which collects and uses personal information when processing applications for units in our trusts;
- to your adviser or other parties authorised by you;
- third party service providers so that they can provide contracted services to Point King Capital such as information technology support, hosting services, telephone services, mailing or sending other documentation, identity verification, fraud prevention, marketing or market research; and
- to related bodies corporate.
Cross-border disclosure
Point King Capital may transfer your personal information to an entity which is in a foreign country to assist Point King Capital in providing its products and services. For example, your personal information may be disclosed to entities that we invest in that are located overseas or to our associated firms and service providers which conduct operational, technology and customer service functions in the US, Hong Kong, Singapore, the United Kingdom and New Zealand. It may also be disclosed if requested or required to ensure compliance with legal and regulatory requirements, such as those listed above, and where data storage servers are located overseas.
Your personal information may also be stored on servers located overseas by our third-party cloud storage providers. As electronic or networked storage can be accessed from various countries via an internet connection, it may be accessible overseas.
Please note that the laws on processing personal information in other countries may be less stringent than in Australia. In these circumstances, Point King Capital will take such steps as are reasonable in the circumstances to ensure that the information that is transferred to third parties located outside of Australia will not be held, used or disclosed by the recipient of the information in a manner that is inconsistent with the APPs.
Third Party Links
Point King Capital’s website may contain certain links to other websites. Point King Capital does not share your personal information with those websites and it is not responsible for the privacy practices applying in respect of those websites.
9. Change of control
If Point King Capital sells, assigns or otherwise transfers part or the whole of its business, your personal information, which was collected by Point King Capital when it provided you or your associate entity services or products, may be among the items transferred or sold to the extent that it is relevant to Point King Capital’s business.
10. How you may access or correct your personal information
You may contact Point King Capital to request access to the personal information it holds about you at any time. You may also ask Point King Capital to correct information about you that you may believe is inaccurate, incomplete or out of date.
Please contact Point King Capital using the contact details set out in clause 12.. Point King Capital will need to verify your identity before giving you access to, or correcting, your personal information. Point King Capital will respond to the request within a reasonable period after the request is made. There is no charge to make a request, however Point King Capital may charge a reasonable fee to cover the administrative costs of retrieving your personal information.
In certain circumstances, Point King Capital may refuse, or be unable, to correct or provide you with access to your personal information. In these circumstances, Point King Capital will write to you to explain the reasons why this is the case.
11. How you may complain if you have concerns about how Point King Capital has managed your personal information
If you have a complaint related to how Point King Capital has managed your personal information, please contact Point King Capital using the contact details set out in clause 12. Point King Capital may ask you to place your concerns in writing so that its compliance staff can fully understand and investigate your complaint.
Point King Capital will provide you with an estimated response timeframe in relation to your complaint. In any event, Point King Capital will endeavour to respond to your complaint within 30 days.
If a complaint remains unresolved, you may contact the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au to have the complaint heard and determined.
12. How to contact us
If you have any questions about this Privacy Policy or Point King Capital’s management of your personal information, please contact Point King Capital on:
Attention: Operations and Compliance Manager
Tel: +61 419 049 790
Email: lafonso@pointkingcapital.com
13. Changes to Point King Capital’s privacy policy and information handling practices
This Privacy Policy is subject to change at any time so we encourage you to review this Privacy Policy at regular intervals. If Point King Capital changes this Privacy Policy an updated version will be posted on Point King Capital’s website to notify you of this change. By continuing to use Point King Capital’s services after that time you will be deemed to have accepted any changes to its Privacy Policy.