Privacy policy

Application

This Privacy Policy sets out how we collect, hold, use and disclose personal information about our clients, whether as a unitholder of one of our Funds or with a discrete portfolio. It only applies to information about natural persons. Maple-Brown Abbott Limited handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth).

This Privacy Policy does not apply to personal information about our employees.

Information collected and means of collection

The kinds of personal information we collect about you include:

  • name and address;
  • phone and fax numbers and email address;
  • tax file number;
  • Australian Business Number (ABN);
  • bank account details; and
  • if relevant, details as to status as a professional or sophisticated investor under the Corporations Act 2001 (Cth).

 

We do not collect any ‘sensitive information’ (e.g. about health or ethnic origin), as defined in the Privacy Act 1988 (Cth).

We typically collect personal information at the time you establish an investment account with us, either from you or your financial adviser. The information may be collected by an agent of ours, such as a unit registry for unitholders in our retail Funds. If you are a unitholder in one of our Funds, the information is collected in the first instance when an application form is submitted. Additional information may be collected in the course of subsequent correspondence about your investment with us, including during performance review meetings.

Purpose for collecting and holding the information and disclosure of the information

We use your personal information to enable us to accept and process your application, administer and manage your investment, communicate with you about your investment and maintain a record of investment details and investors as required by legislation. We may also use your personal information to advise you of our products and services which we believe may be of interest to you. You can request not to receive these marketing communications from us by contacting us using the contact details at the end of this Policy.

As part of the identity verification process in providing our services to you, your personal information may be matched to Government-issued identity records (eg drivers licences and passports) held by the issuer of those records or the official record holder. This may occur via a third party.

In the course of carrying on our business, we may also disclose your personal information to:

  • the Fund’s or your custodian and bank;
  • our retail Funds’ unit registry and call centre;
  • external service providers such as information technology contractors, auditors, tax advisers, consultants and lawyers;
  • any persons acting on your behalf, including your financial advisor, solicitor or accountant unless you tell us not to;
  • your financial institution, for the purpose of paying withdrawal proceeds and distributions; and
  • to third parties, such as the Australian Tax Office, if authorised or required by law.

 

Our Funds’ custodians may share personal information with entities outside Australia for the purpose of administration associated with the management of the Funds and anti-money laundering. Our storage provider may store your personal information in Canada. We may be required to disclose personal information to the Securities and Exchange Commission in the United States of America if it conducts an audit of our activities. We may also disclose personal information to the ATO, who may disclose the information to the Internal Revenue Service in the United States in accordance with intergovernmental arrangements associated with the Foreign Account Tax Compliance Act (FATCA).

Storage of information

We hold personal information in both paper and electronic form. Personal information held in electronic form is regularly backed-up and stored in a secure off-site location. Some personal information is stored with a third party data storage provider, who stores the information in Canada. We will destroy or de-identify personal information once permitted by law and if we no longer need it for any purpose.

Access to, and correction of, personal information

If you wish to seek access to, or correction of, your personal information please contact us using the contact details at the end of this Policy.

Access requests for personal information must be in writing and must satisfy our internal procedures that the individual making the request is the same person as the subject of the request. If a request for access is received and accepted, we will typically grant access by giving a copy or, if agreed by you, a summary of the personal information to you. The means of delivery can be in person at our office, verbally over the phone, by mail, by fax or by email. We may refuse access to all or part of your personal information in certain circumstances as permitted under the Privacy Act 1988 (Cth).

Our aim is to respond to access requests within ten business days, with either the information requested, or if the request is denied, the reason therefore. We will not charge a fee for the making of the access request and we do not intend at this stage to charge a fee for giving you access to your information.

If you tell us that any of the personal information we hold is not accurate, complete, up-to-date or relevant, we will usually correct the information. However, there may be occasions where we refuse to do so as permitted under the Privacy Act 1988 (Cth). In this case we will notify you of the reasons for our refusal. We will not charge you for the making of the request or correcting your personal information.

Notifiable data breaches

We will endeavor to prevent unauthorised access, disclosure and loss of personal information. In the unlikely event of a suspected data breach, we will assess the breach to determine whether it is likely to result in serious harm to any of the individuals to whom the information relates. In which case, we will notify the individual(s) at risk of serious harm and the Office of the Australian Information Commissioner as soon as practicable.

Complaints

Maple-Brown Abbott is committed to providing our investors with the highest level of service. If, however you are dissatisfied with our level of service and wish to make a complaint please let us know.

If you have a complaint related to how Maple-Brown Abbott has managed your personal information you can contact our Client Services team as follows;

  • By telephone: 1300 097 995 or (03) 9616 8614
  • By email: mba@unitregistry.com.au
  • By mail: Maple-Brown Abbott, Level 26, Tower One, International Towers Sydney, 100 Barangaroo Avenue, Barangaroo, NSW 2000

Where you have called our client services team, we may ask you to put your complaint in writing. We will acknowledge receipt of your complaint immediately and we will investigate and respond to your complaint as soon as is practicable after we receive it.

If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner (OAIC):

  • By writing to: Office of the Australian Information Commissioner GPO Box 5218 Sydney, NSW 2001
  • By email: enquiries@oaic.gov.au
  • By fax: +61 2 9284 9666

Contact details

Please address all privacy enquiries (aside from privacy complaints, for which contact details are outlined in the section above) to:

Privacy Officer
Maple-Brown Abbott Limited
Level 26, Tower One, International Towers Sydney
100 Barangaroo Avenue, Barangaroo, NSW 2000

T +61 (0) 2 8226 6200
E invest@maple-brownabbott.com

In accordance with the General Data Protection Regulation (697/2016/EU) (the GDPR) and applicable Irish data protection legislation (currently the Irish Data Protection Acts 1988 to 2018) (collectively, Data Protection Legislation) Maple-Brown Abbott Funds plc (the Company), being a data controller, is required to provide you with information on how the personal data that you provide as part of your subscription to shares in the Company will be processed by the Company, its service providers and delegates and their duly authorised agents and any of their respective related, associated or affiliated companies.

As a consequence of your investment the Company, acting as a data controller, may itself (or through third parties including but not limited to Northern Trust International Fund Administration Services (Ireland) Limited (the Administrator), Bridge Fund Services Limited (the Manager) and Maple-Brown Abbott Limited (in its capacity as distributor and investment manager to the Company and its sub-funds) together with any sub-distributors that may be appointed from time to time (collectively the Distributor), local paying agents and mailing firms appointed by any of the foregoing (together the Service Providers)) process your personal information or to the extent that you are a non-natural person, that of your directors, officers, shareholders (direct or indirect), employees, intermediaries and/or beneficial owners of shares held by you in the Company. Where you are a non-natural person, save where otherwise expressly provided, any reference in this Data Privacy Statement to “you” or “your” in the context of processing personal data of data subjects shall be understood to mean and relate to the personal data of your directors, officers, shareholders, employees, intermediaries and/or beneficial owners as the context may require.

Although Maple-Brown Abbott Limited is not currently a data controller, in certain circumstances, it may itself use your personal data for its own purposes and as a result be considered a data controller of such data. In such circumstances, all rights afforded to you as a data subject under the GDPR shall be solely exercisable against Maple-Brown Abbott Limited.

In this regard, please note the following:

Purposes of Processing and Legal Basis for Processing

Processing Activity by or on behalf of the Fund Legal Basis for Processing
Where you are a natural person, managing and administering your holdings in the Company and any related account on an ongoing basis Performance of the contract between the Company and you
Where you are a natural person, disclosures to third parties such as auditors, regulatory authorities, tax authorities and technology providers in the context of the day to day operations of the Fund; Performance of the contract between the Company and you
Where you as an investor are a non-natural person, disclosures (which may include disclosure in respect of the personal data of your directors, officers, shareholders (direct or indirect), employees, intermediaries and/or beneficial owners of shares held by you in the Company) to third parties such as auditors, regulatory bodies, tax authorities and technology providers in the context of the day to day operations of the Company; Pursuing the legitimate interests of the Company in managing and administering the holdings of the non-natural person in the Company and any related account on an ongoing basis.
Complying with any applicable legal, tax or regulatory obligations imposed on the Company including legal obligations under Company law, the UCITS Regulations, Central Bank UCITS Regulations, under tax law and under anti-money laundering / counter terrorist financing legislation Compliance with a legal obligation to which the Company is subject.
  • Carrying out statistical analysis and market research;
  • Recording, maintaining, storing and using recordings of telephone calls and electronic communications that you make to and receive from the Company, the Service Providers and their delegates or duly appointed agents and any of their respective related, associated or affiliated companies for any matters related to investment in the Company, dispute resolution, record keeping, security and/or training purposes; and
  • direct marketing of any other sub-fund of the Company.
 Pursuing the legitimate interests of the Company.

The personal data collected from you or provided by you or on your behalf in connection with your holdings in the Company will be collected, stored, disclosed, used and otherwise processed by the Service Providers on behalf of the Company for the purposes outlined in the table below.

Maple-Brown Abbott Limited as a data controller of your personal data may also collect, store, disclose, use or otherwise process your personal data for the purposes outlined in the table below.

Processing Activity by Maple-Brown Abbott Limited Legal Basis for Processing
  • Complying with any applicable legal, tax or regulatory obligations imposed on Maple-Brown Abbott Limited including legal obligations under anti-money laundering / counter terrorist financing legislation; 
  • Assisting with any subsequent screening of you in connection with your investment in other funds or products of Maple-Brown Abbott Limited.
 Pursuing the legitimate interests of Maple-Brown Abbott Limited.

Please note that where personal data is processed for purposes of legitimate interests, you have a right to object to such processing and the Company and its appointed Service Providers will no longer process the personal data unless it can be demonstrated that there are compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Consent

Your consent is not required to process your personal data for the purposes referenced above. However, in order to process your personal data for the purposes outlined below, the Company and Maple-Brown Abbott Limited seek your consent.

Profiling and Screening

The Company and its appointed Service Providers may engage in PEP screening and financial sanctions screening programs defined by the European Union (EU), the United Nations (UN), His Majesty’s Treasury (HMT) and the Office of Foreign Assets Control (OFAC) for the purposes of complying with the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as may be amended or replaced from time to time and with UN, EU and other applicable sanctions regimes. The implementation of such PEP screening and financial sanctions screening programmes may result in the Company or its Service Providers refusing an application for Shares in the Company or delaying or refusing to make any redemption payment or distribution payment to you if you, your directors or any beneficial owner of your Shares appear on such screening programmes. In the event that you are identified as a PEP as a result of the screening process, you may be required to provide additional information and/or documentation to the Company or its Service Providers. Such processing, which may reveal your political opinion, is considered lawful on the grounds of substantial public interest permitted under Article 9(2)(g) of the GDPR.

Undertaking in connection with other parties

By providing personal data to the Company, you undertake to be authorised to disclose to the Company relevant information applicable to the beneficial owner of the investment, to your directors and authorised signatories and to persons that own, directly or indirectly, an interest in the Company. In this respect you confirm that you have provided these persons with all the information required under applicable data protection law, notably regarding their data protection rights, and received from these persons their authorisation for the processing and transfer of their personal data to us.

Disclosures to Service Providers and / or Third Parties

Personal data relating to you which is collected from you or provided by you or on your behalf may be handled by Service Providers appointed by the Company and its or their duly appointed agents and any of related, associated or affiliated companies within the Maple-Brown Abbott and Northern Trust groups for the purposes specified above.

These Service Providers will be obliged to adhere to the data protection laws of the countries in which they operate.

The Company and/or Maple-Brown Abbott Limited may disclose your personal data to other third parties where required by law or for legitimate business interests. This may include disclosure to third parties such as auditors and the Central Bank of Ireland, regulatory bodies, taxation authorities and technology providers.

Transfers Abroad

Personal data collected from you or provided by you or on your behalf may be transferred outside of Ireland including to companies situated in countries outside of the European Economic Area (EEA) which may not have the same data protection laws as in Ireland. These countries include Australia and Malaysia.

Where data transfers outside of the EEA take place, the Company and/or the relevant Service Provider have taken the necessary steps to ensure that appropriate safeguards have been put in place to protect the privacy and integrity of such personal data, in particular ensuring the implementation of model contracts by the Service Providers and their affiliates.

Data Retention Period

The Company and its appointed Service Providers will retain all information and documentation provided by you in relation to your investment in the Company for such period of time as may be required by Irish legal and regulatory requirements, being at least six years after the period of your investment has ended or the date on which you had your last transaction with us.

Maple-Brown Abbott Limited will retain all information and documentation provided by you for the purpose of complying with legal, tax or regulatory obligations, assisting with any subsequent screening in connection of your investment in other funds or products of Maple-Brown Abbott Limited for a period of six years.

Your data protection rights

Please note that you have the following rights under the GDPR. In each case, the exercise of these rights is subject to the provisions of the GDPR:

  • You have a right of access to and the right to amend and rectify your personal data.
  • You have the right to have any incomplete personal data completed.
  • You have a right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you carried out by the Company infringes the GDPR.
  • You have a right to be forgotten (right of erasure of personal data).
  • You have a right to restrict processing.
  • You have a right to data portability.
  • You also have the right to object to processing where personal data is being processed for direct marketing purposes and also where the Company or a Service Provider is processing personal data for legitimate interests.

Where you wish to exercise any of your data protection rights against the Company or against Maple-Brown Abbott Limited, please contact us via the details provided below under “Contact Us”.

The Company or its Service Provider will respond to your request to exercise any of your rights under the GDPR in writing, as soon as practicable and in any event within one month of receipt of your request, subject to the provisions of the GDPR. The Company or its Service Provider may request proof of identification to verify your request.

Failure to provide personal data

As outlined in the section titled “Purposes of Processing and Legal Basis for Processing”, the provision of personal data by you is required for us to manage and administer your holdings in the Company and so that we can comply with the legal, regulatory and tax requirements referenced above. Where you fail to provide such personal data in order to comply with anti-money laundering/counter terrorist financing or other legal requirements, in certain circumstances, we may be prohibited from making redemption or any applicable dividend payments to you and/or may be required to discontinue our business relationship with you by compulsorily redeeming your shareholding in the Company.

Changes to this Notice

We reserve the right to update this Notice at any time without prior notice, and will make any updated version available on our website. This is currently available on the link maple-brownabbott.com/privacy-policy

Contact us

If you have any questions or require any further information, please email us at dataprivacy@maple-brownabbott.com.