Privacy policy

Maple Brown Abbott Limited (Antipodes) understands and appreciates that you, as an MBAL website visitor, are concerned about the confidentiality and security of information MBAL may collect about you. MBAL is committed to providing you with information on our services within a secure and confidential on-line environment.

By accessing this website you consent to the processing by us and our agents and service providers of any personal data provided by you when you use our website.

Our privacy statement sets out, for your information:

What information we collect from you

The types of personal data that we collect from you generally include your name, contact details such as your email address and telephone number and location.

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.

If you browse on the website, read or download information, our system will record the date and time of your visit and the pages viewed and information downloaded.

Use and disclosure of information

Any information we collect from you, may be used by any entity carrying out functions on behalf of MBAL for the purpose of:

  1. enabling MBAL to provide services;
  2. providing information to you in accordance with your requests;
  3. the purposes of enabling MBAL to undertake research, planning, product development, risk assessment, risk modelling and marketing;
  4. such other purposes as individuals would reasonably expect their personal information to be used for; and any other purpose required by or to the extent permitted by law.

 

We will only disclose personal information to third party entities, whether in Australia or any overseas jurisdiction, carrying out functions on behalf of MBAL on a confidential basis. You should note that information we collect from you may also be disclosed to third parties if that disclosure is required by or to the extent permitted by law.

Security of your information

MBAL regards the security of your personal information as a priority and takes all reasonable steps to protect your information from loss and unauthorised access, destruction, use, modification or disclosure.

The Company has implemented various safeguards to keep your personal information secure, including information and communication technology security, access security, internal training programs and managed detection and response service.

While we take reasonable steps to preserve the security of your personal information, there are inherent risks in transmitting and storing information and we cannot ensure or warrant the security of any information we hold.

From time to time the website may contain links to other websites, and MBAL is not responsible for the privacy practices or the content of these websites.

Cookies

A cookie is a small data file placed on your computer by Antipodes’ server. A cookie contains information about your visit to the website. When you visit the website 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 website. We do not use the cookie to store personal information about you. MBAL uses browser cookies to improve the speed and reliability of our security system. It is recommended that you turn off any cookie warnings in your browser before using this website, otherwise you may not be able to use the full functionality of this website.

Acceptance and changes to privacy statements

You acknowledge and accept that your use of the website indicates your acceptance of the website terms and conditions of use and this Privacy Statement. This Privacy Statement may change from time to time, so please check back occasionally. Any information collected after an amended Privacy Statement has been posted on this website will be subject to that amended Privacy Statement.

Access and updating of information

You are able to access and update the personal information that we hold about you at any time. To amend personal information that MBAL holds you should contact the Privacy Officer via the details below.

If you wish to request access to any other personal data which we hold about you as a result of our information collection practices outlined in this Privacy Statement, please refer to the “Contact details” section below.

If you have a privacy complaint

At Antipodes, we value our customers. We will always aim to be fair and responsive. If you have a privacy complaint, you have the right to expect that we will handle it in a friendly and professional way. When we receive a complaint, we receive this as valuable feedback that may help us improve our services and to ensure your needs are met in a satisfactory and appropriate manner.

If you wish to complain, at any time, about the handling, use or disclosure of your personal information, you can provide your written complaint by email, letter or by personal delivery to any one of our contact details noted below.

We will make all efforts possible to investigate your complaint and advise you of the outcome as soon as possible. Your complaint can also be taken to the Office of the Australian Information Commissioner, who can be contacted at:

Office of the Australian Information Commissioner (OAIC)
Level 3, 175 Pitt Street
Sydney NSW 2000
Visit www.oaic.gov.au

If the matter is not resolved to your satisfaction, you can then refer your complaint to the Australian Financial Complaints Authority (AFCA), who can be contacted at:

Australian Financial Complaints Authority
GPO Box 3
Melbourne VIC 3001
Phone 1800 931 678 (free call)
Visit afca.org.au

Contact Details

Please contact our Privacy Officer using the details set out below if you wish to:

  • ask any questions or provide feedback about this Privacy Statement;
  • request a copy of our Privacy Policy;
  • make a request for access to or to update to any personal data that we may hold about you; or
  • make a complaint about the way in which we have handled your personal data.

 

Privacy Officer
By mail: PO Box R1313, Royal Exchange NSW 1225, Australia
By email: Risk.Compliance@pinnacleinvestment.com

Any information that we provide in response may be limited to the extent permitted by any applicable law.

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.