Privacy Policy

1. Introduction

We recognise the importance of ensuring the confidentiality and security of your personal information.

We are bound by the Australian Privacy Principles (‘APPs’) and the Privacy Act 1988 (‘Privacy Act’). This Policy outlines our practices, procedures and systems to manage and protect your personal information in accordance with the Privacy Act and the APPs. This Policy applies to the following entities:

Harris Capital Pty Ltd

Straight Bat Private Equity Pty Ltd

Mosaic Private Pty Ltd

These entities are collectively referred to in this Policy as ‘Harris Capital’, ‘we’, ‘our’ or ‘us’.

All third parties (including clients, suppliers, sub-contractors, or agents) that have access to or use personal information collected and held by Harris Capital must abide by this Policy.

This Policy is available free of charge by contacting the Privacy Officer or can be downloaded from the Privacy Policy page on our website: www.Harris Capitalprivate.com.

In this Policy:

Credit information is personal information (other than sensitive information) that relates to an individual’s credit history or credit worthiness, and is further defined in the Privacy Act;

Disclosure of information means providing information to persons outside Harris Capital;

Individual means any persons whose personal information we collect, use or disclose;

Personal information means information or an opinion relating to an individual, which can be used to identify that individual;

Privacy Officer means the contact person within Harris Capital for questions or complaints regarding Harris Capital’s handling of personal information;

Sensitive information is personal information that includes information relating to a person’s racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and use of information means use of information within Harris Capital.

2. What kinds of personal information do we collect and hold?

We may collect and hold the following kinds of personal information about individuals:

name;

address;

phone numbers;

email addresses;

occupation;

bank account details;

drivers’ licence and/or passport details;

financial information, including details of your:

investments;

insurance policies;

superannuation;

income;

assets and liabilities;

taxation information such as tax returns;

credit information; and

any other information that is relevant to the services that we provide.

3. How we collect personal information

We generally collect personal information directly from you. For example, personal information will be collected when an individual opens an account with us, visits our website, or sends us correspondence.

Sometimes we may collect personal information about the individual from a third party, including the kinds of organisations and individuals described in section 8 below. When we are provided with personal information from a third party, we will take reasonable steps to ensure that you are made aware of this Policy. An individual may also appoint us as their agent to obtain credit information about them from a credit reporting body or credit provider, to assist us in providing our credit assistance services to them.

We will not collect sensitive information about you without your consent, unless an exemption under the APPs applies. These exemptions include if the collection is required or authorised by law or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.

If the personal information we request is not provided by you, we may not be able to provide you with the benefit of our services, or meet your needs appropriately.

We do not give you the option of dealing with us anonymously, or under a pseudonym. This is because it is impractical, and in some circumstances illegal, for us to deal with individuals who are not identified.

4. Unsolicited personal information

We may receive unsolicited personal information about individuals. Our employees are required to notify the Privacy Officer of all unsolicited personal information received by them. We destroy or de-identify all unsolicited personal information we receive, unless it is relevant to our purposes for collecting personal information.  We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect.  If we do this, we will retain the information in the same way we hold your other personal information.

5. Who do we collect personal information about?

The personal information we may collect and hold includes (but is not limited to) personal information about the following individuals:

clients;

prospective clients;

service providers or suppliers;

prospective employees, employees and contractors; and

other third parties with whom we come into contact.

6. Website collection

We collect personal information from our web site (www.harris.capital) when we receive emails or when you complete an online form or login to our Investor Portal. We may also use third parties to analyse traffic at that web site, which may involve the use of cookies. Information collected through such analysis is anonymous. We do not pass on any personally identifiable information through this analysis.  However, the data we collect may be combined with other information which may be identifiable of you. We also know that some clients like to engage with us through social media channels. We may collect information about you when you interact with us through these channels. However, for all confidential matters, we’ll ensure we interact with you via a secure form.

7. Use and disclosure of personal information

We may use and disclose the personal information we collect about you for the following purposes:

implement your instructions;

provide you with private credit, commercial brokerage, debt advisory or business advisory services;

provide you with financial product advice;

apply for, acquire, vary or dispose of financial products on your behalf;

report on the performance of your investments;

let you know about other products or services we offer or invite you to events;

perform our duties as investment manager of the Harris Capital Capital Fund;

conduct our business and perform other management and administration tasks;

consider your concerns or complaints and manage legal actions involving us;

comply with relevant laws, regulations and other legal obligations; and

help us improve the products and services, and enhance our overall

We may use and disclose your personal information for any of these purposes.  We may also use and disclose your personal information for secondary purposes which are related to the primary purposes set out above and in other circumstances authorised by the Privacy Act.

Sensitive information, such as health information, will be used and disclosed only for the purpose for which it was provided (or a directly related secondary purpose), unless you agree otherwise or an exemption in the Privacy Act applies.

8. Who might we disclose personal information to?

We may disclose personal information to:

our related entities;

the Trustee for the Harris Capital Capital Fund;

our investment project partners;

any financial institution who holds an account for you;

any professional advisers appointed by us;

businesses that may have referred you to us;

an agent, professional adviser or service provider we engage to carry out our functions and activities, such as our lawyers, accountants, information and IT managers, and identity verification services;

organisations involved in a transfer or sale of all or part of our assets or business;

organisations involved in managing payments, including payment merchants and other financial institutions such as banks;

regulatory bodies, government agencies, law enforcement bodies and courts;

anyone else to whom you authorise us to disclose it or to whom disclosure is required by

If we disclose your personal information to service providers that perform business activities for us the service provider may use your personal information only for the specific purpose for which we supply it. We will ensure that all contractual arrangements with third parties adequately address privacy issues, and we will make third parties aware of this Policy.

9. Sending information overseas

We are unlikely to disclose your personal information to overseas recipients. You may choose to send us documents via a cloud storage service, such as DropBox. These cloud storage service providers may have servers located overseas. However, we will not disclose or store your personal information on cloud storage services located overseas.

If it is necessary for us to disclose your personal information to overseas recipients, we will not do so unless:

we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act and the APPs;

the recipient is subject to an information privacy scheme similar to the Privacy Act; or

the individual has consented to the disclosure.

If you consent to your personal information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

10. Security of your personal information

We recognise the importance of securing the personal information of our clients.  We will take steps to ensure your personal information is protected from misuse, interference or loss, and unauthorised access, modification or disclosure.

Your personal information is generally held in our computer database. Any paper files are stored in secure areas. In relation to information that is held on our computer database, we apply the following guidelines:

password complexity is enforced, and employees are required to change their password at regular intervals;

data ownership is clearly defined;

we change employees’ access capabilities when they are assigned to a new position;

employees have restricted access to certain sections of the system;

the system automatically logs and reviews all unauthorised access attempts;

unauthorised employees are barred from updating and editing personal information;

all computers which contain personal information are secured both physically and electronically;

data is encrypted during transmission over the network; and

print reporting of data containing personal information is limited.

Where our employees work remotely or from home, we implement the following additional security measures:

two-factor authentication is enabled for all remote working arrangements;

we ensure that employees only have access to personal information which is directly relevant to their duties;

employees are not permitted to work in public spaces;

we use audit trails and audit logs to track access to an individual’s personal information by an employee;

we monitor access to personal information, and will investigate and take appropriate action if any instances of unauthorised access by employees are detected;

employees must ensure that screens are angled so that they cannot be used by anyone else, and are locked when not in use;

employees must ensure that no other member of their household uses their work device;

employees must store devices in a safe location when not in use;

employees may not make hard copies of documents containing personal information, nor may they email documents containing personal information to their personal email accounts; and

employees may not disclose an individual’s personal information to colleagues or third parties via personal chat groups.

If we have reasonable grounds to believe that a data breach has occurred, we will take all reasonable steps to assess if there has been unauthorised access to or disclosure of your personal information, or loss of your personal information. We will also assess if this is likely to result in serious harm to you or others. This assessment will always be completed expeditiously and within 30 days.

If we find that there has been a data breach that is likely to cause you serious harm, and we are unable to prevent the likely risk of serious harm with remedial action, the breach will be reported to you and the Office of the Australian Information Commissioner.

11. Direct marketing

We may only use personal information we collect from you for the purposes of direct marketing without your consent if:

the personal information does not include sensitive information; and

you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and

we provide a simple way of opting out of direct marketing; and

you have not requested to opt out of receiving direct marketing from us.

If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us.  We will draw your attention to the fact you may make such a request in our direct marketing communications.

You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations.  We must give effect to the request within a reasonable period of time.  You may also request that we provide you with the source of the other organisation’s information.  If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.

12. Identifiers

We will not use identifiers assigned by the Government (such as drivers’ licence numbers) for our own file recording purposes, unless one of the exemptions in the Privacy Act applies.

13. How do we keep personal information accurate and up-to-date?

We are committed to ensuring that the personal information we collect, use and disclose is relevant, accurate, complete and up-to-date.

We encourage you to contact us to update any personal information we hold about you. If we correct information that has previously been disclosed to another entity, we will notify the other entity within a reasonable period of the correction. Where we are satisfied information is inaccurate, we will take reasonable steps to correct the information within 30 days, unless you agree otherwise. We do not charge you for correcting the information.

14. Access to personal information

Subject to the exceptions set out in the Privacy Act, you may gain access to the personal information that we hold about you by contacting the Privacy Officer. We will provide access within 30 days of your request. If we refuse to provide the information, we will provide reasons for the refusal.

We will require identity verification and specification of what information is required.  An administrative fee for search and photocopying costs may be charged for providing access to your personal information.

15. Updates to this policy

This Policy will be reviewed from time to time to take account of new laws and technology, and changes to our operations and the business environment. All changes to this Policy will be approved by our Director(s).

16. Responsibilities

It is the responsibility of management to inform employees and other relevant third parties about this Policy.  Management must ensure that employees and other relevant third parties are notified of any changes to this Policy.  All new employees are to be provided with timely and appropriate access to this Policy, and all employees are provided with training in relation to appropriate handling of personal information.  Employees or other relevant third parties that do not comply with this Policy may be subject to disciplinary action.

17. Non-compliance and disciplinary actions

Privacy breaches must be reported to management by employees and relevant third parties.  Ignorance of this Policy will not be an acceptable excuse for non-compliance.  Employees or other relevant third parties that do not comply with this Policy may be subject to disciplinary action.

18. Enquiries and complaints

If you have any questions, want to access your personal information or wish to make a complaint about how we have dealt with your personal information you can contact:

Brad Harris – Privacy Officer

Level 1 – 572 Swan Street, Burnley VIC 3121

03 8592 6653

brad@harris.capital

If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner at:

Office of the Australian Information Commissioner

Ph: 1300 363 992

enquiries@oaic.gov.au

GPO Box 5288

SYDNEY NSW 2001

You can learn more about the Privacy Act and your rights at www.privacy.gov.au