Privacy Statement

DENNING INVESTMENT PARTNERS PTY LTD PRIVACY POLICY

This Privacy Policy applies to Denning Investment Partners Pty Ltd (ACN 613 849 460, AFSL 513856) (Company) and its related bodies corporate and its affiliates and all the authorised representatives, directors and employees of the Company (collectively, Denning).

Denning is bound by the Australian Privacy Principles (the APP) of the Privacy Act 1988 (Cth) of Australia and the New Zealand Information Privacy Principles (IPP, together with the APP, the Principles) under the Privacy Act 2020 of New Zealand and is committed to safeguarding personal information it may hold at any time in respect of any individual, including clients and individuals who are officers of clients, in accordance with the requirements of those Principles. “Personal information” for the purposes of this Policy is information about, and which identifies individuals, whether that information is obtained from the relevant individual or a third party.

This Privacy Policy summarises the type of personal information we collect and how we handle that information. Denning may, in connection with particular services it offers or provides, make other privacy disclosures to clients or seek their authority to use personal information in ways which are different from or more specific than those stated in this Privacy Policy. In the event of any inconsistency between the provisions of this Privacy Policy and those additional materials, the additional materials will prevail.

Collection of personal information

 

To the extent Denning is bound by the Principles, it will:

  • take reasonable steps to ensure that if personal information is used, it is accurate, complete and up-to-date;
  • take reasonable steps to protect personal information from misuse, loss or unauthorised access, modification or disclosure;
  • provide access to an individual about his/her personal information if Denning still holds it;
  • only transfer personal information overseas about the individual with his/her consent, or as authorised by the Principles.
What personal information do we collect?

 

Denning will collect personal information which it believes is necessary for it to deliver its services or products, or otherwise for its primary business functions and/or activities (for example, personal information it collects from employees). Denning will ordinarily only collect personal information when provided at the time of collection to Denning or when it is provided to Denning with an individual’s authority, and the individual will generally be told (either directly or indirectly) the purposes for which that information is being collected. The information Denning will collect is bespoke and dependent on the nature of the transaction or purpose. Denning does not generally collect sensitive information unless required by applicable laws or with the individual’s consent. Sensitive information includes information about health, religious or political beliefs, membership of trade or professional associations or a criminal record.

 

Denning will collect personal information directly when it can; for example over the telephone, through electronic means or in person or through the mail or a secured online sharing platform.

 

Denning may also collect personal information about individuals from third parties. For example, through a brokerage channel with access to personal information that is or may be necessary for Denning to provide the services or products.

 

If, at any time, Denning seeks to obtain personal information from a third party, Denning will ask the third party to ensure that they are authorised to provide the information to Denning and to agree to inform the individual who Denning is, the purposes for which Denning collects the information, that Denning may use and disclose the information and that the individual may gain access to it should Denning hold that information. If required by law, Denning will obtain the individual’s consent to collect information from third party sources.

 

Apart from the necessity to collect information in order to provide a product or service or maintain a business relationship, the purposes for which Denning may generally collect (and use) personal information includes:

  • complying with any legislative and regulatory requirements to the extent they apply to Denning (including any requirements of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) to identify certain individuals);
  • contacting you regarding investment opportunities or services Denning offers which Denning considers may be of interest to a business (unless asked not to);
  • to undertake credit checks of you (if appropriate);
  • assessing, processing and managing an application by you to be an investor, borrower or guarantor, including to verify your identity and conduct background checks; and
  • performing administrative operations, including accounting, risk management, record keeping, archiving, systems development and systems testing.
Use and disclosure of personal information

 

In general, Denning will not use or disclose personal information collected about an individual, otherwise than for a purpose set out in this Privacy Policy, a purpose that would be reasonably expected, a purpose required or permitted by law, or a purpose otherwise disclosed to, or authorised by, the individual.

 

By communicating (whether verbally or in writing), you consent to the information you provide being collected, stored, used and disclosed by Denning in accordance with this policy.

 

Subject to what is permitted by law, the types of third parties to which Denning may disclose personal information include:

  • its agents, contractors and external advisers engaged from time to time to carry out, or advise on, functions and activities ;
  • an individual’s agents and contractors;
  • regulatory bodies, government agencies, law enforcement bodies and courts;
  • any person or organisation who introduces the individual to Denning, such as a broker;
  • its investors and financiers;
  • credit reporting bodies (if you fail to meet your obligations in relation to consumer credit or commit a serious credit infringement); and
  • insurers or prospective insurers and their underwriters.

 

These parties are prohibited from using personal information except for the specific purpose for which it is supplied to them.

 

In some cases, Denning may need to transfer personal information overseas. If Denning believes that the overseas third party is not subject to privacy obligations equivalent to those which apply to Denning or has not agreed to protect the information in a similar way, Denning will seek the individual’s consent to transfer the information, except where the Principles do not require such consent to be obtained. Unless consent is procured from the individual concerned in those circumstances, no personal information will be disclosed to recipients outside of Australia or New Zealand.

Dealing with Denning online

 

Denning’s system may record an individual’s access to its website, whether directly or via a third party’s website, although Denning will only be able to identify individuals personally if the individual provides his/her details (e.g. email address or a personal log on to access a service).

 

If an individual provides Denning with an email address while visiting Denning’s website, it will only be used for the purpose for which it is provided. Denning may use email addresses however to respond to a message sent to Denning or to provide information about a particular service offered by Denning.

 

Denning uses “cookies” for record keeping purposes. When an individual accesses Denning’s website, Denning may use cookies to enable Denning to authorise access to parts of Denning’s website, to record the webpages an individual visits while visiting the website and details such as the length of visit and information about the type of computer or software used.

Access to personal information by individuals

 

Under certain circumstances, Denning will not tell an individual what personal information Denning holds about the individual. This includes where:

  • it would have an unreasonable impact on the privacy of other individuals;
  • the information relates to legal proceedings with the individual;
  • the information would reveal a commercially sensitive decision-making process; or
  • Denning is prevented by law from disclosing the information or providing access would prejudice certain investigations.

 

Denning may charge a fee in connection with an individual accessing his/her personal information.

Security of personal information

 

Denning will take all reasonable steps to protect personal information from misuse and loss and to prevent unauthorised access to, and modification and disclosure of, personal information.

 

If Denning no longer needs the personal information and is no longer required by law to be in possession of the personal information, Denning will use its reasonable endeavours to destroy or permanently de-identify it.

 

Unless expressly authorised or required during the performance of day-to-day work duties, Denning will not disclose the personal information without your prior consent.

Government identifiers

 

Denning will not adopt as its own identifier tax file numbers, Medicare numbers, pension numbers or any other government identifier. Denning will take reasonable steps to protect unique identifiers from being misused and will only use and disclose these numbers for the purposes required by law.

Complaints about breaches of privacy

 

Denning will make every effort to resolve internally any complaint in connection with the privacy of personal information. Clients (which includes borrowers and investors) who would like to complain about a breach of the Principles or this policy or would like to request access to, or correction of, the personal information Denning holds about them are informed to contact info@denningpartners.com.

Dealing with a data breach

 

Within 30 days of Denning becoming aware of a data breach, it will carry out a reasonable and expeditious assessment of whether there are reasonable grounds to believe there has been an eligible data breach (as (as defined under Section 26WE of the Privacy Act 1988 (Cth)) in accordance with the Denning Data Breach Response Plan.

 

If Denning is affected by a data breach involving personal information that causes serious harm, or is likely to cause serious harm, Denning will comply with its internal policy and notify you and the Office of Australian Information Commissioner (“OAIC”) or the Office of Privacy Commissioner (“OPC”) of New Zealand (as applicable) of any such data breach as soon as practicable.

 

When assessing whether access or disclosure would be likely to result in serious harm, Denning will have regard to the kind, and sensitivity, of information, whether the information is protected by one or more security measures and if so, the likelihood that any of those security measures can be overcome, the kind/s of persons that have access to the information and the nature of the harm7.

 

The OAIC or the OCP (as appropriate) may be asked to investigate any complaint that is not dealt with satisfactorily by Denning.

 

Record keeping of personal information

 

Denning will keep electronic records of personal information, and such personal information may be shared with our service providers, in offsite backups or storage centres.

 

If you are considering sending us any personal information through electronic means, please be aware that the information may be insecure in transit, particularly where no encryption is used (e.g. email, standard HTTP).

 

Changes to this Privacy Policy

 

Denning may change this Privacy Policy from time to time. Denning will provide a current copy of this Privacy Policy upon request received by letter or email.