MaxCap Group Holdings Pty Ltd including all its subsidiaries (“MaxCap”) is committed to protecting your personal information and to complying with the Privacy Act 1988 (Cth) and Australian Privacy Principles, and any other applicable privacy laws and regulations. We are also committed to ensuring that our employees are aware of their obligations in relation to the protection of personal and sensitive information.

 

PERSONAL AND SENSITIVE INFORMATION

Personal information is any information that identifies a person or can be reasonably used to identify a person.

Sensitive information means information about a person’s race or ethnic origin, political opinions, religious beliefs, sexual orientation, membership in trade or professional associations or trade unions, criminal record, health or medical information.

Collection and Retention of Personal and Sensitive Information

MaxCap will only collect information that is relevant and reasonably necessary to enable MaxCap to provide products and services. The information MaxCap may collect includes (but is not limited to) your full name, address and contact details, tax file number, date of birth, residency, citizenship, bank account and financial details.

MaxCap is also required to obtain documentation such as copies of a driver’s licence, passport or other such information as is required to comply with its legal obligations including identity verification, tax reporting and withholding and under the Anti-Money Laundering and Counter-Terrorism Financing (“AML/CTF”) legislation.

MaxCap collects personal information directly from individuals, financial advisers, lawyers, authorised representatives, or through our Administrator and Registry. This may occur via application forms, communications with us including online forms on our website, transaction records, employment applications, marketing activities, or from third parties, depending on how you interact with us.

We only collect information from third parties with your consent or where it is impractical to do so otherwise. Providing your personal information is optional. However, if you choose not to provide it, we may be unable to offer you certain services.

If you are acting on behalf of a financial adviser, or a corporate or institutional client (including in your capacity as an employee or officer), we may collect additional personal information about you as necessary to provide our products and services to you and the client you represent.

Generally, we will not collect Sensitive Information. If we need to collect such information, it will be with your consent or as allowed by the Australian Privacy Principles.

 

USE AND DISCOLSURE OF INFORMATION

MaxCap offers various products and services to its investors, as well as financing or capital solutions to potential clients. MaxCap collects personal information for the following purposes:

(a) maintaining transaction records for business, legal and customer service purposes;
(b) verifying identity, processing applications, and administering products and services;
(c) managing and improving our operations, including internal accounting, and administration;
(d) providing account information and regular investment statements;
(e) responding to inquiries, complaints, and ensuring compliance with our Target Market Determinations (where applicable);
(f) enhancing investor or client relationships and identifying new investment opportunities;
(g) evaluating investment proposals including personal guarantees and conducting bankruptcy and credit checks;
(h) notify clients of updates or changes to products and services;
(i) providing information about MaxCap and its investment offerings;
(j) analysing website usage to improve functionality and user experience;
(k) complying with legal and regulatory obligations.
(l) sending direct marketing communications, event invitations and promotional materials that we believe may interest you.

Personal information will not necessarily be made available to all MaxCap staff. Access to personal information will generally be restricted to staff who require the information for the purposes outlined above. Where possible, personal information will only be used or disclosed for the primary purpose for which it was collected (or a related purpose), unless consent is provided for another purpose or if MaxCap is permitted by law. In certain circumstances, MaxCap may disclose personal information for a secondary purpose.

Personal information is only used or disclosed for the purposes it was collected for, including for:

• providing the services you request (including financial services); or
• managing its business operations including employment and recruitment processes.

Personal information will only be used or disclosed for other purposes where:
it is used for a related purpose;

• MaxCap has your consent (including consent advised by people authorised by you including your Financial Advisor, Power of Attorney or Lawyer);
• MaxCap is required by law to disclose the information; or
• MaxCap believes it is reasonably necessary to do so (for example where disclosure is reasonably necessary to deal with a serious threat to life, health or safety).

In addition, MaxCap may from time to time use your personal information (but not sensitive information) for direct marketing purposes such as event invitations and promotional materials. We will not use your information for marketing purposes if you have asked us not to. You can opt out of receiving marketing information from MaxCap at any time.

MaxCap may disclose personal information to recipients located in other countries. When transferring data internationally, MaxCap will ensure that appropriate safeguards are in place to protect the privacy and security of your personal information. MaxCap will only share personal information to third parties for the purposes set out in this Policy. MaxCap will require that any third party will only use that personal information for the purposes for which it was disclosed.

Secondary purpose

MaxCap may use or disclose personal information for secondary purposes if it is reasonably expected for those purposes. MaxCap can (and Individuals consent and authorise to) disclose any information about the individual for the secondary purposes listed below under the Privacy Principles:

(a) When reasonably expected and related to the primary purpose;
(b) When required by law or court order;
(c) To address serious threats to health or safety;
(d) To take action against suspected unlawful activity or misconduct;
(e) To assist in locating a missing person;
(f) For legal claims;
(g) For confidential dispute resolution;
(h) For enforcement activities by an enforcement body.

MaxCap will act reasonably on disclosures under the Privacy Principles and does not sell personal information.

Disclosing personal information to third parties

Occasionally MaxCap requires external organisations to provide a service for purposes which are necessary to conduct the functions or activities of its core business. This may include:

• Financial institutions
• Administrators who provide fund accounting, unit registry, custodial and other services
• Professional advisers such as auditors, legal advisers, accountants or consultants
• Regulators, government agencies, law enforcement bodies and tax authorities
• Other third parties where required, or allowed under law, or in connection with legal proceedings.

MaxCap will take such steps as are reasonable in the circumstances to ensure these organisations both inside and outside of Australia deal with personal information in accordance with this policy and the Privacy Principles.

 

SECURITY AND ACCESS TO PERSONAL INFORMATION

Security and Storage of Information

MaxCap takes reasonable steps to protect and secure personal information from loss, misuse, theft and unauthorised modification, access or disclosure. We employ multiple layers of security measures including multi-factor authentication, encryption, firewalls, intrusion detection systems, real-time monitoring, and anti-virus technology to prevent unauthorised access. In addition, we use secure login credentials, VPN for remote access, password-based authentication, regular penetration testing, and security awareness training to ensure the security of our digital systems and data.

MaxCap takes reasonable steps to destroy or permanently de-identify personal information when it is no longer needed, except where we are legally obligated to retain it. For example, certain identification information must be retained in accordance with the AML/CTF laws.

Accuracy of Personal Information

MaxCap will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date.

We seek your assistance by asking you to contact our Client Services Team ( 1300 796 224 or clientservice@maxcapgroup.com.au) if your personal information changes or if you believe the information held on file is incomplete or requires updating. MaxCap will take reasonable steps to correct and maintain the accuracy of your information.

Access to Personal Information

Under legislation, individuals have a right to access their records, subject to some exceptions. If you seek access to the personal information which MaxCap holds about you, MaxCap will make available to you the personal information to which you are entitled.

In certain circumstances, MaxCap may not provide access, such as where:

• access would have an unreasonable impact on the privacy of others;
• we are required by a law enforcement agency to withhold the information;
• the information may affect current legal proceedings; or
• the information may affect the health or safety of another individual.

MaxCap is permitted to charge you for reasonable costs incurred in providing you with access to your information, but there will be no charge for lodging a request for access.

Data Breach Notification

In the event of a data breach that is likely to result in serious harm to individuals, MaxCap will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) under the Notifiable Data Breaches Scheme. The notification will include details of:

• the breach;
• the type of information involved; and
• mitigating steps MaxCap is taking to minimise the impact of the breach.

How to make a privacy complaint

If you believe we have breached your privacy or mishandled your personal information, you may contact us to raise your concerns. We take privacy complaints seriously and will investigate any matter raised.

To make a complaint, please contact:

Client Services Team
Phone: 1300 796 224
Email: clientservice@maxcapgroup.com.au
Post: Level 34, Queen & Collins Tower, 376-390 Collins Street Melbourne, VIC 3000

We will acknowledge your complaint promptly and aim to respond within a reasonable timeframe.

If you are not satisfied with our response, you may refer your complaint to the OAIC.