Privacy Policy

The privacy of your personal information is important. Personal information is collected in order to provide you with the products and services offered including assessing your application and issuing Units in the Fund and managing and administering your investment in the Fund. Certain laws may require the Trustee and the other service providers to collect personal information, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The Trustee/Administrator collects personal information from the individual or their agent unless it is unreasonable or impractical to do so. The Trustee/Administrator may disclose and collect personal information from each other for the purposes referred to in this paragraph. Where an applicant is a company or a trust, the Trustee/Administrator may collect personal information from the company or trust, including name and contact details of a contact person, and names and addresses of major shareholders and directors. The Trustee/Administrator may also collect from applicants the names, addresses, and contact details of their accountants or agents. If the Trustee Trustee/Administrator does not collect your personal information, the Trustee/Administrator will not be able to issue you with Units in the Fund, redeem Units or manage or administer your investment.

The Trustee/Administrator may take steps to verify information collected which may involve disclosure to and collection from third parties of personal information. Additionally, your information may be disclosed to third parties for certain purposes that are outsourced, in which case confidentiality arrangements apply. Your personal information will not be disclosed to overseas recipients by the Trustee. The Trustee/Administrator aims to ensure that the personal information retained about you is accurate, complete, and up-to-date. If you provide incomplete or inaccurate information, it may not be possible to provide you with the products and services you are seeking. Each applicant will be required to acknowledge that in connection with the services provided to the Fund that their personal data may be transferred and/or stored in various jurisdictions in which the Trustee/Administrator and/ or its affiliates have a presence, including to jurisdictions that may not offer a level of personal data protection equivalent to the applicant’s country of residence. Each applicant will also be required to acknowledge in the Application Form that the Fund and the Trustee/Administrator may disclose the subscriber’s personal data to each other, to any affiliate, to any other service provider to the Fund or to any regulatory body in any applicable jurisdiction to which any of the Fund and the Trustee/Administrator is or may be subject. This includes copies of the applicant’s Application Form and any information concerning the applicant in their respective possession, whether provided by the applicant, the Trustee/Administrator or otherwise, including details of that applicant’s holdings in the Fund, historical and pending transactions in the Fund’s units and the values thereof, and any such disclosure, use, storage or transfer shall not be treated as a breach of any restriction upon the disclosure, use, storage or transfer of information imposed on any such person by law or otherwise. You acknowledge that any personal information you provide will be collected and handled in accordance with the Trustee’s privacy policies. Those privacy policies respectively contain further information about how an individual may access their personal information held by Trustee/Administrator and the other service providers and seek the correction of such information, how an individual may complain about a breach of the Australian Privacy Principles, and how the Trustee/Administrator and the other service providers respectively will deal with such a complaint. A copy of the policy of the Trustee’s privacy policy can be found at www.msc.group. By submitting any form or any other paperwork relating to your investment you consent to your personal information being collected and handled by the Trustee/Administrator in accordance with those policies.

Should you have any complaints, please notify the Investment Manager in writing or by phone using the contact details provided in the Corporate Directory. The Investment Manager will acknowledge any complaint within 10 Business Days of receiving it. The Investment Manager will endeavor to investigate any complaint and decide what action (if any) to take and to notify you of this decision in writing within 10 Business Days of receipt of your complaint.

This policy applies to personal information collected by Emerald Opportunities Fund Pty Ltd (ACN 630 539 543) and all of its wholly-owned subsidiaries, together referred to in this Policy as “Global Funds”, “us”, “our” or “we”. It outlines how Global Funds collects and uses your personal information in accordance with the Privacy Act 1988 and the Australian Privacy Principles.

• Providing products and services to you;
• Managing and administering the products and services; and
• Letting you know about our other products and services.

The type of information collected from you includes information necessary to operate your account or for us to provide financial services to you. We may ask you to provide personal information such as:

• Name;
• email address;
• residential and/or postal address;
• date of birth;
• contact details;
• bank account details; and
• financial details.

The personal information we collect about you comes primarily from your account application forms, engagement letters, or other product forms and through our ongoing communications with you. Global Funds may collect information about you in addition to what you voluntarily provide to us in order to comply with relevant laws and regulations. Wherever there is a legal requirement for us to ask for information about you, we will inform you of the obligation and the consequences of not giving us the requested information. For example, in addition to obtaining personal information from you when you acquire a new product or service from us, we will need to obtain certain documentary evidence from you as to your identity. Such evidence may include items such as a certified copy of your driver’s license, passport, or birth certificate.

We will not collect any personal information about you except where you have knowingly provided that information to us or we believe you have authorized a third party to provide that information to us. Any information collected from publicly available sources will be treated in the same way as the information you voluntarily disclose with strict confidence.

We only use and hold your personal information for the purpose of providing you with the financial service or products you have sought from us or for any other matters that are directly related to that purpose that you would reasonably expect.

The types of external organizations to which we often disclose your personal information include:

• any organizations involved in providing, managing or administering our products or services such as settlement agents, custodians or external dispute resolution services; your financial adviser;
• any fund administrator and custodian where you have invested in one of our managed funds;
• any financial institution who holds an account for you;
• any professional advisers appointed by us;
• businesses that may have referred you to us; and
• other Emerald Opportunities Fund associated entities located globally.

Like other financial services companies, there are situations where we may also disclose your personal information where it is:

• required by law (such as to the Australian Securities and Investments Commission or AUSTRAC);
• required by the relevant operating exchange such as ASX or Chi-X under the respective market operating rules and that information may be used by the market for its purposes (for example, in the course of compliance activities);
• authorized by law (such as where we are obliged to disclose information in the public interest or to protect our interests);
• necessary in discharging obligations (such as to foreign governments for the purposes of foreign taxation); and
• required to assist in law enforcement (such as to the police force)

We endeavor and use reasonable efforts to maintain physical, electronic, and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorized access, modification, or disclosure. We restrict access to information about you to those Global Funds personnel on a need-to-know basis for the purposes of providing services to you.

Although Global Funds endeavors to take steps to provide a secure environment to hold your personal information, there is no guarantee that the electronic information about you stored on the internet is totally secure due to the nature of the internet. However, once we detect any unauthorized access or any kind of potential abuse, we will notify you and at the same time take the appropriate remedial steps as early as practicably possible.

Once your relationship with Global Funds comes to an end and the service you have sought from us has been provided and completed or upon your request, Global Funds will destroy your personal information physically and electronically or de-identify your personal information unless it is contained in a Commonwealth record or Global Funds is required or authorized by an Australian law or a court or tribunal order to retain such information. For instance, your transaction records will be retained for a certain period of time after the transaction completes during which you may have already ceased to be our client.

Destruction of your personal information will be irretrievable. Depending on how we hold your information, paper records containing your personal information will be shredded before it is recycled. If your information is in electronic form, the way we destroy your personal information will vary depending on the kinds of hardware used to store personal information. It includes sanitizing the hardware to completely remove the stored information. For hardware that cannot be sanitized, we may instead de-identify your personal information or put the information beyond use.

If your information is stored in the cloud storage of our third-party vendors, we will notify our vendor promptly to destroy or de-identify your personal information in the same, or a significantly similar, way.

A “cookie” is a small text file that may be placed on a computer by a web server. Our websites may use cookies which may enable us to identify you or your browser while you are using our site. These cookies may be permanently stored on a computer or are temporary session cookies. They are used for a variety of purposes, including security and personalization of services. They are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. All browsers allow you to be notified when you receive a cookie and you may elect to either accept it or not. If you wish not to accept a cookie, this may impact the effectiveness of the website. Your internet service provider or other IT service provider should be able to assist you in setting your preferences.

Depending on the type of service or product we provide to you, your personal information may be disclosed to our associated entities, contractors and unaffiliated service providers located in other overseas jurisdictions such as the United States, Europe, and the Asia Pacific region (including, but not limited to, China, Hong Kong, and Singapore). The overseas jurisdictions that your personal information is subject to cross border disclosure may change from time to time.

Where Global Funds discloses your personal information to an overseas recipient, Global Funds will take steps to ensure the overseas recipient does not breach the obligations outlined in this Privacy Policy, however, Global Funds may be unable to ensure the overseas recipient does not breach the Australian Privacy Principles in relation to your information.

This may mean for information sent overseas you do not have the protection of, or any redress under, the Privacy Act. The overseas recipient may not be subject to privacy obligations equivalent to those under the Privacy Act and could be compelled by foreign law to make disclosure of the information. By using Global Funds services you consent to Global Funds making the disclosure to overseas recipients on this basis. We may also disclose your personal information when such disclosure of the information is required or authorized by or under an Australian law or a court/tribunal order.

We will give you access to your personal information within a reasonable time period in a manner requested by you. We may charge a reasonable fee to cover our costs. We may decline the access in the exceptional circumstances that are permitted under the Privacy Act. If this is the case we will inform you and explain the reasons why.

We will take reasonable steps to ensure that the personal information we collect, hold, use, or disclose is accurate, complete, up to date, relevant, and not misleading. Reasonable steps that we may take include updating your personal information from public sources such as a telephone directory.

Please be aware that you are also responsible to notify us of any incorrect personal information we may hold as promptly as possible.

We will respond to your request to correct your personal information we hold within 30 calendar days after the request is made. There will be no charge for the making of any request. We may refuse to correct your personal information we hold about you if we do not agree with the corrections you have supplied. When we refuse your request, we will give you a written notice to that effect and an information statement if requested.

If you believe that we have mishandled your personal information, you may lodge a complaint with our Privacy Officer in writing, by mail or fax to the address or fax number set out at the end of this Policy. The Privacy Officer will acknowledge the receipt of your complaint as promptly as possible after we receive your complaint. We will endeavor to investigate and resolve your complaint within 30 calendar days. If we are unable to resolve your complaint, you can lodge a complaint with the Australian Information Commissioner by:

• Submitting an online form through the Information Commissioner’s website: www.oaic.gov.au
• Submitting a hard copy form which can be obtained at https://forms.business.gov.au/smartforms/landing.htm?formCode=APC_PC
• fax to 02 9284 9666
• email at enquiries@oaic.gov.au

This Policy is subject to change from time to time as Global Funds considers necessary. We will publish material changes by making them available on our website.