1. Fiduciary Commitment to Privacy
ASSET PACIFIC PTY LTD (ACN Registered, incorporated in Victoria, Australia, headquartered at Level 7/303 Collins Street Melbourne VIC 3000) is committed to protecting the privacy of personal and financial information entrusted to us by wholesale clients, institutional investors, syndicate participants, and corporate partners.
We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth), the Notifiable Data Breaches (NDB) scheme, and applicable statutory guidelines issued by the Office of the Australian Information Commissioner (OAIC). This Privacy Policy explains our practices regarding the collection, storage, use, and cross-border disclosure of personal data.
2. Categories of Information Collected
In our capacity as a wholesale asset management, syndication, and fiduciary advisory firm, we collect personal and corporate information strictly necessary to fulfill our statutory obligations, including:
- Identity & Verification Information: Legal names, residential addresses, dates of birth, certified identification documents (passports, driver licenses, citizenship certificates) required under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF).
- Financial & Wealth Documentation: Tax File Numbers (TFNs), foreign tax identification numbers (TINs), certified Source of Wealth (SoW) and Source of Funds (SoF) records, bank account details, and wholesale investor certifications under Section 708 of the Corporations Act 2001.
- Corporate & Beneficial Ownership Data: Company registers, trust deeds, partnership agreements, and records verifying ultimate beneficial owners holding 25% or greater ownership or operational control.
- Digital & Communication Records: Email communications, encrypted data room access logs, IP addresses, and records of boardroom or advisory consultations.
3. Purpose of Collection and Use
We collect and use personal and corporate information exclusively for the following lawful fiduciary purposes:
- Administering wholesale unit trust subscriptions, issuing unit certificates, and maintaining statutory unit registers;
- Executing periodic quarterly cash dividend distributions and transmitting annual Australian AMMA tax attribution statements;
- Satisfying statutory obligations under the AML/CTF Act 2006, Corporations Act 2001, and Foreign Acquisitions and Takeovers Act 1975 (FATA);
- Fulfilling automated tax transparency obligations under the US Foreign Account Tax Compliance Act (FATCA) and OECD Common Reporting Standard (CRS) via the Australian Taxation Office (ATO);
- Facilitating secure Torrens title property settlements, conveyancing, and APRA-regulated commercial banking escrow operations.
4. Disclosure of Information to Third Parties
ASSET PACIFIC PTY LTD does not sell, rent, or trade client personal data under any circumstances. Personal information is disclosed strictly on a need-to-know basis to:
- Independent corporate trustees, custodians, and registry service providers appointed to administer our unit trusts;
- External registered Australian company auditors, tax accountants, and legal counsel executing statutory verifications;
- APRA-regulated Australian commercial banking institutions maintaining client trust escrow accounts;
- Government regulatory authorities when mandated by Commonwealth law, including ASIC, AUSTRAC, the ATO, FIRB, and the OAIC.
5. Cross-Border Data Disclosures
Where an investor is resident in an offshore jurisdiction or structures their investment through an offshore family office, information may be transmitted to foreign tax authorities or custodian banks strictly in compliance with Australian Privacy Principle 8 (Cross-border disclosure of personal information) and international tax exchange treaties.
Such disclosures are limited to what is legally necessary and are made only where one of the following applies: the recipient is subject to a substantially similar privacy regime or binding contractual privacy obligations; the individual has provided informed consent after being advised that Australian Privacy Principle 8 will not apply; or the disclosure is required or authorised by an Australian law or a bilateral treaty. Typical recipients include correspondent custodian banks, offshore registry agents, foreign legal counsel engaged for title or structuring work, and tax authorities participating in FATCA or the OECD Common Reporting Standard exchange framework.
We do not transfer client records to offshore marketing platforms, offshore cloud storage of a general-purpose nature, or any jurisdiction in a manner inconsistent with our contractual, statutory, or fiduciary obligations. Investors may request a summary of the categories of overseas recipients relevant to their own mandate by writing to our Privacy Officer.
6. Data Security & Retention Protocols
All digital records are encrypted at rest using AES-256 standard encryption and in transit using TLS 1.3, and are stored on secure servers located within sovereign Australian data centers. Access is governed by role-based permissions, mandatory multi-factor authentication for all administrative accounts, segregated production and archival environments, and continuous audit logging of privileged access events.
Physical records, if retained, are secured in access-controlled environments at our Collins Street office, with visitor logs, escorted access for external auditors, and locked archival storage for executed trust deeds and unit registers. Personnel with access to client information complete mandatory privacy and AML/CTF awareness training at induction and annually thereafter, and are bound by written confidentiality obligations that survive the termination of their engagement.
We apply a documented retention schedule rather than indefinite accumulation. Client records are retained for a statutory minimum of seven (7) years following the closure of an investment mandate, in line with the record-keeping requirements of the Corporations Act 2001 (Cth) and the AML/CTF Act 2006. Records subject to an active regulatory enquiry, litigation hold, or unresolved investor complaint are retained until the matter is formally concluded. At the end of the applicable retention period, electronic records are irreversibly destroyed or de-identified, and physical records are shredded by a certified destruction contractor, with destruction certificates retained for audit purposes.
7. Notifiable Data Breaches & Incident Response
ASSET PACIFIC PTY LTD maintains a documented incident response protocol aligned with the Notifiable Data Breaches (NDB) scheme administered under Part IIIC of the Privacy Act 1988 (Cth). Any suspected or actual data breach involving personal information is escalated immediately to the designated Privacy Officer and the internal Risk & Compliance Committee for triage, containment, and forensic assessment.
Where a breach is assessed as likely to result in serious harm to any individual whose information we hold, we will contain the incident, notify the Office of the Australian Information Commissioner (OAIC) via the prescribed Notifiable Data Breach statement, and notify affected individuals directly. Such notification describes the nature of the breach, the categories of information concerned, the likely consequences, and the remedial steps we have taken and recommend. Our assessment workflow is completed within the statutory 30-day period wherever practicable.
Independent custodians, administrators, and professional service providers engaged by ASSET PACIFIC PTY LTD are contractually required to notify us of any eligible data breach affecting records held on our behalf within 24 hours of becoming aware of the incident, and to cooperate fully with our containment and remediation measures.
8. Direct Marketing & Communication Preferences
Where you have provided consent, or where an existing client relationship exists, we may issue institutional research notes, quarterly distribution notices, portfolio performance updates, and statutory notices relating to mandates you hold. Personal information collected solely for identity verification under the AML/CTF Act is not repurposed for marketing without separate and specific disclosure to you.
Every commercial communication issued by ASSET PACIFIC PTY LTD includes a functional unsubscribe facility, and you may withdraw marketing consent at any time by writing to [email protected]. Withdrawal of marketing consent does not affect our ability to issue legally required notices, unit register correspondence, distribution advices, or statutory disclosures connected to an active investment mandate, nor does it require deletion of records we are legally obliged to retain.
We do not sell, license, rent, or otherwise disclose marketing lists to advertising networks, data brokers, commercial list providers, or any third party for their own promotional purposes.
9. Cookies, Analytics & Website Interaction Data
When you visit our corporate website, our web servers automatically record standard technical information, including the requesting IP address, browser type and version, operating system, referring page, pages visited, and time of access. This information is used strictly for security monitoring, portal uptime assurance, fraud detection, and aggregate traffic analysis. It is not used to build commercial advertising profiles or cross-device identity graphs.
We deploy strictly necessary session cookies and functional preference cookies only. No third-party advertising pixels, remarketing tags, social media tracking widgets, or affiliate attribution networks are embedded in this website. A complete description of the cookie classes deployed, their purposes and durations, and the controls available to you is set out in our Cookie Policy.
Where you submit an enquiry through our digital forms or secure document portal, the information you provide is used solely to respond to that enquiry, verify your eligibility as a wholesale client, and progress any mandate discussion you have initiated. Form submissions are transmitted over encrypted channels and are not retained beyond the period reasonably necessary for those purposes, unless a client relationship subsequently arises.
10. Access, Correction & Privacy Inquiries
Individuals may request access to the personal information held about them by ASSET PACIFIC PTY LTD, and may request correction of information that is inaccurate, out of date, incomplete, irrelevant, or misleading. Requests should be made in writing to our designated Privacy Officer and should include sufficient detail to enable us to identify the records concerned.
We will acknowledge a written request within seven (7) calendar days and respond substantively within 30 calendar days of formal receipt, unless the request is unusually complex, in which case we will notify you of an extended timeframe and the reasons for it. To protect client confidentiality, we may require verification of identity before releasing records, and we may decline requests that would unreasonably impact the privacy of another individual, breach a legal privilege, or disclose information subject to a statutory restriction. Where access is declined, we will provide written reasons and information about how to complain.
We do not ordinarily charge a fee for lodging an access or correction request. A reasonable cost-recovery charge may apply where substantial retrieval, redaction, or copying work is required, and any such charge will be disclosed to you in advance and in writing.
Privacy Officer | ASSET PACIFIC PTY LTD
Level 7/303 Collins Street Melbourne VIC 3000, Australia
Email: [email protected] | Phone: 03 8362 1904
Response Timeframe: Within 30 calendar days of formal written receipt.
11. Complaints & Regulatory Escalation
If you believe that ASSET PACIFIC PTY LTD has interfered with your privacy or breached an Australian Privacy Principle, you may lodge a written complaint with our Privacy Officer. We will acknowledge your complaint promptly, investigate it internally, and provide a written response setting out our findings and any remedial action within 30 calendar days. Complaints involving a potential data breach are concurrently escalated under our incident response protocol.
If you are not satisfied with our response, you may refer the matter to the Office of the Australian Information Commissioner (OAIC), which provides an independent statutory complaints process. We will cooperate fully with any OAIC investigation, and we will not take adverse action against any individual for exercising their privacy rights in good faith.
12. Variation & Currency of this Policy
We review this Privacy Policy at least annually, and additionally whenever there is a material change in our information handling practices, our service providers, or the applicable regulatory framework, including reforms to the Privacy Act 1988 (Cth) and OAIC guidance. The current version is published on this page and takes effect from the date of publication.
Where a change materially affects the way we handle information already collected from you, we will provide notice through this website, by direct communication to clients with active mandates, or both. Your continued use of our website or services after a revised policy takes effect constitutes acceptance of the revised terms, to the extent permitted by law. This Policy does not limit any right or remedy available to you under the Privacy Act 1988 (Cth) or any other applicable law.
Document status: Current published version | Entity: ASSET PACIFIC PTY LTD | Jurisdiction: Victoria, Australia | Framework: Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles.