Clime Group (“Clime”) like other companies operating in Australia, is bound by the Australian Privacy Principles set out in the Privacy Act (“the Act”) which impose certain requirements on Clime with respect to handling personal information. Clime has implemented procedures to ensure that personal information is handled in accordance with the Act. Clime has issued this policy in compliance with the Act.

Please read the following policy to understand how Clime deals with the personal information that it may collect about you from time to time. This policy may change from time to time, so please revisit the policy periodically.

Who does this policy cover?

This privacy policy applies to the Clime Group, comprised of Clime Investment Management Limited (ABN 37 067 185 899), Clime Private Wealth and all members of the Clime Group.

What is personal information?

For the purpose of this policy and the Act “Personal Information” means information or an opinion (including information or an opinion forming part of a document or other source), whether true or not, and whether recorded in a material form or not, about a person whose identity is apparent, or can be reasonably ascertained, from the information or opinion.

Clime collects and uses Personal Information for the purpose of carrying out its business and complying with laws and regulations that may require the collection and disclosure of such information.
Personal information may include:

  • name, gender and date of birth
  • contact details such as address, phone number and email address
  • bank account details for direct crediting of distributions and redemptions
  • investment information about your holding in our products
  • Tax File Number/Australian Business Number, if you have chosen to disclose it
  • login details for our website
  • responses to our surveys
  • any personal information necessary for the purposes of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

To assist Clime in providing quality services, it is important that the information you entrust to us is complete, accurate and up-to-date. You can help us to keep your information up to date by contacting us immediately if your contact details change.

We may also collect personal information if authorised or required by an Australian law or court or tribunal order to collect that information. We will tell you if collection is required or authorised by law and provide you with details of the law, court or tribunal order.

For example, when you make an application for a financial product Clime is required under the Anti-Money Laundering and Counter-Terrorism Financing Act to collect certain information from you to prove your identity, such as your driver’s licence or passport details. Clime may collect your Australian tax file number (TFN). It is not compulsory to provide your TFN, but if you do not, Clime may deduct withholding tax from your distribution payments at the highest marginal rate. Clime will collect your TFN to determine whether you are subject to withholding tax on any distribution payments you receive and for communication purposes of distribution payments to the Australian Taxation Office. If Clime collects your TFN, we will handle your TFN in accordance with the Privacy Act and Guidelines issued by the Commissioner.

Clime may also be required to ask about your tax residency status under taxation information sharing agreements the Australian Government has in place with other countries. For example, a tax treaty between Australia and the United States formed under US law (Foreign Account Tax Compliance Act) requires Clime to ask investors in our funds whether they are US citizens or US tax residents when they make an application. If you are a tax resident of another country, the relevant treaty or law may require us to collect your relevant foreign tax identification number.

Collection of Sensitive Information

Sensitive information is personal information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, genetic information or health information.

Clime will not collect, use or disclose sensitive information about you unless we need the information for one of our functions or activities and we have your consent (or we are legally required to do so).

Information we collect from you

We collect information about you and your interactions with us, for example when you request or use our products or services, make a card purchase or transfer money, phone us or visit any of our websites.

Collection of Information from Third Parties

With your consent, Clime may collect personal information from a third party or it may collect information from sources you would reasonably expect, for example, information extracted from publicly available sources such as public domain websites or telephone directories.

Clime may also collect information about how you use our or other websites to help us better tailor our services to you. For example, Clime may do this when you click on a link from the Clime website or visit a website which displays a Clime advertisement. Usually, the information we collect in this way is general information only derived from cookies – such as the number of visitors to a site or statistics about how a site is browsed – and does not identify you. If Clime does identify you with this information (for example, if you have been logged onto an online Clime service), any use or disclosure of that information will be in accordance with this Privacy Policy.

How we may use and disclose your personal information

Clime may use and disclose personal information we collect about you for several purposes including:

  • to consider your request for a product or service;
  • to tell you about other products and services that may be of interest to you;
  • to assist in arrangements with other organisations (such as loyalty partners) in relation to the promotion or provision of a product or service;
  • to manage accounts and perform other administrative and operational tasks (including risk management, systems development and testing, staff training and market or customer satisfaction research);
  • to consider any concerns or complaints you raise against Clime and/or to manage any legal action between you and Clime;
  • to prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
  • to identify you or establish your tax status under any Australian or foreign legislation, regulation or treaty pursuant to an agreement with any tax authority; and
  • as required by relevant laws, regulations, codes of practice and external payment systems.

If Clime uses your personal information for direct marketing of its products or services, it will provide you with the opportunity, at the point of our first contact and at any time afterwards at your request to decline receipt of any further marketing information. Otherwise, Clime will neither use nor disclose your Personal Information that is not related to the purpose for which we collected your information in the first place without your consent, unless:

  1. It is required for public health or public safety or other emergency reasons; or
  2. It is required to investigate or report suspected fraud or unlawful activity; or
  3. It is required or authorised by law; or
  4. Clime believes that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body:
    1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
    2. the enforcement of laws relating to the confiscation of the proceeds of crime;
    3. the protection of the public revenue;
    4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
    5. the preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal.

Disclosure of personal information

We will not disclose personal information collected by us for any purpose other than where you have consented to the disclosure; or where the Australian Privacy Principles authorise use or disclosure where required or authorised by law, in circumstances relating to public health and safety, social security and taxation in connection with certain operations by or on behalf of an enforcement body.

In relation to our role as a financial service provider we are required pursuant to the Corporations Act to maintain certain transaction records with regards to your investment in our products and make those records available for inspection to the Australian Securities and Investments Commission or to our external advisers.

We may disclose personal information to external service providers such as fund managers, custodians, mailing houses and auditors for the purpose of giving effect to the service provided by us.

These external parties are only authorised to use personal information for the purpose for which Clime supplied it. Those organisations are not authorised to use that information for their own purposes.

Sending information overseas

During our course of business, we may send your information overseas, including to overseas Group members and to service providers or other third parties who operate or hold data outside Australia.

Where we do this, we make sure that appropriate data handling and security arrangements are in place. Please note that Australian law may not apply to some of these entities.

We may also send information overseas to complete a particular transaction, such as an International Money Transfer, or where this is required by laws and regulations of Australia or another country.

Clime will not transfer personal information outside Australia unless Clime reasonably believes that the recipient of the information is subject to a law, binding scheme or contract providing the same standards of protection of personal information as provided for under the Australian Privacy Principles.

Data Security

Clime will take reasonable steps to destroy or permanently de-identify your personal information, if it is no longer needed for any purpose for which the information may be used or disclosed under the Use and Disclosure section of this policy.

Clime will protect your Personal Information from misuse and loss and from unauthorised access, modification or disclosure.

Clime may store your personal information in hardcopy documents or electronically. Clime maintains physical security, such as locks and security systems, over our paper and electronic data stores and premises. Clime also maintains computer and network security. For example, Clime uses firewalls (security measures for the internet) and other security measures such as identification codes and passwords to control access to computer systems. Clime continually maintains and monitors its online security systems to ensure that Clime’s online services are secure and that your personal information is appropriately protected when you use these services.

We require you to keep your personal identification number (PIN), passwords and access codes confidential and secure at all times. This means that you should not disclose your PIN, passwords or access codes to any other person. You should contact Clime immediately if you believe that your PIN, passwords or access codes may have been disclosed to another person or if you would like to change your PIN or password.