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Privacy Policy

1. Introduction

FivePearls provides investment management and fund administration services in connection with unregistered managed investment schemes and other investment structures offered exclusively to wholesale clients. We understand that the trust of our investors, business partners and website visitors depends on how carefully we handle personal information.

This Privacy Policy explains how we collect, hold, use and disclose personal information, and how you can access or correct your information or make a complaint. It is prepared in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), and it applies to this website and to our dealings with investors, prospective investors and other individuals.

By using this website or providing personal information to us, you agree to the handling of that information as described in this Policy.

2. What is personal information

“Personal information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not. It does not include information that has been de-identified.

We generally do not seek to collect sensitive information (such as health information) unless it is necessary for a specific purpose and you have consented, or collection is otherwise permitted by law.

3. The kinds of personal information we collect

Depending on your relationship with us, we may collect:

  • name, date of birth, contact details (address, email, phone number) and signature
  • wholesale client status information and supporting evidence, including qualified accountant certificates and net asset or income declarations
  • identity verification documents required for Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) compliance, such as passport, driver’s licence or other proof of identity
  • financial information, including bank account details, investment amounts, holdings and transaction history
  • tax file number or ABN information where required for reporting purposes
  • correspondence and enquiries you send to us, including through the website, email or phone
  • employment and professional details, for advisers, referrers and corporate contacts
  • technical information about your visit to our website, such as IP address, browser type, device information and pages viewed

4. How we collect personal information

We collect personal information directly from you where possible, including when you:

  • complete an enquiry, subscription or contact form on our website
  • apply to invest, or provide information as part of onboarding and wholesale client verification
  • correspond with us by email, phone or post
  • attend a webinar, briefing or meeting with our team

We may also collect personal information from other sources, including:

  • financial advisers, accountants or other representatives acting on your behalf
  • publicly available sources
  • our service providers, where you interact with a system operated on our behalf
  • related entities within the Five Pearls Corporate Group

Where practical, we will let you know if we collect information about you from a third party.

5. Why we collect, hold, use and disclose personal information

We collect and use personal information to:

  • assess and verify wholesale client status and eligibility to invest
  • process applications, manage investments and provide fund administration services
  • meet our obligations under the Corporations Act 2001 (Cth), our AFSL conditions, AML/CTF legislation and other applicable law
  • communicate with investors about their holdings, distributions, reporting and corporate actions
  • respond to enquiries and provide customer service
  • manage risk, prevent fraud and maintain the security of our systems
  • send marketing communications about our funds and services, where you have consented or as otherwise permitted by law
  • operate, maintain and improve this website

6. Disclosure of personal information

We may disclose personal information to:

  • related entities within the Five Pearls Corporate Group, where information systems are shared
  • property developers involved in projects connected to our managed investment schemes
  • our administrators, custodians, auditors, legal and compliance advisers
  • technology and service providers who support our operations, including investor administration and disaster recovery platforms, customer relationship management systems, email and communications platforms, cloud data hosting and workflow automation providers
  • regulators and government agencies, including the Australian Securities and Investments Commission (ASIC) and AUSTRAC, where required by law
  • your financial adviser or other authorised representative, where you have directed us to do so
  • a prospective purchaser or successor of our business, in connection with a proposed transaction

We do not sell personal information to third parties.

7. Overseas disclosure

Some of the service providers we use to operate our business host or process data outside Australia, or are owned by entities located overseas. Where personal information is disclosed to an overseas recipient, we take reasonable steps to ensure the recipient handles the information consistently with the Australian Privacy Principles, including through contractual data protection commitments. Overseas recipients may be located in jurisdictions including the United States.

Where required, we obtain your consent before disclosing personal information overseas, or otherwise rely on an exception available under the Privacy Act.

8. Data security

We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. These steps include:

  • encryption of data in transit and at rest
  • multi-factor authentication and role-based access controls
  • regular backup and disaster recovery arrangements, including offsite replication
  • ongoing review of our technology environment against our Technological and Human Resources Policy
  • confidentiality obligations for staff and contractors who access personal information

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. If we become aware of a data breach likely to result in serious harm, we will act in accordance with the Notifiable Data Breaches scheme.

9. Data quality and retention

We take reasonable steps to ensure the personal information we collect, use and disclose is accurate, complete and up to date. We retain personal information for as long as necessary to fulfil the purposes for which it was collected, including to meet record-keeping obligations under the Corporations Act 2001 (Cth) and AML/CTF legislation, after which it is securely destroyed or de-identified.

10. Direct marketing

We may send you information about our funds, services or events where you have consented, or where you would reasonably expect to receive such communications and have not opted out. You may opt out of marketing communications at any time by using the unsubscribe function in an email, or by contacting us using the details below. We will not charge you for giving effect to an opt-out request.

11. Cookies and website analytics

Our website may use cookies and similar technologies to understand how visitors use the site and to improve its functionality. Cookies do not identify you personally. You can adjust your browser settings to refuse cookies, although this may affect the functionality of the website.

12. Access and correction

You may request access to the personal information we hold about you, or ask us to correct it, by contacting us using the details below. We will respond within a reasonable time. In some circumstances permitted by law, we may decline a request for access or correction, in which case we will explain our reasons.

13. Complaints

If you have a concern about how we have handled your personal information, please contact our Privacy Officer using the details below. We will investigate your complaint and respond within a reasonable time.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC):

14. Contact us

Our Privacy Officer can be contacted at:

FivePearls Funds Management Pty Ltd

ACN 672 938 582 | AFSL 700140

Email: [email protected]

Attention: General Counsel and Head of Compliance

15. Changes to this Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, our services, or legal and regulatory requirements. The current version will always be available on our website, together with its last updated date.