In this document Cliffbrook refers to Cliffbrook Capital Partners Pty Ltd (ACN 630 446 883) and its subsidiaries.

This Policy sets out how Cliffbrook entities collect, store, use and disclose an individual’s personal information in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”).

Privacy and maintaining the confidentiality of Cliffbrook’s clients’ and customers’ (and their directors, employees and consultants) personal information is important to Cliffbrook. This document describes how Cliffbrook handles personal information, including collection, storage, use and disclosure of personal information.

This Policy covers the ways an individual’s personal information is treated. This includes through physical communications and email and providing any know your customer information.

Any acts or practices which are exempted from the Privacy Act, including employment records, are not covered by this Policy.

Collection of personal information

Personal information is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified or reasonably identifiable individual (Privacy Act).

The type of personal information which Cliffbrook may hold about a person may include:

  • name, address, telephone and email contact details, age or birth date, gender;
  • profession, occupation or job title and/or employer details, social media profiles;
  • any other information that is provided to us directly through information a customer, client or individual provides or indirectly using third party intermediaries, portals and registries;
  • any information needed to satisfy Cliffbrook’s obligations under relevant legislation;
  • publicly available sources including but not limited to, court judgments, directorship and bankruptcy searches, Australia Post, directories, professional registers and social media platforms (such as Facebook, X, Google, Instagram, LinkedIn etc); and
  • Screening checks (including verifying an individual’s background, national criminal record check, financial probity, reference checking and whether a person is a politically exposed or sanctioned person).

Consequences if information not provided

If you do not provide us with the requested personal information, or provide information that is incomplete or inaccurate, it may prevent or limit:

  • Cliffbrook’s ability to provide any services to you;
  • Cliffbrook’s ability to provide you with the level of service which you would normally expect from us; or
  • Cliffbrook from being able to contact you.

Sensitive information

Sensitive information has the same meaning that it has under the Privacy Act. Cliffbrook does not generally collect sensitive information about clients or customers but, in the event that it does so, it will treat such sensitive information in accordance with the law.

When Cliffbrook collects information

Cliffbrook may collect personal information about an individual in the following circumstances:

  • communications with Cliffbrook and its employees;
  • when Cliffbrook provides a designated service, it may collect, use and disclose personal information about an individual. This may include names, dates of birth, residential addresses, beneficial ownership, passport/license number and screening check information. This personal information may be collected directly from the individual or from other sources, including publicly available sources and information service providers.
  • Cliffbrook may exchange personal information with screening check providers in Australia and with government agencies, including overseas agencies where required or authorised by law, to meet its obligations under anti-money laundering and counter terrorism laws.

Cliffbrook may also collect personal information from third parties including third parties who supply services to Cliffbrook.

Use of personal information

Personal information which is collected by Cliffbrook is used and disclosed for the main purpose for which the information was collected or for related purposes. This may include the following purposes:

  • the use for the administration and management of Cliffbrook;
  • to provide customer services to clients and customers and for quality assurance purposes;
  • to answer enquiries and provide information or advice about existing and new products or services;
  • to conduct business processing functions including providing personal information to Cliffbrook’s related bodies corporate, contractors, capital partners, service providers or other third parties;
  • to provide updated personal information to Cliffbrook’s related bodies corporate, contractors, capital partners or service providers including third party AI vendors;
  • to process and respond to any complaint made by clients or customers; and
  • conducting know your customer checks and maintenance of Cliffbrook’s AML/CTF program including conducting risk assessments required under the AML/CTF Act and complying with know your customer requirements of third parties including vendors, lenders and other parties providing Cliffbrook entities with designated services.

Cliffbrook may otherwise use or disclose personal information where the use or disclosure is required or authorised by law (for example, disclosure to government regulatory and law enforcement agencies) or in emergency situations. We may also use third party AI systems limited to Australia to process data. If Cliffbrook wishes to use or disclose an individual’s personal information in other circumstances, Cliffbrook will seek that individual’s consent to do so.

Disclosure of personal information

Cliffbrook may share an individual’s personal information with any of its related entities. In this case, the information may only be used or disclosed by the related entity for the main purpose for which it was collected, for purposes related to the main purpose, where needed or authorised by law, or for other purposes if the individual has consented.

Cliffbrook does not sell personal information to companies outside the Cliffbrook Group.

Cliffbrook may disclose personal information to its:

  • contractors and service providers that assist us in the operation of its business or the provision of services;
  • third party AI systems based in Australia; and
  • lawyers, accountants and other professional advisors.

Some of Cliffbrook’s third-party service providers may store or process personal information or be located  in countries outside of Australia, and which may include the United States, Cayman Islands, Cyprus, China and the United Kingdom. Cliffbrook endeavours to ensure that these organisations agree to comply with Australian privacy law or are otherwise subject to reasonable obligations to protect collected personal information.

Consent

In providing their personal information to Cliffbrook, each individual provides their express and informed consent to us using their personal information or personal data set out above.

Security of personal information

Cliffbrook takes reasonable steps to protect all the personal information Cliffbrook holds from misuse, loss, unauthorised access, modification or disclosure. This protection applies in relation to information stored in both electronic and hard copy form.

Cliffbrook will restrict the number of staff who have access to personal information or personal data on a “need to know” basis.

Cliffbrook will destroy or permanently de-identify any personal information collected which is no longer needed.

Whilst Cliffbrook will endeavour to ensure any data held is secure, data protection measures are never completely secure and, despite the measures Cliffbrook have put in place, Cliffbrook cannot guarantee the security of personal information. Individuals must take care to protect their own personal information (for example, by protecting usernames and passwords). You should let us know as soon as possible if you become aware of any security breaches.

Complaints

If you wish to make a privacy complaint, you may contact the Privacy Officer using the contact details above. You will need to provide us with sufficient details of your complaint, as well as any supporting evidence and/or information.

The Privacy Officer will investigate the issue and decide the steps Cliffbrook will undertake to resolve your complaint. Cliffbrook will contact you if Cliffbrook needs any other information and will notify you in writing of the outcome. Cliffbrook will aim to ensure that your complaint is resolved in a prompt and appropriate manner.

If you feel that Cliffbrook have not adequately dealt with your complaint, you may contact the Australian Privacy Commissioner via www.oaic.gov.au.

Phone: 1300 363 992

Post: GPO Box 5218 Sydney, NSW 2001