Pallas Capital Privacy Policy
Pallas Group Limited (NZCN 8373196), Pallas Group Pty. Limited (ABN 61 618 981 892) and their related bodies corporate and affiliates (collectively referred to as Pallas, “we”, “us” or “our”) are committed to the protection of personal information that relates to you in accordance with applicable law – namely the Privacy Act 2020 (NZ) and the Privacy Act 1988 (Cth) (Privacy Law).
This Privacy Policy describes the manner in which we collect, hold, use and disclose information that is covered by Privacy Law. It is not intended to cover categories of information that are not covered by Privacy Law.
In order to provide you with our products and services, we rely on the collection of Personal Information (as defined below at section 1) that is submitted by you, or with your authority. By using our products or services or otherwise providing your Personal Information to us, you consent to our collection, storage, use and disclosure of your Personal Information in accordance with this Privacy Policy.
We may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. It is your responsibility to check our Privacy Policy periodically for changes. All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our website (https://www.pallascapital.co.nz/). Our most recent Privacy Policy will apply to our collection, use and disclosure of Personal Information. Your continued use of our products and services following notification of any changes to our Privacy Policy constitutes acceptance of those changes. If you do not agree with any aspect of the updated Privacy Policy, you must tell us immediately and we may cease providing our services to you.
1. What kind of information do we collect and hold?
“Personal Information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not.
In order to provide our products and services, we may collect and hold Personal Information about you such as:
1.1 your name, gender, date of birth;
1.2 your contact details (including your address, phone numbers and emails, whether personal or for work), and your location via IP Address;
1.3 a copy of your driver licence and/or passport or other identification documentation for the purpose of verifying identity and to ensure compliance with legislative requirements in relation to anti-money laundering and counter-terrorism and/or other legislation and regulations regarding identification verification, and tax reporting and withholding;
1.4 your investor contribution details and investment choice;
1.5 copies of any relevant trust deeds, partnership agreements or constitutions; and
1.6 your location via IP Address.
We may also collect Personal Information that you submit to us via our website, (https://www.pallascapital.co.nz/), including the investor portal section (although we don’t require you to give us Personal Information to access certain public areas of our Website).
2. Why do we collect Personal Information?
We collect Personal Information from clients, investors, employees, contractors and other individuals that is reasonably necessary for one or more of our functions or activities, including: in order to allow us to conduct our business functions, to meet any regulatory requirements which apply to our business, to promote and sell our services, including the promotion, distribution and investor relations support of third party investment product providers; to improve our services and our marketing; and to conduct employee related activities.
If you can’t or choose not to provide your Personal Information to us, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.
3. Collecting Personal Information
When and how do we collect your information?
We collect Personal Information directly from you when you: visit our Website including the investor portal, supply products or services to us or acquire products or services from us, request information about us or our products or services, provide feedback, respond to a survey, change your content or email preferences, enter into an agreement or contract with us, obtain support services from us, fill in a form or a request for services (including an Investor Profile “Fact Finder” Form), fill in a form on our Website, fill in a form on the investor portal section of our website, when you apply to or become an employee of Pallas, or otherwise contact us by telephone, email, post or in person.
If you provide Personal Information about other individuals to us, you acknowledge that, in doing so, you have complied with your obligations under Privacy Law and, where applicable, relevant State and Territory legislation in Australia relating to the collection and disclosure of that Personal Information.
Do we collect information about you in other ways?
We may also collect Personal Information about you via third parties including from our network of investment product providers or that is publicly available including via online channels or social media.
In some circumstances, we may receive Personal Information that we have not requested. If this occurs, we will comply with our obligations under Privacy Law. You acknowledge that we may de-identify and/or destroy this information unless we are required to keep it by law.
4. Information collected via our Website
Website Terms of Use
This Privacy Policy together with our Website usage terms and conditions (Website Terms of Use) govern how we use, collect or disclose Personal Information collected from you on our Website. By using the Website you agree to the terms and conditions contained in this Privacy Policy and the Website Terms of Use. Both the Privacy Policy and the Website Terms of Use are posted on the Website (https://www.pallascapital.co.nz/).
We will not collect any Personal Information about users of our Website except when they knowingly provide it or as otherwise described below.
For example, we may collect Personal Information from users of the Website when they:
4.1 complete an online form, including registering to receive investment updates, promotional material or other information; and/or;
4.2 otherwise correspond with us.
Website Host Click Stream Data
When you visit and browse our Website, the host may collect Personal Information for statistical, reporting and maintenance purposes. Generally, the Personal Information collected by the host will not be used to identify you.
The information may include:
4.3 the number of users visiting our Website and the number of pages viewed;
4.4 the date, time and duration of a visit;
4.5 the IP address of your computer; or
4.6 the path taken through our Website.
The host may use this information to administer and/or improve the performance of our Website, including to assist with the diagnosis of and to provide support for any issues with our Website or services.
Cookies and Other Online Tracking Technologies
We may collect Personal Information about you automatically using cookies or similar technologies. Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. We may use cookies or similar technologies to:
- allow us to personalise your browsing and experience on our Website;
- improve the functionality and user-experience of our website; and/or
- gather information about your online activity and web browsing behaviour to tailor our marketing and advertising campaigns.
A cookie is downloaded onto your computer’s hard drive when you first log on to our Website. You can adjust your internet browser to disable cookies, however we may not be able to provide you with all the service or functionality you require on our Website if you choose to do so.
Third Party Advertising
If we decide to use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website, then they may collect anonymous information about your visits to our Website (not including your name, address, email address or telephone number). They may also use information about your visits to the Website and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.
Links to external websites
If you follow any links to third party external websites from our Website, the Privacy Policy and the Website Terms of Use will not apply to those websites which may have their own policies relating to privacy and data collection and website usage. If you choose to access any linked website or to provide any Personal Information on such websites you should review their policies and terms of use to learn more about how they may use your Personal Information. We are not responsible, and will not be liable, for the operations or policies of any third party external website.
5. How we use Personal Information?
Generally, we will only use your Personal Information for the purpose for which it was disclosed to us. However, we may use the Personal Information we collect about you for other business activities, which may include the following:
5.1 to provide you with information or services you have requested, including about investment products or services provided by third parties;
5.2 to provide you with a client account and managing your account;
5.3 to verify your identity and comply with legislative requirements in relation to anti-money laundering and counter-terrorism;
5.4 to promote and market our services to you, including to communicate with you via SMS or email;
5.5 to personalise and customise your experience on our Website;
5.6 to help us research the needs of our clients and their investors and for the purposes of improving existing products or services or creating new products or services;
5.7 to provide you with ongoing information about us and our activities;
5.8 to allow us to provide third party information and offers in which we believe you may be interested;
5.9 to comply with our regulatory or other legal requirements;
5.10 for purposes related to the recruitment and employment of our personnel and providing internal services to our staff; and
5.11 for any other use required or permitted by law or any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.
We may also use your Personal Information for a secondary purpose if that secondary purpose is related to the purposes listed in this clause, if we have your consent or if otherwise provided for under Privacy Law.
Generally, we will only collect and use your Personal Information in accordance with this Privacy Policy. In the event that we collect or use Personal Information in ways other than as stated in this Privacy Policy, we will ensure that we do so in accordance with Privacy Law.
We may use the Personal Information you provide to us in order to provide you with direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about us or the products or services we promote. You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 13.
6. When do we disclose Personal Information?
Who do we disclose your Personal Information to?
Depending on the nature of your relationship with us, we may disclose your Personal Information to our shareholders, officers and employees, other businesses within our Pallas group, service providers who assist us in our business operations and recruitment activities (including third party service providers), government agencies , and other third parties (including parties that provide you with investment products or services through us, or who are connected with or involved in our relationship with you), or otherwise as required by law.
Service providers
We may also disclose your Personal Information to our service providers including Website host in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner. To the extent that we do share your Personal Information with a service provider, we will only do so if that party has agreed to comply with its obligations under Privacy Law or our privacy standards as described in this Privacy Policy.
As part of performing our business functions and delivering our services, we use APLYiD for ID verification and compliance with legislative requirements in relation to anti-money laundering and counter-terrorism. APLYiD have their own privacy policy, which you are recommended to view https://www.aplyid.com/au/privacy-policy
We may also share non-personal, de-identified and aggregated information for research or promotional purposes in connection with providing requested information or services to you, or for the purpose of improving our services. We will not sell your Personal Information to third parties.
Unless otherwise specified in this Privacy Policy, we and our Website host will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law, is otherwise permitted by Privacy Law, or is with your consent.
7. Disclosure of your Personal Information overseas
Our business is operated in New Zealand and Australia. However, in some cases your Personal Information may be disclosed to organisations overseas including without limitation the United States, countries in the European Union and India. The third-party service providers that we partner with may also collect, process and store Personal Information outside of New Zealand.
You should know there may be differences between the safeguards provided under Privacy Law in New Zealand and Australia and those of the overseas locations in which we may store and process Personal Information. Overseas organisations may be required to disclose information shared with them under a foreign law.
If at any time we need to send Personal Information outside of New Zealand to an overseas agency that may use the information for its own purposes, we will:
7.1 take steps to ensure that we believe on reasonable grounds that the overseas agency receiving the Personal Information is subject to privacy protections that, overall, provide comparable safeguards to those provided under Privacy Law;
7.2 enter into a binding contractual agreement with the overseas agency receiving the Personal Information confirming that it will protect the Personal Information in a way that, overall, provides comparable safeguards to those provided under Privacy Law; or
7.3 obtain the express authorisation of the individual concerned to disclose their Personal Information overseas after expressly informing them that the overseas agency may not be required to protect the information in a way that, overall, provides comparable safeguards to those provided under Privacy Law.
8. Employee Records
Our obligations under Privacy Law may differ for employee records. As such this Privacy Policy may not apply to the handling of employee related information. Please contact us directly for information about our employee information handling practices.
9. Storage and security of Personal Information held by us
We will take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. We aim to keep your Personal Information secure and up to date. We will comply with our obligations under Privacy Law in relation to any Personal Information that we handle, including information which is held on our computer systems.
Personal Information that is held by us in hard copy is stored securely and is only disclosed or used for the purposes described in this Privacy Policy.
Privacy Law establishes obligations on us for notifying affected individuals, and the New Zealand Privacy Commissioner or the Australian Information Commissioner (as relevant) (Commissioner) about a privacy breach which has resulted in or is likely to result in serious harm. Where we are required to notify a privacy breach under Privacy Law, we will notify the affected individuals and the Commissioner in accordance with our legal obligations. You may contact our Privacy Officer (details specified in clause 13) should you require additional information.
10. Updating and correct your Personal Information
We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date, complete, relevant, and not misleading, however we rely on you telling us of any changes to the personal information you provide to us. You can update your Personal Information at any time by contacting us in any of the ways specified in clause 13. We welcome any changes to your Personal Information so as to keep our records up to date. If your Personal Information is incorrect, you can ask us to correct it in accordance with Privacy Law. We will ask you to verify your identity.
11. How long will we keep your Personal Information?
We will keep your Personal Information only for as long as required for our business purposes and otherwise as required by applicable law. Where we no longer need to keep your Personal Information in accordance with this clause 11, we will take reasonable steps to destroy or de-identify your Personal Information. Generally, any Personal Information in our client files are kept for a maximum of seven (7) years.
12. Finding out what Personal Information we hold about you
You are entitled to request access to Personal Information that we hold about you in accordance with Privacy Law. If you request access to your Personal Information, we will grant your request unless we have a legal right to refuse the request. A request for access can be made by contacting us in any of the ways specified in clause 13. We will ask you to verify your identify and we may ask you to specify what information you require.
13. How to contact us, find out more information or make a complaint
If you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy, and/or Privacy Law in respect of your Personal Information, or for any other queries, problems, requests, complaints or communication in relation to your privacy and/or this Privacy Policy, please contact us in any of the following ways:
Email: compliance.nz@pallascapital.co.nz
Pallas Capital Limited
C/- Level 5, 50 Customhouse Quay
Wellington 6011
New Zealand
You can find out more information about:
- the Privacy Act 2020 and the IPPs from the Office of the New Zealand Privacy Commissioner (at privacy.org.nz or contactable by email at enquiries@privacy.org.nz).
- the Privacy Act 1988 (Cth) and the APPs from the Office of the Australian Information Commissioner (at oaic.gov.au or contactable by email at enquiries@oaic.gov.au) If we receive a complaint from you, we will investigate the issue and determine the steps we will take to resolve your complaint. We may ask you to provide additional information. We will notify you in writing of our determination, generally within 20 working days. If you are not satisfied with our determination or you do not receive a response within 20 working days, you can contact us to discuss your concerns and you can refer the complaint to the Office of the Australian Information Commissioner.
Last updated: October 2024