Disclaimers

Disclaimer

We do our best to maintain the accuracy of the details and information on our Website. However, these details and information are for general informational purposes only and may not necessarily represent our full or most current position. Please consult a lawyer for legal advice before pursuing any legal matters.

Links are provided for your convenience. This does not mean that we endorse, or are associated with those sites and their information.

Confidentiality

We realise that some information relayed via our Website could be classified confidential due to its sensitive nature. This may include your name, address and other personal details. We assure you that all your personal details relayed to us in any way are kept private, due to our commitment to our clients and to lawyer-client privilege.

Copyright

Our Website contains material that is subject to Copyright Law. No part of the text may be used or reproduced in any method, unless for personal use or with permission from Trident Capital. We claim copyright to all images, except those which are obviously from another source.

Privacy Policy

Our Commitment

Trident Capital Pty Ltd (“Trident”) recognises the importance of and is committed to maintaining the privacy of our clients. Trident is required to meet particular legislative and regulatory requirements regarding client privacy. In order to provide opportunities to you, we are required to collect certain personal information from you. This Privacy Policy discloses how the personal information you provide to us and our representatives is used, held, disclosed and disseminated.

We encourage you to check our website regularly for any updates to our privacy policy.

Your Personal Information

As an organisation we are subject to certain legislative and regulatory requirements which necessitate us to obtain personal information about you, which may include but is not limited to:

your name, contact details, date of birth, tax file number;
certain personal financial information, in order to meet the definition of a Sophisticated Investor under s708 of the Corporations Act 2001.

The Privacy Amendment (Enhancing Privacy Protection) Act sets out a number of Australian Privacy Principles (APP’s). Our aim is to both support and ensure that we comply with these principles. Further information on privacy in Australia may be obtained by visiting the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.

As a financial services organization we are subject to certain legislative and regulatory requirements which necessitate us to obtain personal information about you, including s961B of the Corporations Act.

Trident collects personal information in a number of ways, including:

• directly from you, when you attend a face-to-face interview;
• directly from you when, when you provide information through a data collection form;
• directly from you, when you provide the information by phone;
• directly from you via an email or the internet;
• directly from product issuers once authority has been provided by you.

You have a right to refuse us authorization to collect information from a third party.

We don’t usually collect unsolicited personal information. Where we receive unsolicited personal information, we’ll determine whether or not it would have been permissible to collect that personal information if it had been solicited. If we determine that collection would not have been permissible, to the extent permitted by law, we’ll destroy or de-identify that personal information as soon as practicable.

How We Use Your Personal Information

Primarily, your personal information is used in order to assess whether you meet the requirements of a Sophisticated Investor under s708 of the Corporations Act and to provide opportunities to you. We may also use the information that is related to the primary purpose and where it is reasonable for you to expect the information to be disclosed.

We may also use the information that is related to the primary purpose where it is reasonable for you to expect the information to be disclosed. From time to time, we may provide you with direct marketing material. This may include articles and newsletters that may be of interest to you. We may only use sensitive information about you for direct marketing purposes once we have obtained your consent.

If at any time you do not wish to receive this information you may contact us with this request by phone or reply email. We will endeavour to meet your request within 2 weeks.

We maintain a register for those individuals not wanting direct marketing material.

When We Disclose Your Personal Information

In line with modern business practices common to many financial institutions and to meet your specific needs we may disclose your personal information to the external organizations including, but not limited to the following:

• compliance consultants;
• mailing houses;
• your professional advisers, including your solicitor or accountant as authorised by you;
• information technology service providers;
• government and regulatory authorities, as required or authorised by law.

Our employees and the outsourcing companies/contractors are obliged to respect the confidentiality of any personal information held by Trident.

The Corporations Act has provided the Australian Securities and Investments Commission with the authority to inspect certain personal information that is kept on our files about you.

We collect information about you for the purpose of reporting to AUSTRAC under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.

In the event that we propose to sell the business, we may disclose your personal information to potential purchasers for the purpose of them conducting due diligence investigations. Disclosure will be made in confidence and it will be a condition of that disclosure that no personal information will be used or disclosed by them.

Trident takes its obligations to protect your information seriously, including when we operate throughout Australia and overseas. As part of our operations, some uses and disclosures of your personal information may occur outside your State or Territory and/or outside of Australia. In some circumstances we may need to obtain your consent before this occurs.

How We Store and Secure Your Personal Information

We keep your personal information in our client files and/or electronically. These files are accessible to authorised personnel only and are appropriately secured and subject to confidentiality requirements.

Personal information will be treated as confidential information and sensitive information will be treated highly confidential.

It is a legislative requirement that we keep all personal information and records for a period of 7 years. Should you cease to be a client of ours, we will maintain your personal information on or off site in a secure manner for 7 years. After this, the information will be destroyed.

Ensure Your Personal Information Is Correct

Trident takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. To ensure we can maintain this level of accuracy and completeness, we recommend that you:

inform us of any errors in your personal information; and
update us with any changes to your personal information as soon as possible.

If you provide inaccurate or incomplete information we may not be able to provide you with the products or services you are seeking.

Access to Your Personal Information

You have a right to access your personal information, subject to certain exceptions allowed by law. We ask that you provide your request for access in writing (for security reasons) and we will provide you with access to that personal information. Access to the requested personal information may include:

• providing you with copies;
• providing you with the opportunity for inspection; or
• providing you with a summary.

Some exceptions exist where we will not provide you with access to your personal information if:

• providing access would pose a serious threat to the life or health of a person;
• providing access would have an unreasonable impact on the privacy of others;
• the request for access is frivolous or vexatious;
• the information is related to existing or anticipated legal proceedings between us and would not be discoverable in those proceedings;
• providing access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations;
• providing access would be unlawful;
• denying access is required or authorised by or under law;
• providing access would be likely to prejudice certain operations by or on behalf of an enforcement body or an enforcement body requests that access not be provided on the grounds of national security.

Should we refuse you access to your personal information, we will provide you with a written explanation for that refusal.

If charges are applicable in providing access to you, we will disclose these charges to you prior to providing you with the information.

Using Government Identifiers

Although in certain circumstances we are required to collect government identifiers such as your tax file number we do not use or disclose this information other than when required or authorised by law or unless you have voluntarily consented to disclose this information to any third party.

Your sensitive information

Without your consent we will not collect information about you that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of professional or trade association, membership of a trade union, details of health, disability, sexual orientation, or criminal record.

This is subject to some exceptions including:

• the collection is required by law; and
• when the information is necessary for the establishment, exercise or defence of a legal claim.

Personal information will be treated as confidential information and sensitive information will be treated highly confidential.

Anonymity

You can deal with us anonymously or by using a pseudonym where it is lawful and practicable to do so. For example, if you telephone requesting our postal address.

Our Website

Trident’s website provides links to third party websites. The use of your information by these third party sites is not within the control of Trident and we cannot accept responsibility for the conduct of these organisations. Other websites are not subject to our privacy standards. You will need to contact or review those websites directly to ascertain their privacy policies.

Complaints Resolutions

Please contact our Privacy Officer, Adam Sierakowski, if you wish to complain about any breach or potential breach of your privacy rights. Our Privacy Officer will investigate the issue and determine the steps we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of the determination of our Privacy Officer. If you are not satisfied with the outcome of your complaint, you are entitled to contact the Office of the Australian Information Commissioner.

Spam Policy

Spam is a generic term used to describe electronic ‘junk mail’- unwanted messages sent to a person’s email account or mobile phone. In Australia, spam is defined as ‘unsolicited commercial electronic messages’.

‘Electronic messaging’ covers emails, instant messaging, SMS and other mobile phone messaging, but not cover normal voice-to-voice communication by telephone. Trident complies with the provisions of the Spam Act when sending commercial electronic messages.

Equally importantly, Trident makes sure that our practices are in accordance with the Australian Privacy Principles in all activities where they deal with personal information. Personal information includes our clients contact details.

Contact information

Trident Capital Pty Ltd
Level 24, St Martin’s Tower
44 St Georges Tce
PERTH WA 6000
Ph: (61-8) 6211 5099
Fax: (61-8) 9218 8875