Privacy Policy

Introduction

This privacy policy applies to Devwest Group Pty Ltd, Hale 33 Pty Ltd as trustee for the Hale Trust and their related entities, which includes Devwest Securities Pty Ltd, which holds Australian financial services (AFS) licence number 287466. References to ‘Devwest’, ‘we’, ‘us’ or ‘our’ on this website includes Devwest Group Pty Ltd, Devwest Securities Pty Ltd and their related entities.

About this policy

We recognise that your privacy is important to you. This policy has been prepared to provide you with information on the collection, storage, use and disclosure of your personal information by us. When referring to personal information, we mean information that identifies an individual or from which an individual’s identity can reasonably be ascertained.

Collection of personal information

Generally, we will only collect personal information from you that is reasonably necessary for, or directly related to, one of more of the functions and activities of our business. For example, we may request that you provide your personal information when you complete an application form to invest in one of our managed investment schemes or submit information to us via our website. There may be other occasions when we collect personal information about you from other sources, such as from our related bodies corporate, a publicly maintained record or from an information services provider. We may also share personal information about you with our related entities.

Information we hold about you may include things such as your name, date of birth, telephone numbers, email address, bank account details, investment information, tax file number, Government related identifiers (e.g., drivers licence, Medicare or passport number) as well as any other information that may be required under Australian anti-money laundering legislation for identification and other purposes. In some circumstances, we may also hold other personal information you provide to us.

We do not collect or hold sensitive information, such as health information, racial or ethnic origins, religious affiliation or political opinions.

Personal information held by us is not organised by Government related identifiers. Government related identifiers are only used by us to verify the identity of our clients in connection with our business, e.g., as part of our requirements under Australian anti-money laundering legislation.

Use and Disclosure of Personal Information

We will not use or disclose your personal information for any purpose other than:

• Where you have consented to such disclosure.
• Where required or authorised by law.
• Providing you with access to our website.
• Facilitating our internal business operations, including improving our products, services or communication methods.
• Providing you with information about our products or services that may be of interest to you.
• To undertake market research and surveys.
• Administering and processing any applications you submit to us.
• Advising the Australian Taxation Office and other governmental authorities of your tax file number.
• To enter your details on the register of the members of the scheme.
• To make deposits of distributions to your nominated bank account.
• For accounting, billing and other internal administrative purposes.
• To identify your identity.
• To comply with our legal requirements under any applicable laws, including the anti-money laundering legislation and our obligation to make registers of members of our managed investment schemes available for inspection.
• For the purposes for which it was provided for or for a related secondary purpose (or, in the case of sensitive information, a directly related secondary purpose) where you would reasonably expect us to use or disclose the information.

Under no circumstances will Devwest sell or receive payment for only disclosing your personal information to another party. However, if Devwest sells, merges or transfers its business, then your personal details will be provided to the new owners and managers of the business.

As a general rule, we will not disclose your personal information to an overseas recipient without your consent, unless the disclosure is required by law. If disclosure to an overseas recipient is required, then we will take reasonable steps to ensure the recipient complies with the National Privacy Principles.

Disclosure of personal information 

The types of organisations to which we may disclose the personal information you provide us with include:

• Your financial advisers or other professional advisers.
• Any third party service provider which we may engage to provide due diligence, compliance, custody, administration, technology, auditing, mailing, printing or other services.
• Government authorities such as the Australian Taxation Office or the Australian Securities and Investments Commission where required to by law or where reasonably requested.
• Our professional advisers, including legal and accounting firms, auditors, consultants and other advisers.
• Our related bodies corporate or any other company within the Devwest group.

Information Storage and Security 

We will take reasonable steps to ensure that the personal information we hold is protected from misuse, loss and unauthorised access, modification or disclosure. We store personal information in our computer databases and we may also utilise the services of third party storage providers (including ‘cloud’ providers), which store data in foreign jurisdictions, such as the United States, North America, Asia (including China, Korea and Hong Kong), United Kingdom, European Union or any other country in which the provider or its affiliates, subsidiaries or service providers maintain facilities.

Various security measures are in place to safeguard personal information, including restricted staff

access, password restricted access, internet based security tools (e.g., firewalls, virus protection programs), an information technology disaster recovery plan, and we perform regular back-ups and secure off site storage of date. Where we utilise third party storage providers, then we must take reasonable steps to ensure they use adequate security technologies and procedures.

In the event you cease to be a client of Devwest, personal information we hold about you will be maintained for at least as long as we are required to comply with legislative document retention requirements. After that time, we may destroy your personal information or put it beyond use, e.g., de-identify the personal information so we cannot use the information.

Accessing your Personal Information

You may request access to your personal information at any time. Upon confirmation of your identity, we will provide you with access to information by either providing you with copies of the information requested or allowing you to inspect the information.

We will not provide you with access to personal information which would reveal any confidential formulae or the detail of any in-house evaluative decision making process, but may instead provide you with the result of the formulae or process or an explanation of that result.

The Australian Privacy Principles place other restrictions on accessing your personal information. Restrictions include the following:

• Giving access would have an unreasonable impact on the privacy; or would pose a serious and imminent threat to the health or safety of any individual or to the public.
• The request for access is frivolous or vexatious.
• The information relates to existing or anticipated legal proceedings and would not be accessible by the process of discovery in those proceedings.
• Giving access would reveal commercially sensitive information or our intentions which may prejudice any negotiations with you.
• Giving access would be unlawful or would be likely to prejudice a criminal investigation.
• Denying access is required or authorised by or under law or a court/tribunal order.
• Giving access would be likely to prejudice enforcement related activities by or on behalf of an enforcement body.

If we decline your request for access, we will provide a written explanation to you for the refusal.

Correcting your Personal Information

We will take reasonable steps to ensure that the personal information we collect is accurate, up to date and complete. If you provide evidence to us that the personal information we hold about you is inaccurate, incomplete or out of date, then we will take all reasonable steps to correct it.

Complaints About Privacy

We are committed to providing you with a fair and responsible system for handling complaints. If at any time you have any complaints in relation to privacy, please contact our Privacy Officer and provide details of your complain in writing. We will try to resolve any concerns you may have to your satisfaction within a reasonable time (usually 30 days). If you are unhappy with our response, you are entitled to contact the Office of the Australian Information Commissioner (telephone 1300 363 992) who may investigate your complaint further.

More Information on Privacy

We are required to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. A summary of the Australian Privacy Principles, a copy of the Privacy Act and additional information about privacy is available on the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. Before providing us with personal information, please check the Privacy Policy on our website.

This Privacy Policy was last updated in November 2015.

Our Contact Details

Any questions or complaints may be directed to our Privacy Officer.

Legal Notice

Introduction

Information on this website applies to Devwest Group Pty Ltd, Dawesville 3 Pty Ltd as trustee for the Dawesville Trust and their related entities, which includes Devwest Securities Pty Ltd, which holds Australian financial services (AFS) licence number 287466.

References to ‘Devwest’, ‘we’, ‘us’ or ‘our’ on this website includes Devwest Group Pty Ltd, Dawesville 3 Pty Ltd and their related entities.

General Advice Warning 

Information on this website is of a general nature only and has been issued by Dawesville 3 Pty Ltd in its capacity as trustee for the Dawesville Trust. Dawesville 3 Pty Ltd is not licensed to provide financial product advice.

Where we provide any advice on this website, it has been prepared without considering any of your objectives, financial situation or needs. Before acting on any advice or information on this website, you should consider its appropriateness to your circumstances and, if a current offer document is available, read the offer document before acquiring products named on this website.

Jurisdiction

This website has been created for the use of Australian residents only. Any currency references located within this website are in Australian dollars.

Applicable Law

These terms of use are governed by the law of Western Australia, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia and its appellate courts. If any of the terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.

Currency

The content of this website is current only on the day it is placed on the website. We make no assurance that the content will be updated immediately or at all.

We may change the terms and conditions of this website at our discretion and without notice. By continuing to use this website you accept the terms and conditions, as varied from time to time. This disclaimer is in no way limited or altered by any other terms or conditions on this website.

Copyright 

The material in this site is copyright and remains the property of Devwest. You must not do anything to modify or add to content of this site.

Virus Warning

We do not guarantee that the material on this website is free from viruses or any other defects, although due care has been taken to minimise the risk.

Limitation of Liability

To the extent legally permitted, we are not liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type related to or arising from: (a) this website; (b) any use of this website or of any site or resource linked to, referenced or accessed through this website; or (c) the use or downloading, or access to, any materials, information, products or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data. These exclusions apply even if we are expressly advised of the possibility of such damages and extend to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these terms of use and our maximum aggregate liability to you for all losses, damages and other amounts referred to in the above exclusions of liability under any cause of action referred to in the above exclusion of liability is limited to AUD$50.00.

Indemnity

You agree to indemnify, defend and hold harmless Devwest from and against all losses, expenses, claims, proceedings and damages of every kind due to or arising out of any violation of these terms of use, the rights of another party or any applicable law or arising out of any activity related to your account, by you or any other person accessing this website using your Internet account. The indemnity in this clause extends to and applies for the benefit of our officers, directors, employees, agents, contractors, licensors and suppliers.

Disclaimer of Warranty

You use this website at your sole risk. To the extent legally permitted, all materials, information, products, programs and services are provided “as is”, with no warranties, conditions, representations or guarantees (Warranties) whatsoever. To the extent legally permitted, Devwest expressly disclaims all implied, statutory and other Warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary and intellectual property rights. Without limitation, we do not represent or warrant that the functions within this website will be uninterrupted, error-free or secure, that any defects will be corrected, or that the website or the server that makes this website available is free of viruses or other harmful elements. You agree that in using this website you have not relied on any Warranty made by us not expressly contained in these terms of use. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

If applicable law prohibits the exclusion of any of the Warranties referred to above, to the extent legally permitted, Devwest limits its liability for breach of any such Warranties to resupply of the affected products or services or payment of the cost of resupply of the affected products or services, at its sole discretion.

Password Security

If you are allocated a password to access any part of this website, you are responsible to prevent the password being disclosed to any third party.

Accuracy and Use of Information 

Except as otherwise provided, Devwest makes no statement regarding the accuracy, currency and correctness of the material and information contained on this website. Neither Devwest nor its directors and officers, accept responsibility for any errors or omissions which may subsequently be found evident on this website.

No person should take action on reliance of the material contained on this website, but instead should satisfy themselves independently of the appropriateness of such action.

Past Performance

Past performance of any product or investment (including managed investment schemes) described on this website is not a reliable indication of future performance.

Forward-looking Statements

Statements contained on this website and in information published by us from time to time may include statements of future expectations. Forward-looking statements can be identified by the use of forward-looking terminology such as ‘may’, ‘will’, ‘should’, ‘expects’, ‘plans’, ‘intends’, ‘anticipates’, ‘believes’, ‘estimates’, ‘predicts’, ‘potential’, or ‘continue’ or the negative or other variations of comparable terminology.

Forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond the control of Devwest. Such statements are subject to risk and uncertainties that could cause actual results to differ materially from those projected. Such statements (none of which is intended as a guarantee of performance) are
subject to certain assumptions, risks and uncertainties, which could cause the actual future results, achievements or transaction to differ materially from those projected or anticipated.

Forward-looking statements are provided in good faith and are believed to have a reasonable basis. No assurance is or can be given that the results, performance or achievements expressed or implied by any forward-looking statements will actually occur. Accordingly, you should not place undue reliance on these forward- looking statements.

You should note that actual results, performance or events may differ materially from those in such statements due to, without limitation:

• General economic conditions, including in particular economic conditions.
• Performance of financial markets, such as the property market.
• Performance of service providers.
• Legal disputes and conflicts.
• Market factors, including property, volatility, liquidity and credit events.
• The availability of debt finance, including senior and mezzanine finance.
• Market interest rate levels and applicable margins.
• Changes in the value and income generated from direct and indirect investments owned by the funds we operate.
• The impact of wars, acts of terrorism and disasters, such as fire, flood or earthquake on assets.
• Changing levels of competition.
• Changes in laws and regulations.

Many of these factors may be more likely to occur, or more pronounced.

We assume no obligation to update any forward-looking statement contained on this website or in other information published by us from time to time.

Website Links

All external links located within this website are for reference only. We do not recommend or endorse the company, product or service associated with the external link. We are not responsible for the content of any site linked to this website.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open mail, URL requested and referral URL. This information is not shared with third parties. Any individually identifiable information related to this data will not be used in any way different to that stated in these terms of use.

Use of Cookies

We may use a browser feature called a ‘cookie’ to collect information anonymously and track user patterns on our website. A cookie is a small text file that is placed on your hard disk by a website. Cookies contain a unique identification number that identifies your browser, but not you, to our computers each time you visit our website. Cookies tell us which pages of our websites are visited and by how many people.

The use of cookies is an industry standard and many major browsers are initially set up to accept them. You can reset your browser to either refuse to accept all cookies or to notify you when you have received a cookie. However, if you refuse to accept cookies, you may not be able to access or use all of the features available on our website.

Spam

We may publish electronic addresses on this website to facilitate communication relating to our business functions. This is not to be inferred as consent by us or the relevant addressees to receiving unsolicited commercial messages or SPAM as referred to in the Spam Act 2003 (Cth).

Our Contact Details