We are committed to protecting your privacy and the confidentiality of any personal information that we collect from you, whether that information is provided in written form, verbally or over the internet.

In collecting and handling your personal information, we abide by the National Privacy Principles (“NPPs”) established under the Privacy Amendment (Private Sector) Act 2001. You can obtain information about the NPPs and your privacy rights at the Privacy Commissioner's website at http://www.privacy.gov.au/.

Please read the following to understand how we will treat your personal information.

What personal information do we collect?

If you invest in our products, we collect information that enables us to provide you with your chosen investment product. This information includes your name, address, contact details, and may include (depending on the product), trust or fund name, bank account details if you wish to receive your income distributions by direct credit and tax file number (optional, except for mortgage investments).

We primarily collect your personal information via your application form or letter of intent which we receive either directly from you or through your financial adviser. Occasionally, we collect information through telephone or e-mail enquiries about our products. Sometimes we receive notice from your financial adviser of changes to the personal information that we hold which we use to update that information.

In addition, APS collects name, address, contact details and financial information from proposed individual tenants of the properties it manages and AFML collects similar information from applicants for mortgage facilities provided by the Abacus Mortgage Fund.

For what purposes do we collect personal information?

(a)             If you are an investor or applicant

We ask you for personal information that is necessary to enable us to process your application and to administer and report to you on your investment(s). We are authorised to collect tax file numbers by the Income Tax Assessment Act 1936. It is not compulsory for you to provide your tax file number for our property investments, but if you don’t taxation law requires us to deduct tax from your distributions at the highest marginal rate. We do require tax file numbers for our mortgage investments as, without them, the trustee may incur substantial withholding tax liabilities.

(b)             If you are applying for a mortgage facility

AFML asks you for personal information that enables it to assess your (or your business’s) application for the facility and the adequacy of the security (including directors’ guarantees) offered or required, and to provide the facility and manage the mortgage(s).

(c)              If you are a tenant or applying for a tenancy

APS asks personal information that will enable it to assess your ability to pay the rent, and in order to prepare the lease and any associated documentation and manage the tenancy.

(d)             Other uses

We may use your contact details to let you know about other products we offer, or about developments within or affecting us. If you do not wish to receive such communications, you can let us know by e-mailing or telephoning us at the contact details below.

We will not use or disclose your personal information for any purpose other than as set out above, for a related purpose in circumstances where you would reasonably expect such use or disclosure, where you have consented to such use or disclosure or in circumstances otherwise authorised by the NPPs.

To whom do we disclose personal information?

As AFML outsources its unit registry administration and maintenance, it needs to disclose the personal information provided on application forms to its registry. In the case of mortgages, AFML may disclose personal information to other mortgagees as required under conveyancing or real property legislation or other loan or security documentation to which you, or your company, is a party. AFML may also disclose your information to APS to assist in management of the mortgage.

The products like put options and renounceable sales contracts offered by APS require APS to forward your application to the solicitors who prepare the documentation relating to the product.

APS may disclose some personal information of tenants to leasing agents and landlords as part of the administration of leases. Where properties or mortgages are held by a custodian as agent of AFM in its trustee or responsible entity capacity, AFML or APS may need to disclose information to the custodian for execution of security documents, leases and related documents.

If necessary to assist us in performing the duties outlined above, we will share personal information with related companies. All related companies are required to adhere to the NPPs and will protect your personal information in accordance with the NPPs.

Cookies

Our web site uses cookies which allow us to identify your browser while you are using our site. Cookies do not identify you, they simply allow us to track usage patterns so that we can measure the level of interest in various areas of our site. Most web browsers are set up to accept cookies. You can re-set your browser to refuse all cookies or to receive a warning message with each cookie which you can then refuse by turning it off in your browser. Your internet service provider should be able to assist you to set your preferences.

Unless you provide an email address in the course of your visit to our web site, we cannot identify you.

The security of your personal information

We treat your personal information at all times as confidential. All paper files are stored in lockable cabinets or dedicated safe custody rooms which are locked out of hours. Access to our premises is controlled by allowing only personnel with security passes to access the premises. All electronically held information is protected through the use of firewalls and access passwords on each computer. Data is backed up each evening and stored securely off site.

Updating and accessing your personal information

If you become aware or believe at any time that information we hold about you is inaccurate, incomplete or outdated, you may contact us by any of the methods set out below and provide us with evidence of the inaccuracy, incompleteness or outdatedness and we will, if we agree that the information requires correcting, take all reasonable steps to correct the information.

In most cases, you are entitled to access your personal information. We will endeavour to respond to any request for access within two to four weeks, depending on the complexity of the information or the request. Under the NPPs, access can be denied in certain circumstances; we will give you our reasons for denying access if we do so. If the request is complex or time consuming, we may charge a fee for giving you access.

Making a complaint

If you have a complaint about our treatment of your personal information, you should contact us by any of the methods set out below. Depending on the complexity of your complaint, we will consider and respond to it within 7-30 days. We will use our best endeavours to resolve any complaint to your satisfaction. However, if you are not satisfied with our response, you are entitled to contact the Office of the Privacy Commissioner who may investigate your complaint further.

Contacting us about privacy and your personal information

Address:	Privacy Officer C/- Abacus Funds Management Limited, Level 34 Australia Square, 264-278 George Street, Sydney NSW 2000
Telephone:	612 9253 8600
Facsimile:	612 9253 8616
E-mail:	privacyofficer@abacusproperty.com.au