Privacy policy

Issued: 1 July 2023

Your privacy is important to us

333 Capital has created this Privacy Policy and Collection Statement (together referred to as ‘this Privacy Policy’) in order to demonstrate its firm commitment to privacy.

This privacy policy sets out how 333 Capital collects, uses, manages and discloses personal information and how 333 Capital aims to protect the privacy of your personal information.

333 Capital will update this privacy policy as required. If it is changed, the changes will be posted on 333 Capital's website so that you are always aware of the sort of information collected, how the information may be used, and under what circumstances it may be disclosed by 333 Capital.

Please note that if at any time 333 Capital is required by law to release information about you or your organisation, 333 Capital must cooperate fully.

This Privacy Policy does not apply to acts or practices of 333 Capital that are directly related to employee records of current or former employees.

Privacy Act and personal information

The Privacy Act 1988 (Cth) (‘Privacy Act’) and the relevant privacy principles under the Privacy Act regulate how private sector organisations can collect, store, manage, use, disclose and provide access to personal information.

For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Reasons for collecting personal information

333 Capital collects personal information primarily for the purpose of providing our services and conducting our businesses. This may involve collecting personal information from you to: 

• provide advice to you, an associated entity or a third party
• consider an employment application from you
• consider procurement of services from you
• provide you with access to our website and other online services
• provide our publications to you
• respond to queries you submit to us
• provide you with information about our services that may be of interest to you
• administer accounting, billing and other internal administrative services
• comply with our legal requirements under any applicable laws, including anti-money laundering legislation and any other legal requirements with which we must comply.

You are not required to provide your personal information to us. However if you choose not to provide personal information to us where requested (or provide inaccurate or incomplete information), we may not be able to provide services to you. 333 Capital may not consider employment applications without the requested information. 

333 Capital will use the personal information for the primary purpose and potentially for a permissible secondary purpose where:

• you have consented to that secondary purpose
• it would be reasonably expected to be used for the secondary purpose
• the secondary purpose is related to the primary purpose, or
• otherwise allowed by legislation.

Personal information 333 Capital collects

333 Capital collects personal information such as a person’s name, date of birth, address, telephone number, email address, driver’s licence details, passport details, tax file number, Australian business number, bank account details, investment information and employment information. 

In circumstances limited to prospective employees, 333 Capital will collect sensitive information such as membership of a professional or trade association, membership of a trade union or a criminal record. Your photo may also be taken.

How 333 Capital collects personal information

333 Capital collects personal information by lawful and fair means and not in an unreasonably intrusive way. Generally, 333 Capital will collect this personal information directly from you, for example by requesting that you provide the information when you:

333 Capital may monitor our employees' personal emails to ensure adherence to 333 Capital’s email and internal use policy.

333 Capital collects information when it is appointed to a corporation under provisions of the Corporations Act or is providing advisory services regarding a corporation. 

There may be other occasions when we collect personal information about you or from other sources, such as from a publicly maintained record or from an information services provider, for example where we are required to verify your identity under anti-money laundering legislation. 

Disclosure of your personal information by 333 Capital

From time to time, we may need to disclose your personal information to a third party. 
The types of third parties to which we may disclose personal information include:

• your financial, legal or other professional advisers or other persons you have authorised to act on your behalf
• service providers we engage to provide custody, administration, technology, auditing, mailing, printing or other services
• regulatory or government authorities (where required by law)
• our professional advisers (including legal and accounting firms, auditors, consultants and other advisers)
• our related companies.

Any such disclosures will be made on a confidential basis and, where possible, will require the third party to comply with appropriate privacy obligations.

Some of the recipients to whom 333 Capital may disclose your personal information may be based overseas. 333 Capital will only disclose your personal information on receipt of your consent. Your personal information may be shared for business related purposes with our related entities, our agents and third party suppliers that are located overseas in Singapore and the Philippines.  Such overseas recipients may not be bound by the Privacy Act. On granting your consent, you acknowledge that by consenting to 333 Capital disclosing your personal information to overseas recipients, Australian Privacy Principle 8.1 will not apply to the disclosure. This means that 333 Capital will not be required to take reasonable steps in the circumstances to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to that personal information and as a result 333 Capital may not be liable under the Privacy Act if the recipient does not act consistently with the Australian Privacy Principles. 

333 Capital develops aggregate (i.e. not individual) reports which incorporate some of the Information. The reports are for use by our business parties. However, these reports do not include any personally identifiable information.

Except for the above disclosures, 333 Capital will not sell, rent, trade or otherwise supply to third parties any personal information obtained from you unless you consent.

Security of your personal information

333 Capital takes all reasonable steps to protect the personal information we hold about you from misuse and loss and from unauthorised access, modification or disclosure.

333 Capital has in place a number of data security, information security and other similar security policies and procedures. These policies and procedures are regularly reviewed to ensure they remain current and appropriate. 

These security measures include:

• restricted access to personal information to hard copy information
• restricted access to personal information to soft copy information
• firewalls and
• encryption.

Accessing or changing personal information

Under the Privacy Act, you have a right to access or change your personal information that is collected and held by 333 Capital.
 
If you would like to access or change the personal information 333 Capital holds about you, you can contact 333 Capital and request the relevant change or access. In the first instance, you should contact your 333 Capital contact if you have one. Otherwise, please contact us as outlined below.

To action any change or access request, we will need to verify your identity and comply with our other procedures which are in place to prevent unauthorised access to personal information. 

We will take all reasonable steps to provide access or make the changes to your personal information within 30 days from your request.

333 Capital will not normally charge you any fees or costs for access to your personal information. Fees or costs may apply if providing you with access would require us to incur retrieval or other out of pocket costs. We will notify you if any such fees or costs would be payable.
 

Privacy complaints

If you believe that 333 Capital has contravened the Privacy Act or have any other privacy complaint regarding 333 Capital, you can make a complaint by contacting our Privacy Compliance Manager (the contact details for our Privacy Compliance Manager are below). 

333 Capital will seek to resolve any privacy complaints and will deal with privacy complaints as quickly as possible and in a respectful and confidential manner. 

333 Capital will investigate any privacy complaint you make and will inform you of the outcome of your complaint following the completion of the investigation. 

In the event you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.

How to contact us

For further information or enquiries regarding your personal information, please contact the 333 Capital Privacy Compliance Manager at [email protected], on +61 3 8623 3333 or by mail at GPO Box 2985, Melbourne Victoria 3001.