Privacy Policy

The last update to this document was 26 August 2021.


Introduction

This policy applies to the following entities:

• Thundering Herd Pty Ltd ABN 22 603 726 085 AFS Representative Number 1239469 (an authorised representative of Acentus Pty Ltd ABN 38 603 726 530 AFSL 482717);

• Thundering Herd Funds Management Pty Ltd ABN 33 634 036 329 AFSL 519319;

• Thundering Herd Capital Pty Ltd ABN 84 634 036 169 AFS Representative Number: 001277225 (authorised representative of Acentus Pty Ltd ABN 38 603 726 530 AFSL no. 482717)

• Acentus Pty Ltd ABN 38 603 726 530 AFSL 482717,

(collectively referred to in this document as "the Group", "we", "us", "our").

We are committed to complying with the Privacy Act 1988 (Cth) and the Australian Privacy Principles as well as the Privacy Credit Reporting Code in relation to the personal information that we collect in the course of running our business.

Please take a moment to read our Privacy Policy as it explains how we manage your personal information including your credit-related personal information, and outlines our obligations and your rights in respect of our dealings with your personal information.

We may make other privacy disclosures to you or seek your authority to use your personal information in ways which are different from or more specific than those stated in this Privacy Policy. In the event of any inconsistency between the provisions of this Privacy Policy and those other disclosures, the other disclosures will apply.

Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices.

This Privacy Policy (other than section 11) explains how we manage personal information about individuals other than employees. Section 11 explains the position of employees.

Key definitions

In this document:

• "APPs" means the Australia Privacy Principles set out in the Privacy Act;

• "credit-related personal information" means credit information and credit eligibility information (for further details, see section 5);

• "personal information" has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;

• "Privacy Act" means the Privacy Act 1988 (Cth); and

• "sensitive information" has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person's racial or ethnic origin, sexual orientation or practices, criminal record, religious beliefs or affiliations, political opinions, membership of a political, professional or trade association, and biometric and genetic information.

1. How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. Where it is reasonably practical to do so, we will collect your personal information (including credit-related personal information and sensitive information) directly from you. We may collect the personal information you directly give us through some of the following means:

  • when you make an inquiry or submit an application in relation to our financial products or services, including through any of the websites operated by the Group from time to time including www.thunderingherd.com (our Websites);
  • when you apply to invest in one of our funds or other financial products;
  • when you enter into contracts with us for our products or services;
  • when you apply for a role with us;
  • when you contact us via telephone, social media platforms or other means;
  • when you upload content to or interact (in an identifiable manner) with our Websites or our social media pages; or
  • if you attend any of our premises, we may record certain contact details so that we can comply with applicable laws, and we may also record your image and/or voice if we have surveillance systems operating at those premises.

However, in certain cases we may collect personal information from publically available sources (for example, telephone directories) and third parties, such as our corporate partners or agents, your accountants and financial and professional advisors, referrers and other intermediaries, suppliers, recruitment agencies, your employer (or former employers), contractors, government agencies, credit providers and credit reporting bodies (see section 5 of this Privacy Policy for further details).

If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

2. Types of personal information we collect

The types of personal information we collect about you depends on the circumstances in which the information is collected. Typically, the types of personal information we collect include (but is not limited to) your name, address, email address and phone number.

If you request or receive financial products or services from us, you sign up to our Websites or have any other commercial dealings with us, we may also collect:

  • date of birth;
  • banking account and credit card details;
  • details of your financial position;
  • your tax file number, but only if we are permitted or required to request or collect this under applicable law;
  • your identification details such as passport and drivers licence, for anti-money laundering / counter terrorism identification requirements.

We may also collect credit-related personal information from a credit reporting body - see section 5 of this Privacy Policy for further details.

If you are an individual contractor to us or apply for a role with the Group, we may also collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

If you attend one of our premises, we may collect certain contact details that you provide to us including the date and time of attendance, and your image and/or voice through the use of CCTV systems we may have in place at our premises for managing security of the premises and health and safety of occupants and the public generally.

If you call us via telephone, we may monitor and in some cases record such telephone conversations for staff training, quality assurance and record-keeping purposes.

If you access our Website or our apps, we may utilise cookies to collect additional information about your use of our Website and apps. Please see the cookies section below for further details. If when you are on our Websites or our apps and you have provided us with permission to access your device location, we may collect information about your geographical location. If we communicates with you by email, we may use technology to identify you so that it will be in position to know when you have opened the email or clicked on a link in the email.

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act. The main types of sensitive information we may collect include details of injuries (ie. health information) that may occur on our premises or details of disabilities or allergies (i.e. health information) you notify us of so we can accommodate any special requirements when you attend our premises. If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.

Where you do not wish to provide us with your personal information, we may not be able to provide you with requested products or services and/or certain functionality of our Websites.

3. Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information.

We may use or disclose your personal information for the purposes for which we collected it (and related purposes which would be reasonably expected by you), for other purposes to which you have consented and as otherwise authorised or required by law.

In general we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. Some of the specific purposes for which we collect, hold, use and disclose personal information are as follows:

  • to offer, process and provide our financial products or services to you, including any funds that we may create, manage or administer;
  • to operate and provide our Websites;
  • to consider you for a job (whether as an employee or contractor) or other relationships with us;
  • to provide you with tax invoices for our financial products and services;
  • to receive products or services from you;
  • to provide you with information and marketing or promotional material that you request or have consented to receiving;
  • to optimise and customise the user experience (including content and advertising) for users of our Websites, apps and services;
  • to protect the security and integrity of our Websites, mobile apps and services;
  • to monitor, develop and improve our Websites, apps and services;
  • to obtain your feedback and to find out your level of satisfaction with our financial products and services;
  • to comply with our legal and regulatory obligations;
  • to confirm your identify you including to comply with applicable laws such as the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
  • to protect the security, health and safety of our premises, facilities, personnel and visitors;
  • to address any issues or complaints that we or you have regarding our relationship; and
  • to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

Section 5 describes our purposes for handling any credit related personal information.

4. Who we disclose your personal information to

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy. This may include disclosing your personal information to the following types of third parties:

  • our suppliers and contractors that provide us with technical and support services or who manage some of our business functions;
  • our related entities (who may use and disclose the information in the same manner we can);
  • our accountants, insurers, lawyers, auditors and other professional advisers;
  • your referrers, guarantors and other third parties that have an interest in the financial products and services we provide;
  • any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees);
  • government and regulatory bodies, as required or authorised by law;
  • in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors;
  • credit providers and credit reporting bodies (see section 5 of this Privacy Policy for further details);
  • debt collection agencies.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

If you post information to certain public parts of our Websites, apps or our social media pages, you acknowledge that such information may be available to be viewed by the public. You should use discretion in deciding what information you upload to such platforms.

5. Credit reporting policy

Details of credit-related personal information we collect and why

The types of credit-related personal information that we collect and hold may include:

  • credit information - which includes information about an individual's identity, credit liability, type and amount of consumer or commercial credit previously applied for, repayment history, overdue payments, serious credit infringements, credit arrangements, court judgments and publicly available information about the individual's solvency or credit worthiness; and
  • credit eligibility information - which includes the information we might derive from a credit report, such as information which assists us to assess your suitability for a financial product or to be a guarantor, your credit history with other credit providers and the likelihood of you being able to meet your commitments to us.

We may collect, hold, use and disclose your personal information including credit information and credit eligibility information for the following purposes:

  • to assess your credit worthiness and financial standing in connection with considering and processing applications for credit (including extended payment terms) and other financial products and services (including guarantees you may provide);
  • to establish, administer and manage any credit and other financial products and services you request or hold with us (including to collect overdue payments relating to amounts you owe or under a guarantee you have given);
  • for securitisation-related purposes; and
  • where otherwise required or permitted by law.

We will only use or disclose your credit-related information for the purposes for which it was collected, with your consent or where we are required or permitted to do so by law. The types of persons we disclose your credit-related personal information to depend on the circumstances, however this may include credit reporting bodies and other credit providers; your guarantors or proposed guarantors; third parties, such as external debt collectors; our related entities; our contractors and agents involved in providing the financial products and services we provide to you; third parties for securitisation purposes; and such other persons where required or permitted by law.

See section 6 for details as to how we hold and protect any credit information or credit eligibility information we collect.

See section 10 for details as to whether we may transfer or disclose your credit information or credit eligibility information to entities located outside Australia.

Notifiable matters under the Privacy Credit Reporting Code

We may collect and disclose your personal information to credit reporting bodies (CRBs).

The CRB/s we use, including their contact details and how you can obtain a copy of their credit reporting policy details, are as follows:

A CRB may include the information we provide to them in reports to credit providers to assist them to assess your credit worthiness. If you fail to meet your payment obligations in relation to credit we have provided or commit a serious credit infringement, we may be entitled to disclose this to the CRB.

You may access the personal information (including credit eligibility information and credit information) we hold about you, request that we correct that information and may make a complaint if you believe we have not complied with our legal obligations regarding your information under the Privacy Act or the Privacy Credit Reporting Code. See sections 9 (Access and Correction) and 12 (Complaints handling process) below for further details.

You may request CRBs not to use their credit reporting information for the purposes of pre-screening of direct marketing by a credit provider. You may also request CRBs not to use or disclose credit reporting information about you if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.

Our policy about the management of credit-related personal information is contained in our privacy policy (section 5 of this document) which is available at www.thunderingherd.com or you can contact us by post at Level 27, 101 Collins Street, Melbourne VIC 3000 or via email at enquiries@thunderingherd.com.au to obtain a copy in another form (e.g. hard copy).

6. Protection of personal information

We will hold personal information (including credit information and credit eligibility information) as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas. We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.

7. Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you, where:

  • you have consented to us doing so; or
  • it is otherwise permitted by law.

You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by contacting our Privacy Officer.

8. Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing our Websites. This information will help to better adapt our Websites to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Websites. We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Websites.

9. Accessing and correction

You may contact our Privacy Officer (see section 13) to request access to the personal information (including credit eligibility information and credit information) that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access (which we will only do in accordance with applicable laws), we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

10. Overseas transfers and disclosures

We do not generally disclose personal information (including credit eligibility information and credit information) to recipients located outside Australia.

11. Employees

We collect information in relation to employees as part of their application and during the course of their employment, either from them or in some cases from third parties such as recruitment agencies. Such information may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.

12. Complaints handling process

If you have any questions, concerns or complaints about this Privacy Policy or how we handle your personal information (including credit eligibility information and credit information), including if you believe we have breached the APPs or our obligations under the credit reporting provisions of the Privacy Act or under the Privacy Credit Reporting Code, please contact our Privacy Officer (see section 13).

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond to your complaint in accordance with any applicable timeframes imposed by law and otherwise within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218, Sydney NSW 2001

Telephone: 1300 363 992

Email: enquiries@oaic.gov.au

13. Contact details of Privacy Officer

The contact details for our Privacy Officer are as follows:

Postal address: Level 27, 101 Collins Street, Melbourne VIC 3000

Email: enquiries@thunderingherd.com.au

14. Links

Our Websites may contain links to other websites operated by third parties. We make no representations or warranties in relation to privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing you about their own privacy practices and procedures.

15. Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available at www.thunderingherd.com .