Archer Capital Pty Limited and its related bodies corporate and affiliates (altogether, the Archer Capital Group) respect the privacy of your personal information and are committed to complying with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs) as established under the Privacy Act. The APPs regulate the handling of personal information including its collection, handling, use, disclosure and storage.
Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not. This may include your name, address and telephone number.
How Archer Capital Group collects your personal information
Archer Capital Group may collect your personal information in a number of ways, including:
directly from you;
from publicly available sources; and
by analysing Archer Capital Group’s own records of your use of Archer Capital Group’s services and website.
Archer Capital Group may also collect your personal information when required to do so by law.
Kinds of personal information collected and held
Archer Capital Group collects personal information in the ordinary course of business. The personal information collected, held, used and disclosed will depend on the nature of your relationship with Archer Capital Group.
The kind of personal information we may need to collect from you includes:
Investors - Name, address, personal and business contact details, personal financial, banking and tax information (including tax file numbers), investor adviser details.
Advisers - Name, address, personal and business contact details, professional or practice details.
Employment Applicants for both Archer and Investee Companies – Name, address, personal and business contact details, curriculum vitaes including professional qualifications, professional or practice details, membership of any professional association, education, prior employment, history, references and any other information that the applicant may provide.
Use and purposes of collection
Archer Capital Group collects personal information in the ordinary course of business to provide and develop Archer Capital Group’s private equity fund management and advisory services for investors in Archer Capital Group funds. Archer Capital Group may use your personal information to:
verify your identity;
facilitate the provision of our services to you or your services to Archer Capital Group;
inform you of existing and proposed commercial opportunities;
manage our business;
better understand your needs in the area of private equity fund management and advice;
improve the quality and scope of the services Archer Capital Group provides;
employee and portfolio management recruitment and assessment;
to company with legal obligations and / or governance requirements including requirements for Australian Financial Services Licensees and in relation to anti-money laundering and know-your-customer; and
do things related to the purposes described above which would be reasonably expected by you.
Archer Capital Group will not use your personal information for purposes other than those described above unless you have consented to it or Archer Capital Group is required to do so by law.
Disclosure of your personal information to others
Archer Capital Group may disclose your personal information to third parties to assist Archer Capital Group in providing its services. Third parties that Archer Capital Group may disclose your personal information to include:
Archer Capital Group’s business partners;
persons engaged in providing Archer Capital Group with professional, financial, business, technology and corporate services when reasonably required;
foreign and domestic governmental agencies and regulators in relation to compliance, anti-money laundering or law enforcement, including Foreign Investment Review Board and the Australian Taxation Office (or the equivalent in foreign jurisdictions); and
others in accordance with your express consent or otherwise authorised by you.
Archer Capital Group does not sell any personal information to any third party nor does it share or disclose your personal information to third parties for separate and unrelated use of that personal information by the third party.
Sending your personal information outside Australia
Archer Capital Group will only send your personal information outside Australia with your consent or if Archer Capital Group is authorised or required to do so by law. In relation to personal contact information, Archer Capital Group’s IT and data service providers may send your personal information overseas for the purposes of data storage and hosted contact management systems. Currently this is limited to the United States of America.
Archer Capital Group’s investor personal information is stored on servers kept in Australia. For Archer investors investing through an offshore entity, your personal information will be shared with the offshore entity, its professional service providers and foreign governments, regulators or other entities as may be required by law. Further details will be provided to the specific investors to which this applies at the time of fundraising or transfer of interests.
Archer Capital Group will take reasonable steps to ensure that any overseas third parties have processes in place to protect personal information from unauthorised use and disclosure.
By providing Archer Capital Group with personal information or through your use of Archer Capital Group’s website, you consent to the disclosure and transfer of your personal information to these overseas recipients and understand that they may not be subject to the Privacy Act and APPs (or equivalent laws). Accordingly, you understand that:
the overseas recipient may use, disclose or otherwise handle your personal information in a manner that breaches the APPs;
Archer Capital Group is not liable for any such breaches of the APPs by the overseas recipient (i.e. section 16C of the Privacy Act will not apply);
you may not be able to seek redress in respect of any such breaches of the APPs by the overseas recipient; and
you may not be able to access, correct or make a complaint in respect of, any of your personal information that is held by the overseas recipient.
If you wish to withdraw your consent to any future disclosures of your personal information to these overseas recipients, please contact us using the details below.
Access to and accuracy of personal information
Archer Capital Group will take all reasonable steps to ensure that the personal information Archer collects, handles, uses, stores or discloses is accurate, up-to-date and complete.
You may access personal information that Archer Capital Group holds about you. You may also request Archer to correct personal information that Archer Capital Group holds about you. Archer Capital Group will respond to a request for access or correction to personal information within a reasonable period. Where it is reasonable and practicable to do so, Archer will provide access to the personal information in the manner requested by you. To make a request, please contact Archer using the contact details below.
In some circumstances, Archer Capital Group may not be permitted by law to provide you with access to your personal information. If this is the case, Archer Capital Group will provide you with reasons for its decision.
Consequences if requested personal information is not provided
If you do not provide requested personal information, or if that personal information is incomplete or inaccurate, it may:
contravene taxation and anti-money laundering legislation
prevent the provision of fund management or advisory services to Archer Capital Group Investors, and/or
prevent Archer Capital Group from being able to contact you.
Archer Capital Group will take all reasonable steps to safeguard your personal information from loss, misuse, unauthorised access, modification, inappropriate disclosure or destruction.
Archer Capital Group’s Website
Certain personal information can be passively collected as you navigate through Archer Capital Group’s website through a variety of technologies. Passively collected personal information is not combined with personal information collected elsewhere on Archer Capital Group’s website unless you have consented to it.
Archer Capital Group’s website is not intended for children under the age of 16 years. Archer will not knowingly collect personal information from website visitors of this age group.
Complaints about Privacy
Where you are not satisfied with how your complaint has been handled by Archer Capital Group, you are entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). You can make a complaint to the OAIC using any of the methods listed on their website (https://www.oaic.gov.au/privacy/privacy-complaints/).
How to contact us
Phone: +61 2 8243 3333
Post: Privacy Officer, Archer Capital Pty Ltd, Suite 7 Pier 2/3, 13 Hickson Road, Dawes Point NSW 2000, Australia