Privacy Policy
1 Privacy policy
Sky Peak Capital Pty Ltd ACN 679 445 731 (Sky Peak Capital) is committed to protecting your privacy and safeguarding your personal information.
This privacy policy explains how Sky Peak Capital collects, manages and protects personal information, including:
(a) What personal information does Sky Peak Capital collect?
(b) How does Sky Peak Capital collect and store personal information?
(c) How does Sky Peak Capital use your personal information?
(d) How is personal information disclosed to others?
(e) How may you access or correct your personal information?
(f) How can you complain if you have concerns about how Sky Peak Capital has managed your personal information?
(g) If you have not received a response to your complaint or are unhappy with the outcome?
Sky Peak Capital has practices in place to comply with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Privacy Act). These principles govern how organisations handle personal information. This privacy policy applies to Sky Peak Capital and its related bodies corporate (referred to as ‘we’, ‘us’, or ‘our’).
This policy is written in simple language. The legal obligations of Sky Peak Capital in respect of collecting and handling personal information are outlined in the Privacy Act and, in particular in the APPs, found in Schedule 1 of that Act.
1.1 What personal information does Sky Peak Capital collect?
Personal information is information or an opinion about you from which you can be reasonably identified. The personal information Sky Peak Capital may collect about you will depend on the circumstances of collection, including whether we collect the information from you as a customer, supplier, contractor, stakeholder, job applicant or in some other capacity.
Sky Peak Capital collects personal information so that we can provide you with our products and services and comply with our legal obligations such as those under superannuation laws, taxation laws and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. If Sky Peak Capital does not collect your personal information, we may not be able to provide you with a product or service.
The product or service that we are providing will also determine what information we will collect about you. The kinds of personal information that Sky Peak Capital may collect and hold about you include: your name, contact details, date of birth, citizenship, tax file number (TFN), employment details, financial information and banking details. In some cases, we may collect information about your family (e.g. details related to your spouse).
In addition, we may collect personal information about individuals who are not customers of Sky Peak Capital (e.g. business contact details of a company representative with whom we deal).
In the context of Sky Peak Capital’s recruitment process for employees and contractors, we may collect and hold the following kinds of personal information about you: your name, contact details, date of birth, citizenship, employment references, civil, credit and criminal records, regulatory accreditation, media (including social media), directorships, property ownership and driver’s licence information, education, employment history and credential variation.
In the employment context, we may also collect and hold the personal information listed above, as well as your TFN, financial information, banking details, and other personal information that may be collected in your use of Sky Peak Capital systems or assets. This information may be collected to assist us in monitoring compliance with our internal policies and perform other necessary functions and activities.
Generally, we will not collect sensitive information about you (such as your race, political beliefs or religion). We may collect information about your health if necessary to provide you with a product or service. If we need sensitive information, we will ask for your consent when we collect this information (unless an exemption applies).
1.2 How does Sky Peak Capital collect and store personal information?
Collecting information
Depending on how you choose to interact with us, we may collect your personal information when you contact us or our service providers by telephone, by email, through our websites, complete an application or registration form, or when you meet one of our representatives face to face.
Sky Peak Capital may also collect information about you from third parties. For example, Sky Peak Capital may collect personal information from:
(a) our authorised representatives and adviser(s);
(b) our service providers;
(c) your employer;
(d) family members or anyone you have authorised to deal with us on your behalf;
(e) our legal or other advisers;
(f) referees, in the case of prospective employees; and
(g) any other organisation or person where you have consented to them providing your personal information to us or consented to us obtaining personal information from them.
Collecting information from visits to Sky Peak Capital ‘s website
Sky Peak Capital may use cookies to collect information to enhance our products and services, including optimising our website. This information may include details such as your internet browser, operating system, IP address, and the domain name of your internet service provider. We use this data for internal purposes, such as improving the content and functionality of our website.
Sky Peak Capital uses ‘cookies’, analytics tools and other data collection methods to collect anonymous information on website users and their activity. Cookies are small text files that are placed on your computer by the websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
Information we collect includes (but is not limited to) how the website is found, which pages are viewed, and how frequently a visitor comes to the website. This information is combined into an overall picture about how our website is used and does not individually identify you.
If you are uncomfortable with the use of cookies, you can manage and control them through your browser settings, and this includes by deleting them from your ‘browser history’ (cache) when you leave the website.
The information collected is only used Sky Peak Capital and its related bodies corporate and by preferred vendors for our analysis, to measure the success of our digital advertising, and to improve our ability to provide relevant information and content to users.
No attempt is made by Sky Peak Capital to personally identify you, except when you submit a digital form. If you complete and submit a form on our website, you agree to enter your information to this platform. The information we collect is stored, accessed and used by us to administer this platform as required.
Securing your personal information
We hold personal information in secure computer storage facilities (both in-house and at our service providers) and on paper-based files, as well as in other formats. Sky Peak Capital takes reasonable steps to protect your information from loss and unauthorised access, destruction, use, modification or disclosure. Access to personal information held by Sky Peak Capital is controlled to prevent misuse or unauthorised disclosure of the information. We utilise a range of technical security measures such as secure authentication, password controls, encryption, firewalls and anti-virus technology to prevent unauthorised access to your information.
Sky Peak Capital’s vendors that administer personal information are required to comply to similar protection measures.
1.3 How does Sky Peak Capital use your personal information?
Sky Peak Capital may collect, hold, use or disclose your personal information to provide you with a range of products and services, such as establishing and managing your investment in our investment funds and providing you with financial product advice.
We may also collect, hold, use or disclose your personal information to:
(a) consider any concern or complaint that you raise against Sky Peak Capital and/or to manage any legal action between you and Sky Peak Capital;
(b) prevent or investigate any actual or suspected fraud, unlawful activity or misconduct;
(c) identify you or establish your tax status under any Australian or foreign legislation;
(d) comply with any relevant laws, regulations, codes of practice and court orders; and
(e) consider applicants for employment.
Personal information collected about you may be used by Sky Peak Capital’s related bodies corporate, but only if this is necessary in order for us to provide you with our products or services.
Sky Peak Capital may use your personal information that we have collected about you to identify a product or service that may be of interest to you. If at any time you no longer wish to be notified about other Sky Peak Capital services or promotions, please contact us. Privacy specific contact details are included at the end of this policy.
We may also use your information for other purposes required or authorised by or under law (including purposes for which you have provided your consent).
From time to time, Sky Peak Capital and our related bodies corporate may use your personal information to inform you about products and services offered by us.
You have the option to opt out of receiving direct marketing communications from us at any time by contacting us using our contact details.
1.4 How is personal information disclosed to others?
Sky Peak Capital does not sell, rent or trade your personal information to, or with, third parties. In some circumstances your information may be disclosed to Sky Peak Capital’s related entities or service providers that perform a range of services on our behalf. Examples include:
Where we disclose your information to our service providers, we will take steps to ensure they are authorised to only use personal information in order to perform the functions required by Sky Peak Capital.
Depending on the nature of the product or service that we are providing, we may disclose your personal information to your nominated representatives (e.g. your financial adviser) and their respective service providers.
We may also disclose your personal information to law enforcement agencies, courts or government agencies where required to comply with specific legal requirements.
1.5 With your consent, we may also disclose your personal information to other third parties and for other purposes. That consent may be written, verbal or implied from your conduct. How may you access or correct your personal information?
You may contact us to request access to the personal information we hold about you at any time. You may also ask us to correct information about you that you may believe is inaccurate, incomplete or out of date.
We will need to verify your identity before giving you access or correcting your information.
In certain circumstances, Sky Peak Capital may not be able to correct or provide you with access to your information. In these circumstances, we will write to you to explain and provide the reasons why.
1.6 How you may complain if you have concerns about how Sky Peak Capital has managed your personal information
If you have a complaint related to how we have dealt with your personal information, please contact our complaints and privacy officer via:
(a) Telephone: 1300 432 227
(b) Email: info@skypeakcapital.com.au
(c) Post: Suite 202 L2 The Wave Building, 89-91 Surf Parade, Broadbeach QLD 4218
Resolving your concerns may require Sky Peak Capital to share your personal information with third parties in this process, including to our service providers or regulatory bodies. We will acknowledge any privacy related complaint within one business day of it being received and make every effort to resolve your issue as quickly as we can. Within this timeframe, we will also aim to provide you with the contact details of the person in our organisation who will be investigating your complaint.
If we are unable to resolve your complaint within seven business days, we will reach out to:
(d) provide a progress update ;
(e) confirm the applicable maximum response timeframe for your complaint; and
(f) your options if you are not happy with our handling of your complaint or are unhappy with the outcomes or resolution we have proposed.
In any case, we will provide you with a decision regarding your complaint within 30 calendar days.
1.7 If you have not received a response to your complaint within the maximum response times above or you are unhappy with the outcome of the complaint
If a complaint remains unresolved or you remain unhappy with the outcome of our response to you, then you may apply to the Office of the Australian Information Commissioner (OAIC) to have the complaint heard and determined.
When we write to you about our decision, we will explain how you may make a complaint to the OAIC.
The OAIC may be contacted on the privacy hotline: 1300 363 992
Need more information
If you wish to complain about how we handled personal information about you, you can lodge a complaint by doing one of the following:
(a) If your complaint relates to our investment funds, by telephone on 1300 432 227
(b) Via email: info@skypeakcapital.com.au
(c) By post addressed to: Suite 202 L2 The Wave Building, 89-91 Surf Parade, Broadbeach QLD 4218
If you have any questions about this privacy policy or if you wish to access or correct your personal information, please contact us via the contact details listed above.
1.8 Changes to this privacy policy
We may update this privacy policy from time to time. By browsing our website, you agree to be bound by the terms and conditions of our privacy policy as it appears at the time. Revised versions of this privacy policy will be posted here. Sky Peak Capital will notify you by other means (for example, by placing a notice on its website) if it makes material changes to this policy.