Who is TWT? 

This Privacy Statement applies to each of the following entities within the TWT corporate group:

1. TWT Funds Limited ACN 165 806 351 (TWT Funds);
2. TWT Funds Management Pty Ltd ACN 604 060 157;
3. Bridging Hope Pty Ltd ACN 605 224 548 as trustee for Bridging Hope Charity Foundation;
4. TWT Sales & Asset Management Pty Ltd ACN 147 216 626 trading as Kinsale Property Group;
5. TWT Property Group Pty Ltd ACN 611 972 091;
6. TWT Mortgage Income Fund Pty Ltd ACN 625 547 980 as trustee for TWT Mortgage Income Fund;

(the term TWT applies equally to each of the entities listed above, both as a corporate group and individually, as applicable). This Statement may be updated to include additional TWT entities or to remove one of the above entities by the Privacy Officer of TWT from time to time.

TWT operates a real estate development and financial services business, in which it sources and invests into real estate development opportunities and provides general financial advisory, management and transactional services for wholesale clients in respect of real estate investment opportunities, as well as acting as an investor or financier in its own right. In this role, TWT may act as a trustee or investment manager. TWT may also act as a development manager in respect of real estate development opportunities.

Our privacy commitment

Your personal information will always be handled by TWT in accordance with our Privacy Policy, this Statement and the Australian Privacy Principles. If you have any queries relating to TWT’s Privacy Policy or the manner in which we handle your personal information, please contact our Privacy Officer, Stone Xiao, on +61 2 9906 1888 or enquiry@twtglobal.com.au

Who do we collect personal information from?

TWT collects personal information from people who are potential clients and clients and from other people who are connected to its operations and activities – including employees, investors, investee companies, borrowers, service providers and suppliers.

What is personal information?

Personal information is any information or an opinion, whether true or not, about you that identifies you, or by which your identity can be reasonably ascertained. This includes information such as name, date of birth, gender, contact information, credit/debit card information, credit file information, information about your business or investment and business or investment track record.

How does TWT collect my personal information?

Whenever reasonable and practical to do so, TWT collects information about individuals directly from the individual.

In some cases, TWT collects personal information from third parties, including public sources, its related companies, referrers, brokers, agents, an individual’ or entity’s adviser(s), its service providers (including credit reporting agencies and information service providers), investee companies and other persons and entities with whom it does business.

TWT may also obtain information about you from third parties such as credit bureaus and identity verification services (such as Dun & Bradstreet, Veda and Experian), but if you are an individual, only where you have given express consent for it do so.

You agree that TWT may collect, store and use this personal information in accordance with this Privacy Statement.

For what purpose is my personal information being collected?

 The primary purpose for which TWT collects personal information is so that it can carry out its financial services business as an independent investment and advisory firm. We may use your personal information and you consent to your personal information being used to:

• provide advisory, management and/ or transactional services to you;

• enter into financing or investment arrangements with you or related to your business or entities or businesses or entities with which you are involved;

• in conducting its due diligence, review your business or investment history and track record;

• if you are an individual, where you provide express consent, provide your personal information (your name, address and date of birth) to credit reporting agencies so that your identity can be verified by e-verification processes (conducted by credit reporting agencies, such as Dunn & Bradstreet, Experian and Veda);

• provide client support;

• collect fees and payments owing to us;

• respond to your enquiries and concerns and resolve disputes;

• customise, measure and improve our financial services business and the content, layout and operation of our website and business processes;

• deliver targeted marketing regarding our services, investment opportunities and offers to you;

• contact you by email or telephone (by voice call or SMS); and

• compare information provided by you for accuracy and verify it with third parties.

TWT does not sell personal information to other organisations.

Secondary Purpose(s)

Your personal information may also be used for any other specific purpose for which it was requested, and which was advised to you and any directly related purpose to a primary purpose above.

Marketing purposes

 Where we use your personal information to send you marketing and promotional information by post, email or we contact you by telephone, you will be provided with an opportunity to opt-out of receiving such information. By electing not to opt-out, we will assume we have your implied consent to receive similar information and communications in the future. We will always ensure that our opt-out notices are clear, conspicuous and easy to take up.

Website usage information and cookies

When you access our website, we may use software embedded in our website (such as JavaScript) and we may place small data files (or cookies) on your computer or other device to collect information about which pages you view and how you reach them, what you do when  you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person and so the collection of such information is not personal information.

You may decline our cookies if your browser or browser add-on permits but doing so may interfere with your use of our website and TWT’s services. You can refer to the ‘help’ section of your browser or installed applications for instructions on blocking, disabling or deleting cookies.

In what situations may I deal with TWT anonymously or by pseudonym?

 You have the option to deal anonymously or by pseudonym if you contact us by telephone and you merely seek information about our services, but you do not wish to enter into any further discussions with us. However, if you wish to deal with us in this way, you will not be able to engage with us in respect of our service offering. If you wish to engage with us in respect of our service offering, you must provide us with your personal information.

What happens if I don’t provide all of my information?

If you do not provide some or all of the personal information requested, we will not be able to offer you the services you require, and we may not be able to provide you with all of the information that you seek about our services. For example, if you do not provide your personal information which is required for us to conduct our AML/CTF check in respect of your identity, we will not be able to engage with you as a potential client, investor or co-investor.

To whom is my personal information usually disclosed?

 In carrying out our business, we may need to disclose your personal information to others, as follows:

• (Related entities) to related entities of TWT;

• (Your financial adviser or your service providers) to your nominated financial adviser or service providers, with your permission;

• (Service providers under contract) who help with our financial services business operations including archival, auditing, legal, business consulting, banking, payment, delivery, data storage, data processing, data analysis, mailing, marketing, research, investigation, insurance, brokerage, maintenance, website and technology services – where we engage such service providers, our contracts provide that they may only use your personal information in connection with the services they perform for us;

• (Law enforcement, government agencies or other third parties as required by law) when we need to comply with law or credit card rules, or when we believe that the disclosure of personal information is necessary to prevent harm or financial loss, to report suspected illegal activity or to investigate contraventions of our loan arrangements; and

• (Credit bureaus, credit reporting agencies and collection agencies) to verify your identity by e-verification and to obtain information about your credit history (in each case, if you are an individual, with your consent) and to report account information.

Disclosure of personal information overseas

We are not likely to disclose your personal information overseas, except as permitted by the Privacy Act, unless we otherwise advise you in writing.

Where is my personal information stored?

Your personal information will be stored on a password protected electronic database, which may be a TWT database, a database maintained by a cloud hosting service provider or other third-party database storage or server provider. All such personal information is maintained within the effective control of TWT. We have arrangements which require third party service providers to maintain the security of the information and we take reasonable steps to protect the privacy and security of that information, however, we are not liable for any unauthorised access or use of that information.

Your personal information will stay on the database indefinitely until you advise you would like it removed, unless we de-identify it or destroy it earlier in accordance with privacy law requirements.

Access to your personal information

TWT will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we request that you identify, as clearly as possible, the type/s of information requested. We will deal with your request to provide access to your personal information within 30 days and you agree we may charge you our reasonable costs incurred in supplying you with access to this information.

Your rights to access personal information are not absolute and in certain circumstances, privacy laws dictate that we are not required to grant access such as:

• access would pose a serious threat to the life, safety or health of any individual or to public health or public safety;

• access would have an unreasonable impact on the privacy of other individuals;

• the request is frivolous or vexatious;

• denying access is required or authorised by a law or a court or tribunal order;

• access would be unlawful; or

• access may prejudice commercial negotiations, legal proceedings, enforcement activities or appropriate action being taken in respect of a suspected unlawful activity or serious misconduct.

If you agree to us verifying your identity using e-verification (i.e. electronic identity verification by a credit reporting agency), you have the right to access the verification assessment provided by the relevant credit reporting agency.

Updating your personal information

You may ask us to update or delete the personal information we hold about you at any time.  You accept that we will take reasonable steps to verify your identity before granting access or making any corrections to or deletion of your information. We also have obligations to take reasonable steps to correct personal information we hold when we are satisfied that it is inaccurate, out- of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

If you require access to, or wish to update your personal information, please contact us at TWT Funds Limited ACN 165 806 351 of Level 5, 55 Chandos Street, St Leonards NSW 2065, +61 2 9906 1888, or enquiry@twtglobal.com.au.

Problems or queries

 If you have any queries or complaints about our handling of your personal information in accordance with privacy laws or for further information about TWT’s Privacy Policy, please contact our Privacy Officer, Stone Xiao, on +61 2 9906 1888 or enquiry@twtglobal.com.au.

For more information about privacy in general, you can visit the Office of the Information Commissioner’s website at www.oaic.gov.au.

If you wish to make a complaint about the collection, use or disclosure of your personal information, please contact our privacy officer, and we will work with you to resolve the issue.

If after this process you are not satisfied with our response, you can submit a complaint to the Office of the Information Commissioner.  To lodge a complaint, visit the ‘Complaints’ section of the Information Commissioner’s website, located at http://www.oaic.gov.au/privacy/privacy-complaints, to obtain the relevant complaint forms, or contact the Information Commissioner’s office.