Privacy

Forza Capital Pty Ltd (Forza Capital), its related bodies corporate and its subsidiaries are committed to its clients and the protection of their information and privacy. Forza Capital is bound by the Australian Privacy Principles of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 in relation to the collection and treatment of personal information. This Privacy Policy sets out the approach Forza Capital takes in relation to the way we collect, use, disclose, correct and allow access to personal information. This Policy is in line with the additional 13 Australian Privacy Principles outlined in Schedule 1 of the Privacy Amendment Act 2012. 

 Forza Capital may update this privacy policy from time to time so please review it periodically for changes on our website at www.forzacapital.com.au.

 CONSIDERATION OF PERSONAL INFORMATION PRIVACY

 Forza Capital may, at times, request certain information from you in the course of operating its business

 Kinds of person information we hold

Forza Capital only collects personal information necessary to provide services to our clients. Information that may be collected may include, but not be limited to:

  • Your full name;
  • Company (and title);
  • Investment Entity details (name, ABN, ACN);
  • Address and contact details;
  • Details of investments you have made with Forza Capital;
  • Financial details (bank account details, Tax File Number, FATCA or CRS details);
  • Information on your level of income of wealth in order to meet Wholesale investor tests in accordance with the Corporations Act;
  • Copies of investment documentation including Certificates of Incorporation, Company checks, Trust Deeds and any other information required under the AML/CTF Act;
  • Other information so requested.

 If you provide us with additional personal information that is not requested or required (unsolicited personal information) we will, unless otherwise required or permitted by law, delete or destroy it as soon as possible after receiving it.

 In certain circumstances we may be required or permitted by law or Court or Tribunal order to collect certain personal information about you. For example we may need to collect your name, residential address, country of residence, date of birth, business name, directorship appointments, corporate or investment documentation, copies of passports or licences and other types of personal information required by law, including (but not limited to) information required under the following:

  • Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (“AML.CTF Laws)
  • Income Tax Assessment Act 1997/ Tax administration Act 1953
  • Superannuation Industry (supervision) Act 1993

 How we collect and hold personal information

Where practicable, we will collect information directly from you, unless you have given us permission to collect the information from another source (eg. your financial advisor, centralised information body such as Green ID). Information may be collected from you if you attend any of our presentations, invest in our products, subscribe for goods or services, attend client functions or seek information on our investments, services and other offerings. Depending on the type of service you have requested, we may also seek to collect information about someone else from you (for example, details of the members of your company/fund/SMSF).

Forza Capital is committed to the protection of your personal information. Personal information is kept within a secure environment to maintain integrity. We delete, destroy or permanently de-identify any personal information which is no longer needed, unless otherwise required by law.

In accordance with changes to privacy guidelines, if there is a breach of information held by us which may pose “serious risk” to you, we are bound to notify the Office of the Information Commissioner. Should such a breach occur, Forza Capital will notify both yourself and the Commissioner as soon as such a breach is detected. Such communication will outline the nature of the breach, what information has been breached and what we are doing to resolve the breach. As part of mitigating such risk, we have put in place a Data Breach Plan which will outline how we will respond to any breach

 The purpose for which we collect, hold, use and disclose personal information

Forza Capital only collects personal information which is reasonably necessary to provide you with our products or services. Your personal information will only be used and disclosed for the purpose for which it was collected. We may use your personal information:

  • to administer our products and services;
  • to conduct verifications, monitoring and reporting required under the AML/CTF Laws;
  • to respond to your request for help or information;
  • to record tax information such as TFN, ABN, country of residence in order to report to the ATO (and other relevant bodies required by law) and withhold tax correctly from payments.
  • to invite you to events;
  • to send information to you which you have requested;
  • in assisting with processing your application;
  • to manage your investments;
  • to inform you of other potential investment opportunities; and
  • to ensure our internal business operations are working effectively, which may involve using your personal information for risk management purposes.

 Who we disclose personal information to

In the process of providing our services to you, Forza Capital may need to disclose your information other entities. Such entities may include:

  • Our suppliers;
  • Related bodies corporate ;
  • Contractors ;
  • Agents such as lawyers, accountants, compliance and risk management consultants;
  • Other persons with whom we undertake business dealings;
  •  The Australian Taxation Office or other Government agencies, both domestic and abroad, for the purpose of legislative compliance and reporting;
  •  Your personal financial advisor/ planner or legal advisor and their service providers (if you have provided consent for such disclosure) for the purpose of managing your affairs;
  • Government bodies, regulators, law enforcement agencies and any other parties where authorised or required by law.

 Forza Capital will not supply your personal information to anyone outside the organisation, including local and overseas recipients, without your consent, unless we are required or permitted to do so by law or it becomes necessary for the proper and efficient conduct of our business. It is unlikely that your personal information will be disclosed to overseas recipients however if this is required then the country to which such recipients are located and their business details will be fully disclosed upon seeking your consent.

 How to access and update your personal information

You may request access to personal information held about you. Forza Capital will generally allow you to access your personal information, unless there are certain legal or administrative reasons to deny access. Access will generally be granted provided that:

  • Any request to view your personal information is in writing;
  • Reasonable notice is given; and
  • At the time such information is to be produced by Forza Capital, you provide suitable identification

 A fee may be charged to cover the reasonable cost of processing your request. Forza Capital will take all reasonable steps to ensure the information we retain is accurate, complete and up to date. If any information held by Forza Capital is found to be incorrect, please contact us immediately and we will take all reasonable steps to correct it.

 Complaints Process:

If you have a complaint about a breach of the Australian Privacy Principles please contact a Forza staff member or email info@forzacapital.com.au.  You will need to provide us with sufficient details regarding your complaint together with any supporting evidence. Your complaint will be referred to our Compliance Officer who will investigate the issue and determine the steps (if any) that we will take to resolve your complaint. We will notify you in writing of the outcome of any investigation.

If you’re not satisfied with our determination, you can contact us to discuss your concerns or register your complaint with the Australian Privacy Commissioner via www.oaic.gov.au. If you would like to view a copy of our Complaint Process Policy please contact one of our staff members.

CONTACT DETAILS
For issues of privacy, or should you wish to update your details please contact:
Privacy Officer
Forza Capital
Level 20
114 William Street
MELBOURNE Victoria 3000
Phone: 03 9650 9300
Email: info@forzacapital.com.au

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