TERMS AND CONDITIONS
Please read these terms and conditions of use (“Terms”) carefully before using this website (“Site”). Your use of this Site is subject to and conditional upon your acceptance of these Terms which apply to and govern the Site and your use of the Site constitutes your acceptance of these Terms and conditions. If you do not agree with the Terms you should leave this Site immediately. The Terms may be varied at any time and your continued use of the Site constitutes your acceptance of the Terms as amended.
The information on this Site is provided by Optimal Fund Management Pty Limited ABN 66 059 062 832 (“Optimal”) for use by wholesale clients (Wholesale Clients) only and is not being provided to retail investors. Wholesale Client are persons defined as wholesale clients within the meaning of section 761G of the Corporations Act 2001, such as superannuation funds, Australian financial services licensees, listed entities and individuals investing at least $500,000, or who have net assets of at least $2.5 million or a gross income of at least $250,000 for each of the past 2 financial years, as certified by a qualified accountant.
The information in this Site is provided for use by Australian residents only and is not being provided to any person who is a resident of any other country. In particular, this Site is not intended for use by residents of the United States of America and Canada. The accessibility or distribution of the information on this Site may be restricted or prohibited by law in certain jurisdictions and Optimal has not taken any action which may be required by law in any jurisdiction outside Australia to permit these pages to be accessed by, or for the financial products referred to on this Site to be offered to, prospective investors outside Australia. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
The information on this website is published by Optimal, AFS Licence Number 247366. This licence permits Optimal to provide financial product advice to and to deal in a financial product with and on behalf of Wholesale Client only. If you are not a Wholesale Investor, please do not read or consider the material on this website. Optimal is the issuer of the financial products referred to on this Site.
The Private Placement Memoranda (“PPM”) which are available through the Site in respect of each of the funds managed by Optimal are intended only for Australian resident wholesale clients and are for information purposes only. The PPMs may be made available to investors from other jurisdictions (excepting the United States and Canada) only in accordance with the laws of that jurisdiction. Investors from non-Australian jurisdictions which access the PPMs through the Site represent and warrant in accessing the PPM that they are entitled to do so under the laws of their jurisdiction of residence. No PPM should be considered an offer or invitation to invest in any funds made to persons other than Wholesale Client.
No advice given
The information provided on this Site is of a general nature and does not constitute investment advice. It has been prepared without taking into account the objectives, financial situation or needs of any investor. For this reason, before acting on any of this information, you should consider its appropriateness, having regard to your objectives, financial situation or needs or you should consult a financial adviser to help you form an opinion on this information and whether it is suitable for your individual needs and aims as an investor.
None of the information on the Site constitutes an offer to issue or sell any financial product.
Investments are subject to risks including possible delays in repayment or loss of income or capital invested. Past performance of Optimal’s funds is not a reliable indicator of their future performance. Optimal does not guarantee the performance of any its funds, the return of an investor’s capital nor any specific rate of return.
This Site provides links to other websites operated by independent third parties. In particular, you should note that Optimal Fund Management Australia is a separate entity to Optimal and the link to its website is only for convenience and information.
Optimal is not responsible for the contents of these linked websites, and provides these links for your convenience only. Any information, opinions, representations or offers made in the linked websites are solely the responsibility of the third parties operating those sites and are not made by Optimal.
Optimal does not endorse or in any respect warrant any third party products or services by virtue of any information, material or content referred to or included on, or linked from or to this Site.
All materials contained in this Site including without limitation any text, photographs, HTML Code, software, graphic, logos, photographs, PDF files or artwork available on this Site (“Materials”), unless otherwise indicated, are protected by intellectual property laws and must only be used for personal, non-commercial purposes only. You may display, download, print and reproduce this material in unaltered form for your personal use only, subject to the following restrictions:
- you must keep all copyright and other proprietary notices attached to the downloaded Material;
- you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
- you will not download any information or Material from any part of the Site, if you are aware, or reasonably ought to be aware, that the information or Material should not, or was not intended, to be downloaded or distributed; and
- you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.
Any other use, including the reproduction, modification, distribution, transmission, republication, storage or display, of the Materials on this Site is strictly prohibited unless you have obtained the prior written consent of Optimal or unless it is expressly permitted by this Site.
General Disclaimers and Liability
Use of this Site is at your own risk. None of Optimal, its affiliates or any of their respective directors, officers, employees, agents, third party content providers or licensors make any express or implied representation or warranty, or shall be liable in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with this Site, its use, content or any products or services (including Optimal’s products and services) referred to on this Site. This includes (but is not restricted to) loss or damage which may be suffered in connection with:
- the content of the Site, including your reliance on its completeness, accuracy, suitability or currency;
- your use of this Site and any sites linked to it;
- your use of this Site if you are not a Wholesale Investor;
- services supplied by Optimal under these Terms;
- a failure or omission on the part of Optimal to comply with its obligations under these Terms;
- the unavailability of this Site for any reason, including due to computer or communications link downtime attributable to malfunction, upgrades or preventative or remedial maintenance activities; or
- computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
Continued Site availability and access
Optimal does not warrant that it will continue to make this Site available generally or at all and reserves the right at any time to impose fees for your future access to material appearing on this Site. We reserve the right at any time to alter the Site in such a way as to change the equipment needed by you to access or use the Site or any part of it.
You agree to indemnify and will keep Optimal, its affiliates and their respective directors, officers, employees, agents, third party content providers and licensors indemnified from and against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including negligence) incurred or suffered by Optimal (“Optimal’s Loss”) in connection with your (or where applicable, any other person using your username and password) use of this Site, breach of these Terms or breach of any rights of third parties.
Without limiting the preceding paragraph, you indemnify us for any of Our Loss incurred by virtue of any breaches by you of any third parties’ intellectual property rights as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this Site.
Exclusion of Warranties
To the extent permitted by law, Optimal expressly disclaims all warranties of any kind, whether express or implied, including without limitation all warranties with regard to information on this Site and other sites linked to it. Optimal makes no warranties that this Site is free of computer viruses, defect or contamination.
Rights we cannot exclude, limit or disclaim
This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.
This Site (excluding any linked, third party sites) is controlled by Optimal from Australia. These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You and Optimal agree to submit to the exclusive jurisdiction of the courts exercising jurisdiction there.
Optimal Fund Management Pty Limited (“Optimal”) is committed to safeguarding the personal information that we receive. We will hold personal information in confidence in accordance with the Australian Privacy Principles (“AAPs”) and the Privacy Act 1988 (Cth) as amended (“Privacy Act”).
What is personal information?
Under the Privacy Act, personal information is information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
What personal information do we collect and why do we collect it?
Optimal collects personal information that is reasonably necessary for one or more of its functions or activities. The type of information that Optimal collects and holds depends on your relationship with Optimal.
(a) Investor: If you are or may become an investor in an OptimalFund or you represent a person who is or may become investor in an Optimal fund, Optimal (through the registrars of the Optimal funds) may collect and hold information including your name, address, email address, contact telephone number, gender and age. Usually the contact information we collect represents your work contact details. We may also collect information about the funds in which the investor invests, the investor’s expressed investment preferences and the investment products and financial services supplied to the investor.
Optimal may be required by law to collect certain information from or about investors (eg, for the purposes of the Anti-Money Laundering and Counter Terrorism Financing Act), as well as other details which Optimal may require for the purposes of determining the investor’s tax situation – for example, tax file numbers. This type of information is generally collected and maintained by the fund administrator appointed by the relevant Optimal fund.
(b) Candidate: if you are a candidate seeking employment with Optimal, Optimal may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications and payment details.
(c) Supplier: if you are a supplier of Optimal, Optimal may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, information about goods and services supplied by you.
Sensitive information: Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.
Optimal does not collect sensitive information about its investors or persons representing them, or its suppliers. In respect of candidates for employment, Optimal will only collect sensitive information where you consent to the collection of the information and the information is reasonably necessary for one or more of the company’s functions or activities.
How Optimal collects and holds personal information
Optimal must collect personal information only by lawful and fair means. In nearly all cases, Optimal will collect personal information directly from you if it is reasonable or practicable to do so.
Optimal may collect personal information in a number of ways, including without limitation:
(a) through application or subscription forms for investment;
(b) by email or other written mechanisms;
(c) over a telephone call;
(d) in person;
(e) through transactions;
(f) through your use of our website;
(g) by technology that is used to support communications between us;
(h) through publicly available information sources (which may include telephone directories, the internet and social media sites);
(i) direct marketing database providers.
If Optimal collects personal information about you through publicly available information sources, it will manage such information in accordance with the APPs.
At or before the time or, if it is not reasonably practicable, as soon as practicable after, Optimal collects personal information, Optimal must take such steps as are reasonable in the circumstances to either notify you or otherwise ensure that you are made aware of the following:
(a) the identity and contact details of Optimal;
(b) if the collection of personal information is required by Australian law and/or a court or tribunal order, of that fact;
(c) the purpose for which Optimal collects the personal information;
(d) the consequences for the individual if Optimal does not collect some or all of the personal information;
(e) any other third party to which Optimal may disclose the personal information;
(g) whether Optimal is likely to disclose personal information to overseas recipients, and the countries in which those recipients are likely to be located.
Unsolicited personal information is personal information that Optimal receives which it did not solicit. Unless Optimal determines that it could have collected the personal information in line with the APPs or the information is contained within a Commonwealth record, it must destroy the information to ensure it is de-identified.
Purposes for which Optimal collects, holds, uses and/or discloses personal information
Optimal will collect personal information if it is reasonably necessary for one or more of its functions or activities.
The main purposes for which Optimal may collect, hold, use and/or disclose personal information may include but are not limited to:
(a) Managing and administering the Optimal funds and other investment products and financial services offered by Optimal;
(b) Providing information and reports to investors;
(c) Employee recruitment functions;
(d) training and events;
(e) business relationship management; and
(f) marketing purposes.
Optimal may also collect, hold, use and/or disclose personal information if you consent or if Optimal is required or authorised to do so by law.
If you do not disclose information to Optimal as and when requested, Optimal may not be able to provide its investment products and financial services to you or its investment products and financial services may not be able to be tailored to your particular needs, or Optimal may otherwise not be able to respond to your request of Optimal or deal with you.
In collecting, holding and storing your personal information, Optimal will not use a government related identifier as its own identifier unless permitted by the APPs. Optimal will not use or disclose a government related identifier except as permitted by the APPs.
Optimal undertakes very limited direct marketing. However, Optimal may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing its own products and services (for example, advising you of new investment funds and/or financial services being offered by Optimal). If you do not wish to receive direct marketing material from Optimal, you may contact the Privacy Officer anytime to make that request.
Disclosure of Personal Information
Optimal may disclose your personal information for any of the purposes for which it is was collected or where it is under a legal duty to do so.
Disclosure will usually be internally and to related entities or to third party service providers such as fund administrators. Such related parties and third parties may not be located in Australia or may conduct their operations outside of Australia, including any of the markets the Optimal funds invest in.
Before Optimal discloses personal information about you to a person who is not in Australia, Optimal will take steps as are reasonable in the circumstances to ensure that the third party does not breach the APPs in relation to the information. In the case of fund administrators, this includes ensuring that they have implemented appropriate policies and procedures to protect and manage personal information to provide at a substantially similar level of protection as the APPs.
Optimal may also disclose information about you if it is permitted by the APPs, including:
(a) If Optimal believes the disclosure is necessary to lessen or prevent a serious and imminent threat to an individual’s life, health or safety or to public health or safety; and
(b) If Optimal has reason to suspect unlawful activity has been or is being engaged in and uses or discloses your information as a necessary part of its investigation of the matter or to report its concerns to the relevant authorities.
Access to personal information
If Optimal holds personal information about you, you may request access to that information by putting the request in writing and sending it to the Privacy Officer. Optimal will respond to any request within a reasonable period, and a charge may apply for giving access to the personal information.
There are certain circumstances in which Optimal may refuse to grant you access to the personal information, including that:
(a) providing access to the information would pose a serious and imminent threat to the life or health of any individual;
(b) providing access would have an unreasonable impact on the privacy of other individuals;
(c) the request is vexatious or frivolous;
(d) Providing access would be unlawful or denial of access is required by law;
(e) Providing access would revenant the intentions of Optimal in relation to you in such a way as to prejudice those negotiations.
In such situations Optimal will give you written notice that sets out:
(a) the reasons for the refusal; and
(b) the mechanisms available to you to make a complaint.
Correction of personal information
If Optimal holds personal information that is inaccurate, out-of-date, incomplete, irrelevant or misleading, it must take steps as are reasonable to correct the information.
If Optimal holds personal information and you make a request in writing addressed to the Privacy Officer to correct the information, Optimal must take steps as are reasonable to correct the information and Optimal will respond to any request within a reasonable period.
There are certain circumstances in which Optimal may refuse to correct the personal information. In such situations Optimal will give you written notice that sets out:
(a) the reasons for the refusal; and
(b) the mechanisms available to you to make a complaint.
If Optimal corrects personal information that it has previously supplied to a third party and you request us to notify the third party of the correction, Optimal will take such steps as are reasonable to give that notification unless impracticable or unlawful to do so.
Integrity and security of personal information
Optimal will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that it:
(a) collects is accurate, up-to-date and complete; and
(b) uses or discloses is, having regard to the purpose of the use or disclose, accurate, up-to-date and complete.
Optimal will take steps as are reasonable in the circumstances to protect the personal information from misuse, interference, loss and form unauthorised access, modification or disclosure.
If Optimal holds personal information and: (i) it no longer needs the information for any purpose for which the information may be used or disclosed, (ii) the information is not contained in any Commonwealth record, and (iii) Optimal is not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-identified.
You are not required to provide us with any personal information when visiting our website.
When you visit our website, or download information from it, our Internet Service Provider makes a record of your visit and records the following information: your internet address, your domain name if applicable, the date and time of your visit to the website, the pages you accessed and documents downloaded, the previous website you have visited and the type of browser you are using. This information is only used for statistical and website development purposes.
Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to notify you each time a cookie is sent to your computer, giving you the choice whether to accept it or not.
Security and Access
We regard the security of your personal information as a priority and implement a number of physical and electronic measures to protect it. We remind you, however, that the Internet is not a secure environment and although all care is taken, we cannot guarantee the security of information you provide to us via our website, or other electronic means.
You have a right to complain about Optimal’s handling of your personal information if you believe Optimal has breached the APPs.
If you wish to make such a complaint to Optimal, you should first contact the Privacy Officer in writing. Your complaint will be dealt with in accordance with Optimal’s complaints handing procedure.
If you are unhappy with Optimal’s response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.
Privacy Officer contact details
Optimal’s Privacy Officer can be contacted in the following ways:
Telephone number: +61 2 8239 3300
Email address: email@example.com
Postal address: Level 5, 175 Macquarie Street, Sydney NSW 2000