1. Introduction

Wicklow Fund Services and Wicklow Financial Services (“Wicklow”, “we”, “us”, “our”) are committed to protecting your privacy. This Privacy Policy explains how we collect, use, hold and disclose personal information that you provide.

This policy describes how we will comply with our obligations under the Privacy Act 1988 (Cth) (“Privacy Act”) and manage the personal information we collect.

For corporates, trustees, sole traders and partnerships: Where you establish a business relationship with us, you confirm to us that you have provided your employees, directors, officers or representatives with the information set out in this policy and that they have agreed to us using, in accordance with this policy, any personal information about them that you provide to us in connection with our business. By continuing your business relationship with us, you authorise us to use and disclose the personal information about you (including, where relevant, your employees, directors, officers or representatives) in accordance with this policy, as amended from time to time.

2. What information we collect

“Personal information” is any information that can identify you or that can reasonably enable your identity to be determined.   

When using our website, we only collect personal information that you choose to provide to us through our contact form, including:

• Name

• Email address

• Phone number

We do not collect other types of personal information via the website. 

Depending on your business relationship, we may collect personal information about you from you or a third party through a number of different methods, including through online forms, email correspondence, written correspondence and telephone conversations.  We may on occasion collect your personal information from publicly available sources of information and from third parties, including for example, from:

• your financial adviser or another person who acts as your agent;

• third party administrators or Platform providers.

This may include (not limited to):

• your contact details (for example, name, address, telephone number and email address), date of birth, gender and occupation;

• financial information;

• your Tax File Number;

• your Australian Business Number (if applicable);

• your bank account or other financial institution details;

• identification documents (for example, drivers licence); and

• employment application information such as employment history, qualifications, experience, criminal history, sanctions and personal insolvency checks.

In certain situations, the personal information we collect may (where appropriate and where it is permitted by law) include sensitive information (for example, to comply with anti-money laundering laws we may collect information about an individual’s political connections and/or whether they have a criminal record).

From time to time we may obtain personal information about you from third parties (for example, identity verification service providers, publicly or commercially available sources or third parties you have authorised us to contact) for the purpose of complying with legislative obligations, such as anti-money laundering laws.

3. How we use your information

We collect, use, hold and disclose your personal information in order to provide licensing, trustee, registry and fund administration services and for the following purposes:

• respond to enquiries;

• communicate to you about our services (including any changes);

• provide the administration services relating to your investment; and

• employment related opportunities.

Sometimes we may combine de-identified information we have about you and our other customers, with data from other sources, such as third party sources and use this information to conduct research and data analytics using tools such as applications with artificial intelligence to:

• help us monitor and understand trends in customers that use our services;

• improve the services we offer;

• improve the quality of our data; and

• develop new service offerings to our customers to meet their needs.

We may also use your personal information for any purpose:

• for which your personal information was originally collected or you have consented;

• for enforcement related activities conducted by, or on behalf of, an enforcement body; or

• which is authorised or required by a court/tribunal order or an Australian law.

As administrator

• Your identification details are used to process your application, verify your identity and contact information, set up an account in your name, provide you with secure access to our website, process transactions and send you confirmations, manage your investment, ensure that you receive your distributions, provide you with information about your investment from time to time, improve the services we provide to you and to ensure that we comply with our legal and regulatory obligations.

• We will hold investment-related information about you including the amount you have invested.

• Your Tax File Number and Australian Business Number (where relevant) will be collected in order for us to ensure that your investment is taxed correctly.

• Your identification details are used to provide you with information about any important changes relating to your investment, and related services, as well as any changes to our business generally.

If you cease your relationship with us, we will only retain your personal information on file to the extent necessary to meet our regulatory obligations and we will only contact you with your consent.  When we no longer need your personal information, we will seek to delete, destroy or de-identify it in accordance with our record retention policy and any applicable laws.

We do not use your information for direct marketing.

4. Disclosure of information

We will not sell, rent, or trade your personal information. We may disclose your information to service providers and third parties who assist us in operating the website or providing our services, but only where they are bound by confidentiality obligations.

This may include:

• Registry service providers;

• Legal advisers and other experts;

• Regulatory authorities and legal bodies as required by law (e.g. Australian Taxation Office, the Australian Transaction Reports and Analysis Centre, Australian Prudential Regulation Authority, the Australian Securities and Investments Commission or a Court or tribunal);

• Auditors (in order to assist them in conducting their independent audit and review activities of our financial statements and operations);

• Third parties (if you give us permission to do so e.g. your financial adviser); and

• Other third-party service providers so that they can provide contracted services to us such as information technology support, hosting services, telephone services, mailing or sending other documentation, identity verification, fraud prevention, marketing or market research.

We may also share your personal information with a third party where we have obtained your consent.

We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to us collecting, using and/or disclosing your personal information for such other purposes, this may affect our ability to deliver and improve our products and services, or to engage or do business with you. 

Overseas

We may disclose personal information about an individual to overseas organisations that help us provide our services, in certain circumstances, such as when storing information with a “cloud service provider” which stores data outside of Australia. We will however take all reasonable steps not to disclose an individual’s personal information to overseas recipients unless:

• you have asked us to or we have your consent to do so;

• we have outsourced a business activity or function to an overseas service provider;

• we reasonably believe that the overseas recipient is subject to a law or binding scheme that protects the information in a way that is substantially similar to the way the information is protected under the Privacy Act and the Australian Privacy Principles, and there are mechanisms you can access to take action to enforce that protection; or

• the disclosure is required or authorised by or under an Australian law or a court/tribunal order.

Please note that the laws on processing personal information in other countries may be less stringent than in Australia. When we disclose your personal information overseas, we will take reasonable measures to ensure that your information is held, managed and accessed in accordance with the standards that apply in Australia, including the Australian Privacy Principles.

5. Data security

We take reasonable steps to protect the personal information we hold from misuse, loss, unauthorised access, modification or disclosure. While the internet is not completely secure and we cannot guarantee the security of information transmitted online, we maintain layered security measures to reduce risks and safeguard your information.

Our security practices include:

• Encryption: We encrypt personal information in transit (using TLS) and at rest (using AES-256 or equivalent standards).

• Access controls: Access to personal information is strictly limited to authorised personnel who require it for their role. We use multi-factor authentication, role-based permissions, and regular access reviews.

• System protection: Our networks are protected by firewalls, intrusion detection and prevention systems, and regular patching and updates.

• Monitoring: We maintain logs of access and monitor for unusual or unauthorised activity.

• Physical security: Data is stored on secure servers in facilities with restricted access, surveillance, and other protections. Paper records, where used, are stored securely and disposed of through secure destruction methods.

• Training & awareness: Staff who handle personal information receive mandatory training on privacy, confidentiality and data security, and are bound by confidentiality obligations.

• Data retention & disposal: Personal information is retained only for as long as necessary to fulfil the purpose for which it was collected, and securely destroyed or de-identified when no longer needed.

• Incident response: We maintain and regularly test an incident response plan to ensure we can respond quickly to and notify you of any data breaches in line with our legal obligations.

By providing your personal information online, you accept that transmission over the internet is at your own risk. However, we are committed to continuously reviewing, monitoring and improving our security practices to keep your information as safe as reasonably possible. 

Use of Cookies

Some of the pages on our website use "cookies", which are small files that may be placed on your hard disk for record-keeping purposes. Cookies helps us remember who you are and may collect and store your server address, top level domain name (e.g. .com, .gov, .net etc), the date and time of your visit, country your service address is located in, the type of browser you used, the pages viewed and any downloads made, the previous site you visited and the site you visited next. Cookies can make your subsequent visits to our website simpler and more efficient (for example, your password may be saved so you do not need to re-enter it). We may also use the information to assist in improving the website, marketing and product development.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (However, by not accepting cookies, some pages on the website may not display properly or you may not be permitted to access certain information.) A server cannot find out a name or email address, or anything about you by using cookies.

We do not store or collect cookie information. Once we receive information from you, via email or any other means, the information is stored in a secure environment.

6. Access and correction

We endeavour to ensure that the personal information we hold about you is accurate, up-to-date, complete, relevant and not misleading.

Subject to the Privacy Act, you may request access to, or correction of, the personal information we hold about you by contacting us at: 📧 contact@wicklowfs.com.au

Under the Privacy Act we can deny access to some or all of your personal information in specified circumstances, and will provide reasons for any refusal in writing.

We may seek to verify your identity before we process any correction requests to make sure that the personal information we hold about you is sufficiently protected. 

Upon request, we will take reasonable steps to correct your personal information if we consider it is incorrect, unless there is a law that allows or requires us not to.

To ensure that the information we hold about you remains accurate, complete and up-to-date, we may ask you to check and correct your personal details from time to time. We may do this as part of our regular communications with you, when you make a telephone enquiry, or through other means.

7. Changes to this policy

We may update this Privacy Policy from time to time. The latest version will always be published on our website.

8. Contact us

If you have any questions about this Privacy Policy or how we handle your personal information, please contact us at:
📧 contact@wicklowfs.com.au

If you believe that we have not protected your personal information as set out in this privacy policy you may lodge a complaint.   We will contact you to let you know who is looking in to the matter and when you can expect a further response.  We will try to resolve your complaint quickly and fairly.

If you are not satisfied with the manner in which we deal with your complaint you may refer it to the Office of the Australian Information Commissioner (“OAIC”). You can contact the OAIC:

Online: by visiting www.oaic.gov.au
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
Mail: GPO Box 5218
Sydney  NSW  2001