Privacy Policy

This Privacy Policy relates to Bayley Stuart Capital Pty Ltd ACN 609 647 556 and its related bodies corporate including Bayley Stuart Funds Management Limited ACN 654 735 930, Bayley Stuart Investment Management Pty Ltd ACN 654 734 602, Bayley Stuart Operations Pty Ltd ACN 654 734 719, Bayley Stuart Pty Ltd ACN 051 296 112, its other subsidiaries and their employees, (“Bayley Stuart”, “we”, “us” and “our”) and any managed investment scheme for which a member of the Bayley Stuart group is the trustee or manager (“Bayley Stuart Funds”). Bayley Stuart recognises an individual’s right to privacy and understands that the protection and confidentiality of your personal information is important to you.

This Privacy Policy outlines the type of personal information we collect, as well as how it is collected, used, stored and protected by us having regard to the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). We may also provide you with additional information about how we will use your personal information at the time that it is collected.

If you apply for or accept any of our products or services or otherwise provide us with your personal information, then you agree to your information being collected, held, used and disclosed as set out in this Privacy Policy.

This Privacy Policy does not constitute a contractual representation, promise, guarantee or warranty by Bayley Stuart to you as to the manner in which we will or may collect, store, use, disclose, protect or otherwise handle your personal information.

Changes to our Privacy Policy

We may update and revise this Privacy Policy from time to time. If we decide to change our policy, we will post any new terms on our website so that you can always be aware of how we collect, use and handle your personal information. Any amendments will apply to the information we hold at the time of the update. The current version of our Privacy Policy can be accessed free of charge on our website, http://www.bayleystuart.com.au, or by contacting us on the details below. We will provide a copy of our Privacy Policy in an alternate format upon request, where it is reasonable and practicable to do so. This version of our Privacy Policy was last updated in October 2025.

Personal Information

Personal information is information or an opinion about you, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can be reasonably identified, from the information or opinion.  It may include your name, address, phone number, date of birth and other information about you, but sometimes it will include broader information about you.

To deliver financial services, we must identify you and hold records with personal information that is consistent with any identification documentation we have been required to validate.

Due to the nature of the services we provide, we are unable to accommodate anonymity or the use of a pseudonym beyond initial, general enquiries about the organisation.

Who the Privacy Policy applies to?

This Privacy Policy applies to any individuals in respect of whom we may collect personal information. This Privacy Policy describes the personal information we collect, and how we use and handle that personal information.

By using our websites and applications on electronic devices, or otherwise providing your personal information to us, you agree to the terms of this Privacy Policy, and the collection and use of the personal information provided to us as set out in this Privacy Policy.

How do we collect personal information?

We collect personal information so that we can provide you with our products and services and comply with our legal and regulatory obligations. We will collect this information only by lawful and fair means and not in an unreasonably intrusive manner. We primarily collect your personal information when you complete an application or registration form, when you transact with us or with funds managed by us, when you access websites operated by us, and/or when you communicate with our staff, service providers or our other representatives.

In addition, we may collect personal information about individuals who are not customers of Bayley Stuart in our dealings with them. We may also collect personal information if you apply for a job with us.

In most cases, we will collect your personal information directly from you. However, we may also collect your personal information from other sources, such as our affiliates or from third parties such as your authorised representatives and advisers, our corporate clients when we are providing services to them, referees in the case of prospective employees or contractors, your employer and/or our service providers. Where we have collected your information from a third party, such personal information will be held, used and disclosed by us in accordance with this Privacy Policy.

If we hold personal information and determine that the personal information is not reasonably necessary to provide our services, we will take all lawful and reasonable steps (if any) to de-identify or destroy that personal information.

What personal information do we collect?

The personal information we may collect about you will depend on the circumstances of collection.

The type of personal information we collect from you in order to provide you with our products and services includes (but is not limited to) your name, contact details (such as your residential address, email address and telephone number), date of birth, financial and investment information, bank account details, citizenship, social security number and/or tax file/identification number.

In addition, we may collect business contact details of a company representative with whom we deal.

Where you contact us, visit our website or attend a physical location that we own, occupy or manage, the kinds of personal information that we may collect include:

  • your interests, preferences, enquiries and complaint details;
  • details regarding your experience at or feedback in respect of a location that we own, occupy or manage;
  • via CCTV at our offices or properties;
  • from persons authorised by you (such as your accountant or financial adviser);
  • from other third parties you have authorised;
  • from credit reporting bodies;
  • from outsourced registry providers; or
  • from our agents or service providers (such as our identity verification service providers that we may engage to collect and verify personal information electronically).

How do we use your personal information?

We use your personal information for our everyday business purposes, to manage and administer the products and services provided by us or our affiliates, to comply with relevant laws, regulations, codes or practice or court orders and to communicate with you on an ongoing basis about your investments and the market in general.

We may use personal information that you provide to us for analysis to improve our products and services, to verify your identity and/or to prevent fraud, crime or other activity that may cause harm in relation to our products or services.

How do we protect your personal information?

Bayley Stuart regards the security of your personal information as a priority and takes reasonable steps to protect your information from loss and unauthorised access, destruction, use, modification or disclosure.

Whenever it is reasonable and practicable to do so, we will collect information about you directly from you. In certain cases, we collect your personal information from third parties. For example, we may need to collect personal information from a credit reporting agency, your representative (such as a legal adviser), your financial adviser, your employer or publicly available sources of information.

We hold personal information in secure computer storage facilities, on paper-based files, as well as in other formats. 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.

However, we cannot provide any assurance regarding the security of information transmitted to us online, as the internet is inherently insecure. Nor can we guarantee the supply of information to us from you will not be intercepted. Information you transmit to us online is at your own risk.

We also train our staff on the importance of compliance with the Privacy Act and it’s internal policies, particularly given the Office of the Australian Information Commissioner (OAIC’s) increasingly enforcement led approach to ensure we are maintaining the confidentiality of personal information and the privacy of individuals.

When we don’t need your personal information anymore, we will delete, destroy or de-identify it.

Where investments are held jointly, by a trust which you are beneficiary of or by a business you are director of, we may disclose information about you or your investment to other parties associated with that legal entity during the course of administering your investment.

What happens if you don’t provide information?

You are under no obligation to provide your personal information to us. However, without receiving certain information from you, we may not be able to provide our products or services to you and we may not be able to process any application by you for an investment in a Bayley Stuart Fund.

Where you choose to provide your personal information to us, you are not obliged to provide some information such as a tax file number, but there may be financial consequences where this information is not provided.

Purpose of Collecting Personal Information

We collect, hold, use and disclose personal information in order to provide and administer our products and services including to assess whether to offer our financial products to you and in the ongoing management of your investment.

We may also use your information as permitted or required by law and government agencies.

We are also required to collect your personal information to comply with our obligations under Australian law, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

We may use your information for purposes including:

  • processing requests you make;
  • establishing and administering your investments in Bayley Stuart Funds;
  • communicating with you regarding your investment in Bayley Stuart Funds and providing you with access to protected areas of our websites, applications or other online services;
  • managing the properties and other assets held or managed by Bayley Stuart;
  • managing and better understanding our relationship with you including tracking and making payments due to you;
  • assessing, negotiating and undertaking acquisitions and potential acquisitions for properties and other assets for Bayley Stuart Funds;
  • evaluating transactions with potential or existing tenants for the properties and other assets held in or managed by Bayley Stuart, documenting those transactions and performing our obligations under those documents;
  • managing our relationship with financial institutions;
  • identifying opportunities to improve our service to you and improving our service to you;
  • allowing us to run our business efficiently and to perform administrative and operational tasks;
  • preventing or investigating any fraud or crime or any suspected fraud or crime;
  • assisting in improving industry standards relating to financial products;
  • as required by law, regulation or codes binding us; and
  • any purpose to which you have consented.

Direct marketing

We may use your personal information to send you educational and marketing material telling you about other products or services we or our related companies make available and that may be of interest to you.

You may opt-out of receiving direct marketing materials from us by contacting us using the details set out below or by using the opt-out instructions that appear at the bottom of all emails we send. Unless and until you opt out, your consent to receive direct marketing communications from us and to the handling of your personal information for this purpose will continue.

Please note that, if we provide you with services or products, we will still need to send you essential information about your account, the relevant services or products and other information required by law.

Who do we share your personal information with?

We do not sell, rent or trade personal information to, or with third parties.

In some circumstances we may disclose your personal information to persons/entities outside of Bayley Stuart for the purposes described in this Privacy Policy, including to:

  • Our agents, contractors, affiliates and external service providers who help us to provide products and services to you (such as registry providers, transfer agents, custodians, administrators, distributors, mailing houses, printing companies, information technology service providers and external consultants);
  • Our auditors, insurers and professional advisors;
  • Our affiliates for reasonable business and internal reporting purposes;
  • Courts, tribunals and other dispute resolution bodies in the course of a dispute;
  • Anyone to whom we, or our service providers, are required or authorised by law or regulation to disclose your personal information (for example, law enforcement agencies, and national and international government and regulatory authorities including but not limited to the Australian Taxation Office, the Australian Securities and Investments Commission, the Australian Transaction Reports and Analysis Centre and the United States Internal Revenue Service);
  • Other financial services institutions – in order to detect, investigate or prevent actual or potential fraud in connection with the products or services we provide to you; and/or
  • Anyone authorised by you or in respect of whom you have provided your consent (either expressly or impliedly), including but not limited to other financial services providers that we may need to deal with on your behalf*.

*If you nominate an individual contact within an advisory firm or administrative firm, we deem that you give authority to the firm and not the individual contact nominated.

We may also disclose information to our related companies or our related entities.  We will only disclose an individual’s information in accordance with the Privacy Act.

We may exchange personal information with the following types of entities, some of which may be located overseas, including entities located in the United States of America. The types of entities include:

  • finance brokers, mortgage managers, and persons who assist us to provide our products to you;
  • any person or entity who represents you including financial consultants, accountants, lawyers, mortgage brokers, persons holding power of attorney, guardians and advisers;
  • any industry body, government authority, tribunal, court or otherwise in connection with any complaint regarding the approval or management of your lease or loan – for example if a complaint is lodged about us;
  • agents or advisers, trustees, ratings agency or businesses assisting us with providing you with our financial products;
  • where we are authorised or required to do so by law, such as under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), government and law enforcement agencies or regulators;
  • entities to whom we outsource some of our functions or that provide information and infrastructure systems;
  • auditors, insurers and re-insurers;
  • any person where we are required by law to do so or where you have provided us consent;
  • any person considering acquiring an interest in our business or assets;
  • associated businesses that may want to market products to you;
  • any organisation providing online verification of your identity.

Cross Border Disclosure

We may disclose your personal information to overseas entities including related entities and service providers located overseas.  Overseas entities may be required to disclose information to relevant foreign authorities under a foreign law.  More information on overseas disclosure may be found in the entities’ privacy policies.  Whilst we attempt to select and secure reputable offshore service providers, we are not liable for any breach or misuse of information sent offshore.  An overseas entity may not be subject to privacy laws or principles similar to those which apply in Australia, and any information disclosed to an overseas entity may not have the same protection as under the Australian Privacy law.  You may not be able to seek redress for any breach of your privacy which occurs outside of Australia.

What about privacy and the internet?

We may collect personal information you enter when using our websites, especially when you use any of our secure websites.

When browsing our websites Bayley Stuart’s webservers automatically collect standard information as part of the HTTP web protocol – your IP address, browser type, operating system, access times, referring sites, pages viewed and other information.

Cookies are small pieces of text stored on your computer to help us to determine the type of browser and settings you are using, where you have been on our websites, when you return to our websites and where you came from. The purpose of this information is to provide you with a more relevant and effective experience on our websites, including presenting web pages according to your needs or preferences.  We may also use external service providers to track the traffic and usage on the websites. You may not be able to access some parts of our websites if you choose to disable the cookie acceptance in your browser, particularly the secure parts of the websites.

Our websites may have links to external third-party websites that may benefit the user. External websites should contain their own privacy statements, and we recommend you review them when using their websites. Third party websites are not covered by this Privacy Policy, and these sites are not subject to Bayley Stuart’s privacy standards and procedures, and we exercise no authority or control over these third-party websites and are not responsible for any information that you may submit to those sites.

What happens if personal information security is breached?

We will take reasonable steps to ensure that the personal information we hold is protected against misuse, loss, unauthorised access, modification or disclosure.

In the unlikely event of a data breach, we have measures in place to manage and respond to data breaches, which include the notification to impacted individuals and data protection authorities, where required.

We implement corrective plans if our security measures are breached or your personal information is lost or inadvertently accessed by an unauthorised person. You and the OAIC will be advised if we assess the data breach is likely to cause you serious harm.

Notifiable Data Breaches

Bayley Stuart is required to notify individuals and the OAIC about ‘eligible data breaches’. An eligible data breach occurs when the following criteria are met:

  • there is unauthorised access to, or disclosure of, personal information, or a loss of personal information held by us;
  • this is likely to result in serious harm to any of the individuals to whom the information relates; and
  • we have been unable to prevent the likely risk of serious harm with remedial action.

We will conduct an assessment if it is not clear if a suspected data breach meets these criteria. The assessment will determine whether the breach is an ‘eligible data breach’ that triggers notification obligations.

Keeping information accurate and up to date

If you feel the information we have about you is inaccurate, out of date or incomplete they can be updated in the investor portal or by contacting the Privacy Officer on the below contact details. You may also contact any other point of contact you have with Bayley Stuart.

Accessing your personal information

You may access or request a correction of the personal information about you held by us, except in the limited circumstances set out below. You can contact us to request access to or a correction of your information by contacting our Privacy Officer using the contact details set out below. In normal circumstances we will give you full access to your information. We may also need to verify your identity when you request your personal information.

We will provide you with the information unless:

  • the request is frivolous or vexatious;
  • providing access would have an unreasonable impact on the privacy of another person;
  • providing access would pose a serious and imminent threat to the life, health or safety of any person;
  • we suspect that unlawful activity, or misconduct of a serious nature, that relates to Bayley Stuart’s functions or activities has been, is being or may be engaged in and giving access would likely prejudice the taking of appropriate action in relation to a matter; or
  • there are other legal grounds to deny the request.

We will respond to your request for access to or correction of personal information within a reasonable period after the request is made.  There is no charge to make a request, however we may charge a reasonable fee to cover the administrative costs of retrieving your personal information.

Data Retention

Bayley Stuart retains personal information and customer records for time frames in line with our requirements under Financial Services Laws and Regulations as well as the Anti-Money Laundering and Counter Terrorism Act.  This means that we will keep records for a minimum of 7 years after our relationship with you ceases and cannot accommodate requests to completely destroy or deidentify all records of your investment during this time.

Where you have not made an investment with us, we will periodically review your details for ongoing relevance to remain on file and destroy records when we become aware that they are out of date, or you request that they be destroyed.

Requests, Complaints and Contact Information

If you have comments about our privacy practices or if you think we have breached the Privacy Act or if you simply want to know more about our privacy practices, you can contact us by writing to:

The Privacy Officer
Bayley Stuart Investment Management Pty Ltd
Suite 4.01, 1 Gordon Street, Cremorne VIC 3121

Or email us on: admin@bayleystuart.com.au

In order for us to investigate a complaint, you will need to provide us with sufficient details as well as any supporting information. We will acknowledge your complaint in writing within 7 days, conduct an investigation and notify you in writing within a reasonable time (usually 30 days from the date on which the complaint was made) about the outcome of our investigation.

If you think that we have failed to resolve the complaint satisfactorily, or if you would like more information about the privacy laws, you may contact the OAIC as follows:

Office of the Australian Information Commissioner:

Mail: GPO Box 5288, Sydney NSW 2001
Phone: 1300 363 992
Website: www.oaic.gov.au

Privacy Policy Review

This Privacy Policy will be reviewed at least every two years or more regularly if there are changes to the legal or regulatory framework which applies to this Privacy Policy to ensure it is working effectively and updated appropriately. Any updated Privacy Policy will be made available on our website, http://www.bayleystuart.com.au, or by contacting us to request a copy.

Privacy Policy Approval

This Privacy Policy was approved by the Board of each of:

  • Bayley Stuart Capital Pty Ltd on 23/10/2025;
  • Bayley Stuart Funds Management Limited on 23/10/2025;
  • Bayley Stuart Investment Management Pty Ltd on 23/10/2025;
  • Bayley Stuart Pty Ltd on 23/10/2025; and
  • Bayley Stuart Operations Pty Ltd on 23/10/2025.