Bayley Stuart Capital

Privacy Policy

Privacy Policy

This policy relates to Bayley Stuart Capital Pty Ltd 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 and its other subsidiaries and their employees (“Bayley Stuart”, “we”, “us” and “our”). 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 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.

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

This policy is effective as of 28 October 2022. We may amend this policy from time to time and without notice. If we decide to change our policy, we will post any new terms on this page 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.

Personal Information

Personal information is information or an opinion about you, whether true or not and whether recorded in a material form or not, from which you can be reasonably identified. 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 policy applies to

This privacy policy applies to any individuals in respect of whom we may collect personal information. This 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 and providing your personal information to us, you agree to the terms of this policy, and the collection and use of the personal information provided to us as set out in this policy.

How do we collect personal information?

Any information that identifies you is deemed to be personal information. 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.

If you apply for a job with us the type of personal information we collect includes your name, contact details, date of birth, citizenship, employment references, civil, credit and criminal records, regulatory accreditation (such as RG 146 accreditation), directorships, driver’s licence information, education, employment history and credentials.

In addition, we may collect business contact details of a company representative with whom we deal. If you do not provide personal information to us, we may not be able to provide you with the services or information you require.

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.

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.

We also train our staff on the importance of 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.

We will only grant access to your personal information where you have specifically stipulated this (for example you have a nominated financial planner or legal representative) or we are required to do so by law.  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 this legal entity during the course of administering your investment.

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.

What happens if you don't provide information

If you don’t provide your information to us that we are entitled to request under the law, it may not be possible for us to consider a request you make or provide products to you, and we may choose not to do so.

Also, 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 relating to:

  • processing requests you make;
  • managing and better understanding our relationship with you including tracking and making payments due to you;
  • 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.

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. 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 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 policy, and these sites are not subject to Bayley Stuart’s privacy standards and procedures.

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 the personal information about you held by us, except in the limited circumstances set out below. You can contact us to request access to your information. 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 or health of any person;
  • providing access would prejudice our legal rights; or
  • there are other legal grounds to deny the request.

We will respond to your request 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 de-identify 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:

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 Office of the Australian Information Commissioner (OAIC) as follows:

The Privacy Commissioner:

Office of the Federal Privacy Commissioner
GPO Box 5218, Sydney NSW 2001
Phone: 1300 363 992