Privacy Policy

1. Introduction

This Privacy Policy explains how Bowral Capital Group collects, holds, uses, discloses and protects personal information.

Bowral Capital Group is committed to protecting privacy and handling personal information in accordance with:

• the Privacy Act 1988 (Cth);

• the Australian Privacy Principles (APPs);

• the Privacy (Credit Reporting) Code;

• the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and

• other applicable laws and regulations.

By providing personal information to us, you consent to the collection, use, storage and disclosure of that information in accordance with this Privacy Policy.

2. Who we are

In this Privacy Policy:

Bowral Capital Group, we, us and our means:

• Bowral Capital Pty Ltd ABN 70 668 962 178;

• Brindabella Investment Group Pty Ltd ACN 626 692 984 AFSL 510735;

• Brindabella Credit Pty Ltd ACN 643 767 855 ACL 527582;

• any trustee, custodian, nominee or special purpose vehicle used in connection with a lending transaction or investment structure;

• any related body corporate within the meaning of the Corporations Act 2001 (Cth).

This Privacy Policy applies to:

• investors and prospective investors;

• borrowers and prospective borrowers;

• guarantors;

• mortgagors;

• security providers;

• directors, shareholders and beneficial owners of borrower entities;

• trustees and beneficiaries of trusts;

• brokers, introducers and referrers;

• professional advisers;

• website users; and

• any other persons who deal with us.

3. The types of personal information we collect

The information we collect depends on the nature of our relationship with you.

We may collect:

Identity Information

• full name;

• former names;

• date of birth;

• gender;

• citizenship;

• nationality;

• signatures;

• photographs;

• passport details;

• driver's licence details;

• Medicare details;

• government-issued identification numbers.

Contact Information

• residential address;

• postal address;

• email address;

• telephone numbers;

• social media details;

• IP address;

• device information.

Financial Information

• bank account details;

• credit history;

• income information;

• asset and liability information;

• investment information;

• superannuation information;

• financial statements;

• taxation information;

• source of wealth information;

• source of funds information.

Investor Information

For investors and prospective investors we may collect:

• wholesale investor certificates;

• sophisticated investor certificates;

• accountant certificates;

• investment objectives;

• trust information;

• company information;

• SMSF information;

• investor suitability information;

• beneficial ownership information.

Borrower Information

For borrowers we may collect:

• loan applications;

• financial statements;

• repayment information;

• credit information;

• business information;

• trust information;

• property information;

• loan purpose information;

• security information.

Security Provider Information

For guarantors, mortgagors and security providers we may collect:

• financial information;

• asset information;

• trust information;

• company information;

• property ownership information;

• security documentation;

• guarantee documentation.

Corporate Information

Where an entity applies for a loan or investment we may collect information regarding:

• directors;

• shareholders;

• beneficiaries;

• appointors;

• trustees;

• beneficial owners;

• controllers;

• authorised representatives.

4. Sensitive information

We generally do not collect sensitive information.

However, we may collect limited health-related information where reasonably necessary to:

• assess a hardship application;

• verify legal capacity;

• assess the validity of a power of attorney;

• comply with legal obligations;

• manage disputes or legal proceedings.

Where sensitive information is collected, we will do so only where permitted by law.

5. How we collect personal information

We may collect information directly from you:

• through application forms;

• through loan applications;

• through investor applications;

• through our website;

• through email communications;

• through telephone conversations;

• through meetings;

• through online forms;

• through electronic verification systems.

We may also collect information from third parties including:

• brokers;

• introducers;

• accountants;

• solicitors;

• financial advisers;

• trustees;

• credit reporting bodies;

• government agencies;

• regulators;

• publicly available records;

• company searches;

• property searches;

• court records;

• insolvency databases;

• identity verification providers;

• anti-fraud databases.

6. Purposes for which we collect information

We collect, hold, use and disclose information for purposes including:

Investor Activities

• assessing investor eligibility;

• issuing units;

• processing applications;

• maintaining investor registers;

• administering investments;

• paying distributions;

• complying with trust obligations;

• communicating with investors.

Lending Activities

• assessing loan applications;

• conducting due diligence;

• verifying information;

• assessing creditworthiness;

• documenting loans;

• administering loans;

• monitoring loans;

• varying loans;

• extending loans;

• discharging securities.

Enforcement Activities

• investigating defaults;

• enforcing loan agreements;

• enforcing guarantees;

• enforcing mortgages;

• enforcing security interests;

• appointing receivers;

• commencing legal proceedings;

• conducting recovery action;

• restructuring distressed facilities;

• managing insolvency processes.

Business Activities

• operating our businesses;

• maintaining records;

• managing complaints;

• conducting audits;

• managing conflicts;

• improving services;

• conducting analytics;

• protecting our legal rights;

• complying with legal obligations.

7. Credit reporting

Where permitted by law, we may obtain credit information and credit reports concerning:

• borrowers;

• guarantors;

• security providers;

• directors;

• individuals associated with a borrower.

We may obtain information from:

• Equifax;

• illion;

• Experian;

• other credit reporting bodies.

The information obtained may include:

• credit reports;

• repayment history information;

• defaults;

• court judgments;

• bankruptcy information;

• insolvency information.

Where permitted by law, we may disclose credit information to credit reporting bodies.

8. Anti-money laundering and counter-terrorism financing

We are required to comply with AML/CTF legislation.

Accordingly, we may collect, use and disclose information for:

• identity verification;

• customer due diligence;

• enhanced customer due diligence;

• sanctions screening;

• politically exposed person screening;

• source of wealth verification;

• source of funds verification;

• transaction monitoring;

• suspicious matter reporting;

• compliance reporting.

Failure to provide requested information may result in:

• an application being declined;

• a loan not proceeding;

• an investment not being accepted;

• transactions being delayed;

• transactions being frozen where required by law.

9. Electronic identification

We may verify identity using electronic verification services.

This may include:

• Frankie;

• GreenID;

• RapidID;

• Equifax Verification Exchange;

• government verification services;

• other verification providers.

By dealing with us, you consent to us providing your information to these providers.

10. Disclosure of personal information

We may disclose personal information where reasonably necessary.

Recipients may include:

Professional Advisers

• solicitors;

• barristers;

• accountants;

• auditors;

• consultants;

• compliance advisers.

Lending Participants

• co-lenders;

• trustees;

• custodians;

• investors;

• syndicate participants;

• noteholders;

• warehouse providers;

• funders.

Property and Security Participants

• valuers;

• quantity surveyors;

• real estate agents;

• settlement agents;

• title insurers.

Recovery Participants

• solicitors;

• receivers;

• controllers;

• liquidators;

• administrators;

• bankruptcy trustees;

• debt collectors;

• investigators;

• asset recovery specialists.

Service Providers

• cloud providers;

• software providers;

• payment processors;

• registry providers;

• AML providers;

• verification providers.

Government and Regulators

• AUSTRAC;

• ASIC;

• ATO;

• courts;

• tribunals;

• law enforcement agencies;

• government departments.

11. Investor reporting

The operation of a private credit fund requires the sharing of information with investors.

We may disclose information concerning:

• borrowers;

• security properties;

• loan performance;

• defaults;

• enforcement activity;

• recoveries;

• valuations;

• security arrangements;

• guarantors;

• litigation.

to existing or prospective investors where reasonably necessary for the operation, administration or reporting of a lending transaction or investment.

Information disclosed will be limited to information reasonably necessary for those purposes.

12. Syndications, assignments and loan sales

We may disclose information to:

• prospective lenders;

• replacement lenders;

• co-lenders;

• syndicate participants;

• assignees;

• purchasers of loans;

• purchasers of debt portfolios;

• investors acquiring an interest in a loan.

This may occur before or after settlement of a loan.

13. Related entities

We may disclose personal information within Bowral Capital Group for legitimate business purposes including:

• loan administration;

• compliance;

• risk management;

• reporting;

• recovery;

• investor management.

14. Direct marketing

We may use personal information to provide information about:

• investment opportunities;

• loan opportunities;

• products and services;

• events;

• market updates;

• industry information.

Marketing communications may be sent by:

• email;

• SMS;

• telephone;

• post.

You may opt out at any time.

15. Website information

We may automatically collect information through:

• cookies;

• website analytics;

• pixels;

• tags;

• similar technologies.

This may include:

• IP addresses;

• device information;

• browser information;

• pages viewed;

• referral sources.

16. Google analytics and meta pixel

Our website may utilise:

• Google Analytics;

• Google Tag Manager;

• Meta Pixel;

• other analytics and marketing technologies.

These technologies help us:

• understand website usage;

• improve website functionality;

• improve marketing effectiveness;

• provide relevant content.

Third parties may collect and process information in accordance with their own privacy policies.

17. Overseas disclosure

Information may be stored or processed outside Australia.

Countries may include:

• United States;

• United Kingdom;

• New Zealand;

• Singapore;

• members of the European Union;

• other countries where service providers operate.

By providing personal information, you consent to such disclosure.

18. Security of information

We take reasonable steps to protect information from:

• misuse;

• interference;

• loss;

• unauthorised access;

• modification;

• disclosure.

Measures include:

• restricted access controls;

• encryption;

• multi-factor authentication;

• secure cloud environments;

• monitoring systems;

• physical security measures;

• staff confidentiality obligations.

19. Data retention

We retain information for as long as necessary to:

• provide services;

• comply with laws;

• satisfy AML/CTF requirements;

• satisfy taxation obligations;

• manage disputes;

• protect legal rights.

Information may be retained for seven years or longer where required by law.

20. Access to personal information

You may request access to personal information we hold about you.

Requests must be made in writing to our Privacy Officer at the below contact details.

We may refuse access where permitted by law.

21. Correction of information

If information we hold is inaccurate, incomplete or outdated, you may request correction.

We will take reasonable steps to investigate and correct information where appropriate.

22. Privacy complaints

If you have a privacy enquiry, access request or complaint, please contact:

Privacy Officer

Bowral Capital Pty Ltd

Address: Suite 3, 47 Bowral Street, Bowral, NSW 2576

Email: compliance@bowralcapital.com.au

Phone: +61 2 3805 9165

We will endeavour to investigate and respond within 30 days.

23. External complaints

If you are dissatisfied with our response, you may contact:

Office of the Australian Information Commissioner

Address: GPO Box 5218, Sydney NSW 2001

Email: enquiries@oaic.gov.au

Tel: 1300 363 992

Website: www.oaic.gov.au

Australian Financial Complaints Authority

Address: GPO Box 3, Melbourne, VIC 3001

Email: info@afca.org.au

Tel: 1800 931 678 (free call)

Website: www.afca.org.au

24. Changes to this policy

We may amend this Privacy Policy from time to time.

The current version will be made available on our website.