Privacy Policy

GPS Investment Fund Limited (GPS)
ACN: 145 378 383 & AFSL: 383080

GPS Invest Pooled Fund (ARSN 149 257 410) and
GPS Invest Select Fund (ARSN 149 257 401) (the Funds)

Date of Issue 04/05/11

What is the purpose of this Policy?

This Privacy Policy sets out the policy of GPS, the Funds and our related entities in relation to our management of personal information. It explains:

• Our commitment to privacy;
• The purposes for which we collect personal information;
• The kinds of information we collect;
• How and when we collect personal information;
• How we may use personal information;
• How we may contract out some services that involve disclosing personal information;
• How we keep personal information secure;
• Individual’s access and correction rights; and
• How complaints are to be dealt with.

Words and phrases that are defined in the Privacy Act 1988 have the same meaning in this policy.

Our Commitment to Privacy

We are bound by and commit ourselves to compliance with the provisions relating to privacy and to the collection, use and disclosure of personal information set out in:

• The Privacy Act 1988 as amended by the Privacy Amendment (Private Sector Act 2000 (the Privacy Act: and
• The National Privacy Principles set out in the Privacy Act.

The Purposes for Which We Will Collect Personal information about Individuals

• To process applications for investment in the Funds;
• To give investors the information to which they are entitled, under the Corporations Act 2001 (the Act) and the relevant Fund’s Constitution;
• To assess products and services, and to administer products and services that have been supplied;
• To comply with our legal obligations in relation to identification of our investors, borrowers, customers and signatories;
• To help us plan and to develop our products and services available from us and other organisations that we think may be of interest to them; and
• To give our investors, borrowers and customer’s information about products and services available from us and other organisations that we think may be of interest to them.

The Kinds of Information We Collect

When an individual applies for investment in the Funds we will collect the information necessary to record their details in the relevant Fund’s register, identify them and contact them. This will include the individual’s name, Tax File Number, address and other contact details.

When a customer applies for a product or service we will only collect the information we consider is or may be necessary to enable us to assess the application, to provide the product or service, and to administer the product or service after it has been provided.

If the application is for credit, this may include information about the applicant’s business experience, employment and employment history, residential history, assets, liabilities, income, company financial information, expenses and credit history.

If an individual is to be a signatory on an account we will collect the information necessary to identify the individual in accordance with our legal obligations. This might include information such as the individual’s drivers licence number or passport details.

We will collect information regarding transactions conducted by investors on their accounts, to enable us to properly identify them and process those transactions and meet our record keeping obligations.

How and When We Will Collect Personal Information

• an individual applies for investment in the Funds, applies for any of our products or services or becomes a signatory on an account with us;
• an investor contacts us in relation to products or services we have supplied to that investor; or
• an individual contacts us to enquire about investing or about our products and services; although whenever it is lawful and practicable to do so we will give the individual the option of remaining anonymous.

We may also obtain personal information about an individual who is seeking credit or who has offered to be a guarantor:

• from a credit reporting agency or other credit provider, if the individual has given consent in accordance with Part IIIA of the Privacy Act 1988; or offers to give a guarantee in relation to any credit supplied by us; and
• from a finance broker or a supplier of goods or services who introduces the individual to us, if we are satisfied that the party supplying the information to us has the right to do so and has obtained any necessary consent from the individual.

If an individual is seeking credit we may contact the individual’s employer to confirm that the employer employs the individual.

If a borrower has defaulted in repaying credit, we have made reasonable and unsuccessful attempts to contact the borrower using their last known contact details, and there is reasonable grounds to believe that they have moved without notifying us of their new contact details, we may contact relatives or friends of the borrower to ascertain their current contact details, or we may retain an enquiry agent to attempt to locate the borrower.

We will collect information regarding operation of an investor’s account when processing transactions conducted on the account.

Anti Money Laundering and Counter Terrorism Financing Provisions

GPS is required to comply with the Anti Money Laundering and Counter Terrorism Financing Act 2006 (AML/CTF Act). To that end, GPS may collect further information from investors and borrowers which is contemplated by the AML/CTF Act and associated rules to reasonably ensure that any particular investor or borrower is who they claim to be and that their investing and borrowing intentions are legitimate.

Contracting out Services that Involve Disclosing Personal Information

We will only supply to such organisations the personal information that is necessary for it/them to supply the relevant service, and we shall not authorise the organisation/person to use the information for any purpose other than to provide the service.

Keeping Personal Information Secure

Access to personal information held by us in paper or electronic form is restricted to authorised officers of the company.

An officer of GPS will only have access rights necessary to enable the officer to perform the officer’s legitimate functions, and may only access personal information held by us when it is necessary for the officer to do so to perform such a function.

Access and Correction Rights

We will, upon request being made in a form acceptable to us, provide an individual with access to the personal information we hold about the individual, except to the extent that:

• in the case of personal information other than health information providing access would pose a serious and imminent threat to the life or health of any individual; or
• in the case of health information providing access would pose a serious threat to the life or health of any individual; or
• providing access would have an unreasonable impact upon the privacy of other individuals; or
• the request for access is frivolous or vexatious; or
• the information relates to existing or anticipated legal proceedings between us and the individual, and the information would not accessible by the process of discovery in those proceedings; or
• providing access would reveal our intentions in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
• providing access would be unlawful; or
• denying access is required or authorised by or under law; or
• providing access would be likely to prejudice an investigation of possible unlawful activity; or
• providing access would be likely to prejudice:
  1. the prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of law imposing a penalty or sanction or breaches of a prescribed law; or
  2. the enforcement of laws relating to the confiscation of the proceeds of crime; or
  3. the protection of the public revenue; or
  4. the prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or
  5. the preparation for or conduct of, proceedings before any court or tribunal, or implementation of its orders; or
  6. by or on behalf of an enforcement body; or
  7. an enforcement body performing a lawful security function asks us not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia

An individual’s request for access to personal information must be made in writing to our Privacy Officer. It must identify the individual and, with reasonable particularity, the information required. We may require the application to be made using a form supplied by us for that purpose, and we may require evidence of identity to be produced before access is provided.

We may charge individuals reasonable fees for supplying them with access to their personal information.

We will respond to an individual’s request for access as soon as reasonably practicable, taking into account the age, nature and amount of the information requested.

If we are not required to provide an individual with access to the individual’s personal information, we will:

• if reasonable, consider whether the use of a mutually agreed intermediary is appropriate; and
• advise the individual the reason for denial of access.

If an individual claims that the personal information we hold about the individual is not accurate, complete, or up to date, then;

• if our Privacy Officer is satisfied that the personal information is not accurate, complete, or up to date, we will correct, complete or update it to the extent that it is reasonably practicable to do so; or
• if our Privacy Officer is not satisfied that the personal information is not accurate, complete, or up to date, we will, if it is reasonably practicable to do so, include with the information a statement drawing attention to the individual’s claim.

Complaints

Any complaint made to GPS, or to an officer of GPS other than the Disputes Resolution Officer, that is related to privacy or to our use of personal information will be referred forthwith to the Dispute Resolution Officer (or if the complaint relates to the Dispute Resolution Officer to the Chief Executive Officer).

Any investor, borrower or customer who is dissatisfied with the handling of a privacy complaint by GPS may request for the matter to be referred to the Chief Executive Officer for review. It the complaint relates to the Chief Executive Officer, the investor, borrower or customer may request for the matter to be referred to the Chairman.

Any complaint should be sent to:

GPS Investment Fund Limited
GPO Box 2252
BRISBANE QLD 4001

Telephone: 1800 999 109