Terms & Conditions, Disclaimer, Privacy & Anti-Money
Laundering Policy
LEGAL TERMS & CONDITIONS
Fortis Capital Management Pty Ltd ("Fortis Capital") hereby
authorises you to view, copy, print, and distribute this document
subject to the following conditions:
- The document is used for informational purposes only.
- The document is used for non-commercial purposes.
- Any copy of this document or portion thereof must include this
copyright notice in its entirety.
Note that any program, publication, design, product, process,
software, technology, information, know-how, or idea described in
this document may be the subject of other rights, including other
intellectual property rights, which are owned by Fortis Capital or
one of its national practices or other interested parties and are
not licensed to you hereunder.
This document is intended to provide general information on a
particular subject or subjects and is not an exhaustive treatment
of such subject(s). Accordingly, the information in this document
is not intended to constitute accounting, tax, legal, investment,
consulting or other professional advice or services. Before making
any decision or taking any action that might affect your personal
finances or business, you should consult a qualified professional
adviser.
This document and the information contained herein is provided
"as is," and Fortis Capital makes no express or implied
representations or warranties regarding this document or the
information. Without limiting the foregoing, Fortis Capital does
not warrant that the document or information will be error-free or
will meet any particular criteria of performance or quality. Fortis
Capital expressly disclaims all implied warranties, including,
without limitation, warranties of merchantability, title, fitness
for a particular purpose, noninfringement, compatibility, security,
and accuracy.
Your use of this document and information is at your own risk.
You assume full responsibility and risk of loss resulting from the
use of this document or information. None of Fortis Capital or any
Directors, principals, stockholders, or employees of any, thereof
will be liable for any special, indirect, incidental,
consequential, or punitive damages or any other damages whatsoever,
whether in an action of contract, statute, tort (including, without
limitation, negligence), or otherwise, relating to the use of this
document or information.
If any of the foregoing is not fully enforceable for any reason,
the remainder shall nonetheless continue to apply. The Fortis
Capital logos (and any of the foregoing used in any combination),
product names and all page headers, footers, and icons are
trademarks or registered trademarks of Fortis Capital. All other
product names mentioned are the trademarks of their respective
owners.
Certain links in the Fortis Capital website lead to resources
maintained by third parties over whom Fortis Capital has no
control. Fortis Capital makes no representations or warranties as
to the accuracy of, or any other aspect relating to, those
resources.
Liability limited by a scheme approved under Professional
Standards Legislation.
PRIVACY POLICY
Collection of personal information
Fortis Capital collects personal information that we believe is
necessary to deliver our services or products or otherwise for our
primary business functions and/or activities.
Ordinarily we only collect information about you when you
provide it to us or it is provided to us with your authority.
Fortis Capital only collects personal information by lawful and
fair means and not in an unreasonably intrusive way. The types of
personal information we collect generally include your name,
address, telephone number, email address, financial information,
other contact or identification details and, in some cases,
information necessary to make or receive payments to or from you or
necessary to effect transactions in financial products on your
behalf.
We will collect personal information directly from you when you
apply for a product or a service, deal with us as a key contact or
employee of a client, deal with us over the telephone or in person,
send us a letter or visit our website, www.fortiscapital.com.au. On
occasions, we may collect personal information about you from third
parties, for example, share registries, ASIC or credit reporting
agencies.
Apart from the necessity to collect your information in order to
provide a service to you or maintain our relationship with you, the
purposes for which we would generally collect and use your personal
information will include:
• complying with legislative and regulatory requirements;
• performing our administrative operations, including
accounting, risk management, record keeping, archiving, systems
development and testing and staff training;
• conducting market or customer satisfaction research;
• inviting you to other events that may interest you;
• developing and identifying products and services that may
interest you; and
• (unless you ask us not to) telling you about other products
and services we offer.
Personal information about third parties
If at any time you supply us with personal information about
another person, you should ensure that you are authorised to do so
and you must agree to inform that person who we are, that we will
use and disclose that personal information, and that they may gain
access to it should we hold that information.
Use and disclosure of personal information
You authorise Fortis Capital to disclose necessary information
to related companies, affiliates and any agents or contractors who
provide services to us in connection with the provision of products
or services you have sought from us. These parties are prohibited
from using your personal information except for the specific
purpose for which we supply it to them.
Subject to what is permitted by law, the types of third parties
we may disclose your personal information to include:
• our agents, contractors, insurers and external advisers we
engage from time to time to carry out, or advise on, our functions
and activities;
• any person or organisation who introduces you to us;
• regulatory bodies, government agencies, law enforcement bodies
and courts;
• debt collection agencies;
• other financial institutions; and
• any person to the extent necessary, in our view, in order to
carry out the instructions you give to us.
In some cases, we may need to transfer your personal information
outside Australia. If we believe that the overseas third party is
not subject to, or has not agreed to comply with, privacy
obligations equivalent to those which apply to us, we will seek
your consent to transfer the information, except where the national
privacy principles do not require us to do so.
Fortis Capital internet website
Our compliance with the national privacy principles also extends
to when you transact business via our website. Our website terms
and conditions and any privacy notices are clearly posted on all
pages of the website.
When you use a link from the Fortis Capital website to the
websites of third parties, those websites are not subject to Fortis
Capital's privacy standards. Those third parties are responsible
for informing you of their own privacy policies.
User names and passwords are required to access those areas of
our website that are restricted to clients. You are reminded that
these user names and passwords are strictly for your personal use
only. You are responsible for all acts that result from any use of
your user name and password, whether authorised or not, or that
result from your failure to maintain security. You must notify us
immediately if you consider that the security of your user name and
password has been breached. For statistical purposes we collect
information on website activity (such as the number of users who
visit the website, their country, the date and time of visits, the
number of pages viewed, navigation patterns and the operating
systems and browsers used to access the site). This information on
its own does not identify an individual but it does provide us with
statistics that we can use to analyse and improve our website.
When you use our website, we send you a 'cookie'. A cookie is a
packet of information that allows the server to identify and
interact more effectively with your computer, by providing you with
a unique identification number. This identification number is
either sent or confirmed each time you use our website. Cookies are
used to identify individual users, a user's browser type and your
Internet Service Provider. You can configure your browser to accept
all cookies, reject all cookies, or notify you when a cookie is
sent. However, if you do not accept cookies, you may not be able to
make full use of the Fortis Capital website.
Access to your personal information
If at any time you wish to know what personal information we are
holding about you, you are welcome to ask us for your details by
writing to us in a form or manner which identifies the nature of
the personal information requested. The appropriate contact is:
The Privacy Officer
Fortis Capital Management
544 William Street
Mt Lawley WA 6050
Email: info@fortiscapital.com.au
Under certain circumstances we may not be able to tell you what
personal information we hold about you. This includes where the
information:
• would have an unreasonable impact on the privacy of another
individual;
• relates to legal proceedings with you;
• would reveal a commercially sensitive decision-making process;
or
• prevents us by law from disclosing the information, or
providing access which would prejudice certain investigations.
We may charge a fee for accessing your personal information.
We will take reasonable steps to ensure that your personal
information is accurate, complete and up to date.
If at any time, you find that current personal information we
hold about you is inaccurate, incomplete or out of date, please
contact your Adviser or our Client Relations Manager immediately
and we will correct it.
Security of your personal information
Fortis Capital will take reasonable steps to protect the
personal information we hold from misuse and loss, and from
unauthorised access, modification or disclosure. In line with our
internal authorisation and access policies, employees only have
access to information on a need to know basis.
Fortis Capital takes reasonable steps to destroy or permanently
de-identify personal information if it is no longer needed.
Fortis Capital also protects the security of your personal
information when transmitted over the internet. We use 128-bit
encryption to protect all client data. When you browse or logon to
the encrypted section of the site, a secure session is established
via the HTTPS protocol which uses the Secure Socket Layer.
This ensures that the information sent between your browser and
the Web server cannot be tampered with or read by others during
transmission. It is recommended that you use a web browser that
supports SSL such as Internet Explorer 6 or higher.
However, no data transmission over the internet can be
guaranteed as fully secure and we cannot guarantee or warrant the
security of any information you send to us over the internet. You
submit information over the internet at your own risk.
Direct marketing
We may use your personal details, including your address, to
provide you with newsletters and information about products,
services or other events that may be of interest to you.
If at any time you do not wish to receive such marketing
information, you have the option to ask us not to send you any
further such material - you may do so by writing to your Adviser or
our Privacy Officer.
Identifiers
Fortis Capital will not adopt as its own identifier an
identifier that has previously been assigned by a government agency
(or by an agent of, or contractor to, a government agency or
contracted service provider for a Commonwealth contract). We will
only use and disclose such identifiers for purposes required by
law.
Complaints
If you believe that the privacy of your personal information is
not being adequately protected, you should contact our Privacy
Officer. We will make every effort to resolve your complaint
internally.
If we do not resolve your complaint to your satisfaction, you
may apply to the Federal Privacy Commissioner to have your
complaint investigated. For more information about how you may
lodge a complaint with the Federal Privacy Commissioner, please
contact the Commissioner's hotline service on
1300 363 992
1300 363 992.
Changes to this privacy policy
Please note that this privacy policy may change from time to
time. You may at any time request a current copy from our Privacy
Officer or access it from our website at www.fortiscapital.com.au.
We encourage you to review our privacy policy periodically for any
changes.
DISCLAIMER
Important Notice: Copyright 2010. The contents contained in this
website are owned by Fortis Capital Management Pty Ltd ("Fortis
Capital") and are protected by the Copyright Act 1968 and the
copyright laws of other countries. The material contained may not
be copied, reproduced, republished, posted, transmitted or
distributed in any way without prior written permission from Fortis
Capital. Modification of the materials or use of the materials for
any other purpose is a violation of the copyrights and other
proprietary rights of Fortis Capital.
Disclaimer: Fortis Capital believes that the information or
advice (including any financial product advice) contained in this
website has been obtained from sources that are accurate at the
time of issue, but it has not independently checked or verified
that information and as such does not warrant its accuracy or
reliability. Except to the extent that liability cannot be
excluded, Fortis Capital accepts no liability or responsibility for
any direct or indirect loss or damage caused by any error in or
omission from this report. You should make and rely on your own
independent inquiries.
Warning: This website does not purport to make any
recommendation that any securities transaction is appropriate to
your particular investment objectives, financial situation or
particular needs. Prior to making any investment decision, you
should assess, or seek advice from your adviser, on whether any
relevant part of this report is appropriate to your individual
financial circumstances and investment objectives.
Disclosure: Fortis Capital, its director and/or employees may
earn fees, commissions and other benefits as a result of a
transaction arising from the contents of this website. Fortis
Capital as principal, its directors and/or employees and their
associates may hold securities in the companies the subject of this
website, as at the date of publication. These interests did not
influence Fortis Capital. Details of any interests may be obtained
from your adviser.
ANTI-MONEY LAUNDERING POLICY
We require certain information about allUnitholders to enable
Fortis Capital Management P/L to fulfil its obligations under the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
(Commonwealth) and related regulations and rules.
If Unitholders don't provide all the information we need, we may
have to redeem their application at some time in the future. We
will take appropriate steps to verify the information you give us,
as required by law. To do this, we may disclose Unitholder
information to various government agencies in Australia and
overseas.
The information we request includes:
- All Unitholders must sign the declaration and acknowledgement
at the end of the Information Memorandum application form. This
includes whether Unitholders are:
- An individual investing on their
own behalf
- An individual investing as a sole
trader
- An individual investing as a
trustee
- A company investing on your own
behalf
- A company investing as a
trustee
- A company investing as the
responsible entity of a registered managed investments scheme
- Unitholders investing in another
capacity.
We require to define specifically those controlling and
benefiting from the unit being held, including trustees and
beneficiaries (where appropriate).
2. To help us identify Unitholders, they must also provide
certified copies of documents, which:
- includes the statement 'I certify
this to be a true copy of the original document'; AND
- is signed by an eligible certifier
(please refer to the last page). The certifier must state their
qualification or occupation to confirm their eligibility to certify
the document.
Please note the copy actually signed by the certifier must be
submitted with the applications form.