Terms and Conditions of use & Privacy Policy

ONEVUE FUND SERVICES PTY LIMITED (“OFS”)

WEBSITE TERMS AND CONDITIONS & PRIVACY POLICY


The Terms and Conditions set out below relate to the use by You of OFS Online Services, and will be automatically displayed when You first enter OFS Online Services or in the event that the Terms and Conditions are modified. Before accessing OFS Online Services for the first time, You must agree to be bound by these Terms and Conditions of use. Any subsequent use of OFS Online Services by You will also be subject to these Terms and Conditions (as amended).


These Terms and Conditions are available for review at all times on OFS Online Services by clicking on the link appearing at the bottom of the site.

THESE TERMS AND CONDITIONS ARE LEGALLY BINDING. PLEASE READ THEM CAREFULLY.


Definitions


In these Terms and Conditions, unless the context requires otherwise, terms defined in the Corporations Act 2001 (Cth) have the same meaning given to those terms in that Act and the following terms have the meaning set out below.


OFS means OneVue Fund Services Pty Limited (ABN 18 107 333 308).


OFS Online Services means the internet website provided by OFS which enables You to access certain information in relation to your or your Client’s holding of Products in a Fund, or the Fund generally, whether as:


  • an investor through the use of the web portal known as ‘Investor Online’, ‘Unit Holder Online’, ‘Investor Portal’, ‘Investor Web’ or ‘Donor Login’;

  • a financial Adviser (or otherwise) through the use of the web portal known as ‘Adviser Online’, ‘Adviser Portal’ or ‘Adviser Web’; or

  • a responsible entity, trustee or fund manager (or otherwise) of a Fund through the use of the web portal usually known as ‘Fund Manager Online’.

Client means a person holding Products in a Fund on whose behalf a Representative is authorised to act.


Fund means a managed investment scheme, unit trust, partnership or other entity (as the case may be), whether registered or unregistered and whether listed on the Australian Securities Exchange or not, where (and only where) the register of members for that scheme, trust, partnership or other entity is maintained by OFS.


Nikko AM Australia means Nikko Asset Management Australia Limited and all of its subsidiaries and associates including Nikko AM Limited.


Product means a financial product which has been issued to You or your Client by a Fund.


Representative means a responsible entity or a trustee of a Fund and its authorised representatives, a manager of a Fund (where the manager is different to the responsible entity of the Fund) and its authorised representatives, a representative of a dealer group authorised to distribute Products of a Fund or a financial Adviser authorised in writing to act on behalf of a Client.


You means a person holding Products in a Nikko AM Australia Fund or a Representative (as the case may be).


General


Through OFS Online Services You will be able to see details of your, or your Client’s, holdings of Products in a Fund.


The first time You access OFS Online Services You will be required to access the website using a User ID and a temporary password which will have been assigned and notified to You by OFS. After accessing OFS Online Services for the first time, You will be able to change your password. Your User ID and chosen password will then be used by You to gain access to OFS Online Services on an ongoing basis.


For Representatives associated with more than one Fund in circumstances where those Funds are managed by more than one manager, you will be assigned a different User ID and password in respect of each manager.


Your User ID and password must be kept confidential and should not be recorded in the same place as any other information relevant to your, or your Client’s, holding in a Fund. Where You do disclose your User ID and/or password to another person then, to the extent permitted by law, OFS and Nikko AM Australia disclaim all liability for any loss or damage that You (or your Client, if applicable) may suffer as a result of that person accessing OFS Online Services and gaining access to your, or your Client’s, information.


When You access OFS Online Services, You will be able to view certain information regarding your, or your Client’s, holdings in a Fund, including:


  • your, or your Client’s, name, address and other relevant contact details;

  • whether You have, or your Client has, provided a Tax File Number;

  • how You have, or your Client has, nominated to receive distributions made by a Fund;

  • where applicable, details of your or your Client’s nominated default bank account;

  • the number of Products You hold, or your Client holds, in a Fund, and the value of that investment; and

  • to the extent possible, transactions undertaken in respect of your, or your Clients’, holdings.

Except as described below, OFS Online Services is an enquiry only website. You may run reports in relation to your, or your Client’s, holding in a Fund, and download certain information, but You will not be able to effect transactions (for example, transfers of Products) or change source information through the website.


If You use ‘Investor Online’, then You will be able to make changes through that web portal to certain static data relating to your holding in a Fund, namely your contact details (for example, your residential address and telephone number), Tax File Number and Australian Business Number (if applicable).


When you supply information through OFS Online Services, OFS will facilitate the recording of the information against the holding You have nominated. However, OFS does not guarantee that the tasks can be effected electronically. There will be a delay of at least one business day before any changes You make to information through OFS Online Services are processed, updated and visible on OFS Online Services.


Where You download information from OFS Online Services and You make, or another person makes, changes to that information then, to the extent permitted by law, OFS and Nikko AM Australia disclaim all liability for any loss or damage that You (or your Client, if applicable) may suffer as a result of that information being manipulated.


The information contained on OFS Online Services is not intended to be used as the basis for making any investment decision and must not be relied upon as investment advice. The information provided does not take into account the objectives, financial situation or needs of a particular investor and is not a sufficient basis on which to make an investment decision. Investors should seek financial, legal, tax or other advice from a qualified expert or financial adviser as necessary before making any investment decision.


Changing your details


If You want, or your Client wants, to change any details associated with your or your Client’s holding of Products (for example, contact details) and those changes cannot be made through OFS Online Services, then they must be recorded on the appropriate hard copy form and sent by mail to OFS. You can obtain the required form by calling Customer Services.


Availability


OFS will use its reasonable endeavours to provide OFS Online Services in an uninterrupted manner. However, OFS reserves the right without notice to make any technical changes to OFS Online Services which it considers to be necessary or desirable, and will not be responsible in the event that any upgrade to OFS Online Services means that You are temporarily unable to access the website.


In addition, it is possible that OFS Online Services may be unavailable at any time without notice (for example, due to technological disruptions). OFS and Nikko AM Australia will not be liable in the event that OFS Online Services is not provided in a continuous and uninterrupted manner.


Where possible, OFS will seek to provide you with advance notice of any downtime that is to occur due to certain mechanical or software failures which may render OFS Online Services unavailable for a period of time. However, You acknowledge that they may not be able to do so.


Disclaimer


OFS has taken reasonable care in publishing the information available through OFS Online Services, but does not guarantee that the information is complete, accurate or current. In particular, OFS is not responsible for:


  • the accuracy of the Product balance shown at the time of your enquiry – by way of example, there will be a time delay between You completing a transaction in respect of your, or your Client’s, Products and the information being updated on the website;

  • the accuracy of information provided by third parties; or

  • the verification or updating of any information which has been provided by You – it is your sole responsibility to review the information supplied to ensure its accuracy and proper application.

To the maximum extent permitted by law, OFS and Nikko AM Australia as well as their related bodies corporate and their respective directors, officers and employees expressly disclaim all liability (including liability for negligence) and responsibility to any person (whether a reader of these Terms and Conditions or not) in respect of anything, and in respect of the consequences of anything, done or omitted to be done by any such person arising out of or in reliance (whether wholly or partly) on any use of the facilities made available through OFS Online Services, including liability for any loss or damage which You or anyone else might suffer as a result of any incorrect, inaccurate or incomplete provision or recording of any information.


Privacy – Collection and Disclosure Statement


Personal information is displayed on OFS Online Services, including your, or your Client’s, address.

You have, or your Client has, previously been provided with a ‘Collection and Disclosure Statement’ by the Fund setting out among other things the basis on which personal information is collected by Nikko AM Australia, the primary purposes for which that information will be used, the parties to whom the personal information may be disclosed and the manner in which You, or your Client, can gain access to the personal information held. Reference should be made to that ‘Collection and Disclosure Statement’ for full details, or You may request a copy of the Nikko AM Australia Privacy Policy from:


The Privacy Officer
Nikko AM Australia
GPO Box 3881
Sydney NSW 2001


Warranties, Confirmations and Undertakings


In accepting these Terms and Conditions You will be deemed to have given the following warranties, confirmations and undertakings.

1. When You use OFS Online Services to view your, or your Client’s, Products in a Fund, You warrant that You are either the holder of those Products or that You have been duly authorised in writing by the holder of those Products to act on their behalf in using OFS Online Services.

2. When You use OFS Online Services in respect of a holding in a Fund that is in joint names, You warrant that You are:


  • one of the named joint holders and that You have obtained the consent of all of the other joint holders to act on their behalf in respect of the holding in using OFS Online Services; or

  • not one of the named joint holders, but You have been authorised by all of the joint holders to act on their behalf in respect of the holding in using OFS Online Services.

3. When You use OFS Online Services in respect of a holding in a Fund that is in the name of a company, You warrant that You have been duly authorised by the directors of that company to act on its behalf.

You agree to indemnify OFS and Nikko AM Australia against all liabilities (whether actual, contingent or prospective and whether liquidated or sounding only in damages), losses, damages, costs and expenses (including legal expenses on a full indemnity basis) of whatever description which it suffers or incurs by reason of a breach of any of the warranties set out above.

4. As a Representative, You confirm that you will maintain the confidentiality of personal information you are authorised to view on OFS Online Services.

5. You are solely responsible for the use You choose to make of the information available to You on OFS Online Services and any unauthorised use of that information undertaken by You or another person accessing OFS Online Services through your User ID and password, and You accept liability for all losses, damages, costs and other consequences resulting from your use of, or reliance on, information available to you on OFS Online Services.

6. You acknowledge that all intellectual property rights in OFS Online Services, including copyright, database rights and trademarks are the property of OFS, its related bodies corporate or third parties.

7. You have read and understood these Terms and Conditions and You agree to be bound by them.


Other Matters


Validity


In the event that any part of these Terms and Conditions is not legally enforceable, the remaining Terms and Conditions will not be affected and will remain valid and enforceable.


Governing Law


These Terms and Conditions will be governed by and construed in accordance with the law applicable in the State of Victoria, Australia. You agree that, in the event of a dispute, the courts of the State of Victoria, Australia will have jurisdiction.


Interpretation


Unless the context requires otherwise, in these Terms and Conditions:


  • headings are for convenience only and do not affect interpretation;

  • the singular includes the plural and vice versa;

  • other grammatical forms of defined words or expressions have corresponding meanings;

  • a reference to a 'person' includes partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies; and

  • a reference to the word 'including' or 'includes' is to be construed without limitation to the preceding words.

Terms for Electronic Communication


By providing an email address in the application form or in later correspondence with Nikko AM Australia or OFS, you:


  • acknowledge that you have nominated to receive any information on your investment in or correspondence regarding, the Fund (Investment Information) electronically;

  • agree not to receive Investment Information by post and agree for Investment Information to be sent to the most recent email address Nikko AM Australia has on the register for you, even if there is a fax number. If there is no email address, you agree to be sent Investment Information by post to the most recent address Nikko AM Australia has on the register for you;

  • agree to Nikko AM Australia sending you information relating to Nikko AM Australia or its products and services to your email address, mobile phone number or fax number;

  • acknowledge and agree that Nikko AM Australia will not be held liable for any loss arising where it or its service providers, acts on instructions received via your nominated email address;

  • acknowledge that electronic communication may be intercepted, copied, adapted or imitated by third parties and may not always be safe, reliable or timely;

  • accept all risks associated with receiving Investment Information electronically, including the risk that an email sent to you may be infected with viruses or corrupted in any other manner; and

  • agree that neither Nikko AM Australia nor OFS has any responsibility and are not liable for any loss arising in connection with the Investment Information being sent electronically, including if you do not receive the Investment Information or there is a delay in you receiving the Investment Information, or the fact that the email may be corrupted or infected with viruses. All appointed authorised signatories that provide Nikko AM Australia or OFS with an email address or fax number are taken to agree to the above Terms for Electronic Communication, where a reference to 'you' is taken to be a reference to 'the authorised signatory'. Please contact Nikko AM Australia if you do not want to be bound by these Terms for Electronic Communication.

Please see our Privacy Policy.



ONEVUE PRIVACY POLICY 2014


1. Introduction


OneVue Holdings ACN 108 221 870, OneVue Limited ACN 072 262 312, OneVue Services Pty Ltd ACN 104 037 256, and OneVue Fund Services ACN 107 333 308 (“we, our, us”) are committed to protecting the privacy of all personal information collected. This Privacy Policy explains the kinds of personal information we collect, the purposes for which it is collected, how personal information is stored, who it is disclosed to and how to contact us to either access or correct any personal information or to make a privacy related complaint.


We are required by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (the ‘Privacy Amendment Act’) to comply with the Australian Privacy Principles (APPs). The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, storage, accessibility and disposal.


Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable; whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not. Examples include an individual's name, address, contact number and email address.


Special provisions apply to the collection of personal information which is sensitive information. Sensitive information includes, for example, information about a person's membership of a professional or trade association. We do not collect sensitive information, including information relating to a person's; race, religion, political views, sexual preferences, criminal convictions, membership of professional trade associations or unions or health information.


2. What Personal Information do we collect?


The Financial products and services provided by us include both direct to client services and services provided through financial planners and fund managers. The information we collect directly from clients, financial advisors and fund managers includes; name and contact information, date of birth, tax file number, occupation, employer, financial information regarding the products they invest in, data required for AML/CTF purposes and any other information required to administer the products they invest in.


3. How do we collect and hold Personal Information?


When we collect personal information directly from an individual, we take reasonable steps at or before the time of collection to ensure that the individual is aware of certain key matters, such as the purposes for which we are collecting the information, the organisations (or types of organisations) to which we would normally disclose information of that kind, the fact that an individual is able to access the information and how to contact us to either access or correct their personal information.


We will collect personal information directly from an individual where it is reasonable and practicable to do so. Where we collect information from a third party such as a financial planner or fund manager, we will still take reasonable steps to ensure that an individual is made aware of same key matters as set out above.


We take reasonable steps to ensure that the personal information that we collect, use and disclose is accurate, complete and up to date, by reviewing personal information provided as part of the application process against certified documentation to make sure it meets requirements before processing. We advise clients to keep their information up to date and provide mechanisms for them to do so.


We take reasonable steps to protect the personal information that we hold from misuse and loss and from unauthorised access, modification or disclosure by using security procedures and the latest technology. Account information is password and security question protected and instructions are verified before they are processed.


Personal information is stored on both onsite servers located in secured server rooms and in our Sydney data centre. Data from onsite servers is backed up both to tape and pushed over the network to the data centre. Backups within the data centre are stored in two separate physical locations within New South Wales. Information which is classified as personal information is scrambled before being moved out of production environments. Any personal information sent to external locations is secured with encryption.


We may disclose personal information to the following:


  • Internally to our staff;

  • Related bodies corporate;

  • Financial institutions, where necessary, to allow us to establish accounts or other banking facilities on behalf of clients or investors;

  • Professional advisers including; auditors, accountants and lawyers, within normal business practices;

  • Support Services; and

  • Where otherwise required or authorised by law.

If other organisations provide support services to us, they are required to appropriately safeguard the privacy of the personal information provided to them.


Where personal information collected is no longer needed for any purpose that is permitted by the Privacy Amendment Act, we will delete, securely destroy or permanently de-identify the personal information.


4. Use of Commonwealth government identifiers


We do not use Commonwealth government identifiers (Identifiers) as its own identifier of individuals. We will only use or disclose Identifiers in the circumstances permitted by the Privacy Amendment Act.


5. Purposes of collection


We will not collect personal information from an individual or third party unless that information is reasonably necessary for or directly related to one or more of our functions or activities.


We will only collect personal information from an individual or third party which is reasonably necessary to provide our products or services. We collect personal information for the following purposes (primary purposes), including:


  • Processing applications and other transactions for products and services offered by us and our clients;

  • Providing information and communications to account holders, necessary for the operation of products and services offered by us and our clients, or to comply with Corporations Act requirements;

  • To record and maintain investor details necessary for providing the unit registry services offered by us and our clients;

  • Establishing accounts or other banking facilities on an individual's behalf with third party financial institutions and administering an individual's accounts or other banking facilities;

  • Communicating with clients and investors;

  • Conducting our internal business operations, including meeting any relevant regulatory or legal requirements;

  • As agent, collecting information to enable our clients to comply with Anti-Money Laundering and Counter-Terrorism Financing Law; and

  • Assessing applications for employment.

If we use or discloses personal information for a purpose (secondary purpose) other than a primary purpose, to the extent required by the Privacy Amendment Act, we will ensure that:


  • the individual has consented to the use or disclosure of their personal information for the secondary purpose; or

  • the individual would reasonably expect us to use or disclose the information for the secondary purpose and the secondary purpose is related to the primary purpose of collection, and in such way that one would reasonably expect us to use or disclose the information.

We do not collect any sensitive information.


6. Accessing your Personal Information or Making a Complaint


Any individual about whom we hold personal information, can contact us to access or correct their personal information. We will take all reasonable steps to provide access to or amend any personal information that is incorrect. If we are unable to correct your personal information we will advise you with an explanation why in writing.


If you believe that we have not dealt with your personal information in accordance with this Privacy Policy or the Australian Privacy Principles, you may make a complaint to us.


You can contact us to either access or correct personal information, or complain about any breach of the APPs by writing to the Privacy Officer at:


Compliance Department, PO Box R1926, Royal Exchange, NSW, 1225.


We will acknowledge your complaint in writing within 7 days of receipt, and process and respond to your complaint within 30 days. If we cannot resolve your complaint within 30 days of receipt we will contact you with an explanation why and ask permission for an extension of time.


If (after 30 days) you are not satisfied with our response, you can raise your concerns with the Office of the Australian Information Commissioner:


Online: www.oaic.gov.au
Phone: 1300 363 992
Email: enquiries@oaic.gov.au
Fax: +61 2 9284 9666
Mail: GPO Box 5218, Sydney NSW 2001 or GPO Box 2999, Canberra ACT 2601.


7. Disclosing personal information overseas


Some of our third party contractors and service providers may perform certain services overseas. As a result, personal information collected by us may be disclosed to a recipient in a foreign country. We outsource back office administrative services and anti-money laundering counter-terrorism financing screening services to providers who operate overseas. The countries in which such overseas recipients are likely to be located are the United Kingdom, Canada, Singapore, The Netherlands and India.


We take reasonable steps to ensure these overseas recipients comply with the APPs by implementing contractual arrangements with overseas service providers to ensure the personal information is appropriately safeguarded and to ensure that these overseas service providers comply with the APPs.


8. Availability of our Privacy Policy


Our Privacy Policy is available free of charge on our public website.