Privacy Policy
Privacy Policy
This Privacy Policy applies to all Personal Information and Sensitive Information collected by Blackduck Capital Pty Ltd ACN 677 198 702 (we, us or our), in the course of conducting our business. This includes information gathered through our social media platforms, our website at https://blackduckcapital.com.au (Website) and any other interactions, both online and offline.
By engaging our services and interacting with us, you agree to the processing of your Personal Information and Sensitive Information as outlined in this Policy.
- Types of Information
The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.
Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.
Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, medical checks or health information.
Sensitive Information will be used by us only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose; and
(c) with your consent or where required or authorised by law.
- Personal Information We Collect
The kind of Personal Information that we collect from you will depend on your interactions with us and the services you use. The Personal Information which we collect and hold about you may include:
(a) Personal Details: Name, date of birth, gender, occupation, and residential address;
(b) Contact Information: Telephone number and email address;
(c) Financial Information: Credit information such as credit history (including any defaults) and credit infringement, bank account details, tax file number, payment information, authorised signatories, personal insolvency, court proceedings, contact information about your financial adviser and other financial data;
(d) Identification Documents: Your identification and related details (e.g. power of attorney, probate and estate administration, trust deeds, partnership agreements or constitutions) for the purpose of verifying identity and ensuring compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, as well as other relevant legislation and regulations concerning identity verification, tax reporting, and withholding in Australia;
(e) Other Information: Any other necessary to provide our services to you and ensuring compliance with the relevant legislation and regulations in Australia;
(f) Demographic Details: Age and number of dependants / cohabitants;
(g) Residential History: Duration at your current address;
(h) Employment Information: Job title, employer details, length of service and employment history; and
(i) Financial Proof: Documentation of earnings (e.g., pay slips, tax returns) and expenses.
- Collection Methods
(a) We collect Personal Information through various methods, such as phone calls, our Website, documents, correspondence, and emails. Whenever possible, we aim to gather information directly from you.
(b) We may also collect cookies from your computer which enable us to tell when you use the Website and also to help customise your Website experience. You can adjust your computer settings to accept or reject cookies. As a general rule, however, it is not possible to identify you personally from our use of cookies.
(c) We generally don’t collect Sensitive Information, but when we do collect Sensitive Information such as when it is necessary to comply with legal obligations or to assess your application for a loan, we will comply with the preceding paragraphs.
(d) Where reasonable and practicable we collect your Personal Information directly from you. However, there are instances where we may need to collect Personal Information or Sensitive Information from third parties (e.g. financial advisers, authorised representatives like executors and administrators, or identification verification service providers).
- Purpose of Collection
(a) We primarily use and disclose Personal Information for the purposes for which it was provided to us, or for related purposes that you would reasonably expect. These purposes include:
- Managing your profile and our relationship with you;
- Informing you about our services;
- Fulfilling our record-keeping, reporting, and tax obligations;
- Protecting legal rights and complying with legal requirements;
- Conducting quality assurance and training;
- Preventing fraud and abuse;
- Communicating with you; and
- Addressing any enquiries or complaints.
(b) We may be legally obligated to disclose Personal Information in certain circumstances. This may include providing information to:
- Australian Government regulators, such as the Australian Securities and Investments Commission, the Australian Tax Office, and the Australian Transaction Reports and Analysis Centre, as well as other regulatory or governmental bodies;
- The Financial Ombudsman Service or the Australian Financial Complaints Authority;
- Courts, in compliance with court orders, including those related to Family Law matters; and
- Regulatory or governmental entities outside of Australia.
(c) We customarily only disclose Personal Information to our service providers who assist us in operating the Website. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(d) By using our Website and/or our social media platforms, you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link or contacting the Privacy Officer below.
(e) We do not sell or trade your Personal Information.
- Security, Access and Correction
(a) We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfill our record keeping obligations.
(b) While we strive to protect your Personal Information, no method of data transmission over the internet is completely secure. By providing your Personal Information online, you accept this risk. Once we receive your data, we apply stringent measures to protect it from unauthorised access.
(c) We value the accuracy and currency of the Personal Information we maintain about you. Throughout our relationship, we may request that you notify us of any changes to your Personal Information. We typically depend on you to ensure the information we have is correct and complete. Should you need to update your details, please reach out to the Privacy Officer.
(d) The Australian Privacy Principles:
(i) permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
(ii) allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
(e) Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy. We may charge a fee to cover the reasonable costs associated with retrieving and providing the information to you.
(f) Depending on the nature of your request, we may respond immediately; otherwise, we generally aim to reply within 7 days of receiving it. We may also need to reach out to other entities to thoroughly investigate your request.
(g) There may be situations where we are not required to provide you with access to your Personal Information, such as if the information relates to existing or anticipated legal proceedings, if your request is vexatious, or if the information is commercially sensitive. If we deny you access to the Personal Information we hold about you, we will explain why.
- Overseas Data Transfers
Your Personal Information may be stored or transferred overseas (Transferred), including via cloud storage and external servers located outside Australia, for various reasons. It is not possible to identify each and every country to which your Personal Information may be sent.
If your Personal Information is Transferred to a recipient in a country with data protection laws which are at least substantially similar to the Australian Privacy Principles, and where there are mechanisms available to you to enforce protection of your Personal Information under that overseas law, we will we will not be accountable for any mishandling in that jurisdiction, and you may not be able to seek redress from us.
If your Personal Information is Transferred to a jurisdiction which does not have data protection laws as comprehensive as Australia, we will, where practicable, take reasonable steps to select and secure reputable offshore service providers to handle your information in accordance with the Australian Privacy Principles. However, we will not be accountable for any mishandling in that jurisdiction, and you may not be able to seek redress from us.
- Google Analytics
We use Google Analytics to collect information about how visitors interact with our Website. This tool helps us understand our Website usage patterns, such as the number of visitors, the pages they visit, and how long they stay. Google Analytics collects data such as IP addresses, browser types, and referring pages.
The information gathered through Google Analytics is used to improve our Website’s functionality and enhance user experience. We do not share this data with third parties, except as required by law, and it is retained in accordance with our data retention policies.
You have the option to opt-out of Google Analytics tracking by using the Google Analytics Opt-out Browser Add-on, which prevents your data from being used by Google Analytics. For more information on how Google Analytics collects and processes data, please refer to Google’s Privacy Policy.
- Complaint Handling
If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us on the contact details set out at the bottom of this policy.
We take complaints seriously and will respond within 30 days to resolve the matter promptly and fairly.
All complaints will be reviewed by our Privacy Officer, and we may request further information to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem.
If you remain dissatisfied with the outcome, you may refer your complaint to the Office of the Australian Information Commissioner, which can be contacted at www.oaic.gov.au or by phone on 1300 363 992.
- Policy Updates and Related Policies
We may update this Privacy Policy from time to time by posting the revised version on our Website. This policy was last updated on 5 March 2025.
This Privacy Policy is part of the agreement governing your use of our services. Please also review our Terms and Conditions, available at https://blackduckcapital.com.au/terms. By accessing or using our services, you agree to be bound by both.
- Contact Us
Your privacy is important to us, and we are committed to managing your Personal Information responsibly, transparently and in accordance with our legal obligations, including the requirements of the Privacy Act and the Australian Privacy Principles.
For inquiries, corrections, or complaints regarding this Privacy Policy, please contact:
The Privacy Officer
Blackduck Capital Pty Ltd ACN 677 198 702
Suite 803, Level 8, 10 Help Street, Chatswood NSW 2067
Email: hello@blackduckcapital.com.au
Phone: 1300 110 860