- Legal disclaimer
The information on the Man Investments Australia Limited ("MIAL") website:
- should not be distributed to any third party in whole or in part without the prior written consent of MIAL; and
- has been obtained from sources believed to be accurate and MIAL does not give any representation or warranty as its reliability, accuracy or completeness.
- General advice
The web site contains general information and does not purport to take into account any investor's particular financial circumstances. Man Investments Australia recommends that all potential investors seek independent financial, taxation and legal advice. To the maximum extent permitted by law, Man Investments Australia disclaims liability for any errors or omissions whether caused by the negligence of Man Investments Australia or otherwise. Man Investments Australia does not accept any legal responsibility for material published on third party linked sites. Past performance is not a reliable indicator of future performance.
- Description of website
Access to and use of the maninvestments.com.au website (the "Site") and the materials found on it (the "Content"), including the investment products referred to on it (the "Investment Products") are subject to the following terms and conditions (these "Terms"). By clicking the confirmation at the bottom of these Terms, you signify that you have read, understood and accepted these Terms. MIAL may update, revise, delete or modify information on this Site without notice. Information should only be considered current as of the time of initial publication on this Site or as otherwise stated on this Site without regard to the date on which you may access the information.
- Restricted access
This Site, the Content and the Investment Products are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site (or the purchase or sale of the Investment Products) would be contrary to applicable law or regulation or would subject Man to any additional registration or licensing requirement in such jurisdiction.
- No offer
The Content is provided for information purposes only and does not constitute a solicitation or offer, or advice or recommendation, to buy or sell interests in any Investment Products, to effect any transactions, or to conclude any transaction of any kind whatsoever. Potential investors should read the terms and conditions in the relevant offering materials carefully before any investment decision is made.
- Monitoring by MIAL
Your use of the services on this Site may be monitored by MIAL, and the resultant information may be used by MIAL or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.
- No warranties and exclusion of liability
Whilst MIAL shall use reasonable efforts to obtain information from sources which we believe to be reliable, MIAL gives no warranty as to the accuracy, completeness or reliability of any information, opinions or forecasts contained on the Site, nor does it undertake to ensure that this Site will be available or accessible at all times. MIAL shall have no liability (whether in contract, tort or otherwise) for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with the access to, use of or linking to other websites ("Linked Websites") from this Site or any reliance on any of the Content. MIAL is not responsible for the content of any Linked Websites and accordingly accepts no liability with respect thereto or for any reliance placed upon such Linked Websites. MIAL is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider). These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to MIAL.
- Investment Performance
Potential investors should note that investments can involve significant risks and the value of an investment may go down as well as up. The Investment Products on this Site typically use alternative investment strategies and may invest in derivatives of any kind. The prices of futures, options and other instruments in which the products may invest may fall in value as rapidly as they may rise and it may not be possible to liquidate the positions in the relevant markets before a loss is sustained. Price fluctuations may be substantial because of leverage. No assurance can be given that the investment objective of any Investment Product will be achieved or that substantial losses will not be suffered. There is no guarantee of trading performance and past or projected performance is not necessarily a guide to future results. Movements in exchange rates between currencies may affect the value of an investment.
- No Reliance
Nothing contained on this Site constitutes investment, legal, tax or other advice or a recommendation to purchase or sell any investment. You should not rely on any of the Content in making an investment or other decision but should obtain relevant and specific professional advice and read the terms and conditions contained in the relevant offering prospectus carefully before any investment decision is made.
- Material Interests
Any one of MIAL or its affiliates or their directors, officers, employees, agents or representatives may have or have had an interest or holding, relationship or other arrangement with the Investment Products which may be material. Potential investors should refer to the applicable offering documents for any Investment Product and in particular, the potential conflicts of interest discussed therein.
- Financial Services Guide
At Man Investments Australia Limited ABN 47 002 747 480 ("Man") we recognise the importance of your privacy. We are committed to protecting and maintaining the privacy, accuracy and security of your personal information. We maintain all personal information in accordance with the Privacy Act 1988 and the 13 Australian Privacy Principles.
PERSONAL INFORMATION WE COLLECT AND HOLD AND WHY
The types of personal information we collect and hold may include information such as:
- your name;
- postal or email address;
- telephone numbers;
- date of birth;
- occupation and business title;
- the name of the organisation that employs you;
- bank details;
- financial details such as tax file numbers; and
- other information that is relevant to our functions or activities, including the services and products we provide.
We may collect personal information about you where we are required or authorised by law to collect it.
We may be required to collect government-related identifiers, such as your tax file number. We will not use or disclose this personal information except to the extent permitted or required by law.
We may collect, hold, use and disclose your personal information to:
- provide you with our products or services;
- administer your investments with us;
- communicate with you on an ongoing basis about your investments and the market;
- verify your identity;
- facilitating our business operations; or
- for other purposes of interest to you.
We may also collect, hold, use and disclose your personal information to:
- comply with relevant laws and regulatory requirements; and
- provide you with marketing material about the products and services we offer. Where we do so, we will give you the opportunity to request that your personal information not be used for future direct marketing. You may also contact us at any time to request us not to use your personal information for this purpose.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We may collect personal information through others including from our intermediaries, service providers and other external parties or directly from you from application forms, other Man forms, telephone conversations, facsimile and email messages and on-line submissions made via our website. We will only collect personal information that is relevant to our functions and activities.
We may also collect de-identified information from website users so we can analyse and improve our website services.
We may also collect personal information about you from other sources, such as publicly available information or from a third party such as a related entity or your representative as stated above, or from an intermediary or service provider. We only do this for purposes related to our functions or activities.
When we collect personal information from you directly, or personal information about from a third party that can be used to identify you, we will take reasonable steps to notify you of matters relating to that collection, including the fact and circumstances of the collection, why we collected the personal information, the consequences if the personal information is not collected, who we may disclose it to, how you can access it and how you can correct it.
Sensitive information will only be collected about you with your consent or as otherwise permitted by law.
We aim to ensure that personal information which we hold is accurate, complete and up-to-date at all times. If we become aware that any of the personal information that we hold about you is inaccurate, we will correct that information. If you become aware that personal information that we hold about you is inaccurate, please let us know and we will ensure that our records are updated and we will take reasonable steps to advise any third parties of the corrections.
UNSOLICITED PERSONAL INFORMATION
We may receive unsolicited personal information about you. In these instances, we will check whether that personal information is reasonably necessary for our functions or activities, including the services and products we provide.
If the personal information is not reasonably necessary for our functions or activities, we will destroy or de-identify it as soon as practicable if is lawful and reasonable to do so.
HOLDING AND STORING YOUR PERSONAL INFORMATION
We may store your personal information physically or electronically with third party storage providers. Where we do this, we use contractual arrangements to ensure those providers take appropriate measures to protect your personal information and restrict the uses to which they can put your personal information.
We will only keep your personal information for as long as we require it for our purposes. We are required to keep some of your personal information for a certain period of time under law. Where personal information we hold is no longer required for any purpose, we take reasonable steps to effectively and securely destroy it or de-identify it.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose your personal information to third parties engaged by us to perform functions or activities on our behalf, including related companies. For example, we use external service providers to help us provide our services to you such as registry providers, mailing houses, printing companies and external consultants.
We may be required to provide your details to a governmental or regulatory body (such as ASIC, ATO, AUSTRAC, or a law enforcement agency) or a court order may require us to disclose certain information.
We may need to disclose your personal information with your authorised representative or any person acting on your behalf.
We may also disclose your personal information where you have consented to the disclosure, or as otherwise specifically provided for by the Privacy Act.
YOU MAY ACCESS YOUR PERSONAL INFORMATION
In certain circumstances, we will not be required to provide you with your personal information. For example, you may not be able to access your personal information where it relates to existing or anticipated legal proceedings that you have with us and where that personal information would not be accessible by the process of discovery in those proceedings.
CONSEQUENCES OF NOT PROVIDING YOUR PERSONAL INFORMATION
If do not provide your personal information to us, we may not be able to:
- provide you with the product or service you want;
- manage or administer your product;
- verify your identity;
- protect against fraud; or
- engage you or your company to provide services to us.
ANONYMITY AND PSEUDONYMITY
If you have general enquiry type questions, you can choose to do this anonymously or use a pseudonym. However, you will not be able to invest in our products or use our services if you deal with us anonymously or by pseudonym.
In general, we will not be able to interact with you anonymously or if you use a pseudonym when it is impracticable to do so or where we are required or authorised to collect personal information by law.
COMPLAINT RESOLUTION MECHANISM
If you have a question, concern or a complaint regarding the way in which we handle your personal information, or if you would like further information about our privacy information handling practices, please contact our Privacy Officer using the contact details below.
A compliant should be made to our Privacy Officer in writing. We will endeavour to respond to a complaint within 30 days.
If you are not satisfied with our response to a complaint, you may lodge a complaint with the Financial Services Ombudsman Service:
Financial Ombudsman Service
Address: GPO Box 3
Melbourne VIC 3001
Telephone: 1300 78 08 08 Facsimile: (61-4) 9613 6399 Website: www.fos.org.au Email: firstname.lastname@example.org
If you remain dissatisfied with the outcome of a complaint following its determination by the Financial Ombudsman Service, you may lodge a complaint with the Office of the Australian Information Commissioner.
HOW TO CONTACT US
To contact Man Investments Australia Limited's Privacy Officer:
Telephone: (61-2) 8259 9999 Toll free within Australia: 1800 222 355 Toll free from New Zealand: 0800 878 220 Fax: (61-2) 9252 4453 Email: email@example.com Mail: Man Investments Australia Limited
PO Box N672
GROSVENOR PLACE NSW 1220
10 April 2015