Privacy Policy

Folkestone Limited and its related companies and trusts (Folkestone, we or us) recognise the importance of protecting the privacy and the rights of individuals in relation to their personal information.  This document is Folkestone’s privacy policy and it tells you how Folkestone collects and manages your personal information.

Folkestone respects your rights to privacy under the Privacy Act 1988 (Cth) (Act) and complies with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.

What is your personal information?

When used in this privacy policy, the term “personal information” has the meaning given to it in the Act.  In general terms, it is any information that can be used to personally identify you.  This may include your name, address, telephone number, email address and profession or occupation.  If the information Folkestone collects personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What personal information do we collect and hold?

The information we collect about you depends upon what dealings you have with Folkestone. Folkestone may collect the following types of personal information about you:

  1. your name, age or date of birth;
  2. contact details, including your mailing or street address, email address, telephone number  and facsimile number;
  3. profession, occupation or job title;
  4. information to verify your identity such as your driver’s licence number;
  5. information relating to your financial position, income and credit-worthiness;
  6. your employment history, if you apply for a job with Folkestone;
  7. details of the products and services that Folkestone have supplied to you or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
  8. any additional information relating to you that you provide to Folkestone directly through Folkestone’s websites or indirectly through use of our websites or online presence, through our representatives or otherwise;
  9. information you provide to Folkestone through our representatives or customer surveys from time to time; and
  10. if you invest in or through Folkestone, information relating to you and your investment including security holding details and balances, bank account details and tax file numbers.

Folkestone may also collect some information that is not personal information because it does not identify you or anyone else.  For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

We are required to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

Folkestone collects your personal information directly from you unless it is unreasonable or impracticable to do so.  In some circumstances, personal information may be provided to Folkestone by other parties such as your agent and may be collected on behalf of Folkestone by service providers such as its property manager and its share registry operator. Folkestone may also collect personal information from parties including its related companies and managed trusts, from third party companies such as credit reporting bodies, law enforcement agencies and other government entities.

Cookies

In some cases we may also collect your personal information through the use of cookies.  When you access Folkestone’s websites, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer.  Cookies enable Folkestone’s websites to track user traffic patterns and to better serve you when you revisit the website. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

What happens if we can’t collect your personal information?

If you do not provide Folkestone with the personal information described above, some or all of the following may happen:

  1. we may not be able to provide the requested products or services to you, either to the same standard or at all; or
  2. we may not be able to provide you with information about products and services that you may want; or
  3. we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful

For what purposes do we collect, hold, use and disclose your personal information?

Folkestone operates the following businesses:

  1. property development; and
  2. acting as responsible entity or trustee for listed and unlisted property trusts where we may make product offerings to potential investors and which develop, invest in and lease retail, residential, social infrastructure and commercial real estate.

Folkestone collects personal information in order to carry on the above businesses, to provide property-related products and services, to improve our products and services and to communicate with our customers and investors. Personal Information may also be disclosed between Folkestone’s businesses, related companies and trusts.

Folkestone also collects, holds, uses and discloses your personal information for the following purposes:

  1. to provide products and services to you and to send communications requested by you;
  2. to answer enquiries and provide information about existing and new products or services;
  3. assessing the suitability and on-going performance of prospective and current tenants;
  4. to provide you with access to protected areas of our website;
  5. to assess the performance of Folkestone’s website and to improve the operation of the website;
  6. to conduct business processing functions including providing personal information to its related companies and managed trusts, contractors, service providers or other third parties;
  7. for the administrative, marketing (including direct marketing), planning, product or service development, quality control and research purposes of Folkestone, and its contractors or service providers;
  8. to provide your updated personal information to Folkestone’s related companies and managed trusts, contractors, professional advisors or service providers;
  9. to update our records and keep your contact details up to date;
  10. to process and respond to any complaint made by you; and
  11. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.

Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. Folkestone may combine or share any information that Folkestone collects from you with information collected by any of Folkestone’s related companies and managed trusts (within Australia).

Direct marketing materials

Folkestone may send you direct marketing communications and information about our products and services that we consider may be of interest to you.  These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).  You consent to Folkestone sending you those direct marketing communications by any of those methods.  If you indicate a preference for a method of communication, Folkestone will endeavour to use that method whenever practical to do so.  In addition, at any time you may opt-out of receiving marketing communications from Folkestone by contacting us (see the details for our Privacy Officer below) or by using opt-out facilities provided in the marketing communications. Folkestone will then ensure that your name is removed from those mailing lists.

To whom does Folkestone disclose personal information?

Folkestone does not disclose your personal information, except as stated below. Folkestone takes reasonable steps to ensure that third party recipients do not use personal information for their own purposes and that those parties comply with Folkestone’s privacy policy.

Parties to whom Folkestone may disclose relevant personal information include:

  1. consultants, agents or contractors acting on Folkestone’s behalf, including real estate agents, marketing agencies, surveyors, conveyancers, builders and property developers;
  2. valuers where Folkestone is seeking to value a property or lease;
  3. third party lenders, lenders mortgage insurers, credit reporting bodies and guarantors;
  4. regulatory authorities where required by law including the Australian Securities Exchange and the Australian Securities and Investments Commission;
  5. related parties, entities and trusts of Folkestone; and
  6. parties to whom Folkestone has outsourced various functions. Those parties may include the providers of share registry services, contractors or service providers for the purposes of operation of our website or our business, custodians, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, insurers, insurance brokers, real estate agents, marketing agents, property management services and professional advisors such as accountants, lawyers and business advisors.

If any Folkestone business, company or trust is sold to another organisation, we may transfer any personal information we hold about you to that organisation.

How can you access and correct your personal information?

You may request access to any personal information Folkestone holds about you at any time by contacting us (see the details below).  Where Folkestone holds information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).  Folkestone may charge you a fee to cover its administrative and other reasonable costs in providing the information to you. Folkestone will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where Folkestone cannot grant you access to the personal information we hold.  For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality.  If that happens, Folkestone will give you written reasons for any refusal.

If you believe that personal information Folkestone holds about you is incorrect, incomplete or inaccurate, then you may request us to amend it.  Folkestone will consider if the information requires amendment.  If Folkestone do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.

You may contact Folkestone’s Privacy Officer by:

Email:         smartin@folkestone.com.au; or

Post:          Privacy Officer, Folkestone, Level 12, 15 William Street, Melbourne VIC 3000.

What is the process for complaining about a breach of privacy?

Folkestone requests that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint.  Our Privacy Officer deals with privacy complaints and any complaints should be directed to Folkestone’s Privacy Officer using the contact details above.  Folkestone will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome.  Folkestone will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.

After Folkestone have completed its enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint.  If we receive a response from you, we will assess it and advise if Folkestone has changed its view.

Do we disclose your personal information to anyone outside Australia?

Folkestone does not disclose personal information to parties located overseas.

Investors/Shareholders/Unitholders of Folkestone including Listed and Unlisted Property Funds

Folkestone has outsourced its registry function to Boardroom Pty Limited. Boardroom has developed a privacy policy covering the collection and management of personal information that Boardroom collects on Folkestone’s behalf. You may obtain a copy of Boardroom’s privacy policy at Boardroom’s website at www.boardroom.com.au or by contacting Boardroom by:

Email: privacyofficer@boardroomlimited.com.au; or

Post: The Privacy Officer, Boardroom Pty Limited GPO Box 3993 Sydney NSW 2001; or

Phone: 1300 737 760

You should contact Boardroom’s Privacy Officer if you have a complaint about privacy or would like details of your personal information in your capacity as an investor/shareholder/unitholder and your enquiry or complaints relates to Boardroom’s collection, holding or use of your personal information. For your protection, Boardroom may only disclose personal information to you if its internal procedures (eg. verifying your identity) are satisfied. If you are not satisfied by Boardroom’s response to your privacy concerns you should contact Boardroom’s Privacy Officer. However if your personal information is relating to a securities holding which is a broker sponsored CHESS holding, you will need to contact that broker to update your registered name or address.

Security

Folkestone takes all reasonable security measures to protect personal information from loss, unauthorised access, destruction, misuse, modification or disclosure.

Changes to our privacy policy

Folkestone may change this privacy policy from time to time.  Any updated versions of this privacy policy will be posted on Folkestone’s website at www.folkestone.com.au.

This privacy policy was last updated on 19 March 2014.