Privacy policy

Introduction

Navinci is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect your personal information, including where applicable in compliance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth).

This policy applies to any personal information you provide to us and any personal information we collect about individuals from you or from other sources.

1. Purpose

1.1 Navinci includes:

(a) Navinci Global Markets Pty Ltd ACN 671 756 406;

(b) Navinci Loan Co Pty Ltd ACN 680 114 532;

(d) Navigate IP Holdings Pty Ltd ACN 651 702 420;

(e) Navihedge Pty Ltd ACN 649 131 466;

(f) Nostro Assets Pty Ltd ACN 671 761 872; and

(g) Nostro Bidco Pty Ltd ACN 671 467 351.

1.2 Personal information is any information or opinion about you that is capable, or reasonably capable, of identifying you, whether the information or opinion is true or not and is recorded in material form or not.

1.3 Sensitive information is personal information that includes for example your racial or ethnic origin, political opinions or membership of political associations, religious or philosophical beliefs, membership of a professional or trade association or trade union, sexual orientation or criminal record. Your health, genetic and biometric information and biometric templates are also sensitive information.

1.4 “The company”, “We”, “Our”, “Us” is a reference to Navinci.

2 Why we collect personal information

2.1 We collect personal information (including where applicable, sensitive information) to perform our business functions and to provide you (or an affiliated entity) with our products and services as may be requested from time to time, as well as information on other products and services offered by or through us.

2.2 Your personal information may be collected and used by us to provide and administer our financial products and services, to communicate and engage with you during the course of business or other relationship with us, to comply with applicable laws, for risk management purposes, for employment-related purposes (such as assessing your employment application, or maintaining an employment relationship) and, unless you tell us otherwise, to provide you with related marketing information. We also use the information we hold to help detect and prevent unlawful activity (including without limitation money laundering, terrorism, bribery, corruption and fraud). We cooperate with police and other enforcement bodies as required or authorised by law.

2.3 You have the option of dealing with us anonymously or using a pseudonym in some cases (for example when you make inquiries about our products or services). However, we will need to know and verify who you are, to comply with applicable law and regulatory requirements, before we can provide you with our financial products and services.

3 What personal information we collect

3.1 The types of personal information we collect and hold about you depends on the relationship we have with you, and where applicable, the financial products and services we may be providing. Examples of personal information we may collect and hold include:

(a) Personal information provided when you establish a business relationship with us, or communicate with us;

(b) Identification information such as your full name(s), contact details (personal and/or business) including addresses, phone numbers and email addresses, date and place of birth, government issued identification such as drivers’ licence and/or passport details. This may be required in connection with a range of persons including our clients, beneficial owners, authorised representatives, agents and partners. Some of this information may be required in respect of other transaction-related parties (such as our client’s relevant buyer, supplier, payee, guarantors and grantors, representatives, and in each case including those of our client’s affiliates or related bodies corporate);

(d) Financial data, such as invoices, credit notes, payslips, payment behaviour, the value of your (and if relevant your related individuals’) personal property and other assets and liabilities, your credit capacity, your previous or current insurance, financial products you have with Navinci and other financiers, and information on your income and sources of wealth/funds;

(e) Relevant information in relation to security provided (or to be provided) by you or a related person (for example as registered on the Personal Property Securities Register or with a Land Titles Office or Registry);

(f) Audio-visual data, such as recordings of phone calls to Navinci;

(g) Contact and identification details of any third party that you have authorised to provide personal information, negotiate and/or enter into arrangements or documentation on your behalf;

(h) Personal information in relation to employment or contracting/consulting applications and arrangements, including from adverse media checks, academic record, references, screening and pay, and information about your interests which may pose conflicts of interest;

(i) Online behaviour and preferences data, such as your device ID, your IP address, date and time you visited pages on our website; documents downloaded from pages on our website; information about the website you visited prior to visiting our site, the browser you are using to access our website pages; if you have visited our website before and tracking user preferences and other similar details;

(j) Data such as your device ID and your IP address through electronic know-your- customer checks and customer identification verification processes, and data and signatures through electronic signing platforms;

(k) Data about your interests and needs that you share with us, for example when you communicate with Navinci or participate in a Navinci online survey.

3.2 In certain circumstances, we may also collect and hold sensitive information about you with your consent or where permitted by law. The type of personal information we collect and hold about you depends on the relationship we have with you and the products and services we may be providing. Examples of information we may collect and hold include:

(a) Your biometric data as part of individual know-your-customer checks and client identification and verification and anti-fraud processes;

(b) Criminal record information including from police checks (as part of background employee due diligence screening and in order to meet various legal and regulatory compliance requirements); and

(c) Health information including details of dietary requirements and associated medical conditions for employees and contractors, including for example for events and functions.

3.3 Generally, it is recommended that you do not provide sensitive information to us unless we specifically request it. We will only collect it where:

(a) You have provided your consent;

(b) We are required or permitted by law to do so.

5. When we are required or authorised by law to collect and hold information

5.1 Please note that we are required by law to identify you if you will be receiving a financial product, loan or other designated service from us. Anti-money laundering laws require us to know our client (including its beneficial owners) and as such, we will generally need to sight and record details of certain documents (for example, photographic and non- photographic documents) in order to meet the standards set under those laws.

5.2 We may take steps to verify the information we collect; for example, a drivers’ licence or passport provided as identification, will be sent to our external provider for verification. This service provider will have access to external databases (such as the Australian Government’s Document Verification Service) that can verify the document. You consent to your identification document or information being checked with the official record holder (including without limitation the Australian Government’s Document Verification Services) when you provide us with such information or documents.

5.3 Additionally, we may collect information on third parties (including their representatives) that act as agent for us or on our behalf for anti-money laundering and counter- terrorism financing law and anti-bribery and corruption law purposes.

5.4 We may need to use or disclose your personal information in connection with certain laws including, but not limited to, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), Personal Property Securities Act 2009 (Cth), Corporations Act 2001 (Cth), Insurance Contracts Act 1984 (Cth), Autonomous Sanctions Act 2011 (Cth), Income Tax Assessment Act 1997 (Cth), Income Tax Assessment Act 1936 (Cth), Tax Administration Act 1953 (Cth), A new Tax System (Goods and Services Tax) Act 1999 (Cth), Unclaimed Money Act 1995 (NSW) and the Australian Securities and Investments Commission Act 2001 (Cth), and includes any associated regulations. Other applicable laws, including foreign laws with extraterritorial application (such as sanctions and tax laws) may also require or authorise us to collect, use and/or disclose your personal information from time to time.

6. What information we collect through our website

6.1 We and/or our website hosting provider may collect certain information when you visit our website. Examples of personal data we may collect include your device ID, your IP address, the date and time you visited pages on our website; documents downloaded from pages on our website; information about the website you visited prior to visiting our site, the browser you are using to access our website pages; if you have visited our website before and tracking user preferences and other similar details.

6.2 This information is generally collected to facilitate our website and system administration.

6.3 External websites linked to or from our website, or linked within this Privacy Policy, are not under our control, and users should review the privacy policies for those entities and sites.

Cookies

6.4 We may use data collection devices such as 'cookies' in conjunction with our website. Cookies are commonly used on the internet. They are a small file placed onto a computer by a server. A cookie can later be identified by a server, and update on return visits. We may use both 'persistent' and 'session’ cookies. We may evaluate the cookie information collected to measure the effectiveness of our advertising and how visitors use our website.

6.5 The information we collect through cookies may be combined with previous cookies collected information and other personal information you have provided us, allowing us to identify users at an individual level, their behaviours, activity and needs. We control how that data may and may not be used.

6.6 We may use cookies for various purposes, such as:

(a) to provide you with a more tailored service and a more effective website;

(b) collecting anonymous statistical information on things such as how many visitors our sites receive, how those visitors use the sites and where they came from.

7. How we collect personal information

7.1 Where reasonably practicable, we will collect personal information directly from you. However, in some circumstances, we collect personal information about you from someone else. We may collect personal information:

(a) Directly from you, or the individual to whom the information relates;

(b) Where you or another individual are an employee, director or hold beneficial ownership or control in an entity that we do, or may do, business with (such as our client or their associated guarantors or grantors), from that entity or its representative;

(c) Through our representatives and other third parties we deal with including our professional advisors, government bodies, financiers and contracted service providers (including compliance database service providers, company search and identity verification database providers such as Documentation Verification Service providers);

(d) From financiers, advisers and representatives of the individual / companies or entities associated with the individual;

(e) From our records of our products or services which you (or a related company or entity) have previously applied for or received from Navinci; and

(f) From publicly available sources,

including without limitation through our website or electronic applications, by email, SMS or phone, in person and in paper form and through electronic documents (including forms and applications) completed and provided to us.

7.2 Where you are a prospective client, current client, service provider or financing partner or authorised representative, and provide information to us about a third party, we expect that you will ensure that you have made the third party aware of the disclosure of their personal information, the purposes of the collection and the use and other potential disclosure of that information. Where the personal information is sensitive information, we rely on you to have expressly obtained the relevant individual’s consent to the above. If you have not done these things, you must tell us before providing the relevant information.

8. How we use your personal information

8.1 We use and disclose personal information for the primary purpose for which we collect it. We may also use it for secondary purposes where permitted by law, including where:

(a) We have obtained your consent;

(b) You would reasonably expect the use or disclosure, and the secondary purpose is related to the primary purpose; or

9. How we share your personal information

9.1 We may need to share your personal information with other parties, including third parties based domestically or overseas where we believe it is reasonably necessary for our business’ functions including the provision of our financial products and services. We may disclose your personal information to:

(a) Navinci entities;

(b) Our professional advisers (for example, external law firms, accountants and auditors);

(c) Governmental bodies including regulators to comply with our regulatory obligations. This includes for example, the Australian Transaction Reports and Analysis Centre (AUSTRAC), the Australian Securities and Investments Commission (ASIC), the Australian Taxation Office (ATO), law enforcement agencies;

(d) Banks and other financial institutions, for example in relation to negotiation intercreditor arrangements, and in order to process payments;

(e) Our business partners and service providers we engage to support or assist in performing our business activities including for example in connection with our products and services, such as to conduct know-your-customer due diligence (including identification verification, name screening and other checks), and client and transaction monitoring and payments and regulatory reporting, and to third parties for marketing activities or events;

(f) Insolvency practitioners in the event of insolvency / bankruptcy;

(g) Our own finance providers and insurers;

(h) Anyone who we are required or authorised to disclose such information to under applicable law or court order;

(i) With your consent, other entities.

9.2 The parties listed above may disclose your personal information to other parties under the terms of their own privacy policies or equivalent.

9.3 We, the third parties we use to hold your personal information and the third parties we disclose to, may hold or store your personal information overseas, including with a cloud service provider located overseas or who holds information overseas. We may also disclose personal information to third parties electronically.

10. How we hold your personal information

10.1 The security of your personal information is important to us. We take reasonable steps to protect any personal information we hold from misuse, unauthorised access or disclosure (including through our policies and systems), and also expect and take reasonable steps to ensure our third party service providers do so.

10.2 We may store your personal information in different forms. In circumstances where personal information will be sent, used or disclosed overseas, we will take reasonable steps to ensure such systems and third parties will reasonably protect any personal information we hold from misuse, unauthorised access or disclosure.

10.3 We may be required by law to retain certain personal information for minimum periods of time, such as under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). In most cases, personal information records are kept for a period of 7 years from their creation or 7 years after an account is closed or we have ceased to provide a financial product or service to you or your related party. Where permitted by law, we may take reasonable steps to destroy or de-identify the personal information when we are no longer required to retain it.

10.4 You should be aware that when you communicate over the internet, generally, such communications may not be fully secure and so information you send over the internet may not necessarily be secure during transmission.

11. Accessing and correcting your personal information

11.1 It is important that the information we hold about you is complete, correct and up to date so that we can properly carry out our business including providing our financial products and services. We may need to ask you to tell us of any changes to your personal information from time to time.

11.2 You may request access to your personal information we hold and that it is corrected if you consider it is not complete, correct or up to date. We will provide you with access to your personal information, except in limited circumstances set out by law. If we refuse a request for access or correction, we will provide you with a reason for the refusal. We will respond to your request for access or correction within 30 days. Where we cannot correct your personal information, we will take reasonable steps to associate a statement on our files to that personal information noting your comments.

12. Contact

12.1 If you have any questions or would like further information about our privacy and personal information handling practices, please contact us by:

(a) Email: compliance@navincigm.com; or

(b) Post: Level 10, 75 Pitt Street Sydney NSW 2000.

Unsubscribe

12.2 If we send you information about our financial products or services, and you do not want to receive these, you can request to be unsubscribed by contacting us via the contact details above.

Complaints

12.3 If you have a privacy complaint, please contact us to discuss your concerns.

12.4 To assist us in helping you, we ask you to do the following:

(a) Gather the supporting documents relating to the complaint;

(b) Contact us and we will review your situation. We will seek to resolve your complaint as soon as reasonably possible, and will write to you to explain our decision within 30 days of receiving your complaint;

(c) If the matter is not resolved to your satisfaction, please contact our Head of Legal and Compliance at compliance@navincigm.com.

12.1 If you are still not satisfied, you have the right to contact the Office of the Australian Information Commissioner (OAIC). You can contact the OAIC to make a query concerning your privacy rights, or to lodge a complaint with the OAIC about how we have handled your personal information. You can contact the OAIC’s hotline on 1300 363 992 or visit their website at www.oaic.gov.au. The OAIC has the power to investigate a complaint and make a determination.

13. Review

13.1 This policy is subject to regular review. Any changes to it will be notified via our website, with changes taking effect from the date of posting unless otherwise stated. Information that we hold will be managed under the current version of this policy from time to time.

13.2 This policy was last updated on 26 August 2024.