Windmill Capital Pty Ltd (ACN 665 461 987) ("Windmill Capital", "we", "us", "our") is committed to protecting the privacy of the personal information we collect and handle. This Privacy Policy explains how we collect, use, hold, disclose and protect personal information in accordance with the Privacy Act 1988 (Cth) (the "Privacy Act") and the Australian Privacy Principles (the "APPs").
Because our work involves arranging and advising on finance, this Policy also covers credit-related information, that is, personal information collected in connection with a credit application or a credit facility (referred to below as "credit information").
This Policy applies to information we collect from our clients, prospective clients, the principals, directors, guarantors and representatives of corporate clients, our funding and referral partners, website visitors, and other individuals we deal with in the course of our business.
Our relationship with Loan Market Group (LMG)
Windmill Capital operates within the Loan Market Group (LMG) aggregator network, and Bradley Duff is a credit representative authorised under LMG Broker Services Pty Ltd (ACN 632 405 504, Australian Credit Licence 517192). In the course of arranging finance, we use LMG's systems, including its customer relationship management platform (MyCRM), and we disclose personal information to LMG and its related entities. LMG handles that information in accordance with its own privacy policy, which we encourage you to read:
Where there is any inconsistency between this Policy and LMG's policy in respect of information handled through LMG's systems, LMG's policy governs that handling.
What personal information do we collect?
The personal information we collect depends on the nature of the engagement. It may include:
- Identity and contact details: name, postal and email address, telephone numbers, date of birth, and (where required for verification) identification documents;
- Professional and corporate details: your company, role, and the entities you act for or through;
- Financial and credit information: information necessary to assess and arrange finance, which may include asset and liability positions, income, tax file numbers, financial statements, banking details, and the credit history or credit standing of borrowing entities and their principals or guarantors;
- Transaction and project information: project, development, valuation, feasibility, lease and security details relevant to a proposed or existing facility; and
- Other information we reasonably need to provide our services or that you choose to give us.
We collect sensitive information (such as certain financial or identity-verification details) only where it is reasonably necessary for our services and, where required, with your consent.
How do we collect personal information?
We collect personal information by lawful and fair means, including:
- directly from you: in person, by email, by telephone, through our website enquiry and booking forms, or through documents you provide;
- from third parties: such as your advisers, accountants, brokers, or the entities you act for, and (with appropriate authority) from lenders, valuers, credit reporting bodies and other service providers involved in a transaction; and
- from publicly available sources: such as company registers and professional directories.
Where it is reasonable and practicable, we will collect personal information about you directly from you.
Why do we collect and use personal information?
We collect, hold and use personal information to:
- assess your finance requirements and arrange, structure and advise on credit, debt and equity solutions;
- liaise with funders, lenders, investors and other counterparties on your behalf in connection with a mandate;
- verify identity and meet our legal, regulatory and anti-money-laundering obligations;
- administer and manage our ongoing relationship with you, including invoicing, record-keeping and client servicing;
- provide you with information, updates, market commentary and materials we think will be of interest; and
- improve our services and resolve any issues or complaints.
We will only use or disclose your personal information for the purposes for which it was collected, for a related purpose you would reasonably expect, or as otherwise permitted by law.
Who do we disclose personal information to?
We do not sell, rent or trade your personal information.
In the course of arranging and advising on finance, we may disclose your personal information to:
- funders and lenders: banks, non-bank lenders, private credit funds, institutional and wholesale funds, family offices and other capital providers on our (and LMG's) panel, where you have asked us to source or arrange finance;
- Loan Market Group (LMG) and its related entities: our aggregator, including through the MyCRM platform, for administration, compliance, supervision and the services LMG provides to us;
- credit reporting bodies, identity-verification providers and background-check providers: where required to verify identity, assess an application, or meet our legal obligations;
- professional advisers and service providers: valuers, quantity surveyors, solicitors, accountants, and IT, data-storage and administrative service providers who assist us in delivering our services;
- other parties to a transaction: where reasonably required to progress your mandate;
- regulators and law enforcement: including where we are required to disclose under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth); and
- others as required or authorised by law, or in connection with a corporate sale, merger or reorganisation.
We disclose personal information only to the extent reasonably necessary and take reasonable steps to ensure recipients protect it appropriately.
Disclosure of information overseas
Although we are based in Australia and deal with Australian clients, some personal information we handle may be stored or accessed outside Australia. In particular, information entered into our aggregator's systems (including the MyCRM platform) and information held by LMG's and our service providers may be stored on, or accessed from, servers located overseas. Through these arrangements, your personal information may be disclosed to or accessed from countries including India, the European Union, the United States, New Zealand and the Philippines. Where we disclose personal information to an overseas recipient, we take reasonable steps to ensure it is handled consistently with the APPs.
What if you don't provide information?
If you choose not to provide the personal information we request, we may be unable to assess your requirements, source or arrange suitable finance, verify your identity, meet our regulatory obligations, or otherwise provide our services to you.
Government identifiers
Where we collect government identifiers such as your tax file number, we use and disclose them only as required or authorised by law. We do not use a government identifier as our own means of identifying you.
How do we hold and protect your information?
We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure. These steps include physical, technical and administrative safeguards over our systems, premises and records. We retain personal information only for as long as is reasonably necessary for the purposes for which it was collected, or to meet legal, regulatory and record-retention requirements, after which we take reasonable steps to destroy or de-identify it.
Data breaches
We maintain procedures to identify and respond to data breaches. Where a breach is likely to result in serious harm to affected individuals, we will notify those individuals and the Office of the Australian Information Commissioner (OAIC) in accordance with the Notifiable Data Breaches scheme under the Privacy Act.
Direct marketing and your choices
We may send you market commentary, updates and information about our services, by email or other means. You can opt out of these communications at any time by using the unsubscribe facility in the communication or by contacting us at info@windmillcapital.com.au. We will action your request as soon as reasonably practicable.
Our website
When you visit our website or use our enquiry and booking tools, we may collect limited information such as the details you submit through forms and standard analytics data (for example, your IP address, browser type and pages visited). We use Google Analytics to help us understand how visitors use our website; Google handles that data in accordance with its own privacy policy (policies.google.com/privacy) and may process it on servers outside Australia, including in the United States. We use this information to operate and improve our website and to respond to your enquiries. Our website may use cookies; you can manage cookies through your browser settings.
Accessing and correcting your information
You may request access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date, incomplete or misleading. Please make your request in writing to info@windmillcapital.com.au with enough detail to allow us to identify the information. We do not charge for making a request, and we will respond within a reasonable period. In limited circumstances permitted by law we may decline a request, in which case we will give you reasons.
Making a complaint
If you have a concern about how we have handled your personal information, please contact us using the details below. We take complaints seriously and aim to acknowledge your complaint promptly and resolve it as quickly as possible.
If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner:
Changes to this Policy
We may update this Policy from time to time. The current version will be available on our website, and the date above shows when it was last updated.
Contact us
Windmill Capital Pty Ltd (ABN 31 665 461 987)
Email: info@windmillcapital.com.au
Location: Sydney, NSW