Disclaimer, Privacy, Complaints

Disclaimer

While care has been taken to ensure that all information on this website is up to date, neither Mainland Capital Investment Management Limited nor Mainland Capital Limited (together referred to as Mainland Capital) will be liable for any loss, damage, cost or expense that may arise from any reliance on this information.

This website is not designed for the purpose of providing personal financial or investment advice and is not a recommendation to invest in any investments, securities or financial products that may be offered by the Mainland Capital. Mainland Capital strongly recommends that you seek independent advice before acting on any information on this website.

The use of this website is to be governed by the laws of New Zealand. Any disputes arising shall be resolved by the exclusive jurisdiction of the Courts of New Zealand.

Privacy and Data Protection Officer 

Security of information is critical in maintaining the confidence and privacy of Mainland’s clients. Mainland promotes a culture in which personal information is protected and respected and has appointed Rebecca Sparrow as privacy and data protection officer.

What Is Personal Information?

“Personal Information” is any information about an investor or prospective investor that Mainland may collect from time to time. It includes information such as a person’s name, date of birth, address, contact numbers and email address, IRD number, copies of identity documents, bank statements and other financial information.

Purpose of Collection of Personal Information

Mainland collects Personal Information as part of providing investment management services and offering investment products to investors. This is necessary to comply with relevant legislation, including the Anti-Money Laundering and Countering Finance of Terrorism Act 2009. Mainland may sometimes collect Personal Information from third parties such as Cloudcheck and from publicly available sources such as the Companies Office, Property Guru and LinkedIn.

Consent to Collection and Use of Personal Information

Mainland obtains the consent of investors to the collection and use of Personal Information as part of the application process to invest in a fund managed by Mainland. Application Forms to invest in MCIM funds contain disclosures that are consistent with this Policy.

Who might we provide your Personal Information to? 

Mainland may provide Personal Information to third-party service providers, advisors or auditors. Before disclosing this information, Mainland ensures that appropriate confidentiality undertakings are in place. Mainland will not provide Personal Information held to any other third parties unless it is required to comply with any law or a request from a government body or regulator.

Storage and security of Personal Information 

Mainland takes care to store Personal Information securely and ensure that it is protected from misuse, unauthorised access or improper disclosure. This includes limiting physical access to investor files, having in place robust cyber security measures and destroying personal information in accordance with legislation. Staff who handle Personal Information are instructed to respect the confidentiality of the Personal Information and the privacy of the individuals. 

Mainland Security Measures

Security of information is critical to maintaining the confidence and privacy of investors. Mainland has a number of controls in place to ensure security of Personal Information, including anti-virus and firewall protection, password protection, backups of data and email filters to identify harmful links and attachments. 

Access to and Accuracy of personal information

Mainland takes care to maintain accurate records of all Personal Information held about investors. Investors have a right to access the Personal Information that Mainland holds about them. If there are changes to, or errors in, any Personal Information about an individual, the investor may contact Mainland at any time and request a correction. Usually Mainland will make the correction. If Mainland is unable to correct the Personal Information, the individual can to request that Mainland attaches to that Personal Information a statement of the correction requested but not made.

Unsolicited Communications

Mainland is mindful of compliance with the Unsolicited Electronic Messages Act 2007. Application forms for investments contain an acknowledgement by the investor that by providing an email address they consent to receiving electronic communications (including email) from Mainland about the Fund and additional services or other investments that may be of interest. Individuals who no longer wish to receive email marketing messages may contact Mainland at any time to request their removal from any Mainland email marketing list. 

Storage and Deletion of Personal Information

Mainland will not keep Personal Information for longer than is necessary for the purposes for which the information was collected. Mainland will take all practical steps to ensure that Personal Information will be deleted or destroyed if it has been more than five years (or such longer period of time if required by law) since an investor’s business relationship with Mainland has ceased.


Anti-Money Laundering and Countering of Terrorism Act 2009 (AML Legislation)

AML Legislation requires Mainland to keep records of investors’ identity and documents and findings relevant to the establishment of the business relationship, for at least 5 years after the end of that business relationship. AML legislation also provides that Mainland must take all practicable steps to ensure that every record it retains under AML Legislation, and every copy of that record, is destroyed as soon as practicable after that five-year period, unless there is a lawful reason to retain the record.

There is a lawful reason for retaining a record, if it is necessary to comply with the requirements of any other legislation, to enable Mainland to carry on its business or for the purposes of detection, investigation, or prosecution of any offence.    

Complaints

Mainland takes seriously any concerns about privacy and the records of Personal Information that we hold. Any complaint by an investor will be dealt with in accordance with Mainland’s complaints procedure.

Any misuse of Personal Information by an employee of Mainland will amount to misconduct and may be grounds for discipline or dismissal in accordance with Mainland’s Code of Conduct.

Procedure if Privacy Breach:

If Mainland discovers that any Personal Information that it holds has been improperly disclosed or unlawfully accessed (privacy breach), Mainland will do everything we can to minimise the harm to the people affected, by taking the following actions:


1. Contain the privacy breach and make a first assessment
2. Evaluate the privacy breach
3. Notify affected people if necessary
4. Take steps to prevent the privacy breach from happening again


Mainland will report any privacy breaches in accordance with New Zealand privacy legislation. If a privacy breach affects individuals who live in the European Union, this will be reported to the relevant privacy authority within 72 hours and, in some circumstances, reported to the affected individual.

Privacy and the Internet

Cookies

When you visit Mainland’s website, a small text file is placed on your browser – this is called a ‘cookie’. We use cookies to help you navigate the website efficiently, to perform certain functions, and to provide us with information about how this website is being used. We use cookies on your site where they are required for particular features to work – for example, if you are a user who is logged in, cookies will allow you to remain logged in while you complete certain tasks. 

Web analytics 

Mainland also uses tracking cookies with Google Analytics - a tool used to analyse non-identifiable web traffic data in order to improve Mainland’s services. This data is collected but cannot personally identify you.

To disable all cookies

You will be able to set some level of control over cookies in your browser settings. This includes deleting them from your browser or completely disabling them. Please be aware that disabling all cookies may affect your ability to use some of the features on your site. To learn more about cookies and how you can manage them in your web browser, visit www.allaboutcookies.org or www.aboutcookies.org