Eminence.com.au Terms and Conditions
This website is operated by and on behalf of Eminence Capital Management Pty Ltd ABN 83 162 103 791, or its related bodies corporate or associates (collectively referred to as “Eminence”, or “we”, “our” or “us”). Your access to this website is subject to these terms and conditions and by using this website you agree to be subject to these terms and conditions.
The information on this site is subject to change without notice at any time and you should contact Eminence before acting upon the material available on this site.
Access for persons within Australia only
The information on this website is directed and available to residents in Australia only, who are ‘wholesale clients’ under the Corporations Act, and may not be used for the purpose of, an offer or solicitation in any jurisdiction other than Australia or in circumstances in which such offer or solicitation is not authorised. No person in any jurisdiction other than Australia may treat it as constituting an invitation to them to apply for products or services described on this website. Information provided on this website is general in nature and does not constitute personal advice.
Any statements of opinion, recommendations or similar commentary are given by Eminence, and are general in nature only and do not take into account your particular investment objectives, financial situation or investment needs. You should assess whether the information on this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information available on this website. You can either make this assessment yourself or seek the assistance of any adviser.
Past performance is not indicative of future results.
Disclaimer and limitation of liability
We make no representation or warranty (expressly or implied) as to whether the content of this site is accurate, complete or up to date. We make no representation or warranty (expressly or implied) as to whether information on the website is not misleading or not likely to mislead and you should make your own enquiries to ascertain the accuracy of any information upon which you intend to rely on.
To the maximum extent permitted by law, Eminence will not be liable in any way for any loss or damage suffered by you through use or access to this website.
Investments carry risks, including possible delays in repayment of withdrawal proceeds and loss of income or principal invested. We do not guarantee the capital value or investment performance of any of our investments or any particular rate of return.
Copyright and trademarks
Eminence is either the owner or licensed user of the copyright in the material on this site. Except where necessary for viewing the information on this website on your browser, or as permitted under the Copyright Act 1968 (Cth), no part of this material on this website may be reproduced in any manner, and no further dissemination of it is permitted without the express written permission of Eminence.
Eminence Capital Management Pty Ltd ABN 83 162 103 791 (Eminence) recognises that maintaining the privacy of your personal information is important and is committed to protecting any personal information which it holds.
This policy is to be read in conjunction with the Terms and Conditions and any other terms and conditions applicable to the use of this site.
The information we collect
We will only collect information about you directly from you, whenever it is reasonable and practicable to do so.
We only collect personal information about you which is reasonably necessary to:
- provide you quality products or services;
- consider applications and approaches you make to us; and
- maintain your contact details.
We generally hold personal information relating to:
- the products and services we provide or have provided to you;
- your financial interests and in some cases your financial position; and
- your contact details.
Use and Disclosure of Personal Information
We only use and disclose personal information about you for the purpose for which it was disclosed to us or related purposes, which would be reasonably expected without your permission.
For example, we may from time to time use your personal information to inform you of investment opportunities or to provide information about products and services which we expect may be of interest to you. However, we do respect your right to ask us not to do this.
We may share personal information with related bodies corporate or associates of Eminence (which, together with Eminence, are referred to as the ‘Eminence Group’), and may disclose personal information outside the Eminence Group:
- to service providers in, or outside of, Australia who provide services in connection with products and services of the Eminence Group;
- to your nominated financial adviser or broker with your permission;
- to courts, tribunals and regulatory authorities (if required); and
- as authorised or required by law.
We do not sell your personal information and do not, without your consent, pass it on to third parties other than when specifically noted above.
We do not generally collect sensitive information, unless required by applicable laws or rules.
Sensitive information includes a person’s racial or ethnic origin, membership of political bodies, religions or trade unions, sexual preferences or activities, criminal record, state of health and medical history.
We will only use and disclose sensitive information for the purposes for which it was provided, unless you agree otherwise or the use or disclosure of this information is allowed by law. Documents asking for sensitive information will explain this.
We have appropriate security measures in place to protect against the loss, misuse or alteration of your personal information. Access to and use of personal information within Eminence is appropriately limited to prevent misuse or unlawful disclosure of the information.
In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.
We take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for any purpose for which the information may be used or disclosed.
Access to your Personal Information
We will provide you with access to the information that we hold about you, if you so request. The Commonwealth Privacy Act does set out exceptions to this.
We may charge a fee for providing you with your personal information. However, we will advise of the likely cost in advance.
How do we keep personal information accurate and up-to-date?
We will endeavour to take all reasonable steps to keep any information that we hold about you accurate and up to date. We realise that this information changes frequently with changes of address and other personal circumstances. We can generally update your customer information over the telephone.
If, at any time, you discover that information held about you is incorrect or if you otherwise wish to review or correct that information, please contact us.
We may use session specific cookies or web bugs to obtain non-personal information regarding your use of this website including IP address and session number. This data will be collected primarily for the purposes of administering or compiling demographic information, and of monitoring usage and performance of this site. We may also use such cookies to facilitate your movement within this website (for example by remembering passwords during the session and recording any country of residency selection you may have made).
For more information about privacy issues in Australia and protecting your privacy, visit the Office of the Australian Information Commissioner website at www.privacy.gov.au.
Eminence Capital Management Pty Ltd
2 Bulletin Place
Sydney NSW 2000
Tel: +61 2 9202 3007