Privacy Policy

Introduction

In the course of Waypoint REIT Limited’s business in Australia, there may be circumstances where Waypoint REIT Limited (ACN 612 986 517) and its related bodies corporate (including VER Limited (ACN 609 868 000), the responsible entity of the Waypoint REIT Trust), (collectively, Waypoint REIT) collects personal information and the Waypoint REIT Privacy Policy has been developed to ensure that such information is handled appropriately.

Waypoint REIT is committed to complying with the Privacy Act 1988 in relation to all personal information it collects. This commitment is demonstrated in this Policy. The Privacy Act incorporates the Australian Privacy Principles, and personal information held by Waypoint REIT will be treated in accordance with those Principles.

This Policy sets out the broad controls which Waypoint REIT has adopted to govern the way it collects and uses personal information, the circumstances in which it might disclose personal information to third parties, how persons can access their personal information held by Waypoint REIT and what they can do if they are unhappy with Waypoint REIT’s treatment of their personal information.

We may make changes to this Privacy Policy from time to time without notice, via the uploading of an updated version of the Privacy Policy on waypointreit.com.au/investors/?page=privacy-policy.

Who does the Waypoint REIT Privacy Policy apply to?

This Policy applies to any individuals in respect of whom Waypoint REIT currently holds, or may in the future collect, personal information.

What information does the Waypoint REIT Privacy Policy apply to?

This Policy applies to personal information. “Personal information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.

In this Policy there are also references to “sensitive information”. “Sensitive information” is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, or health, genetic or bio-metric information. Sensitive information is a subset of personal information.

What information is not personal information?

Information where Waypoint REIT has removed any reference to a person, so that the person cannot be reasonably identifiable from the information, is not personal information.

How and when does Waypoint REIT collect personal information?

Waypoint REIT collects personal information in a variety of ways in the course of conducting its businesses, including:

  • interacting with people via our website, for example, to register to receive email alerts;
  • direct communication including email, letters and over the phone (e.g. to lodge a complaint);
  • engaging suppliers, contractors and other personnel, including Link Market Services who provide registry, investor communications and related services for Waypoint REIT; and
  • responding to questions regarding our business.
 

The kinds of personal information collected and held by Waypoint REIT include (depending on the circumstances) names, addresses and other contact details.

Where reasonable and practicable, Waypoint REIT will collect personal information directly from the person and inform the person that this is being done.

However in some circumstances, it is necessary for Waypoint REIT to collect personal information through third party service providers or agents, from a source of publicly available information or from an employer (e.g. where a contractor provides personal information about its staff or via our share registry provider, Link Market Services).

At or soon after the time when Waypoint REIT collects personal information, Waypoint REIT will take reasonable steps to ensure that the person is aware of which Waypoint REIT company has undertaken the collection, the purpose(s) of the collection, the main consequences (if any) if the information is not collected, the types of organisation (if any) to which the information may be disclosed (including those located overseas), any law that required the particular information to be collected, and the fact that this Privacy Policy contains details on access, correction and complaints.

Personal information collected by Waypoint REIT is held in a variety of formats, including hard copy format and on our computer systems.

If Waypoint REIT receives personal information that Waypoint REIT has not requested (unsolicited information) and Waypoint REIT determines that Waypoint REIT could not have collected that information under the Australian Privacy Principles if Waypoint REIT had requested it, then Waypoint REIT will destroy or de-identify the information if it is lawful and reasonable to do so.

Where practicable, you may deal with Waypoint REIT anonymously or by pseudonym.

Collection of sensitive information

Waypoint REIT will not collect sensitive information unless the person to whom it relates consents to the collection and the information is reasonably necessary for one or more of Waypoint REIT’s functions or activities, except where the collection is required or authorised by law, is necessary to prevent or lessen a serious and imminent threat to the person’s (or another person’s) life or health or is necessary in relation to legal proceedings (current, anticipated or potential), or another permitted exception in the Privacy Act applies.

How does Waypoint REIT use personal information?

The use to which we can put personal information depends on the reason for which it was collected.

Waypoint REIT may use personal information for its primary purpose of collection (examples include the delivery of email alerts, resolution of a complaint or management of our property portfolio) or for any related secondary purpose that we could reasonably be expected to use the personal information for.

Disclosure of personal information

Waypoint REIT respects the privacy of personal information and we will take reasonable steps to keep it strictly confidential.

Waypoint REIT will disclose personal information to third parties if it is necessary for the primary purpose of collecting the information, or for a related secondary purpose, if the disclosure could be reasonably expected. Where such a disclosure is necessary, Waypoint REIT will require that the third party undertake to treat the personal information in accordance with the Australian Privacy Principles.

Waypoint REIT will only disclose personal information to third parties without the consent of the person to whom it relates if the disclosure is:

  1. necessary to protect or enforce Waypoint REIT’s legal rights or interests or to defend any claims;
  2. necessary to prevent or lessen a serious threat to a person’s health or safety;
  3. required or authorised by law; or
  4. permitted by another exception in the Privacy Act.
 

Under no circumstances will Waypoint REIT sell personal information without the consent of the person to whom it relates.

An individual Waypoint REIT company may disclose personal information to a related Waypoint REIT company, subject to the provisions of the Privacy Act. In such circumstances, the related company entity will only use the personal information for the same purposes that the disclosing Waypoint REIT company is authorised to use the personal information for.

VER Manager Pty Ltd ACN 613 163 385 (VER Manager)

In accordance with the principles set out in this Policy, as part of its normal operations Waypoint REIT transfers personal information to VER Manager.

VER Manager manages Waypoint REIT on a day-to-day basis and provides strategic, operational and administrative services to Waypoint REIT under the management agreement between the parties and described in the Prospectus and Product Disclosure Statement dated 22 July 2016.

VER Manager is a wholly owned subsidiary of Viva Energy Group Limited and as such the privacy policy of Viva Energy Group applies to VER Manager in carrying out its functions. The privacy policy for Viva Energy Group can be accessed on its website www.vivaenergy.com.auOpens in new window . Under the Viva Energy Group privacy policy it is noted personal information may be transferred to associated entities and third parties located in a range of countries in which Viva Energy Group or its contractors operate, including the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America.

Information Security

Waypoint REIT will take all reasonable steps to ensure that all personal information held by Waypoint REIT is secure from any unauthorised access or disclosure. However, Waypoint REIT does not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.

Waypoint REIT will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which Waypoint REIT is authorised to use it.

Accessing personal information

A person may request to access personal information about them held by Waypoint REIT. Such a request must be made in writing to the address set out in “Contact Waypoint REIT” below.

Waypoint REIT will grant a person access to their personal information as soon as possible, subject to the circumstances of the request.

A request to access personal information will be rejected if:

  1. the request is frivolous or vexatious;
  2. providing access would have an unreasonable impact on the privacy of another person;
  3. providing access would pose a serious and imminent threat to the life or health of any person;
  4. providing access would prejudice Waypoint REIT’s legal rights; or
  5. there are other legal grounds to deny the request.
 

Waypoint REIT may charge a fee for reasonable costs incurred in giving access to an individual’s personal information. The fee (if any) will be disclosed prior to it being levied.

Correcting personal information

Waypoint REIT will take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However, if a person believes that any personal information that we hold about them is inaccurate or out of date, then they should contact Waypoint REIT in writing at the address below.

Complaints

If a person wishes to complain about a breach by Waypoint REIT of the Waypoint REIT Privacy Policy, the Australian Privacy Principles, or a registered APP Code which binds Waypoint REIT (if any), a complaint may be lodged in writing by post or by email to the address set out in “Contact Waypoint REIT” below.

Waypoint REIT deals with complaints via our internal complaint handling process, under which a Waypoint REIT privacy officer will respond to you within a reasonable timeframe. Waypoint REIT takes all complaints seriously and any further action after our initial response to you will vary depending on the nature of your complaint.

If you do not receive a satisfactory outcome, you can contact the Australian Financial Complaints Authority or ‘AFCA’, of which Waypoint REIT is a member or the Office of the Australian Information Commissioner.

Use of Cookies

We use the term “cookies” to refer to cookies and other similar technologies covered by the EU Directive on privacy in electronic communications.

  • What is a cookie? Cookies are small data files that your browser places on your computer or device to help websites to remember things that a browser/user had done such as which buttons were clicked. This may include information such as your devices’ Internet Protocol. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. When a server uses a web browser to read cookies they can help a website deliver a more user-friendly service. To protect your privacy, your browser only gives a website access to the cookies it has already sent to you.
  • Why do we use cookies? We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting our website. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the website. Cookies also allow you to rate pages and fill in comment forms. Some of the cookies we use are session cookies and only last until you close your browser, others are persistent cookies which are stored on your computer for longer.
  • How are third party cookies used? For some of the functions within our websites we use third party suppliers, for example, links to Link Market Services, our share registry service provider. These links (and any other content from third party suppliers) may contain third party cookies and you may wish to consult the policies of these third party websites for information regarding their use of cookies.
  • How do I reject and delete cookies? We will not use cookies to collect personally identifiable information about you. However, should you wish to do so, you can choose to reject or block the cookies set by Waypoint REIT or the websites of any third party suppliers by changing your browser settings – see the Help function within your browser for further details. Please note that most browsers automatically accept cookies so if you do not wish cookies to be used you may need to actively delete or block the cookies.
 

You can also visit www.allaboutcookies.orgOpens in new window for details on how to delete or reject cookies and for further information on cookies generally. For information on the use of cookies in mobile phone browsers and for details on how to reject or delete such cookies, please refer to your handset manual.

Note, however, that if you reject the use of cookies you will still be able to visit our websites but some of the functions may not work correctly.

Contact Waypoint REIT

If there are any questions regarding the Waypoint REIT Privacy Policy or the way that Waypoint REIT manages personal information or if there are any concerns about Waypoint REIT’s treatment of personal information, then Waypoint REIT may be contacted by post, telephone or email:

Waypoint REIT Privacy Officer
Level 15, 720 Bourke Street
Docklands VIC 3008, Australia
Telephone: +61 3 908 18433
Email: Tina.Mitas@waypointreit.com.au