Privacy Policy
About this policy
Crossgate Capital Limited (“Crossgate Capital”, “we”, “us” or “our”) respects your privacy and is committed to protecting your personal information. This policy explains how we collect, use, store, share and protect personal information in accordance with the Privacy Act 2020 and its Information Privacy Principles.
This policy applies to investors and prospective investors, visitors to our website, people who subscribe to our updates, and anyone else who contacts us. Personal information means information about an identifiable individual.
Who we are
Crossgate Capital is a New Zealand company and a registered financial service provider (FSP649949). Our shares are offered under a Product Disclosure Statement available on the Disclose Register (OFR12554).
We have appointed a Privacy Officer who is responsible for our compliance with this policy and the Privacy Act 2020. Their contact details are set out at the end of this policy.
What personal information we collect
The personal information we collect depends on how you interact with us. If you invest or apply to invest, we will usually collect your full name, date of birth, residential and postal address, email address and phone number, together with identity documents such as your passport or driver licence. We also collect your IRD number, tax residency status and resident withholding tax rate, your bank account details for payments, and details of your shareholding and transactions with us. Where you invest through a trust, company or other entity, we collect similar information about the entity and its relevant individuals, such as trustees, directors and beneficial owners.
To meet our legal obligations, we may also need to collect information about the source of your funds or wealth.
If you visit our website, subscribe to updates or contact us, we may collect your name and contact details, the content of your enquiries, and technical information such as your IP address, browser type, device information, approximate location and how you use our website.
You do not have to provide your personal information. However, if you do not provide information we need, for example to verify your identity, we may be unable to accept your investment or provide our services.
How we collect your personal information
We collect most personal information directly from you, for example when you complete an application form, use the Investor Portal, subscribe to our updates, use our website or contact us.
We may also collect personal information about you from other sources, including our share registry provider, MUFG Pension & Market Services; your financial adviser, broker or other authorised representative; USX-registered brokers; electronic identity verification providers; and publicly available sources. Where we collect personal information from someone other than you, we will take reasonable steps to make sure you are aware of the matters set out in this policy, as required by Information Privacy Principle 3A, unless an exception under the Privacy Act 2020 applies.
How we use your personal information
We use personal information to process applications and manage your investment, to maintain the share register, and to pay distributions and process buy-backs, share transfers and other transactions. We also use it to send you statements, tax certificates, reports and other communications about your investment, electronic direct marketing and to respond to enquiries and complaints.
We also use personal information to verify your identity and meet our legal and regulatory obligations, including under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, the Financial Markets Conduct Act 2013, the Companies Act 1993 and tax legislation. In addition, we use it to operate, secure and improve our website and services, to prevent fraud, and, where permitted, to send you marketing communications.
We will only use your personal information for the purposes for which it was collected, for directly related purposes, or as otherwise permitted or required by law.
Anti-money laundering and identity verification
As a financial services provider, we are required under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 to verify the identity of investors and, in some cases, the source of their funds or wealth. We may use electronic identity verification services to do this, which may involve checking your details against government and other databases. We may also be required to report certain transactions or activities to the New Zealand Police Financial Intelligence Unit, and we may not be permitted to tell you that a report has been made.
Tax and regulatory reporting
We collect your IRD number and tax residency information so that we can apply the correct tax treatment to any distributions and meet our reporting obligations to Inland Revenue. If you are, or may be, a tax resident of another country, we may be required to report information about you and your investment to Inland Revenue, which may share it with overseas tax authorities under international agreements such as the Foreign Account Tax Compliance Act (FATCA) and the Common Reporting Standard (CRS).
Who we share your personal information with
We may share your personal information with people and organisations who help us provide our services or with whom we are required to share it. These include our share registry provider, MUFG Pension & Market Services; our professional advisers, such as auditors, lawyers and accountants; IT, website, email, identity verification and other service providers; your financial adviser, broker or authorised representative, where you have asked us to or authorised them; and USX and USX-registered brokers in connection with share trading.
We may also share your personal information with regulators and government agencies, such as the Financial Markets Authority, Inland Revenue, the Department of Internal Affairs, the New Zealand Police and the Companies Office, where required or permitted by law.
Other circumstances in which we may share it include our dispute resolution scheme, Financial Services Complaints Limited, if you make a complaint; any person where you have consented; and any person where disclosure is otherwise required or permitted by law.
We require our service providers to protect your personal information and use it only for the purposes for which we provide it. We do not sell your personal information, and we will not share it with third parties for their own marketing purposes.
Our share register
As a New Zealand company, we must keep a share register under the Companies Act 1993. The register records shareholders’ names, addresses and shareholdings, and certain people are entitled by law to inspect it. Our share register is maintained by MUFG Pension & Market Services on our behalf.
Storage, security and overseas disclosure
Your personal information is held by us and by our service providers, including our share registry provider, in secure electronic systems. We take reasonable steps to protect personal information against loss, unauthorised access, use, modification and disclosure, and other misuse. These include access controls, secure systems and staff confidentiality obligations. However, no method of transmitting or storing information electronically is completely secure, and we cannot guarantee the security of information sent to us over the internet.
Some of our service providers, such as cloud storage, website hosting and email providers, may store or process personal information outside New Zealand. Where we disclose personal information to an overseas recipient, we will do so only in accordance with Information Privacy Principle 12, which requires us to take reasonable steps to ensure the recipient is subject to privacy safeguards comparable to those in the Privacy Act 2020.
How long we keep your personal information
We keep personal information only for as long as we need it for the purposes for which it was collected, or as required by law. For example, we are generally required to keep identity verification and transaction records for at least five years under anti-money laundering legislation, and to keep certain financial and tax records for at least seven years. When personal information is no longer needed, we take reasonable steps to destroy it securely or de-identify it.
Marketing communications
With your consent, we may send you newsletters, investor updates and information about our products and services. In line with the Unsolicited Electronic Messages Act 2007, every marketing email we send will identify us and include a working unsubscribe option. You can opt out of marketing communications at any time by using the unsubscribe link or contacting us.
Even if you opt out of marketing, we will continue to send you communications we are required to provide about your investment, such as statements, tax certificates, notices of meeting and other shareholder communications.
Cookies and website analytics
Our website uses cookies, which are small files stored on your device that help our website work and help us understand how it is used. We use essential cookies that are needed for the website to function and remain secure. With your consent where required, we also use analytics cookies and similar technologies to understand how visitors use our website, and advertising and remarketing cookies to measure the effectiveness of our advertising and show relevant advertisements on other websites.
We currently use the following third-party tools, such as but not limited to: [Google Analytics, Google Ads, Meta Pixel, Wix analytics]. These providers may collect information about your use of our website and other websites in accordance with their own privacy policies. You can find information about how Google uses this information at policies.google.com/technologies/partner-sites.
You can manage or disable cookies through your browser settings, opt out of personalised advertising through Google’s Ad Settings, and opt out of Google Analytics using the Google Analytics opt-out browser add-on. Disabling some cookies may affect how our website works.
Links to other websites
Our website may contain links to other websites, such as the Disclose Register, USX, BitGo or our share registry provider. We are not responsible for the privacy practices of those websites, and we encourage you to read their privacy policies.
Accessing and correcting your personal information
You have the right to ask for access to the personal information we hold about you and to ask us to correct it if you believe it is inaccurate, out of date, incomplete or misleading. To make a request, please contact our Privacy Officer. We will need to verify your identity before releasing or changing any information, and we will respond as soon as reasonably practicable and in any case within 20 working days. We will not usually charge for an access request. If we decline a request, we will tell you why, subject to any legal restrictions.
You can also update many of your details directly through the Investor Portal or by contacting MUFG Pension & Market Services.
Privacy breaches
If a privacy breach occurs that has caused, or is likely to cause, serious harm, we will notify the Office of the Privacy Commissioner and affected individuals as soon as practicable, as required by the Privacy Act 2020.
Questions and complaints
If you have a question or concern about how we handle your personal information, please contact our Privacy Officer. We will acknowledge your complaint within two working days and aim to respond within 20 working days.
If you are not satisfied with our response, you can make a complaint to the Office of the Privacy Commissioner by phone on 0800 803 909 or through www.privacy.org.nz. For complaints about our financial services more generally, you can also contact our external dispute resolution scheme, Financial Services Complaints Limited, on 0800 347 257 or at www.fscl.org.nz.
Changes to this policy
We may update this policy from time to time to reflect changes in the law, our services or our practices. The current version will always be available on our website, and the date at the top shows when it was last updated. Where changes are significant, we will take reasonable steps to let you know.
Contact us
Privacy Officer
Crossgate Capital Limited
Email: info@crossgatecapital.co.nz
Freephone: 0800 378 489
Post: PO Box 91211 Victoria Street West Auckland 1142