Terms & Conditions

Excel Investment Management Pty Ltd value the privacy and security of information about The Excel Fund’s clients and potential investors. The Excel Fund entities may collect and retain certain information in order to provide a variety of financial products and services to our customers, including investment management and financial advice. In this privacy policy, we describe how The Excel Fund collects, uses, and discloses information.

By visiting or using the websites operated by The Excel Fund that link to this privacy policy or otherwise providing information to The Excel Fund, you consent to the collection, processing, use, and disclosure of information about you as set out in this Policy, including transfers to third parties and other countries. Your use of our services and the Sites, and any dispute over privacy, is subject to this Policy and our Terms and Conditions of Use, including applicable limitations on damages and the resolution of disputes.

The information that we collect is controlled by Excel Investment Management Pty Ltd, which is headquartered at Level 1, 89-91 City Road, Southbank, VIC, 3006. As discussed below in the section titled “Cross-Border Transfer of Information,” information that we collect may be transferred to and processed in the United States, Canada, the European Union, Switzerland, Hong Kong, Japan, Singapore, or another jurisdiction outside your country of residence, which may have less stringent data protection laws than in your country of residence. To the extent permitted by law, we will not be responsible under the laws of your country of residence for the conduct of any parties to whom we disclose your personal information outside that country, and you may not be able to seek redress under those laws.

The Excel Fund may collect, process, use, and disclose both Personal Information and Other Information when we provide a service to you (including opening an account, engaging in a transaction, speaking with us on the telephone, providing us with your business card or registering to attend an event) or in connection with your use of the Sites. For purposes of this Policy, “Personal Information” is any information that alone or together with other information in Excel’s possession relates to an identified or identifiable person, such as name, phone number, e-mail address, financial account information, and online account information such as username and password. “Other Information” is any additional information that is not Personal Information. In this section, we describe our information-collection practices, including the types of Personal and Other Information that we collect. In subsequent sections of this Policy, we describe how we use and disclose Personal and Other Information.

We may combine the Personal and Other Information with information collected from or about you from third parties or in other contexts. This may include information collected online, such as through our e-mail exchanges with you; from publicly available sources, such as your company website if you are a financial adviser; from the registrar for our exchange-traded funds so that we can provide information about products or services that may be of benefit; or from offline sources, such as information that we collect when you establish your account with us or call customer service. We will treat such combined information in accordance with this Policy. If you do not wish to provide information to Excel, we may be unable to provide certain services to you.

Some personal information is collected, used, and disclosed pursuant to applicable laws including laws relating to identification verification, tax reporting and withholding, and money laundering (e.g. in Australia, the Anti-Money Laundering and Counter-Terrorism Financing Act, Taxation Administration Act, Corporations Act, Income Tax Assessment Act, and Privacy Act).