Last updated: August 2025
This Privacy Notice is issued by Apex Investment Administration (NZ) Limited (1177738) and Investment Custodial Services Limited (together “Apex NZ”).
1. Who are Apex NZ?
Apex NZ provides a single-source solution to deliver an extensive range of services across the full value chain, to asset managers, capital markets, corporates, private equity, and superannuation funds (collectively the “Services”).
Apex NZ are wholly owned subsidiaries of Apex Group Limited (Apex NZ and other subsidiaries of Apex Group Limited together “Apex Group”). For more information on Apex Group please visit www.apexgroup.com
2. What is this Privacy Notice?
During the normal course of business and to deliver the services, Apex NZ collects from various individuals (“Data Subjects”), Personal Information from which the relevant Data Subject(s) can be indirectly or directly identified (“Personal Information”).
Apex NZ is wholeheartedly committed to safeguarding the Personal Information, the privacy of Data Subjects and in satisfying certain obligations Apex NZ has under the Privacy Act 2020 (the “Act”). This Policy is intended to provide notice to relevant Data Subjects of how Apex NZ use, collect and safeguard Personal Information and other information in connection with the services.
3. Availability of Privacy Notice
This Privacy Notice is publicly available on the Apex Group website at Privacy Notice. A copy of the Privacy Notice may also be requested, free of charge, and will be issued within three days of the request.
To request a copy of the Privacy Notice you should refer to the contact details in section 13 below.
4. What Personal Information do we collect?
Depending on the Services being provided, Apex NZ may collect, hold, and otherwise process the following Personal Information in electronic and/or hard copy written form:
- Contact details (including names, relevant correspondence and postal addresses, email addresses and telephone numbers);
- Information to meet legal and regulatory requirements including in particular “know your client” due diligence information on individuals to meet anti-money laundering legislation, sources of wealth and source of funds;
- Copies of any individual’s legal and/or tax advice and/or personal tax classification details and unique identifiers as may be provided to us, to enable us to provide our Services;
- Bank account details or other payment or financial information provided to us;
- Transaction history with Apex NZ;
- Providing alerts, newsletters, education materials or other marketing information;
- Designing and conducting surveys/questionnaires for client profiling/segmentation, statistical analysis, improving and furthering the provision of our products and services you requested or signed up to;
- User profile data such as username and password for our online services we provide, investments made by you, services requested, marketing communications responded to; and
- Records of any correspondence received by us, or file notes of any telephone call you may have with us.
5. How do we collect your Personal Information?
Personal Information collected may be received directly from the individual in question or be received from a third party. For example, Apex NZ may receive Personal Information from an investor, client, or their advisers. Certain information may from time to time also be received from other parts of Apex Group to the extent services are also being provided from Apex offices outside of New Zealand.
6. Why do we collect your Personal Information?
Principally, Apex NZ collects and otherwise processes Personal Information for Data Subjects in the fulfilment of and provision of the Services or to carry out marketing activities. Certain Personal Information is required to be collected because Apex NZ is required to do so by law and regulations (for example to meet anti-money laundering requirements, tax exchange information requirements and other statutory/ regulatory obligations).
Separately from the above, Apex NZ may also collect Personal Information as a result of general or specific instructions from clients (to whom we directly provide investment administration, custody and/ or other services), for example where the collection and holding of such Personal Information is necessary or otherwise consequential to the ongoing administration of its client entities or as a result of some transaction which requires it.
7. How we use your Personal Information?
We will use the information we hold about you for the following purposes:
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Where necessary for Apex NZ to comply with a legal obligation |
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Where Apex NZ has a legitimate interest in using such information |
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Where you have consented to holding such information |
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8. Who we share Personal Information with?
We will only disclose your Personal Information in accordance with applicable laws and regulations. We will disclose your Personal Information to the following third parties:
- To a client entity in which you have a direct or indirect interest and/or such client subsidiaries, holding company and or other associated counterparties of such client entity where such disclosure is necessary for us to perform our services, or we are otherwise required to share such Personal Information with such people;
- A financial services regulator (such as the Financial Markets Authority - Te Mana Tātai Hokohoko), a privacy law regulator (such as the Office of the Privacy Commissioner), the police or other related authority that may require disclosure on legal grounds, or other relevant government departments where reasonably necessary for financial crime and sanction compliance purposes;
- Service providers are engaged by us to help us run our business and perform the services. Such service providers may include, for example, software providers, mail houses, cloud storage providers, or other storage facilities for our business data and your Personal Information);
- Any member of Apex NZ, and where applicable any other member of Apex Group, who is involved in (or expected to be involved in) the provision of services to our clients;
- Your legal representative, your financial advisor, or an individual to whom you have authorised us to share your Personal Information; and
- Identity and verification agencies.
9. How we share Personal Information outside New Zealand
Some of these third parties (including certain Apex Group subsidiaries and service providers) may be located outside may be outside of country where the information was collected or you reside. We will ensure that prior to any such transfer outside of your country that adequate safeguards are contractually in place to ensure that your information is held securely and in accordance with data protection obligations and this Privacy Notice. Such steps may include entering into a data processing agreement requiring the recipient to protect the personal data with adequate safeguards, such as the European Commission’s Standard Contractual Clauses wherever the receiving party is located outside the EEA. Transfers within the Apex Group will be covered by an agreement entered into by members of the Apex Group (an intra-group agreement) which contractually obliges each member to ensure that your personal data receives an adequate and consistent level of protection wherever it is transferred within the Group.
10. How do we keep your Personal Information secure?
Apex NZ takes information security very seriously and therefore takes appropriate measures to protect such information from unauthorised theft, damage, or access. Apex Group has an information and cyber security policy which outlines the measures which will be taken to safeguard the availability, integrity and security of data. Our security controls are aligned to industry standards and good practice; providing a control environment that effectively manages risks to the confidentiality, integrity and availability of your information.
11. How long will we store your Personal Information for?
We generally expect to hold Personal Information on our systems for as long is necessary to provide the services and ordinarily for a minimum 7 years after the termination thereof, in order to allow us to refer to your Personal information in correspondence with you, or in connection with any ongoing or subsequent relevant matters (e.g. legal or regulatory proceedings).
When it is no longer required, we will take steps to delete, destroy, or anonymise your Personal Information. Where we can anonymise your Personal Information so that it can no longer be associated with you, we may retain that Personal Information indefinitely without giving notice to you.
12. Your rights
Depending on the data protection laws that apply to our processing of your personal information you may have the following rights in relation to how we use your Personal Information. If you would like to exercise these rights, please contact us using the contact details listed at section 14.
Right to lodge a complaint – You have a right to lodge a complaint to us at any time if you object to the way in which we have used or managed your Personal Information. Where you are dissatisfied with our response, you also have the right to escalate your complaint to the Office of the Privacy Commissioner (the “OPC”) if you object to the way in which we use your Personal Information. More information can be found on the OPC’s website: https://www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/
Right to know when and why your information is being collected – You have the right to know when your personal information is collected and how it will be used. The information collected must be for a specific, legitimate purpose.
Right to understand how Personal Information is used and shared appropriately -
We can only use your information for the reason we have collected it. Your information won’t be shared except as described above and in certain circumstances which are outlined in the Act. Apex NZ has safeguards in place to keep your information secure and protect it from loss, misuse, or unauthorised access.
Right of access – You have the right to know if we are using your Personal Information and, if so, the right to access it and information about how we are using it. There will not usually be a charge for dealing with these requests. Your Personal Information will usually be provided to you in writing, unless otherwise requested. Where you have made the request by electronic means the information will be provided to you by electronic means where possible.
Right of rectification – We take reasonable steps to ensure that the Personal Information we hold about you is accurate and complete. However, if you do not believe this is the case you have the right to request us to rectify any errors in the Personal Information we hold about you.
Right to restrict processing - in some circumstances under the Act you have a right to restrict processing of your Personal Information. For example, if the information we hold is incorrect, you can request a restriction on use until such time as it is rectified.
Right to object to direct marketing - You can ask us to stop sending you marketing messages at any time. Please see below instructions on how you can do this.
Right to withdraw consent - For certain limited uses of your Personal Information, we may ask for your consent. Where we do this, you have the right to withdraw your consent to further use of your Personal Information. If you withdraw your consent, we may not be able to provide certain products and services to you. If this is the case, we’ll tell you at the time you ask to withdraw your consent.
You can make any of the requests set out above using the contact details in paragraph 14. Please note that in some cases we may not be able to comply with your request for reasons such as our own obligations to comply with other legal or regulatory requirements. We will always respond to any request you make and if we can't comply with your request, we will tell you why.
Marketing - We respect your privacy and to the extent we carry out any direct marketing activities we will carry these out in accordance with applicable laws and guidance.
We may contact you with marketing information by post or by telephone or with targeted advertising delivered online through social media and platforms operated by other companies, unless and until you object.
If you are a corporate entity and have engaged us for Services, we may also contact you with marketing information by email or other electronic means unless and until you object. If you are an individual or a member of an unincorporated entity (and except where the following paragraph applies) we will only contact, you by email or electronic means with marketing information where you have given us your consent.
Where we have obtained your email address in connection with our contract with you for any Services, or where you have made a positive enquiry about any of our services, we may also contact you with marketing information about similar services by email or other electronic means unless and until you object.
From time to time, we may ask you to refresh your marketing preferences by asking you to confirm that you consent to continue receiving marketing information from us.
You have the right to opt-out of our use of your Personal Information to provide marketing to you by informing us (if we call you by telephone), or by clicking the “unsubscribe link” on any marketing email that we send to you, or by contacting us as set out in Section 14 below. Alternatively, you can make a direct request to unsubscribe by emailing the following address: enquiries@apex.bm.
13. Changes to this Privacy Notice
We will update this Privacy Notice when necessary to reflect changes in the law, our used practices and in our services, as well as to ensure it is accurate and up to date. When we make an update we will amend the date at the top of this Privacy Notice, you are therefore advised to check this Privacy Notice periodically. We may also notify you in other ways from time to time about the processing of your Personal Information.
14. Who can you speak to at Apex NZ about this Privacy Notice and/or protecting my Personal Information?
We take complaints about privacy breaches seriously, if you are not happy with a privacy issue and wish to make a complaint or wish to exercise any of the rights set out in section 12 of this policy, you can do so in writing or over the phone. We will address your concerns and try to resolve them quickly. We aim to resolve any complaints as soon as possible but no longer than 30 days from the time of receipt. The internal complaints process is free to access.
If you have a complaint about a possible breach of privacy, then you should contact the local Data Protection Manager by e-mail: compliance@apex.co.nz or by post Level 25, 125 Queen Street, Auckland, 1010, New Zealand
If you are not satisfied with how we have handled your complaint, you may complain directly to OPC. The OPC has the power to investigate and resolve privacy complaints and may make a determination in respect of complaints.
You will not be charged a fee to make a complaint to the OPC. Go to https://www.privacy.org.nz/your-rights/making-a-complaint-to-the-privacy-commissioner/ for more information.
