Privacy Policy





Markham Corporation Pty Limited (Markham) is an independent and private real estate group based in Sydney. Markham is involved in real estate investment, development and asset management.




Your personal information will always be handled by Markham in accordance with our Privacy Policy and the Australian Privacy Principles. If you have any queries relating to Markham’s Privacy Policy or the manner in which we handle your personal information, please contact our Privacy Officer, James Markham, (02) 9225 8300 or email




This Privacy Policy applies to Markham Corporation Pty Limited, its related entities and any funds managed by Markham Corporation Pty Limited or it related entities.




Markham collects personal information from people who are potential investors, investors, fund managers, co- investment partners, developers, architects, real estate agents, real estate managers, service providers, contractors as well as from other people who are connected to its operations and activities – including employees, investee companies, lenders, borrowers and suppliers.




Personal information is any information or an opinion, whether true or not, about you that identifies you, or by which your identity can be reasonably ascertained. This includes information such as name, date of birth, gender, contact information, credit/debit card information, credit file information, information about your business or investment and business or investment track record.




Whenever reasonable and practical to do so, Markham collects information about individuals directly from the individual.

In some cases, Markham collects personal information from third parties, including public sources, its related companies, referrers, brokers, agents, an individual’s or entity’s adviser(s), its service providers (including credit reporting agencies and information service providers), investee companies and other persons and entities with whom it does business.

Markham may also obtain information about you from third parties such as credit bureaus and identity verification services (such as Dun & Bradstreet, Veda and Experian), but only where you have given express consent for it do so.

You agree that Markham may collect, store and use this personal information in accordance with this Privacy Policy.


7       For what purpose is my personal information being collected?


The primary purpose for which Markham collects personal information is so that it can carry out its real estate business engaged in real estate investment, development and asset management. We may use your personal information and you consent to your personal information being used to:

  • provide advisory services, real estate investment management, real estate asset management and real estate development services to you or entities or businesses with which you are involved;
  • where you provide express consent, provide your personal information (your name, address and date of birth) to credit reporting agencies so that your identity can be verified by e-verification processes (conducted by credit reporting agencies, such as Dunn & Bradstreet, Experian and Veda);
  • where you provide express consent, provide your personal information to credit bureaus and credit reporting agencies to obtain information about your credit history;
  • collect fees and payments owing to us;
  • respond to your enquiries and concerns and resolve disputes;
  • customise, measure and improve our financial services business and the content, layout and operation of our website and business processes;
  • deliver targeted marketing regarding Markham’s services, investment opportunities and offers from Markham (and Markham’s related entites) to you;
  • contact you by email or telephone (by voice call or SMS); and
  • compare information provided by you for accuracy and verify it with third parties.

Markham does not sell personal information to other organisations.


8       Secondary Purpose(s)


Your personal information may also be used for any other specific purpose for which it was requested and which was advised to you.


9       Marketing purposes


Where we use your personal information to send you marketing and promotional information by post, email or we contact you by telephone, you will be provided with an opportunity to opt-out of receiving such information. By electing not to opt-out, we will assume we have your implied consent to receive similar information and communications in the future. We will always ensure that our opt-out notices are clear, conspicuous and easy to take up.


10       Website usage information and cookies


When you access our website, we may use software embedded in our website (such as JavaScript) and we may place small data files (or cookies) on your computer or other device to collect information about which pages you view and how you reach them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you. We do not presently associate such information with an identifiable person and so the collection of such information is not personal information.

You may decline our cookies if your browser or browser add-on permits, but doing so may interfere with your use of our website and the Markham services. You can refer to the ‘help’ section of your browser or installed applications for instructions on blocking, disabling or deleting cookies.


11       In what situations may I deal with Markham anonymously or by pseudonym?


You have the option to deal anonymously or by pseudonym if you contact us by telephone and you merely seek information about our services but you do not wish to enter into any further discussions with us. However, if you wish to deal with us in this way, you will not be able to engage with us in respect of our service offering. If you wish to engage with us in respect of our service offering, you must provide us with your personal information.


12       What happens if I don’t provide all of my information?


If you do not provide some or all of the personal information requested, we will not be able to offer you with our services you require and we may not be able to provide you with all of the information that you seek about our services. For example, if you do not provide your personal information which is required for us to conduct our AML/CTF check in respect of your identity, we will not be able to engage with you as a potential client, investor or co-investor.


13       To whom is my personal information usually disclosed?


In carrying out our business, we may need to disclose your personal information to others, as follows:

  • Related entities: to related entities of Markham;
  • Your financial adviser or your service providers: to your nominated financial adviser or service providers, with your permission;
  • Service providers under contract: who help with our financial services business operations including archival, auditing, legal, business consulting, banking, payment, delivery, data storage, data processing, data analysis, mailing, marketing, research, investigation, insurance, brokerage, maintenance, registry, website and technology services – where we engage such service providers, our contracts provide that they may only use your personal information in connection with the services they perform for us;
  • Law enforcement, government agencies or other third parties as required by law: when we need to comply with law or credit card rules, or when we believe that the disclosure of personal information is necessary to prevent harm or financial loss, to report suspected illegal activity or to investigate contraventions of our loan arrangements; and
  • Credit bureaus, credit reporting agencies and collection agencies: to verify your identity by e-verification and to obtain information about your credit history (in each case, with your consent) and to report account information;


14      Where is my personal information stored?


Your personal information will be stored on a password protected electronic database, which may be a Markham database, a database maintained by a cloud hosting service provider or other third party database storage or server provider. All such personal information is maintained with in the effective control of Markham. We have arrangements which require third party service providers to maintain the security of the information and we take reasonable steps to protect the privacy and security of that information, however, we are not liable for any unauthorised access or use of that information.

Your personal information will stay on the database indefinitely until you advise you would like it removed, unless we de-identify it or destroy it earlier in accordance with privacy law requirements.


15       Access to your personal information


Markham will, upon your request, and subject to applicable privacy laws, provide you with access to your personal information that is held by us. However, we request that you identify, as clearly as possible, the type/s of information requested. We will deal with your request to provide access to your personal information within 30 days and you agree we may charge you our reasonable costs incurred in supplying you with access to this information.

Your rights to access personal information are not absolute and in certain circumstances, privacy laws dictate that we are not required to grant access such as:

  • access would pose a serious threat to the life, safety or health of any individual or to public health or public safety;
  • access would have an unreasonable impact on the privacy of other individuals;
  • the request is frivolous or vexatious;
  • denying access is required or authorised by a law or a court or tribunal order;
  • access would be unlawful; or
  • access may prejudice commercial negotiations, legal proceedings, enforcement activities or appropriate action being taken in respect of a suspected unlawful activity or serious misconduct.

If you agree to us verifying your identity using e-verification (i.e. electronic identity verification by a credit reporting agency), you have the right to access the verification assessment provided by the relevant credit reporting agency.


16       Updating your personal information


You may ask us to update or delete the personal information we hold about you at any time. You accept that we will take reasonable steps to verify your identity before granting access or making any corrections to or deletion of your information. We also have obligations to take reasonable steps to correct personal information we hold when we are satisfied that it is inaccurate, out- of-date, incomplete, irrelevant or misleading for the purpose for which it is held.

If you require access to, or wish to update your personal information, please contact us at Markham, GPO Box 1573 NSW 2001, facsimile on (02) 9225 8399 or email


17       Problems or queries


If you have any queries or complaints about our handling of your personal information in accordance with privacy laws or for further information about Markham’s Privacy Policy, please contact our Privacy Officer, James Markham, (02) 9225 8300 or






The MARKHAM Group, which includes Markham Investment Management Pty Limited (MIM) is committed to high standards of behaviour and conduct in its business activities and encourages the reporting of behaviour which fails to meet this standard. A strong whistleblower culture will help foster an ethical workplace environment. Our Whistleblower Policy (this “Policy”) sets out the whistleblower framework for MARKHAM.




All current and former employees, suppliers, consultants, dependants and other relatives who have concerns about serious wrongdoing connected with MARKHAM are encouraged to make a disclosure under this Policy (“Whistleblowers”).

This Policy also sets out:

  • Key safeguards available to Whistleblowers in circumstances where a disclosure qualifies for protection, including from being subject to victimisation, harassment or discriminatory treatment; and
  • How we will investigate concerns about serious misconduct and the protections available to Whistleblowers. 

You may make a report under this Policy if you have reasonable grounds to suspect that a MARKHAM officer, employee, contractor, supplier or other person with whom MARKHAM has business dealings (“Worker”) has engaged in activity that is reportable, as set out at section 3.

This Policy seeks to encourage and facilitate disclosures in accordance with Federal Law.




Whistleblowing is the reporting of actual or suspected Worker misconduct or wrong doing in the workplace. It can include, but is not limited to:

  • Conflicts of interest.
  • Fraudulent activity.
  • Unethical behaviour that may cause harm or is prohibited by MARKHAM policies, including corruption, bribery or blackmail.
  • Financial irregularity, such as misleading reporting practices or an improper state of affairs.
  • Illegal activity, such as criminal damage, or failure to comply with the law, for example a contravention of the Corporations Act.
  • Serious risks to public health or safety, such as a workplace or environmental hazard (Collectively, “Reportable Activity”).
  • A “Protected Disclosure” is the reporting of Reportable Activity under this Policy that qualifies for Whistleblower protection.

Matters involving personal or work-related grievances are generally excluded under whistleblowing legislation.




In order to qualify for protection, disclosable matters must be reported to the types of people (either within or outside of MARKHAM) who are permitted to receive Protected Disclosures.

To report suspected misconduct at MARKHAM, disclosures can be made to the:

    • CEO (James Markham) or COO; or
    • Any Non-Executive Director (including Chairman) of a Markham Trustee Company. (collectively, “Eligible Recipients”)

Outside of MARKHAM channels, an eligible discloser can also qualify for protection as a Whistleblower if:

    • Information is disclosed to a legal practitioner for the purposes of obtaining legal advice or legal representation about the operation of the Whistleblower provisions in the Corporations Act.
    • Information relating to a ‘disclosable matter’ is made directly to the Australian Securities and Investment Commission (ASIC) or the Australian Prudential Regulation Authority (APRA).
    • Information is disclosed for the purposes of an ‘emergency disclosure’ or ‘public interest disclosure’ as permitted under the Corporations Act. 




Disclosures received by Eligible Recipients will be referred to the Whistleblower Committee. The Whistleblower Committee, comprising the CEO, COO and Chairman of a Markham Trustee Company will assess each disclosure to determine whether it falls within this Policy and investigate each disclosure received under this Policy in a fair and objective manner and as soon as possible after receipt. Findings from an investigation will be reported, where confidentiality allows, a summary will be provided to the Whistleblower.

MARKHAM has appointed the COO to also act as a Whistleblower Protection Officer to help ensure the efficient and effective investigation of Protected Disclosures. The Whistleblower Protection Officer can also provide additional information on protective measures, interventions and support services available, as appropriate in the circumstances.





MARKHAM is committed to the ensuring confidentiality of persons who make a disclosure under this Policy, and that those who make a report on an objectively reasonable basis are treated fairly and do not suffer any disadvantage.

If you choose to report a Protected Disclosure on an anonymous basis, you will remain eligible to receive Whistleblower protections.

Where legal requirements allow, MARKHAM personnel entitled to receive information under this Policy will not divulge the discloser’s identity or information likely to lead to the discovery of their identity unless the disclosure is:

  • Made to ASIC, APRA or the Australian Federal Police.
  • Made to a lawyer for advice about whistleblowing protections.
  • Reasonably necessary for the purpose of investigating issues raised in a disclosure.
  • Made with the Whistlebower’s consent.

Protection from liability and victimisation

Legal protections available to Whistleblowers in relation to the reporting of a Protected Disclosure include protection from civil and criminal liability, contractual remedies and protection from victimising conduct. Protections do not extend to the granting of immunity for any misconduct a discloser may have engaged in that is revealed as part of a disclosure.

It is illegal, for example, for someone to cause or threaten detriment to a person because they believe or suspect that person may have made, or could make a Protected Disclosure. Detriment includes, but is not limited to, harm or injury, dismissal from employment, disadvantageous alteration of employment conditions, intimidation, harassment, property damage or reputational damage.

Upon receipt of a Protected Disclosure, MARKHAM will ensure the fair treatment of, and provide appropriate support for the Whistleblower (as well as other persons involved in the disclosure). Markham will take necessary practical steps to protect Whistleblowers.

Whistleblowers can seek compensation through a court in circumstances where loss, damage or injury is incurred in relation to making a Protected Disclosure and where MARKHAM failed to prevent a person from causing the detriment, including for breaching a Whistleblower’s confidentiality. Any reasonable administrative actions MARKHAM may take to protect Whistleblowers will not be considered to be detrimental conduct.

Whistleblowers may wish to seek independent legal advice.

Existence of this policy and how it operates will be communicated to MARKHAM on an ongoing basis.


Adopted and approved by:

James Markham CEO and Director Markham Investment Management Pty Limited.

Last updated: November 2021



The laws regarding whistleblower disclosures and protections are set out in the following whistleblower legislation: 

  • Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth); and
  • Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Act 2019 (Cth). 

These laws have resulted in changes to the following Commonwealth Acts:

  • Corporations Act 2001;
  • Taxation Administration Act 1953;
  • Banking Act 1959;
  • Insurance Act 1973;
  • Life Insurance Act 1995; and
  • Superannuation Industry (Supervision) Act 1993.