Website Disclaimer and Terms of Use

Website Disclaimer and Terms of Use

Your Acceptance of these Terms

Unless an intention to the contrary is expressed in these Terms or any other section of the Pallas website provided under the domain name pallascapital.co.nz (‘Website’), the term ‘Pallas’ includes Pallas Capital Pty Ltd (ABN50 616 130 913), or a related party (as that term is defined in the Corporations Act 2001(Cth)), all of which are represented in the Website. Pallas Capital Pty Ltd (AR No 1257625) is an authorised representative of Pallas Funds Pty Ltd (AFSL No. 473475).

Nothing in these Terms excludes, restricts or modifies the application of the provisions of any statute (including the Competition and Consumer Act 2010) where to do so would contravene that statute or cause any part of these Terms to be void.

Pallas maintains this Website for your personal use. Your access to and use of this Website is subject to these Terms. Pallas reserves the right to update these Terms at any time without notice to you. By using this Website, you accept, without limitation or qualification, that these Terms apply to you in their entirety. If you do NOT agree to these Terms, you should NOT use this Website.

Disclaimers

General Advice Only

The information contained in this Website has been prepared without any reference to you or any of your particular investment objectives, requirements or financial situation. You are solely responsible for making your own decisions based on information contained on this Website. Before making any investment in any financial product, you should consider based on your own personal circumstances all important information about the financial product including the risks, costs and fees involved in acquiring and holding the financial product. If an issuer of a financial product (Issuer) has prepared a relevant Disclosure Document for the financial product (“Disclosure Document”), you should read and understand the entire Disclosure Document. Pallas recommends that you should also consider obtaining your own independent legal, tax and personal financial product advice from an appropriately licensed advisor who has regard to your own particular investment objectives, requirements and financial situation. Pallas is not authorised to provide any legal, tax or personal financial product advice to you and does not do so.

Any transactions listed on this Website are only included as illustrative of the types of transactions in which Pallas is or has been involved. They are not intended to be reflective of any overall investment performance. Past performance is not an indicator of future returns. None of Pallas or any of its directors, officers, employees, advisers, agents or associates in any way warrant or guarantee the performance of any financial product or Issuer that may be mentioned on this Website.

Contents

The contents of this Website are current at the time of publication and may be amended or revoked by Pallas at any time.

The information and any services provided on this Website are not available in, and are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use of the information or service would be contrary to the applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organisation of that jurisdiction, or where Pallas is not authorised to provide such information or services. Pallas does not make any representation that any transactions, products or services mentioned on this Website are available or appropriate for sale or use in all jurisdictions or by all investors. You therefore access this Website at your own initiative and you are responsible for compliance with the local laws or regulations that apply to you in the jurisdiction in which you are located. You will not use the Website for any purpose that is unlawful or prohibited by these Terms or any applicable laws that apply to you.

While Pallas uses reasonable efforts to obtain information from reliable sources, Pallas makes no representations or warranties as to the accuracy, reliability or completeness of any information or document contained in or accessed from this Website.

You agree that Pallas will not be liable under any circumstances for any direct, indirect, special, incidental or consequential damages or loss arising out of any use of the information contained on the Website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction.

You agree to defend, indemnify and hold Pallas harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from and related to your use of the Website.

Intellectual Property

Unless otherwise noted, the graphic images, buttons, text or any document contained in this Website are the exclusive property of Pallas. Other than for your personal and non-commercial use, you must not allow these items to be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without Pallas’ prior written permission.

Third Party Websites

As a convenience to users, this Website may link to other sites owned and operated by third parties and not maintained by Pallas. However, even if such third parties are affiliated with Pallas, Pallas has no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of Pallas. Pallas is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third-party sites is entirely at your own risk.

Privacy

Pallas does not guarantee or warrant that any files available for downloading through this Website will be free of infection, viruses or destructive properties. You are entirely responsible for implementing sufficient programs, practices and procedures to satisfy your particular requirements for technological functionality, the accuracy of data input and output, and for maintaining an appropriate means for the recovery of any lost data.

Pallas may collect certain aggregate and non-personal information when you visit the Website. We may collect this information through “cookie” technology. Cookies are bits of text that can be placed on your computer’s hard drive when you visit certain web sites. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. The “help” portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Remember, though, without cookies, you may not be able to take full advantage of all of the Website features.

You are not required to provide any personal information to access the public areas of the Website. However, you may choose to provide personal information to Pallas to use specific features of this Website. Please see our Privacy Policy on this Website for more information with respect to how we maintain the privacy of the personal information you may provide via this Website.

Pallas Capital Privacy Policy

Pallas Group Pty. Limited (ABN 61 618 981 892), Pallas Group Limited (NZCN 8373196) and their related bodies corporate and affiliates (collectively referred to as Pallas, “we”, “us” or “our”) are committed to the protection of personal information that relates to you in accordance with applicable law including the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) or the Information Privacy Principles (IPPs) as set out in the Privacy Act 2020 (NZ) (Privacy Law).

This Privacy Policy describes the manner in which we collect, hold and use information that is covered by Privacy Law. It is not intended to cover categories of information that are not covered by Privacy Law.

In order to provide you with our products and services, we rely on the collection of personal information that is submitted by you, or with your authority. By using our products or services or otherwise providing your personal information to us, you consent to our collection, storage, use and disclosure of your personal information in accordance with this Privacy Policy.

We may, from time to time, review and update this Privacy Policy including to take into account new laws, regulations and technology. It is your responsibility to check our Privacy Policy periodically for changes. All Personal Information (as this term is defined below) held by us will be governed by our most recent Privacy Policy, posted on our website (pallascapital.co.nz) (Website). Our most recent Privacy Policy will apply to our collection, use and disclosure of Personal Information. Your continued use of our services following notification of any changes to our Privacy Policy constitutes acceptance of those changes. If you do not agree with any aspect of the updated Privacy Policy, you must tell us immediately and we may cease providing our services to you.

Despite anything else in this Privacy Policy (or any other Pallas policy) to the contrary, this Privacy Policy also applies to the ADAX Investor Portal and the ADAX Broker Manager Portal, both of which are provided under the domain https://www.adaxonline.com/ (ADAX Portals).

Personal Information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is true or not, and whether recorded in a material form or not.

In order to provide our products and services, we may collect and hold Personal Information about you such as:

1.1 your name, gender, date of birth;

1.2 your contact details (including your address, phone numbers and emails, whether personal or for work), and your location via IP Address;

1.3 a copy of your driver licence and/or passport or other identification documentation for the purpose of verifying identity and to ensure compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act and/or other legislation and regulations regarding identification verification, and tax reporting and withholding;

1.4 your investor contribution details and investment choice;

1.5 copies of any relevant trust deeds, partnership agreements or constitutions; and

1.6 your location via IP Address.

We may also collect Personal Information that you submit to us via the Website and the ADAX Portals (although we don’t require you to give us Personal Information to access certain public areas of our Website).

2. Why do we collect Personal Information?

We collect Personal Information from clients, investors, employees, contractors and other individuals that is reasonably necessary for one or more of our functions or activities, including: in order to allow us to conduct our business functions, to meet any regulatory requirements which apply to our business, to promote and sell our services, including the promotion, distribution and investor relations support of third party investment product providers; to improve our services and our marketing; and to conduct employee related activities.

If you can’t or choose not to provide your Personal Information to us, we may not be able to undertake certain activities for you such as providing you with requested information, products or services.

3. Collecting Personal Information

When and how do we collect your information?

We collect Personal Information directly from you when you: visit our Website, visit the ADAX Portals, supply products or services to us or acquire products or services from us, request information about us or our products or services, provide feedback, respond to a survey, change your content or email preferences, enter into an agreement or contract with us, obtain support services from us, fill in a form or a request for services (including an Investor Profile “Fact Finder” Form), fill in a form on our Website, fill in a form on the ADAX Portals, when you apply to or become an employee of Pallas, or otherwise contact us by telephone, email, post or in person.

If you provide Personal Information about other individuals to us, you acknowledge that, in doing so, you have complied with your obligations under Privacy Law and relevant State and Territory legislation relating to the collection and disclosure of that Personal Information.

Do we collect information about you in other ways?

We may also collect Personal Information about you via third parties including from our network of investment product providers or that is publicly available including via online channels or social media.

In some circumstances we may receive Personal Information that we have not requested. If this occurs, we will comply with our obligations under Privacy Law. You acknowledge that we may de-identify and/or destroy this information unless we are required to keep it by law.

4. Information collected via our Website

Website Terms of Use

This Privacy Policy together with our Website usage terms and conditions (Website Terms of Use) govern how we use, collect or disclose Personal Information collected from you on our Website. By using the Website you agree to the terms and conditions contained in this Privacy Policy and the Website Terms of Use. Both the Privacy Policy and the Website Terms of Use are posted on the Website (pallascapital.co.nz).

We will not collect any Personal Information about users of our Website or the ADAX Portals except when they knowingly provide it or as otherwise described below.

For example, we may collect Personal Information from users of the Website when they:

4.1 complete an online form, including registering to receive investment updates, promotional material or other information; and/or;

4.2 otherwise correspond with us.

Website Host Click Stream Data

When you visit and browse our Website or the ADAX Portals, the hosts may collect Personal Information for statistical, reporting and maintenance purposes. Generally, the Personal Information collected by the hosts will not be used to identify you.

The information may include:

4.3 the number of users visiting our Website or the ADAX Portals and the number of pages viewed;

4.4 the date, time and duration of a visit;

4.5 the IP address of your computer; or

4.6 the path taken through our Website of the ADAX Portals.

The hosts may use this information to administer and/or improve the performance of our Website or the ADAX Portals, including to assist with the diagnosis of and to provide support for any issues with our Website, the ADAX Portals or services.

Cookies

We may collect Personal Information about you automatically using cookies or similar technologies. Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. If we do use cookies, to allow us to personalise your browsing and experience on our Website, the ADAX Portals and your access to these sites, a cookie is downloaded onto your computer’s hard drive when you first log on to our Website or the ADAX Portal. You can adjust your internet browser to disable cookies, however we may not be able to provide you with all the service or functionality you require on our Website or the ADAX Portal if you choose to do so.

Advertising

If we decide to use Google and/or other third-party service providers to serve ads on our behalf across the Internet and sometimes on our Website, then they may collect anonymous information about your visits to our Website or the ADAX Portals (not including your name, address, email address or telephone number). They may also use information about your visits to the Website or the ADAX Portals and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest to you.

Links to external websites

If you follow any links to third party external websites from our Website or the ADAX Portals, the Privacy Policy and the Website Terms of Use will not apply to those websites which may have their own policies relating to privacy and data collection and website usage. If you choose to access any linked website or to provide any Personal Information on such websites you should review their policies and terms of use to learn more about how they may use your Personal Information. We are not responsible, and will not be liable, for the operations or policies of any third party external website.

5. How we use Personal Information?

Generally, we will only use your Personal Information for the purpose for which it was disclosed to us. However, we may use the Personal Information we collect about you for other business activities, which may include the following:

5.1 to provide you with information or services you have requested, including about investment products or services provided by third parties;

5.2 to provide you with a client account and managing your account;

5.3 to promote and market our services to you, including to communicate with you via SMS or email;

5.4 to personalise and customise your experience on our Website or the or the ADAX Portals;

5.5 to help us research the needs of our clients and their investors and for the purposes of improving existing products or services or creating new products or services;

5.6 to provide you with ongoing information about us and our activities;

5.7 to allow us to provide third party information and offers in which we believe you may be interested;

5.8 to comply with our regulatory or other legal requirements;

5.9 for purposes related to the recruitment and employment of our personnel and providing internal services to our staff; and

5.10 for any other use required or permitted by law or any other purpose communicated to you at the time that the Personal Information was collected or for which you provided your consent.

We may also use your Personal Information for a secondary purpose if that secondary purpose is related to the purposes listed in this clause, if we have your consent or if otherwise provided for under Privacy Law.

Generally, we will only collect and use your Personal Information in accordance with this Privacy Policy. In the event that we collect or use Personal Information in ways other than as stated in this Privacy Policy, we will ensure that we do so in accordance with Privacy Law.

We may use the Personal Information you provide to us in order to provide you with direct marketing materials. We will seek your consent to provide you with direct marketing materials if we have obtained your Personal Information from a third party. Direct marketing material may include promotional material about us or the products or services we promote. You may opt out of receiving direct marketing material by contacting us in any of the ways specified in the direct marketing materials or as set out in clause 13.

6. When do we disclose Personal Information?

Who do we disclose your Personal Information to?

Depending on the nature of your relationship with us, we may disclose your Personal Information to our shareholders, officers and employees, other businesses within our Pallas group, service providers who assist us in our business operations and recruitment activities (including third party service providers), government agencies (including the Australian Financial Complaints Authority), and other third parties (including parties that provide you with investment products or services through us, or who are connected with or involved in our relationship with you), or otherwise as required by law.

Service providers

We may also disclose your Personal Information to our service providers including Website host in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner. To the extent that we do share your Personal Information with a service provider, we would only do so if that party has agreed to comply with its obligations under Privacy Law or our privacy standards as described in this Privacy Policy.

We may also share non-personal, de-identified and aggregated information for research or promotional purposes in connection with providing requested information or services to you, or for the purpose of improving our services. We will not sell your Personal Information to third parties for marketing purposes.

Unless otherwise specified in this Privacy Policy, we, our Website host or the ADAX Portals host will not disclose any of your Personal Information to any other organisation unless the disclosure is required by law, is otherwise permitted by Privacy Law, or is with your consent.

7. Disclosure of your Personal Information overseas

Our business is operated only in Australia and New Zealand. However, in some cases your personal information may be disclosed to organisations overseas including without limitation the United States, countries in the European Union and India.

You should know there may be differences between the safeguards provided in the Acts and those of the overseas locations in which we may store and process personal information.

Overseas organisations may be required to disclose information shared with them under a foreign law.

Your information may be stored in cloud or other types of network or electronic storage and we will take reasonable steps to ensure appropriate security arrangements are in place if this is the case. Such storage may be accessed from various countries by an internet connection hence it is not always possible to know in which country your information may be accessed or held.

8. Employee Records

Our obligations under Privacy Law may differ for employee records. As such this Privacy Policy may not apply to the handling of employee related information. Please contact us directly for information about our employee information handling practices.

9. Storage and security of Personal Information held by us

We will take reasonable steps to protect your Personal Information from misuse, interference and loss and from unauthorised access, modification or disclosure. We aim to keep your Personal Information secure and up to date. We will comply with our obligations under Privacy Law in relation to any Personal Information that we handle, including information which is held on our computer systems.

Personal Information that is held by us in hard copy is stored securely on our premises and is only disclosed or used for the purposes described in this Privacy Policy.

Privacy Law establishes obligations on us for notifying affected individuals, and the Australian Information Commissioner or the New Zealand Privacy Commissioner (as relevant) (Commissioner) about a data breach which is likely to result in serious harm. Where serious harm to affected individuals is likely, we will notify those individuals and the Commissioner in accordance with our legal obligations. You may contact our Privacy Officer (details specified in clause 13) should you require additional information.

10. Updating and correct your Personal Information

We will take reasonable steps to ensure that the Personal Information that we hold is accurate, up-to-date and complete, however we rely on you telling us of any changes to the personal information you provide to us. You can update your Personal Information at any time by contacting us in any of the ways specified in clause 13. If your Personal Information is incorrect, we will correct it at your request. We welcome any changes to your Personal Information so as to keep our records up to date.

11. How long will we keep your Personal Information?

We will keep your Personal Information only for as long as required for our business purposes and otherwise as required by applicable law. Where we no longer need to keep your Personal Information in accordance with this clause 11, we will take reasonable steps to destroy or de-identify your Personal Information. If you wish to have your Personal Information destroyed or de-identified, please let us know and we will take reasonable steps to do so (unless we need to keep it for legal, auditing or internal risk management reasons, or as otherwise required by law). Generally, any Personal Information in our client files are kept for a maximum of seven years.

12. Finding out what Personal Information we hold about you

You are entitled to request access to Personal Information that we hold about you. If you request access to your Personal Information, we will grant your request unless providing you with access would unreasonably impact upon the privacy of others, is not otherwise permitted under the Australian Privacy Principles or we have a legal right to refuse the request. If we refuse your request to access your Personal Information, we will provide you with written reasons for the refusal. A request for access can be made by contacting us in any of the ways specified in clause 13.

13. How to contact us, find out more information or make a complaint

If you feel that your privacy has not been respected or that we have conducted ourselves inconsistently with this Privacy Policy, the APPs, a registered APP Code, and/or Privacy Law in respect of your Personal Information, or for any other queries, problems, complaints or communication in relation to this Privacy Policy, please contact us in any of the following ways:

Email: info@pallascapital.com.au
Phone: (02) 8188 1108
Post Att: Sharman Grant, Compliance Officer

Pallas Capital Pty. Limited
Level 5, 30-36 Bay Street,
Double Bay, New South Wales 2028
Australia

You can find out more information about the Privacy Act 1988 (Cth) and the APPs from the Office of the Australian Information Commissioner (at www.oaic.gov.au or contactable by email at enquiries@oaic.gov.au) or about the Privacy Act 2020 and the IPPs from the Office of the New Zealand Privacy Commissioner (at www.privacy.org.nz or contactable by email at enquiries@privacy.org.nz).

If we receive a complaint from you, we will investigate the issue and determine the steps we will take to resolve your complaint. We may ask you to provide additional information. We will notify you in writing of our determination, generally within 20 working days. If you are not satisfied with our determination or you do not receive a response within 20 working days, you can contact us to discuss your concerns and you can refer the complaint to the Office of the Australian Information Commissioner.

Last updated: May 2022