Terms and Privacy

1.0 General

1.1 Mosaic Finance Pty Ltd (‘Mosaic’) is the operator of the website getmosaic.io

1.2 You are a person who is accessing the Website getmosaic.io. (‘The Website’)

1.3 Your access to the Website is subject to these terms and conditions, the Mosaic Privacy Policy, any other terms and conditions or other statements contained on The Website. By accessing, viewing or otherwise using The Website, you agree to be bound by the terms of use policy.

1.4 The terms and conditions relating to the issue of Financial Products listed on the Website are incorporated in to the disclosure documents for that Financial Product and are not governed by this terms of use policy.

1.5 If you are applying as, or for, a corporate entity, you agree that you have the authority to bind that entity to this terms of use policy.

2.0 Definitions

In this Agreement:

“Account” means your account with Mosaic in relation to any investment of Financial Products accessible via the website

“Account details” means information relating to your Account, including but not limited to your name, address and the nature and amount of your investments.

“Agreement” means this user agreement govering the access to and use of the Website.

“Application Form” means an application form that is available for download from the Website or as an online form to be completed and submitted electronically via the Website, relating to Financial Products listed on the website.

“Mosaic”, “Us” or “We” means Mosaic Finance Pty Ltd or any of its associates or related bodies corporate, within the meaning in the Corporations Act that promote Financial Products.

“Client” means a wholesale or retail client, as defined in the Corporations Act.

“Content” means any information and material provided on the Website which is made available by Mosaic, including information related to Financial Products.

“Corporations Act” means the Corporations Act 2001 (Cth) and the regulations made under that legislation, as modified.

“Financial Product” means a financial product, as defined under the Corporations Act, which is listed on the Website or otherwise promoted by Mosaic via the relevant disclosure document/s.

“Login Details” means the username and password we may provide you with, or as modified by you from time to time, granting you access the registered area of the Website.

“You” or “your” means those person(s) who wish to have access to the Website subject to and on the terms and conditions of this Agreement.

“Website” means the website located at getmosaic.io, which Mosaic owns and has developed.

3. Access

3.1 Mosaic agrees to you to accessing the Website on the terms and conditions set out in this policy Agreement and for the purposes of:
(a) accessing the Content; and
(b) making an application for Financial Products by completing and submitting an Application Form online;
or such other facilities relating to your Account that Mosaic may wish to offer you.

3.2 Access to the Website is only available to residents of Australia and, unless expressly stated otherwise, does not constitute an offer or solicitation for the purchase of Financial Products.

3.3 Where you have accessed the Website as agent or trustee of a person, you are bound by these terms and conditions as a trustee or agent of that person.

4. Applying for Financial Products

4.1 You may be able to apply for Financial Products via the website on the basis of a properly completed and submitted Application Form, or by downloading an electronic copy of an Application Form made available to you on the Website and sending it in to Mosaic once properly completed.

4.2 In doing so, you agree that:
(a) you have been provided and have read the relevant disclosure documents in their complete and unaltered form (electronic or paper format) prior to applying for a Financial Product; and
(b) you understand that upon request to Mosaic, Mosaic will furnish with paper copies of any disclosure document that has been provided to you electronically.

4.3 You agree:
(a) that all information contained in the completed Application Form is true, accurate, current and complete;
(b) that you will use your best efforts to provide any information or documentation relevant to your use of the Website in order to assist Mosaic in relation to any variations that Mosaic may identify and any queries or demands that Mosaic may receive from any regulatory, law enforcement or statutory body; and
(c) if you have given access to the Website for another person to apply for Financial Products, you will ensure that they have read the relevant disclosure document for that Financial Product.

4.4 You warrant that, prior to the lodgement of an Application Form or request for any modification to or transaction on your Account, you have the appropriate authority to proceed with the relevant application, modification or transaction request via the Website

5. Login Details

5.1 Mosaic may invite you to apply for access to the Website, subject to the terms and conditions for its use.

5.2 On your acceptance of those terms and conditions, Mosaic will issue Login Details to you.

5.3 You are responsible for upholding the secrecy and confidentiality of your Login Details and any other means of identification required for you to access the Website, including any additional Login Details that may be issued to you.

5.4 You agree not to record your Login Details in the same place or in a manner in which their confidentiality could be compromised.

5.5 If you become aware or think that:
(a) your Login Details (or any part of them) have been lost, stolen or misused;
(b) any person has obtained your Login Details;
(c) any person is accessing the Website using your Login Details withoutyour authorisation; or
(d) the security of your Login has otherwise been compromised, you will immediately:
(a) notify us by telephoning us on the telephone number available on the Website; and
(b) We will issue your new Login Details.

5.6 You are responsible for any action carried out, and authorise Mosaic to act upon, any instructions given by any person/s having accessed the Website with your Login Details.

5.7 You accept full responsibility and indemnify Mosaic for any expenses, loss, damage, costs, demands or liabilities incurred by us directly or indirectly, out of or in relation to the use, including (without limitation) any improper or unauthorised use of your Login Details.

5.8 You must only access the Website for legitimate and lawful purposes and in accordance with any instructions or directions posted to you or on the Website.

5.9 You acknowledge that we may withdraw or restrict your access to the Website at any time and can withdraw or restrict your access if you instruct us to do so.

6. Information

6.1 You agree that, at all times, you will provide Mosaic information about you that is true, accurate, current and complete.

6.2 If you are providing advice to a person outside Australia you must ensure that the person does not rely on any advertising, information or other material available on or via the Website.

7. Assignment

7.1 You are not permittedto assign your rights under this agreement without the prior written consent of Moaic.

8. Variation

8.1 Mosaic may, at our discretion, vary or modify this Agreement without notice. Any subsequent access to, or use of the Website by you will constitute an acceptance of those modifications.

8.2 You agree that any directions for the use of or accessing the Website provided to you or posted on the Website at any time form part of this policy Agreement.

9. Disclaimer

9.1 Any Content available on the Website, which could include (without limitation) any tools, information or articles about the Financial Products is of a general nature only. It does not take into account the investment objectives, particular needs or financial situations of any individual. The Content does not claim to provide financial or investment advice or make any recommendations. The Content should not be relied upon as the basis of any investment decision or as a substitute for the application of your own knowledge, skill and judgment in fulfilling any obligations that you may have to yourself or if applicable to your Clients or potential clients.

9.2 Unless expressly stated otherwise, the fact that the Content is accessible through the Website:
(a) is not a recommendation by Mosaic of the merits, or a guarantee of the performance, of any Financial Product; and
(b) is not intended to be a representation that persons will be issued Financial Products or otherwise be able to acquire any Financial Product by applying for such Financial Products directly from Mosaic or via the Website.

9.3 You agree that if Mosaic is required, by law or otherwise, to provide you with a document or notice, you consent to the provision of that document or notice via electronic means and/or through links provided on the Website. Mosaic recommends that you print any such document or safely electronically stored for future reference.

10. No Express warranty

Mosaic makes no warranty that the use or operation of the Website, the Content or any aspect of the Website will be without interruption or without errors or that the Website or any of its functions are suitable for any particular purpose or have any performance, functionality or security features except as required by law.

11. Limitation of liability

If any Act, law or statute implied in this policy Agreement, any term, condition or warranty and that Act, law or statute avoids or prohibits a contract excluding or modifying the application of or exercise of or liability under such term, condition or warranty, such term, condition or warranty will be deemed to be included in this Agreement. However, the liability of Mosaic for any breach of such term, condition or warranty will be limited, at the option of Mosaic, to:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of the equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) if the breach relates to services:
(i) the supply of the services; or
(ii) the payment of the cost of having the services supplied again.

12. Intellectual property

12.1 All trademarks on the Website are owned, or used under license by Mosaic.

12.2 Nothing incorporatedin the Website can be or should be construed as granting you any license or right to use any trademark. Your use of the trademarks, or any of the Content, except as provided herein, is not permitted.

12.3 All Content is protected by copyright laws and is owned, or used under license by Mosaic.

12.4 You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Website. You may not infer or hold any intellectual property right/s in or any right or license to use the Content on the Website excepting as outlinedherein.

12.5 You agree not to copy, publish, re-publish, reproduce, distribute or record any information, software or other material protected by copyright or any other intellectual property right.
(as well as the privacy and publicity rights) excepting as authorised by Mosaic.

13. Privacy

13.1 You agree that Mosaic can manage your personal information as per our privacy policy as amended from time to time.

14. Anti-money laundering and other illegal activities

14.1 To comply with our regulatory and compliance responsibilities under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) and/or relevant regulations and rules (“AML Legislation”), Mosaic may:
(a) delay, prevent or otherwise refuse to accept transactions where we have any reasonable grounds to believe that such transactions may breach Australian law or that of any other country; and/or
(b) require more information from you to assist us in complying with our obligations as required by the AML Legislation.

14.2 You understand that the information gathered by Mosaic may be used for identification purposes, and could be disclosed to a third party verification service, in conformance with our privacy policy, so that Mosaic can comply with all its customer identification obligations under the AML Legislation.

14.3 Mosaic may disclose the information gathered by us to regulatory and/or law enforcement agencies in accordance with AML Legislation and our privacy policy.

14.4 You agree that you must not commence, engage in or complete a transaction that may be in breach of Australian law or that of another country including (but not limited to) the AML Legislation.

15. Jurisdiction

This Policy Agreement is administered and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.

Our users privacy is our most important priority.

Please consult this page if you have any questions or concerns please contact hi@getmosaic.io for further information.

1. Purpose of this privacy policy

The purpose of this policy is to outline Mosaic Finance Pty Ltd policy in relation to the collection, storage, use, maintenance, disclosure and other administration of personal information.

2. Summary

Mosaic Finance Pty Ltd policy (herein referred to Mosaic), is required to comply with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) (‘Privacy Act’) and has created a privacy policy, which details Mosaic’s administration of personal information that it gathers from individuals. The entities within the Mosaic are described in part 7 of this privacy policy.

3 Privacy Policy

3.1 Your Rights to Privacy

Mosaic recognizes the seriousness of protecting an individuals’ right to privacy. Mosaic has prepared this policy statement to help you understand how we handle personal information and how we aim to care for the privacy of your personal information. While administering personal information, Mosaic is subject to the Privacy Act and complies with the Australian Privacy Principles in the Privacy Act. This policy details the way Mosaic collects, uses, discloses or otherwise manages your personal information and your rights in relation to our administering of your personal information. This policy may be updated as needs so that Mosaic can provide current best practice procedures.

3.2 What type of personal information does Mosaic gather?

For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

Typically, Mosaic will collect personal information, like your name and contact details including home address and e-mail address and/or any other information, which is necessary to provide our services to you or to provide you with information about Mosaic and/or our products and services.

The specific kinds of personal information we compile will depend on the level of our business dealing with you. For example, you might choose to register on to our site so that you can access more information about possible investment opportunities – in this case Mosaic only requires name, email & phone contact details. Should you decide to invest in any of the opportunities, Mosaic may collect information such as your name, residential and business address, date of birth, contact details (such as email and phone numbers), income details, asset and liabilities information, tax and financial statements, employment details and details regarding your financial or accounting advisors.

If you attend seminars, meetings or other events conducted by Mosaic or register for updates, newsletters or other information services of Mosaic, we may collect information such as your name, email and phone numbers and details regarding any product or services you have expressed an interest in.

Mosaic will not usually collect or hold sensitive information about you, unless Mosaic is required to do so by law. Sensitive information may include information about yourrace, political or religious beliefs, sexual preferences, criminal convictions, membership of professional or trade associations or unions or health information.

3.3 Gathering of personal information

Mosaic collects personal information in a number of circumstances including where you apply to invest, request information regarding Mosaic or its products or services, attend seminars or other events held by Mosaic, register for newsletters, updates or other similar information services of Mosaic or otherwise engage with Mosaic. Where you are an investor in any opportunity listed by Mosaic, Mosaic will collect personal information from you to process and establish that investment and also in the course of administering that investment.

Mosaic gathers your personal information directly from you, usually by requesting that you complete an application form. There may be times when Mosaic will collect your personal information from a third party. For example Mosaic may collect your personal information from a publicly maintained record, a third party broker, a person authorised by you (such as your accountant or financial advisor) or our agents or service providers (e.g. registry service providers).
If Mosaic collects your personal information from a third party, Mosaic will take reasonable steps to inform you of certain matters, such as Mosaic’s identity and contact details.

3.4 So why does Mosaic need personal information?

Mosaic collects, holds, maintains, uses and discloses personal information for the purposes of operating its business and providing its services, including to:
– provide you with information regarding the products or services of Mosaic;
– progress your application for investments in the products or services of Mosaic;
– establish your investment in a product or service of Mosaic; and
– manage your investment in a product or service of Mosaic.

Where you invest in a product of Mosaic, Mosaic will collect, hold, maintain, use and disclose your personal information as required to fulfill its legal obligations under the relevant laws applying to that product.

Mosaic may also collect, hold, maintain, use and disclose personal information to conduct identification and verification processes in accordance with the Anti-Money Laundering (AML) and Counter Terrorism Financing (CTF) Act or any other relevant laws.
For some investors, Mosaic might be required to collect and disclose personal information to the Australian Taxation Office in order to comply with the Foreign Account Tax Compliance Act (FATCA).

Not providing your personal information will affect Mosaic’s ability to provide our range of products and services to you and may result in Mosaic not being able to progress your application for investment in our products or otherwise provide servicesto you.

3.5 Direct marketing

Mosaic may collect, hold, maintain, use and disclose your personal information to inform you of products, services or offers of Mosaic which may be of interest to you. Where you are an investor in a product of Mosaic, this may include providing you with direct marketing information regarding the other products of Mosaic.
Mosaic may contact and communicate with you for the purpose of direct marketing via the telephone, post, facsimile, email or SMS.
If you do not want to receive this information or do not want Mosaic to use or disclose your personal information for direct marketing purposes, you can opt out by contacting our Privacy Officer or otherwise letting us know that you wish to opt out of receiving this information and/or Mosaic using or disclosing your personal information for direct marketing purposes.
Mosaic will never share your personal information with any other external companies for any purpose other than what is required for you to invest in Mosaic products or that required under the relevant law.

3.6 Sharing information with other organisations

Mosaic may disclose your personal information to third parties for the purposes outlined in paragraphs 3.4 and 3.5 above.
The types of organisations to which Mosaic may disclose the personal information Mosaic has about you include:
– your adviser, or dealer group or accountant;
– the other entities within Mosaic or other related companies of Mosaic (such as subsidiaries or holding companies);
– any third party service provider Mosaic may employ to provide custody, administration, technology, auditing, mailing, printing or other services;
– Government authorities when and to the extent required by law; and
– Mosaic’s professional advisers (including legal and accounting firms, auditors, consultants and other advisers). Such disclosure will only be done on a confidential basis.

Mosaic does not presently communicate personal information to recipients located overseas nor does Mosaic have plans to do so. If Mosaic is required to disclose personal information to recipients located overseas, Mosaic will revise this privacy policy regarding the possible disclosures (including, if it is possible to do so, the countries in which such overseas recipients are likely to be located).

3.7 Preservation of your personal information

Mosaic may hold personal information in both hard copy and electronic forms.

Mosaic undertakes to take all reasonable steps to protect the personal information it holds is secured against misuse, loss, unauthorised access, modification or disclosure. Personal information is held on secured servers or in storage located in controlled, access restricted environments. Mosaic’s employees are required to preserve the privacy of any personal information held by Mosaic..

In some cases personal information may also be held on behalf of Mosaic in hard copy or electronic forms by Mosaic’s service providers (such as offsite document storage providers or electronic data storage providers). Where required, Mosaic will enter into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.

3.8 Can you access the personal information Mosaic has about you?

Mosaic will take all reasonable steps to ensure that the personal information Mosaic gathers, holds, maintains, uses and discloses is correct, complete, current and relevant.
You have the right to request access to the personal information Mosaic gathers and holds about you. You have the right to ask for correction of the personal information Mosaic collects and holds about you.

If you would like access to or correction of the personal information held about you by Mosaic you can contact our Privacy Officer per the below contact details:

Samuel Nixon

Mosaic Finance Pty Ltd
Level 2, 50 Bridge Street
Sydney, NSW 2000
E-mail: sam@getmosiac.io

Mosaic will endeavour to respond to requests for access to or correction of personal information within 30 days of the date of the request.
Should Mosaic refuse any request for access to or correction of personal information held by Mosaic, reasons for that refusal will be provided in writing as soon as practicable by Mosaic.

3.9 What can you do if you have complaint about your privacy?

Please direct all privacy complaints in writing to our Privacy Officer.
A privacy complaint relates to any concern or disagreement you may have with Mosaic’s privacy practices as they relate to your personal information. This may include things such as:
(a) if you think Mosaic has contravened the APP’s, a binding registered APP code or any other applicable obligations under the Privacy Act regarding your personal information;
(b) how your personal information is collected;
(c) how your personal information is held;
(d) how your personal information is maintained;
(e) how your personal information is used or disclosed; or
(f) how access to your personal information is given.
Privacy complaints will always:
(a) be treated seriously and handled promptly;
(b) be dealt with confidentially; and
(c) not affect your existing responsibilities to any business agreements that may exist between Mosaic and you.
The Privacy Officer will initiate an inquiry into your complaint and will answer the complaint within a reasonable period of time. You will be informed of the result of your complaint following the conclusion of the inquiry. Should you be unhappy with the outcome of your complaint, it is your right to refer the complaint to the Office of the Australian Information Commissioner.

4 Questions or concerns

Should a member of the Mosaic team has questions or concerns about the content, responsibilities or obligations of this privacy policy, that person/s should contact the Privacy Officer. If other individuals have questions or concerns about the content of this policy, that person/s may contact Mosaic using the details in paragraph 3.8 of this privacy policy.

5 How does Mosaic conduct reviews of this policy?

Our privacy policy is usually reviewed annually (or more regularly if there are amendments to the legal or regulatory framework which applies to this privacy policy) to make sure it is appropriately updated. Mosaic will advise any such changes by publishing the updated version of the policy on Mosaic website at www.getmosaic,io

6 Legal and regulatory framework

The Privacy Act outlays 13 Australian Privacy Principles, which are mandatory principles which Mosaic is required to satisfy in relation to Mosaic’s collection, storage, use, maintenance, disclosure or other administration of personal information.
The Office of the Australian Information Commissioner is the statutory body responsible for a number of functions in relation to the Privacy Act, including conducting investigations and handling complaints in relation to the Privacy Act and the Australian PrivacyPrinciples.

7 Definitions

In this policy, unless the context otherwise requires:
Mosaic Entity means any member of the Mosaic Group and any of the Mosaic Funds.
Mosaic means Mosaic and any of its controlled or related entities.
Corporations Act means the Corporations Act 2001 (Cth).
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Officer means the Mosaic team member responsible for administering privacy compliance within Mosaic.

Thank you for reading the privacy policy.