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Our Privacy Commitment
- Cosmos Capital Limited ACN 636 458 912 (Cosmos) is committed to managing your personal information openly and transparently and to keeping your personal information safe. We will take all necessary measures to fulfil this commitment, including to:
- comply with the Australian Privacy Principles (APPs);
- ensure that we manage your personal information openly and transparently;
- only collect personal information from you that we need in order to fulfil any of your queries, questions or requests or to offer you the best possible customer service and experience;
- tell you how we might use your personal information;
- let you know if we need to disclose your personal information to anyone else (including anyone overseas) and if so, in what circumstances this might occur;
- keep your personal information secure;
- respond promptly and appropriately to any incident where your personal information may be compromised, including where your personal information is lost, or subject to unauthorised access, modification, use or disclosure or other misuse;
- promptly respond to any request by you not to receive direct marketing material from us;
- make sure your personal information is kept accurate and up to date and to properly dispose of any personal information which is no longer required by us; and
- ensure that, where appropriate, you can access and correct your personal information.
About this Policy
- This policy is intended to explain clearly and in plain language some of the key processes and procedures that we have implemented to manage your personal information, to protect your privacy and to comply with the Privacy Act 1988 (Commonwealth) (Act) and the APPs.
- References to “Cosmos”, “our”, “us” and “we” in this policy are references to Cosmos and its related entities.
- This policy gives a broad overview of our policies in relation to privacy and the handling of your personal information but if you require further information, you are welcome to contact us or to read any of the privacy statements or notices that will be issued to you as and when personal information is collected.
What sorts of personal information do we collect?
- We will only collect from you information that is necessary and relevant to our relationship with you, including to enable us to fulfil your request or to provide to you the best possible customer service and experience.
- Depending on the exact nature of our relationship with you and the type of products and services you request from us, we may request that you provide some or all of the following information:
- information that we may require to initially identify you, including but not limited to your full name (or the name of your business), age, date of birth and job title;
- information that we can use to contact you, including but not limited to your telephone number, facsimile number, mobile number, email address and mailing address;
- information that we will require when registering you as an investor and opening an account with us for the provision of appropriate products and services, including but not limited to:
- personal details, such as full name (or the name of your business), age, date of birth, job title and any identification documents;
- contact details, such as your telephone or facsimile number, mobile number, email address and mailing address; and
- any financial information that may be relevant to the registration of you as an investor or the opening of an account with us for the provision of appropriate products or services, such as financial accounts and banking accounts;
- information that we can use to:
- process your requests for products or services provided by us; or
- process any investment transactions (including any purchases and sales) on your behalf,
including but not limited to your credit card number, name on the credit card, credit card expiry date and credit card security code, bank account type, bank account name, bank account number or IBAN, BSB, BIC/SWIFT codes, name and address of your bank;
- information that may be used for statistical purposes, or to improve our Website, products, services and performance, including but not limited to the date and time of your visit of our Website, the web pages you have accessed from our Website; the documents you have downloaded from our Website, your IP address and the operating system and internet browser you are using to access our Website.
- The information we require from you will depend on the specific products or services that we are providing to you. We will only collect personal information from you that we reasonably require in order to fulfil your request or satisfactorily provide products or services that you require from us.
- The Act places restrictions on us collecting sensitive information about you (which includes information about your religion, political views, ethnicity, criminal records and sexual preferences). Generally we will not collect this type of information, however we may need to collect some sensitive information if you are applying for a job with us, and you have provided us with your consent to do so.
Why do we require your personal information?
- There are various reasons why we might need to collect, hold, use or disclose your personal information and this will depend upon the specific products or services that we are providing to you but we will tell you the main reason for asking for your personal information at the time when we ask you to provide it.
- Usually, the main reason that we will need to collect your personal information will be relating to a good or service that we are providing to you or are about to provide to you and for contacting you in relation to those products or services. Our main reason for collecting your personal information will revolve around providing support to you and/or processing any of your queries or requests for products or services provided by us.
- We may also use your personal information for other reasons, including:
- to contact you in relation to special offers, a product or service or market research surveys that you might be interested in;
- to email a copy of the latest our newsletter or any other news related to us, updates, notifications or marketing material;
- to enforce our policies;
- to update our share register;
- preventing fraud and other criminal activities;
- to assist us to run our business and to improve our Website, products, services and performance, including staff training, accounting and auditing, risk management, record keeping, archiving, systems development, developing new products and services and undertaking planning, research and statistical analysis and data analytics; and
- to comply with our legal obligations.
- There is no obligation for you to provide us with any of your personal information but if you choose not to provide us with your personal information, we may not be able to satisfy any requests or to provide the information, products or services that you require.
How do we collect your personal information?
- The means by which we collect your personal information will depend on the nature of the products or services that we are providing to you.
- We may collect your personal information:
- directly from you, either in person, via email or our Website or any other social media platforms or over the phone;
- when you complete any request, whether in person or online which requires that we:
- process your requests for products or services provided by us; or
- process any investment transactions (including any purchases and sales) on your behalf;
- from publicly available sources, for example, the electoral role, the telephone directory or from third party websites.
- We will always collect your personal information directly from you unless it is impracticable to do so.
Collecting and disclosing personal information about others
- Wherever possible, we will collect personal information directly from the relevant individual to whom that information relates.
- You represent and warrant to us that where you provide personal information to us about another person:
- you are authorised to provide that information to us;
- you have obtained the express consent of the individual to disclose their personal information to us for the use of that personal information by us, including for the purposes outlined in this policy;
- you have complied with the Privacy Act, including the APPs in collecting that personal information, including by making all relevant notifications required under APP 5 and specific to our use of the personal information; and
Unsolicited personal information
How do we use or disclose your personal information?
- We may use and disclose your personal information for the purposes for which it was collected or for a related purpose such as:
- to consider your request for a product or service;
- to enable us to provide a product or a service to you;
- to carry out, or respond to, your requests;
- to enforce our policies;
- to our third party service providers, including but not limited to any third party service providers who assist us in providing, and improving, our services to you, and to analyse market trends and better understand your needs or to develop, improve and market our products and services to you;
- for regulatory reporting and compliance with our legal obligations;
- to relevant third parties to undertake fraud checks;
- to various courts, tribunals, regulatory bodies and law enforcement officials and agencies as required by law, including but not limited to protecting against fraud and for related security purposes, or to establish or exercise our right to defend against legal claims;
- to respond to any claims that content which you submitted violates the rights of any other person;
- to protect the rights of any person;
- to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
- to use in direct marketing of promotions, products and services that we, or our third party service providers, think may be of interest to you;
- to seek your feedback in relation to particular products or services, customer satisfaction and our relationship with you and to manage any customer complaints;
- to companies or entities related to us for any of the purposes referred to in this policy;
- to our business partners, where from time to time, we partner with other companies to provide co-sponsored or co-branded products or services and may share your information with our co-sponsor;
- to another company and its related entities, in the event that we, our Website or a related asset or line of business is acquired by or transferred to that other company;
- to monitor or improve the quality and standard of goods and services that we provide to you;
- to consider any concerns or complaints you may raise against us;
- to our employees, insurer, third party contactors or to our sponsors on a confidential basis;
- to our agents, successors and/or assigns;
- to companies or entities who we are acting as agent or publisher, such as societies or our affiliated companies;
- to any person as authorised by you;
- to notify you of offers that may be of interest to you;
- to better understand your preferences; and
- where such a disclosure is permitted under the Act.
Do we share your personal information with others?
- Wherever possible, we will limit the information provided to independent third parties to that information required for those third parties to properly perform their functions.
Do we use your personal information for marketing purposes?
- As part of the goods or services that we provide to you, we may:
- use personal information that we have collected about you to identify a product or service that may benefit you;
- contact you from time to time to let you know about a product or service or event that we believe you might be interested in; and
- disclose your personal information to any third parties or to any entities or companies related to us to enable them to tell you about a product or service that you might be interested in.
- Where we intend to use your personal information for direct marketing purposes, we will seek your consent to do so prior to using your personal information. You can opt-out, unsubscribe or make a request not receive direct marketing communications from us, by calling (02) 8624 6130 or email at [email protected] Additionally, each direct marketing communication will include an opt-out or “unsubscribe” option which will immediately indicate to us that you no longer wish to receive communications of this kind.
- You may make a request that we do not disclose your personal information to facilitate direct marketing by another organisation and you may request that we provide you with the source of any personal information we use for direct marketing purposes. Any such requests will be actioned within a reasonable period of time and there will be no charges to you for making, or to you from us actioning, such requests.
How do we store your personal information?
- We have implemented appropriate processes and techniques to protect personal information from loss, misuse and interference and from unauthorised access, modification or disclosure. In addition, access to your personal information is limited to those who specifically need it to conduct their responsibilities.
- We take all necessary steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from loss, misuse and interference and from unauthorised access, modification or disclosure.
- While care is taken to protect your personal information, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
What if there is a breach in relation to my personal information?
- We take breaches of your privacy very seriously. In the event that there is a data breach relating to personal information that we hold about you, such as loss of, unauthorised access to, or unauthorised disclosure of, the information (Data Breach), we will take immediate steps to contain and remedy any effects of the Data Breach in accordance with the Act. Where required under the Act, we will notify both you and the Office of the Australian Information Commissioner (OAIC) of the Data Breach.
Maintaining your personal information
- We take reasonable steps to ensure that:
- the information that we collect about you is accurate, complete and up-to-date at the time of collection;
- when we use your personal information, it is accurate, up-to-date, complete and accurate at the time of use; and
- if we disclose your personal information, it is accurate, up-to-date, complete and accurate at the time of disclosure.
- You warrant that all information that you provide to us is accurate, complete and up to date at the relevant time.
Will we disclose your personal information to anyone overseas?
- There may be circumstances where we need to disclose your personal information to a third party overseas (Overseas Recipient). This may occur, for example, where we have a database or server hosted outside Australia, or you access our Website from a country outside of Australia.
- Prior to disclosing your personal information to an Overseas Recipient, APP 8.1 requires that we will take all reasonable steps to ensure that the third party recipient of your information complies with the APPs (other than APP 1) in relation to your information, or that the third party recipient is bound by laws that offer you at least as much protection as the APPs and that you are able to enforce your rights under those international laws in the event of any breach unless an exception applies (the Overseas Disclosure Obligations).
- We will take all reasonable steps to satisfy our Overseas Disclosure Obligations.
- We will not send personal information to organisations outside of Australia unless:
- we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act, or the APPs;
- the recipient is subject to a privacy scheme similar to the Privacy Act; or
- you have consented to the disclosure.
How can you access your personal information?
- Usually we will be able to provide you with access to your personal information upon receipt of your written request, by email sent to [email protected], and confirmation of your identity. There are some limited circumstances in which we may not be able to provide you with access to your personal information when requested. Such circumstances might include where access would pose a serious threat to the life, health or safety of another person or where such access would unreasonably impact on the privacy of others.
- Where you request access to your personal information, we will respond to any such request in accordance with the Act.
- We may recover from you our reasonable costs of supplying you with access to your personal information but we will not charge you for any request you might make to access your information.
How can you seek to correct your personal information?
- We do what we can to ensure that the information we hold about you is accurate, complete, up-to-date, relevant and not misleading. To assist us to do this, it is imperative that you provide us with correct information at the time you provide it to us and immediately inform us if any of the information changes at any time. You may make a request that we correct any of your information. We would prefer your request to be in writing. This can be made by email sent to [email protected].
- We will respond to any requests regarding the correction of your personal information within a reasonable period after the request is made and in accordance with the Act.
- We will not charge you for any request to correct your personal information, nor will we pass on to you any costs incurred by us in correcting your personal information or for associating a statement with your personal information.
What if you want to make a complaint about some aspect of our privacy procedures?
- We are committed to maintaining and protecting your privacy but it is possible that in limited circumstances, mistakes might be made. If you are concerned with the way your personal information has been handled then you are entitled to make a complaint. If you would like to lodge a complaint, please contact us by email sent to [email protected].
- If your personal information has not been handled in an appropriate way, we will do our best to remedy your concerns as quickly as possible.
- If your complaint is not satisfactorily resolved, you may approach an external dispute resolution service or apply to the OAIC to have the complaint heard and determined.
Protecting your identity
- Wherever it is practicable, we will always provide you with the option not to identify yourself when dealing with us. Alternatively, you may elect to use a pseudonym to protect your identity.
Changes and exemptions to this policy
How can you contact us?
- Please find below our contact details. Please do not hesitate to contact us in relation to any privacy-related concerns and we will use our best endeavours to address any such concerns thoroughly and in a timely manner.
Via email: [email protected]
Via phone: 02 8624 6130
In person: Level 5, 97 Pacific Highway, North Sydney NSW 2060
- If it is practical to do so, you can contact us without identifying yourself. However, if you choose not to identify yourself, it may be more difficult for us to assist you with your enquiry. This will depend on the nature of your enquiry.
Express consent to collection, storage, use and disclosure
Cosmos Capital Limited A.C.N. 636 458 912 (referred to as “Cosmos”, “we”, “us”, “our”) is the owner of this website (Site).
- any guidelines, rules or disclaimers that may be posted and updated on the Site (or any part of it) from time to time or on notices that we send to you.
LIMITATIONS ON USE
All content appearing on or included in the Site and produced, published, displayed, transmitted or created by Cosmos, including site layout, design, images, programs, text and other information (collectively, the “Content”) is the property of Cosmos and its affiliated companies or licensors and is protected by the Patents Act 1990 (Commonwealth), the Trade Marks Act 1995 (Commonwealth), the Copyright Act 1968 (Commonwealth), the Designs Act 2003 (Commonwealth) and other intellectual property laws.
You must in all cases keep intact all copyright and other proprietary notices.
You must not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written consent of Cosmos, such consent may be withheld at the sole and absolute discretion of Cosmos.
You must not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person or entity (including, without limitation, the intellectual property rights of any person or entity), which is abusive, hateful, profane, injurious to minors, pornographic, threatening, misleading, fraudulent, defamatory, libellous, harassing, obscene or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law.
Cosmos may at any time, in its sole and absolute discretion, exercise editorial control over the content of the Site.
You must not, without the prior written consent of Cosmos (such consent may be withheld in the sole and absolute discretion of Cosmos) use the Site to publish or distribute any advertising, promotional material including any Content, or solicit to other users of the Site to use any goods or services. For example (but without limitation), you must not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you must not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.
You must not link any third party website to the Site or link the Site to a third party website (Unauthorised Link), without the prior written consent of Cosmos (such consent may be withheld in the sole and absolute discretion of Cosmos).
You acknowledge and accept that Cosmos is entitled to, and shall, require you to remove any Unauthorised Link which you install on the Site.
This Site and all intellectual property rights, including graphics, logos, trademarks, design, text, icons, the arrangement of them, sound recordings and all software relating to this Site, are owned by us, or in some cases, a related body corporate or third party. These intellectual property rights are protected by Australian and international laws.
You may view our Site and its contents for personal and non-commercial use only and subject to the Copyright Act 1968 (Commonwealth) and similar legislation. You may not in any form or by any means reproduce, modify, distribute, store, transmit, publish, or display within another website, or create derivative works from any part of this Site, or commercialise, any information obtained from any part of this Site without our prior written permission or, in the case of third party material, from the owner of the copyright in that material.
Nothing contained in this Site is to be interpreted as a recommendation to use any information on this Site in a manner which infringes the intellectual property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Site will not infringe such intellectual property rights.
USE OF YOUR INFORMATION AND MATERIAL
We appreciate any suggestions (unsolicited ideas) you may have regarding ways in which this Site may be improved or materials which we may add to this Site. Any unsolicited ideas that you submit to us will not be regarded as confidential and will become our property. We may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
LINKS TO OTHER SITES
The Site may contain links to other websites which are owned or operated by third parties. These links are provided for convenience only and may not remain current or maintained. We should not be construed as endorsing, approving, recommending or giving preference to these third parties or their websites, or any information, products or services referred to on those third party websites unless expressly stated.
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Site at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security.
Given the nature of the internet, we cannot guarantee that this Site is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Site will be uninterrupted, error free or that any defects will be corrected. You assume the risk of any damage to your property as a result of using this Site, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Site or any linked website.
DISCLAIMER OF WARRANTIES AND EXCLUSION OF LIABILITY
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Site or to its availability, functionality or performance. You expressly agree that your use of the Site is at your sole risk.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Site or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Site. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
The use of the information on this Site is at your own risk. To the maximum extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this Site or provided through this Site through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
To the full extent permitted by applicable laws, neither Cosmos, its related entities, affiliates, nor any third-party content providers or licensors make any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH COSMOS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
NEITHER COSMOS NOR ANY OF ITS, RELATED ENTITIES, AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE.
IN NO EVENT WILL COSMOS, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
COSMOS AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN LEGISLATION, INCLUDING THE COMPETITION AND CONSUMER ACT 2010 (COMMONWEALTH), MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons (including without limitation, licensors, affiliates, parent companies and subsidiaries) involved in the creation of this Site from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Site, your interactions with other users of the Site, third party developers or any other parties with whom you interact through the Site, or otherwise, any information that you provide to us via this Site or any damage that you may cause to this Site. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the Competition and Consumer Act 2010 (Commonwealth).
EVENTS OUTSIDE OUR CONTROL
If you access this Site in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. We make no representations that the content of this Site complies with the laws of any country outside Australia.
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