Privacy Policy

Artefact Capital Pty Ltd (ACN 697 418 438) (‘Artefact’, ‘we’ or ‘us’), is committed to protecting your personal information in accordance with the Australian Privacy Principles provided for under the Privacy Act 1988 (Cth) (‘Privacy Act’). These principles govern how we can collect, use, hold and disclose your personal information.

What kinds of personal information do we collect and hold?

When you apply any of our financial products or services, we may collect information that is necessary to be able to provide you with the product or service. For instance, we may ask for identification information such as your name, address, and date of birth. Any unsolicited personal information we may collect will be promptly destroyed.

We may also collect other information as may be required from time to time either to provide financial products and services to you or ensure compliance with the law.

Why do we collect, hold, use and disclose personal information?

The main reason we collect, use, hold and disclose personal information is so we can service your request concerning the prospective financial product or service. This may include:

•            Checking your eligibility for receiving the financial product or service;

•            Providing you with the appropriate disclosure materials; and

•            Helping you manage your engagement with the financial product or service.

How do we collect personal information?

We collect most personal information directly from you. Sometimes we collect personal information about you from other people such as publicly available sources of information.

Some of our products and services are offered by intermediaries such as financial planners, solicitors and/or accountants and we may collect personal information about you from these third parties, if and where applicable.

How do we hold personal information?

Much of the personal information we hold will be stored electronically and securely by us at the offices of our administrator.  We use a range of security measures to protect the personal information we hold.

Who do we disclose your personal information to, and why?

Sometimes we may disclose your personal information to organisations outside Artefact. For example, with the administrator of the Fund, so that it may perform its duties for the Fund and our services.

What is an eligible data breach?

In accordance with the Notifiable Data Breaches (‘NDB’) scheme of the Privacy Act, we (along with our service providers) will notify you of any unauthorised access, disclosure or loss of personal information.

In these circumstances, we perform an assessment to determine if there has been an ‘eligible data breach’. To do so, we consider if the access or disclosure of personal information is likely to result in serious harm to the individuals affected by the suspected data breach.

If we determine there has been an ‘eligible data breach’, you will be notified as soon as practicable. We will notify you with the details of the breach and the recommended steps to take to mitigate any concerns. As required, we will report an ‘eligible data breach’ to the Office of the Australian Information Commissioner (‘OAIC’).

In summary, subject to certain exemptions, the NDB scheme requires us to:

·       carry out a reasonable and expeditious assessment if there are reasonable grounds to suspect that there may have been an eligible data breach (and to take reasonable steps to complete that assessment within 30 days); and

·       make the prescribed notifications (to OAIC, and if practicable, to affected individuals) as soon as we are aware that there are reasonable grounds to believe that there has been an eligible data breach. The notifications must include a description of the data breach, the kinds of information concerned and recommendations about the steps individuals should take in response to the data breach.

Who do we notify when there is a data breach of your personal information?

We are obliged to notify individuals whose personal information is involved in a data breach that is likely to result in serious harm (i.e. eligible data breaches). This notification must include recommendations about the steps individuals should take in response to the breach. The OAIC must also be notified of eligible data breaches.

Do we disclose personal information overseas?

We may disclose your personal information to recipients located outside Australia. These entities may include our service providers, which perform technology, operational and customer service functions on our behalf and may have hosting and cloud service providers in locations outside of Australia.

We will only do so in compliance with all applicable Australian data protection and privacy laws. We will not disclose your personal information to an overseas recipient unless we have taken reasonable steps to ensure that the recipient protects your privacy according to the Australian Privacy Principles. Nor will we sell your personal information or otherwise disclose it to a third party for a purpose which unrelated to a product or service we are providing to you.

We have a strict duty to maintain the privacy of all personal information we hold about you, however certain exceptions may apply. For example, disclosure of your personal information may be authorised or required:

·       By law (e.g. disclosure to courts under subpoena or to various government departments and agencies such as the Australian Taxation Officer).

·       In the public interest (e.g. where a crime, fraud or misdemeanour may be committed or suspected or with your consent, your consent may be implied or express and it may also be verbal or written).

Do we use or disclose personal information for marketing?

We may use your personal information to offer you other products and services that we believe may interest you. We will not do this if you tell us not to.

If you don't want to receive marketing offers from us, please contact us on the details listed at 'Contact us'.

Access to and correction of personal information

You can request access to the personal information we hold about you. You can also ask for corrections to be made on information that you may believe is inaccurate, incomplete or out of date.

To request access or to make any corrections, please contact us on the details listed at ‘Contact us’.

Resolving your privacy concerns and complaints - your rights

If you are concerned about how your personal information is being handled or if you would like to make a complaint, please contact us on the details listed at 'Contact us'. We will endeavour to respond to any privacy complaints within 30 days.

If you are not satisfied with our response to your privacy complaint, you may seek a review by contacting the OAIC:

Website:             www.oaic.gov.au/contact-us

Phone:                1800 363 992

Email:                  enquiries@oaic.gov.au

Mail:                    Office of the Australian Information Commissioner

                             GPO Box 5288

                             Sydney NSW 2001

Contact us

If there is anything you would like to discuss, please contact us. If you have any questions or concerns about our privacy policy or practices, please contact us using one of the following methods:

Contact form: www.artefactcapital.com

Email: info@artefactcapital.com

Phone:

Terms of Use

Version 1.0

1. Website Terms of Use

   Artefact Capital Pty Ltd ACN 697 418 438 (referred to as 'Artefact Capital', 'our', 'we' or 'us'), operates the website www.artefactcapital.com (the 'Website') and has prepared and issued the information contained therein. Artefact Capital is authorised by the Australian Securities and Investments Commission under AFSL number 700361 to provide products and services to wholesale clients only. All references to Artefact Capital include a reference to any of its related bodies corporate.

   These terms of use ('Terms of Use') govern your use of the Website and constitute a binding agreement between you and Artefact Capital. By using, browsing or reading material displayed on the Website, you are representing that you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must stop using the Website immediately and refrain from accessing or using the Website or any other services provided by us.

   Artefact Capital reserves the right to amend the Terms of Use (or any referenced documents) from time to time. Any amendments will be posted on the Website and will take immediate effect. If you do not accept the changes, you must discontinue using the Website and refrain from using any services offered by us. By continuing to use the Website you agree to the current version of the Terms of Use (including any amendments that apply to you).

   Artefact Capital may assign its obligations under the Terms of Use, provided that the assignee undertakes to fulfil all obligations specified herein.

   
   

2. Wholesale clients only

   Artefact Capital provides services exclusively to persons who qualify as 'wholesale clients' as defined in Chapter 7 of the Corporations Act 2001 (Cth) ('Corporations Act') ('Wholesale Clients'). Nothing on this Website is directed at, or intended for, retail clients.

   This Website and its content are intended solely for Wholesale Clients, including professional investors, sophisticated investors (as defined in the Corporations Act) and other persons who meet the wholesale client threshold under the Corporations Act. By accessing this Website, you represent and warrant that you are a Wholesale Client and not a retail client. You consent to us requesting further information or documents from you to verify that you are a Wholesale Client.
   We reserve the right to restrict or terminate your access to the Website at any time, without notice, for any reason.

   
   

3. General information only

   The Website and the information it contains have been prepared for general information purposes only. It is not an offer to sell or a solicitation to buy any financial product. Nothing on this Website constitutes financial product advice (whether personal or general), an offer or invitation to subscribe for or purchase any financial product, a recommendation to acquire or dispose of any financial product, or tax, legal or accounting advice.

   While all reasonable efforts have been made to ensure that the information and content contained on this Website is accurate and current, it has been prepared without taking account of your objectives, financial situation or personal needs. Consequently, before acting on any information on this Website, you should consider the appropriateness of the information in view of your own objectives, financial situation and personal needs. You should obtain independent professional advice before making any investment decision.

   Artefact Capital makes no representation and gives no advice in respect of any financial, investment, tax, legal or accounting matters in any jurisdiction, including the suitability of any financial product to any investor. Past performance is not a reliable indicator of future performance.

   
   

4. No offer to the public

   Nothing on this Website constitutes an offer of interests in any fund to the public or to retail clients. Any offer of interests in a fund managed by us will be made exclusively through the relevant Information Memorandum or other offer document, which is available only to eligible Wholesale Clients. You should read the relevant offer document in full before making any investment decision.

   
   

5. Risk warning

   By accessing the Website, you acknowledge understanding and acceptance of the inherent risks associated with investing. Artefact Capital does not provide any guarantees regarding future performance, profitability, dividend payments, or capital return for any investment.

   Forward-looking statements, including statements of opinion, projections, forecasts and other materials, are based on various assumptions, some of which may prove to be incorrect. None of Artefact Capital's associates, officers, employees, agents, advisers or any other person associated with the Website makes any representation regarding the accuracy or likelihood of these forward-looking statements or their underlying assumptions.

   Prior to making an investment you should read the offer document, Financial Services Guide and any other documents relating to the investment and seek advice from your tax, legal and/or financial advisors before making any investment decisions.

   
   

6. Intellectual property rights

   The Website, including all content (such as text, graphics, icons, advertisements, photographs, databases, trademarks, and other information) contained herein, is owned by Artefact Capital, its licensors, suppliers or clients. These Terms of Use do not transfer any intellectual property rights to you.

   Subject to these Terms of Use and applicable laws, Artefact Capital grants you a personal, non-transferable, non-exclusive, and limited licence to download, access, view, use, and display Artefact Capital content made available to you from time to time.

   You must not engage in any activities that violate or interfere with the intellectual property rights of Artefact Capital, or the rights of any third-party licensors of Artefact Capital. This includes, but is not limited to, distributing, reproducing, publicising, altering, modifying, creating derivative works, or commercially exploiting Artefact Capital content without prior written permission from Artefact Capital or the relevant third-party licensor. All rights not expressly granted herein are reserved by Artefact Capital.

   
   

7. Electronic communications

   By using our Website, you consent to using electronic means to agree to, or bind yourself to, legal obligations. When you indicate your agreement or acceptance of Terms of Use, offers, or other documents through electronic means, you are considered to have agreed to or signed them.

   Where required by law or otherwise, we will provide you with any necessary documentation electronically through links on the Website, or other electronic methods we choose to use. It is your responsibility to regularly check your email and the Website for any such documents.

   
   

8. Usernames and passwords

   You play a critical role in safeguarding your personal information by keeping your password used on the Website confidential. Promptly notify Artefact Capital of any unauthorised use of your Website access or any security breaches. You are accountable for maintaining the security of your username and password (or other login details) and ensuring their confidentiality.

   
   

9. Privacy

   By using the Website, you affirm that you will provide accurate, current and complete information about yourself. If you are acting on behalf of a company or other entity, you confirm that you have the authority to disclose information about that entity to Artefact Capital. You also warrant that the information provided is accurate, current, and complete, and that you have the authority to bind the entity to these Terms of Use and any constituent documents.

   Any personal information collected by Artefact Capital through the Website will be handled in accordance with Artefact Capital's Privacy Policy, available at https://artefactcapital.com/legal-page. We may disclose your personal information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. Our handling of personal information is governed by the Privacy Act 1988 (Cth), the Australian Privacy Principles and our Privacy Policy which is prepared according to these standards. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms of Use.

   
   

10. Third-party activities

    The Website may include links to websites operated by third parties where content is not controlled by Artefact Capital ('Linked Sites'). Links to Linked Sites are provided for convenience only. The presence of a link to a Linked Site does not signify Artefact Capital's endorsement of that Linked Site or any content created or uploaded by a party other than by Artefact Capital ('Third-Party Content').
    Artefact Capital exercises no control over and assumes no responsibility for any Linked Site or Third-Party Content. You access Linked Sites at your own risk, and Artefact Capital disclaims all guarantees and warranties, whether express or implied, regarding the accuracy, value, legality, or any other aspect of material or information contained on a Linked Site and in Third-Party Content to the fullest extent permitted by law.

    Your use of Third-Party Content (including that found on Linked Sites) may be subject to the terms of use set by the third party. It is your responsibility to review and comply with such terms.

    
    

11. Liability

    Artefact Capital excludes all representations, warranties, guarantees, and conditions to the fullest extent permitted by law, whether express or implied (including those implied by statute, custom, or otherwise) except as expressly stated in these Terms of Use.

    The Website and content supplied by Artefact Capital are provided to you 'as is' and on an 'as available' basis, without any representation, endorsement, or warranty of any kind, whether express or implied. Artefact Capital does not guarantee continuous, uninterrupted, or secure access to the Website, nor that its servers are free of computer viruses, bugs, or other harmful components, or that any defects will be corrected. You may experience disruptions or other difficulties in using the Website.

    To the extent permitted by law, Artefact Capital assumes no liability for any loss or cost you may incur as a result of or in connection with any disruptions or other difficulties in using the Website.

    Artefact Capital excludes all liability for any damages or losses (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or any loss of business, interest, goodwill, revenue, profit, or loss or corruption of data) arising from your access to, use of, or inability to use the Website, or otherwise in connection with:
    • your reliance on the Website (including Artefact Capital content, Linked Sites or Third-Party Content), however caused (including without limitation, damages or loss arising in contract, tort, negligence, statute or otherwise), and
    • the accuracy, timeliness, credibility, quality, utility, or completeness of the information on the Website, and/or any errors or omissions in its content, whether or not Artefact Capital is aware of such errors or omissions.

    You agree to indemnify Artefact Capital, its associates, officers, employees and agents from any loss, damage, expense (including legal expense), and penalties incurred or suffered by any of them arising from:
    • your material breach of these Terms of Use (including breach of representation, obligations or warranty),
    • any misuse or unauthorised use of Artefact Capital's content in breach of these Terms of Use, and
    • any act of fraud or wilful misconduct by you or on your behalf.

    These obligations to indemnify are ongoing, separate and independent, survive termination of these Terms of Use, and are absolute, unconditional, and unaffected by anything that might affect the liability of the party obligated to provide indemnification.

    
    

12. Lawful use and prohibited conduct

    You may only use this Website for lawful purposes and for the purposes explicitly outlined and authorised in these Terms of Use. You must not use the Website for any unlawful purpose or in breach of any applicable law, attempt to gain unauthorised access to the Website, its servers or any connected systems, introduce any virus, malware or other harmful code to the Website, use automated tools (such as bots or scrapers) to access or collect data from the Website, or interfere with the proper functioning of the Website.

    You must not use the Website to collect any personal information on other individuals or for any unlawful purpose. You, and your associates or related bodies corporate, must not violate, attempt, or procure another person to violate, the security of the Website.

    We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone using the Website which the authority claims violates any applicable law.

    
    

13. Anti-money laundering

    In accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ('AML/CTF Act'), we are obligated to identify and verify the identity of investors. To fulfil this requirement, we must collect specific information and documentation from each investor. Failure to provide this information will result in your application not progressing, and we cannot be held liable for any resulting loss. We may also need to request additional information from you to comply with ongoing customer due diligence obligations under the AML/CTF Act.

    Under the AML/CTF Act, we are required to retain copies of the information and documentation collected from you and may, under certain circumstances, disclose this information to the Australian Transaction Reports and Analysis Centre ('AUSTRAC') or other government bodies. Except for disclosures permitted or required by the AML/CTF Act or statute, we will maintain confidentiality of your information in accordance with relevant legislation.

    
    

14. Termination

    We may, in our discretion and without limiting the remedies available to us, at any time terminate your access to all or part of the Website if you have materially breached any provision of the Terms of Use or any applicable law, your conduct adversely impacts our name or reputation or violates the rights of any party, we are required to do so by law, or the provision of the Website to you is, in our opinion, no longer commercially viable.

    When the agreement between you and Artefact Capital constituted under these Terms of Use comes to an end, all of the legal rights, obligations and liabilities that you and we have benefitted from, been subject to, or which have accrued over time whilst the Terms of Use have been in force, or which are expressed to continue indefinitely, shall be unaffected by this cessation.

    
    

15. Severability

    If any part of these Terms of Use is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms of Use shall remain in force.

    
    

16. Governing law

    These Terms of Use are governed by and construed in accordance with the laws of New South Wales. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of New South Wales.