XY ADVISER PRIVACY POLICY

1. ABOUT

  1. (1) The Platform is operated by XY Adviser Pty Ltd (ACN 45 606 168 781) (‘XY’). XY functions solely as the operator of the Platform which includes the following products and services:
    1. (a) a professional network (‘XY Advisers App’) through which financial advisers (‘Financial Advisers’) can share information and ideas with each other on financial services in a secure environment; and
    2. (b) Software as a Service (SaaS) tool (‘XY Pulse’) for financial institutions (‘Financial Institutions’) to access and process financial data analysis and marketing research which will include deidentified Market Research Data.
  2. XY may offer additional services on the Platform from time to time which may include education, training, events, and podcasts.
  3. (‘Services’)
  4. XY makes available the Platform only and does not provide financial advice or financial services. You agree that XY is not a financial services provider or financial advisor and is not responsible for any advice given or liable for any transactions made within the Platform or any part of it.
  5. (2) XY values transparency and privacy. We are committed to protecting the personal information (‘Personal Information’) that we collect, store and use when you access our Platform and Services.
  6. (3) We adhere to the Australian Privacy Principles contained under the Australian Privacy Principles (‘APPs’) in the Privacy Act 1988 (Cth), the Privacy Amendment (Notifiable Data Breaches) Act 2017 (‘NDB’), and the EU General Data Protection Regulation (‘GDPR’) (collectively ‘Privacy Laws’).
  7. (4) We may update this Privacy Policy from time to time to reflect changes in how we handle Personal Information and to reflect any changes to the Privacy Laws. Updates to this Privacy Policy will be effective upon posting to the Platform.
  8. (5) In this Privacy Policy, “we”, “our,” or “us” means “XY”. Any reference to “you” or “your” means you, as a user of our Platform and/or Services.

2. THE MEANING OF PERSONAL INFORMATION

  1. Personal Information is information about an individual whose identity is apparent or can reasonably be ascertained from that information (‘Personal Information’).

3. PURPOSE

  1. (1) Please read this Privacy Policy carefully as it sets out how we collect, store, use and safeguard your Personal Information.
  2. (2) This Privacy Policy will give you an understanding of:
    1. (a) the types of Personal Information we collect;
    2. (b) how and when we collect, use, store, disclose and otherwise handle Personal Information;
    3. (c) the purposes for which we collect, use, and disclose Personal Information;
    4. (d) how you may access your Personal Information;
    5. (e) how to update your Personal Information;
    6. (f) how you can make a complaint and how we deal with any such complaint; and
    7. (g) how to contact us.

4. ACCEPTANCE

  1. (1) By accessing our Platform and entering your details via ‘contact us’, or by subscribing to our mailing list or using our Services, you consent to the collection, use and disclosure of your Personal Information in accordance with this Privacy Policy.
  2. (2) By registering for a login or member account (Account) where made available on our Website, you will be required to accept our Terms and Privacy Policy. You will be given notice of acceptance through the user interface as follows:
  3. You agree that you’ve read and accept our Website Terms and Conditions and you consent to our Privacy Policy. If you are under 18 years of age you must have and warrant to the extent permitted by law that you have your parent or legal guardian’s permission to register and create an account on our Website.

5. TYPES OF PERSONAL INFORMATION WE COLLECT

  1. (1) We receive and store Personal Information you provide to us through the supply of our Services, through your use of our Platform, or when we answer your queries.
  2. (2) Personal Information is collected only when it is knowingly and voluntarily submitted with your consent. For example, we may need to collect this information to provide you with our Services or to answer any requests or enquiries.
  3. (3) We only collect Personal Information that is reasonably necessary for the purpose of our functions.
  4. (4) We ask you to provide Personal Information and obtain other information from you when you use our Platform and avail our Services. This Personal Information may include:
    1. (a) first name and last name;
    2. (b) post code, telephone/mobile numbers and email address;
    3. (c) payment data captured via Zoho Subscriptions/Stripe;
    4. (d) geolocation data;
    5. (e) IP address;
    6. (f) Facebook and LinkedIn user details; and
    7. (g) any other information collected or required so that we can supply you with our Services.
  5. (5) We may collect additional information from you at other times, including but not limited to, when you provide feedback, change your content or email preference, respond to surveys, or when you email us or communicate with our support team.
  6. (6) For any of our Services that require a login and password (‘Login Details’), it is your responsibility to keep your Login Details confidential and secure. You must not give your Login Details to any other person. You must notify us immediately if you are aware, or believe, that someone other than yourself has access to your Account. You should also take measures, such as changing your Login Details regularly, so that your Account is secure.
  7. (7) We also collect and use Personal Information to improve our Services through marketing communications.
  8. (8) When we collect your Personal Information for marketing purposes, it will be in circumstances where you would reasonably expect the data to be used for marketing purposes, and we will always give you a means to “opt out” of any marketing communications.
  9. (9) You are solely responsible for:
    1. (a) the accuracy, quality, integrity, legality, reliability, and appropriateness of the Personal Information that you provide to us, and
    2. (b) accessing and updating that Personal Information if it is inaccurate or incomplete.
  10. (10) You also have the option of not providing your Personal Information to us. If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Platform and Services or for you to access certain parts of our Website or for us to respond to your queries and requests.

6. HOW WE COLLECT YOUR PERSONAL INFORMATION AND OTHER INFORMATION

  1. (1) When you use our Platform and our Services, we collect Personal Information from you in a variety of ways. The ways we collect Personal Information can be broadly categorised into the following:
    1. (a) Information you provide to us directly: When you use some parts of our Platform and/or the Services we might ask you to provide Personal Information to us. For example, we ask for your contact information when you sign up, direct data entry from you, respond to an email from us or an email offer, participate in community forums, join us on social media, take part in training and events, contact us with questions or request support. If you do not want to provide us with personal data, you do not have to, but it might mean you cannot use some parts of our Platform or Services.
    2. (b) Information we collect automatically: We collect some information about you automatically when you use the Platform and/or Services, like your IP address and device type or when we obtain data feeds through our software tools. We also collect information when you navigate through the Platform and Services, including what pages you looked at and what links you clicked on. This information is useful for us as it helps us get a better understanding of how you are using our Platform and Services so that we can continue to provide the best experience possible.
    3. (c) XY Adviser Event/Content: By actively registering through an opt-in form for an XY Adviser internal event or external event or downloading content (‘Content’) from one of the XY Adviser attendees, partners or the Content, you give us express to share your registration and/or content recipient details with the internal or external event and/or content partners. The Content may include, webinars, podcasts, white papers, videos, courses or any other consumable materials. You are entitled to withdraw your consent at any time by contacting us at the contract details on our Platform or through the opt-in form or opt-out form we will provide for each Event or Content occurrence. You have the right to request removal of any of your data upon request to us. If you prefer not to hear from us, you can stop receiving our Event or Content updates at any time by contacting us at the contact details on our Platform.
    4. (d) Information we get from third parties: The majority of information we collect, we collect directly from you. Sometimes we might collect Personal Information about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. We may use this information to supplement the Personal Information we already hold about you, in order to better inform, personalise and improve our Services, and to validate the Personal Information you provide.
  2. (2) XY will use reasonable endeavours to only collect your Personal Information directly from you, including through the use of online forms. If you are disclosing details of another person (for example, where you are subscribing on their behalf), it is your sole responsibility to ensure that that person understands and consents to the collection, use and disclosure of their Personal Information in the manner set out in this Privacy Policy.

7. WHAT WE DO WITH YOUR PERSONAL INFORMATION

  1. (1) We use your Personal Information and you consent to us using your Personal Information to:
    1. (a) verify your identity;
    2. (b) provide you with our Services;
    3. (c) supply you with and market the Services on our Platform;
    4. (d) provide you with information and updates about our Platform and our Services;
    5. (e) communicate with you by a variety of measures including, but not limited to, telephone, email, SMS or mail;
    6. (f) manage, research and develop our Services, including through data analytics;
    7. (g) gain an understanding of your information and communication needs or obtain your feedback or views about our Services in order for us to improve them;
    8. (h) administer our business activities and internal record keeping;
    9. (i) detect, prevent and address technical issues; and
    10. (j) meet legal, regulatory and compliance obligations.
  2. (2) We may disclose your Personal Information to third parties where:
    1. (a) the disclosure is directly related to the purpose for which the Personal Information was collected, and we have no reason to believe that you would object;
    2. (b) you are likely to be aware, or have been made aware, that Personal Information of that kind is usually disclosed;
    3. (c) where we believe on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of you or another person; or
    4. (d) where that disclosure is authorised, otherwise permitted or required by law.
  3. (3) We may also disclose, publish and share aggregated data including raw and statistical information including Market Research Data in a form that does not identify you individually for research publications and:
    1. (a) to our Financial Advisers; and
    2. (b) to our Financial Institutions
    3. for the purposes of accessing and using financial data analysis and market research.
  4. (4) We also use your Personal Information to assist us in providing our Services to you, to verify your identity, contact you or respond to your queries, and display, update and maintain the Platform and its content.
  5. (5) We may send you Website-related emails, mobile-phone push notifications and messages (e.g., updates of our Terms, Account information, confirmation of your registration, changes and updates to features of our Platform and/or Services and this Privacy Policy, and also technical and security notices).
  6. (6) If you choose to withhold your Personal Information, it may not be possible for us to provide you with our Services or for you to access certain parts of our Platform or for us to respond to your query.

8. LEGAL BASIS IN THE EUROPEAN UNION (EU) FOR THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION

  1. (1) “Personal Information” refers to any information relating to an identifiable natural person who can be identified directly or indirectly (‘Data Subject’) (Article 4).
  2. (2) The GDPR applies to the data processing activities of businesses with an establishment in the EU or where the processing activities relate to offering goods or Services to individuals in the EU or monitor the behavior of individuals in the EU.
  3. (3) If you are an individual residing in the EU, we may collect and process Personal Information about you in accordance with the GDPR. A “Controller” says how and why Personal Information is processed and a “Processor” acts on behalf of the Controller by processing the data.
  4. (4) When you subscribe to our Services, we process Personal Information on your behalf as a Processor where you are the Controller and otherwise to the extent that we are a Controller as defined in the GDPR.
  5. (5) “Processing” means any operation or set of operations that is performed upon Personal Information or sets of Personal Information whether automated or not including for collection, recording, organisation, structuring, storage, adaption, or alteration, retrieval, consultation, use, disclosure by transmission or for dissemination.
  6. (6) As we are a Processor of Personal Information on your behalf as the Controller, we must provide you with the:
    1. (a) the legal basis for collecting Personal Information;
    2. (b) which items of Personal Information to collect;
    3. (c) the purposes the Personal Information is to be used for;
    4. (d) which individuals to collect Personal Information about;
    5. (e) whether to disclose the Personal Information and to whom;
    6. (f) whether Data Subject access and other rights apply;
    7. (g) how long to retain the Personal Information and whether to make amendments to the Personal Information.
  7. (7) The legal basis for which we collect Personal Information from you depends on the Services you use and how you use them. XY will only collect and use your Personal Information on the following legal bases: under the Terms of our contract to provide you with our Services, when you give us your express consent to use and process Personal Information for a specific purpose, for the satisfaction of a legitimate interest or to comply with a legal obligation.
  8. (8) We will only otherwise collect your Personal Information with your express consent for a specific purpose and any Personal Information collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.
  9. (9) As a Processor, we process Personal Information in accordance with your documented instructions and we will not engage another processor without your prior specific and written consent. We will make available to you all information necessary to show our compliance with the GDPR including that we have taken appropriate security measures to protect the Personal Information in accordance with the GDPR. We will delete or return the Personal Information to you at the end of our Services in accordance with your explicit instructions.
  10. (10) In the event of a Personal Information breach including any breach of security that leads to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Information transmitted, stored or process, we will report the breach to you without undue delay after becoming aware of the breach, and not later than 72 hours after the breach giving you a description of the nature of the breach.
  11. (11) Unless otherwise required by contractual obligation or any other legal basis, we only store your Personal Information while it remains necessary, or if the purpose of the processing could not reasonably be fulfilled by other means.
  12. (12) If you are under the age of 16, we request that you obtain and provide parental consent before using our Services and Services as required by the GDPR.

9. THE PERSONAL INFORMATION RIGHTS OF INDIVIDUALS UNDER THE GDPR

  1. (1) If you are an individual residing in the EU, you have certain rights as to how your Personal Information is being controlled and used.
  2. (2) We comply with your rights under the GDPR (subject to the grounds set out in the GDPR) that permit you:
    1. (a) to be informed as to how your Personal Information is being used;
    2. (b) to access your Personal Information and to know specifically what information is held about you and how it is processed, where and for what purpose (we will provide you a copy of your Personal Information in electronic format free of charge if requested);
    3. (c) to rectify your Personal Information if it is inaccurate or incomplete;
    4. (d) to erase your Personal Information (also known as ‘the right to be forgotten’) if you wish to delete or remove your Personal Information;
    5. (e) to restrict processing of your Personal Information;
    6. (f) to retain and reuse your Personal Information for your own purposes (Personal Information portability);
    7. (g) to object to your Personal Information being used; and
    8. (h) to object against automated decision making and profiling.
  3. (3) You can contact us any time to exercise your rights under the GDPR including as to:
    1. (a) request access to Personal Information that we hold about you;
    2. (b) to correct any Personal Information that we hold about you;
    3. (c) delete Personal Information that we hold about you; or
    4. (d) opt out of emails, marketing, and any other push notifications that you receive from us.
    5. We may ask you to verify your identity before acting on any of your requests.
    6. If you have any questions about XY’s collection and storage of data, please contact us at the contact details on our Platform.

10. DISCLOSURE OF YOUR PERSONAL INFORMATION

  1. (1) XY does not disclose your contact information publicly or to other third parties unless it is authorised or required by law, or as otherwise outlined in this Privacy Policy.
  2. (2) From time to time, XY may share or disclose your Personal Information, on a confidential basis, to any of our officers, employees, vendors, service providers, insurers, professional advisers, agents, suppliers, third party service providers or subcontractors and others that we transact with in the ordinary operation of our business, marketing and promotion, user experience research and surveys, Platform hosting, and support and maintenance. We will disclose your Personal Information only for the extent required by our third-party service providers or subcontractors insofar as reasonably necessary to provide our Services to you.
  3. (3) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user information databases, together with any Personal Information and non-Personal Information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality.

11. CLOUD STORAGE

  1. (1) Personal Information that we collect from you will be stored in servers located in Australia.
  2. (2) We only employ third-party data processors and technology tools that have sufficient security measures in place to protect and safeguard your data and your Personal Information will be treated in accordance with the purposes described in this Privacy Policy.

12. DATA OWNERSHIP

  1. (1) You, as a user of our Services (‘User’) own all rights, title and interest in the content and Personal Information that you provide to us (‘User Data’).
  2. (2) You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your User Data.
  3. (3) You grant to XY, or to any third parties used by us to provide the Platform or our Services and any associated software, a non-exclusive, worldwide and royalty free licence to use, copy, display, perform, distribute, disseminate, transmit, translate, edit, cache and create derivative works of User Data subject to our obligations under these terms.
  4. (4) XY or any related entities owns all rights, title and interest in any data or information that we create, generate, compile, derive or produce in connection with any supply of our Platform. Platform or our Services, including data and information that is:
    1. (a) aggregate or raw or statistical relating to usage, analyses and results of the Platform;
    2. (b) for the purpose of optimising delivery, commercialisation and performance of our Platform; and
    3. (c) samples and prototypes, conclusions, techniques, know how, methods, and undocumented findings generated in the usual course of our business.

13. PLATFORM USER EXPERIENCE TRACKING

  1. (1) We, and, in some instances, our third-party tracking-utility partners automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
  2. (2) XY uses this information, which does not identify individual users, to analyse trends, to administer the Platform, to track users’ movements around the Platform and to gather demographic information about our user base as a whole.
  3. (3) XY and its marketing and development partners, affiliates, and analytics or third-party service providers or subcontractors, such as online member support provider and email marketing system, use technologies such as cookies, beacons, tags and scripts. These technologies are used in analysing trends, administering the Platform, tracking users’ movements around the Platform and gathering demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as on an aggregated basis.

14. COOKIES

  1. (1) XY uses cookies for authentication purposes and for tailoring the Platform according to user preferences. A cookie is a text file or a packet of information that is placed on your hard disk by a web page server to identify and interact more effectively with your computer. There are two types of cookies that may be used at this site: a persistent cookie and a session cookie. A persistent cookie is entered by your web browser into the “Cookies” folder on your computer and remains in that folder after you close your browser and may be used by your browser on subsequent visits to this site. A session cookie is held temporarily in your computer’s memory and disappears after you close your browser or shut down your computer.
  2. (2) Cookies cannot be used to run programs. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. In some cases, cookies may collect and store Personal Information about you. XY extends the same privacy protection to your Personal Information, whether gathered via cookies or from other sources.
  3. (3) You can configure your internet browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Please refer to your internet browser’s instructions to learn more about these functions. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this site.
  4. (4) This Website uses cookies in order to:
    1. (a) remember your preferences for using this site;
    2. (b) show relevant notifications to you (e.g., notifications that are relevant only to users who have, or have not, subscribed to newsletters or email or other subscription services); and
    3. (c) remember details of data that you choose to submit to us (e.g., through online contact forms or by way of comments, forum posts, chat room messages, reviews, ratings, etc.).
  5. (5) Many of these cookies are removed or cleared when you log out, but some may remain so that your preferences are remembered for future sessions.

15. MARKETING AND OPTING OUT

  1. (1) XY may use your Personal Information to provide you with materials, promotions and communications from time to time about Services available to you or from other service providers in partnership with us, or to invite you to continue to avail our Services. This information will only come from us.
  2. (2) You may opt out of receiving promotional materials from us at any time by contacting us at our contact details below or by clicking the ‘unsubscribe’ link on the relevant promotional emails.
  3. (3) XY will never sell or market your Personal Information to third parties.

16. PROTECTING AND MAINTAINING PERSONAL INFORMATION

  1. (1) XY will take all reasonable steps to protect your Personal Information from unauthorised access, use and disclosure. However, we cannot guarantee that our systems and stored data will be completely free from third party interception or data corruption.
  2. (2) If you use our Platform to link to another website, we encourage you to view their terms and conditions of use, privacy policies and security statements before disclosing any of your Personal Information on those websites.
  3. (3) You agree that the transmission and exchange of information is carried out at your own risk. If you have any questions about privacy or security, please contact us.

17. SECURITY OF PERSONAL INFORMATION AND DATA BREACH PROTOCOL

  1. (1) The security of your data is important to us but remember no method of transmission over the internet is 100% private and secure. We do not guarantee or warrant the absolute privacy or security of any data we collect from or about you.
  2. (2) The internet is an insecure medium and users should be aware that there are inherent risks transmitting information across the internet. Information submitted unencrypted via electronic mail or web forms may be at risk of being intercepted, read or modified.
  3. (3) To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, technical and managerial procedures, such as encryption of Personal Information, to safeguard and secure data and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
  4. (4) A reportable “Data Breach” is a security incident where the integrity of Personal Information is compromised through being destroyed, lost, altered, corrupted, disclosed or accessed by an unauthorised person where it is likely to result in serious harm to any individual affected.
  5. (5) We have procedures and systems in place including a data breach incident response plan, specific data breach policies and procedures and personnel to deal with an actual or suspected “Data Breach” and will notify you and the applicable regulator in accordance with our obligations under the Privacy Laws and NDB.
  6. (6) Please report to XY any actual or suspected data breaches for investigation by using the contact details provided below.

18. ACCESSING PERSONAL INFORMATION

  1. (1) It is your responsibility to advise us of any changes to your personal details to ensure we can keep our records accurate and up to date. If you wish to access some or all the Personal Information that you have provided us, please submit a request at our contact details below.
  2. (2) We request that you keep your information as current as possible so that we may continue to improve our supply of our Services to you.
  3. (3) If you believe that your Personal Information with us is incorrect, you may request for the amendment of such information. You may also request that we delete your Personal Information with us.
  4. (4) If you request XY not to use your Personal Information in a particular manner or at all, we will adopt reasonable measures to observe your request but we may, to the extent permitted by law, still use or disclose your Personal Information if you subsequently consent to the disclosure or if we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or is otherwise required or authorised by law. If you know the information, we hold about you is not accurate or complete, please notify us. We will respond to requests for access within fourteen (14) days.
  5. (5) We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

19. LINKS

  1. Our Services may from time to time have links to other sites not owned or controlled by us. Links to third party sites do not constitute sponsorship or endorsement or approval of these sites. XY is not responsible for the privacy practices of other such sites.

20. LAW AND JURISDICTION

  1. This Privacy Policy is governed by and construed in accordance with Australian law. You irrevocably submit to the jurisdiction of the Courts of New South Wales, Australia and any court that may hear appeals from any of those courts for determining any dispute concerning this Privacy Policy and waive any right you may have to claim that those courts are an inconvenient forum.

21. COMPLAINTS

  1. If you think we have breached the Privacy Act, or wish to make a complaint about the way we have handled your Personal Information, or other information connected to your Account, or if you have any questions or concerns about our collection, use or disclosure of your Personal Information, please contact us using our details provided.

22. IF YOU HAVE OTHER CONCERNS

  1. (1) If you have any concerns about how we handle your Personal Information or if you need further information, please contact us at our contact details below. Please also use these contact details if you no longer consent to receiving marketing materials from us.
  2. (2) We may change this Privacy Policy from time to time to reflect changes to our information practices. We encourage you to regularly review this statement to inform yourself of any amendments.

23. CONTACT US

  1. Users can contact us through the contact details on our Platform
© 2020 XY Adviser Pty Ltd. All Rights Reserved.
Privacy Policy last updated 29 January 2021.

XY ADVISER TERMS AND CONDITIONS

1. ABOUT

  1. (1 ) Thank you for using the XY Adviser platform which is located at www.xyadviser.com (‘Platform’).
  2. (2 ) The Platform is operated by XY Adviser Pty Ltd (ACN 45 606 168 781) (‘XY’). XY functions solely as the operator of the Platform which includes the following products and services:
    1. (a) professional network (‘XY Advisers App’) through which financial advisers (‘Financial Advisers’) can share information and ideas with each other on financial services in a secure environment; and
    2. (b) Software as a Service (SaaS) tool (‘XY Pulse’) for financial institutions (‘Financial Institutions’) to access and process financial data analysis and marketing research which will include deidentified Market Research Data.
    3. XY may offer additional services on the Platform from time to time which may include education, training, events, and podcasts.
    4. (‘Services’)
    5. XY makes available the Platform only and does not provide financial advice or financial services. You agree that XY is not a financial services provider or financial advisor and is not responsible for any advice given or liable for any transactions made within the Platform or any part of it.
  3. (3 ) Please read these terms and conditions (‘Terms’) carefully. In using the Platform and our Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Platform, or any of the Services, immediately.
  4. (4 ) Please also review our Privacy Policy which is incorporated into and made a part of these Terms.
  5. (5 ) XY may amend any of the Terms at any time, and by continuing to use the Platform, you accept the Terms as they apply from time to time.

2. OUR SERVICES

  1. (1 ) Registration and Acceptance of Terms to use the Services
    1. (a) For you to obtain access to our Services, you must register for a member account through the Platform (‘Account’).
    2. (b) By registering for an Account, you will be required to accept the Terms by clicking the button in the user interface as a condition of joining as a member (‘Member’). By clicking the “register” button you agree to all the terms and conditions listed on these Terms by XY which gives notice to you through our user interface as follows:
    3.  You agree that you’ve read and accept our website Terms and Conditions and you consent to our Privacy Policy. If you are under 18 years of age you must have and warrant to the extent permitted by law that you have your parent or legal guardian’s permission to register and create an account on our Platform.  
    4. (c) You must not register for an Account if you are not of legal age to form a binding contract with us or if you are a person barred from receiving the Services under Australian law or any other country in which you are a resident.
    5. (d) As part of the registration process for an Account, you will be required to provide us with information including but not limited to:
      1. (i) your name,
      2. (ii) email and mailing address,
      3. (iii) a geographical address,
      4. (iv) a telephone number,
      5. (v) a preferred username and password (‘Login Details’), and
      6. (vi) and any other information indicated as required.
      7. (‘Registration Data’)
      8. Registration Data includes any content that you submit to XY including any personal information that you submit to us through the course of us supplying Services to you. XY acknowledges that by you providing us with Registration Data that you are entrusting us to treat it appropriately and in accordance with our Privacy Policy.
    6. (e) You acknowledge and agree as a Member to provide accurate, true, and correct information. XY may but is not obliged to undertake additional enquiries to verify the identity, background, or qualifications of any Members.
    7. (f) As a condition of your use of the Services, you warrant and agree any information you provide to XY as part of the registration process for your Account, including information relating to third parties, is accurate, correct and up to date. Once you have completed the registration process, you will be a registered Member of the Platform bound by the Terms to form an agreement with XY.
    8. (g) You agree that:
      1. (i) we cannot be held responsible for the actions or representations of Members of our Platform, either on or off the Platform;
      2. (ii) we cannot guarantee that any information provided by a Member is true, accurate, complete, current, and not misleading or deceptive; and
      3. (iii) you will not hold us liable in respect of any loss or damage arising out of any Member actions, representations, or transactions.
    9. (h) XY may undertake additional enquiries to confirm the identity of any Member but does not endorse Members. XY does not guarantee the suitability, legality, qualifications, experience or credentials of any Member. Member agrees that the entire risk arising out of the use of our Services remains solely with Member to the maximum extent permitted by law.
  2. (2 ) Access to the Platform You warrant as a condition of your use of and access to our Platform that:
    1. (a) you are authorised to enter a legally binding contract if you are using the Services on behalf of another person or entity; and
    2. (b) you are not a person prohibited from receiving the Services under the laws of Australia or other country in which you reside or from which you access the Services.
  3. (3 ) Platform Content
    1. (a) In these Terms, “Content” means any material posted on the Platform or brought into existence or made available through the Services.
    2. (b) You grant us a perpetual, worldwide, non-exclusive, royalty-free, unlimited, sub-licensable and transferable licence to use, reproduce, commercialise, distribute, display and deliver Content that you upload, submit, store, send, or receive on or through the Platform for the purpose of us providing you with our Services. The rights you grant in this licence are for the limited purpose of operating and providing functionality to the Platform and the associated Services.
    3. (c) As a Member, you acknowledge, agree, and warrant that:
      1. (i) you are solely responsible for any Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Platform and you are solely responsible for any Content which you make available through the Services;
      2. (ii) you are the sole and exclusive owner of all Content you make available through the Services and otherwise have all rights, licenses, permissions, consents and releases and approvals necessary to grant to XY the rights in such Content, required pursuant to the Terms of this agreement;
      3. (iii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or XY’s use of the Content (or any portion thereof) on, through or by means of the Services or otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trade mark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation;
      4. (iv) any Content (whether provided by XY, a Member or a third party) on the Platform must not be used on third party sites or for other business purposes without XY’s prior written consent;
      5. (v) XY does not have any obligation to delete or return any Content to you after your Member account is cancelled, including, but not limited to, any of your reviews or feedback; and
      6. (vi) it is your sole responsibility to make backups of your Content.
    4. (d) XY strives to facilitate accurate and up-to-date Content on the Platform and through our Services, but we make no warranties or representations as to the accuracy, fitness for purpose, completeness, or timeliness of any of our Content.
    5. (e) Member expressly agrees that any reliance upon or conclusions drawn from the Content on the Platform shall be at such Member’s own risk to the maximum extent permitted by law. Each Member waives and releases any claims arising under these Terms, at common law or under any statutory legislation and agrees that the use of such Content shall not give rise to any liability against XY.
  4. (4 ) Member Subscription
    1. (a) Financial Advisers
    2. The use of the XY Advisers App is free of charge. Financial Advisers can obtain access to extra benefits and services advertised on our Platform through subscribing to a paid subscription service. This optional subscription service is offered on the XY Advisers App for a monthly fee of $30.00 plus GST.
    3. (b) Financial Institutions
    4. To access the XY Pulse, Financial Institutions agree to pay the following subscription fee:
      1. (i) Monthly Subscription Fee: $2,000.00 plus GST
      2. (ii) Subscription Period: minimum 12-month contract (‘Minimum Subscription Period’).
  5. (5 ) Licence
    1. (a) Subject to Members’ compliance with these Terms, XY grants Members a limited, non-exclusive, non-sub-licensable, non-transferable licence to use the Platform and any associated documentation on a device that Members own or control.
    2. (b) Members agree to:
      1. (i) only use the Platform for the purpose for which it was created;
      2. (ii) only access the Platform from compatible mobile or computer devices and web browser;
      3. (iii) must not reverse engineer, disassemble, or decompile any software contained in the Platform, create derivative works based on the software, or otherwise attempt to gain access to its method of operation or source code;
      4. (iv) must not introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the Platform; and
      5. (v) must not remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Platform.
    3. (c) Members shall have no right to distribute, reproduce, sell, supply, modify, copy or sub-license the Platform or make available Platform or the Services including its Content to any third-party to commercialise or use. Please contact our support team at the contact details provided on our Platform to inquire for reseller or partnership terms (availability subject to our sole discretion).

3. PAYMENT POLICY

  1. (1 ) As a Member, you agree to pay the current fees advertised on our Platform on the due date for payment in consideration of the supply of our Services (‘Platform Fees’). We reserve the right from time to time to amend or change our fees and charges for the purchase of any of our Services.
  2. (2 ) Payment of the subscriptions applicable for the Platform may be made through bank deposit (the ‘Payment Processing Service’). In using the Payment Processing Service, you warrant that you have familiarized yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.
  3. (3 ) If there are payment failures due to insufficient funds, incorrect or outdated payment information, XY reserves our right to:
    1. (a) recover payment and deny a Member access to our paid Services; or
    2. (b) cancel or suspend your Account if we are unable to process the Platform Fees for our paid Services.
  4. (4 ) You acknowledge and agree where a request for the payment of any fees are returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with those fees.
  5. (5 ) Member agrees that XY may electronically store Registration Data and Member’s payment information to process any payment for subscription.
  6. (6 ) Member access to the paid Services will be disabled when Account is suspended, terminated or Member’s Subscription Period (as applicable) ends.

4. GENERAL OBLIGATIONS OF ALL MEMBERS

  1. As a Member, you acknowledge and agree that:
    1. (a) you will use the Platform and Services only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;

    2. (b) you have the sole responsibility for protecting the confidentiality of your password and email address (Login details). The use of your password by any other person may result in the immediate cancellation or suspension of the Services;

    3. (c) any use of your Registration Data by any other person, or third parties, is strictly prohibited. You agree to immediately notify XY of any unauthorised use of your Login Details or any breach of security of which you have become aware;

    4. (d) your access to and use of the Platform is non-transferable;

    5. (e) you must not use the Platform in connection with any other commercial enterprise without the prior written approval of XY;

    6. (f) you must not use the Platform for any illegal or unauthorised purpose which includes collecting email addresses of other Members by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Platform;

    7. (g) commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platform without notice and may result in immediate termination of your membership or access to the Platform;

    8. (h) you may not have more than one (1) active account. XY reserves the right to merge multiple accounts or to suspend or terminate your account and your access to the Platform if you create more than one (1) account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete;

    9. (i) you must not send or post unauthorised communications such as spam or advertising on the Platform;

    10. (i) you must not upload viruses or other malicious code on the Platform;

    11. (k) you must not expressly or impliedly impersonate another Member or use another Member’s account or password;

    12. (l) you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate;

    13. (m) you must use the Services in compliance with all local, state, and federal laws and regulations; and

    14. (n) you must keep your Registration Data and contact information accurate and up to date.

5. REFUND POLICY

  1. (1 ) Except as required by the Australian Consumer Law, any fees paid under these Terms are non-refundable.

  2. (2 ) XY will only offer a refund of the applicable fees if XY is unable to facilitate the supply of the Services or if the Manager of XY determines, in its absolute discretion, it is reasonable to do so.

  3. (3 ) XY does not offer returns and refunds for ‘buyer’s remorse’ or if you have changed your mind.

6. AUSTRALIAN CONSUMER LAW AND THE STATUTORY GUARANTEES

  1. (1 ) XY will process refunds in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).

  2. (2 ) For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose or a purpose made known to you or the Services are unsafe. For major failures or major problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage.

  3. (3 ) If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’, we are entitled an opportunity to fix the minor problem if this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.

  4. (4 ) Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For Major Failures with the Services, you are entitled:

    1. (a) to cancel your service contract with us; and
    2. (b) to a refund for the unused portion of the Services, or to compensation for its reduced value.

7. PROTECTION AND SECURITY

  1. These Terms specifically prohibit the reverse engineering or decompiling or interference in any manner with the Platform’ source codes. You agree to use your best endeavours and to take all reasonable steps to safeguard the Platform to ensure that no unauthorised person has access to your Account and that there is no unauthorised copying or distribution of the Platform or its Content.

8. COPYRIGHT AND INTELLECTUAL PROPERTY

  1. (1 ) The works (‘Copyright Material’) in the Platform, the Content, the Services and all the related products and services of XY are subject to copyright and owned by the copyright owner. The Copyright Material on the Platform are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) or the Services are owned or controlled by XY, and are reserved by XY or its contributors.
  2. (2 ) All trade marks, service marks and trade names are owned, registered and/or licensed by XY, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
    1. (a) use the Platform pursuant to the Terms;
    2. (b) copy and store the Platform and the material contained in the Platform in your electronic device’s cache memory; and
    3. (c) print pages from the Platform for your own personal and non-commercial use.
    4. The license operates for you to electronically access and use the Platform solely for the supply and purchase of the Services through the Platform in accordance with the Terms. XY may terminate this licence at any time, if you use the Platform or the Services, except as permitted by these Terms.
  3. (3 ) XY does not grant you any other rights whatsoever in relation to the Platform or the Services. All other registered and unregistered intellectual property rights including patents, copyrights, and designs including an application for, or right to apply for registration of intellectual property rights are expressly reserved by XY.
  4. (4 ) You may not, without the prior written permission of XY and the permission of any other relevant rights owners broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Platform or its Content unless otherwise provided by these Terms or expressly authorised by XY.
  5. (5 ) The Platform and its content may not be copied, reproduced, publicly displayed, translated, or distributed in any way (including mirroring) to any other computer, server, Platform or other medium for publication or distribution, without our express prior written consent.

9. PRIVACY

  1. (1 ) In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth) and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (‘NDB’).

  2. (2 ) If a Member obtains Personal Information in the course of supplying or availing Services under these Terms, the Member must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the privacy principles as contained in the Privacy Act 1988 (Cth).

10. DISPUTES RESOLUTION

  1. (1 ) Compulsory process. A party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

  2. (2 ) Notification. A party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

  3. (3 ) Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

  4. (4 ) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

    1. (a ) mediator agreed on by the Disputants; or

    2. (b ) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

  5. (5 ) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

  6. (6 ) Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.

  7. (7 ) Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.

  8. (8 ) Location, timing and attendance. The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.

  9. (9 ) Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

  10. (10 ) Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

11. LIMITATION OF LIABILITY

  1. (1 ) To the fullest extent permissible at law, XY is not liable for any indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products and services, or otherwise arising out of the provision of products and services, whether based on these Terms, negligence, strict liability or otherwise.

  2. (2 ) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible XY limits its liability as follows, at XY’s option:

    1. (a ) for any claims relating to these Terms to the fees payable under these Terms for the preceding three (3) months;

    2. (b ) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products or (d) the payment of having the products repaired; and

    3. (c ) in the case of services including any digital services, the supply of the services again or the payment of the cost of having the services supplied again.

  3. (3 ) XY does not accept any liability for the acts, omissions, or default, whether negligent or otherwise of any Members who use the Platform.

  4. (4 ) This clause survives the termination or expiry of these Terms for whatever reason.

12. INDEMNITY

  1. Member indemnifies and releases XY against any claims, losses, damage, cost (including legal costs), expense or liability arising out of:
    1. (a ) any breach of any warranty or obligation under these Terms;
    2. (b )  any willful or negligent act or omission of the Member or any of its officers, employees or, agents in relation to the performance of its obligations under these Terms; and
    3.  (c ) any breach of any third party’s rights including intellectual property rights.

13. GENERAL DISCLAIMER

  1. (1 ) Member shall not, at any time, be obliged to act on any information, suggestion, advice, insights or guidance (“Information”) given by XY as part of the Services or on the Platform, but if and to the extent that it does so, it shall do so at their own risk.
  2. (2 ) Member hereby unconditionally and irrevocably waives any rights of action it may have as against XY in relation to any such information, suggestions, advice, insights, or information. Member is advised to take independent appropriate professional advice before acting on such Information given within the Services, on the Platform or through the Content.
  3. (3 ) Member participates of its own free will in the Services and accordingly, knowingly, and voluntarily assumes all risks associated with the use of the Services. Any information contained within the Services is not intended to provide specific professional advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard.
  4. (4 ) Member acknowledges that XY does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services other than expressly pursuant to these Terms. Nothing in these Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  5. (5 ) Use of the Platform and the Services is at Member’s own risk. Everything on the Platform and the Services are provided to Member on an “as is” and “as available” basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
  6. (6 ) None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of XY (including any third-party providers) make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage Member might suffer as a result of any of the following:
    1. (a ) failure of performance, error, omission, interruption, API failures, incorrect API mapping, deletion, defect, failure to correct defects, data breach, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
    2. (b ) the accuracy, suitability, or currency of any information in relation to the Services (including third party material and advertisements on the Platform);
    3. (c ) costs incurred because of Member using the Platform, the Services or any of the Content;
    4. (d ) XY Advisers App links which are provided for the Member’s convenience;
    5. (e ) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or
    6. (f ) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
  7. (7 ) This clause survives the termination or expiry of this agreement for whatever reason.

14. TERMINATION OF CONTRACT

  1. (1 ) The Terms will continue to apply until terminated by either you or by XY as set out below.

  2. (2 ) If you want to terminate the Terms, you may do so by closing your Account for all the Platform and Services which you use subject to the agreed Minimum Subscription Period. You agree that refunds are not payable for the balance of the month in which you cancel your Account. You agree that you are responsible for making backups or downloading any Content in or associated with your Account.

  3. (3 ) XY may at any time, terminate the Terms with you if:

    1. (a ) you have breached any provision of the Terms or intend to breach any provision;

    2. (b ) XY is required to do so by law; or

    3. (c ) the provision of the Services to you by XY is, in the opinion of XY, no longer commercially viable.

  4. (4 ) We may also without notice:

    1. (a ) terminate your Account if there is no account activity associated with your Account for over 12 months, and

    2. (b ) delete any Content associated with your Account and you agree that you are responsible for making backups of your data.

  5. (5 ) Subject to local applicable laws, XY reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts XY’s name or reputation or violates the rights of those of another party.

  6. (6 ) XY may, at its discretion and without liability to you, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Account if in its sole and absolute discretion, XY is concerned by any feedback about you, or considers your feedback rating to be problematic for other XY users.

15. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

16. THIRD PARTY RIGHTS

An agreement under these Terms is for our benefit and Member benefit and is not intended to benefit or be enforceable by any third party.

17. SEVERANCE

If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.      

18. ENTIRE AGREEMENT

Unless otherwise stated, these Terms and our Privacy Policy shall constitute the entire agreement between Member and us in relation to Member’s use of the Platform and our Services.

19. SURVIVAL

These Terms shall enure to the benefit of and be binding upon the parties and their respective successors, trustees, heirs, executors, administrators and permitted assigns or receivers but will not enure to the benefit of any other persons.

20. LAWS AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of the State of New South Wales. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms.

21. CONTACT US

You may contact us through the contact details on our Platform.

© 2020 XY Adviser Pty Ltd. All Rights Reserved.
Terms last updated 29 January 2021.