Terms and Conditions - Service Agreement

General Terms:

1. This agreement is between Investor DNA Pty Ltd (ACN 663 901 309) acting as Trustee to Investor DNA Trust (ABN 36 987 581 121 ) and "THE CLIENT", being any financial practice who registers to use Investor DNA via our website www.investordna.com.au.

2. 'Financial Practice' refers to any financial institution including dealer group, bank, insurance, brokerage or financial advice entity that provides professional financial advice under AFSL licence registered with Investor DNA.

3. Registering with Investor DNA indicates that you agree to our terms and conditions.

4. To register with Investor DNA, a financial practice must hold a valid financial licence registration in their respective country. Within Australia, all practices must hold a valid Australian Financial Services Licence (AFSL) either directly or legally under an existing valid AFSL from a parent company, dealer group or other valid association.

5. Investor DNA provides provisional approval of your financial practice to use Investor DNA, subject to the validation of your financial services licence. Investor DNA may suspend access to the system until this requirement is satisfied.

6. All prices quoted on our website are in Australian dollars, excluding GST. When purchasing via STRIPE all prices are converted into local currency.

7. International prices are calculated based on the exchange rate set by STRIPE, our online payment partner.

8. Investor DNA Pty Ltd reserves the right to modify its terms and conditions, including its pricing structure, from time to time as deemed necessary.

9. Investor DNA reserves the right to suspend or terminate your account based on a breach of these terms and conditions or any behaviour deemed unethical or not in accordance with the spirit of this agreement.

Registration:

10. Each financial practice nominates a prime contact/administrator to liaise with Investor DNA for admin purposes. The administrator can access the practice dashboard, register and deregister advisers, purchase subscriptions/tokens, and track activity.

11. They can also switch from 'practice dashboard' to 'adviser dashboard' if they operate as a financial adviser for the financial practice.

12. You are provided with a unique Practice ID when registering your financial practice. All financial advisers require the Practice ID code to complete their registration process, linking them to your financial practice.

13. A financial adviser can register directly from our website, or this function can be completed by your selected systems administrator.

14. All financial advisers using the Investor DNA system must operate under a current Australian Financial Services Licence (AFSL), either directly or as a representative of another entity/dealer group that holds a current AFSL.

15. Investor DNA will send you an email asking you to confirm your registration details.

The Investor DNA 14-day Free Trial:

16. Investor DNA offers a 14-day complimentary free trial, during which time a financial adviser is granted TWO (2) complimentary Investor DNA profiles.

17. All terms and conditions including copyright and confidentiality apply during the trial period. Any breach will result in an immediate termination of the trial period.

18. You can choose to upgrade to full service at any stage during your trial period. This provides all advisers registered with Investor DNA with unlimited access.

19. If your financial practice chooses to upgrade during the trial period, your complimentary trial will cease at that time. All registered advisers who have not used their free tokens, or those yet to register with Investor DNA, will no longer have access to the free trial.

20. Upon upgrading to full service, all those financial advisers already registered for the free trial are granted unlimited access to the Investor DNA system using 'pay as you go' tokens or your practice subscription. All those advisers who did not register during the trial period will need to do so to access the Investor DNA system.

21. At the end of the trial period you will be prompted to purchase 'pay as you go' tokens or a practice subscription to continue using the Investor DNA system.

Token 'Pay as you go' system:

22. Investor DNA offers a 'pay as you go' system based on the purchase of tokens.

23. Tokens are $99 AUD ex GST per token, with ONE token redeemable for ONE Investor DNA profile.

24. The token system requires a financial practice to pre-purchase a minimum of 5 tokens in a single transaction. There is no limit to the number of tokens that can be pre-purchased in a single transaction.

25. All registered advisers linked to your financial practice can use your tokens, enabling them to invite clients to complete the Investor DNA Discovery Questionnaire.

26. Each time an adviser invites a client via email to complete the Investor DNA Discovery Questionnaire, your token balance is reduced by ONE. Your current token balance is displayed on your practice dashboard in real-time.

27. Your practice dashboard enables you to purchase tokens provides payment history and provides access to client profiles.

28. Investor DNA will advise your entity when your rolling token balance falls below five tokens and requires a top-up to continue using the Investor DNA system.

29. You can also select automatic top up. You decide how many tokens to purchase in a single monthly re-occurring transaction. Once your token balance drops to 5 tokens your purchase is made automatically using your preferred payment method.

30. Once the rolling token balance falls to zero (0), your entity will no longer be able to access the Investor DNA system until your token balance is restored and in credit or you upgrade to a practice subscription. You will receive a notification before and when this occurs.

31. Practices can upgrade from the 'pay as you go' token system to the subscription service at any time. Any unused tokens are refundable and can be offset against your initial first subscription payment. Alternatively, a refund can be arranged for any unused tokens.

Investor DNA Subscription Service:

32. Investor DNA offers a subscription service that is most suitable for high volume users.

33. Your practice subscription is $129 AUD ex GST per adviser per month, charged to your preferred payment option.

34. Your subscription is automatically processed each month on the date of your original registration.

35. Unregistered advisers cannot access Investor DNA through another registered adviser. Your monthly practice subscription must be equal to the number of advisers who are accessing the site.

36. Any deliberate breach will lead to immediate suspension or termination of this agreement, and you will be liable for the total dollar value of that breach, representing unpaid fees based on the number of advisers who have been accessing the site.

37. Advisers are not permitted to share their log-in details nor knowingly allow other fellow advisers to log in and trade under their identity at any time.

38. The minimum contract period for a practice subscription is twelve (12) months, after which a month-to-month arrangement applies.

39. If you choose to cancel your subscription within the first 12 months, a cancellation fee applies equal to the difference between the total amount paid up to the cancellation date and the annual practice subscription fee of $1548 AUD. ex GST per registered adviser.

40. New advisers who register mid-month using our STRIPE system are added to your monthly subscription fee. A pro-rata amount applies if greater than $10 AUD. This is done automatically if you have paid via STRIPE using your credit/debit card.

41. If you choose to pay your subscription service via bank transfer (EFT), you agree to keep us informed of any new advisers that need to be added to the Investor DNA system so we can manually adjust your monthly subscription to match your number of active advisers.

42. You can either purchase tokens OR a practice subscription. If you choose a practice subscription service, all advisers are provided with unlimited access so there is no need to purchase tokens. You can upgrade from tokens to a practice subscription at any time.

43. Once a practice subscription is cancelled, all registered advisers cannot access the Investor DNA system beyond the current paid monthly period.

Payment and Payment Security:

44. Investor DNA offers a range of credit card and payment options. Online purchases use the STRIPE payment platform. All payments, where possible are made via STRIPE. Investor DNA also accepts electronic funds transfer (EFT/bank transfer) for a practice subscription.

45. Stripe is certified to PCI Service Provider Level 1, the most stringent level of certification available in the payments industry today.

46. If you select token auto top-up feature or subscription service, your credit card details are stored by STRIPE for future payments. Excluding these options, your credit card details are not stored by STRIPE at any time when transacting on our website.

47. Each financial practice and their own Practice Dashboard. From your practice dashboard you can purchase token or a practice subscription and view purchase history, adviser activity, client profiles and register and de-register advisers, and manage practice registration details.

48. All financial advisers have access to their own Personal Dashboard that allows them to manage their own Investor DNA activity. This includes issuing and tracking client invitations to complete the Investor DNA Discovery Questionnaire. The dashboard also enables an adviser to view client records, client Investor DNA profiles, and manage their personal registration and password details.

Intellectual Property and Confidentiality:

49. Investor DNA Trust is the author and owner of the Investor DNA system and all associated intellectual property.

50. The Investor DNA materials, including the Investor DNA name, logo, brand, profiles, websites, tools, materials, processes and systems are solely owned by Investor DNA Trust and are subject to trademark and copyright protection.

51. All Investor DNA materials as described above may not be used in any manner other than its stated purpose.

52. All trademarks are registered under Australian law by IP Australia and Internationally under the World Intellectual Property Organisation - WIPO registration.

53. The Investor DNA name is protected under trademark 01808732 and international Registration No. 1 557 441.

54. The Investor DNA name is protected under the United Kingdom trademark WO0000001557441.

55. The Investor DNA name is protected under New Zealand trademark 1162862.

56. The Investor DNA logo is protected under trademark 2105386.

57. The Investor DNA 4-quadrant model is protected under trademark 2105402.

58. The Investor DNA profile style chart is protected under trademark 2106548.

59. The Investor DNA Decision Matrix is protected under trademark 2110288.

60. The Investor DNA Risk/Reward Model is protected under trademark 2110273.

61. The Investor DNA Communication and Learning model is protected under trademark 2184901.

62. The Investor DNA Values and Beliefs Framework is protected under trademark 2165238.

63. The Investor DNA Relationship Framework is protected under trademark 2165238.

64. The Investor DNA Decision Model is protected under trademark 2231790.

65. By subscribing to Investor DNA, Investor DNA does not transfer any intellectual property rights whatsoever from Investor DNA Pty Ltd to the financial practice.

66. All intellectual property remains the property of Investor DNA Trust and is not to be on-sold, re-licensed or re-badged to any other company or third party without the expressed written permission of Investor DNA Pty Ltd.

67. A client is granted and has IP rights over their own Investor DNA profile at all times.

68. The client agrees to grant access of their profile to their adviser in order to provide their service. The client has the right to retain their Investor DNA profile if they switch to different financial practice and/or financial adviser.

69. Investor DNA may offer master franchises whereby a financial practice is sub-licensed to on-sell the Investor DNA system at our sole discretion. Such agreements do not transfer IP ownership to that entity, and all IP remains the sole property of the Investor DNA Trust.

70. A financial practice must take appropriate steps to prevent illegal usage of our Intellectual property. All breaches will be prosecuted to the full extent of the law.

71. A registered financial adviser agrees not to share their client's Investor DNA profile to another third party without their client's expressed written permission to do so.

Disclaimer and Indemnification:

72. Information provided by the Investor DNA profile is of a general nature only related to Investment Psychology.

73. Investor DNA Pty Ltd (ACN 663 901 309) does not hold a financial licence and is not authorised to provide financial advice.

74. Investor DNA does not make any investment product recommendations, claims or guarantees regarding the financial performance of any investment product recommended by any financial practice or its representatives registered to use the Investor DNA system.

75. By using the Investor DNA system, you agree to indemnify Investor DNA Pty Ltd (ACN 663 901 309) and Investor DNA Trust (ABN 36 987 581 121 ) against any losses, damage, expenses, including but not limited to court costs, attorney's fees, and any awards or damages caused by or arising from the use of our service.

76. This indemnity applies to Investor DNA Pty Ltd (ACN 663 901 309) and the Investor DNA Trust (ABN 36 987 581 121) and its affiliates, licensees (financial practices), employees, master licence holders, sales agents, officers, directors, consultants and contractors (the 'Indemnified Parties').

Privacy Policy

Investor DNA Trust (ABN 36 987 581 121) trading as Investor DNA Pty Ltd (ACN 663 901 309)

1. We respect your privacy:

   1. Investor DNA Trust trading as Investor DNA Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

   2. ‘Personal information’ is information that we hold which is identifiable as being about you.

2. Collection of personal information:

   1. Investor DNA Trust trading as Investor DNA Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.

   2. You may provide basic information such as your name, phone number, email address and the name of your financial adviser to enable us to carry out our service. We may collect additional information at other times, including but not limited to, when you provide feedback regarding our service, change your content or email preference, respond to surveys or promotions, or communicate with our customer support. We do not collect or store any financial information, and no credit card, bank or PayPal details are stored at the time of purchase.

3. How we collect your personal information:

   1. Investor DNA Trust trading as Investor DNA Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information:

   1. Investor DNA Trust trading as Investor DNA Pty Ltd may use personal information collected from you to provide you with information, updates, and our services. We may also make you aware of new and additional products, services, and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

   2. Investor DNA Trust trading as Investor DNA Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, SMS or mail.

   3. Where your financial adviser has invited you to complete the Investor DNA Discovery Questionnaire, Investor DNA provides your adviser with access to your Investor DNA profile in confidence for the purposes of delivering a more valuable and customised service.

5. Disclosure of your personal information:

   1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Personal information is only supplied to a third party when required for the delivery of our services.

   2. From time to time, we may need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

   3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Investor DNA Trust trading as Investor DNA Pty Ltd, www.investordna.com.au, its customers or third parties.

   4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These may include but are not limited to Australia, New Zealand, USA, United Kingdom, Canada, Hong Kong, India, China and the EU.

   5. 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 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. We would seek to only disclose information in good faith and where required by any of the above circumstances.

   6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.

   7. Your Investor DNA profile is shared with your financial adviser in strict confidence, and they are duly bound as part of their terms and conditions not to share your Investor DNA profile with any other individual without your expressed permission to do so.

6. Security of your personal information:

   1. Our commitment to security and privacy is supported by data encryption, login and password authentication and network security technology. Our servers are based in Sydney and provided by Amazon AWS, the world’s leading cloud computing platform, offering the highest level of security available today.

   2. Investor DNA Trust trading as Investor DNA Pty Ltd is committed to ensuring that the information you provide to us is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

   3. Whilst every safeguard has been taken, the transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

7. Access to your personal information:

   1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information that we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@investordna.com.au.

   2. We reserve the right to refuse to provide you with information that we hold about you in certain circumstances set out in the Privacy Act.

8. Complaints about privacy:

   1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@investordna.com.au. We take complaints very seriously and will respond shortly after receiving notice of your complaint.

9. Changes to Privacy Policy:

   1. Please be aware that we may change this Privacy Policy in the future. We may modify this policy at any time, at our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

10. Website:

    1. When you visit our website www.investordna.com.au

       When you come to our website (www.investordna.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site to improve our service.

    2. Cookies

       We may from time to time use cookies on our website. Cookies are tiny files that a website uses to identify you when you come back to the site and store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies, but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

    3. Third-party sites

       From time to time, our site may have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement, or approval of these websites. Please be aware that Investor DNA Trust trading as Investor DNA Pty Ltd is not responsible for the privacy practises of other such websites. Upon leaving our website, we encourage users to acquaint themselves with the privacy policy of each and every website that collects personal identifiable information.