POLICY OF AVOIDANCE OF CONFLICTS OF INTEREST

ESTATEGURU’s POLICY OF AVOIDANCE OF CONFLICTS OF INTEREST

I. GENERAL

1.1. This Policy of Avoidance of Conflicts of Interest of EstateGuru aims to establish the circumstances related to EstateGuru’s crowdfunding platform business model which cause or may cause a conflict of interest violating the interests of one or several lenders and/or crowdfunding project owners, as well as the requirements which should be maintained in order to avoid a conflict of interest, and instruments, which are resorted to manage conflicts of interest.
1.2. Management bodies of EstateGuru are responsible for putting a framework in place, and implementing systems, controls, and procedures to identify, escalate and manage conflicts of interest.
1.3. Under the same circumstances, persons associated with the crowdfunding portal may lend money on equal terms with other lenders.
1.4. Every employee of EstateGuru is responsible for identifying and escalating potential conflicts of interest so that they may be appropriately managed and resolved.

II. CAUSING OR ABLE TO CAUSE CONFLICTS OF INTEREST

2.1. Seeking to determine potential conflicts of interest that might be able to affect financial interests of lenders and crowdfunding project owners of EstateGuru, EstateGuru appoints a team of dedicated employees that should observe the following minimum criteria and assess whether EstateGuru, or any person associated with EstateGuru, or any person in a control function directly or indirectly associated with EstateGuru is exposed to any of the situations listed below, when EstateGuru or related person:
a. may experience a financial advantage or avoid a financial loss at the expense of the lender and/or crowdfunding project owner;
b. has an interest in the result of the rendered service or in the result of a transaction concluded at the expense of the lender and/or crowdfunding project owner other than the interest of the lender and/or crowdfunding project owner;
c. receives or will receive from a person (other than the lender and/or crowdfunding project owner) an inducement in relation to a service provided to the lender and/or crowdfunding project owner, in the form of monies, goods or services, other than a standard commission or fee for that service;
d. has a financial or other incentive to favour the loan conditions of a particular project to the lender and/or crowdfunding project owner which is not in the best interest of them.
2.2. Conflicts of interest relating to EstateGuru can be broadly described as scenarios where:
a. EstateGuru favours itself and related persons’ real estate development projects over the real estate development projects of crowdfunding project owners;
b. EstateGuru may assess lenders and/or crowdfunding project owners in a biased and subjective manner, compared to individuals who have direct or indirect links with EstateGuru;
c. related persons may enter into crowdfunding transactions at their own expense, using the confidential information entrusted to EstateGuru.
2.3. Where a conflict of interest may arise, priority should be given to the interests of the lender and/or crowdfunding project owner, then to the interests of EstateGuru.

III. MANAGEMENT OF CONFLICTS OF INTEREST

3.1. EstateGuru takes all necessary actions to ensure that the actions taken by EstateGuru will be exclusively based on the best interest of the lender and/or crowdfunding project owner.
3.2. In the performance of their functions, all employees of or persons related to EstateGuru must ascertain whether there is any conflict of interest, avoid conflicts of interest or withdraw if there are any potential situations that may cause or provoke a conflict of interest.
3.3. If a conflict of interest arises, participation in crowdfunding transactions may be rendered only if the lender and/or crowdfunding project owner clearly expresses his/her consent concerning the provision of crowdfunding services.
3.4. EstateGuru takes measures to ensure that:
a. EstateGuru’s interests have no unfair advantage over the lender’s and/or crowdfunding project owner’s interests and its actions must be compatible with the lender’s and/or crowdfunding project owner’s interests;
b. personal, financial or other interests of EstateGuru, its managers, employees or other associated persons have no influence or appear to have no influence on the provision of services to the lender and/or crowdfunding project owner on behalf of the EstateGuru;
c. the interests of one lender and/or crowdfunding project owner are not preferred over those of other lenders and/or crowdfunding project owners.
3.5. EstateGuru has appointed an employee who periodically monitors and reviews the management of conflicts of interest and the effectiveness of the current procedures. The employee responsible for the management of conflicts of interest must:
a. periodically review the provisions of the Policy and ensure the compliance with the requirements of applicable laws;
b. inform the employees and related persons of EstateGuru, whether a conflict of interest lies in the ongoing situation, as well as advice on how such situation should be managed;
c. perform other actions aimed at the proper and timely identification and management of conflicts of interest.
3.6. EstateGuru collects all information that would justify the absence of a conflict of interest, as well as documents and other information that may confirm that the lender and/or crowdfunding project owner was duly informed about the current situation and agrees to further provision of services by EstateGuru.
3.7. In the event of a conflict of interest, EstateGuru must inform each lender and/or crowdfunding owner explicitly, clearly and against a receipt, of any conflicts of interest that may have arisen. This information can also be presented by telephone if it is being recorded and can be used as proof.
3.8. EstateGuru must present information to lenders and/or crowdfunding operators on a durable medium and the information should be clearly understandable to them, in order to make an informed decision on potential collaboration with EstateGuru, with respect to which a conflict of interest may arise.
3.9. In the event where a conflict of interest arises between several lenders and/or between several crowdfunding project owners, EstateGuru coordinates such situation in such way that no lender and/or crowdfunding project owner would benefit from another lender and/or crowdfunding project owner.

IV. BREACH OF POLICY

4.1. In the event employee fails to comply with the above-outlined provisions of this Policy will result in disciplinary measures, including dismissal of EstateGuru’s employee.
4.2. In determining the level of disciplinary measures in any particular case, the seriousness and/or frequency of an offense will be taken into account.
4.3. In addition, employees may run the risk of fines, penalties, judgments, damages, and settlements related to regulatory or legal actions against EstateGuru and them as individuals.

V. FINAL PROVISIONS

5.1. The Policy must be reviewed and, if required, renewed at least once per year.