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Privacy Policy

Privacy Policy

Last revised: 28 November 2018

Introduction

Australian Global Digital Asset Exchange Pty Ltd and its affiliates (hereinafter, “we”, “us” or “our”) recognize that privacy is important to our customers and others, including visitors of our website(s) (hereinafter “you”, “your”, “users”). We are committed to promoting confidence in the manner in which your personal information is handled by us.

In this Privacy Policy:

•    Platform means the online website platform, also known as “AGDA Platform”, operated by us for the purpose of providing a digital currency exchange service;

•    Website means the website, https://www.agdaex.com.au/, also known as “AGDA Website”.

This Privacy Policy, in accordance with the requirements of the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth), explains how we manage your personal information. Specifically, it will outline:

•    the kinds of personal information that we collect and hold;

•    how and why we collect, use, disclose and protect personal information;

•    how you can access your personal information and seek correction of it;

•    how to contact us and supervisory authorities in the event you have a complaint;

•    how to close your account; and

•    how to make a complaint about any breaches of privacy.

Our Privacy Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and to make sure it remains appropriate to the changing environment. Any information we hold will be governed by the most current Privacy Policy displayed on our website(s).

The latest Privacy Policy has incorporated elements from the General Data Protection Regulation (GDPR) as we act to the extent applicable in accordance to its personal information processing rules within the European Union (EU).

This Privacy Policy may at our discretion be translated into a language other than English. To the extent that you have been provided with a translation of this Privacy Policy in a language other than English, the English language version of this Privacy Policy will also be provided to you and such English language version shall prevail over the version of any other language in case of any discrepancies or ambiguities due to translation.

We believe that you have the right to know our practices regarding the information we collect when you use our service, and what type of information is collected. The guidelines contained herein apply to your visits to all websites operated by us but does not include any redirect URLs that direct you to another internet domain. Other websites, which are linked to/from our websites and its affiliates may have different policies; therefore, please review the privacy policy notices on those websites for details.

If personal information we request is not provided, we may not be able to supply the relevant product or service to you.

What personal information do we collect and hold?

When we refer to “personal data” or personal information, we mean personal identification information about you as an identified or identifiable person. Examples of personal identification information we collect and hold include:

•    name;

•    email address;

•    phone number;

•    residential address;

•    date of birth;

•    nationality;

•    gender;

•    identity documentation;

•    cryptocurrency wallet ID;

•    information (such as your bank account details); and

•    relevant bank and payment card information.

The list above is not exhaustive and we may collect other personal information from time to time which we consider is reasonably necessary for one or more of our functions and activities which we are authorized or required by the law to collect.

We may collect personal information about you whenever you interact with our Website. This information may include technical information about your means of connection to our Website, such as details of your browser, computer operating system, smartphone, the Internet service providers utilized, IP Address, MAC address, mobile network information, standard web information and other similar information.

Unless it is impracticable for us to do so, you will have the option of dealing with us anonymously or by using a pseudonym. However, in order to comply with our Know Your Customer requirements, you need to use your real names when using our Platform.

Sensitive information includes, amongst other things, information about your health, genetics, religious beliefs, sexual orientation, biometric templates and criminal record. We may only collect sensitive information about you if you consent to us doing so and the information is reasonably necessary for one or more of our functions or activities, or where otherwise permitted or required by law.

Unsolicited information

If you provide us with personal information that we did not request for, we will within a reasonable period after receiving the information, determine whether or not we could have collected the information under the relevant APPs if we had requested the information. If we determine that we could not have collected the personal information in accordance with the relevant APPs, we will (but only if accidentally provide your information to us without us requesting to do so, we will view and decide the nature of the information. If the information helps us to provide you better service or to comply with our legal obligations, we may retain the personal information in our database. If not, we will contact you to collect the information. If we do not receive your response within 7 business days, we will destroy or de-identify the information.

How we collect personal information

Generally, we will collect your personal information from you directly (including when you interact with us in writing, electronically or via telephone), when you visit our Website (including when you place a trade order, submit a form and any other actions in connection with our Platform and Services) directly from you in a variety of ways such as by telephone, standard form, letter, email or you visiting our site.

Personal information collected in every form you submit or every communication you make to use will be recorded in our database. Personal information disclosed in calls to and from our customer support centre may be recorded.

We may also collect your personal information from a related entity or from a third party or a publicly available source where you consent for us to do so, it is unreasonable or impractical to collect the information directly from you or we are required or authorized by law or court order.

Security of your personal information

We have taken steps to assure that all personal information collected will remain secure and in its original form, i.e. free from any alteration. As such, access to all personal information is strictly controlled.

We hold and store your personal and non-personal information securely throughout the life of your account on our computers in Australia and elsewhere in the world where our facilities or our service providers are located. We may also secure your personal and non-personal information in highly secured data centres operated by a third party provided that such third party is bound by the Privacy Policy and related laws.

We will retain your personal information after you end the relationship with us or as necessary to comply with our legal obligations or resolve disputes.

We cannot guarantee that unauthorized access by external parties will never occur, however, we assure you that we take the greatest care in maintaining the security of your information and in stopping unauthorized access attempts by the most appropriate technology and strict internal procedures to the best industry practice.

How we use your personal information

We collect and hold personal information from you in order to provide a service to you. We use your personal information for a variety of purposes to effectively conduct our business, including to:

•    verify your identity;

•    conduct Know Your Customer (KYC) procedures and fulfill any reporting obligations in accordance with the Anti-Money Laundering and Counter Terrorism Financing Act 2006       and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No.1) (AML/CTF Act and Rules);

•    comply with other legal obligations;

•    enable you to open and operate an account under your name and make transactions through our Platform and Services;

•    perform our administrative operations including accounting, risk management and record keeping;

•    fulfill your product or service orders;

•    inform you of any updates to the of terms and conditions of our Service;

•    contact you when necessary regarding your account and transactions;

•    conduct market surveys and research;

•    alert you of new products or services, features, or enhancements;

•    handle/route your customer service or technical support questions or issues;

•    provide you with news, information and material in relation to our services or direct marketing and promotional content of us, our partners and affiliates;

•    notify you of promotions and offers;

•    monitor who is accessing our Website or using our services;

•    improve customer service;

•    process payments; and

•    to fulfill compliance requirements.

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries and processing transactions. Those companies will be permitted to obtain only the personal information they need to deliver the service. We take reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Marketing communications

From time to time, we may use your personal information, to send you information on products, services, upcoming events, offers, special deals and promotions which we think may be of interest to you. Periodic emails will also be sent updates pertaining to their order. To do this, we may contact you by telephone, email or SMS.

Unless you choose to opt out of receiving marketing material from us, we will consider that you consent to this type of communication. In order to opt out, you are welcome to contact us at any time or follow the opt-out instructions in the relevant marketing communication. For example, each email newsletter will include instructions on how you can unsubscribe from that particular mailing.

Cookies

Our Website may use cookies to enhance your experience when you visit. Cookies are packets of information that a website sends to your web browser that help the site remember information about you and your preferences. Information collected from cookies is used by us to evaluate the effectiveness of our Website, analyse trends, and administer the Platform.

You may choose to disable cookies via your web browser settings. However, if you do so, various functions of the Website may be unavailable to you or may not work the way you want them to.

Sharing your personal information

Your privacy is respected, and we do not sell, trade, or rent your personal information to others. We may share generic aggregated demographic information not linked to any personal identification information that relates to you with our business partners, trusted affiliates and advertisers for the purposes outlined above.

From time to time we may disclose your personal information to, or share it with, third parties including:

•    financial institutions, payment processors, and identity service providers with which we operate. Service providers may be contracted to help with parts of our business operations such as fraud prevention, compliance, marketing, and technology services. Our contracts will dictate for these service providers to only use your personal information to the extent of performing the services under the contract and not for their own benefit.

•    law enforcement, government officials, or other third parties when we are compelled to do so by a subpoena, court order, or similar legal procedure; or we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement/Terms and Conditions; and

•    other third parties with your consent or direction to do so.

We will take reasonable steps to ensure that third parties that have access to our personal information are bound by appropriate privacy and confidentiality obligations in relation to that personal information.

Sharing information overseas

When we share data, it may be transferred to, and processed in, countries other than the country you live in. Rest assured, where we disclose personal data to a third party in another country, we put safeguards in place requiring the third party to ensure your personal data remains protected. Generally, these include putting in place suitable contractual obligations on the recipient that ensure they comply with all applicable laws in relation to their handling of such personal information.

We currently share information with the following countries:

•    Hong Kong Special Administrative Region;

•    Australia

Third party websites

From time to time, at our discretion, we may include website links to the products and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our website. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies.

Browsing and interactions on any other website, including websites which have a link to our Website, is subject to that website’s own terms and policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

General Data Protection Regulation (GDPR) for the European Union (EU)

We will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use. We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

We must establish a lawful basis for processing your personal information. The legal basis for which we collect your information depends on the data that we collect and how we use it.

We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

We will also process your personal information if it is necessary for our legitimate interests, or to fulfill a contractual or legal obligation.

We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

We do not collect or process any personal information from you that is considered “Sensitive Personal Information” under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

Your rights under the GDPR

If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. We comply with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU. Except as otherwise provided in the GDPR, you have the following rights:

•    to be informed how your personal information is being used;

•    access your personal information (we will provide you with a free copy of it);

•    to correct your personal information if it is inaccurate or incomplete;

•    to delete your personal information (also known as “the right to be forgotten”);

•    to restrict processing of your personal information;

•    to retain and reuse your personal information for your own purposes;

•    to object to your personal information being used; and

•    to object against automated decision making and profiling.

Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy. We will endeavor to assist you in the enforcement of your rights unless non-enforcement of such rights is otherwise necessary to comply with our legal obligations or resolve disputes.

We may ask you to verify your identity before acting on any of your requests.

Closing your account

If you choose to close or deactivate your account, we will mark your account in our database as “Closed” or “Deactivated,” but will keep your account information in our database. This is necessary in order to deter fraud, by ensuring that persons who try to commit fraud will not be able to avoid detection simply by closing their account and opening a new one.

If you do choose to close or deactivate your account, your personally identifiable information will not be used by us for any further purposes, nor sold or shared with third parties, except as necessary to prevent fraud and assist law enforcement, as required by law including the AML/CTF Act and Rules, or in accordance with this Privacy Policy.

Accessing your personal information

We endeavor to ensure that the personal information we hold is accurate, complete and up-to-date. This includes updating your personal information when you advise us of changes. You can advise us of changes to your personal information by contacting us over the telephone, by email from your registered email address or online via the electronic trading service. We advise that it is also a good practice for you to keep us informed of any changes to your personal information and we encourage you to notify us promptly.

You have the right to obtain confirmation from us as to whether or not we collect your personal information, and, if so, obtain access to the personal information we hold about you.

Personal information will not be provided if, as is permitted under the APPs, your request is frivolous or vexatious; or if giving access would be unlawful or if in our reasonable opinion, to do so would result in serious threat to the life or health of any person or to public health and safety.

Complaints

If you wish to make a complaint about our privacy practices, including a breach of the Principles, you should first contact our Privacy Officer with the details of your complaint. We undertake that your complaint will be investigated diligently and our response provided to you as soon as reasonably practicable.

If you feel that we have not handled your complaint adequately you have the right to lodge a complaint in writing to the Office of the Australian Information Commissioner (OAIC). You may obtain information about the complaint process from the OAIC’s website.

If you consider that any action of ours breaches this Privacy Policy or otherwise doesn’t respect your privacy, you can make a complaint. We commit that we will respond to your complaint promptly within a prescribed timeframe. To make a complaint, please email us from the registered email address you signed up with us or write to us by post. We take any privacy complaint seriously. We will review and investigate your complaint and get back to you in a timely and efficient manner which falls within our prescribed timeframe for dealing with the complaint

You may also complain to the relevant regulator or supervisory authority. They will be able to advise you how to submit a complaint.

Processing consent

By providing any personal information to us, you are deemed to fully understand and unambiguously consent to the collection and processing of such information. If you do not agree to this Privacy Policy, please do not use our Website.

Changes to our Privacy Policy

This Privacy Policy may change from time to time. We will not materially reduce your rights under this Privacy Policy without your explicit consent or taking steps to bring such changes to your attention.

Any changes in the future will be posted on our Website, if the changes are significant, we will notify you via your registered email.

Contact us

We invite you to make comment on this Privacy Policy so we can better protect your information provided by you. If you have any questions about this Privacy Policy and would like to further information, please contact us via email at [email protected].