1. Scope

Australian Digital Asset Exchange Pty Ltd ABN 23 626 705 806 (ADAX, we, us) takes your privacy seriously and is committed to responsible privacy practices and our compliance with the Privacy Act 1988 (Cth) (Privacy Act).

This policy applies to all personal information we collect through our website located at http://www.adaxonline.com and our Platform. This policy describes how we manage your personal information, including details of what types of personal information we collect, how we collect your personal information, the purposes for which we use your personal information, to whom your personal information is disclosed to, and the steps we take to secure your personal information.

If our website or Platform redirects you to other websites or applications, those websites or applications are excluded from this policy. We recommend that you review these third party websites' and applications' privacy policies to understand how they will collect, hold, use, and disclose your personal information.

This policy was last updated on 1 March 2024.

2. What kind of personal information do we collect?

We collect personal information that is reasonably necessary for our business functions and activities. ADAX may collect the following types of personal information:

In limited circumstances, we may also collect some types of sensitive information, such as any memberships to political associations, professional or trade associations, or trade unions.

ADAX also collects general analytics and other technical information (such as your IP address, device type, unique device identification numbers, browser types, Internet Service Provider details, geolocation data, browsing preferences, searches, and usage of our website or Platform) arising from your use of our website or Platform.

3. How do we collect personal information?

Where reasonably possible, we will collect your personal information directly from you, including when you:

You decide how much personal information you wish to share with us. However, if we are not able to collect certain personal information from you, we may not be able to provide you with our website or proper access to the Platform, or you may not have access to certain features or functionality of our website or Platform.

In some circumstances and given the nature and functionality of the Platform, ADAX may also collect personal information indirectly; for example, if your personal information is incorporated into any investment deal information and any related applications and supplementary materials uploaded onto our Platform by a User. We may also receive your personal information from our affiliated entities, business partners, and other third party sources as well as publicly available sources.

If we receive any unsolicited personal information about you, we will de-identify or destroy it as soon as practical unless it is reasonably necessary for the provision of our website or Platform to you or we are otherwise required or permitted by law to retain it.

ADAX also uses 'cookies' and similar tracking technology, which automatically collect general analytics and technical information that may still qualify as personal information.

4. For what purposes do we collect, hold, use, and disclose the personal information?

ADAX will only collect, hold, use, and disclose personal information for the primary purpose of conducting our business, including to:

We may also use your personal information for purposes that we advise to you at the time we collect your personal information.

We will contact you to obtain your consent if we propose to use your personal information for any other purpose other than for which such personal information was obtained. You have the option to opt-out of such other purposes.

5. To whom do we disclose personal information?

We disclose your personal information to certain third parties in accordance with the purposes described above. We may disclose your personal information to:

6. Use of Google’s API’s

The use by ADAX of the information received through the Google API implies the User´s adherence to the Google API Services´ User Data Policy and shall be deemed to be authorized by the User.

7. Do we share your personal information overseas?

In some circumstances, ADAX may share or transfer your personal information to overseas recipients. If this occurs, we take commercially reasonable steps to ensure that any overseas recipients complies with the Privacy Act and all applicable laws in relation to their handling of personal information.

At this time, ADAX stores personal information in servers located in Australia.

8. How do we protect your personal information?

We have information security measures aimed at managing the risks of unauthorised access to, interference and loss, misuse, or disclosure of, personal information. However, you acknowledge that the security of personal information transmitted over the Internet cannot be guaranteed and we cannot control the actions of other individuals to whom you disclose your personal information. We cannot guarantee that any personal information you disclose to us will not become publicly available.

Except to the extent liability cannot be excluded due to the operation of statute, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, interference and loss, misuse, or disclosure of your personal information. Nothing in this policy restricts, excludes, or modifies or purports to restrict, exclude, or modify any statutory consumer rights under any applicable law.

To maintain the security of your personal information, you must maintain the confidentiality of your account and password used to access the Platform. Please notify us immediately if you become aware of any unauthorised access to your account or a security breach generally.

9. Direct marketing

If you choose to receive direct marketing communications, we may use your personal information to contact you with information about our Platform or other products from time to time. You may unsubscribe from receiving direct marketing communications at any time by clicking 'Unsubscribe' in any of the emails or contacting us and privacy@adaxonline.com.

10. Data retention

We will only retain your personal information to the extent necessary for the purposes described above. In certain circumstances, we may retain your personal information for a longer period of time if it is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, and enforce our Website Terms of Use and Investor Terms.

When personal information is no longer required, we will take reasonable steps to delete or de-identify the personal information from our systems.

11. De-identified and aggregated data

In certain circumstances, we may retain some personal information in a de-identified and/or aggregated form. This de-identified and/or aggregated data may be used for the purpose of market and statistical research and determining preferences and patterns of use of our website or Platform. ADAX may aggregate anonymous or de-identified data, including regarding usage, potential improvements of or functioning of the Platform and market trends. As between you and ADAX, ADAX will own all right, title and interest in such aggregated data. ADAX may use such de-identified data for its own purposes including to identify and develop new or improved functionality and improved performance of the Platform, and the development of algorithms and recommendation engines, trend analysis, and support and maintenance of the Platform. ADAX may also share a de-identified and/or aggregated data with our trusted partners to assist in research that could be relevant to your interests and preferences.

12. Your privacy rights

Subject to any exemptions under the Privacy Act, you may obtain access to personal information we hold about you. We will provide you access to your personal information unless we are required or permitted to refuse your request. We may charge a reasonable administration charge for providing you access.

Please note that ADAX may ask you to verify your identity before responding to your request.

If any of the personal information ADAX holds about you is incorrect, inaccurate, or out of date, you may request that ADAX correct your personal information.

In the event that ADAX refuses your request for access or correction of your personal information, we will provide you with the reasons for our decision and your right to complain about the refusal.

13. Changes to this policy

We may make changes to this policy from time to time. We will post the amended policy on our website or Platform. Your continued use of our website or Platform and dealing with ADAX will signify your agreement to this policy as amended.

14. How to contact us

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by ADAX or would like to request access to or correction of the personal information we hold about you please contact our team via email at privacy@adaxonline.com.

We may ask you to provide further details about your request or complaint. Our team will investigate the matter and attempt to resolve it as soon as reasonably possible.

If you consider your privacy concerns have not been resolved satisfactorily by us, or you wish to obtain more information on privacy requirements, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or visit their website at www.oaic.gov.au.