Privacy Policy

Introduction

FX1 Pty Ltd ACN 637 528 851 and its subsidiary FX1 LLC (together FX1, we, us, our) are committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running our business. Where applicable privacy laws provide for exceptions or exemptions, we may rely on those exceptions or exemptions in our information handling practices. Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information. This Privacy Policy (other than section 12) explains how we manage personal information about individuals other than employees. Section 12 explains the position of employees.

Key definitions

1. How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way. We may collect the personal information you directly give us through some of the following means:

• when you create an account or profile on the FX1 application (App) or our website located at fx1.io (Website);
• when you upload content to or interact (in an identifiable manner) with our App, our Website or our social media pages;
• when you contact us via email, online posts, chat, social media platforms, telephone or other means;
• while conducting customer satisfaction and market research surveys;
• when administering any of our services;
• when you apply for a role with us; and
• as otherwise required to manage our business.

2. Types of personal information we collect

The types of personal information we collect about you depends on the circumstances in which the information is collected. The type of personal information we may collect can include (but is not limited to) your full name, address, email address, phone numbers, gender, date of birth, credit card/payment details, billing information and cryptocurrency wallet details (if applicable).

With regard to users of the Website and App, we may also collect information you provide in your profile and in your interactions with the Website or App, such as the content you post, upload or view, the messages you send and receive, the advertisements and advertisers you interact with, the searches you conduct on the Website and App, your personal preferences, and the people you connect with.

If you are an individual contractor to us or apply for a role with us, we may also collect information relevant to your engagement with us including qualifications, length of engagement, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

If we need to confirm your identity, we may collect details of appropriate identification documents. If you access our Website or if you download and access the App, we may:

• use cookies to collect additional information about your use of our Website and App, such as your internet protocol (IP) address, device information, browser information, and details on your usage (see the 'Cookies' section in our Platform Terms and Conditions for further details); and
• if you have provided us with permission to access your device's location when using our App, we may collect information about your geographical location.

In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law. Where you do not wish to provide us with your personal information, we may not be able to provide you with our products or services, and certain functionality of our Website and App may be unavailable for your use.

3. Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances. The purposes for which we use and disclose your personal information will depend on the circumstances in which we collect it. Whenever practical we endeavour to inform you why we are collecting your personal information, how we intend to use that information and to whom we intend to disclose it at the time we collect your personal information. We may use or disclose your personal information:

• for the purposes for which we collected it (and related purposes which would be reasonably expected by you);
• for other purposes to which you have consented; and
• as otherwise authorised or required by law.

In general, we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. Some of the specific purposes for which we collect, hold, use and disclose personal information are as follows:

• to operate the Website and App;
• to facilitate communications via our Website, App and our social media platforms, including communications with us and between users of those platforms, via direct messaging and posting to forums;
• we may send you push notifications and other electronic communications (including SMS) for purposes including promoting our products and services and notifying you of content that may be relevant to you based on your profile and activity on the Website and App;
• where you have provided us with access to your geographical location via our Website or App, we may send you push notifications and other electronic communications (including SMS) relevant to your location for purposes including promoting our products and services and notifying you of content that may be of interest to you based on your profile and activity on the Website and App;
• to offer and provide our products or services to you (including our cryptocurrency products and services) or to receive goods or services from you;
• to confirm your identity;
• to facilitate your entry and participation in a competition or trade promotion;
• to consider you for a job (whether as an employee or contractor) or other relationships with us;
• to optimise and customise the user experience (including content and advertising) for users of the Website, the App, our social media pages and other materials;
• to protect the security and integrity of the Website, App and social media pages;
• to operate, monitor, develop and improve our Website, our App and our products and services;
• to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our products and services;
• to comply with our legal and regulatory obligations;
• to monitor your compliance with our Platform Terms and Conditions and to address any issues or complaints that we or you have regarding our relationship or relating to the Website and App; and
• to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful manner.

4. Who we disclose your personal information to

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy. This may include disclosing your personal information to the following types of third parties:

• our suppliers, contractors and organisations that provide us with technical and support services;
• our related entities (who may use and disclose the information in the same manner we can);
• our accountants, insurers, lawyers, auditors and other professional advisers;
• any third parties to whom you have directed or permitted us to disclose your personal information (e.g. referees); and
• in the unlikely event that we or our assets may be acquired or considered for acquisition by a third party, that third party and its advisors.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law. If we disclose personal information to a third party, we generally require that the third party protect your personal information to the same extent that we do. If you post personal information (including your username and profile picture, if any) to certain public parts of our Website or App or to our messaging pages, you acknowledge that such information may be available to be viewed by the public. You should use discretion in deciding what information you upload.

5. Protection of personal information

We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas. We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law. We may need to retain records containing personal information to comply with record keeping obligations, and for other legitimate business purposes (such as quality assurance).

6. Direct marketing

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you, where:

• you have consented to us doing so; or
• it is otherwise permitted by law.

We conduct direct marketing through various channels, including by email, SMS and post. You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can do this by following the unsubscribe directions in a marketing message you receive or by making a request to our Privacy Officer (see section 14 below for details). Please note that there are certain types of communications that you may not be able to opt-out from, such as communications that we are required or permitted by law to send you.

7. E-mail analytics

Like many organisations, we use e-mail analytics to track and measure the success of our e- mail newsletters and other e-mail campaigns. We use various technologies (such as tracking pixels) to collect information such as: which of our emails you have opened, which links you have clicked, which email client you are using, whether you opened our e-mail on a computer or mobile device, and the geolocation of your IP address. We use this data to analyse and improve the performance of our e-mail campaigns.

8. Internet advertising

We may also use your personal information with online targeted advertising services that help our ads to reach you (and other people who may be interested in our products and services) on websites, apps and social media platforms across the Internet. These online targeted advertising services are operated by third party vendors. The advertising service providers that we currently use include Facebook, YouTube (Google) and Instagram.

Some of these services work by using non-identifying data about your behaviour and demographics that has been collected through cookies and other tracking technologies (such as pixels and device identifiers) when you use the Internet, including when you move between different websites and apps and use different devices. For example, third-party vendors, such as Google, may use cookies and/or device identifiers to serve ads based on your past visits to our websites. Your browser or device may provide you with the option to disable or opt-out of some of these cookies and other tracking technologies (such as device identifiers).

Other services require us to use limited amounts of your personal information. For example, we may include your information in a customer list that we provide to selected online advertising service providers (such as Facebook, Instagram and Google) so that we can conduct audience- based advertising. This allows us to show our ads to you (if you also use those platforms) and to other users of those platforms who share similar characteristics with you. The customer list is usually 'hashed' (to improve security and confidentiality) before it is processed by the service provider to target and serve our ads.

Our online advertising service providers also help us by measuring the effectiveness of our ad campaigns and providing us with analytics data that we use to inform and optimise our ad campaigns. The analytics data we receive is generally aggregated and non-identifying.

When we use any advertising service that requires us to use or disclose your personal information, we will only do so if we are permitted to do so by applicable privacy laws. You can notify us at any time if you would like us to stop using your personal information for these targeted advertising purposes. Our contact details are set out in section 14 below.

You can also:

• opt-out of certain online targeted advertising networks directly by visiting:
  - The Digital Advertising Alliance’s opt-out portal (http://optout.aboutads.info/);
  - The Network Advertising Initiative’s opt-out page (https://thenai.org/opt-out/);

• Use Facebook’s settings you to manage the types of advertising you are shown (https://accountscenter.facebook.com/ad_preferences/);

• Use Google’s settings to manage your ad preferences and opt-out of Google’s use of cookies and device identifiers (http://www.google.com/settings/ads);

• Use Instagram settings to manage your ad preferences (https://help.instagram.com/2885653514995517/?helpref=uf_share);

• Use LinkedIn's settings to manage your ad preferences and control data collected about you(https://www.linkedin.com/mypreferences/d/categories/ads);

9. Social Media Platforms

We use social media platforms such as Facebook, Instagram, YouTube and Telegram to communicate with the public about our services and businesses. We may collect the information that you choose to share with us through these platforms, including photos, videos and comments and posts.

These social media platforms have their own privacy policies, and may handle your information for their own purposes. You can access the privacy policies for these social media platforms on their websites.

If you choose to use these social media platforms to communicate with us, please be mindful that certain pages within these platforms may be publicly available. We encourage you to use the privacy settings available on each platform. If you would like to contact us directly, you can do so using the contact details in section 14.

10. Accessing and correcting your personal information

You may contact our Privacy Officer (see section 14) to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

11. Overseas transfers of personal information

Some of the third parties to whom we disclose personal information may be located outside Australia. The countries in which such third-party recipients are located depend on the circumstances. In the ordinary course of business, we commonly disclose personal information to recipients located in USA. From time to time we may also engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

By providing your personal information to us, you consent to us disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating our business and agree that APP 8.1 will not apply to such disclosures. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.

Whenever we transfer your personal information outside of Australia, we will do so in accordance with the requirements of applicable privacy and data protection laws. We may disclose your personal information to overseas recipient without your consent where permitted by the Privacy Act (and, in such circumstances, we will comply with the applicable requirements of the Privacy Act in doing so).

12. Employees

We collect information in relation to employees as part of their application and during the course of their employment, either from the employee directly or in some cases from third parties such as recruitment agencies, referees, government bodies (e.g. for police checks, if required) and academic and professional bodies (e.g. to validate details and currency of qualifications). Such information may include contact details, qualifications, resume, current and former employment details, pay rate and salary, bank details, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

We may also collect sensitive information such as details of disabilities, allergies and health issues that may impact the employee’s role or which arise while on our premises or in the performance of the employee’s duties, so we can accommodate and otherwise assist the employee with any such health requirements or incidents and comply with our legal obligations (such as reporting workplace injuries).

Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee records in accordance with legal requirements and our applicable policies in force from time to time.

13. Resolving personal information concerns

If you have any questions, concerns or complaints about this Privacy Policy, or how we handle your personal information, including if you believe we have breached the APPs, please contact our Privacy Officer (see section 14).

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously and will respond to your complaint within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:

Office of the Australian Information Commissioner

GPO Box 5218, Sydney NSW 2001

Telephone: 1300 363 992

Email: [email protected]

14. Contact details of Privacy Officer

The contact details for our Privacy Officer are as follows:
Postal address: 51A Sheahans Road, Bulleen, 3105, Victoria.
Email: [email protected]

15. Changes

15.1 We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our Website.