Privacy policy

SYFE AUSTRALIA PTY LTD., ABN 82 655 611 779, a company incorporated in Australia, whose principal place of business is at level 2, 161 Collins Street, Melbourne CBD, Victoria 3000 (collectively referred to as “we” or “us” in this Privacy Policy), with assistance from third parties, operate the electronic trading platform at www.syfe.au.com (the “Platform”) and the Services (as defined below) provided therein. We are committed to respecting and protecting your personal information collected through or in connection with our Platform.

We take our responsibilities under the Privacy Act 1988 (Cth) (Privacy Act) seriously. We also recognise the importance of the personal information you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal information.

This Privacy Policy is designed to assist you in understanding how we collect, use, disclose and/or process the personal information you have provided to us, as well as to assist you in making an informed decision before providing us with any of your personal information.

“Personal information” is any information that can identify you or that can reasonably enable your identity to be determined. This information could include your name, postal or email address, date of birth, financial details, Tax File Number and/or Australian Business Number.

Personal information includes “sensitive information”. Sensitive information is any information, or an opinion concerning about your racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices or criminal record. It also includes health or genetic information, biometric information and biometric templates.

If you, at any time, have any queries on this policy or any other queries in relation to how we may manage, protect and/or process your personal information, please do not hesitate to contact our Privacy Officer at the contact details below.

This Privacy Policy (together with our Terms and Conditions of Platform Use) sets out the basis on which we use and process any personal information we collect from you as a user of our Platform.

In addition, our Platform may, from time to time, contain links to and from the platforms or websites of our partner networks, advertisers, affiliates or other third parties. If you follow a link to any of these platforms or websites, please note that the operators of these platforms’ websites have their own privacy policies. As these platforms and websites are not owned or operated by us, we do not accept any responsibility or liability for the contents of these platforms or websites and their operators’ privacy policies and you access and provide your personal information to these third party platforms or websites at your own risk. Please check the relevant privacy policies before you submit any personal information to any such platforms or websites.

We may collect and process personal information about you in all of our interactions with you, including the following:

1. You are likely to provide personal information to us when signing up to be our client and use our Platform. This includes but is not limited to your name, email address and other contact details.
2. If you contact us for any reason, we may keep a record of that correspondence which contains personal information.
3. Your personal information may be captured via any error logging and reporting tool that captures error report data and, at your option and with your consent, this data may be sent to us in order for us to be informed of any software errors or problems that may occur during your use of our Platform or the Services provided on it.
4. Details of your visits to our Platform, the activities you engage in when accessing our Platform and the Services that you use or access on or via our Platform may also be captured – for example your internet protocol (IP) address, device identifiers, browser type, operating system, internet service provider, location, mobile network information, pages accessed, time stamps and your online transaction history.

In certain situations, the personal information we collect may (where appropriate and where it is permitted by law) include sensitive information.
We will only collect “sensitive information” if you have consented to the collection of the information and the information is reasonably necessary for one or more of our functions or activities or if the collection of sensitive information is authorised or required by a court/tribunal order or an Australian law, including the following Australian laws:

1. Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
2. Corporations Act 2001 (Cth);
3. Income Tax Assessment Act 1936 (Cth) and Income Tax Assessment Act 1997 (Cth);
4. Privacy Act.

We will generally collect your personal information as much as possible directly from you. For example, we collect information about you when you complete your application form.
From time to time we may obtain personal information about you from third parties (for example, identity verification service providers, publicly or commercially available sources or third parties you have authorised us to contact) for the purpose of complying with legislative obligations, such as anti-money laundering laws.

We use cookies on our Platform. A cookie is a text file that a website transfers to your computer's hard disk so that the website can remember who you are. Cookies only record those areas of a website that have been visited by your computer and for how long.
You have the ability to accept or decline cookies by modifying the setting in your browser. If you would like to do this, please see the help menu of your browser. However, you may not be able to use all the interactive features of our Platform if cookies are disabled.

We do not store or collect cookie information. Once we receive information from you, via email or any other means, the information is stored in a secure environment.

We may use your personal information that we possess to provide, personalise, maintain and improve our Platform and Services, including for the following purposes:

1. to process, administer and/or manage your client account with us and contact you as may from time to time be necessary in connection with your use of our Platform and/or the Services made available on it;
2. to contact you using the contact information provided by you in order to provide you with information that you request from us;
3. to manage and administer your use of our Platform and/or Services, including to resolve user support issues, and contact you as may from time to time be necessary in connection with your use of our Platform and/or Services;
4. to collect information relating to your online interactions with us (including, for example, your IP address and the pages you view) so that we can offer you a more consistent and personalised experience in your relationship with us and better serve your needs by customising the content that we share with you;
5. to store, host and/or back up (whether for disaster recovery or otherwise) your personal information, whether within or outside Australia;
6. for record-keeping purposes;
7. to conduct research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our Platform, services and facilities in order to enhance the services we provide to you;
8. to perform credit risk, know-your-customer, anti-money laundering / countering the financing of terrorism, financial and other relevant risk assessments and checks on you; and
9. to market our and our partners’, sponsors’ and advertisers’ products, services, events or promotions, including to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings, etc.. We may communicate such marketing to you by post, email, telephone call, short message service, online messaging service, push notification, or by hand. You may unsubscribe to the use of your personal information for marketing and promotions by clicking on “Unsubscribe” in the relevant email or message

We may also use your personal information for legal and company administration purposes, including:

1. to investigate and resolve claims or disputes;
2. to protect the rights, property or safety of any person (including for the purposes of fraud detection and prevention);
3. when we are required, advised, recommended, expected or requested to do so by our legal advisors or any local or foreign legal, regulatory, governmental or other authority, statutory boards, related companies, including for any audit, compliance, investigation or inspection purposes;
4. to comply with court orders, applicable law, regulation, legal process or government request;
5. to enforce or apply our Terms of Use and/or Agreement, or any other arrangements with you;
6. to respond to legal process, pursue legal rights and remedies, defend litigation and managing any complaints or claims; or
7. in connection with mergers, acquisitions, joint ventures, sale of company assets, consolidation, restructuring, financing, business asset transactions, or acquisition of all or part of our business by another company.

Your personal information may be used, disclosed, maintained, accessed, processed and/or transferred to the following third parties, whether located in Australia or outside of Australia for one or more of the purposes set out in paragraph 4 above:

1. our related group companies;
2. third party service providers responsible for the processing of your data, for example, third party service providers which have been engaged by us to: (i) to provide and maintain any IT equipment used to store and access your personal information; (ii) to host and maintain our Platform; (iii) to conduct research, analysis and development activities (including but not limited to data analytics, surveys and/or profiling) to improve our Platform, Services and facilities in order to enhance the Services we provide to you; (iv) to advise us in connection with the activities carried out pursuant to our Platform and/or Services; or (v) otherwise in connection with the provision of certain services provided to you on or via our Platform;
3. our broker, auditors and legal advisors;
4. public and governmental/regulatory authorities, statutory boards and industry associations; or
5. courts and other alternative dispute forums.

In certain circumstances we may provide third parties (whether or not located in Australia) with aggregate information about our Platform's users. This may include information about your computer, including (where available) your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is anonymised statistical data about our users' browsing actions and patterns, and does not identify any individual.

We may require your consent to use and/or disclose your personal information if we need to use your information for a purpose that is not related to the purpose for which it was collected.

If you do not consent to us collecting, using and/or disclosing your personal information for such other purposes, this may affect our ability to deliver and improve our Platform and/or Services, or to provide Services to you.

We have implemented appropriate physical, technical and administrative measures to store and protect your personal information from unauthorised access and use. Access to your personal information is limited to authorised personnel only and on a need-to-know basis.

The personal information that we collect from you may be transferred to, used, processed and stored outside of Australia for one or more of the purposes set out above. By submitting your personal information and/or using our Platform, you agree and consent to such transfer, storing or processing.

We have entered into contractual undertakings to ensure that the personal information which we collect from you and transfer to our service providers (whether or not located in Australia) is adequately protected.

Please note that the laws on processing personal information in other countries may be less stringent than in Australia. When we disclose your personal information overseas, we will adopt reasonable measures to ensure that your information is held, managed and accessed in accordance with the standards that apply in Australia, including the Australian Privacy Principles.

We will take reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorised access, disclosure or modification of your personal information. Such steps could include, but are not limited to, ensuring that third party service providers are compliant with recognised cybersecurity standards such as those set out by the International Organisation for Standardisation (ISO 27001) or the System and Organisational Controls (SOC 2). We will review, update and monitor these measures on a regular basis.

The people within our organisation who handle your personal information are only those who have the need to access it and they have the training and skills to protect your personal information from unauthorised access or misuse.

We may retain your personal information for as long as it is necessary to fulfil the purpose for which it was collected, and in accordance with applicable laws.

When we no longer need your personal information, we will seek to delete, destroy or de-identify it in accordance with our record retention policy and any applicable laws.

Where you provide your personal information on our Platform, you should try to ensure such personal information is accurate, and let us know if it changes so that we are not holding any inaccurate personal information about you.

If it is lawful and practicable, we offer you the opportunity to deal with us anonymously or by using a pseudonym. For example, we can provide general information to you about our products or services, or general guidance on how to fill out our forms without collecting any personal information from you.

However, if we are unable to collect and/or verify some or all of your personal information, we may not be able to enter into a business relationship with you or provide certain Services to you. In order for us to provide our Services to you it is normally impracticable for us to deal with you anonymously or by using a pseudonym. For example, if you do not provide your personal information to us, we will be unable to properly administer your account or adequately provide our Services.

You may withdraw your consent for us to collect, use, disclose and/or process your personal information for some or all of the purposes listed in this Privacy Policy. However, depending on the nature and scope of your request, we may not be able to continue providing our Services to you and we shall, in such circumstances, notify you before completing the processing of your request.

You may request to access and/or correct the personal information currently in our possession by writing to the Privacy Officer using the contact details provided below. Please note that we may charge you a reasonable fee for the handling and processing of your requests to access your personal information.

We will provide you with access to your personal information in accordance with the Privacy Act. We may seek to verify your identity before we process any access requests to make sure that the personal information we hold about you is sufficiently protected.

Under the Privacy Act we can deny access to some or all of your personal information in specified circumstances, and we will provide reasons for any refusal in writing. If you are not satisfied with any refusal to grant you access to your personal information, you may make a complaint (see section 14).

Notifiable Data Breaches (“NDB”) scheme requires us to notify you and the Office of the Australian Information Commissioner (“OAIC”) of certain data breaches and recommend steps you can take to limit the impacts of a breach (for example, a password change). The NBD scheme requires us to notify about a data breach that is likely to result in serious harm to affected individuals. There are exceptions where notification is not required. For example, where we have already taken appropriate remedial action that removes the risk of serious harm to any individuals.

If we believe there has been a data breach that impacts your personal information and creates a likely risk of serious harm, we will notify you and the OAIC as soon as practicable and keep in close contact with you about the nature of the breach, the steps we are taking and what you can do to reduce the impacts of your privacy.

If you believe that any personal information we hold about you has been impacted by a data breach or for a copy of our Notifiable Data Breaches Procedure, you can contact our Privacy Officer.

The General Data Protection Regulation regulates the processing of personal information under European Union (“EU”) law. The GDPR aims to protect the information relating to individuals in the EU and harmonise data protection laws across EU Member States. We follow GDPR as it applies to EU clients to manage your personal information under the GDPR. For a copy of our GDPR Manual, please contact our Privacy Officer.

We reserve the right to amend the terms of this Privacy Policy at our absolute discretion. Any amended document will be posted on our Platform and we may notify you when significant changes are made. You are expected to check this page from time to time to take notice of any changes we have made. You can also contact us to obtain an up to date copy of this Privacy Policy.

If you want to contact us with specific queries or concerns in relation to this Privacy Policy, or if you have any questions or complaints as to how your personal information is collected, used, disclosed, protected and/or processed by us, please contact our Privacy Officer:
Email: [email protected]
Phone: 1800 577 398
Mail: Level 2, 161 Collins Street, Melbourne CBD Victoria 3000

If you are not satisfied with the manner in which we deal with your complaint you may refer it to the Office of the Australian Information Commissioner (OAIC). You can contact the OAIC:
Online: by visiting www.oaic.gov.au
Email: [email protected]
Phone: 1300 363 992
Mail: GPO Box 5218 Sydney NSW 2001