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Binance Australia Derivatives Privacy Policy

Last updated: 24 June 2022
OZTURES TRADING PTY LTD (ACN 142 898 324), trading as Binance Australia Derivatives, and its associated entities and any related bodies corporate (hereinafter referred to as ‘Binance Australia Derivatives’, 'us', 'we', or 'our'), are committed to respecting and protecting your privacy.
Our Privacy Policy sets out how we collect, use, store and disclose your personal information. We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us.
We may change our Privacy Policy from time to time by publishing changes to it on our website at the following page (or such other webpage as we notify from time to time: (https://www.binance.com/en-AU/Australia-privacy-policy) without prior notice. We encourage you to check this webpage periodically to ensure that you are aware of our current Privacy Policy.
All third parties (including customers, suppliers, sub-contractors or agents) that have access to or use personal information collected and held by us must abide by this Privacy Policy.
In this Privacy Policy:
  • Disclosure of information means providing information to persons outside of Binance Australia Derivatives;
  • Personal information means information or an opinion relating to an individual, which can be used to identify that individual;
  • Privacy Officer means the contact person within Binance Australia Derivatives for questions or complaints regarding our handling of personal information;
  • Sensitive information is personal information that includes information relating to a person's racial or ethnic origin, political opinions, religion, trade union or other professional or trade association membership, sexual preferences and criminal record, and also includes health information; and
  • Use of information means use of information within Binance Australia Derivatives.

1. What Personal Information do we collect and for what purpose?

We may collect personal information about you in order to facilitate your use of our website (https://www.binance.com/en-AU) (the “Website”) and to provide you with our services.
You are not obliged to, or may choose not to, provide personal information to us, however, please note that this may result in us limiting your access to the Website, limiting the provision of our services to you or being unable to provide our services to you.
The personal information we may collect and hold includes (but is not limited to) personal information about:
  • clients;
  • potential clients;
  • service providers or suppliers;
  • prospective employees, employees and contractors; and
  • other third parties with whom we come into contact.
What personal information do we collect and process?
Why do we process personal information?
- email address;
- name;
- gender;
- date of birth;
- home address;
- phone number;
- nationality;
- device ID;
- a video recording of you;
- transaction information
- Transaction services. We use your personal information to process your orders, and to communicate with you about orders and services;
- Communicate with you. We use your personal information to communicate with you in relation to the services provided to you by Binance Australia Derivatives (the “Binance Australia Derivatives Services’’);
- We collect and process identity information and sensitive information (as detailed in this section 1) to comply with our Know Your Customer (“KYC”) obligations under applicable laws and regulations, and anti-money laundering laws and regulations;
- the Internet protocol (IP) address used to connect your computer to the Internet;
- login, e-mail address, password and location of your device or computer;
- Binance Australia Derivatives Services metrics (e.g., the occurrences of technical errors, your interactions with service features and content, and your settings preferences);
- version and time zone settings;
- Provide, troubleshoot, and improve Binance Australia Derivatives Services. We use your personal information to provide functionality, analyse performance, fix errors, and improve the usability and effectiveness of Binance Australia Derivatives Services.
- transaction information and history;
- Information from other sources: we may receive information about you from other sources such as credit history information from credit bureaus;
- Fraud prevention and credit risks. We process personal information to prevent and detect fraud and abuse in order to protect the security of our users, Binance Australia Derivatives Services and others. We may also use scoring methods to assess and manage credit risks.
- Information about your behaviour: we may process information about you in relation to your behaviour and your activity for marketing and advertising purposes (subject to section 9).
- Improve our services. We process personal information to improve our services for you to have a better user experience;
- Recommendations and personalisation. We use your personal information to recommend features and services that might be of interest to you, identify your preferences, and personalise your experience with Binance Australia Derivatives Services;
We also use, hold and disclose your personal information for the following purposes:
  • consider any concerns or complaints you may have;
  • comply with relevant laws, regulations and other legal obligations; and
  • help us improve the products and services offered to our customers and enhance our overall business.

2. How do we collect personal information?

We generally collect personal information directly from you. For example, personal information will be collected through our application processes, forms and other interactions with you in the course of providing you with our products and services, including when you visit our Website, use a mobile app from us, call us or send us correspondence.
We may also collect personal information about you from a third party, such as electronic verification services, referrers, or marketing agencies. If so, we will take reasonable steps to ensure that you are made aware of this Privacy Policy. We may also use third parties to analyse traffic at our Website, which may involve the use of cookies. Information collected through such analysis is anonymous.
We will not collect sensitive information about you without your consent, unless an exemption in the APPs applies. These exceptions include if the collection is required or authorised by law, or necessary to take appropriate action in relation to suspected unlawful activity or serious misconduct.
If the personal information we request is not provided by you, we may not be able to provide you with the benefit of our services, or meet your needs appropriately.
We do not give you the option of dealing with us anonymously, or under a pseudonym. This is because it is impractical, and, in some circumstances, illegal for Binance Australia Derivatives to deal with individuals who are not identified.

3. Unsolicited personal information

We may receive unsolicited personal information about you. We destroy or de-identify all unsolicited personal information we receive, unless it is relevant to our purposes for collecting personal information. We may retain additional information we receive about you if it is combined with other information we are required or entitled to collect. If we do this, we will retain the information in the same way we hold your other personal information.

4. Can Children Use Binance Australia Derivatives Services?

Binance Australia Derivatives does not allow anyone under the age of 18 to use Binance Australia Derivatives Services.

5. What About Cookies and Other Identifiers?

We collect personal information from our Website when we receive emails and online forms. We may also use third parties to analyse traffic at the Website, which may involve the use of cookies.
Cookies are small text files which are transferred to your computer’s hard drive through your web browser that enables our Website to recognise your browser and capture and remember certain information. We use cookies and similar tools to enhance your user experience, provide our services, and understand how customers use our services so we can make improvements. We may also use analytics on the Website.
If you do not wish to receive cookies you should follow the instructions provided by your browser. Please note that if you set your browser to refuse cookies, you may not be able to use all features of our Website.

6. Does Binance Australia Derivatives Share My Personal Information?

Information about our users is an important part of our business and we are not in the business of selling our users' personal information to others. Binance Australia Derivatives shares users' personal information only as described below and with our related entities, subsidiaries or affiliates that are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Notice.
We may disclose personal information to:
  • Third party service providers: We employ other companies and individuals to perform functions on our behalf. Examples include analysing data, providing marketing assistance, processing payments, transmitting content, and assessing and managing credit risk. These third-party service providers only have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with our contractual agreements and only as permitted by applicable privacy laws. We ensure that all contractual arrangements with third parties adequately address privacy issues.
  • Business transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, user information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the user consents otherwise). Also, in the unlikely event that Binance Australia Derivatives or substantially all of its assets are acquired, user information will be one of the transferred assets.
Protection of Binance Australia Derivatives and others: We release account and other personal information when we believe release is appropriate to comply with the law or with our regulatory obligations; enforce or apply our Terms of Use and other agreements; or protect the rights, property or safety of Binance Australia Derivatives, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
We may share users' personal information with regulatory bodies (eg the Australian Securities & Investments Commission; AUSTRAC) and any financial dispute resolution scheme to which the company subscribes. This includes other law enforcement bodies; regulatory agencies; courts; arbitration bodies; and dispute resolution schemes. This may be both in Australia and internationally, as may be required by law.
If you request in writing, we may share your personal information with your nominated advisers. Except where disclosure of your personal information is required by law or requested by you, we will generally require any third party which receives, or has access to, personal information to protect it. Also to use it only to carry out the services they are performing for you or for us, unless otherwise required or permitted by law.
We will ensure that any such third party is aware of our obligations under this Privacy Policy.

7. International transfers of personal information

Binance Australia Derivatives may transfer your information internationally. We put in place suitable technical, organisational and contractual safeguards to ensure that such transfer is carried out in compliance with applicable privacy laws and regulations.
We may disclose personal information to our affiliates, suppliers, and partners that are located outside Australia in some circumstances.
We will not send personal information to recipients outside of Australia unless:
  • we have taken reasonable steps to ensure that the recipient does not breach the Privacy Act or the APPs;
  • the recipient is subject to an information privacy scheme similar to the Privacy Act; or
  • the individual has consented to the disclosure.
If you consent to your personal information being disclosed to an overseas recipient, and the recipient breaches the APPs, we will not be accountable for that breach under the Privacy Act, and you will not be able to seek redress under the Privacy Act.

8. How Secure is My Information?

We design our systems with your security and privacy in mind. We work to protect the security of your personal information during transmission by using encryption protocols and software.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your personal information. Our security procedures mean that we may ask you to verify your identity to protect you against unauthorised access to your account password. We recommend using a unique password for your Binance Australia Derivatives account that is not utilized for other online accounts and to sign out when you finish using a shared computer.
We undertake a number of physical, administrative, personnel and technical measures to protect your personal information and prevent it from misuse, interference and loss, as well as unauthorised access, modification or disclosure. Our data security measures include, but are not limited to: Secure Sockets Layer (SSL) encryption technology, pseudonymisation, internal data access restrictions, and strict physical access controls to buildings & files.
However, we cannot guarantee the secure transmission of data over the Internet nor complete safety of electronic storage. As such, we request that you understand the responsibility to independently take safety precautions to protect your own personal information.
If you suspect that your personal information has been compromised, especially account and/or password information, please lock your account and contact dpo@binance.com immediately.

9. What About Advertising and direct marketing?

In order for us to provide you with the best user experience, we may share your personal information with our related parties, marketing partners, social media platforms (and other digital platforms), for the purposes of targeting, modelling, and/or analytics as well as marketing and advertising.
We may only use personal information we collect from you for the purposes of direct marketing without your consent if:
  • the personal information does not include sensitive information; and
  • you would reasonably expect us to use or disclose the information for the purpose of direct marketing; and
  • we provide a simple way of opting out of direct marketing; and
  • you have not requested to opt out of receiving direct marketing from us.
If we collect personal information about you from a third party, we will only use that information for the purposes of direct marketing if you have consented (or it is impracticable to obtain your consent), and we will provide a simple means by which you can easily request not to receive direct marketing communications from us. We will draw your attention to the fact you may make such a request in our direct marketing communications.
You have the right to request us not to use or disclose your personal information for the purposes of direct marketing, or for the purposes of facilitating direct marketing by other organisations. We must give effect to the request within a reasonable period of time. You may also request that we provide you with the source of their information. If such a request is made, we must notify you of the source of the information free of charge within a reasonable period of time.

10. What Information Can I Access?

You can access your information, including your name, address, payment options, profile information, and transaction history by reaching out to our Privacy Officer. We will provide access within 30 days of the individual’s request. If we refuse to provide the information, we will provide reasons for the refusal.
We will require identity verification and specification of what information is required. An administrative fee for search and photocopying costs may be charged for providing access.

11. Collected information

We store collected information for as long as it is necessary to perform our contractual obligations to you, including providing our products and services to you. Your information and information about your transactions is stored for the duration of our contractual relationship with you.
If the contract is terminated, by way of account deletion or otherwise, either by you or us, this information will be deleted, unless required by applicable laws and regulations, including anti-money laundering laws. The information may be retained wholly or in part for a longer or shorter period in accordance with applicable laws or for any other justified reason. Retention periods may be altered from time to time based on regulatory or other changes.

12. Amendments

Our policies, content, information, promotions, disclosures, disclaimers and features may be revised, modified, updated, and/or supplemented at any time and without prior notice, to take account of new laws and technology, changes to our operations and the business environment, and at our sole and absolute discretion. If we change this Privacy Policy, we will take steps to notify all users by a notice on our Website and will post the amended Privacy Policy on the Website.

13. Privacy Complaints

We have an effective complaints handling process in place to manage privacy risks and issues.
The complaints handling process involves:
  • identifying (and addressing) any systemic/ongoing compliance problems;
  • increasing consumer confidence in our privacy procedures; and
  • helping to build and preserve our reputation and business.
You can make a complaint to us about the treatment or handling of your personal information by lodging a complaint with the Privacy Officer.
If you have any questions about this Privacy Policy, or wish to make a complaint about how we have handled your personal information, you can lodge a complaint with us by emailing us at dpo@binance.com.
If you are not satisfied with our response to your complaint, you can also refer your complaint to the Office of the Australian Information Commissioner by:
  • telephoning – 1300 363 992;
  • writing – Director of Complaints, Office of the Australian Information Commissioner, GPO Box 5218, SYDNEY NSW 2001; or