We respect the confidentiality of your information and take your privacy very seriously, abiding by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act).

The purpose of this document is to describe how The Brick Exchange Pty Limited ACN 600 762 749 and all its related entities (“BrickX”, “we”, “us” or “our”) manages any Personal Information that we collect in connection with your use of The BrickX Platform (ARSN 613 156 433), including its website (BrickX Platform).

For the purposes of this Privacy Policy, Personal Information means information or an opinion, whether true or not and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.

This Privacy Policy applies to Personal Information collected from Members and potential Members. Please see the Product Disclosure Statement for more information about being a Member.

This document together with the BrickX Product Disclosure Statement, Terms and Conditions and the BrickX Platform Constitution and any other terms and conditions adopted by us from time to time and available on the BrickX Platform, constitute the legal relationship between you and us in respect of your use of the BrickX Platform.

Unless you notify us otherwise, we will assume that you have consented to the collection of all information which is provided to us for use in accordance with this Privacy Policy.

Capitalised terms not otherwise defined in this Privacy Policy have the meaning given in the Product Disclosure Statement relating to the BrickX Platform.

Management of Personal Information

The Type Of Information BrickX Collects

1. In order to provide Members with the products and services that they request we will need to collect Personal Information from Members and other individuals (for example business contacts service providers and prospective Members).

1.1. The type of Personal Information that we may collect from you will depend on our relationship with you and the circumstances of collection. Information we collect may include, but is not limited to, the following:

Name, age, date of birth and place of birth.
Residential address, business address, email address and contact telephone numbers.
Information that is required or authorised by law.
Opinions about our products, services and/or staff.
Bank account details and credit / debit card details.
Details about BrickX Platform users through the use of cookies.

1.2. BrickX may collect sensitive information in order to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) provided that the requirements in the section of this Privacy Policy relating to Sensitive Information are satisfied before the information is collected. This sensitive information may include government identifiers such as your tax file number.

1.3. We may also collect copies of identification documents from you, for example drivers licences, birth certificates and passports.

1.4. If you do not provide us with the information we request, we may not be able to fulfil the applicable purpose of collection, such as to supply products or services to you.

1.5. When you access and use the BrickX Platform we will record and log for statistical purposes certain information about such access and use, including your IP address, the date and time of your visit, the parts of the BrickX Platform you access during your visit, your actions on the BrickX Platform, and the browser you are using.

Collection

2. Information provided on registration to BrickX is collected for the primary purpose of acquiring an Interest and ultimately transacting Bricks. BrickX only collects Personal Information that is reasonably necessary for one or more of the functions or activities described in this Privacy Policy.

2.1. The information will also be used to forward to you periodic information relating to your investment in BrickX and from time to time to provide to you with information of a generic or marketing nature relating to BrickX.

2.2. By completing and submitting an online application, you provide your consent to BrickX disclosing your information to Service Providers and to use your information for the purposes referred to described in this Privacy Policy.

2.3. To access or update your Personal Information, please visit www.brickx.com/login, click on ‘My Account’ and then ‘Settings’ or contact BrickX at [email protected].

2.4. Before we collect your Personal Information, or as soon as practicable after, we will take steps to notify you of the collection of your Personal Information and to remind you to review this Privacy Policy for details about the purpose for which such information is collected, how such information is used (including disclosure) and how you can access and correct such information.

2.5. If we are legally compelled to collect or disclose your Personal Information to a third party we will notify you of this fact.

2.6. Where we no longer need your Personal Information, and where we are not required by or under an Australian law or a court/tribunal order to retain such information, we will take reasonable steps to destroy or de-identify such information.

Electronic Disclosure

3. Participation on the BrickX Platform is designed to be effected and managed online via the BrickX Platform and email.

3.1. You must nominate an email address when you apply and register via the Platform. The email address you nominate at registration will be the address to which we will send you information about BrickX and any investments you make via the platform. By nominating an email address, you consent to receiving the following documents by email to that address (or to any other email address nominated by you in your BrickX Account):

Your initial membership confirmation.
Notices of material changes or significant events.
Product related promotional and offer material.
Education Centre content
Financial and operational content.
Supplementary disclosure documents

3.2. As a BrickX Member you will receive financial and operational communications related to your BrickX Account.

Use and Disclosure

Use of personal information

4. BrickX collects Personal Information for the purpose of conducting our business and providing products and services requested by you. Our policy is to use or disclose Personal Information for the primary purpose for which it was collected or for a secondary related purpose where you would reasonably expect us to use or disclose the Personal Information for that secondary purpose, or where such use or disclosure is required or authorised by or under an Australia law or court/tribunal order. We will only disclose sensitive information for a secondary purpose where the secondary purpose is directly related to the primary purpose, or where we are legally compelled to disclose such information.

4.1. In general, our uses of Personal Information include, but are not limited to:

establishing your identity;
managing your investment/s and our relationship with you;
providing you with the products or services you have requested;
providing you with updates in relation to your investment/s;
communicating with you about the products and services that we offer (including calling and emailing);
managing relations with third parties;
conducting and improving our business to help us manage and enhance our products and services and improve the investor experience;
human resources, compliance, quality assurance and staff training purposes;
managing our security and information control systems;
complying with our legal obligations, and assisting government and law enforcement agencies and/or regulators; and
identifying other products and services that we think may be of interest to you.

Disclosure to Third Parties

5. We take your privacy very seriously and take reasonable steps to confirm that third parties, with whom we deal, are also compliant with the Privacy Act. In executing services, activities and functions, where necessary, Personal Information may be disclosed to third parties and/or related bodies corporate currently located in Australia.

5.1. Your Personal Information will not be made available to any third party, other than as required by law and to service providers for permitted related purposes (for example, auditors, consultants and advisers) for the purpose of administering the investment.

5.2. Under no circumstances will we sell Personal Information. We only use or disclose Personal Information where it is reasonably necessary for, or directly related to, one or more of our functions or activities; or because it is required under relevant law or regulation . Personal Information will only be given to other organisations where one or more of the following situations applies:

We have consent from the individual.
The individual would reasonably expect, or has been advised that Personal Information may be used or disclosed.
If the use or disclosure is required by lawful authority.
If the use or disclosure relates to one or more Permitted General Situations under the Privacy Act including but not limited to) a serious and imminent threat to somebody’s life or health, or if it is reasonably necessary for law enforcement.

Cross Border Disclosure

6. BrickX does not intend to send or disclose your Personal Information to overseas recipients, but may transfer your Personal Information to a foreign recipient (including when an overseas entity accesses the information in Australia), if we reasonably believe that the below are true:

The recipient is subject to law, or a binding scheme, that has the effect of protecting your Personal Information in a way that, overall, is at least substantially similar to the APPs.
The disclosure is required or authorised by or under an Australian law or a court/tribunal order.
The transfer is necessary for the performance of a contract with you (from which the information was collected).
The transfer is for your benefit (and all other APP requirements are met).

7. In the conduct of our business, we may transfer to, hold or access Personal Information from various countries including Australia, the United States of America, Canada and the United Kingdom. The privacy laws of those countries may not provide the same level of protection as the privacy laws of the country from which the personal information was collected. However, this does not change our commitments to safeguard your privacy and we will comply with all applicable laws relating to the cross-border data disclosure. Where disclosure is to be made to an overseas entity, we will assess the privacy laws of the country where information will be disclosed to determine whether the overseas recipient is required to comply with privacy laws that are at least as stringent as the APP requirements in relation to information. We may enter into a written contract with the overseas recipient to enable us to enforce protection of the Personal Information that we provide to the overseas recipient and ensure that the overseas entity does not breach the APPs.

Sensitive Information

8. We only collect sensitive information reasonably necessary for one or more of the uses specified in this Privacy Policy if we have the consent of the individuals to whom the sensitive information relates, or if the collection is reasonably necessary for one or more of our functions or activities.

9. We may also collect sensitive information in circumstances prescribed by the Privacy Act and APPs, including if required or authorised by or under an Australian law or a court/tribunal.

Unsolicited Information

10. Sometimes we may be provided with your Personal Information without having sought it through our normal means of collection. We refer to this as “unsolicited information”.

10.1. Where we collect unsolicited information we will only hold, use and or disclose that information if we could otherwise do so had we collected it by means permitted by the APPs and this Privacy Policy. If that unsolicited information could not have been collected by a permitted means then we will destroy, permanently delete or de-identify the information as appropriate.

Direct Marketing

11. We may also use and disclose your Personal Information to keep you informed about products and services offered by BrickX.

11.1. Where permitted under the APPs and other Australian laws, we may from time to time use your Personal Information to send you:

Offers, updates, events, articles, newsletters or other information about our products and services that we believe will be of interest to you.
Offers to subscribe to our blog, social media or announcements/updates and promotional offers.

11.2. You can opt out of receiving direct marketing information from us at any time you can do this by using the unsubscribe facility in your BrickX Account:

11.3. If you elect to subscribe to any of our publications or for any notifications and later decide that you no longer wish to receive monthly updates, social media, updates or promotional material from us, you may unsubscribe by following the instructions contained in the relevant electronic marketing message.

How Your Information is Stored and Protected by BrickX

12. We strive to maintain relevant, reliable, accurate, complete and current Personal Information and to protect its privacy and security.

12.1. BrickX will take reasonable steps to protect your Personal Information from misuse, interference and loss, as well as unauthorised access, modification or disclosure. We hold the Personal Information we collect on secure servers or in physical storage located in controlled environments and protect it by using encrypted and up-to-date industry standard software protection programs and locks.

12.2. Personal Information is only accessible by officers, agents, service providers, contractors and employees of BrickX on a need to know basis, unless it is disclosed to another party in accordance with this Privacy Policy. All employees are required to maintain the confidentiality of any Personal Information they handle.

12.3. If other parties provide support services to BrickX, we require them to implement appropriate safeguards to protect the privacy of the Personal Information we provide to them. This may include requiring the execution of non-disclosure agreements to ensure the confidentiality of Personal Information. Where the Personal Information is no longer needed or required to be retained we take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.

How You can Access Your Personal Information

Contact Details

13. You are welcome to contact BrickX to request further information about this Privacy Policy, request access to your Personal Information or make a request that your Personal Information be corrected and/or updated.

13.1. BrickX is permitted to refuse access to Personal Information in certain situations. Examples include where:

Giving access would have an unreasonable impact on the privacy of other individuals.
Giving access would be unlawful, or where denying access is required or authorised by an Australian law or a court order.
Both of the following apply:

We have reason to suspect that unlawful activity, or misconduct of a serious nature that relates to our functions or activities has been, is being or may be engaged in.
Giving access would be likely to prejudice the taking of appropriate action in relation to the matter.

Giving access is likely to interfere with law enforcement activities.

13.2. BrickX will take reasonable steps to provide a copy of this Policy to anyone who requests it, free of charge. We do not charge for receiving a request to access or correct Personal Information, although we may charge a reasonable amount to cover the cost of processing such a request. In this situation, BrickX will provide an estimate of how much the service will cost and request an agreement to the cost before proceeding.

13.3. Further information can be requested using the contact details set out below.

The Brick Exchange Pty Limited
Level 27, 101 Collins Street, Melbourne VIC 3000 Australia
Email: [email protected]

Request for Correction of Information

14. We strongly encourage you to ask us to correct any Personal Information we hold that is out-of-date, incorrect, incomplete or misleading.

14.1. BrickX will respond to a request for correction of Personal Information within a reasonable period after the request is made. We may refuse access to your information or refuse a request for correction in limited cases, including where there are legal, regulatory or administrative reasons to deny access.

14.2. If BrickX refuses to correct the Personal Information as requested by you, BrickX will provide you with a written notice that sets out:

The reasons for the refusal except to the extent that it would be unreasonable to do so.
The mechanisms available to complain about the refusal.

14.3. If BrickX refuses to correct the Personal Information, it will keep with the record an indication that you have requested that the information be corrected.

15. To request a correction of your Personal Information, please contact Customer Services at [email protected].

Platform Analytics and Cookies

16. Platform analytics measurement software is used to assist in tracking traffic patterns to and from the BrickX Platform to survey users of the sites. The information gathered is not personally identifiable and is used to improve the BrickX Platform.

17. Cookies are small pieces of text stored on your computer to help us determine the type of browser and settings you are using, where you have been on the BrickX Platform, when you return to the BrickX Platform, where you came from, and to ensure your information is secure. The purpose of this information is to provide you with a more relevant and effective experience on the BrickX Platform, including presenting web pages according to your needs or preferences.

18. BrickX may also use external service providers to track the traffic and usage on the BrickX Platform. We use this information to help us refine our marketing and messaging through online advertising.

19. Cookies are frequently used on many platforms on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. You may not be able to access some parts of the BrickX Platform if you choose to disable the Cookie acceptance in your browser, particularly the secure parts of the BrickX Platform. We therefore recommend you enable cookie acceptance to benefit from all the services on the BrickX Platform.

AML/CTF ACT

20. Before we provide a product or service to you, we may be required to collect your Personal Information to comply with our customer identification obligations under the AML/CTF Act.

21. The Personal Information we collect for this purpose typically includes identification information, such as name, residential address and date of birth. In some cases, we may need to collect information about the political activities and opinions of individuals to determine whether they are politically exposed persons for the purposes of the AML/CTF Act. If we ask for this information, and you provide it to us, we will infer your consent to use and disclose the information for this purpose.

22. In certain circumstances, we may need to clarify or update the Personal Information we previously collected for identity verification purposes, or collect further information, including financial information about individuals. Where this is necessary, we will collect the information directly from you or from third party sources.

23. See the Terms and Conditions for further details about the information about our obligations and your rights in connection with a disclosure to a credit reporting agency.

24. You have the right to let us know by email at [email protected] if you do not want us to disclose your personal information to a credit reporting agency for this purpose and opt for an alternative means of verifying your identity for the purposes of the AML/CTF Act.

About this Privacy Policy

25. The Privacy Policy is 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.

26. This Privacy Policy is publicly available on our Platform at www.brickx.com/privacy

27. This Privacy Policy was last updated on 16 October 2020.

If you have an enquiry or complaint about this Privacy Policy

28. If you wish to make an enquiry about, or request access to, your Personal Information or if you have any complaint in relation to the manner in which your information has been handled, or about a breach of the APPs or a registered APP code (if any) that binds BrickX, please contact Customer Services at [email protected].

29. We endeavour to respond to complaints within a reasonable period (usually 30 days).

30. If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner by phoning 1300 363 992 or by email at [email protected].