1. Purpose of this consent
  2. Why offshore disclosure is necessary?
  3. What information may be disclosed
  4. Where your information may be disclosed
  5. Consequences of providing your consent
  6. Your consent
  7. Further information
  8. Definitions

IMPORTANT – PLEASE READ CAREFULLY

This document seeks your express consent under Australian Privacy Principle 8.2(b) for BTC Markets to disclose your personal information to recipients located outside Australia. This consent applies to all cross-border disclosures that are necessary for BTC Markets to deliver its products and services to you. It is not a consent to the sale of your personal information.

If you consent, BTC Markets will not be accountable under the Privacy Act if an overseas recipient handles your information in a way that would breach the APPs, and you will not be able to seek redress against BTC Markets under the Privacy Act for any such breach. If you do not consent, BTC Markets will be unable to provide you with its products and services.

1. Purpose of this consent

BTC Markets Pty Ltd (referred to as BTC Markets, we, our, us) is bound by the Privacy Act 1988 (Privacy Act), including the Australian Privacy Principles (APPs).

Under APP 8.1, before we disclose personal information to a person or entity outside Australia, we must take reasonable steps to ensure that the recipient does not breach the APPs. Where we do so, we remain accountable under the Privacy Act for any breach by that recipient.

APP 8.2(b) provides that if we expressly inform you of the consequences of consenting, and you then consent to the disclosure, APP 8.1 does not apply and we are not accountable under the Privacy Act for how that recipient handles the information.

The purpose of this document is to expressly inform you of those consequences, and to obtain your consent to any disclosure of your personal information to persons or entities outside Australia that is reasonably necessary for us to provide our products and services to you. For the purposes of this consent, disclosure to a person or entity outside Australia includes situations where that person or entity stores or has access to your personal information on systems or servers located outside Australia. This consent covers all such disclosures, rather than any single or specific disclosure.

This Offshore Disclosure Consent should be read together with our Privacy Policy, which is available at www.btcmarkets.net.

2. Why offshore disclosure is necessary?

We operate a digital asset exchange and provide related cryptocurrency services. To deliver these services, we use a range of third-party providers – some of which are located outside Australia or process data overseas. Disclosure of your personal information to these providers occurs solely because it is reasonably necessary for us to provide our products and services to you. We do not sell your personal information to overseas parties.

The types of services that may require disclosure to a provider outside Australia include:

  • operating and maintaining our trading platform and related systems;
  • customer relationship management (CRM) systems and software;
  • identity verification, KYC and AML/CTF compliance software;
  • fraud detection, transaction monitoring and risk management services;
  • cloud computing, data hosting and IT infrastructure;
  • customer support and help-desk services;
  • payment processing and financial settlement;
  • marketing, communications and analytics;
  • blockchain analytics and on-chain compliance; and
  • cybersecurity services.

Each of these disclosures is made for the sole purpose of enabling us to deliver our products and services to you, and for no other purpose. The information disclosed is limited to what is reasonably necessary for the relevant service.

3. What information may be disclosed

The personal information disclosed will depend on the service being provided. It may include any of the categories described in section 2 of our Privacy Policy, such as your name, contact details, identity and verification documents, financial and transaction information, device and technical information, and communications data.

4. Where your information may be disclosed

Because we engage a range of service providers to support our operations, your personal information may be disclosed to providers in multiple countries. It is not practicable to list every country, as this changes when we engage new providers or existing providers change their data processing locations. Countries in which providers are likely to be located include the United States of America, Singapore, Hong Kong, United Arab Emirates, United Kingdom, European Union, India and the Philippines.

The above list is indicative only. Because service providers may change from time to time, the specific countries in which your personal information is disclosed may vary. Your consent under this document is not limited to the countries listed above, but extends to any country where disclosure is reasonably necessary for us to provide our products and services to you. In all cases, the disclosure is made solely for that purpose, and not for any other commercial purpose.

5. Consequences of providing your consent

In accordance with APP 8.2(b), we are required to expressly inform you of the following matters before you provide your consent. Please read this section carefully.

If you consent to the disclosure of your personal information to a person or entity outside Australia:

  • APP 8.1 will not apply to the disclosure. This means we will not be required under the Privacy Act to take reasonable steps to ensure that the recipient handles your personal information in accordance with the APPs;
  • we will not be accountable under the Privacy Act for any act or practice of the recipient that would, if carried out by an Australian entity, breach the APPs;
  • you will not be able to seek redress under the Privacy Act against us in relation to any such act or practice of the recipient;
  • the recipient may not be subject to any privacy obligations, or to any obligations similar to the APPs;
  • the recipient may be subject to foreign laws that could compel disclosure of your personal information to third parties, such as a foreign government authority;
  • the privacy and data protection laws in the relevant overseas jurisdiction may not provide the same level of protection as Australian law; and
  • if the recipient mishandles your personal information, your primary avenue of redress may be against the recipient directly under the applicable foreign laws, and we cannot guarantee the availability or effectiveness of any such remedy.

7. Further information

For further information about how we handle your personal information, including how to access or correct your personal information, or to make a privacy complaint, please refer to our Privacy Policy at www.btcmarkets.net or contact our Privacy Officer at [email protected].

8. Definitions

In this Offshore Disclosure Consent:

  • APPs means the Australian Privacy Principles contained in the Privacy Act;
  • Privacy Act means the Privacy Act 1988 (Cth); and
  • Terms and Conditions means the current Terms of Service for BTC Markets, as published on our website (www.btcmarkets.net) and updated from time to time.

All other terms used in this document have the same meaning as in our Privacy Policy.