Last revised on 22 June 2022
a) users of the Company’s website (www.btxtechnology.com), together with any content, tools, features and functionality offered on or through our website (collectively, our “BTX Platform”); and
b) any individuals who apply for jobs with the Company, including those who apply via the website.
The policy is intended to inform you of the types of information we collect, the tracking technologies we use to collect passive information, how we use information we collect, how we share information we collect, how we safeguard information we collect and other important privacy information.
This policy applies to you whenever you access or use any domains or subdomains of our website at https://www.btxtechnology.com (the “Website”), or when you access, use, or download any products, services, features, content, widgets, materials, or other tools offered by BTX (collectively, “Services”).
Your privacy is very important to us, and we are committed to maintaining your privacy. You are encouraged to carefully review these documents. The principles and standards we follow are that BTX:
a) will only collect personal information from you with your prior knowledge and consent. You can access our website and browse the site without disclosing personal information;
b) will only use personal information provided by you for the purposes for which it was collected;
c) has implemented security technology, rules, measures, and policies to protect the personal information under our control against unauthorised access, improper use, alteration, unlawful or accidental destruction and accidental loss; and
d) will remove personal information from our systems where it is no longer required (except where archiving is required).
2. The Types of Information we Collect
To provide our Services, and facilitate exchanges between users of the Website, we obtain personal information directly from you and obtain information about you indirectly through electronic communications and third parties.
Some features of the BTX Platform may require you to enter certain information about yourself. You may elect not to provide this information but doing so may prevent you from using or accessing these features. Any information you provide in connection with those features will be used in connection with your use and access of those features.
The following personal information may be collected.
2.1 User Supplied Membership Information
Depending on the Services you seek to access we may require that you provide us with some or all the following types of personal information:
b) phone number;
c) financial information;
d) payment information;
f) entity information;
h) SSN (or equivalent);
i) date of birth; and
Our membership registration process, surveys and questionnaires may request that you provide other information that you may, at your option, choose to provide or withhold. Any such information provided will be subject to this policy.
2.2 Verification Information
From time to time, we may need to collect certain types of personal information from you in order to verify your identity or to meet legal and regulatory obligations, such as under the ‘know-your-customer’ (KYC) process or to meet obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the “AML/CTF Act”) or other relevant laws.
To help us verify your identity, you may be required to provide us a copy of your driver’s licence, passport or other government issued ID. If required to help us verify your residence, you may be required to provide us with a utility bill, lease, or other proof of residence. If you seek to invest through an entity, you may be required to provide us with documentation relating to the entity’s jurisdiction of formation, legal status, and ownership.
By providing the verification information and documents mentioned above, you also provide us information within those records, which may include information like your age, gender, ethnicity or national origin. Such information is regarded as ‘sensitive information’ under the Act, which we will only collect with your express consent or as required by law. Sensitive information is a subset of personal information.
Although you have the right to be anonymous, we may not be able to provide the Services to you without such information.
2.3 Account Information
Your BTX username, password and BTX controlled wallet details will be required to be recorded by BTX to maintain and secure your account with us. If you choose to associate a self-custody wallet with an account on the BTX Platform, you are responsible for keeping the wallet credentials safe.
2.4 Banking Information
To make an investment in securities offered through our Website or to purchase NFTs, products or other services you may be required to provide us and/or our financial partners with certain account and other payment information, such as information needed to make payment via Automated Clearing House (ACH), wire, electronic checks, cryptocurrency, foreign currency, or any other payment method accepted by us at such time.
Our membership registration and buy flow process provides additional details on the types of payment information needed. For members who link or verify bank accounts over our platform, we may use services provided by Stripe to gather your data from financial institutions. By using those features of our Services, you grant us and Stripe the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You further agree to your personal and financial information being transferred, stored, and processed by Stripe in accordance with the Stripe Policy.
2.5 Automatically or Passively Collected Information (“Usage Data”)
In addition to information you directly provide, we may automatically or passively collect information when you access or use our services, such as your IP address, device identifiers, click path, use of our Website and other electronic data. We may also record page views (hit counts) and other general statistical and tracking information, which will be aggregated with that of other users to understand how our Website is being used, and for security and monitoring purposes.
To determine whether your computer is supported by our system, we may collect additional technical information, including your operating system and browser, as well as the presence of any software that our Website may require to operate with your computer, or other Third-Party software on your computer.
The Usage Data collected may include:
a) unique device identifier;
b) device type, such as your phone, computer, or tablet;
c) IP address;
d) browser type;
e) wallet type;
f) date and time stamps;
g) operating system;
h) transaction history;
i) log data;
j) approximate location, including latitude and longitude;
k) time zone; and
l) other information regarding your interaction with the platform, such as clickstream data, ad impressions, primary market transactions and interactions with secondary marketplaces, collectibles, and collections.
2.6 Information Related to Your use of the Services
We collect certain information about you when you visit the Website and interact with any of our Services. We collect information about when you use Services, the pages within the Website you visit, the links you click on, the type, size, and names of files you upload or download, and the search terms you use. If you invite others to use the Website, we retain information about your referral.
We collect information in connection with the transactions you become a party to through our Services, including your participation in primary offerings via the Website and secondary purchase and sale transactions through the secondary market bulletin board. Transaction data includes, without limitation, the terms on which you purchase or sell securities and information relating to price, size, volume, class of securities, offers, acceptances, transfer restrictions, and any derivative data related thereto.
2.7 Third-Party Information
We may collect information about you from third-party sources with which we maintain various commercial relationships. We will only collect information about you from third party sources where it is unreasonable or impractical for us to collect that information directly from you.
We utilise a third-party identity verification service provider to help us confirm your identity, prevent fraud, money-laundering and other illegal activity, and to satisfy legal requirements relating to the Services.
We may also receive information about you and your activities from third-party service providers, such as Google, LinkedIn and other advertising, social media and market research partners who provide us with information about you, and/or your engagement with and interest in our Services.
We may also receive information about you from our third-party marketing partners, under referral programs, service providers, partnership agreements and/or under joint marketing arrangements.
3. Cookies and other tracking technologies
3.1 Do Not Track Signals
Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, you can visit http://www.allaboutdnt.com.
3.2 Cookies and Other Tracking Technologies
You may control the way in which your devices permit the use of Tracking Technologies. If you so choose, you may block or delete our cookies from your browser; however, blocking or deleting cookies may cause some of the Platform, including any portal features and general functionality, to work incorrectly.
A “cookie” is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive or on your browser. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Website and use them to recognise you when you return to our Website. By using the Website, you consent to this use.
Most browsers accept cookies automatically. However, you may be able to configure your browser settings to use the Platform without some cookie functionality. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule.
We may also use so-called “pixel tags” – small graphic images (also known as “web beacons” or “single-pixel GIFS”) – to tell us what parts of our website have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our users.
We may also send email messages that use a “click-through URL” linked to content on our Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications.
You can “opt-out” of receiving these types of communications from us or being tracked using “click-through URLs” by following the directions provided at Section 8.4 of this policy.
4. How we use the information we collect
We use the information we collect automatically to improve the functionality of the Platform, to facilitate transactions you initiate through the Platform, to improve the security of your account, to monitor and manage your usage of the Platform, to tailor features and content to you, to run analytics and better understand user interaction with the Platform.
In addition to the foregoing, we may use all the above information to comply with any applicable legal obligations (including, without limitation, legal prohibitions in transacting with certain wallet addresses and complying with Principal Racing Authorities requirements), to enforce any applicable terms of service, and to protect or defend the Platform, our rights, the rights of our users, or others.
Furthermore, we may use your information for the following commercial purposes:
a) to administer, operate, facilitate, and manage your relationship with BTX and deliver the Services;
b) to facilitate our business operations, including fulfilling our legal and regulatory requirements such as identity verification, validation, KYC processes and complying with the AML/CTF Act;
c) determining your eligibility to invest;
d) to enable you to subscribe for securities, make and receive payments and execute transactions;
e) to enable you to purchase Collectible and Company NFTs;
f) to satisfy our record keeping and transfer agency obligations under applicable laws, rules, and regulations;
g) subject to the direct marketing terms at Section 6 below, to communicate with you about the Services and target our marketing, advertising, and sales efforts to enhance your user experience and increase engagement. These communications may alert you to new Services, offerings, features, content, and promotional events;
h) subject to the direct marketing terms at Section 6 below, provide you with information about our current Services, including onboarding materials, the availability and terms of new investment opportunities, reminders, information about your previous investments;
i) to verify your identity, accounts, and activity, to monitor suspicious or fraudulent activity, and to identify violations of Service policies. We also use your information to debug, identify and correct errors;
j) on a de-identified, aggregated basis, for research and development activities, including to analyse how you use the Services to help us understand usage patterns and know if there are problems with the Services or areas ripe for improvement; and
k) contact you or, if applicable, your designated representative(s) by post, telephone, text message, electronic mail, facsimile, etc., in connection with your relationship with BTX, including with information and updates about our Services.
5. How we disclose your information
b) Where the disclosure is necessary to comply with any requirement of Racing Australia or any state or territory racing authority relating to the provision of information regarding the identity of persons acquiring interests in racehorses (or interests in managed investments schemes related to racehorse ownership);
c) Where the disclosure is necessary to fulfil our legal and regulatory requirements such as identity verification, validation, KYC processes and complying with the AML/CTF Act. This may include disclosing your personal information to service providers who assist us in fulfilling our legal and regulatory requirements;
d) With vendors or other service providers, such as:
- payment processors;
- cloud storage providers;
- BTX IT Service providers;
- BTX Financial Advisors;
- email marketing services vendors;
- security vendors;
- compliance vendors; and
- human resources service providers, including for processing job applications and conducting background checks;
f) with our platform partners to facilitate interoperability and the provision of the Platform to you and for you to make payments;
g) with sponsors and business partners for the purpose of our business relationship with them;
i) in connection with an asset sale, merger, bankruptcy, or other business transaction;
k) to ensure the safety and security of the Company and/or its users;
l) when you request us to share certain information with third parties, such as through your use of social media widgets or login integrations; and
m) with professional advisors, such as auditors, law firms, or accounting firms.
We may also disclose your personal information for other purposes if we notify you of the disclosure at or about the time of collecting the information, we have otherwise received your consent or the disclosure is required or authorised by law.
When we do share or disclose your personal information to a third party, we will only do so to the extent necessary to provide you with the services (or as otherwise notified and consented to by you).
In addition, if we are involved in a merger, acquisition, financing due diligence, reorganisation, bankruptcy, creation of a trust or other affiliated entity, receivership, or sale of BTX’ assets, or other corporate transaction affecting BTX, your information may be shared, transferred or sold under a duty of confidentiality as part of a transaction as permitted by law or by contract.
6. Direct Marketing
Direct marketing includes, but is not limited to, sending information to our customers and other parties (including individuals) and/or contacting our customers (including individuals) in relation to promotions relating to BTX.
a) telephone or mobile calls to any numbers you have provided to us, including by way of auto-dialled or pre-recorded message calls;
b) SMS messages including text messages; and/or
c) emails to any email address you have provided to us.
Recipients of direct marketing are always able to opt out of receiving direct marketing communications by sending an email to BTX’s Privacy Officer at email@example.com. In any direct marketing communication, we remind recipients of their right to opt out of receiving direct marketing communications.
If your relationship with BTX ends, we will continue to treat your personal information, to the extent we retain it, as described in this policy.
7. How We Safeguard Your Personal Information
7.1 Security Systems and Processes
We have put in place security systems designed to prevent unauthorised access to or disclosure of personal information, and we take all reasonable steps to secure and safeguard this personal information, including:
a) our Website’s password-protected section requires users to give us unique identifiers such as their user ID and password and authenticate themselves prior to accessing the Services;
b) we use industry standard encryption technology for any information we store;
c) BTX employees are required to acknowledge that they understand and will abide by this policy with respect to the confidentiality of Personal Information;
d) where applicable, companies that we do business with agree to abide by this policy and apply similar safeguards to Personal Information;
e) we provide access to our databases containing Personal Information on a need-to-know basis only; and
f) we use automated tools to monitor network traffic to identify unauthorised attempts to upload information, change information, or otherwise seek to “hack into” our systems.
Our security systems are therefore structured to deter and prevent hackers and others from accessing information you provide to us. Please understand, though, that this information should not be construed as a warranty that our security systems are fail proof. Due to the nature of Internet communications and evolving technologies, we cannot provide, and we also disclaim assurance that the information you provide us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorised access.
7.2 Credit Card Security
BTX will safeguard the confidentiality and security of the information we obtain from you. This notice describes our policy as it relates to the collection, protection and disclosure of such information resulting from credit card transactions only.
BTX will collect and use information obtained from credit card transactions only for business purposes. The credit card information provided by you to BTX will be stored in a confidential manner. Our employees may access such information only when there is an appropriate business reason to do so, such as when a refund must be issued back to the credit card.
We maintain physical, electronic, and procedural safeguards to protect your information, and our employees are required to follow these privacy standards. Transmission of information, including any payment information, is encrypted, and protected using TLS/SSL technology. BTX does not disclose any non-public information (such as credit card number and their expiration dates), except as required by law. We disclose information only when it is necessary for the conduct of government business, or under circumstances where disclosure is required by law. Information may also be disclosed for audit purposes, to regulatory agencies or for other general administrative services.
8. Other Important Privacy Information
8.1 User Generated Content
Certain features of the Platform may allow you to upload content (e.g., usernames, first name, last name, a profile picture, or biography) directly to the Platform (“User-Generated Content” or “UGC”). We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit UGC to any public area of the Platform, your UGC will be considered “public” and will be accessible by anyone, including the Company.
Please note that we do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the features permitting creation of UGC or what others do with information you share with them. We are not responsible for the accuracy, use or misuse of any such UGC that you disclose or receive from third parties.
8.2 Social Features
Certain features of the Platform permit you to initiate interactions between the Platform and third-party services or platforms, such as social networks (“Social Features”). Social Features include features that allow you to click and access the Company’s pages on certain third-party platforms, such as Facebook, Twitter, and Discord and from there to “like” or “share” our content on those platforms.
Use of Social Features may entail a Third-Party’s collection and/or use of your data. If you use Social Features or similar third-party services, information you post or otherwise make accessible may be publicly displayed by the third-party service you are using. Both the Company and the Third-Party may have access to information about you and your use of both the Platform and the third-party service. For more information on third-party websites and platforms, see Section 8.3.
8.3 Third-Party Sites
8.4 Opting Out of Communications
If you wish to stop receiving marketing or promotional communications or to opt out of use of your information for the purposes described in this policy, please follow the opt-out instructions, such as clicking “Unsubscribe” (or similar opt-out language), in those communications. You can also contact us at firstname.lastname@example.org to opt out. Despite your indicated email preferences, we may send you service-related communications, including notices of any updates to our terms of service or this policy. Please understand that you will not be allowed to opt–out of certain communications required to comply with applicable laws, rules and regulations or other legal and related notices concerning your relationship to the Website.
8.5 Changing or Deleting Information
All users may review, update, correct or delete the Personal Information furnished by a user by contacting us at email@example.com or, in certain cases, by accessing your member account. If you request, we will take reasonable steps to remove your name and other personal information from our databases. Please understand, however, that:
a) it may be impossible to remove this information completely, due to regulatory reporting requirements, investments on the platform and the rights thereof, and data backups and records of deletions;
b) if you request deletion of your information, you may be unable to use certain features of the Website and any associated Services, or we may otherwise be limited in our ability to provide you with certain information or services; and
c) certain Personal Information may remain in our databases following the deletion of your account pursuant to our data retention policy, outlined at paragraph 8.6.
8.6 Data Retention
We retain information we collect for as long as you use the Services (including your ownership of securities in BTX entities) or as necessary to fulfil the purposes for which it was collected, provide our Services, resolve disputes, establish legal defences, enforce our agreements, and comply with applicable laws.
BTX retains information provided to us including individuals’ contact and financial and transactional information to enable us to verify transactions and customer details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.
We may retain information that is otherwise deleted in anonymised and aggregated form, in archived or backup copies as required pursuant to records retention obligations or otherwise as required by law. We may retain an archived copy of your records as required by law or for legitimate business purposes.
8.7 Lost or Stolen Information
You must promptly notify us if you become aware that any information provided by or submitted to the Website is lost, stolen, misleading or deceptive, or otherwise used without permission.
8.8 Download or Access Personal Information
Any individual may request access to personal information about them held by BTX. You can ask us for a copy of your Personal Information, including a copy in machine readable form, by emailing us at firstname.lastname@example.org. BTX does require that, as part of any request by an individual for access to personal information, the individual verifies their identity so that BTX may be satisfied that the request for access is being made by the individual concerned.
BTX is not required to give an individual access to personal information in any circumstances where:
a) BTX reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;
b) giving access would have an unreasonable impact on the privacy of other individuals;
c) the request for access is frivolous or vexatious;
d) the information relates to existing or anticipated legal proceedings between BTX and the individual, and would not be accessible by the process of discovery in those proceedings;
e) giving access would reveal the intentions of BTX in relation to negotiations with the individual in such a way as to prejudice those negotiations;
f) giving access would be unlawful;
g) denying access is required or authorised by or under an Australian law or a court / tribunal order;
h) BTX has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to BTX’s functions or activities has been, is being or may be engaged in and giving access would be likely to prejudice the taking of appropriate action in relation to the matter;
i) giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body; or
j) giving access would reveal evaluative information generated within BTX in connection with a commercially sensitive decision-making process.
If we refuse to provide an individual with access to or correct the personal information held by us about the individual, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.
8.9 Children and Teens
Due to the Principal Racing Authority ownership requirements, we do not allow individuals who we know are under 18 to participate in our website or services. You must be at least 18 years old to use our website and services.
Please understand that we cannot necessarily tell if a user is providing us with his or her true age. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
8.10 Overseas Disclosure
BTX is based in Australia. The Services are controlled and operated by us from Australia and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of Australia. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services, you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country.
In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
9. Contact Us
Attention: BTX Privacy Officer
10. Privacy Complaints
a) will be treated seriously;
b) will be dealt with promptly;
c) will be dealt with in a confidential manner; and
d) will not affect your existing obligations or affect the commercial arrangements between you and BTX.
We will seek to resolve your complaint within 30 days of receipt, unless we inform you otherwise and seek your agreement in writing.
On receipt of your complaint, our BTX Privacy Officer will commence an investigation and you will be informed of the outcome following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which BTX will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner (www.oaic.gov.au).