- WHO IS RESPONSIBLE FOR YOUR DATA?
Bullion Capital (“we” / “us”, “our”) is responsible for controlling and processing your personal data. The term “personal data” refers to information that relates to you and allows us to identify you, either directly or in combination with other information that we may hold. The below sets out the way Bullion Capital collects, stores and otherwise uses your personal data and the reasons for doing that.
- TYPES OF PERSONAL DATA WE COLLECT
Bullion Capital collects personal data from you at various points during your relationship with us, including when you first become a client. We may collect and process the following categories of information about you (please note this list is not exhaustive):
Category of Personal Information Description
- Title, name, surname, gender, date of birth
- Permanent residential address, correspondence address,
- home/mobile/work phone number and E-mail address
- Nationality, country of birth, city of birth, country of issue of identity card/ passport,
- Politically Exposed Person (“PEP”) classification, nationality,
- Details about you stored on documents in different formats, or copies of them. This may include documents such as passport, drivers licence, birth certificate.
- Bank accounts, IBAN numbers and SWIFT/BIC codes
- A number or code given to you by a government to identify who you are, such as a national
- insurance number, passport number or Tax Identification Number
- National identifier
You may also provide further information (either on request or voluntarily) by email, post, in face-to- face meetings or by phone.
- HOW BULLION CAPITAL COLLECTS YOUR PERSONAL DATA
Bullion Capital collect information from our clients predominantly through our online account application questionnaire form also through subsequent interactions with you. We use different methods to collect data from and about you, including through:
You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, email, online, and face to face meetings or otherwise. This includes personal data you provide when you:
- apply for our services
- subscribe to one or more of our services
- request marketing to be sent to you or
- give us some feedback
Automated technologies or interactions
- WHY AND HOW BULLION CAPITAL USES YOUR PERSONAL DATA
Bullion Capital uses your personal data for the following purposes:
- In connection with the provision of services to you, in order to administer and run those services with you. This may involve seeking, receiving and processing instructions from you, fulfilling our obligations to you, responding to any request made by you and/or communicating changes to the services in question.
- In order to contact you, including updating you in relation to our services.
- In order to carry out full customer due diligence.
- In order to comply with relevant regulations and obligations including, but not limited to, obligations relating to prevention of money laundering and funding of terrorism, fraud and crime prevention. This includes performing screening checks at application stage and on a periodic basis thereafter.
- HOW LONG BULLION CAPITAL RETAINS YOUR PERSONAL DATA
Bullion Capital will keep our personal data during your relationship with us, and potentially for up to 5 years once your relationship has ceased, for the following reasons:
- To respond to any questions or complaints
- To demonstrate that you are, or have been, treated fairly
- To satisfy our record keeping obligations in accordance with the applicable legislation and regulations
Bullion Capital may be required to keep your personal data for longer than 5 years if it cannot be deleted for legal, regulatory or technical reasons.
- SHARING YOUR PERSONAL DATA
Bullion Capital might share your personal data with third parties, in limited circumstances. Predominantly that sharing is carried out in order to ensure that our services are provided and administered successfully and in compliance with our regulatory and professional obligations. Your personal data may be shared by Bullion Capital as follows:
- Bullion Capital will share your personal data during the onboarding process with 3rd parities electronic identify verifications providers with the purposes identified above.
- We will share your personal data with Bullion Capitals regulators, for example, Australia securities and investment commission, our auditors and legal advisers in order to comply with relevant obligations, regulations and other legal requirements.
- Bullion Capital may need to disclose your personal data if required by law, if we believe that disclosure is necessary to comply with a current judicial proceeding, or a court order or legal process served on us, in order to enforce our terms and other agreements or to protect the property, rights or safety of Bullion Capital, our Clients or others.
- In the event that Bullion Capital goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, your personal data will, in most instances, be part of the assets transferred.
- Bullion Capital will not seek to share your personal data other than in the way set out above without taking steps to gain your consent to the same. However, if we are unable to obtain instructions, we may share information where, in our view, it is in your legitimate interest for us to do so.
- SECURITY OF YOUR PERSONAL DATA
Bullion Capital has in place appropriate Security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.
There are inherent risks involved when transmitting personal data by post, email and phone or through our website, however Bullion Capital does everything possible to limit these risks by adopting the appropriate technical and organizational measures in order to protect and secure your personal data against unauthorized or unlawful processing and against accidental losses, destruction and/or Damage. Employees of Bullion Capital will be sufficiently trained to ensure that your personal data is always processed with due care in accordance with this regulation. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
As described above, where we disclose your personal data to third parties, we will require that the third party has appropriate technical and organizational measures in place. However, in some instances where we are compelled by law to disclose your personal data, we may have limited control over how it is being protected by that party.
- COOKIES OR OTHER TRACKING TECHNOLOGIES
Bullion Capital website may collect limited information through proprietary software connected with the website such as Google Analytics. This may collect information such as, but not limited to, your machine’s IP address, the location from where you access our online systems, number of times you access our systems, and browser you use. We may use this information to provide more relevant content and to analyse how you use our website.
- LEGAL ASPECTS OF THE LAW
In addition to our Data Protection and Privacy Notification Statement, your privacy is protected by law. Bullion Capital is legally only allowed to collect and process personal data where there exists a proper reason to do so. The law says that provided Bullion Capital has your consent to do so, we must have one or more of these reasons:
- It is necessary for the performance and servicing of your relationship with us;
- There is a legal obligation
- In order to protect your vital interests or of another individual
- It is necessary for the performance of a task carried out in public interest or in the exercise of official authority vested in Bullion Capital
- It is in Bullion Capital legitimate interest.
Why we use your information
- To manage our relationship with you.
- To develop new ways to meet our clients’ needs and grow our business.
- To provide guidance about products and services.
- To deliver products and services to our clients.
- To make and manage client payments.
- To collect and recover money owed to us.
- To detect, investigate, report and seek to prevent financial crime.
- To manage risk for us and our clients.
- To comply with laws and regulations applicable to us.
- To respond to complaints and seek to resolve them.
- To run our business in an efficient manner by managing our business capability, planning, governances, communications and audit.
Our legitimate interest
- Keeping our records about you up to date.
- Being efficient about how we fulfil our legal and contractual duties.
- To develop products and services and what we charge for them.
- Being efficient about how we fulfil our legal and contractual duties.
- To develop and improve how we deal with financial crime, as well as carrying out our legal duties.
- Comply with regulations applicable to us.
- Fulfilling contractual obligations
- Our legitimate interests
- Our legal duty
Bullion Capital does not intentionally collect personal data that could reveal your racial or ethnic origin, physical or mental health, religious beliefs or alleged commission or conviction of criminal offences. Such information is considered “sensitive personal data”. We will only collect this information where one of the above reasons is satisfied. We cannot prevent you from disclosing the same to us as part of your correspondence with us but you should ensure that such information is only provided where it is absolutely necessary and in circumstances where you would be content for us to use it in the manner described above.
Right to access your personal data
You also have the right to request access to the personal data that we hold about you. Should you wish to request a copy of your personal data,or have any questions in relation to your personal data, please contact Bullion Capital. Requests for access to your personal data will be processed free of charge. However, if we deem that requests for access are being made in a frequent, excessive and repetitive manner or on an unfounded basis,
Bullion Capital reserves the right to charge a reasonable fee to meet our administrative costs.
Right to stop Bullion Capital from using your personal data
You have the right to object to Bullion Capital using your personal data, or ask Bullion Capital to delete, remove or stop using your personal data. You also have the right to restrict Bullion Capital from using your data. This means that your personal data can only be used for certain things such as legal claims or in order to exercise legal rights. During such instances, Bullion Capital will not use or share your personal data in other ways.
You may ask Bullion Capital to restrict processing your personal data if it is not accurate; if it has been unlawfully used but you do not want Bullion Capital to delete it; if it is not relevant anymore but you want Bullion Capital to keep it for use in legal claims; or you have already asked Bullion Capital to stop using your data but you are waiting for confirmation as to whether Bullion Capital is allowed to use it. Bullion Capital may need to keep or continue to use your data to comply with any regulatory reporting requirements or similar requirements.
Right to withdraw your consent
You have the right to withdraw your consent. Please contact Bullion Capital if you wish to do so. Where consent is the only lawful basis upon which your personal data can be processed,
withdrawing your consent may mean Bullion Capital cannot provide you with a full service. If this is the case, Bullion Capital will clarify this for you.
Right to rectify inaccurate personal data
You have the right to question any personal data we have about you that you think is wrong or incomplete. Should you do so Bullion Capital will take reasonable steps to check the accuracy of all information held, and correct it where necessary.
Right to complain
Please let us know if you are unhappy with how we use your personal data.
Please contact us via firstname.lastname@example.org. You also have the right to complain to the office of the Australian information commissioner
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it.
Time Limit to respond – We try to respond to all legitimate requests within one  month.
Occasionally it may take us longer than this if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- UPDATES TO THIS POLICY
We will occasionally update this Policy to reflect changes in the applicable Regulation, and/or relevant legislation as well as both company and client feedback.