Privacy Policy

RESPECTING YOUR PRIVACY

Focus Markets Pty Ltd (ABN 96 167 517 544). Our registered address is
Level 8, 550 Bourke Street, Melbourne, VIC 3000, Australia. Any
reference to ‘us’, ‘our’, ‘we’, ‘it’ or ‘Focus’ in this Privacy Policy is a
reference to Focus Markets Pty Ltd.
Protecting your privacy, and the confidentiality of your personal
information is important to us. Focus Markets is committed to
managing your personal information in an open and transparent way.
This Privacy Policy outlines how Focus Markets manages, handles and
protects the personal data it collects and holds about you in
accordance with the Privacy Act 1988 (Cth) (‘Privacy Act’) and the
Australian Privacy Principles (‘APPs’).
All third parties (including clients, suppliers, sub-contractors, or agents)
that have access to or use personal information collected and held by
Focus Markets, must abide by this Privacy Policy displayed on our
website. This Privacy Policy is reviewed regularly to take into account
changes in legislation, technology, and the operations and practices of
Focus Markets.

PERSONAL INFORMATION FOCUS MARKETS COLLECTS

Personal information we collect about you may include:
● your name;
● your contact details, including email address, postal address, and
telephone number;
● your date of birth;
● your driver’s licence number;
● a copy of your passport or identification card or your passport/ID
card number;
● your employment details;
● your taxation information;
● financial information including about your income, assets and
liabilities;
● trading statements;
● details of your nominated bank account;
● your browser session and geo-location data, device and network
information, statistics on page views and sessions, acquisition
sources, search queries and/or browsing behaviour;
● information about your access and use of our website, including
through the use of cookies, your communications with our site, the
type of browser you are using, the type of operating system you
are using and the domain name of your internet service provider;
● additional personal information that you provide to us, directly or
indirectly, through your use of our site, associated applications,
associated social media platforms and/or accounts from which you
permit us to collect information; and
● any other personal information requested by us and/or provided
by you or a third party.

COLLECTING YOUR PERSONAL INFORMATION

Focus Markets only collects personal information that is reasonably
necessary for providing our products and services. Due to the nature of
the products and services that we provide, and our associated legal and
regulatory obligations, we are unable to allow you to deal with us on an
‘anonymous’ basis.
Collecting Sensitive Information
‘Sensitive Information’ refers to personal information about a person’s
racial or ethnic origin, political opinion, membership of a political
association, religious beliefs or affiliations, philosophical beliefs,
membership of a professional or trade association, membership of a
trade union, sexual orientation or practices, criminal record, genetic
information or health information.
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.
Collecting Information Required by Law
In order to open a trading account with us and deposit funds, we are
required under the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 (Cth) (‘AML/CTF Act’) to collect certain information
from you to verify your identity (i.e. your driver’s licence or passport).
We may also collect your Australian Tax File Number (‘TFN’). We will
only collect your TFN to determine whether you are subject to
withholding tax on any payments you receive and for no other purpose.
If we collect your TFN, we will handle your TFN in accordance with the
Privacy Act and the TFN Rule issued by the Commissioner.
We may be required to ask about your tax residency status under
taxation information sharing agreements the Australian government
has in place with other countries. For example, a tax treaty between
Australia and the United States, formed under US law (Foreign Account
Tax Compliance Act), requires us to ask you whether you are a US
citizen or US resident for tax purposes when you apply for a trading
account. This intergovernmental agreement has been implemented
into Australian domestic law through the Tax Laws Amendment
(Implementation of the FATCA Agreement) Act 2014 (Cth). In addition, we
may ask for your tax identifier in order to comply with our obligations
under The Common Reporting Standard (CRS). The CRS is an
information-gathering and reporting requirement for financial
institutions in participating countries/jurisdictions, to help fight against
tax evasion and protect the integrity of tax systems. If you are a tax
resident of another country, the relevant treaty or law may require us
to collect your relevant foreign tax identification number.
Unsolicited information
If you provide personal information that we have not requested, we will
only retain it in limited circumstances. We will only retain the
information if it is reasonably necessary for us to provide you with
products and services, and you have consented to the information
being collected, or it was not practical or reasonable for us to obtain
your consent under the circumstances. If these conditions are not met,
we will destroy the information. If the unsolicited information we
receive about you is sensitive information, we will always obtain your
consent.

USING YOUR PERSONAL INFORMATION

We may use your personal information for several different purposes,
including:
● to consider your application for a product or service;
● to enable us to provide a product or service;
● to tell you about other products and services that may be of
interest to you;
● to assist in arrangements with other organisations in relation to a
promotion or provision of a product or service;
● to manage accounts or perform other administrative and
operational tasks (including risk management, systems
development and testing, credit scoring and staff training,
collecting debts and market or customer satisfaction research);
● to consider any concerns or complaints you raise against us
and/or to manage any legal action;
● to prevent or investigate any actual or suspected fraud, unlawful
activity or misconduct;
● to identify you or establish your tax status under any Australian or
foreign legislation, regulation or treaty, pursuant to an agreement
with any tax authority;
● as required by relevant laws, regulations, codes of practice and
external payment systems; and
● brokers and/or other related entities who may have introduced
you to us.
We may also disclose your personal information to related entities or
business partners to enable them to tell you about a product or service
that may be of interest to you.
SHARING YOUR PERSONAL INFORMATION
Depending on the product or service concerned and particular
restrictions on sensitive information, where necessary, we may need to
share or disclose personal information about you to the following
organisations:
● any related entities of Focus Markets in Australia and elsewhere
in the world which provide financial and other services for Focus
Markets;
● credit reporting or reference agencies;
● an agent, contractor or service provider we
engage to carry out our functions and
activities, such as our lawyers, accountants,
debt collectors or other advisers;
● organisations involved in managing
payments, including payment merchants
and other financial institutions, such as
banks;
● regulatory bodies, government agencies,
law enforcement bodies and courts;
● financial product issuers and credit
providers;
● if you were introduced to Focus Markets by
a third-party, we may disclose personal and
account information about you to them,
their related companies and licensees or
authorised representatives;
● organisations involved in a transfer or sale
of all or part of our assets or business;
● anyone else to whom you authorise us to
disclose it or is required by law or contract.
If we disclose your personal information to service providers that
perform business activities for us, they may only use your personal
information for the specific purpose for which we supply it. We will
ensure that all contractual arrangements with third parties adequately
address privacy issues, and we will make third parties aware of this
Privacy Policy.
Your personal information may be disclosed to any third party who
may be located outside Australia. 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 Act, the APPs;
● the recipient is subject to an information privacy scheme
similar to the Privacy Act; or
● you have 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.
Before Focus Markets discloses personal information to an overseas
recipient, it must take reasonable steps to ensure that the recipient
does not breach the APPs in relation to that information.

DIRECT MARKETING

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.

OBTAINING YOUR CONSENT

Where your consent is required to use and/or disclose personal
information about you, i.e for a different purpose to which it was
collected (a secondary purpose). We will ensure:
● you are adequately informed before giving consent
● you give consent voluntarily
● the consent is current and specific; and
you have the capacity to understand and communicate consent.
USE OF COOKIES AND OTHER TRACKING TECHNOLOGY
Our website(s) have links to external third-party websites that may
benefit you. Please keep in mind that these third-party websites are not
covered by this Privacy Policy and these sites are not subject to our
privacy standards and procedures.
We also use cookies to give you access to certain pages of our
website(s) without having to log in each time you visit. Likewise, we may
use independent external service providers to track the traffic and
usage on our website(s).

Please note that ‘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 our website(s), what you have
downloaded, where you came from, and to ensure your information is
secure. The purpose of cookies is to provide you with a more relevant
and effective experience on our website(s), including presenting web
pages according to your needs or preferences.
Cookies are frequently used on many websites on the internet, and you
can choose if and how a cookie will be accepted by changing your
preferences and options in your browser. However, please note that
you may not be able to access some parts of our website(s) if you
choose to disable the cookie acceptance in your browser, particularly
the secure parts of the website(s). Therefore, we recommend you have
the cookies function enabled to benefit from all the services on our
website(s).
Please also note that we are constantly improving the functionality on
our website(s). This may mean a change to the way in which personal
information is collected or used. The impact of any changes in
technology which, as a result, may affect your privacy, will be included
in this Privacy Policy.

MANAGING YOUR PERSONAL INFORMATION

Focus Markets takes all reasonable steps to protect your personal
information and data from misuse and loss, and from unauthorised
access, modification and disclosure.
Staff receive training around their obligations when they collect and
handle personal information.
Your personal information is stored in a combination of secure
computer storage facilities, paper-based files and other records.
We maintain physical security, such as locks and security systems, over
our paper and electronic data stores and premises. We also maintain
computer and network security. For example, we use firewalls (security
measures for the internet) and other security measures, such as
identification codes and passwords, to control access to computer
systems. We continually maintain and monitor our online security
systems to ensure that our online services are secure and that your
personal information is appropriately protected when you use these
services.
Please note that we may need to maintain your personal information
for a significant period of time. When we are no longer permitted to
keep your information, we will remove and/or destroy your personal
information accordingly.

YOUR RIGHTS AND CONTROLLING YOUR PERSONAL INFORMATION
CHOICE AND CONSENT

By providing personal information to us, you consent to us collecting,
holding, using and disclosing your personal information in accordance
with this Privacy Policy.
You do not have to provide personal information to us. However, we
will be unable to provide you with our products and services.
Information from third parties: If we receive personal information
about you from a third party, we will protect it, as set out in this Privacy
Policy.
If you have previously agreed to us using your personal information for
direct marketing purposes, you may change your mind at any time by
contacting us using the details below.
If you believe that the personal information Focus Markets holds about
you is inaccurate, incomplete or out-of-date as a result of changes of
address and other personal circumstances, you should contact us as
soon as possible. We will take reasonable steps to correct any
information found to be inaccurate, incomplete, misleading or out of
date.
We can update your personal information over the telephone or by
email from your registered email address (please note that we will need
to confirm your identity before making any amendments). We will also
periodically require you to confirm the personal information we hold as
part of our ongoing customer due diligence obligations under the
AML/CTF Act.
To unsubscribe from our e-mail database or opt-out of
communications, which includes marketing communications, please
contact us using the details below or opt-out using the opt-out facilities
provided in the communication.
Spam Act: The Spam Act 2003 (Cth) (‘Spam Act’) prohibits the sending of
unsolicited commercial electronic messages—known as spam—with an
Australian link. A message has an Australian link if it originates or was
commissioned in Australia or originates overseas but was sent to an
address accessed in Australia. “Spam” is a generic term used to
describe electronic junk mail or unwanted messages sent to a person’s
e-mail account or mobile phone. In Australia, spam is defined as
‘unsolicited commercial electronic messages’. ‘Electronic messaging’
covers e-mails, instant messaging, SMS and other mobile phone
messaging, but does not cover normal voice-to-voice communication by
telephone. We comply with the provisions of the Spam Act when
sending commercial electronic messages.
“Do Not Call” Register: Unless you ask us not to contact you about our
products or services and not to disclose your information to others for
that purpose, by accessing our website and applying for a Demo or Live
Account, you consent to us contacting you via telephone while you hold

any product or receive any services from us. This is notwithstanding
registration at any time of your telephone number on the ‘Do Not Call’
Register.

PRIVACY COMPLAINTS

If you have a concern or complaint about the use of your personal
information (you think Focus Markets have breached this Privacy Policy
and/or the Privacy Act, the APPs, the GDPR or any applicable legislation)
you can make a complaint by contacting us using the details below:
Phone: 03 8376 1322
(9am – 7pm AEST/AEDT weekdays)
Email: customerservice@focusmarkets.com
Address: Level 35, Rialto South Tower, 525 Collins Street, Melbourne,
Victoria, 3000, Australia.
We will aim to respond within 48 business hours to let you know who is
responsible for managing your complaint and will try to resolve your
complaint within 10 business days. When this is not possible, we will
contact you within that time to let you know how long it will take to
resolve your complaint.
We will investigate your complaint thoroughly and write to you
explaining our decision.
If you are not satisfied with our response, you have the right to contact
the Office of the Australian Information Commissioner (‘OAIC’) to lodge a
privacy complaint. When we write to you about our decision, we will also
explain how you may access an external dispute resolution scheme or
make a complaint to the OAIC.