Privacy Policy
Overview
This policy sets out how Digital Asset Capital Management Inc (DACM, and together with its affiliated entities and their respective officers, employees and agents, referred to as ‘we’, ‘our’ or ‘us’) handles your personal information in accordance with applicable laws including the Australian Privacy Act 1988 and the British Virgin Islands Data Protection Act 2021.
In addition to this policy, we have Terms of Use that govern our website and which incorporate this privacy policy.
The offering documents and subscription forms of funds that are managed by us (DACM funds) that are domiciled in the British Virgin Islands (BVI) set out how the applicable DACM fund collects, processes and maintains personal data of investors pursuant to the BVI Data Protection Act 2021. In addition, the offering document for DACM Global Digital Asset Fund (GDAF) sets out how GDAF’s trustee and issuer, Quay Wholesale Fund Services Pty Ltd (Quay) and its service providers, including DACM Australia Pty Limited as investment manager of GDAF, collect, use and disclose personal information of investors in GDAF. The Quay Privacy Policy is available on Quay’s website at www.quayfund.com.au and may be updated from time to time. You can obtain a copy of the policy free of charge upon request from Quay. This privacy policy does not incorporate the privacy notices or policies issued by each DACM fund or by Quay and to the extent there is a conflict between this policy and those privacy notices or policies, applicable to you in your capacity as a DACM fund or GDAF investor, the relevant privacy notice or policy prevails to the extent of the inconsistency.
Why do we collect personal information?
We collect your personal information in order to provide or assist in the provision of products or services to you, to manage those products and services or your investment in them, to inform you about or promote or educate you about other products and services offered by us, to provide newsletter updates, to perform any associated or incidental functions or activities, to consider employment applications, to protect our legal and commercial interests, and to comply with applicable laws and regulations such as anti-money laundering, financial crime and counter-terrorism financing laws. If you do not provide any or all of the information we request, or if you choose not to identify yourself or to use a pseudonym when dealing with us, then it may not be legal or practicable for us to provide our products, services or information in relation to a particular matter.
What personal information do we collect from you?
We collect information about you and your interactions with us. This includes without limitation the following:
Relevant contact details such as name, mailing or street address, phone numbers, email address, nationality, age and date of birth;
Employment and financial details such as job title, organizational affiliations, investment information, employment and tax information, education, employment history, background checks, investor status, income, assets, liabilities, source of wealth, business number or identifier, banking details including bank, account number and account name;
Transaction information and details of your communications with us and our products and services;
Identification documents including tax file numbers, investor status and verification materials, tax residency, driver’s license, picture, user names, family information, citizenship and residency status, banking documents, and Government issued identifiers and identity documents;
Online and website information including without limitation from the use of online forms, user or investor surveys, cookies, web beacons or other technology, your IP address, device type and ID, geolocation, social media details, information contained in electronic messaging applications and records, connection information, browser version, web pages visited, standard web log data, emails opened and read, domain name, and details of the website you linked from to our website.
In some circumstances, we may gather information about you from third parties, such as credit or recruitment agencies, public databases, financial advisers, spouses or family members, distributors, administrators or other intermediaries, analytics providers, payment providers, and third parties that provide technical services to us so that we can operate our website and provide our services, enter into investment transactions or receive services. We will collect this information for reasonable business purposes and by lawful and fair means, including fulfilling your requests, managing investments, and marketing and business communications, and you expressly agree to the collection, use, disclosure, storage and handling of such personal information as set out in these terms.
Certain sensitive information, such as information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record, genetics, biometric details or health information, will only be collected with your consent or as otherwise permitted by law.
We also have obligations under applicable anti-money laundering, financial crime, ‘know your client’ or other legislation to conduct certain verification and due diligence activities with respect to clients and investors in our funds and/or certain business or investment counterparties, which may require the collection and retention of information from you for that purpose. Where reasonably necessary, this may include taking scanned copies of your ID documents, in which case we will take reasonable steps to protect your scanned information from misuse, interference, loss, unauthorized access, modification and disclosure. This information will be destroyed or de-identified once it is no longer needed and it is lawful to do so. We may also collect evidence of source of funds or source of wealth (at the outset of and possibly from time to time throughout our relationship with clients, investors, shareholders and intermediaries) from you and, where legally permitted, third party sources.
If you provide personal information to us about someone else, you must ensure that you are entitled to disclose that information to us, that the other person has consented to you providing us with the information, and that we can collect, use and disclose that information as set out in this policy without having to take any further steps required under law (such as obtaining consent directly from that person).
How do we use your information?
We may use and store your personal information to support your interactions with us, to provide you with information, services or products you may have requested, to notify you about changes and to ensure the ongoing accuracy, completeness and relevance of your information, to manage our business, to onboard you as a client or employee, to interact with you as an investee or in connection with our investment and due diligence activity, and to seek to improve our services and business over time.
We may also use your personal information to ensure compliance with our legal or regulatory obligations and internal policies and procedures, or enforce our rights or protect the rights of third parties; or in connection with an investment or business transition or transaction such as an acquisition, financing, share sale, merger or reorganization of our business.
Our website features an “Enquiries” page which invites you to submit general enquiries about our funds and our services. When you make an enquiry, we will collect and process your name, contact information (including email address and/or telephone number), organization, investor status, country and other personal data that may be relevant to your enquiry. We use this information to manage and respond to your enquiry.
We may also use your personal information to send you (or the organization you represent) information about our products or services, newsletters or other marketing or product updates from time to time. We will only send you these communications where you have given your consent or where we have another lawful right to send such communications to you. You can unsubscribe from them at any time by notifying us via the relevant link in the email or by contacting investorrelations@dacm.io.
If you have applied for employment with us, we will use your personal information to assess your suitability for the role whether such application has been received by us online, by email or by hard copy, and whether submitted directly by you or by a third party on your behalf. We may also use your personal information to communicate with you about the recruitment process, to conduct background, reference and credit checks, to keep records about our recruitment process and to comply with our legal and regulatory obligations. In certain circumstances, and only where permitted by law or with your express consent, this may include special or sensitive categories of personal information such as about your health or information relating to criminal convictions or offences if that information is relevant to you or the role you are applying for. To the extent permitted by law, this policy does not apply in respect of our acts and practices which are directly related to an employee record of a current or former employee.
Disclosure of your personal information
We may share your personal information with third parties and affiliated entities, and their directors, officers, employees, agents, professional service firms and other service providers, for various purposes including:
to respond to your requests or effectively provide or improve our services or products to you, or related secondary purposes;
to address feedback or complaints;
to inform clients or potential clients of new products or services;
to develop new products or communication channels, and to conduct research for our internal purposes;
to operate or improve our website including enhancing performance and functionality, for session management, analytics and to help us understand how our website is being used or to help us personalize or customise our website. For example, we may use a cookie to record when a site visitor has seen a policy or provided consent such as to a disclaimer, or to remember settings preferences of users. This helps to improve the user’s experience of the site;
to comply with our legal and regulatory obligations in any jurisdictions, including responding to regulatory enquiries;
for any of the purposes stated in this policy, or as permitted under applicable laws, or for a purpose that you have otherwise consented to.
Examples of third party organizations that we may share your information with include affiliated entities, organizations that provide or will in future provide products or services to us or that we work with, or that we provide services to, trustees, licensees, funds, administrators, transfer and settlement agents, custodians, registries, banks, payment system operators, exchanges, technology and website service providers, financial service providers, professional advisers such as financial, tax, marketing, sales and legal advisers, auditors, distributors, background check and identity providers, AML service providers, debt collectors, mailing and printing services, external dispute resolution services, your authorized representatives, potential acquirers of or service providers to all or part of our business, regulators and government bodies.
We may also disclose your personal information to third parties where we are required or authorized to do so by law (such as where we are obliged to disclose information in the public interest or to protect our interests), or if necessary to discharge our legal obligations, or assist in law enforcement such as a lawsuit, subpoena, investigation or similar proceeding, or to protect against fraud, or to successor owners of some or all of our business, or for direct marketing purposes (subject to you opting out or requesting us not to), or where you may otherwise have given your express or implied consent.
You consent to us disclosing your information to such entities (and allowing such entities to use your personal information) without obtaining your consent on a case-by-case basis.
This may involve the transfer of information you provide to entities in another country, such as Singapore, British Virgin Islands, Australia, United States, Republic of Trinidad and Tobago, Cayman Islands, European Union or other jurisdictions, including countries where the above parties’ computer systems, cloud service providers or servers are located, which may change from time to time. These countries may apply greater or lesser levels of protection of your information to that described in this document under privacy or data protection legislation applicable in that jurisdiction, and in certain circumstances the relevant entities could be compelled or authorized by foreign law to make disclosure of the information. Where such parties are located overseas, you may have rights to enforce their compliance with applicable data protection laws in those countries, but you might not have recourse against those parties or us under laws in your own country in relation to how those parties treat your personal information. When you provide your personal information to us, you expressly consent to the disclosure of your information to overseas entities and acknowledge that we are not required to ensure that overseas recipients handle that personal information in compliance with the privacy laws of your own country.
In addition, we may disclose your personal information to third parties located in your country or in other countries in the event that we sell or buy (or enter into due diligence or discussions to sell or buy) any business or assets to or from such third parties.
Storage and security
Your personal information will be held in writing, electronically or both, either at our own premises or with the assistance of our service providers. We have security measures in place which are intended to protect your personal information that we hold from misuse, interference and loss, and from unauthorized access, modification or disclosure.
Please note that in relation to the security of our website or transmission of electronic information, the internet is not a secure medium and to the maximum extent permitted by law, we exclude any liability for any data transmission errors such as data loss or damage or alteration of any kind, or any loss or damage that any user may suffer or incur on account of any unauthorized third party manipulation of any code, data or information accessed or downloaded from our website, or for the security or confidentiality of information (whether encrypted or not) transmitted across the internet to or from us or any of our affiliates or service providers. Any such transmission of information is entirely at your own risk.
Website information
When you visit our website at www.dacm.io, or any associated applications or portals, we and/or our technology service providers may collect details of the date and time you visited, the pages you viewed, how long you viewed those pages and your browsing behavior, how you navigated and interacted with our website, general location information, information about the device and software you used, domain name and IP address and details of any website you linked from to our website. Our website may seek to place a “cookie” (a small data file) on your computer’s hard drive, or use technology such as clear gifs or web beacons embedded in html-based emails or webpages to help us understand what content is effective. In some cases this information may enable us to identify your personally. Cookies are used to enable websites to function or to provide information to the owners of a website. Some cookies are deleted when you close your browser, and others remain on your device until they expire or you delete them from your cache. The following site has more information about cookies, such as how to see what cookies have been set and how to manage and delete them: www.allaboutcookies.org. If you prefer not to accept cookies, you can set your browser to reject them or to alert you before one is placed. To make full use of our site, your computer or mobile device will need to accept cookies, as our site will not function properly without them.
We or service providers that support our website may use various cookies including the following:
Essential website cookies: These cookies are strictly necessary for the functioning of our website.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our website or for session management, but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our website is being used or to help us customise or personalilse aspects of our website. For example, we may use a cookie to record when a site visitor has seen a policy or provided consent such as to a disclaimer, or to remember settings preferences of users. This helps to improve the user’s experience of the site.
If our website contains links from time to time to other websites, those websites are outside our control and are not covered by this policy. The operators of those websites may collect information from you which will be used by them in accordance with their privacy policy which may differ from ours. Depending on your computer and browser, you may also receive cookies that are set by third parties such as Google which we do not control. You should refer to the third party websites for more information and how to manage them.
Contacting us to access and update your personal information
If at any time you would like to access or correct your details held by us, or if you would like to make a complaint in relation to our handling of your personal information, please contact us at compliance@dacm.io.
We will give you access to your personal information within a reasonable time period in a manner requested by you. We may charge a reasonable fee to cover our costs. We may ask to verify your identity and request certain other information to determine the circumstances of your request. We may decline access in exceptional circumstances where permitted by law. If this is the case we will inform you and explain the reasons why.
We will take reasonable steps to ensure our records are up to date, complete and accurate. If you think that we have failed to address your request satisfactorily, please inform us and we will provide you with information about the further steps you can take.
If at any time you believe your personal information which we hold has been the subject of a data breach please contact us immediately using the contact details set out in this policy.
Changes to this policy
We reserve the right to change this privacy policy at any time. We will provide notification of any material changes by posting an updated version of the policy on our website.
This policy was last updated on 1 June 2023.