This Privacy Policy applies to all personal information collected by TOD Markets Pty Ltd (we, us or
our) via the website located at https://todmarkets.com.au (Website) or the trading platform at http://live.todmarkets.com.au & http://staging.todmarkets.com.au (Platform).
The kind of Personal Information that we collect from you will depend on how you use the website. The Personal Information which we collect and hold about you may include:
full name
contact phone number
company email address
job title
The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.
Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) (ii) whether the information or opinion is recorded in a material form or not.
If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as “Personal Information” and will not be subject to this privacy policy.
Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive Information will be used by us only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose; and
(c) with your consent or where required or authorised by law.
(a) We may collect Personal Information from you whenever you input such information into the Website, related app or provide it to Us in any other way.
(b) We may also collect cookies from your computer which enable us to tell when you use the Platform and also to help customise your Platform experience. The Cookie is a session cookie and used to identify you when you take actions on the platform.
(c) We use different types of cookies including essential cookies for Website functionality,
analytical cookies to improve user experience, and marketing cookies that may be set by third parties. These cookies are retained for up to 2 days and can be managed through your browser settings. Third-party cookies are subject to their respective privacy policies, which we encourage you to review.
(d) We generally don’t collect Sensitive Information, but when we do, we will comply with the preceding paragraph.
(e) Where reasonable and practicable we collect your Personal Information from you and / or your employer, whom you represent on the platform. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.
(a) We collect Personal Information to meet our compliance and reporting obligations for operating an OTC trading platform, as well as to provide you with the best service experience possible on the Platform.
(b) We will also use your contact information to keep in touch with you about developments in our business that may affect you, including new product or feature releases and platform updates.
(c) Where you have provided your personal information via on online enquiry form, we will use the information provided to contact you regarding your enquiry. We may also send you materials in relation to your enquiry via email if you request it.
(d) We customarily only disclose Personal Information to our service providers who assist us in operating the Platform. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(e) By using our Technologies, you consent to the receipt of transactional emails that are deemed essential to the operation of OTC trading technology, including but not limited to Trade notifications and end-of-day reports. If you wish to opt out of receiving certain
transactional emails, please contact our support team to discuss your requirements.
(f) You can manage your email preferences through your account settings or by contacting our support team.
(a) We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained it, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that are stored in our client files and records will be kept for a maximum of 7 years to fulfil our record-keeping obligations.
We implement industry-standard security measures including encryption, access controls, and secure data centers to protect your Personal Information. When deletion is required, we use secure erasure methods including digital shredding and physical destruction of storage media. For digital records, we employ 30-day retention periods for active data and 3 years for archived data, after which automated purge protocols permanently remove the information using government-approved secure deletion standards.
(b) Where your personal information is not required to be kept for record-keeping purposes, for example: if you enquired on our website. You may request deletion of your details by contacting us.
(c) The Australian Privacy Principles:
(i) permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
(ii) allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
(d) Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.
If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by our Chief Executive Officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well-founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
We will acknowledge receipt of your complaint within 5 business days and provide you with a reference number. Our privacy team will investigate your complaint and maintain detailed records of all communications and findings. We aim to resolve all privacy complaints within 30 business days. If additional time is required, we will notify you in writing. All complaint documentation will be retained for 90 days following resolution. If the matter requires escalation, our Chief Executive Officer will personally review your case within 10 business days of the escalation request.
Your Personal Information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the Australian
Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
If overseas transfer is required, we will implement appropriate safeguards including: (i) ensuring the recipient country has adequate privacy laws; (ii) executing Standard Contractual Clauses or Data Transfer Agreements that impose Australian Privacy Principles-equivalent obligations; and
(iii) obtaining your explicit consent after informing you of potential risks. We will maintain a register of overseas transfers and conduct regular compliance audits of overseas recipients.
During normal trading activity on the TOD Markets Platform, your full name, email address and company will be disclosed to any company which your orders are matched with for a trade. When trades occur, both parties to the trade are provided details of the company and trader on the other side via a 'trade notification email' and an 'end of day trade summary email'.
If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through: support@todmarkets.com.au.