Privacy Policy

This policy sets out how DACM Australia Pty Ltd (ABN 50 624 214 777) and its affiliated entities, including Digital Asset Capital Management Inc. (DACM Inc), a British Virgin Islands company (together, DACM, we, our or us, which includes our respective officers, employees and agents), handle your personal information. DACM Australia Pty Ltd handles personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. DACM Inc and the funds domiciled in the British Virgin Islands handle personal data in accordance with the Data Protection Act 2021 of the British Virgin Islands.

This policy is incorporated in the Terms of Use of our website. The offering documents and subscription forms of the funds managed by us that are domiciled in the British Virgin Islands set out how each of those funds collects, processes and holds the personal data of its investors. The information memorandum for the DACM Global Digital Asset Fund (GDAF) sets out how its trustee and issuer, Quay Wholesale Fund Services Pty Ltd (Quay), and Quay's service providers, including DACM Australia Pty Ltd as investment manager of GDAF, collect, use and disclose the personal information of investors in GDAF. Quay's privacy policy is available at www.quayfund.com.au and on request from Quay. This policy does not incorporate those fund privacy notices or Quay's policy, and if there is any inconsistency between this policy and a notice or policy that applies to you as an investor in a fund, that notice or policy prevails to the extent of the inconsistency.

We collect personal information to provide, or assist in providing, products and services to you; to manage those products and services and your investment in them; to inform you about other products and services we offer; to send you our insights and other updates; to perform associated or incidental functions; to consider employment applications; to protect our legal and commercial interests; and to comply with applicable laws, including anti-money laundering, counter-terrorism financing, sanctions, tax reporting and financial services laws. If you do not provide the information we request, or you choose not to identify yourself or to use a pseudonym, it may not be lawful or practicable for us to provide products, services or information to you.

We collect information about you and your interactions with us, including:

• contact details, such as your name, postal or street address, telephone numbers, email address, nationality, age and date of birth;
• employment and financial details, such as your job title, organisational affiliations, investment information, employment and tax information, education, employment history, background checks, investor status, income, assets, liabilities, source of wealth, business identifiers, and banking details including bank, account name and account number;
• transaction information and details of your communications with us and our products and services;
• identification documents and information, including tax file numbers and other tax identifiers, tax residency, investor status and verification materials, driver licence, photograph, user names, family information, citizenship and residency status, banking documents and government-issued identifiers and identity documents; and
• online and website information, including information from online forms, surveys, cookies, web beacons and similar technology, your IP address, device type and identifier, general location, social media details, information in electronic messages, connection information, browser version, pages visited, standard web log data, emails opened and read, domain name and the website you linked from.

We may also collect information about you from third parties, such as credit or recruitment agencies, public databases, financial advisers, family members, distributors, fund administrators and other intermediaries, analytics providers, payment providers and the technology providers that support our website and services. We collect that information for reasonable business purposes and by lawful and fair means.

We collect sensitive information, such as information about racial or ethnic origin, political opinions or associations, religious or philosophical beliefs, professional or trade association or union membership, sexual orientation or practices, criminal record, genetic or biometric information or health information, only with your consent or as otherwise permitted by law.

We have obligations under anti-money laundering, counter-terrorism financing, sanctions, know-your-client and similar laws to verify and conduct due diligence on investors in our funds and certain counterparties, which may require us to collect and retain information for that purpose. Where reasonably necessary this includes copies of your identity documents, which we protect from misuse, interference, loss and unauthorised access, modification and disclosure, and destroy or de-identify once they are no longer needed and it is lawful to do so. We may also collect evidence of source of funds and source of wealth from you and, where permitted, from third parties, at the outset of and during our relationship.

If you provide personal information to us about someone else, you must be entitled to disclose it to us, the other person must have consented to your providing it, and we must be able to collect, use and disclose it as set out in this policy without taking further steps required by law, such as obtaining consent directly from that person.

We use and store personal information to support your interactions with us, to provide the information, services or products you request, to notify you of changes, to keep your information accurate and current, to manage our business, to onboard you as an investor, client or employee, to deal with you as an investee company or in connection with our investment and due diligence activity, and to improve our services over time. We also use personal information to comply with our legal and regulatory obligations and internal policies, to enforce our rights and protect the rights of third parties, and in connection with a business transaction such as an acquisition, financing, share sale, merger or reorganisation of our business.

Our website includes enquiry, expression of interest and subscription forms, which are hosted for us by HubSpot. When you complete a form we collect and process your name, contact information, organisation, country, investor status and any other information relevant to your enquiry, and we use it to manage and respond to your enquiry. Your confirmation of investor status on a form is recorded and retained.

We may use your personal information to send you, or the organisation you represent, information about our products and services, our insights and other updates. We send those communications only where you have consented or we otherwise have a lawful basis to do so. You can unsubscribe at any time using the link in the email or by contacting legal@dacm.io.

If you apply for employment with us, we use your personal information to assess your suitability for the role, to communicate with you about the recruitment process, to conduct background, reference and other checks, to keep records of our recruitment process and to comply with our legal obligations. Where permitted by law or with your express consent, this may include sensitive information such as health information or information about criminal convictions where it is relevant to the role. To the extent permitted by law, this policy does not apply to acts and practices directly related to the employee records of current or former employees.

We may share personal information with our affiliated entities and with third parties, and their directors, officers, employees, agents and service providers, for purposes including: responding to your requests and providing or improving our services; addressing feedback or complaints; informing investors and prospective investors of new products or services; developing new products or communication channels and conducting internal research; operating and improving our website, including session management and analytics; complying with our legal and regulatory obligations in any jurisdiction, including responding to regulatory enquiries; and any other purpose stated in this policy, permitted by law or to which you have consented.

The third parties with which we may share your information include affiliated entities; fund trustees and licensees, including Quay; the funds; fund administrators, registries, transfer and settlement agents, custodians, banks, payment system operators and exchanges; technology and website service providers, including HubSpot and our cloud and email providers; financial service providers; professional advisers including legal, tax, accounting and marketing advisers; auditors; distributors; identity verification, background check and anti-money laundering service providers; mailing and printing services; your authorised representatives; potential acquirers of or investors in all or part of our business; and regulators and government bodies.

We may also disclose personal information where required or authorised by law, to discharge our legal obligations, to assist law enforcement or in connection with legal proceedings, to protect against fraud, to successor owners of our business, for direct marketing purposes (subject to your right to opt out), or where you have otherwise consented.

Some of these recipients are located outside Australia, including in the British Virgin Islands, the Cayman Islands, the United States, Singapore, Trinidad and Tobago and the European Union, and in the countries where their systems, cloud providers or servers are located. Those countries may provide greater or lesser protection for your information than the law of your own country, and recipients in them may in some circumstances be compelled or permitted by local law to disclose your information. You may have rights against those recipients under the laws of their countries but may not have recourse against them, or against us, under the laws of your own country in relation to how they handle your information. By providing personal information to us you consent to its disclosure to overseas recipients on this basis, and acknowledge that we are not required to ensure that overseas recipients handle it in compliance with the privacy laws of your own country.

We may also disclose personal information to third parties, in your country or elsewhere, if we sell or buy, or enter into due diligence or discussions to sell or buy, any business or assets.

We hold personal information in written or electronic form, at our own premises and with our service providers, and we take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification and disclosure. The internet is not a secure medium. To the maximum extent permitted by law we exclude liability for data transmission errors, including loss, damage or alteration of data, for loss arising from unauthorised third-party manipulation of code, data or information accessed through our website, and for the security or confidentiality of information transmitted across the internet to or from us or our service providers. Any such transmission is at your own risk.

If you believe personal information we hold about you has been the subject of a data breach, please contact us immediately at legal@dacm.io. We assess suspected data breaches and, where required by the Privacy Act, notify affected individuals and the Office of the Australian Information Commissioner.

When you visit our website at dacm.io or any associated application or portal, we and our technology service providers may collect the date and time of your visit, the pages you viewed and for how long, how you navigated and interacted with the site, general location information, information about your device and software, domain name and IP address, and the site you linked from. Our website may place cookies (small data files) on your device, and may use web beacons or similar technology in emails and web pages to help us understand which content is effective. In some cases this information may identify you. Some cookies are deleted when you close your browser; others remain until they expire or you delete them. More information about cookies, including how to see which cookies have been set and how to manage and delete them, is available at www.allaboutcookies.org. You can set your browser to reject cookies or to alert you before one is placed, but some features of the site will not function without them.

The cookies used on the site are essential cookies, which are strictly necessary for the site to function; performance and functionality cookies, which enhance the performance and functionality of the site and support session management; and analytics and customisation cookies, which help us understand how the site is used and allow us to remember your settings and preferences, for example that you have seen a notice or provided a confirmation.

Links from our website to other websites are outside our control and are not covered by this policy. The operators of those sites may collect information from you under their own privacy policies. Depending on your browser you may also receive cookies set by third parties, such as Google, which we do not control.

If you would like to access or correct the personal information we hold about you, or to make a complaint about how we have handled it, please contact us at legal@dacm.io. We will respond within a reasonable period. We may ask you to verify your identity and may charge a reasonable fee for access. We may decline access in the circumstances permitted by law, and if we do we will tell you why. We take reasonable steps to keep our records accurate, complete and current.

If you are not satisfied with our response to a complaint, you may refer it to the Office of the Australian Information Commissioner at www.oaic.gov.au, or, in relation to personal data held by DACM Inc or a fund domiciled in the British Virgin Islands, to the Office of the Information Commissioner of the British Virgin Islands.

We may change this policy at any time. We will notify material changes by publishing the updated policy on our website.