MOBILE ASSETS PTY LTD
PRIVACY POLICY
Effective as of 25 May 2023
This policy (Privacy Policy) explains how Mobile Assets Pty Ltd (ACN 615 060 252) and its related bodies corporate ( Rush Gold or the Company) seeks to protect the personal information of individuals. The Company is committed to protecting the safety and security of the personal information of individuals whose information the Company has access to including the customers and employees of prospective and current Rush Gold clients, and other persons with whom the Company interacts (each an Individual or you ).
The Privacy Policy has been developed in accordance with data protection laws of Australia, including the Privacy Act 1988 (Cth) ( Act ).
Under the Act, “Personal Information” is defined as: “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) whether the information or opinion is recorded in a material form or not.”
Please read this Privacy Policy carefully in order to understand how your Personal Information is collected, held, used, or otherwise processed by us.
The Company reserves the right to make changes or updates to this Privacy Policy from time to time. If this happens we will update this Privacy Policy and notify you of any changes, most likely via email. However, you should also periodically check this Privacy Policy for any updates.
1. ABOUT RUSH GOLD
Rush Gold is an Australian financial technology group that allows customers to own and transact gold digitally (Services ).
Rush Gold provides its Services through the Rush Gold website at www.rush.gold and the Rush Gold mobile application, which is an investment, gifting & P2P payment app that allows customers to buy, sell, spend, send or pay with gold to anyone using their mobile phones ( Rush Gold Platforms ).
In making the Rush Gold Platforms available, we are sensitive to Individuals’ concerns about the safety of their Personal Information.
In essence, Rush Gold will typically only:
- collect, use or share Personal Information with your consent (unless it is not reasonable in the circumstances to obtain your consent and it is legally permissible for us to do so) or when required by a legal obligation; and
- interact with your Personal Information in order to provide the Rush Gold Platforms and operate our business generally, and help us improve and develop the Rush Gold Platforms.
Rush Gold has developed our privacy framework to assist Individuals, and to comply with privacy legislation and regulations applicable to us and our management of your Personal Information.
2. HOW RUSH GOLD COLLECTS YOUR PERSONAL INFORMATION
Rush Gold collects Personal Information in one of three main ways:
(a) Directly from Individuals, when they interact with the Services or the Rush Gold Platforms;
(b) Passively from Individuals, when they interact with the Services or the Rush Gold Platforms; and
(c) From third parties in certain circumstances.
The specifics of Personal Information collected in each situation is discussed further below.
3. WHEN RUSH GOLD COLLECTS INFORMATION FROM INDIVIDUALS AND WHAT WE COLLECT
(a) Personal Information collected directly
Rush Gold collects Personal Information directly from Individuals unless it is unreasonable or impracticable to do so. When an Individual engages with the Rush Gold Platforms (including by accessing or using, creating an account with or completing an order to buy, sell, spend or send gold on the Rush Gold Platforms), the following types of Personal Information directly and consensually:
- Basic user and account information, including your name, mailing or street address, email address, telephone number, age or birth date, profession and occupation or job title, information contained within your identity documents (such as your passport, Medicare card or Drivers Licence) and bank details. We are required to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). If an Individual is appointed as their organisation’s point of contact with Rush Gold, we may collect that Individual’s basic contact information (including an Individual’s name, email, phone number and role);
- Enquiry information, such as the details of any enquiries you submit on a Rush Gold Platform.
- Details of products and services you have purchased from us together with any additional information necessary to deliver those products and services;
- Any information relating to you that you provide to Rush Gold directly through the Rush Gold Platforms, the Rush Gold service centre, customer surveys, your online presence or other contact points with you from time to time, through Rush Gold’s representatives, via email, telephone or otherwise; and
- Any contact information provided (including Personal Information) as well as any feedback, when Individuals provide Rush Gold with unsolicited feedback or otherwise interact with Rush Gold on their own accord.
(b) Personal Information collected passively
As Individuals come into contact with, or otherwise interact with the Services or the Rush Gold Platforms, we may collect the following types of Personal Information:
- Content that is posted and submitted to the Rush Gold Platforms, on our social media accounts or in discussion threads, as well as similar content that is posted about Individuals by others;
- The following types of browser, system and device information regarding devices Individuals use to access Rush Gold Platforms:
- Locational information, such as in the form of the IP address from which Rush Gold Platforms are accessed;
- Web data tracking information, such as data from cookies stored on Individuals’ devices, including cookie IDs and settings, as well as logs of your usage of Rush Gold Platforms;
- Device information provided by devices Individuals link to Rush Gold Platforms (e.g. device information from a smartphone) which at times might result in us collecting other secondary information about Individuals; and
- System usage information, including logs of an Individuals’ access and use of the Rush Gold Platform.
(c) Personal Information collected from third parties
In certain circumstances, Rush Gold will collect Personal Information about Individuals from third parties. This includes parties to any buy, sell, spend or send gold transaction, credit reporting agencies, identity verification services, law enforcement agencies and other government entities. The types of Personal Information collected include:
- Publicly available basic contact and biographical information (e.g. details available on LinkedIn, or any other biographical, display picture or other information);
- Information that is made available to Rush Gold by a third party service or platform, if you access Rush Gold Platforms through such services or platforms. You can generally control the information we receive from these sources by using the privacy settings on the third party services or platforms;
- Third party account information made available to us if Individuals link their Rush Gold Platform account or usage to third party services or platforms; and
- Web data tracking information that fits certain parameters of who we think could become Rush Gold clients (e.g. heat maps developed through Google Analytics which track patterns of individual interactions with our web pages).
Some of these third parties may collect Personal Information about you on our behalf for the purposes of providing services to us.
Rush Gold may collect information that is not Personal Information because it does not identify you or anyone else, or pseudonymised data sets acquired from clients or other third parties **.** These data sets might contain Personal Information that is not immediately attributable to identifiable individuals, but may constitute Personal Information when combined with other information available to Rush Gold.
(d) What happens if Rush Gold can’t collect your personal information?
If you do not provide Rush Gold with the Personal Information described above, some or all of the following may happen:
- Rush Gold may not be able to process any orders to buy, sell, spend or send gold and to store gold with vault providers;
- Rush Gold may not be able to provide any other requested products or Services to you, either to the same standard or at all;
- Rush Gold may not be able to provide you with information about any of our products and services that you may want, including information about discounts, sales or special promotions; or
- Rush Gold may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
4. WHY RUSH GOLD COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR
Although Rush Gold collects Personal Information from Individuals in a number of circumstances, Rush Gold will only collect this information in order to provide and develop the Rush Gold Platforms and Services. Rush Gold collects Personal Information about Individuals so that it can perform its business activities and functions and provide the best possible quality of customer service. Here are the main ways we use Personal Information to achieve these objectives:
Communication
Rush Gold will use basic contact, enquiry and feedback in order to communicate with Individuals about their enquiries or feedback, interest in the Rush Gold Platforms or Services, to provide information about Individuals’ orders to buy, sell, spend or send gold and to store gold with vault providers, and for other administrative purposes related to the specific reason for which the Personal Information was collected.
If Individuals have consented, Rush Gold will also use these types of Personal Information to share relevant communications about Rush Gold and the Rush Gold Platforms.
Administration and Delivery of Services and Rush Gold Platforms
Rush Gold will use basic contact information and other organisational information (e.g. provided about an Individual by their organisation) to engage with Individuals effectively and efficiently in providing the Services and Rush Gold Platforms. Rush Gold will also use these types of information for administrative purposes (e.g. resetting account information or permissions as applicable).
In some cases, Rush Gold will use an Individual’s browser and IP address to enable the browser to pre-fill the Individual’s email address when they visit the Rush Gold website. The Individual’s browser may also store a token of the Individual’s current web session. Rush Gold may log IP addresses to analyse trends, administer the website, track users’ movements, determine users’ location and gather broad demographic information. Rush Gold collects, holds, uses and discloses Personal Information to provide Individuals with access to protected areas of the Rush Gold website, to assess the performance of the website and to conduct business processing functions including providing personal information to Rush Gold’s related bodies corporate, contractors, service providers or other third parties.
Rush Gold may also use Individuals’ Personal Information to provide Individuals’ updated Personal Information to Rush Gold’s related bodies corporate, contractors or service providers, to update Rush Gold’s records and keep Individuals’ contact details up to date, and to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
Ensuring User safety
Rush Gold will use any type of information collected to prevent and address risks to all Individuals. For example, Rush Gold will use information to investigate suspicious or threatening activity.
Research and development
Rush Gold is constantly working to not only maintain and improve its Services and the RushGold Platforms, but to develop new ones. Rush Gold will use Personal Information for planning, product or service development, quality control and research purposes of Rush Gold, its contractors or service providers. Personal Information is used to develop, test and improve the Rush Gold Platforms and Services by providing us with an overview of how the Rush Gold Platforms are being used, any shortcomings the Rush Gold Platforms or Services may have, and subsequently to highlight the best means of improving experiences for all Individuals.
Rush Gold’s preference will be to de-identify these types information first, and then use it for this purpose in conjunction with de-identified browser and device information.
Marketing
Where Individuals have consented, or subject to law, Rush Gold will use basic contact, enquiry and organisational information to provide Individuals with relevant marketing materials and information about Rush Gold’s products and services that Rush Gold considers may be of interest to Individuals.
These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). Individuals consent to Rush Gold sending them those direct marketing communications by any of those methods. If an Individual indicates a preference for a method of communication, Rush Gold will endeavour to use that method whenever practical to do so.
Individuals can opt out of receiving marketing communications by using the opt-out functionality provided in each marketing communication (e.g. by clicking “unsubscribe” at the bottom of an email) or by contacting Rush Gold using the contact details provided below. Rush Gold will ensure that the Individual is removed from Rush Gold’s mailing list. Rush Gold does not provide Individuals’ Personal Information to other organisations for the purposes of direct marketing.
5. RUSH GOLD’S DISCLOSURE OF PERSONAL INFORMATION
Generally, Rush Gold does not disclose Personal Information to any third parties except:
- Service providers Rush Gold engages to help us provide and develop the Rush Gold Platforms;
- Related parties to buy, sell, spend or send gold and to store gold with vault providers, including Rush Gold’s related entity SendGold Vault Pty Ltd;
- Identity verification services and credit reporting agencies;
- Rush Gold’s employees, related bodies corporate, contractors or service providers for the purposes of operating the Rush Gold Platforms, fulfilling requests and orders by Individuals, and to otherwise provide products and services to Individuals including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, vault providers, debt collectors and professional advisors such as accountants, solicitors, business advisors and consultants;
- Suppliers and other third parties with whom Rush Gold has commercial relationships, for business, marketing and related purposes;
- Any organisation for any authorised purpose with Individuals’ express consent;
- Law enforcement agencies, or another party that has a legitimate legal right to access the information.
In the case of disclosing Personal Information to an organisation for an authorised purpose or to Individuals’ organisations, Rush Gold will seek the explicit consent of the Individual before disclosing their information. Rush Gold may combine any information that Rush Gold collects from Individuals with information collected by any of Rush Gold’s related bodies corporate.
Overseas Disclosure
Sometimes, subject to relevant law, we may disclose Individuals’ Personal Information to agents of Individuals, or their organisations, that are overseas. As with disclosures to third party service providers, overseas disclosures are always made once Rush Gold has taken all reasonable steps to determine the information will be treated as at least as favourably under the Act and other applicable privacy laws.
6. RUSH GOLD’S TREATMENT AND STORAGE OF INFORMATION
Rush Gold’s general approach
Rush Gold takes reasonable steps to ensure Individuals’ Personal Information is protected from misuse and loss and from unauthorised access, modification or disclosure. Rush Gold may hold Individuals’ information in either electronic or hard copy form.
Rush Gold will keep your Personal Information confidential and not sell or knowingly divulge Individual information to any external third parties, unless:
- We believe, in good faith, that we are required to share the Personal Information with a third party in order to comply with legitimate legal obligations;
- The disclosure is to a third party that acts on our behalf and/or under our instruction in order to enable us to deliver the Rush Gold Platforms;
- Other entities which may acquire ownership or operation of Rush Gold or the Rush Gold Platforms; and/or
- To protect the safety of Individuals, and the security our Rush Gold Platforms.
Rush Gold seeks the informed and voluntary consent of Individuals whenever it collects their information, or as soon as possible after.
Individuals can always refuse or revoke this consent, but sometimes this will affect Rush Gold’s ability to provide them with the Rush Gold Platforms. Rush Gold will advise Individuals if this is the case.
De-identification
Personal Information is destroyed or de-identifiedwhen no longer needed. De-identified information refers to information that cannot reasonably be used to identify a particular Individual. De-identified information that can identify individuals only if it is combined with another, separate piece of information is referred to as pseudonymised information.
Where possible Rush Gold will aim to collect, store and use anonymised information as a first preference, and if not, then pseudonymised information. However, sometimes it will be impractical for Individuals’ information to be de-identified or treated in this way, and in this case, Rush Gold will continue to use and hold the information in a personally identifiable state. For example, if Rush Gold needs to reply to an Individual’s enquiry we will have to use the contact information provided.
Security
Rush Gold is committed to information security. We will use all reasonable endeavours to keep the Personal Information we collect, hold and use in a secure environment. To this end we have implemented technical, organisational and physical security measures that are designed to protect Personal Information, and to respond appropriately if it is ever breached.
When information collected or used by Rush Gold is stored by third party service providers, Rush Gold takes reasonable steps to ensure these third parties use industry standard security measures that meet the level of information security Rush Gold owes Individuals.
As part of our privacy framework, we endeavour to routinely review these security procedures and consider the appropriateness of new technologies and methods.
As the Rush Gold website is linked to the internet, and the internet is inherently insecure, Rush Gold cannot provide any assurance regarding the security of transmission of information Individuals communicate to us online. Rush Gold also cannot guarantee that the information Individuals supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
The Rush Gold website may contain links to other websites operated by third parties. Rush Gold makes no representations or warranties in relation to the privacy practices of any third party website and Rush Gold is not responsible for the privacy policies or the content of any third party website. Third party websites are responsible for informing Individuals about their own privacy practices.
Data Breaches
In the circumstances where Rush Gold suffers a data breach that contains Personal Information, we will take all necessary steps to comply with the Notifiable Data Breach Scheme outlined under the Act This means we will immediately make an objective assessment of whether a breach of Personal Information is likely to result in serious harm to Individuals, and if this is the case, endeavour to notify the affected Individual(s) and the Australian Information Commissioner.
If an Individual believes that their privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. Rush Gold requests that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Rush Gold will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process. After Rush Gold has completed its enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
7. RUSH GOLD’S RETENTION OF INFORMATION
Rush Gold retains Personal Information until it is no longer needed to provide or develop the Rush Gold Platforms. When the Personal Information is no longer required, Rush Gold will destroy or de-identify the Personal Information.
However, Rush Gold will retain:
- Personal Information in circumstances where we have legal and regulatory obligations to do so (e.g. for law enforcement purposes, employment law, corporate or tax record keeping, and where the information is relevant to legitimate legal proceedings, or in keeping with its requirements under other Australian record keeping legislation); and
- anonymised information for analytic and service development purposes.
The information we retain will be handled in accordance with this PrivacyPolicy.
8. MANAGING YOUR PERSONAL INFORMATION
Accessing and ensuring the accuracy of Personal Information
Rush Gold takes reasonable steps to ensure that the Personal Information we collect and hold is accurate, up to date and complete.
Individuals have a right to access and request the correction of any of Personal Information we hold about them at any time. Any such requests should be made by directly contacting us at the details set out below. Rush Gold will grant access to the extent required or authorised by the Act and applicable laws, and will take all reasonable steps to correct the relevant Personal Information where appropriate. Rush Gold may charge Individuals a fee to cover our administrative and other reasonable costs in providing the information to you. Rush Gold will not charge for simply making the request and will not charge for making any corrections to your Personal Information.
There may be circumstances in which Rush Gold cannot provide Individuals with access to information. We will advise you of these reasons if this is the case. For example, Rush Gold may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, Rush Gold will give the Individual written reasons for any refusal.
If an Individual believes that Personal Information Rush Gold holds about the Individual is incorrect, incomplete or inaccurate, then the Individual may amend it themselves online or request Rush Gold to amend it. Rush Gold will consider if the information requires amendment. If Rush Gold does not agree that there are grounds for amendment then Rush Gold will add a note to the Personal Information stating that the Individual disagrees with it.
Contacting Rush Gold
If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please use the contact link on our website or contact us using the details set out below. You will need to provide sufficient details regarding your complaint as well as any supporting evidence and/or information. We will treat your requests or complaints confidentially. Rush Gold has appointed a Privacy Officer to be the first point of contact for all privacy related matters and to assist in ensuring our compliance with our privacy obligations.
The Privacy Officer will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. Rush Gold will aim to ensure that your complaint is resolved in a timely and appropriate manner. Rush Gold will contact you if we require any additional information from you and will notify you in writing (which includes electronic communication via email) of the relevant determination. If you are not satisfied with the determination you can contact us to discuss your concerns or complain to the Australian Privacy Commissioner via www.oaic.gov.au.
Privacy Officer
Mobile Assets Pty Ltd
Level 1, 6-10 O’Connell Street, Sydney, NSW 2000
Tel: 1800 183424
Email: customerteam@rush.sqzstage.com
