FEX - Financial and Energy Exchange Group

FEX Privacy Statement

The following statement sets out FEX’s policy relating to the collection, storage and use of personal information in the course of its business.

In this policy:

  1. “we”, “us”, “our” or “FEX” means Financial & Energy Exchange Limited and its related bodies corporate, including FEX Global Pty Limited and Mercari Pty Limited, and
  2. “FEX Group” means Financial & Energy Exchange Limited and its related bodies corporate, including FEX Global Pty Limited and Mercari Pty.

FEX is bound by the Australian Privacy Principles (“APP” or “Principles”) as set out in the Privacy Act 1988 (Commonwealth). The following provide a clear and concise outline of FEX's Privacy Policy on how and when Personal Information is collected, stored and distributed by the FEX Group.

This Privacy Policy is in addition to FEX’s Operating Rules and Clearing Entity Agreement (“the FEX Rules”) and is to be read in conjunction with the FEX Rules.

Why does FEX collect Personal Information?

As an Australian Market Licence holder and market operator FEX has certain statutory obligations imposed on it under the Corporations Act. Under the FEX Rules, FEX may collect, use and disclose Personal Information in order to be able to effectively discharge these obligations.

As a receiver and provider of services to third parties, FEX may be required to collect, use and disclose Personal Information to discharge contractual obligations and in relation to potential employees during the recruitment process.

We review our Privacy Policy from time to time and reserve the right, at our discretion, to amend this policy at any time without any notice other than posting the amended Privacy Policy on the FEX website or apps. Amendments to our Privacy Policy will be effected immediately once posted on our website or apps. Your continued use of our services following the posting of an amended Privacy Policy will be deemed as acceptance of those amendments.

It is your responsibility to ensure that you keep up-to-date with the current Privacy Policy.

You should review this page periodically so that you are updated on any changes to the policy.

Types of Personal Information we collect and hold

The type of personal information FEX collects may include: names, addresses, contact details, occupations and any other information required to meet contractual obligations and statutory obligations as a market operator in the provision of services or in relation to recruitment.

Personal information is collected in a variety of ways, including by way of personal contact such as business activities and events, as well as mail, telephone, email and internet. In some circumstances FEX may be provided personal information about an individual from a third party.

We may collect personal information about:

  • Individuals;
  • Suppliers;
  • Employees;
  • Trading Participants;
  • Clearing Entities;
  • Candidates for employment;
  • Potential new Trading Participants and Clearing Entities;
  • Third parties seeking services; and
  • Other people who come into contact in the ordinary course of business.

How does FEX use and disclose Personal Information?

FEX may use or disclose Personal Information for the following purposes:

  • To enable it to discharge its statutory obligations;
  • To enable it to discharge its licence obligations as a market operator;
  • To enable it to discharge its obligations with its designated clearing and settlements facilities;
  • To service FEX customers;
  • To enable it to discharge its contractual obligations when providing products and services to third parties;
  • To provide investor education services;
  • To service shareholders;
  • To provide human resources services for FEX employees or potential employees;
  • To enable the resolution complaints;
  • To provide ongoing information about our products and services to people that we believe may be interested; and
  • To provide products and services.

We will only use your Personal Information for the purpose for which you have provided it. We will not disclose your Personal Information to third parties, unless you consent or in other circumstances where such disclosure is required or authorised by law.

Contracts we enter into with other parties for the provision of services may require us to disclose your Personal Information to them. In those cases, our contracts require other parties providing services to us to observe the terms of this Privacy Policy.

We are required by under the terms of our Australian Market Licence to record all telephone calls we have with you. We shall make a recording of all telephone calls with you including where you lodge a dispute, or where there is a discussion regarding any aspect of your interaction with us. We will not tell you each time we record a call. You acknowledge this and agree to such recordings being made, and, you agree that the relevant recordings and/or any records of your transactions may be made available to the regulatory authority to enable any dispute to be determined in accordance with FEX’s Rules.

Personal information may also be collected by cookies when you use our website and apps. See Cookies below for further information.

Why we collect, hold, use and disclose personal information

We collect and hold, use and disclose personal information for purposes including the following:

  • to allow you to register as a client of FEX;
  • to provide products and services to you;
  • to enable us to perform our obligations to you under FEX’s Rules and to ensure that you perform your obligations under FEX’s Rules;
  • for communicating with you, including sending you information about our products and services and the products and services of other entities in the FEX Group;
  • for planning, research, promotion and marketing of our goods and services;
  • to create aggregate data about clients through demographic profiling and statistical analysis of our database to optimise our products and services and /or allow for more efficient operation of our business;
  • to establish your bona fides; and
  • to comply with our legal and statutory obligations, including our obligations relating to identity verification and reporting under the Anti-Money Laundering and Counter Terrorism Act 2006 (Cth), our licencing obligations as an Australian Market Licence holder and other applicable laws.

Other entities in the FEX Group may use your personal information to contact you about products or services that may be of interest to you. If you no longer wish to receive promotional or marketing material from us or any other entity in the FEX Group, please contact FEX on +61 2 8024 5200 or email privacy@fex.com.au .

Does FEX transfer Personal Information overseas?

FEX does not transfer personal information to overseas parties unless required by law or enforcement activity or unless working with international service providers.

FEX will exchange or store personal information with vendors who have been contracted to provide clearing and settlement services, customer relationship systems and technological solutions. These third party service providers may be located in Australia, United Kingdom, European Union, USA, Japan and other countries. While these parties will be subject to confidentiality, they are not required to comply with the Australian Privacy Act and may have different disclosure requirements under their local laws. Although information is encrypted where possible and efforts are made to protect your information, when you agree to this Privacy Policy you acknowledge that FEX will not be responsible for the overseas third party. The list of countries may change from time to time.

Does FEX collect sensitive information and use of Government Identifiers?

FEX does not collect sensitive information about an individual unless the individual has consented or it is required by law. Sensitive information covers Personal Information such as an individual’s race 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 and practices; criminal record; or health information.

Government identifiers (eg TFNs) will generally not be used unless required by law or necessary to complete a transaction or service.

How does FEX manage and Protect Personal Information?

FEX takes reasonable steps to protect Personal Information it holds from misuse, interference and loss and from unauthorised access, modification or disclosure. Where Personal Information is no longer required for the purpose for which it was collected reasonable steps will be taken to destroy or permanently de-identify the information. Further, our employees, agents, contractors are required to maintain the confidentiality of all personal information.

Personal Information is held for a period of up to seven years, depending on the nature of the information being held.

Access to and correcting Personal Information

Subject to the exceptions set out in the Privacy Act, you may request access to and correction of the personal information we hold about you. To access or seek correction of any of your personal information please contact our Privacy Officer. We will require you to verify your identity and to specify what information you require.

You may request access or correction to Personal Information held by FEX by writing to our Privacy Officer. Exceptions may apply as outlined in the APPs. A fee may be charged for providing access.

Unsolicited personal information

Where we receive unsolicited personal information, we will determine whether or not it would have been permissible to collect that personal information if it had been solicited. If we determine that collection would not have been permissible, to the extent permitted by law, we will destroy or de-identify that personal information as soon as practicable.

Web site collection

FEX may collect personal information from the web sites through its services. Cookies may be used on websites in the following ways:

  • To authenticate access to certain areas of a web site;
  • To monitor traffic levels and flows; and
  • From time to time FEX may conduct surveys

Information is provided by your browser and recorded into our server logs. This information is logged for statistical purposes only.

We will try not to identify you or your browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs or if your usage is causing technical issues for our website which may need to be resolved. In these circumstances we may need to identify you to contact you.

We may also from time to time email you about an event or new feature that we think might be of interest. If you do not wish to receive such emails, you will be able to remove yourself from this list.

Linked Sites

FEX’s site contains links to other sites. We encourage you to be aware that on leaving FEX’s site and accessing linked sites you will be using a site not controlled by FEX and will be subject to a separate privacy policy. The privacy policy set out here relates only to the information collected from FEX’s site.


If you have a complaint relating to how we handle personal information, please contact our Privacy Officer or phone +61 2 8024 5200 and we will use all reasonable efforts to promptly determine and correct the problem.

If you are not satisfied with the outcome of your complaint you may contact the Privacy Hotline 1300 363 992 or visit www.privacy.gov.au for information about making a complaint to the Privacy Commissioner.

Further Information

For further information about privacy issues in Australia, visit the Australian Federal Privacy Commissioner’s website Australian Federal Privacy Commissioner’s website www.oaic.gov.au.

If you have any further queries please email Privacy Officer or phone +61 2 8024 5200