Privacy Policy - Black Sheep Capital

General

This Privacy Policy applies to all Personal Information collected by Black Sheep Capital. We are committed to complying with its obligations under the Privacy Act 1988 (Act) and the Australian Privacy Principles (APP) in respect of that information. If you are located in, or are a citizen of the European Union, you may have additional rights under the European Union General Data Protection Regulation (GDPR). If you are located in another jurisdiction, additional local requirements will comply.

In this policy, we explain how and why we collect your Personal Information, how we use it, and what controls you have over our use of it.

In this Privacy Policy:

“OAIC” means the Office of the Australian Information Commissioner;
“Personal Information” means information about you which personally identifies you or may reasonably be used to personally identify you;
“Sensitive Information” has the meaning given to that term in the Act;
“Services” means the services provided on our Website or as otherwise offered by us to you;
“we”, “us” or “Black Sheep Capital” means Black Sheep Capital Pty Ltd ACN 168 028 939 and its associated entities as appropriate;
“Website” means “Website” means https://blacksheepcapital.com.au/ or any other website from time to time from which the Services are promoted and/or delivered; and
“you” means you and anyone acting on your behalf or with your implied authority.

Please read this Privacy Policy carefully. Your use of any part of our Website or Services will constitute your consent to the collection, transfer, processing, storage, disclosure and other uses of your Personal Information in accordance with this Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, please do not use our Website or Services.

What Personal Information do we collect?

We collect and hold various types of Personal Information, which may include:

personal details, including name and date of birth;
contact details, including your email address, mailing address and telephone number;
financial information, including banking details, billing and payment details;
identity data including your name, company name and username or similar identifier;
contact data including your contact details such as address, email address and telephone number;
usage data including information about how you use our website, products and services;
marketing and communications data including your preferences in receiving marketing from us and our third parties and your communication preferences;
information necessary for or incidental to the provision of the Services;
any other Personal Information that may be required in order to facilitate your dealings with us.

How do we collect Personal Information?

We may collect Personal Information from you when:

you access or use our Website;
you communicate with our employees or clients;
you deal with us in the course of business;
we solicit it from third parties in the course of our business;
we solicit it from third parties, for example, from your referees or interviews where you are applying to work for us or pitching to us;
it is provided from publicly available records or public registries that we accessed in the course of providing services;
you communicate with us through via email, telephone, SMS, our Website or social media; and
you otherwise deal with us in the course of our business.

Where we solicit Personal Information, we only collect:

non-Sensitive Information, if it is reasonably necessary for the services we provide; and
Sensitive Information, if it is reasonably necessary for or directly related to services we provide and you have consented to its collection, or its collection is permitted or authorised by law.

If we solicit Personal Information, we will generally solicit it directly from you, unless it is unreasonable or impracticable for us to do so. Where we collect Personal Information about you from a third party without your prior consent, we will take reasonable steps to inform you that we have collected Personal Information.

How we store and protect Personal Information

We prioritise the security of your Personal Information whilst it is in our possession. We may hold Personal Information in various forms, including but not limited to physical documents, electronic records, visual records and audio recordings. Physical files are kept securely inside our access controlled premises. Electronic files are stored securely on protected information systems and are only accessible through our secure network. We maintain physical security over our paper and electronic data stores, and confidentiality agreements form part of the employment contracts for all of our staff members and contractors.

We take reasonable steps to:

ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;
protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.

We cannot guarantee the security of information transmitted via the internet. As such, transmission of Personal Information via the internet is at your own risk and we cannot be held responsible for the security of such information.

Why do we collect, hold, use and disclose Personal Information?

We may collect, hold, use and disclose your Personal Information for the following purposes:

for the purpose(s) for which it was disclosed to or collected by us;
facilitating interactions with you in the course of operating our business;
assessing and evaluating pitches and investment opportunities;
responding to your enquiries and information requests;
providing services to our clients if it was validly collected for that purpose;
storing information at third-party data centres;
updating your Personal Information;
complying with our legal obligations;
employing staff, including conducting criminal reference checks and other background checks permitted by law;
for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose for which it was collected;
for any other purposes for which you have consented from time to time.

The above purposes include using and disclosing your Personal Information:

to supply the Services to you or facilitating other interactions with you in the course of operating our business;
to share your Personal Information to our employees, contractors, advisors or other third party service providers to assist us with providing the Services;
to respond to your enquiries and provide you with relevant information;
to update your Personal Information;
to collect information required for reporting to relevant regulatory bodies;
as permitted or required by law; and
for any other uses identified at the time of collecting your Personal Information.

We may also share your Personal Information:

with third parties who work with us business purposes, such as accreditation agencies, investors, advisors, financial institutions or information technology providers;
to establish, exercise or defend an equitable claim;
for the purpose of confidential dispute resolution process; and
when there is a statutory requirement to share certain Personal Information.

If we engage third party contractors to perform services for us which involves handling Personal Information, we take reasonable steps to prohibit the contractor from using Personal Information except for the purposes for which it was supplied.

Direct marketing

We will only send you direct marketing communications and information via mail, email and social media platforms about our Services with your consent. If you do not provide your consent to receive direct marketing communications, you may opt-out of receiving marketing communications from us by contacting us at the details below or by using opt-out facilities provided in our communications.

Overseas disclosure

It is unlikely that we will need to disclose your Personal Information to an overseas recipient or otherwise store your Personal Information overseas.

If we are ever required to do so, we will obtain your informed consent or ensure that the overseas recipients comply with the APPs.

GDPR compliance

If your Personal Information is governed by the GDPR, you may have additional rights as set out below:

Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your personal information in the following scenarios:
1. if you want us to establish the information’s accuracy;
2. where our use of the information is unlawful but you do not want us to erase it;
3. where you need us to hold the information even if we no longer require it as you need it to establish, exercise or defend legal claims; or
4. you have objected to our use of your information, but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your Personal Information to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Using our website and cookies

To improve your experience on our website, we may use ‘cookies’: small data files that are served by our platform and stored on your device. These are used by us or third parties for a variety of purposes including to operate and personalise the website. Cookies may be used for recording preferences, conducting internal analytics, conducting research to improve our offering, assisting with marketing and delivering certain website functionality.

You may refuse to accept cookies by selecting the appropriate setting on your internet browser. However, please note that if you do this, you may not be able to use the full functionality of our Website.

Third party links

For your convenience and to improve the usage of the Website and Services we may insert links to third-party websites, applications or resources, for which this Privacy Policy does not apply.

We are not responsible for those third party websites, applications or resources. If you access such websites, applications or resources, you do so at your own risk and we make no representations or warranties regarding third parties’ privacy practices. We encourage you to read the privacy statements/policies of every website, application or resource you use.

When we do link to a third party website, application or resource, this does not automatically imply that we endorse that website, application, resource and their contents. Our Privacy Policy does not cover the use of cookies by any third parties.

Accessing or correcting your Personal Information

We are committed to maintaining accurate, timely, relevant and appropriate information.

Where requested, we will provide you with a copy of the Personal Information that we hold which relates to you, provided that the request is made in accordance with the APPs (contained in the Act). We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant or misleading.

There are no charges for requesting access to or the correction of your Personal Information, however if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request.

You can contact our privacy officer regarding access to or correction of your information by any of the following methods:

Email: admin@blacksheepcapital.com.au

Post: PO Box 910 New Farm Qld 4005

We will respond to those requests within 30 days in accordance with our obligations under the Act. If we refuse a request to access or correct Personal Information, where reasonable, we will provide you our reasons for doing so and information about your ability to complain about such refusal.

In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you. Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.

Making a complaint

If you have a complaint about our Privacy Policy or the collection, use, disposal or destruction of your Personal Information, your complaint should be directed in the first instance to our privacy officer at the details set out above.

We will investigate your complaint and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of Personal Information held by us about you in accordance with the Act. If you are not satisfied with the outcome of this process, then you may contact the OAIC.

Privacy Policy changes

We may change this Privacy Policy at our discretion. If we do so, the latest version of our privacy policy will be available on our Website at https://blacksheepcapital.com.au/ and it will apply to all your Personal Information held by us at that time.

Further information

If you require any further information or have any queries regarding our Privacy Policy, please contact our privacy officer at the details set out above.

Should you wish to read more information on the Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.