Privacy Policy

1 PURPOSE OF OUR POLICY

1.1 Fractionus Group Pty Ltd ABN 37 688 359 926. (we, us or our) has adopted this

Privacy Policy to ensure that we have standards in place to protect the Personal

Information that we collect about individuals that is necessary and incidental to:

(a) providing the system and services that we offer; and

(b) the normal day-to-day operations of our business.

1.2 This Privacy Policy follows the standards of both:

(a) the Australian Privacy Principles set by the Australian Government for the handling of

Personal Information under the Privacy Act 1988 (Cth) (Privacy Act); and

(b) the regulations and principles set by the European Union’s General Data Protection

Regulation (GDPR) for the handling of Personal Data.

1.3 By publishing this Privacy Policy, we aim to make it easy for our users and the public

to understand what Personal Information we collect, why we do so, how we receive,

obtain and/or use that information, and the rights of control an individual has with

respect to their Personal Information in our possession.

2 WHO AND WHAT THIS POLICY APPLIES TO

2.1 Our Privacy Policy deals with how we handle “personal information” and “personal

data” as it is defined in the Privacy Act and the GDPR respectively (Personal

Information).

2.2 We handle Personal Information in our own right and also for and on behalf of our

users.

2.3 Our Privacy Policy does not apply to information we collect about businesses or

companies, however it does apply to information about the people in those

businesses or companies.

2.4 The Privacy Policy applies to all forms of information, physical and digital, whether

collected electronically or in hardcopy.

2.5 If, at any time, an individual provides Personal Information or other information about

someone other than himself or herself, the individual warrants that they have that

person’s consent to provide such information for the purpose specified.

2.6 If we learn that Personal Information has been collected on the service from minors

without verifiable parental or guardian consent, then we will take the appropriate

steps to delete such information.

3 THE INFORMATION WE COLLECT

3.1 Without limitation, the type of information we may collect is:

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(a) Personal Information. We may collect personal details such as an individual’s

name, location, date of birth, nationality, family details and other information defined

as “Personal Information” in the Privacy Act that allows us to identify who the

individual is;

(b) Contact Information. We may collect information such as an individual’s email

address, telephone & fax number, third-party usernames, residential, business and

postal address and other information that allows us to contact the individual;

(c) Financial Information. We may collect financial information related to an individual

such as any bank or credit card details used to transact with us and other information

that allows us to transact with the individual and/or provide them with our services;

(d) Statistical Information. We may collect information about an individual’s online and

offline preferences, habits, movements, trends, decisions, associations,

memberships, finances, purchases and other information for statistical purposes; and

(e) Information an individual sends us. We may collect any personal correspondence

that an individual sends us, or that is sent to us by others about the individual’s

activities.

3.2 We may collect other Personal Information about an individual, which we will maintain

in accordance with this Privacy Policy.

3.3 We may also collect non-Personal Information about an individual such as

information regarding their computer, network, and browser. Where non-Personal

Information is collected the Australian Privacy Principles and the GDPR do not apply.

4 HOW INFORMATION IS COLLECTED

4.1 Most information will be collected in association with an individual’s use of our talent

sourcing and management platform and services (Fractionus), an enquiry about

Fractionus or generally dealing with us. Information is likely to be collected as follows:

(a) Registrations. When an individual registers for a service, account, connection or

other process whereby they enter Personal Information details in order to receive or

access something, including a transaction;

(b) Applications. When an individual submits a request to receive a quote from, or

become a member of, Fractionus whereby they enter Personal Information as part of

its request;

(c) Supply. When an individual supplies us with goods or services;

(d) Contact. When an individual contacts us in any way;

(e) Access. When an individual accesses us physically we may require them to provide

us with details for us to permit them such access. When an individual accesses us

through the internet we may collect information using cookies (if relevant – an

individual can adjust their browser’s setting to accept or reject cookies) or analytical

services; and/or

(f) Pixel Tags. Pixel tags enable us to send email messages in a format brands can

read and they tell us whether mail has been opened.

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4.2 As there are many circumstances in which we may collect information both

electronically and physically, we will endeavour to ensure that an individual is always

aware of when their Personal Information is being collected.

4.3 Where we obtain Personal Information without an individual’s knowledge (such as by

accidental acquisition from a user), we will either delete/destroy the information, or

inform the individual that we hold such information, in accordance with the Australian

Privacy Principles and the GDPR.

5 WHEN PERSONAL INFORMATION IS USED AND DISCLOSED

5.1 In general, the primary principle is that we will not use any Personal Information other

than for the purpose for which it was collected other than with the individual’s

permission. The purpose of collection is determined by the circumstances in which

the information was collected and/or submitted.

5.2 We will only process Personal Information when we can identify a lawful basis to do

so. It is always our responsibility to ensure that we can demonstrate which lawful

basis applies to the particular processing purpose.

5.3 The most common lawful bases relied upon are:

(a) Consent: we will only rely upon express, clear and informed consent. Any consent

provided may specify and/or restrict the purpose and can be withdrawn at any time

without penalty. We will keep a record of when and how we got consent from an

individual.

(b) Legitimate interests: we will only rely upon an identifiable legitimate interest where we

can demonstrate that the processing of Personal Information is necessary to achieve

it by balancing it against the individual’s interests, rights and freedoms. We will keep

a record of our legitimate interests’ assessments.

5.4 We will retain Personal Information for the period necessary to fulfil the purposes

outlined in this Privacy Policy unless a longer retention period is required or permitted

by law.

5.5 If it is necessary for us to disclose an individual’s Personal Information to third parties

in a manner compliant with the Australian Privacy Principles and the GDPR in the

course of our business, we will inform you that we intend to do so, or have done so,

as soon as practical.

5.6 We will not disclose or sell an individual’s Personal Information to unrelated third

parties under any circumstances, unless the prior written consent of the individual is

obtained.

5.7 Information is used to enable us to operate our business, especially as it relates to an

individual. This may include:

(a) the provision of goods and services between an individual and us;

(b) verifying an individual’s identity;

(c) communicating with an individual about:

i their relationship with us;

ii our goods and services;

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iii our own marketing and promotions to brands and talents;

iv competitions, surveys and questionnaires;

(d) investigating any complaints about or made by an individual, or if we have reason to

suspect that an individual is in breach of any of our terms and conditions or that an

individual is or has been otherwise engaged in any unlawful activity; and/or

(e) as required or permitted by any law (including the Privacy Act).

5.8 The individual shall have the right to object at any time to the processing of their

Personal Information for direct marketing purposes, which includes profiling to the

extent that it is related to such direct marketing. If we receive such a request, we will

stop the processing of Personal Information for direct marketing purposes

immediately without charge or penalty.

5.9 There are some circumstances in which we must disclose an individual’s information:

(a) where we reasonably believe that an individual may be engaged in fraudulent,

deceptive or unlawful activity that a governmental authority should be made aware of;

(b) as required by any law (including the Privacy Act); and/or

(c) in order to sell our business (in that we may need to transfer Personal Information to

a new owner).

5.10 We will not disclose an individual’s Personal Information to any entity outside of

Australia that is in a jurisdiction that does not have a similar regime to the Australian

Privacy Principles or an implemented and enforceable privacy policy similar to this

Privacy Policy. We will take reasonable steps to ensure that any disclosure to an

entity outside of Australia will not be made until that entity has agreed in writing with

us to safeguard Personal Information as we do.

5.11 We may utilise third-party service providers to communicate with an individual and to

store contact details about an individual. These service providers may be located

outside of Australia.

6 OPTING “IN” OR “OUT”

6.1 An individual may opt to not have us collect and/or process their Personal

Information. This may prevent us from offering them some or all of our services and

may terminate their access to some or all of the services they access with or through

us. They will be aware of this when:

(a) Opt In. Where relevant, the individual will have the right to choose to have

information collected and/or receive information from us (for clarity, consent must

involve an unambiguous positive action to opt in); or

(b) Opt Out. Where relevant, the individual will have the right to choose to exclude

himself or herself from some or all collection of information and/or receiving

information from us.

6.2 If an individual believes that they have received information from us that they did not

opt in or out to receive, they should contact us using the details as set out below.

7 THE SAFETY AND SECURITY OF PERSONAL INFORMATION

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7.1 We may appoint a Data Protection Officer to oversee the management of this Privacy

Policy and compliance with the Australian Privacy Principles, the Privacy Act and the

GDPR. This officer may have other duties within our business and also be assisted

by internal and external professionals and advisors.

7.2 We will take all reasonable precautions to protect an individual’s Personal Information

from unauthorised access. This includes appropriately securing our physical facilities

and electronic networks.

7.3 Each individual that provides information to us via the internet or by post does so at

their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised

access to, Personal Information where the security of information is not within our

control.

7.4 We are not responsible for the privacy or security practices of any third party

(including third parties that we are permitted to disclose an individual’s Personal

Information to in accordance with this policy or any applicable laws), unless otherwise

required by the Privacy Act and the GDPR. To avoid doubt, this includes any

businesses or service providers we engage with via Fractionus. The collection and

use of an individual’s information by such third parties may be subject to separate

privacy and security policies, and we cannot be held liable in any way for a third-party

use of Personal Information (including in circumstances where it is obtained through

us).

7.5 If an individual suspects any misuse or loss of, or unauthorised access to, their

Personal Information, they should let us know immediately.

7.6 We are not liable for any loss, damage or claim arising out of another person’s use of

the Personal Information where we were authorised to provide that person with the

Personal Information.

7.7 Where there is a breach of security leading to the accidental or unlawful destruction,

loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:

(a) we will immediately establish the likelihood and severity of the resulting risk to wider

rights and freedoms of natural persons;

(b) if we determine there is a risk from the security breach, then we will immediately

notify the relevant supervisory authority and provide all relevant information on the

particular breach, and by no later than 72 hours after having first become aware of

the breach;

(c) if we determine there is a high risk from the security breach (a higher threshold than

set for notifying supervisory authorities), we will immediately notify the affected

individuals and provide all relevant information on the particular breach without undue

delay.

7.8 We will document the facts relating to any security breach, its effects and the

remedial action taken, and investigate the cause of the breach and how to prevent

similar situations in the future.

8 HOW TO ACCESS, UPDATE AND/OR REMOVE INFORMATION

8.1 Subject to the Australian Privacy Principles and the GDPR, an individual has the right

to request from us the Personal Information that we have about them, and we have

an obligation to provide them with such information as soon as practicable, and by no

later than 28 days of receiving the written request. The individual is free to retain and

reuse their Personal Information for their own purposes. We may be required to

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transmit the Personal Information directly to another organisation if this is technically

feasible.

8.2 If an individual cannot update their own information, we will correct any errors in the

Personal Information we hold about an individual within 28 days of receiving written

notice from them about those errors, or two months where the request for rectification

is complex.

8.3 It is an individual’s responsibility to provide us with accurate and truthful Personal

Information. We cannot be liable for any information that is provided to us that is

incorrect.

8.4 Where a request to access Personal Information is manifestly unfounded, excessive

and/or repetitive, we may refuse to respond or charge an individual a reasonable fee

for our costs incurred in meeting any of their requests to disclose the Personal

Information we hold about them. Where we refuse to respond to a request, we will

explain why to the individual, informing them of their right to complain to the

supervisory authority and to a judicial remedy without undue delay and at the latest

within 28 days.

8.5 We may be required to delete or remove all Personal Information we have on an

individual upon request in the following circumstances:

(a) where the Personal Information is no longer necessary in relation to the purpose for

which it was originally collected and/or processed;

(b) when the individual withdraws consent;

(c) when the individual objects to the processing and there is no overriding legitimate

interest for continuing the processing;

(d) the processing of the Personal Information was otherwise in breach of the GDPR;

(e) the Personal Information has to be erased in order to comply with a legal obligation;

and/or

(f) the Personal Information is in relation to a child.

8.6 We may refuse to delete or remove all Personal Information we have on an individual

where the Personal Information was processed for the following reasons:

(a) to exercise the right of freedom of expression and information;

(b) to comply with a legal obligation for the performance of a public interest task or

exercise of official authority.

(c) for public health purposes in the public interest;

(d) archiving purposes in the public interest, scientific research historical research or

statistical purposes; or

(e) the exercise or defence of legal claims.

9 COMPLAINTS AND DISPUTES

9.1 If an individual has a complaint about our handling of their Personal Information, they

should address their complaint in writing to the details below.

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9.2 If we have a dispute regarding an individual’s Personal Information, we both should

first attempt to resolve the issue directly between us.

9.3 An individual shall have the right to seek a judicial remedy where he or she considers

that his or her rights under the GDPR have been infringed as a result of the

processing of his or her Personal Information in non-compliance with the GDPR. Any

proceedings should be commenced in New South Wales, Australia, where we are

established.

9.4 If we become aware of any unauthorised access to an individual’s Personal

Information we will inform them at the earliest practical opportunity once we have

established what was accessed and how it was accessed.

10 CONTACTING INDIVIDUALS

10.1 From time to time, we may send an individual important notices, such as changes to

our terms, conditions and policies. Where such information is materially important to

the individual’s interaction with us, they may not opt out of receiving these

communications.

11 CONTACTING US

11.1 All correspondence with regards to privacy should be addressed to:

The Privacy Officer

Fractionus Group Pty Ltd

privacy@fractionus.com

You may contact the Data Protection Offer via email in the first instance.

12 ADDITIONS TO THIS POLICY

12.1 If we decide to change this Privacy Policy, we will post the changes on our webpage

at https://fractionus.com/. Please refer back to this Privacy Policy to review any

amendments.

12.2 We may do things in addition to what is stated in this Privacy Policy to comply with

the Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy

shall deem us to have not complied with the Australian Privacy Principles and the

GDPR.