GetSweaty Privacy Policy

Introduction

GetSweaty Pty Ltd (ACN 692 477 393) (“GetSweaty”, “we”, “us”, “our”) handles personal information in line with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). This policy explains how, set out under each of the 13 APPs.

We operate the GetSweaty website and platform (the “Platform”). On the Platform, founders, experts, investors and others create profiles, post and apply for projects, and agree work-for-equity engagements.

This policy applies to everyone who uses the Platform or contacts us.

1. Open and Transparent Management of Personal Information (APP 1)

We manage personal information openly and keep this policy current and free to access on our website. To do this, we:

• use practices, procedures and systems designed to comply with the APPs
• give our people and contractors access to personal information only as their role needs
• review our privacy practices when we change the Platform or our service providers
• deal with privacy enquiries and complaints as set out in this policy

You can ask us for a copy of this policy in another form by contacting us (see Complaints and Contact).

2. Anonymity and Pseudonymity (APP 2)

You can make general enquiries without identifying yourself or by using a pseudonym.

To create an account, post or apply for projects, or enter an engagement, we need your real name and contact details. Those dealings involve identified people and legally binding documents, so anonymity is not practicable.

3. Collection of Solicited Personal Information (APP 3)

We only collect personal information that is reasonably necessary for the Platform and our business. The Platform is for people aged 18 or over.

What we collect

Depending on how you use the Platform, this may include:

• Identity and contact details: name, email address, phone number, address, date of birth, photo and login details
• Profile information: skills, experience, employment, qualifications, portfolio, links, roles and location
• Company information: details of companies you are involved with, including their directors, shareholders, capital, metrics and documents
• Engagement records: projects, applications, offers, milestones, deal terms, agreements, signatures, registers, statements, reviews and ratings
• Messages and content: messages, files, videos, posts and other content you share on the Platform
• Identity verification information: if you choose to verify your identity, details from your identity documents, facial images and the verification result
• Payment information: billing details for any paid features (our payment provider holds full card details)
• Technical and usage information: device and browser details, IP address, approximate location, pages viewed, links clicked, searches, and recordings of your sessions on the Platform, including content shown or entered on screen
• Communications: support requests, feedback and other correspondence with us

How we collect it

We mostly collect personal information directly from you, when you sign up, complete your profile, use the Platform or contact us. We also collect some information automatically, using cookies, similar technologies and analytics tools.

Collection from third parties

We may also collect personal information about you from:

• other members, such as founders, experts or company administrators who add you to a company, project or engagement, or who review you
• identity verification providers
• public registers, such as the Australian Business Register and ASIC
• services you choose to connect, such as an account you use to import files
• publicly available sources, such as company websites and public professional profiles

Sensitive information

We only collect sensitive information, such as biometric information used for identity verification, with your consent or where the law allows. We don’t ask for health, religious, political or similar information. Please don’t include it in your profile or content.

4. Dealing with Unsolicited Personal Information (APP 4)

If we receive personal information we did not ask for, we decide within a reasonable time whether we could have collected it under APP 3.

If we could not have, we destroy or de-identify it as soon as practicable, where lawful and reasonable. Otherwise, we handle it under this policy.

5. Notification of Collection (APP 5)

When we collect personal information, or as soon as practicable afterwards, we take reasonable steps to tell you:

• who we are and how to contact us
• how we collected it, if it did not come from you
• why we are collecting it
• whether a law requires us to collect it
• what happens if you don’t provide it
• who we usually disclose it to, including any overseas recipients and their likely countries
• how you can access or correct it, or make a complaint

We usually do this through this policy, our Terms of Use and notices on the Platform where you provide the information. If you don’t provide information we ask for, we may not be able to create your account or provide some features.

6. Use or Disclosure of Personal Information (APP 6)

We use and disclose personal information for the purpose we collected it. We only use it for another purpose if you consent, you would reasonably expect it, or the law requires or allows it.

Primary purposes

• create, secure and manage your account
• run the Platform, including showing profiles, connecting founders, experts and investors, and managing projects, applications and engagements
• verify identities and company details
• prepare, sign and keep agreements, registers and statements
• provide paid features and process payments
• respond to support requests and complaints

Secondary purposes

• keep the Platform safe, including preventing fraud, misuse and security incidents, and moderating content with automated and AI tools
• understand how the Platform is used and improve it, using aggregated or de-identified information where practicable
• send service messages and, subject to APP 7, information about features and events
• meet legal obligations, enforce our terms and resolve disputes

Who we disclose it to

• Other members: registered members can see profiles, posts and public reviews. The parties to an engagement see the information needed for it.
• Service providers: businesses that help us run the Platform, such as hosting, database and storage, email, analytics, identity verification, AI, document processing, video, mapping, payments and support providers. They may only use personal information to provide services to us.
• People you ask us to connect you with: for example, valuation or legal service providers.
• Our professional advisers, insurers and auditors.
• A buyer or successor of our business: under confidentiality.
• Regulators, courts and law enforcement: where required or authorised by law.

We do not sell personal information.

7. Direct Marketing (APP 7)

We may use your contact details to send you information about GetSweaty features, events and related content, by email or Platform notification. Each marketing message includes a simple way to opt out, and you can also opt out at any time by contacting us.

We still send service messages about your account, your engagements and changes to our terms. We don’t give your contact details to anyone else for their own marketing. We comply with the Spam Act 2003 (Cth).

8. Cross-border Disclosure of Personal Information (APP 8)

Many of our service providers store or process personal information outside Australia. These recipients are likely to be in the United States and the European Union, and may be in other countries where our providers operate.

Before we disclose personal information overseas, we take reasonable steps to make sure the recipient handles it consistently with the APPs, usually through contract terms. Members you choose to deal with on the Platform may also be located overseas.

9. Adoption, Use or Disclosure of Government Related Identifiers (APP 9)

We do not use government related identifiers, such as tax file numbers, driver licence or passport numbers, as our own identifier for you. We only use or disclose them where reasonably necessary to verify your identity, or where required or authorised by law.

If we collect a tax file number, we handle it under the Privacy (Tax File Number) Rule 2015 and only use it for the tax purpose it was collected for.

10. Quality of Personal Information (APP 10)

We take reasonable steps to make sure the personal information we collect, use and disclose is accurate, up to date, complete and relevant.

You can update most of your details in your account at any time. Please keep your profile and company details current.

11. Security of Personal Information (APP 11)

We take reasonable steps to protect personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.

Security measures

• encryption of personal information in transit and at rest
• access controls, so members and our people only see what they are permitted to
• limiting staff and contractor access to what their role needs
• security monitoring, logging and bot protection
• using reputable service providers with their own security controls

No system is completely secure, so we cannot guarantee the security of information sent over the internet.

Data breaches

If we become aware of a data breach, we act quickly to contain and assess it. If it is likely to result in serious harm, we notify the affected individuals and the Office of the Australian Information Commissioner (OAIC), following the Notifiable Data Breaches scheme.

Retention, destruction and de-identification

We keep personal information only as long as we need it for the purposes in this policy, including legal, tax and dispute resolution needs. Records of agreements and engagements may be kept for at least seven years after an engagement ends. When we no longer need personal information, we take reasonable steps to destroy or de-identify it.

If you close your account, we remove your profile from view. Other parties to your engagements keep access to the records they are entitled to.

Cookies and similar technologies

We use cookies and similar technologies to keep you signed in, secure the Platform, remember your preferences and understand how the Platform is used. Our analytics tools record pages viewed, links clicked and sessions on the Platform, including content shown or entered on screen. Blocking essential cookies may stop the Platform working.

12. Access to Personal Information (APP 12)

You can ask for access to the personal information we hold about you by contacting us. We respond within a reasonable period, usually 30 days, and we don’t charge you for making a request.

We may refuse access where the APPs allow, for example where it would unreasonably affect someone else’s privacy or relates to a legal dispute. If we refuse, we tell you why in writing and how you can complain.

13. Correction of Personal Information (APP 13)

If personal information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can correct most of it in your account or ask us to correct it. We respond within a reasonable period, usually 30 days. If we have disclosed the information to others, you can ask us to tell them about the correction.

We cannot change signed agreements or records another party is entitled to keep. If we refuse a correction, we tell you why in writing, and you can ask us to attach a statement to the record.

Complaints and Contact

How to contact us

Privacy Officer, GetSweaty Pty Ltd (ACN 692 477 393)

Email: privacy@getsweaty.com

Complaint process

If you think we have breached the APPs or this policy, email us with the details. We will:

1. acknowledge your complaint within 7 days
2. investigate it
3. respond within 30 days, or tell you if we need longer and why

If you are not satisfied with our response, you may be able to complain to the OAIC at www.oaic.gov.au or on 1300 363 992.

Changes to This Privacy Policy

We may update this policy from time to time, including when we change the Platform. We publish the current version on our website with the date it takes effect. We tell members about material changes by email or on the Platform before they take effect.