Affiliate means in relation to an entity, a subsidiary or a holding company of that entity, or any subsidiary of the holding company and all of its subsidiaries;

AML/CFT Laws means any Applicable Law concerning anti-money laundering, countering the financing of terrorism, countering the financing of proliferation of weapons of mass destruction and which impose KnowYour-Customer (KYC), Customer Due Diligence (CDD) obligations or other procedures for the mitigation of financial crimes;

Applicable Laws means all laws in force and effect as of the date hereof and which may be enacted or brought into force and effect hereinafter in the applicable Territory, including statutes, rules, regulations, directions, bye-laws, notifications, ordinances and judgments having force of law, or any final interpretation by a court of law having jurisdiction over the matter in question as may be in force and effect during the subsistence of this Privacy Policy;

Cookies means a small data file that is transferred to Your computer or mobile device to enable us remember Your account log-in information, IP addresses, web traffic, number of times You visit, browser type and version, device details, date and time of visits;

Data Controller means Sharperly Pty Ltd t/as Sharperly, which determines the purposes and means of processing personal data;

Data Protection Authority means the Australian Privacy Principles (APP), or any other relevant authority relating to privacy or data protection in the territory and the territory of its Affiliates;

Data Protection Legislation means the Privacy Act 1988 (Cth), and all other applicable legislation relating to privacy or data protection in the territory and the territory of its Affiliates;

Data Subject means a living, identified or identifiable individual about whom We hold Personal Data. Data Subjects may be nationals or residents of any country and may have legal rights regarding their Personal Data;

Personal Data means any information that can be used to identify a living person including Identity Data such as Your full name and government issued identification number, Contact Data such as contact and email address, Financial Data such as credit or debit card information, bank account number, etc., taxpayer identification, it may also include anonymous information that is linked to You, for example, Your internet protocol (IP), log-in information, address, location, device or transaction data and/or such other data personally identifiable to You as specified in this Privacy Policy;

Platform means the computer equipment, website, mobile application, network, software and API that are proprietary or licensed to Sharperly or its Affiliates from time to time and utilised by Sharperly to provide the Services;

Privacy Policy means this privacy policy;

Sensitive Personal Data means personal data relating to Your genetic and biometric data, race or ethnic origin, religious or similar beliefs, health status, sex life, political opinions or affiliations, or trade union membership;

Services means the goods, products and services provided by Us;

Territory means the location of the User whether Australia (as may be applicable); and

User or You or Your means anybody who uses or accesses Our Platform or Services.

This privacy policy and any additional Privacy Policy together with our Terms and Conditions applies to Your use of:

• This Site;
• Any of the Services that are available on this Site or other sites of Ours.

Under all relevant data protection laws, treaties and conventions, we are mandated to provide you with certain information about how we process your personal data and for what purposes and reasons we so do, and your rights with respect to your personal data, and the measures We take to protect the security of the data in relation to the Services. These information are provided in the succeeding paragraph of this Policy, and it is imperative that you read them.

By using Our services, You automatically consent to the collection, use, processing, and sharing of Your Personal Data which shall include your full name, contact details, proprietary, financial and device information as outlined in this privacy policy. We will only collect and process Your Personal Data for the specific purposes stated in this Policy, such as providing You with Our services or communicating with You about Our products and promotions. We will not share Your Personal Data with third parties without Your explicit consent, except in cases where We are legally required to do so. Alternatively, We collect and process Your Personal Data in the context of our recruitment process for employees and contractors.

You have the right to withdraw Your consent at any time by contacting us. Please note that withdrawing Your consent may impact Our ability to provide You with Our services. Also note that, subsequent withdrawal of Your consent will not affect the lawfulness of Personal Data earlier obtained with consent.

We collect Personal Data from the following:

• Identity and Profile Data.
• Contact Data.
• Financial and Transactional Data.
• Device Data.
• Content and Usage Data.
• Marketing and Communications Data.
• Location and site Data
• Insolvency services.

It is important that the Personal Data We hold about You is accurate and current. Please keep us informed if Your Personal Data changes during Your relationship with us.

Sharperly focuses on the following core principles:

1. Identity and Profile Data.
2. Contact Data.
3. Financial and Transactional Data.
4. Device Data.
5. Content and Usage Data.
6. Marketing and Communications Data.
7. Location and site Data
8. Insolvency services.

You have the right:

• To access the information that We have on You. We will make sure to provide You with a copy of the Personal Data We process about You. In order to comply with Your request, We may ask You to give us some additional information that We will use to verify Your identity. If You fail to provide such information or if the information that You have already given to us is not enough to identify You, We may refuse to provide You with the information upon contacting us.
• To have a copy of Your Personal Data in an electronic format provided such data would not impose unreasonable costs on us.
• To have Your Personal Data corrected or deleted where correction is not feasible or suitable, for example, if it is incomplete, out of date or inaccurate.
• To opt out or unsubscribe from receiving marketing campaign communications at any time. If You register on the Platform, Your Personal Data will be stored in Our CRM system. If You have unsubscribed or opted out, your contact details will remain on Our opt-out list to ensure we do not inadvertently contact You in the future and Your Personal Data will be erased completely.
• To be provided with relevant information if We need to further process Your Personal Data other than the reasons for its collection.
• To have your Personal Data erased without undue delay.
• To disapprove the processing of Personal Data or request obliteration of Personal Data (in certain circumstances and subject to Data Protection Legislation). These circumstances occur in the event where the Personal Data is no longer necessary for the purpose it was collected or processed, or You withdraw your consent, or if you object to the processing and there are no overriding legitimate grounds, if the Personal Data was unlawfully processed, and if erasure is required to comply with Applicable Laws.
• To obtain without constraint or unreasonable delay, Our confirmation that We are storing or processing Your Personal Data and the purpose of the processing, the categories of Personal Data concerned, the recipient(s) to whom the personal data has been or will be disclosed and the retention period.
• Where You have provided Personal Data voluntarily, or otherwise consented to its use, You have the right to withdraw Your consent. Such withdrawal does not affect the lawfulness of processing of Your Personal Data up to that time.
• You have the right to complain to a Data Protection Authority or refer the matter to a court of competent jurisdiction where the need arises.

We will collect the following data about you:

• Information you give us:This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you consent to giving us about you by filling in forms on this Site, or by corresponding with us (for example, by email or chat). It includes information you provide when you use, download or register on this Site, subscribe to any of our Services, and when you report on our Site. If you contact us, we will keep a record of that correspondence.
• Information we collect about you and your device:Each time you visit Our website we will automatically collect personal data including Device type, Content and Usage Data. We collect this data using cookies and other similar technologies.
• Location Data:We collect Personal Data automatically from You such as Your IP address, geographic location such as the country and city, last activity time on Our website, browser and OS. We use these details for tracking purposes to improve the quality of Our website to the visitors. This information will be collected using cookies and other tracking technology. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
• Information we receive from other sources including third parties and publicly available sources:We may also collect and process Personal Data about You from other sources such as Data Analytics Service Providers, Advertising Networks, and Search Information Providers, including publicly available databases and combine these Personal Data with Personal Data We already have about You, this helps us to update, expand and analyse Our records and provide services that may be of interest to You.

For detailed information on cookies and other tracking technology as well as how we use them, see our Cookie Policy.

We process Your Personal Data to:

• Authenticate Your identity and prevent unauthorized access to restricted data.
• To manage Our website.
• To analyse Users data on Our website.
• To develop a business relationship with Our Users.
• To provide You with relevant information of Our products and services.
• To provide necessary updates and news to Our Users.
• To monitor and enforce compliance.
• To conduct data analysis.
• To understand how visitors, use the various aspects of Our site.
• Any other purpose for which You have provided the Personal Data.

We do not process Sensitive Personal Data unless on the following bases:

• With Your explicit consent
• For performing the obligations or exercising Your rights under employment or social security laws;
• Where necessary to protect Your vital interests or another person where You cannot give consent
• Where necessary for the establishment or exercise of a defence
• Where necessary for reasons of substantial public interest based on an Applicable Law and proportionate to the aim or purposes pursued
• Where necessary for reasons of public health, and We will provide suitable measures to safeguard Your fundamental rights and freedoms
• For purposes of medical care or community welfare
• Where necessary for historical, statistical or scientific research based on an Applicable Law and proportionate to the aim or purposes pursued.

We may also collect, store, use and transfer non-Personal Data or anonymized data such as statistical or demographic data. Anonymized data could include Your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal Your identity. For example, We may aggregate Your usage data to calculate the percentage of users accessing a specific website feature. However, if We combine or connect aggregated data to include Your Personal Data so that it can directly or indirectly identify You, We treat the combined data as Personal Data, which will be subject to the terms of this Privacy Policy and the Data Protection Legislation.

We only use Your Personal Data for a specific purpose; and before We do, We must have a legal reason. For example, when it is necessary for us to perform a Know-Your-Customer (KYC) and Customer Due Diligence (CDD) for Our legitimate interest, where You have given us Your consent, or to fulfil any other legal obligations. These are all known as the “legal or lawful basis for processing”.

The legal or lawful basis We rely on for processing Your Personal Data by using Our Services:

Your consent: Where You agree to us collecting Your Personal Data by using Our Services.

With Your consent, We may send marketing and promotional communications by email, SMS and push notifications (depending on Your choice of contact). For more information, please see the Marketing section of this policy;

We may send targeted marketing about Our services on third-party online services such as Google, Instagram and Facebook if We believe that You are likely to be interested in using Our services based on Your profile. Your consent to receive targeted adverts would have been obtained by these third parties on Our behalf;

We have a contractual obligation: Where it is required to perform the contract We are about to enter into or have entered into with You.

We have a legal obligation: To ensure We are fully compliant with all Applicable Laws including AML/CFT Laws, We must collect and store Your Personal Data.

We have a legitimate interest: We may also collect Your Personal Data where We have a legitimate interest to do so which shall be compatible with other lawful basis, provided that Your rights do not override such interests. We want to emphasize that an interest shall not qualify as legitimate if You would not have reasonably expected your personal data to be processed in the manner processed.

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about You. We do not control these third-party websites and are not responsible for their privacy statements. When You leave Our website, We encourage You to read the privacy policy of every website You visit.

We handover or divulge the Personal Data We collect from You to third-parties such as legal advisors, professional advisors, such as law firms, tax advisors or auditors, insurers, tax and customs, regulatory bodies, stock exchange authorities, providers of identity verification services, credit reference agencies, law enforcement agencies, government agencies, third-party service providers that provide, run and support Our IT infrastructure (such as CRM solutions, identity management, hosting, data analysis, back-up, security and cloud storage services) and for the storage and secure disposal of Our hard copy files.

We may only share Your Personal Data with external third parties in the following limited circumstances:

If Sharperly becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, We will provide notice before Personal Data is transferred and becomes subject to a different Privacy Policy.

We ensure your personal data is protected by requiring all our group companies to follow the same rules when processing your personal data. These rules are called "Binding Corporate Rules".

Whenever we transfer your personal data out of Australia, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data similar to the provisions of the Privacy Act 1988 (Cth) and Australian Privacy Principles (APP)
• Where we use certain service providers, we may use specific contracts approved by the government of the country of such service provider, which give personal data the same protection it has in Australia.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of Australia.

Sharperly places a strong emphasis on maintaining the confidentiality of all information obtained during a designated period of business operations. To achieve this, access to this Personal Data is restricted to only authorized personnel, and stringent guidelines and procedures are established to safeguard against any loss, misuse, or unauthorized disclosure of the Personal Data. Our commitment to ensuring the confidentiality of Your Personal Data is paramount, and We take all necessary measures to protect the integrity and privacy of Our clients' Personal Data.

Sharperly maintains the accuracy of the Personal Data in Our custody. It is essential that You inform us of any updates to Your contact details or other Personal Data so that We have the most up-to-date information about You. We may also ask for additional details to update Your Personal Data if the need arises.

We shall only retain Your Personal Data for as long as it is required for the purposes described in the section “Purposes for which We process Personal Data”, To meet Our professional and legal requirements, accounting and reporting obligations, to establish, exercise or defend Our legal rights, for archiving and historical purposes or if We suspect a potential litigation in respect of Our relationship with You,

To determine the appropriate retention period for Personal Data, We consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of Your Personal Data, the purposes for which We process Your Personal Data and whether We can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. Where We retain Your Personal Data, We do so in compliance with limitation periods under Applicable Laws.

We have put in place, a data breach protocol to address incidents that involve accidental or unlawful destruction, loss, alteration, unauthorized access or disclosure of Personal Data that is transmitted, stored, or processed.

We will investigate any reported breach to determine its veracity and the necessary steps to manage it. Additionally, We will also notify You and other relevant authorities promptly in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APP).

By submitting Your information, You consent to the use of that information as set out in this Privacy Policy. Sharperly reviews its Privacy Policy and strive towards making it better and it is in this regard that We reserve the right to amend this Privacy Policy occasionally. If We make any changes in the way We retrieve and share Personal Data, You will be notified of the changes on Our website.

We will not reduce any of Your rights stated in this Privacy Policy without asking for explicit prior consent to the changes. It is advisable to check this page occasionally to be enlightened about any changes in this privacy notice

If You have any complaints regarding this Privacy Policy, please send an email to the Complaints Manager at complaints@sharperly.com. We will investigate and work on resolutions for complaints and disputes regarding use and disclosure of Personal Information within reasonable time in accordance with this Privacy Policy and with applicable data protection laws.

All access requests, questions, comments, and other requests regarding this Privacy Policy should be made by emailing the Data Protection Officer at privacy@sharperly.com.

We may request additional details from You regarding Your complaints and keep records of Your requests and resolution.