1.1 This Privacy Policy relates to how Free Folk Agency Pty Ltd (ABN 94 631 794 593) T/A Steady Ground Communications (Company) handles, collects, stores, discloses and keeps secure your Personal Information and Sensitive Information.

1.2 This Privacy Policy is provided in addition to and is to be read in conjunction with the Terms and Conditions.

1.3 This statement is available on the Company’s website (freefolkagency.com) as amended from time to time.

2. Definitions

In this Privacy Policy including the Background unless the context otherwise requires:

2.1 Direct Marketing means the use of Personal Information to communicate directly with an individual to promote goods and services of the Company.

2.2 Hashed Information means as defined in clause 7.1.

2.3 Personal Information means personal information as defined under the Privacy Act and including reasonably identifiable Hashed Information.

2.4 Privacy Act means Privacy Act 1988 (Cth) as amended from time to time or any subsequent legislation.

2.5 Sensitive Information means sensitive information as defined under the Privacy Act.

2.6 Terms and Conditions means the terms and conditions of the Company published on the Company’s website as amended from time to time.

2.7 Complaints Handling Policy means the complaints handling policy of the Company published on the Company’s website as amended from time to time.

3. Acknowledgement and Consent

In providing your Personal Information and Sensitive Information to the Company, through any means, you acknowledge you have read this Privacy Policy and understand how the Company will handle your Personal Information and Sensitive Information, and that the Company will handle your Personal Information and Sensitive Information in accordance with this Privacy Policy unless you expressly state to the Company that you do not consent to its practices.

You understand that this acknowledgement and consent will be current and may be relied upon by the Company until you expressly inform the Company that you no longer consent to it handling your Personal Information and Sensitive Information.

4. Updates to this Privacy Policy

The Company may make changes to this Privacy Policy from time to time. If the Company makes changes to this Privacy Policy, an updated version of this Privacy Policy will be published on the Company’s website. Changes will take effect from the date shown on the date the updated privacy policy is published.

5. Clients and Customers of the Company

5.1 The Company may from time to time collect or receive the Personal Information and Sensitive Information of persons under the age of eighteen (18) years of age but only where this is for the purpose of:

5.1.1 the Company providing its services to the relevant person under the age of eighteen (18); or

5.1.2 the furtherance of a service you provide to the Company or to a client or third party associated with the Company.

5.2 In addition to the Acknowledgement and Consent provision of this Privacy Policy outlined under clause 3, the parent or legal guardian of the relevant person under the age of eighteen (18) years of age must sign a waiver and consent in the form presented by the Company whereby the parent or legal guardian acknowledge and agree that the Company may receipt the persons Personal Information and Sensitive Information and that it will be handled in accordance with this Privacy Policy and the Privacy Act.

5.3 Where the parent, legal guardian or person under the age of eighteen (18) no longer consents to the Company holding and using its Personal Information and Sensitive Information, they must notify the Company in writing.

5.4 Unless and until the notice referred to in clause 5.3 is provided to the Company, the parent or legal guardian’s consent for and on behalf of the person under the age of eighteen (18) will be current.

6. Collection of Personal Information and Sensitive Information

6.1 The Company may collect your Personal Information and Sensitive Information directly from you or from what you disclose both intentionally or inadvertently to the Company (e.g. through internal Company platforms or through external engagement with the Company such as social media accounts).

6.2 The type of Personal Information and Sensitive Information the Company may collect from you is dependent on the nature of the interaction you have with the Company. Interactions in which the Company may collect your Personal Information or Sensitive Information include but are not limited to:

6.2.1 you contacting the Company;

6.2.2 you subscribing to the Company mailing list;

6.2.3 you interacting with the Company website or any other electronic platform of the Company;

6.2.4 you applying for or being engaged in an employment or contracting role within or associated with the Company including but not limited to agent relationships where the Company provides its services to facilitate a transaction between you and a third party where that transaction is within the scope of the services you have agreed to receive from the Company;

6.2.5 the Company interacting with third parties such as other talent or recruitment agencies where the disclosure of your Personal Information and Sensitive Information is lawful and you have given permission for the third party to make the disclosure; and

6.2.6 through forms hosted on other platforms which include but are not limited to:

(a) lead forms;

(b) competition entries; and

6.2.7 The other platform in which you provide this Personal and Sensitive Information is not governed by this Privacy Policy.

6.3 The Company may also collect your Personal Information and Sensitive Information from third parties which may include but is not limited to:

6.3.1 publicly available sources;

6.3.2 government agencies;

6.3.3 marketing lists or audience data lists acquired from third parties, only where the third party confirms that they were told that your Personal and Sensitive Information may be shared;

6.3.4 from the referees and/or employers that you nominate;

6.3.5 from media and influencer databases that the Company subscribes to (for example Telum and Fabulate) which compile the details of journalists and creators from publicly-available sources and from the individuals themselves;

6.3.6 referrers and business parties to the Company such as other talent agencies; and / or

6.3.7 any authorised representative or agent of yourself.

7. Hashed Information collection and creation

7.1 The Company may also collect, store and create both through your intentional or inadvertent disclosure, your pseudonymised or encoded information (Hashed Information) about you and your use of the Company’s website and other platforms.

7.2 Examples of this Hashed Information collected or created by the Company may include but is not limited to:

7.2.1 the use of Company website cookies;

7.2.2 browsing habits; and

7.2.3 the use of domain names linked to the Company.

7.3 In accordance with the Privacy Act, regulatory authority guidelines and principles the Company acknowledges that this Hashed Information may be regarded as reasonably identifiable to you which makes it Personal Information.

7.4 Therefore, where the Company receipts Hashed Information which may be reasonably identifiable to a person, it will handle such information in accordance with this Policy, the Privacy Act and other regulatory guidelines and principles.

7.5 Any supply of your Hashed Information to the Company may be receipted by the Company and where it is, the Company may, in accordance with this Policy, the Privacy Act and other regulatory guidelines and principles, utilise the Hashed Information at its discretion for any lawful purpose.

8. Storage of Personal Information and Sensitive Information

8.1 If the Company comes into intentional and known receipt of your Personal Information and Sensitive Information, of which the Company has requested, it will securely store this Personal Information and Sensitive Information in a database which is utilised for processing your enquiries, information and feedback.

8.2 The Company may also, where it deems reasonably necessary, store your Personal Information or Sensitive Information in communication (e.g. email or SMS) or customer relationship management databases and systems for marketing and service-provision purposes.

8.3 These storage databases and systems allow the Company to provide, and market, its products and services to you and may be internal within the Company, or they may be external being both local (within Australia) or international. The location of such databases and their backups depend on how you interact with the Company, which services the Company is providing, and any contract to which the Company is a party.

8.4 Where possible, the Company always opts to store your data within Australia but this cannot be guaranteed. When not possible, our goal is to store your data in a location that offers similar or robust privacy protections. The ability for us to control where the data is stored and backed up is dependent on the provider or host of the database or system.

8.5 The Company will take all reasonable steps to ensure that your Personal Information and Sensitive Information is secured in a protected and controlled facility and where such Personal Information or Sensitive Information is stored externally the Company will conduct risk-analysis assessments on the type of data, data location, and any third-party providers policies, procedures, and systems before committing to an individual provider..

8.6 Despite the Company’s continued commitment to take all reasonable steps to ensure your Personal Information and Sensitive Information is securely stored, it cannot guarantee that your Personal Information and Sensitive Information is free from any security risk.

8.7 The Company does not warrant to you that your Personal Information or Sensitive Information will be free from any security risk and that your disclosure of your Personal Information or Sensitive Information or your use of the Company’s website or other platforms (both electronic and physical) is at your own risk.

8.8 The Company will only store your Personal Information and Sensitive Information so long as it has;

8.8.1 requested this Personal Information and Sensitive Information from you; and

8.8.2 it has come into knowing receipt of the Personal Information and Sensitive Information.

9. Use of your Personal Information and Sensitive Information

9.1 The Company may use your Personal Information or Sensitive Information for any lawful purpose, at the sole discretion of the Company. These uses may include but are not limited to:

9.1.1 to provide information, products and services to you;

9.1.2 to administer and manage services and products;

9.1.3 to maintain relationships with suppliers, contractors, or any other third party or service provider of the Company;

9.1.4 to verify your identity;

9.1.5 to maintain and update Company records;

9.1.6 to develop new and/ or improved services or to perform analytics on the Company and its performance;

9.1.7 for market research and survey; and

9.1.8 for any other lawful purpose to which the Company deems reasonably necessary.

9.2 The Company may also use your Personal Information for the purposes of Direct Marketing but only where the Personal Information has been collected directly from you and where an individual would reasonably expect their Personal Information to be used for the purposes of Direct Marketing and you have not opted out of this in the manner described in clause 9.3. The Company may also use your Personal Information for the purposes of Direct Marketing where an exception applies in accordance with the Privacy Act or other regulatory authorities or guidelines.

9.3 You acknowledge that in your initial consultations with the Company you have been provided with an option to opt out from your Personal Information being used for Direct Marketing and that if selected by you, your Personal Information will not be used for Direct Marketing purposes.

9.4 If you disclose your Personal Information to the Company, without request by the Company, or you do not opt out in accordance with clause 9.3, the Company may use your Personal Information for Direct Marketing purposes.

10. Personal Information and Sensitive Information Retention and Destruction

10.1 In instances where the Company no longer requires your Personal Information or Sensitive Information for the purpose in which it was requested by the Company and disclosed by you, it will take reasonable steps to destroy and de-identify your Personal Information and Sensitive Information. Such measures being at the sole discretion of the Company and dependent on the type of information disclosed by you.

10.2 In instances where you disclose Personal Information or Sensitive Information to the Company which has not been requested by the Company, the Company will take reasonable steps to destroy or permanently de-identify you from this information but cannot guarantee that this will occur given that the Company may have no record of your engagement with the Company. Therefore, you provide any and all Personal Information and Sensitive Information at your own risk.

11. Disclosure of your Personal Information and Sensitive Information

11.1 The Company may, where it is reasonable and allowed to, disclose your Personal Information and Sensitive Information to:

11.1.1 Company employees, consultants, contractors or other representatives;

11.1.2 related bodies of the Company;

11.1.3 payment processors;

11.1.4 professional advisors such as bankers, solicitors, business advisors and auditors;

11.1.5 service providers to the Company;

11.1.6 government agencies or regulatory bodies; and

11.1.7 any other party including third parties as set out in clause 12 of this Privacy Policy.

11.2 The Company may also be required to disclose your Personal Information and Sensitive Information to comply with legislative and regulatory requirements or as otherwise required or permitted by law.

12. Disclosure to Third Parties

12.1 Where you intentionally or inadvertently disclose your Personal Information or Sensitive Information to the Company, the Company may lawfully disclose this Personal Information and Sensitive Information to third parties which the Company engages within a professional capacity.

12.2 Any disclosure of your Personal Information or Sensitive Information to a third party is at the sole decision of the Company and by providing the Company with your Personal Information and Sensitive Information you acknowledge that such disclosures to third parties may occur.

12.3 Third parties to whom your Personal Information and Sensitive Information is disclosed to may include but is not limited to business partners, service providers, their directors and agents and any other trusted third parties of the Company.

12.4 You acknowledge that the Company directly engages with numerous third parties as part of its day-to-day business where the disclosure of your Personal Information and Sensitive Information may occur.

12.5 In the event that your Personal Information or Sensitive Information is disclosed to a third party by the Company, the Company does not warrant that your Personal Information and Sensitive Information will be stored in a manner similar to the Company, nor whether it will be stored at all and that this is at the sole discretion of the third party and that this will be governed by their privacy policy or similar procedures (if any).

12.6 You acknowledge that if your Personal Information or Sensitive Information is disclosed to a third party, then that third party may access and utilise your Personal Information and Sensitive Information to perform the functions required by that third party.

12.7 International jurisdictions may have data protection laws that are not equivalent to Australian laws and you may not have the same right of enforcement as within Australia. To the extent that this is the case and the extent to which it is permitted by law, you agree to be bound by the laws and rights of the jurisdiction in which these providers and platforms are based.

12.8 If you do not consent to the Company supplying your Personal Information and Sensitive Information to a third party, this must be bought to the attention of the Company in writing and in a manner that would make the Company reasonably aware of your request.

13. Declining to Provide Personal Information and Sensitive Information

You acknowledge that you have the option of not identifying yourself when making enquiries with the Company (or you may use a pseudonym). However, in the event that you choose not to provide or you make it expressly clear to the Company that you no longer want your Personal Information or Sensitive Information held by the Company, the Company may not be able to provide you with the products or services of the Company or any third party.

14. Accessing and Correcting Personal Information and Sensitive Information

14.1 You may request access to your Personal Information and Sensitive Information held by the Company.

14.2 There is no fee for requesting your Personal Information or Sensitive Information, but there may be times that the Company charges a fee for the time taken to gather the Personal Information and Sensitive Information. If there are any fees associated with such a retrieval, the Company will provide you an estimate of these fees and only proceed with your express confirmation.

14.3 There are circumstances where the Company may refuse or limit access to the information that you have requested which include but are not limited to;

14.3.1 if the Company cannot verify your identity or locate the requested Personal or Sensitive Information;

14.3.2 the Company reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety;

14.3.3 giving access would have an unreasonable impact on the privacy of other individuals;

14.3.4 the request for access is frivolous or vexatious;

14.3.5 the information relates to existing or anticipated legal proceedings between the Company and you, and would not be accessible by the process of discovery in those proceedings;

14.3.6 giving access would reveal the Company’s intentions in relation to negotiations with you in such a way as to prejudice those negotiations;

14.3.7 giving access would be unlawful;

14.3.8 denying access is required or authorised under an Australian law or a court or tribunal order;

14.3.9 the Company has reason to suspect that unlawful activity, or misconduct of a serious nature, that could impact the Company’s functions or activities has been, is being or may be engaged in and giving access would likely prejudice the Company taking appropriate action in relation to the matter;

14.3.10 giving access would be likely to prejudice one or more enforcement related activities by, or on behalf of, an enforcement body; or

14.3.11 giving access would reveal evaluative information generated within the Company in connection with a commercially-sensitive decision-making process.

14.4 If at any time you believe that the Company’s record of your Personal Information or Sensitive Information is incorrect, you may request us to correct it by contacting the Company through the contact details contained within clause 15 of this Privacy Policy.

14.5 In the usual course of business, the Company will respond to requests within 30 days of receipt.

15. Contact and Complaints

For further information about the Company and for any queries or complaints relating to the Company, the Privacy Policy or the Terms and Conditions please contact the Company at the following contact information:

Postal Address: GPO Box 1397 BRISBANE QLD 4001

Email: privacy@freefolkagency.com

Please address complaints to “The Data Privacy Officer – Steady Ground Communications”.

Complaints will be handled in accordance with our Complaints Handling Policy. The Office of the Australian Information Commissioner (OAIC) also publishes guidance on privacy complaints on their website (oaic.gov.au).

16. Platforms

For security and commercial confidentiality reasons, the Company cannot disclose every platform or service that the Company uses or how they are used. However, in the interest of transparency, you can find the details of platforms mentioned in this policy and a link to their relevant privacy policy below.

Platform

Beehiv

https://www.beehiiv.com/privacy

Fabulate

https://fabulate.com.au/privacy

Google

https://policies.google.com/privacy

https://www.linkedin.com/legal/privacy-policy