1.1. Our Web Portal means the web portal where users of the ‘Thundering Herd forum’ for subscribers to the site to advertise an interest to purchase or sell securities and managed investment scheme interests;
1.2. We, Us, Our means Thundering Herd Pty Ltd (ACN 603 726 085) ; and
1.3. You, Yourself, Your means any person or entity using, or intending to use, the Our Web Portal.
2. What is Personal Information?
2.2. Information which cannot be reasonably linked to Your identity (e.g. IP address, browser information, favourite websites, the number of users of a website, or Global Positioning System location data) does not constitute Personal Information and is not regulated by the Privacy Act.
3. What Personal Information do We collect?
3.1. We may collect information about You when You subscribe to or when You use the Our Web Portal.
3.2. We may collect the following information:
(a) Your name, age, email address, mailing address, phone number, and mobile phone number;
(b) Your user ID and passwords relevant to the Our Web Portal;
(c) copies of Your identification details such as passport, drivers licence, utilities accounts, for anti-money laundering / counter terrorism identification requirements;
(d) bankruptcy details;
(e) Your financial information, such as Your bank account or credit card details (as required) ;
(f) Your tax file number;
(g) shareholding entity details; and
(h) any other Personal Information You provide to Us for the Our Web Portal.
Providing Us with such information is completely voluntary and You are entirely free to decide whether or not to supply this information. However, if complete and accurate information is not provided to us, You may not be able to access or use some or all of our Web Portal.
3.3. When visiting or accessing the Our Web Portal online, We may also collect and store the following details:
(a) IP address from which You access the Our Web Portal;
(b) the date and time You access the Our Web Portal;
(c) any third party website from which You accessed the Our Web Portal;
(d) statistics on page views, traffic to-and-from the Our Web Portal; and
(e) other transactional information about Your access to the Our Web Portal.
However, please note that the above information does not personally identify You. Our servers may use this information for security purposes, systems administration, to enforce compliance with our terms and conditions and to protect our products, services and website. We may also evaluate anonymous or de-identified data sets for statistical purposes.
4. How do We use Personal Information?
In addition to using Your Personal information to provide Our Web Portal to You or Your organisation, this information may be used:
4.1. to verify Your identity, respond to Your requests, and contact You when necessary;
4.2. to provide Our Web Portal to you;
4.3. to provide You with information or advertising about Our Web Portal;
4.4. for processing queries and applications You have made;
4.5. to provide You with information about other services that we may offer that may be of interest to You;
4.6. to provide You with news, information and marketing or promotional material in relation to the Our Web Portal, Our company or Our affiliates;
4.7. to monitor who is accessing the Our Web Portal;
4.8. to profile the type of people using the Our Web Portal;
4.9. to improve the Our Web Portal; and
4.10. as otherwise permitted by law.
5. To whom do We disclose Personal Information?
5.1. We may provide Your Personal information to:
(a) parties to whom You authorise us to disclose Your Personal Information to;
(b) Our affiliates, contractors and service providers, assisting Us in the provision of Our Web Portal to You, who may be located overseas, including, but not limited to, [please advise];
(c) government and regulatory authorities, as required or authorised by law; or
(d) other third parties as permitted by law.
5.3. However, notwithstanding the above, You acknowledge that by providing us with Your Personal Information and agreeing to the disclosure of Your Personal Information to third parties operating outside of Australia [please confirm whether this is applicable], we will no longer be required to take reasonable steps to ensure the overseas third parties' compliance with the Privacy Act and any applicable privacy laws in relation to Your Personal Information and we will not be liable to You for any breach of the Privacy Act by these overseas third parties on the basis that You consent to such disclosure.
6. Can I opt-out of providing Personal Information?
6.2. Notwithstanding paragraph 6.1, We may still use or disclose Your Personal Information if:
(a) We subsequently notify You of the intended disclosure and You do not object to that use or disclosure;
(b) We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
(c) to enforce Our terms and conditions;
(d) to protect Our rights;
(e) to protect the safety of members of the public and users of Our Web Portal; or
(f) We are required by law to disclose the information.
7. Can I opt-out of promotional and marketing content?
7.1. You may, at any time, elect to opt-out of receiving direct marketing and promotional communications by contacting Our Privacy Officer in accordance with paragraph 13 below or by any other simple means to opt-out We provide You. However, please note that some of Our services may include a direct marketing and promotional communications feature which cannot be removed and as such You may not be able to access or use some of the Our Web Portal if You elect to opt-out of all direct promotional and marketing communications.
7.2. Within Our Web Portal, You may elect to not receive future updates or notifications by selecting ‘Do not send me notification emails’ in Your user profile ‘Account Settings’. You may also elect not to receive future newsletters by selecting ‘Do not send me Thundering Herd newsletters in Your user profile ‘Account Settings’. All notification emails and Thundering Herd newsletters provide You with instructions for opting-out of these future communications.
8. Third Party Providers
8.1. For Your convenience, the Our Web Portal may contain links and pointers to advertisements, applications and internet sites maintained by external third party providers (“Third Party Providers”) . Some Third Party Providers’ websites can be accessed and viewed through the Our Web Portal whilst others may run independently.
Third Party Providers are not under Our control and We are not responsible for their content (including suitability for Your intended use) or any link contained in the Third Party Provider’s website. We do not endorse any information on Third Party Providers’ websites nor any associated organisation, product or services.
8.2. You are responsible for reading the privacy policies and/or practices associated with the Third Party Provider separately.
9.1. In accessing the Our Web Portal, We may also utilse “cookies” to enable Us to monitor traffic patterns and to serve You more efficiently.
10. Data Security
10.1. We will take all commercially reasonable steps to protect all Personal Information which We hold from misuse, loss and from unauthorised access, modification or disclosure. The security of our systems is regularly reviewed to ensure ongoing protection against damage, loss and/or unauthorised access. Our security precautions are regularly updated and improved in line with technical developments.
10.2. However, You should be aware that no data transmission over the internet can be guaranteed as completely secure. We do not warrant the security of any information You transmit to us over the internet, and You do so at Your own risk.
10.3. Please note that we may use overseas facilities to process, store or back up information. If You provide any Personal information to us, You also consent to the transfer by Us of Your information to Our overseas facilities for storage in [INSERT COUNTRIES]. However, this does not change any of Our commitments to safeguard
Your privacy to the standard required by the Privacy Act.
11. How can You access and correct Your Personal Information?
11.1. We encourage You to update Us regularly with Your Personal Information to ensure that the information that We hold about You is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information we hold about You at any time. We may request You to verify Your identity before processing Your request.
11.2. A fee will not apply to making a request for access to or to update Your Personal Information. However, a fee may apply and be charged for providing the information to You. The fee covers the cost to us in collating, copying and providing certain information to You.
11.3. In some circumstances where We correct a record, We may still require retention of the original record.
11.4. In some circumstances, We may refuse to provide You with access to or correct Your Personal Information including, but not limited to, where:
(a) giving access would have an unreasonable impact on the privacy of others;
(b) the information relates to existing or anticipated legal proceedings, and the information would not be discoverable in those proceedings;
(c) giving access would be unlawful;
(d) denying access is otherwise required or authorised by law; or
(e) the request for access is frivolous or vexatious.
11.5. If We refuse to provide You with access to or correct Your Personal Information, We will provide You with an explanation in writing.
11.6. If You wish to stop receiving any communications from Us or if You wish to have Your Personal information deleted, please let Us know by contacting Our Privacy Officer in accordance with paragraph 13 below and we will take all reasonable steps to delete it, unless we need to keep it for legal reasons.
11.7. Personal Information that is obsolete and no longer required will automatically be destroyed except where required for data analysis purposes. If it is used for such purposes, the Personal Information will be de-identified.
12. Making a complaint
12.1. In addition, if You have any concerns about how Your Personal information has been collected, used or disclosed, and You wish to make a complaint about a possible breach of privacy laws, You can contact Our Privacy Officer, as set out in paragraph 13 below.
12.2. The Privacy Officer will investigate Your concerns and take any necessary steps to resolve Your complaint. We may need to contact You if we need further information to investigate Your complaint and will advise You of the outcome of the investigation as soon as it is completed. We will endeavour to investigate and resolve Your complaint within 10 business days.
12.3. If You are not satisfied with the outcome of the investigation, You can contact us again to discuss Your concerns, or You may complain to the Office of the Australia Information Commissioner via www.oaic.gov.au.