Privacy

Legal version

SPUR LABS PTY LTD ACN 619 512 015, its subsidiaries, affiliates and related entities in Australia and overseas (together as “Mettlesome”, “we” or “us”) are committed to protecting and managing personal information in accordance with the Australian Privacy Principles (APPs) established under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with other applicable privacy laws.

The APPs provide a privacy protection framework that supports the rights and obligations of collecting, holding, using, accessing and correcting personal information. The APPs consist of 13 principle-based laws and apply equally to paper-based and digital environments.

This document is referred to as our Privacy Policy. It sets out our policies for managing your personal information, including how we collect, use, hold, store and disclose the information. In this Privacy Policy, “you”, “your” or “client” refers to any individual about whom we collect personal information.

Broadly speaking, when we are referring to personal information, we are referring to information or an opinion about you, or information that is reasonably recognisable as you. It includes information or an opinion that may or may not be accurate and recorded in a hardcopy or electronic form.

When we refer to sensitive information, we are referring to certain personal information that is more sensitive and may include health information and, in particular, mental health or details of memberships of professional associations. Under the APPs, sensitive information is afforded a higher level of privacy protection and requires us to obtain your consent before collecting this type of information.

This Privacy Policy applies to your personal information regardless of how we collect it from you. When you submit information to us, access or use our websites, mobile applications or social media platforms, you are providing your consent to us collecting and managing your personal information according to this Privacy Policy.

About Mettlesome

Mettlesome is a strategy, design and venture studio focused on positively affecting human actions and measuring the outcome. Mettlsome works with organisations and communities to create a fairer and more sustainable world.

Mettlesome offers its products and services through its websites (Websites), mobile applications downloadable through third-party platform providers (Apps) and related social media channels. Mettlesome may also conduct research and development initiatives and provide access to other service providers and applications.

Please contact us for a full list of the companies and businesses that comprise Mettlesome and that are subject to this Privacy Policy.

This policy is effective as of August 4, 2021. From time to time, we may need to change this Privacy Policy and will post the updated version on our website. Any such amendments will take effect immediately after such posting. Please check this Privacy Policy regularly for any updates.

What information do we collect about you?

When you enquire about our products and services or become a client of Mettlesome, a record is made that includes your personal information.

The types of information that we collect will vary depending on the circumstances of collection and the kind of product and/or service that you request from us, and may likely include:

• Contact Information & Personal Data: your name, date of birth, age, gender, address, email address, and telephone details.
• Sensitive Information: Mettlesome may collect information that is considered sensitive information. For example, mental or physical health information and sexual orientation.
• Payment Details: your credit card, bank account details, and billing information to complete purchases.
• Financial Details: your financial details and occupation, which may include budget information, wages/salary information, and general expenditure.
• Identification Documents: your driver's licence, passport or other photographic identification documents.
• Photographs & Videos: any pictures, videos, sound recordings and other audio-visual recordings that you provide to us or authorise us to take of you.
• Social Media Accounts & Handles: your social media accounts, handles, and other personal websites and profiles.
• Geo-Location & Locality Information: when you interact with us, we may collect your current or last known location used to determine your locality from other individuals. We may achieve this through various methods, including collecting your Wi-fi, Guidance Positioning System (GPS), Cellular or other technology in your electronic device or web browser.
• Cookies & Other Browser or Device Information: your session cookies and persistent cookies when you visit our Websites, your device type, browser type, Internet Protocol (IP) address, your URL information, the date and time (including time zone) of your visit, the pages you have accessed on our Websites and third party websites, your software and hardware information concerning your mobile device or computer. Cookies that we place may be removed by following instructions that are provided by your browser.
• Interaction & Behavioural Information: your interactions, use, habits, behaviours when dealing with us, our Websites and other applications.
• Employment Information: We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you. We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions (for example, positions that involve working with children).
• Other information: any other administrative and additional information that you provide to us, or authorise us to collect, as a part of your interaction with Mettlesome.

Mettlesome may collect personal information about other individuals who are not clients of spur:. This includes customers and members of the public who participate in events we are involved with, individual service providers and contractors to spur:, and other individuals who interact with us on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with spur:. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you.

If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.

You can always decline to give us your personal information, but that may mean that we cannot provide you with some or all of your requested products and services.

How and why do we collect and use your personal information?

Mettlesome collects personal information reasonably necessary to carry out our business, assess and manage our clients’ needs, and provide our products and services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you or third parties and managing client relationships.

Mettlesome generally collects personal information directly from you. We may collect your personal information over the phone, by email, through our Websites or mobile sites, over the internet or when you visit one of our social media sites (such as Facebook, Twitter or Instagram), through our mobile applications or when you visit our office in person.

We may also collect personal information about you from other sources, for example:

• an authorised person acting on your behalf;
• our affiliated and related entities;
• third-party agents, suppliers and contractors who assist us in operating our business;
• recruitment service providers and any referees provided on employment applications; and
• your family and friends through any marketing or promotional activity that we conduct.

We may receive information about you that we have taken no active step to collect. If this does occur, we recommend contacting us and asking for the personal information to be de-identified or destroyed.

The purposes for which Mettlesome usually collects and uses personal information depends on the nature of your interaction with us, but may include:

• communicating with you confirming your identity;
• responding to requests for information, complaints and enquiries;
• administrative, management and operational purposes;
• informing you about our business offerings, news, updates, direct marketing material, activities, facilities, services and events;
• managing, planning, advertising and administering programs, events, competitions and performances;
• researching, developing and expanding our facilities, products and services;
• recruitment processes (including for volunteers, internships and work experience);
• taking photographs, videos or other audio-visual recordings of you for testimonial, marketing or other promotional purposes;
• market research purposes and to improve our business offerings
• via mobile device applications, widgets and other interactive features used, operated or owned by us;
• through surveillance and security cameras that capture your image;
• processing your purchases, orders, transactions or sales, including the processing of payments, arranging shipping and providing you with tax invoices or order confirmations;
• for any other purposes (including secondary purposes) that you would reasonably expect; and
• to enable us to comply with our obligations under the law.

Who do we disclose your personal information to?

During the conduct of our business, we may use and disclose your personal information to the following parties:

• our affiliated and related entities;
• our engaged contractors, agents, suppliers who assist us in operating our business;
• commercial partners under an agreed information sharing arrangement;
• our marketing research service providers and digital marketing agents;
• our professional advisors, such as our lawyers, accountants and financial advisors;
• relevant courts, tribunals or regulatory authorities and law enforcement bodies;
• anyone else to whom you authorise us to disclose your information or that would be reasonably expected; and
• other companies or individuals as necessary to enable us to provide you with our products and services.

Mettlesome takes reasonable steps to ensure that the third parties we engage take reasonable steps to protect your personal information following the APPs and in a similar manner with this Privacy Policy. Our third-party service providers are required only to use the personal information disclosed to them by us for the purpose that it was provided to them. Additionally, the third parties to who we have disclosed your personal information may contact you directly to let you know they have collected your personal information and give you information about their privacy policies.

Mettlesome may also use Google Analytics to help us understand how our customers and clients use our platforms, products and services. You can read more about how Google uses your personal information here. You may also opt-out of Google Analytics here.

Do we disclose personal information to overseas recipients?

Your personal information may be transferred to recipients located in countries with data protection laws that protect personal information in a way that is at least substantially similar to the APPs. Accordingly, there may be mechanisms available to you to enforce the protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the APPs, and we will not be liable for a breach of the APPs if your personal information is mishandled. We also disclaim responsibility to the extent permitted by law and note that you may not have a remedy under Australian law.

How do we hold, store and secure your personal information?

Mettlesome takes reasonable steps to protect your personal information from misuse, interference and loss, and unauthorised access, modification, or disclosure. For example, we may maintain computer and network security, use firewalls and other security methods and other security systems such as user identifiers and passwords to control access to our computer systems.

Please be aware that there is no transmission method over the internet or through electronic storage that is fully secure and safe. We cannot guarantee the security of your personal information that we hold, but we do take reasonable steps to protect your information. If we are required by law to inform you of any misuse, interference, loss or unauthorised of your personal information, then we will notify you electronically, in writing or by telephone.

Our Websites, Apps or email systems may not use encryption or other technologies to ensure the secure transmission and receipt of information via the internet. Anyone using our Websites or receiving an email from us is encouraged to exercise care in sending personal information or depositing money via the internet. We recommend that you refrain from clicking any unsecured links or opening unknown attachments.

If you hold any concerns or become suspicious of any misuse, interference, loss or unauthorised access to our Websites, our email systems or to our business more generally, we ask that you contact us immediately to verify your concern or suspicion.

Mettlesome holds and stores your personal information in paper-based files, other electronic record-keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas), which may include cloud-based storage providers.

Paper-based Storage: Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed).

Electronic Storage: Your personal information is usually collected in electronic form.

Third-Party Storage: Your personal information may be collected in electronic form for use or storage with a third-party storage provider that we engage.We cannot ensure that your personal information is or will remain secure. This is due to us not having control over the third-party provider’s policies and procedures concerning the handling and storing your personal information.

What are the choices that you can make about your personal information?

At any time, you can request us to:

• delete or destroy your personal information;
• de-identify your personal information;
• access or correct your personal information;
• provide you with a copy of your personal information.

Please understand that we may not be able to entertain your request if it is unlawful to do so or is otherwise impractical or unreasonable to do so at our discretion.

Delete or destroy your personal information: Until you request for it to be deleted or destroyed, your personal information is kept by us for as long as necessary to provide our products and services to you and for legitimate and essential business purposes, such as complying with our legal obligations or settling disputes. This means that your personal information can be held for some time.

Remaining Anonymous & De-Identification: Mettlesome may require you to provide specific details and information to enable us to provide our products and services to you. We try to allow you to stay anonymous or use a pseudonym in your dealings with us where it is lawful and practicable to do so. For example, when making a general and nonspecific enquiry. Typically, it is not possible for us to deal with you anonymously or pseudonymously on an ongoing basis. If we do not collect your personal information, you may not be able to utilise our products and services, deal with us or participate in our events, programs or activities we manage or deliver.

‍Accessing or correcting your personal informationYou are entitled to access or request a copy of your personal information held by us by sending us a request. You will not be charged for requests to access or copy your personal information, but you may be charged for the reasonable time and expense incurred in compiling the information. Yo

u are responsible for ensuring that your personal information with us is accurate and up to date. We take steps to ensure that the personal information we collect, use or disclose is accurate and up to date. You can help us do this by letting us know if you notice errors, inaccuracies or discrepancies in the information we hold about you and letting us know if your details change.

We may decline your request to access or correct your personal information in accordance with the APPs. If we refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.

Does the European Union General Data Protection Regulation apply to us?

The European Union (EU) General Data Protection Regulation (GDPR) contains new data protection requirements and is effective as of 25 May 2018. GDPR replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transferring and processing of any personal data that originates from the EU. The GDPR applies to the data processing activities of businesses, regardless of size, that are data processors or controllers with an establishment in the EU.

Consequently, Australian businesses of any shape and size may need to comply if they have an establishment in the EU, if they offer goods and services in the EU, or if they monitor the behaviour of individuals in the EU. There are also some notable differences, including certain rights of individuals (such as the ‘right to be forgotten’) which do not have an equivalent right under the APPs and the Privacy Act.

Currently, the GDPR does not apply to our business as Mettlesome does not currently offer our products and services to individuals located in Europe, our Websites does not explicitly target customers located in the EU nor do we monitor the behaviour of individuals in the EU.

What should you do if you have a complaint about the handling of your personal information?

You may contact us at any time if you have any questions or concerns about this Privacy Policy or about how your personal information has been handled. You may make a complaint to our privacy officer using the contact details set out below.

Complaint handling process:

Our Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps that can be taken to resolve the complaint. We will contact you within thirty (30) days of the date we receive the written details of your complaint to acknowledge that we have received it. We may ask you to provide further information about your complaint and the outcome you are seeking.

Our privacy officer will review the way we dealt with your personal information, conduct an internal investigation (if necessary) into the complaint and will likely respond to you within thirty (30) days of the date we acknowledged receipt of your complaint. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within sixty (60) days of receipt of the complaint. If the matter is more complex or our investigation takes longer than anticipated, we will let you know.

If you are not satisfied with our response to your complaint, or you consider that Mettlesome may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.

Our contact information

We welcome any comments or questions about our Privacy Policy.

All enquiries should be directed to Mettlesome’s Privacy Officer at the following contact details:

Attention: Privacy Officer
Email: hello@mettlesome.au

This Privacy Policy was last updated on 4 January 2024