Website and Mobile Application Terms of Use

By using this website located at URL http://www.MyRacehorse.com/au (“Website”) and/or our mobile application “MyRacehorse App” (“APP”) (collectively referred to herein as the “Service”), you agree to be bound by these terms of use (“Terms”). At our discretion, we may change these Terms without notice. By continuing to use the Service and/or the App, you accept the Terms as they apply from time to time. If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement (“Agreement”) between you and MyRacehorse Pty Ltd ACN 643 461 590 (“MyRacehorse”, “we,” “us” or “our”) governing your use of the Service therein. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICE. YOUR USE OF THE SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IN ADDITION, WHEN YOU CHECK THE “AGREE WITH THE ABOVE TERMS” WHEN REGISTERING AN ACCOUNT ON THE WEBSITE OR CLICK THE “AGREE” BUTTON WHEN YOU INSTALL THE App, AS THE CASE MAY BE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS WEBSITE OR INSTALL THE App AND DISCONTINUE YOUR REGISTRATION TO CREATE AN ACCOUNT ON THE WEBSITE. We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time without further notice. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future amended Terms, do not use or access (or continue to use or access) the Service. YOU MUST BE OVER THE AGE OF 18 TO USE THE SERVICE (“LEGAL  AGE”). ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT AND CREATE AND/OR AUTHORISE AN ACCOUNT TO USE THE WEBSITE AND THE App. IF YOU ARE NOT AN ADULT YOU MAY NOT CREATE AND/OR AUTHORISE AN ACCOUNT TO USE THE WEBSITE OR THE APP.

General Disclaimer

The Service is owned and controlled by MyRacehorse.

MyRacehorse reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, MyRacehorse grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Service.

Users browsing the Website do not need to register to access general information about our services and products, but must register and create an account in order to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to register for the Website, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

Registration

The Website and the App provide registered account holders, meeting all requirements, with the ability to purchase units in regulated managed investment schemes that own interests in one or more racehorses (“racehorse ownership schemes”), to register for and purchase tickets to unitholder-only hospitality events, and to purchase related products, such as branded apparel and accessories. Users browsing the Website do not need to register to access general information about our services and products, but must register and create an account in order to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to register for the Website, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

The App is not capable of use without logging in with Website credentials or the creation of a new account. Once logged into a valid account through the App, you will be able to purchase units in racehorse ownership schemes and otherwise access and use our online event scheduler and merchandise store. If you choose to create an account to use the App, you agree to provide true, accurate, and complete information about yourself as prompted by the registration form.

Intellectual Property Rights

MyRacehorse owns the copyright and other intellectual property rights in the content of the Service except where otherwise stated. You are welcome to browse, share and print the content for your personal, non-commercial or internal business use provided the portion of the Service being used is not altered or made available in a manner that modifies the content of the Service or presents the portion of the Service being reproduced in a false light. The permission to share and print does not allow for incorporation of any substantial portion of the Service in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes. Should you need to use, copy or reproduce any part of the Service for any other purpose then you must obtain our written permission. Any trademarks appearing on the Service belong to their respective owners.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of units, goods and/or services, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient Legal Age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Service or for any other service offered on or through the Service, the latter terms shall control with respect to your use of that portion of the Service or the specific service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.

MyRacehorse’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Service should be construed to alter such agreements.

MyRacehorse may make changes to any products or services offered on the Service, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Service with respect to products and services may be out of date, and MyRacehorse makes no commitment to update the materials on the Service with respect to such products and services.

Accounts, Passwords and Security

Certain features or services offered on or through the Service may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify MyRacehorse immediately of any unauthorised use of your account or password, or any other breach of security. You may be held liable for losses incurred by MyRacehorse or any other user of or visitor to the Service due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may be held liable for losses incurred by MyRacehorse or any of its licensors or affiliates due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s login credentials or account at any time without the express permission and consent of the holder of that account. MyRacehorse cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Use of Service

Subject to your performance of all of the provisions of this Agreement MyRacehorse hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Service solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with MyRacehorse. Your right to use the Service is not transferable. You will use the Service in accordance with all applicable laws. MyRacehorse may, without notice, terminate your access to the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect MyRacehorse’s networks, information and the security and integrity of the Website and/or our servers and networks and/or App or if we determine that you are misusing the Service or otherwise violating the terms of this Agreement.

Conditions of Use

You agree to not use the Service to:

1. interfere with or disrupt the App, Website or servers or networks connected to the App and/or Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
2. violate any applicable local, state, national or international law, or any regulations having the force of law;
3. provide false information about yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. harvest or collect email addresses or other contact information from the Service by electronic or other means for any purpose, including, but not limited to, the purposes of sending unsolicited emails or other unsolicited communications;
5. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
6. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service; or
7. cause any third party to engage in the restricted activities above.



Transactions

If you are using the Service to purchase units in horse shared ownership companies, tickets to unitholder-only hospitality events or related apparel, and accessories, you agree to pay the amounts charged for such purchases (“Charges”). You are responsible for all Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof. Charges may be facilitated through a third-party payment processing service (“Processor”) which MyRacehorse may replace without notice to you. Currently, credit card transactions on the Service are processed by NAB Transact and are subject to their applicable terms of service and privacy policies.



Monthly Levy (MyRacehorse Plus Customers Only)

An ongoing monthly levy will be charged as a direct debit to meet the ongoing fees and costs of operating the Scheme, including Horse-related fees and costs, and Management of the operation. The amount and purpose of such Charges are as set out in the relevant Scheme PDS. To meet these costs we require you to maintain an authorisation to direct debt your nominated bank account or credit card for any ongoing monthly Charges due under the terms and conditions of these terms.

If a monthly direct debit fails on the initial attempt, a second debit will be attempted automatically 48 hours later. If the second attempt fails, the customer has 30 days to rectify the non-payment, or else the units may be forfeited to MyRacehorse (as Scheme manager).

The ongoing monthly levy represents the best estimate of MyRacehorse of the ongoing fees and costs of operating the Scheme. At the end of each financial year, MyRacehorse will compare the actual fees and costs of operating the scheme against the ongoing monthly levies paid by unitholders and:

will return to unitholders their proportion of any amounts that they have paid as ongoing monthly levy that exceed the actual costs of operating the Scheme in that financial year;

may, at its discretion, claim from unitholders any shortfall between the ongoing monthly levies that were paid in the financial year and the actual costs of operating the Scheme in that financial year.

The obligation to pay the ongoing monthly levy will cease once the relevant horse that is the subject of the units has retired from racing or has been sold by the Scheme.



Obligation to Pay Charges

When you use the Service to purchase units in racehorse ownership schemes, tickets to unitholder-only hospitality events or related apparel, and accessories you will be directed to our Processor for fulfillment of the applicable Charges. You hereby represent and warrant that:


8. the credit card and banking information supplied to the Processor is true, correct and complete;
9. payments for Charges made by you will be honoured by your credit card company or depositary financial institution, as the case may be; and
10. you shall pay for all Charges made under your account credentials using the Service.



Horse Information

MyRacehorse:


11. promotes the offer of units in certain managed investment schemes of which it is the appointed manager and authorised representative (ASIC Rep Number 001284902) of the responsible entity, Sire Custodians Ltd ABN 45 005 088 371 (AFSL 223671) and which hold, or propose to acquire, specified interests in racehorses to offer units in the relevant scheme via the Website and the App; and
12. provides you with tools to locate a racehorse ownership scheme meeting your criteria, including a product disclosure statement (PDS) issued by the responsible entity of the relevant racehorse ownership scheme in compliance with the Corporations Act 2001.

It is important to note that MyRacehorse does not own the units that are being sold in the racehorse ownership schemes and that users are acquiring the units from the responsible entity of the relevant racehorse ownership scheme.

You will need to review the PDS and any other information carefully and make your own independent judgment regarding your review of such information and selection of a racehorse ownership scheme. The information provided in the PDS by the responsible entity may include representations about the relevant racehorse’s prospects and condition.

MyRacehorse does not make any recommendations for any particular racehorse (or the related racehorse ownership scheme) or endorse one racehorse over another.



Horse Management and Feedback

MyRacehorse may or may not own a share of any of the horses that are listed on the Website or the App. In some cases, MyRacehorse may acquire some or all of the units in any racehorse ownership scheme that are not taken up by users but makes no representation that it will do so.

You may have access to the review and forum system made available on the Website, where unitholders can comment on their experiences with MyRacehorse.



Risks of Horse Racing

MyRacehorse does not have or express any opinion on the value of the horses being offered by any racehorse ownership scheme. We are an exchange, providing tools to assist you in locating an investment in a racehorse ownership scheme. Horse racing ownership is risky. Horses are living, breathing, fragile animals and significant expenses are associated with their ownership and care. No guarantees can ever be made about the outcomes of a certain investment in a racehorse. Most investments lose money. Some break even, and a few are profitable, and a very few, are extremely profitable.



Disclaimers

YOUR USE OF THE SERVICE AND ANY ASSOCIATED PURCHASES, INCLUDING YOUR PURCHASE OF ANY UNITS IN RACEHORSE OWNERSHIP SCHEMES, IS AT YOUR SOLE RISK. THE SERVICE OFFERED BY MY RACEHORSE IS A MARKETPLACE FOR UNITS IN RACEHORSE OWNERSHIP SCHEMES ONLY AND IS NOT A HORSE OR INVESTMENT RECOMMENDATION SERVICE, HORSE OR INVESTMENT LOCATING SERVICE, INVESTMENT ADVISORY OR ANY OTHER SERVICE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MY RACEHORSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE, UNITS IN RACEHORSE OWNERSHIP SCHEMES AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OF INVESTMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR THAT THE SERVICES PROVIDED BY MY RACEHORSE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE AND DO NOT PROMISE ANY SPECIFIC FINANCIAL PERFORMANCE OR RESULTS FROM USE OF THE SERVICE AND/OR THE PURCHASE OR ANY UNITS IN RACEHORSE OWNERSHIP SCHEMES AND RELATED PRODUCTS WHICH MAY BE PURCHASED ON THE SERVICE.



Privacy

MyRacehorse’s Privacy Policy applies to use of the Service, and its terms are made a part of these Terms by this reference. To view MyRacehorse’s Privacy Policy, click here. Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Service may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The ability of a person to become an owner of a horse, even indirectly via units in a managed investment scheme, is (or may be) subject to the Australian Rules of Racing or other regulations relating to ownership eligibility. After you subscribe for units in any racehorse ownership scheme you may be requested by us (at our discretion) to:


1. provide further information to verify your identity, such as providing copies of identity documents so as to meet 100 points of ID; or
2. submit to a third party verification of identity process (such as Green ID).

Any information that we collect will be held securely in accordance with our Privacy Policy. For the avoidance of doubt, where a third party verification of identity process is conducted, the collection and use of the information will be subject to their terms and conditions and privacy policy and will occur independently of these terms and conditions.

In the event that you are unable to complete a suitable verification of identity process upon request, or are otherwise ineligible to own units in a managed investment scheme, you acknowledge that the responsible entity of the racehorse ownership scheme will be unable to issue units in the scheme to you and will refund any subscription fees paid.



Third Party Links

Any links to third party sites, either on the Service or on other social media sites on which we maintain a presence, are provided for your convenience only and we are not responsible for their use, effect or content. If you access third party sites you acknowledge that you are subject to any terms and conditions which are imposed by those sites. We do not provide any warranty or assume responsibility about the accuracy, source, quality or fitness for purpose of any content on any third-party site. The inclusion of any link does not imply endorsement by MyRacehorse of the website or a relationship with the organizations to which links are provided.



Posting Comments

The Service and/or any other social media sites on which we maintain a presence, may enable you to post comments (e.g. forums, blogs, reviews etc.). Any comments that you post (or which are posted using your username and password) are your responsibility and you agree to indemnify us in respect of any claims for loss or damage resulting from any content you post that infringes on our rights or the rights of any third party. You agree that we own the copyright in any comment you post and may reproduce any comment for any purpose associated with our business activities, including marketing, with or without attribution to you and you waive any moral rights as the author of any such comment.



Exclusion of Liability

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy or the imposition of any liability under the Australian Consumer Law except to the extent that we are permitted to limit our liability. Where our liability can be so limited then it is limited to, except in the case of a major failure, to our election between the remedies in the case of: –


1. services, the cost of supplying the services again or payment of the costs of having the services supplied again; and
2. goods, the cost of replacing the goods, supplying goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.


Subject to the above, you acknowledge and agree that we do not represent, warrant or guarantee that the Service is free from any viruses or other defect or error which may affect your software or systems.



Indemnity

You will defend, indemnify, and hold MyRacehorse including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or unitholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including legal costs on a solicitor and own client basis) relating to or arising out of your use of the Service or purchases of units in racehorse ownership schemes or related products, including:


1. your breach of this Agreement; and/or
2. any other activities in connection with the Service.

This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.



Termination

You agree that MyRacehorse, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for any reason, including, without limitation, for lack of use or if MyRacehorse believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. MyRacehorse may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.



General Terms

Entire Agreement

These Terms of Service constitute the entire agreement between you and MyRacehorse and govern your use of the Service, superseding any prior agreements between you and MyRacehorse with respect to the Service.

Applicable Law

These Terms and your use of the Service and/or any other social media sites on which we maintain a presence, are governed by the laws of Victoria, Australia. You must ensure that access to and use of the Service is in accordance with the laws of your jurisdiction.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Assignment

You may not assign this Agreement without the prior written consent of MyRacehorse, but MyRacehorse may assign or transfer this Agreement, in whole or in part, without restriction.

APP Privacy Policy of MyRacehorse Pty Ltd

Introduction

1. This APP Privacy Policy of MyRacehorse Pty Ltd ACN 643 461 590 (“MyRacehorse”) is MyRacehorse’s official privacy policy as required by the Privacy Act 1988 (the “Act”) and the Australian Privacy Principles (the “APPs”) and it applies to all personal information about individuals collected by MyRacehorse.
   
   In this policy we explain how and why we collect personal information about individuals, how we use it, and what controls individuals have over our use of it.


2. MyRacehorse is committed to complying with Commonwealth legislation (the Act and the APPs) that deals with how businesses may collect, hold and use personal information about individuals and to protecting and safeguarding the privacy of individuals when they deal with us.



Collection of information

3. Some information provided to us by clients, customers and other parties might be considered private or personal. However, without such information we would not be able to carry on our business activities and provide our services. We will only collect such personal information if it is necessary for one of our functions or activities. The kinds of personal information that MyRacehorse may collect and hold in respect of individuals may include:
• names;
• contact details and identification information;
• information and information about transactions and trading history with MyRacehorse.
• details of, or copies of, identity documents such as driver’s licence, passport or Medicare card.
4. In some limited circumstances, such as processing of refunds or other non-standard transactions, we may also collect financial information in respect of individuals, including bank or credit card details.
5. In particular, personal information is collected in the following situations by MyRacehorse:
• if an individual contacts MyRacehorse, we may keep a record of that communication or correspondence;
• If an individual submits an application, registration or another form required to be completed by an individual to enable and/or facilitate services to be provided by MyRacehorse;
• when applying for and/or establishing and/or accessing an account with us;
• when an individual submits their contact details to be included on our mailing lists;
• when an order is placed with us to purchase units we may require individuals to provide us with contact information including name, address, telephone number or email address for the purposes of processing and fulfilling such a purchase;
• prior to the issue of units we may ask you to complete a verification of identity process by provide details or copies of identity documents as required by Racing Australia or any state or territory racing authority;
6. At or before the time the personal information about an individual is collected by us, we will take reasonable steps to ensure that the individual is made aware of who we are, the fact that the individual is able to gain access to the information held about the individual, the purpose of the collection, the type(s) of organisations to which we may usually disclose the information collected about the individual, any laws requiring the collection of the information and the main consequences if all or part of the information is not collected.


7. We usually collect personal information about individuals directly from the individual. However, sometimes we may need to collect personal information about individuals from third parties for the purposes described below in this policy. The circumstances in which we may need to do this include, for example, where we need information from a third party to assist us to process an application or an order (such as to verify information an individual has provided or to assess the individual’s circumstances) or to assist us to locate or communicate with the individual.



Use of information collected and disclosure of personal information to others

8. We may use or disclose personal information held about an individual as permitted by law and for the business purposes for which it is collected (e.g. provision of our services, including administration of our services, notifications about changes to our services, record-keeping for our services and technical maintenance) - that is, to carry on our business activities and provide services to our customers. We may also use such information about individuals for a purpose related to the primary purpose of collection and where the individual would reasonably expect that we would use the information in such a way. This information is only disclosed to persons outside our business in the circumstances set out in this policy or as otherwise notified at the time of collection of the information.


9. MyRacehorse’s business purposes for which personal information is collected, used and disclosed may include:
• processing an application or unit purchase or service request (including verifying a person's identity for these purposes);
• managing our products and services or other relationships and arrangements, including processing receipts, payments and charges;
• detecting and preventing fraud and other risks to us and our customers;
• responding to inquiries about applications, accounts or other products, services or arrangements;
• understanding our customers' needs and developing and offering products and services to meet those needs;
• researching and developing our products and services and maintaining and developing our systems and infrastructure (including undertaking testing);
• dealing with complaints;
• meeting legal and regulatory requirements. Various Australian laws may expressly require us to collect/and or disclose personal information about individuals, or we may need to do so in order to be able to comply with other obligations under those laws;
• enforcing our rights, including undertaking debt collection activities and legal proceedings;
• disclosure to third parties and My Racehorse commercial partners.
10. In addition, we are permitted to use or disclose personal information held about individuals:
• where the disclosure is necessary to comply with any requirement of Racing Australia or any state or territory racing authority relating to the provision of information regarding the identity of persons acquiring interests in racehorses (or units in managed investments schemes related to racehorse ownership)
• where the individual has consented to the use or disclosure;
• where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;
• where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
• where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
• where we reasonably believe that the use or disclosure is necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for and conduct of proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.
• where a customer (being the individual or related to the individual) has requested a service to be provided by us and we are required to disclose the information to a third party in order to facilitate the provision of the service. In most, if not all cases, any such disclosure will be with the consent of the individual.
11. Third parties to whom we may disclose personal information about individuals in accordance with MyRacehorse’s business purposes set out above may include:
• MyRacehorse’s legal advisors;
• MyRacehorse’s IT service providers;
• regulatory bodies in Australia. Including but not limited to Racing Australia and/or any state or territory racing authority;
• MyRacehorse’s financial advisors;
• participants in financial and payment systems, such as banks, other credit providers, and credit card associations;
• guarantors and security providers associated with individuals;
• cloud information storage providers;
• other third-party providers who assist MyRacehorse in providing its business services
• sponsors and business partners for the purpose of our business relationship with them.

Anonymity and Pseudonymity

12. Individuals have the option of dealing with MyRacehorse anonymously. However, this only applies where is not impracticable for MyRacehorse to deal with individuals acting anonymously or under a pseudonym. For example, individuals making general enquiries of MyRacehorse may do so anonymously or under a pseudonym. However, if the dealing with MyRacehorse is for MyRacehorse to supply services and/or to enter into contractual relations then it is impractical for individuals to deal with MyRacehorse on an anonymous basis or under a pseudonym.



Direct Marketing

13. As part of MyRacehorse’s functions and business activities and to promote the services we can provide to our customers, MyRacehorse may use personal information that individuals have provided to MyRacehorse for the purposes of direct marketing (i.e SMS Marketing, Push Notifications, Email Marketing, Telephone Marketing). Direct marketing (i.e SMS Marketing, Push Notifications, Email Marketing, Telephone Marketing) includes, but is not limited to, sending information to our customers and other parties (including individuals) and/or contacting our customers (including individuals) in relation to promotions relating to MyRacehorse. Recipients of direct marketing are always able to opt out of receiving direct marketing communications by sending an email to MyRacehorse’s Customer Support team on ausupport@myracehorse.com or by clicking the "Opt Out/Unsubscribe" link at the bottom of any Email, SMS or Owner Update communications. In any direct marketing communication, we remind recipients of their right to opt out of receiving direct marketing communications.



Direct Marketing

14. Our web site may contain links to other web sites and those third-party web sites may collect personal information about individuals. We are not responsible for the privacy practices of other businesses or the content of web sites that are linked to our web site. MyRacehorse encourages users to be aware when they leave the site and to read the privacy statements of each and every web site that collects personally identifiable information.



Security and storage

15. MyRacehorse places great importance on the security of all information associated with our customers and clients and others who deal with us. We have security measures in place to protect against the loss, misuse and alteration of personal information under our control. MyRacehorse takes all reasonable steps to protect personal information that is under MyRacehorse’s control from misuse, interference, loss and/or unauthorised access, modification or disclosure. All personal information held is kept securely and that which is held electronically is held on secure servers in controlled facilities.
16. Personal information is de-identified or destroyed securely when no longer required by us.


17. MyRacehorse retains information provided to us including individuals’ contact and financial and transactional information to enable us to verify transactions and customer 6 details and to retain adequate records for legal and accounting purposes. Such information is held securely, including on secure servers in controlled facilities.


18. Information stored within our computer systems or by our agents who provide electronic storage facilities can only be accessed by those entrusted with authority and computer network password sanctions.


19. No data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect users' personal information, MyRacehorse cannot ensure or warrant the security of any information transmitted to it or from its online products or services, and users do so at their own risk. Once MyRacehorse receives a transmission, we make every effort to ensure the security of such transmission on our systems.



Access to and correction of personal information

20. MyRacehorse is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and web-site users.


21. Any individual may request access to personal information about them held by MyRacehorse. Such a request for access to personal information is to be made to MyRacehorse’s Privacy Officer:


22. My Racehorse is committed to and takes all reasonable steps in respect of maintaining accurate, timely, relevant, complete and appropriate information about our customers, clients and web-site users.


23. Any individual may request access to personal information about them held by MyRacehorse. Such a request for access to personal information is to be made to
    MyRacehorse’s Privacy Officer:
    
    Attention: MyRacehorse Privacy Officer
    Email: auprivacy@myracehorse.com


24. Please note MyRacehorse does require that, as part of any request by an individual for access to personal information, the individual verifies their identity so that MyRacehorse may be satisfied that the request for access is being made by the individual concerned.


25. Please note that MyRacehorse is not required to give an individual access to personal information in circumstances where:
• MyRacehorse reasonably believes that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
• giving access would have an unreasonable impact on the privacy of other individuals; or
• the request for access is frivolous or vexatious; or
• the information relates to existing or anticipated legal proceedings between MyRacehorse and the individual, and would not be accessible by the process of discovery in those proceedings; or
• giving access would reveal the intentions of MyRacehorse in relation to negotiations with the individual in such a way as to prejudice those negotiations; or
• giving access would be unlawful; or
• denying access is required or authorised by or under an Australian law or a court/ tribunal order; or
• both of the following apply:
1. MyRacehorse has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to MyRacehorse’s functions or activities has been, is being or may be engaged in;
2. giving access would be likely to prejudice the taking of appropriate action in relation to the matter; or


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


27. giving access would reveal evaluative information generated within MyRacehorse in connection with a commercially sensitive decision-making process.


28. Inaccurate information will be corrected upon receiving advice to this effect. To ensure confidentiality, details of an individual’s personal information will only be passed on to the individual if we are satisfied that the information relates to the individual. From time to time and having regard to the purpose of the collection and use of personal information about individuals, we may contact individuals to seek confirmation that the personal information provided to us by the individual is accurate, up-to-date and complete.


29. If we refuse to provide an individual with access to or correct the personal information held by us about the individual, then we will provide reasons for such refusal. Such reasons will set out the grounds for refusal, the mechanisms available to complain about the refusal and any other matters that are required by the Act.


30. MyRacehorse will respond to any requests for access or correction within a reasonable time of receipt of the request, but by no later than 30 days of the request being received.



Complaints

31. If an individual has a complaint about our APP Privacy Policy or MyRacehorse’s collection, use or safe disposal or destruction of personal information about the individual, any complaint should be directed in the first instance to MyRacehorse’s Privacy Officer at the contact details set out at clause 20 of this policy.


32. We will investigate any complaint within 30 calendar days and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about the complainant in accordance with the Commonwealth Privacy legislation and the APPs. If a complainant is not satisfied with the outcome of this procedure, then the complainant may contact the Office of the Australian Information Commissioner (“OAIC”) at www.oaic.gov.au.



Transfer of information overseas

33. MyRacehorse may utilise local and overseas cloud services for the purpose of storing information. Your personal information may be disclosed to a MyRacehorse cloud service provider for that purpose. While MyRacehorse’s cloud service providers are primarily located in Australia and the United States of America, the country location of our cloud service providers may periodically change.


34. In all other instances, personal information will only be disclosed by MyRacehorse to overseas recipients in accordance with Australian Privacy Principle 8, such as if the disclosure is required by Australian law.



Cookies

35. MyRacehorse collects information from the site using "IP files".


36. When a user visits MyRacehorse’s web site to read, browse or download information, our system will record/log the user’s IP address (the address which identifies the user’s computer on the internet and which is automatically recognised by our web server), date and time of the visit to our web site, the pages viewed and any information downloaded. This information will only be used for the purpose of site analysis and to help us offer improved online service. We may automatically collect non-personal information about users such as the type of Internet browsers used or the site from which the user linked to our web sites. Individuals cannot be identified from this information and it is only used to assist us in providing an effective service on our web sites.



Changes to APP Privacy Policy

37. If MyRacehorse decides to or is required to change its APP Privacy Policy, we will notify of such amendments on our web site and post changes on this APP Privacy Policy page so that users may always be aware of what information is collected by us, how it is used and the way in which information may be disclosed. As a result, please refer back to this APP Privacy Policy regularly to review any amendments.



Contacting us

38. For further information regarding our APP Privacy Policy, please contact us at the following address:
    Attention: MyRacehorse Privacy Officer Email: auprivacy@myracehorse.com


39. For more information on privacy legislation or the APPs please visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.