Privacy Policy

Purpose

This policy (“Privacy Policy”) explains how EQL Launches Pty Ltd (ACN 636 856 436) (“we”, “us”, “our” or “EQL”) treats the personal information or data of individuals that we access, use or come to interact with in providing our platform and services (“you” or “Users”).

At EQL our mission is to put high heat, hyped products into the hands of real fans – like many of you, for us the journey and experience of the hyped moment is just as (if not more!) important than the outcome. In order to make hyped experiences as elite as possible, we sometimes need Users to provide us with details and information about themselves. We don’t ask this lightly and take our responsibilities in ensuring the safety, security and proper use of User information seriously.

The rest of the Privacy Policy aims to provide clarity around how we collect and treat User information, and what Users can expect of us. If you have any questions please contact us at the details provided at the bottom of this Privacy Policy.

Scope

This Privacy Policy has been developed in accordance with the following privacy regulations, though our privacy practices will take into consideration other laws and regulations from time to time as needed:

Privacy Law / Regulation

Notes

Privacy Act 1988 (Cth)

(“Act” or “Privacy Act”)

EQL is an Australian-based company, and compliance with the Australian Privacy Act is our first port of call. This legislation governs the collection of Personal Information by Australian entities, and we mostly use the language of these regulations in our Privacy Policy below.

General Data Protection Regulation (Regulation 2016/679) (“GDPR”)

The GDPR governs the collection and treatment of personal data for European data subjects. There is generally a good deal of overlap between our baseline privacy practices under the Australian Privacy Act and the requirements of the GDPR, but we have set out a Schedule at the bottom of this Privacy Policy that contains specific terms and clarity for European data subjects.

California Consumer Privacy Act, Cal. Civ. Code 1798.100 et seq. (“CCPA”)

The CCPA governs the collection and treatment of personal data for Users in California. There is generally a good deal of overlap between our baseline privacy practices under the Australian Privacy Act and the requirements of the CCPA, but we have set out specific terms and clarity for Californian Users below in the Privacy Policy

Under the Australian Privacy Act, “Personal Information” is defined as:

Information or an opinion about an identified individual, or an individual who is reasonably identifiable:

1. whether the information or opinion is true or not; and
2. whether the information or opinion is recorded in a material form or not.

With respect only to data subjects of the European Union, Schedule 1 of this Privacy Policy provides additional terms for the protection of “Personal Data” under the GDPR. Personal Data should be considered fundamentally interchangeable with the Australian expression “Personal Information” for the purposes of this Privacy Policy.

Please note, EQL reserves the right to make changes or updates to this Privacy Policy from time to time.

ABOUT EQL AND OUR APPROACH TO PRIVACY

EQL is the developer and provider of an integrated, web-based e-commerce platform (“Platform”) that connects retailers and brands of high-heat, hyped goods with real fans. Most of our interactions with Users will be online or digital.

At EQL we commit to the following principles in how we interact with Users Personal Information. Typically we will:

• collect, use or share your Personal Information with your consent (unless it is not reasonable in the circumstances to obtain your consent and it is legally permissible for us to do so) or when required by a legal obligation; and
• interact with and share your Personal Information to (a) provide you with access to, and the benefits of, the EQL Platform, and to (b) help us improve and develop the EQL Platform;
• share your personal information with retailers relevant to you and your use of the EQL Platform (e.g. retailers whose launches you enter into).

EQL’S COLLECTION OF PERSONAL INFORMATION

EQL collects Personal Information about individuals in one of three main ways:

• Directly from Users, when they interact with EQL or our Platform (e.g. when you enter one of our launches);
• Passively from Users, when they interact with our website, online platforms and digital presence;
• From third-parties in certain circumstances (e.g. where a User’s information is passed on by a retailer or brand that they are a member of).

Here’s a bit more detail about each of these scenarios:

Personal Information collected directly

When a User accesses our Platform or reaches out to us, we may collect the
following types of Personal Information directly and consensually:

• Contact information, including your name, date of birth, email, and phone number;
• Delivery information, including your shipping address;
• Payment information, including your payment preferences and credit card information;
• Account information, relating to your preferences and usage of your EQL account (e.g. notification or lay out preferences for your account);
• in some cases, membership information regarding your pre-existing participation in a retailer’s membership program;
• Product or Launch information, including information about your history, preferences and interest for products  launches on the EQL platform that you directly input (e.g. the preferred sizing, or any launch responses through your account profile);
• Enquiry information, which may include contextual factors about your interactions with EQL or our Platform (e.g. if a User’s support ticket contains information to help us resolve an issue); and
• Feedback information, which will include any opinions or feedback you share with us in unsolicited communications or when you respond to one of our surveys or questionnaires.

Personal Information collected passively

As you access, used and interact with the EQL Platform we may collect the following types of Personal Information about your usage:

• Browser and device information, relating to the technical means by which you’re interacting with EQL;
• Locational and network information, such as the time zone or IP address from which you access the EQL Platform;
• Web data tracking information, such as data from cookies stored on your device, including cookie IDs and settings, as well as logs of your usage of EQL;
• In rare cases, randomised session logs and recordings of Users’ interactions with the Platform;
• Product or Launch information about your product preferences that is built up through your continued use of the Platform;
• Entrant information regarding the nature and history of your launch entries during your use of the Platform;
• Perceived interest or Launch discovery information, regarding generalised interest areas we think may be. applicable to you (e.g. an interest in a particular type of product category, or a particular product within a category);  and
• Content that you post or submit, including posts on social media, including over third party sites (e.g. when responding to our posts or accounts).

Personal Information received from third-parties

In certain situations, EQL will collect Personal Information about you from retailers or brands who we are running launches with. This Personal Information will be initially collected (or otherwise acquired) and provided to us from third parties. Examples of such Personal Information include:

• Membership information tied to any accounts or dealings with third parties;
• applicable Audience information provided by retailers or other third parties with which you have had previous interactions (e.g. your participation as a VIC, or a “local” for relevant launches);
• Retailer-specific historical interaction information, provided by retailers or other third parties relating to your past dealings with them separately from the EQL Platform (e.g. information relating to past purchases
  or spend with retailers);
• Feedback or Content information, which may include any opinions or feedback you’ve shared with the third party; and
• any of the types of passively collected Personal Information set out above.

WHY EQL COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR

Everything we do at EQL is geared towards connecting you, the most passionate fans, with the hottest products. Although we collect different types of Personal Information from a number of sources, our overarching aim is delivering the best hype experiences for fans and retailers.

Here are the main ways we use Personal Information to achieve these objectives – most of them directly relate to making sure our Platform works as expected and is constantly improving!

Facilitating launches

EQL uses the contact, delivery, product and payment information Users provide to run our launches and tee up high-heat purchases between Users and retailers.

Launches for real fans

EQL’s industry leading bot-detection and fan-detection process may use a combination of all the types of Personal Information we collect. We go through great pains to make sure our launches are Run Fair ® and free of bad actors.

Communicating with Users

EQL will use account, contact, enquiry and feedback information to communicate with individuals about their enquiries, interest in events and for other administrative purposes related to the specific reason for which the Personal Information was collected (e.g. if there is a restock of a certain product, or another relevant launch).

EQL will also use contact, product or launch, perceived interest information to share relevant news and updates about products, launches, EQL and the EQL Platform.

User account support

EQL may use account, contact, delivery, product or launch and payment information to verify and process updates to User accounts (e.g. resetting passwords or updating changed details).

Research and improvements to the Platform

We use a broad range of information collected by Users to make improvements across our Platform, including information that is collected both directly, passively and from third parties. We use all kinds of information available to us to do this, and from time to time this might include Users’ Personal Information.

Whenever Users’ Personal Information is used for this purpose our preference is to aggregate, anonymise or de-identify the information wherever possible.

Marketing

Where Users have consented, EQL will use contact, product, enquiry, content, product or launch, perceived interest or launch discovery information to provide Users with marketing materials and offers. Users can always opt out of this through the functionality provided in each marketing communication (e.g. by clicking
“unsubscribe” at the bottom of an email).

EQL may also use passively collected data tracking information and all types of Personal information collected from third parties, display third-party marketing materials and offers to users Users. Users can stop or manage web data tracking information through their browser preferences or our cookie pop up.

EQL’S STORAGE AND DISCLOSURE OF PERSONAL INFORMATION

Almost all of the Personal Information collected by EQL is stored on cloud servers located in the United States and accessed securely globally. We have set out a list of all sub-processors in Schedule 2 to this Privacy Policy.

We are very careful in vetting third-parties we work with to deliver the Platform, and any (international) disclosures of information are always made once we’ve taken reasonable steps to ensure the Personal Information will be treated properly and in accordance with what Users can expect reading this Privacy Policy.

Generally, EQL does not disclose raw Personal Information to any third-parties not involved in a launch (e.g. third parties other than the relevant retailer), or where such third parties are not used in the provision of our Platform (e.g. where they are not a service provider). The most common type of disclosure here is to a retailer, and generally involves us disclosing the following types of information about all entrants for a particular launch:

• Contact, delivery and payment information of launch entrants;
• Product or launch information;
• Audience information; and
• at times, entrant information.

Additionally, during a launch is when we expect to receive the majority of Personal Information provided to us by third parties. Where a retailer provides us such information (e.g. membership or historical interaction information), we may process such information and make subsequent disclosures of new information back to that retailer (e.g. depending on the retailer, your membership account with them may be updated to reflect your interactions with the EQL platform).

Personal Information disclosed to retailers in these ways will be used for the purposes outlined in Section 3 (“WHY EQL COLLECTS YOUR PERSONAL INFORMATION AND WHAT WE USE IT FOR”) above, though generally retailers’ use of such Personal Information will focus on communications, facilitating launches for real fans, user account support and marketing.

Where legally required we may also disclose Personal Information to law enforcement agencies, or another party that has a legitimate legal right to access the information. The above disclosures will only be made in circumstances where the recipient has provided an undertaking that they will maintain the confidentiality of the information and that they recognise the appropriate limitations placed on the use of the information.

In the event that an entity acquires ownership of EQL or our Platform, we may transfer any necessary Personal Information

EQL’S TREATMENT OF INFORMATION

General

As much as possible EQL aims to the informed and voluntary consent of individuals whenever it collects their information, or as soon as possible after. Users can always refuse or revoke this consent, but sometimes this will affect EQL’ ability to provide them with access to the EQL Platform, enter into particular launches or to assist with their requests – we’ll let you know if this is the case!

EQL will keep identifiable Personal Information confidential and will not sell any raw Personal Information to external third-parties, or otherwise disclose it to third parties other than as set out above where a User would not reasonably expect to have access to their Personal Information.

Privacy by design

De-identified information refers to information that cannot reasonably be used to identify a particular individual.

Pseudonymised information refers to de-identified information that can only identify individuals only if it’s combined another, separate piece of information.

Information about individuals that can’t be used at all to identify them is referred to as anonymised information.

Where possible EQL will aim to collect, store and use anonymised information as a first preference, and if not, then pseudonymised information. This said, sometimes it is impractical or unreasonable for Person information to be de-identified or treated in this way (e.g. if we need contact details to reply to a User’s support ticket).

As we develop our Platform we always aim to limit the Personal Information we collect to what is required and legitimate.

Security

EQL is committed to systems security and orginsational measures that protect Personal Information collected.

We are constantly improving the technical measures we use to collect, store and treat Personal Information, as well as the processes and measures we have in place if we ever need to respond to a data breach containing Personal Information.

We also ensure that the third party services we use to host and provide our Platform use industry standard security measures, and that their treatment of Personal Information is in accordance with our legal duties owed to Users.

EQL RETENTION OF INFORMATION

EQL retains Personal Information until it is no longer needed to facilitate launches or develop and improve our Platform. Because we our platform is always being improved this means we might end up using the Personal Information for a while. NB – if we do this our preference is still always going to be to try and de-identify or
anonymise the relevant information!

If you have any concerns or want us to delete the information, please reach out at the contact details below. After verifying a deletion request we’ll make sure to process it as soon as possible!

In addition to our baseline retention, we will also retain identifiable Personal Information where we have legal and regulatory obligations to do so (e.g. for law enforcement or record keeping purposes). The most common type of Personal Information kept in this way will be records of your interactions with the EQL Platform.

SPECIFIC RIGHTS OF EUROPEAN DATA SUBJECTS

Users who are habitually located in the European Union (‘EU Residents’) have additional rights in respect of their Personal Data (a term that is fundamentally interchangeable with Personal Information).

Users who are EU Residents should refer to Schedule 1 for more information regarding how EQL’ privacy practices in relation to their Personal Data.

SPECIFIC RIGHTS OF CALIFORNIAN DATA SUBJECTS

Users who are Californian residents have an additional right under the CCPA to opt-out of the sale of their Personal Information/Data. As stated above, EQL does not engage in this behaviour but you may still submit such an opt-out through this Form.

Californian residents may designate, in writing or through a power of attorney, an authorised agent to make requests on your behalf to exercise their rights under the CCPA. Before accepting such a request from an agent, EQL may require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.

EQL will not discriminate any Californian resident exercising their rights under the CCPA (or for any other User exercising their rights under laws relevant to them!)

MANAGING PERSONAL INFORMATION YOUR INFORMATION

Accessing and ensuring the accuracy of Personal Information

EQL takes reasonable steps to ensure that the Personal Information we collect and hold is accurate, up to date and complete.

Users have a right to access and request the correction of any of Personal Information we hold about them at any time. Any such requests should be made by directly contacting us at the details set out below and we’ll take all reasonable steps to verify and give effect to the request.

This said, there may be circumstances in which EQL cannot provide Users with access to information. We will advise you of these reasons if this is the case.

Contacting EQL

EQL has appointed a Privacy Officer to be the first point of contact for all privacy related matters and to assist in ensuring our compliance with our privacy obligations.

Privacy Officer

Privacy Officer – privacy@eql.com

If you have any questions about this Privacy Policy, or would like to complain about a breach of this Policy, you can contact our Privacy Officer using the contact details above. You will need to provide sufficient details regarding your complaint as well as any supporting evidence and/or information.

In this case we’ll respond to you as quickly as possible, and we may contact you asking for further information.

This Privacy Policy was last updated on 05 February 2024.

SCHEDULE 1 - SPECIFIC RIGHTS OF EUROPEAN RESIDENTS

Under the GDPR, EQL is primarily a “controller” of Personal Data, as opposed to being a “processor”. Specifically:

• EQL will control all Personal Information it collects directly or passively from individuals. Where Personal Data is provided to retailers for the purposes of a launch, these retailers will ordinarily come to independently control such Personal Data as well;
• EQL will independently control most Personal Data it collects from third parties to the extent that such Personal Data is relevant to your interactions with the Platform (e.g. where it is used to facilitate and support launches).
• In all other, rare, cases EQL will be a processor on behalf of a retailer – e.g. where membership or historical interaction provided is not relevant or used in the course of providing you access to the Platform, or

As part of its’ GDPR compliance, EQL provides the EQL Platform in a way that ensures:

Personal Data (i.e. Personal Information) is:

• processed fairly, lawfully and in a transparent manner; and
• collected and processed only for specified and lawful purposes.

Processed Personal Data (i.e. Personal Information that is used, held or disclosed by EQL) is:

• adequate, relevant and not excessive;
• accurate and, where necessary, kept up to date;
• kept secure, and not longer than necessary;
• not transferred to countries outside the European Union without adequate protection; and
• treated in accordance with individuals’ legal rights.

Whilst EQL strives to provide all Users with appropriate access and control over their data, individuals covered by the GDPR are also able to:

• Prescriptively restrict, limit or otherwise provide instructions to EQL regarding how we can use their Personal Data. This includes being able to object to how and why their Personal Data is used (e.g. by the removal of their consent for particular functions);
• Verbally request the erasure (i.e. deletion) of their information; and
• Request EQL provides all Personal Data held about them in a portable format, meaning in a way that is structured, commonly used and machine-readable. Users who exercise this right to data portability are also
  able to direct EQL to transmit this data to other entities who they intend to allow to process their Personal Data.

EQL will allow and undertake reasonable efforts assist Users that are European data subjects to exercise these rights, unless we have compelling and legitimate legal grounds not to. If we are unable to assist with the exercise of these rights this may impact our availability to provide the relevant User with access to our Platform.

SCHEDULE 2 - SUB-PROCESSORS AND LOCATIONS

Platform & Platform Analytics

Legal Compliance & Data Security

Account Management

Sales & Marketing