Act means the Privacy Act 1988 (Cth).
Fulcrum (referred to as either “Fulcrum”, “We”, “Us”, or “Our” in this Policy) means Fulcrum Media Finance 2 Pty Limited (ACN 143 457 443), Fulcrum Media Finance 3 Pty Ltd (ACN 167 993 526), Fulcrum Media Finance 4 Pty Limited (ACN 615 149 696), Fulcrum Media Finance (NZ) Limited (NZ Company Number 6089087) and Fulcrum Media Finance 4 (NZ) Limited (NZ Company Number 6147856).
Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Notifiable Data Breach means a data breach whereby Personal Information in Fulcrum’s control is accessed without authorisation, disclosed without authorisation, or is lost, where such data breach is likely to cause You serious harm.
Device means any device that can access the Website such as a computer, a cell phone or a digital tablet.
OAIC means the Office of the Australian Information Commissioner.
Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable from the information, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Usage Data refers to data collected automatically, either generated by the use of the Website or from the Website infrastructure itself (for example, the duration of a page visit).
Website means Fulcrum’s website, accessible from “https://fulcrum-media.com”.
You (referred to as either You or Your) means the individual, company or other legal entity accessing or using the Website.
This Policy is made in accordance with Fulcrum’s obligations under the Act and the The Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). The Policy sets out Fulcrum’s policies and procedures in relation to the collection, use and disclosure of Your Personal Information by Fulcrum.
As a financial service provider, Fulcrum is subject to legislative and regulatory requirements to obtain and hold certain information which personally identifies and/or contains information or an opinion about an individual. Fulcrum may also collect or use Personal Information for alternative purposes, as set out in this Policy.
We will collect, use and disclose Your Personal Information in accordance with the Act and this Policy.
Fulcrum may, from time to time, review and update this Policy to take account of new laws, regulations and technology and changes to Fulcrum’s operations, practices and corporate structure.
Types of Personal Information Collected
The type of information Fulcrum may collect and store includes (but is not limited to) Personal Information, including Your:
Personal Information may be collected by Fulcrum either through the contact form on the Website, over the phone, during face to face meetings, from emails or if the Personal Information is provided to Fulcrum by a third party (including at Fulcrum’s request), for example a company report issued by the Australian Securities and Investment Commission or the New Zealand Companies Office.
Usage Data is collected automatically when using the Website.
Usage Data may include information such as Your Device’s IP address, browser type, browser version, the pages of Our Website that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Website by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit Our Website or when You access the Website by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of Our Website.
For what purpose do We collect, use and hold Personal Information?
Fulcrum’s primary purpose for collecting, using and holding Personal Information is to enable Fulcrum to consider entering into arrangements to provide loans to production companies, and to then provide those loans. This may include (but is not limited to):
Where Fulcrum requests Personal Information about a client or prospective client, if the requested information is not provided, Fulcrum may not be able to continue dealing with the client or prospective client.
How and for how long do We hold Your Personal Information
Fulcrum holds the Personal Information it collects electronically on its cloud-based company servers. Some of these servers may be located outside Australia. Fulcrum will also store some Personal Information on local servers and in paper files.
Fulcrum will hold Your Personal Information only for as long as is necessary for the purposes set out in this Policy.
Usage Data is generally retained for a shorter period of time than other Personal Information, except when this data is used to strengthen the security or to improve the functionality of Our Website, or We are legally obligated to retain this data for longer time periods.
Disclosure of Your Personal Information
We may share Your Personal Information between the companies in the Fulcrum company group, including its related parties.
We may also share Your Personal Information to:
Under certain circumstances, Fulcrum may be required to disclose Your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Fulcrum may also disclose Your Personal Information in the good faith belief that such action is necessary to:
Do We disclose Your Personal Information to Overseas recipients?
We may disclose Your Personal Information to recipients located outside Australia. This may include:
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party websites.
Notifiable Data Breaches
We will notify You and the OAIC as soon as practicable of any Notifiable Data Breach in relation to Your Personal Information.
If You believe there has been a Notifiable Data Breach in respect of Personal Information in Our control but that We have not notified either You or the OAIC, please contact Us immediately by phoning: 00 61 2 9357 0720.
Complaints regarding privacy
If You have any complaints or concerns regarding Our collection, use or disclosure of Your Personal Information, You can contact Our Compliance Officer by phoning: 00 61 2 9357 0720.
If You are not satisfied with Our response to Your complaint, You may make a complaint to the OAIC (www.oaic.gov.au).