01About this policy

Brizo Cap Pty Ltd ABN 72 637 641 895 (Brizo, we, us, our) respects your privacy. This policy explains how we collect, hold, use and disclose personal information, and how you can access, correct or complain about our handling of it.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the thirteen Australian Privacy Principles (APPs). This policy applies to www.brizo.com.au and to our advisory and consulting services.

By using the Website or engaging our services, you consent to the handling of your personal information as described here.

02What personal information we collect

We collect only the personal information reasonably necessary for our functions and activities. This ordinarily includes:

• Contact and identity information — name, business name, position or title, email address, telephone number, and postal or business address.
• Enquiry and engagement information — the content of your enquiry or booking request, the nature of your business, indicative revenue range, your objectives (for example, whether you are considering a capital raise or a sale), and your preferred timing.
• Business and financial information provided during an engagement — financial statements, management accounts, tax records, contracts, shareholder and capitalisation details, and operational documents. This material commonly contains personal information about directors, shareholders, employees and other individuals.
• Meeting and correspondence records — notes of calls and meetings, email and message correspondence, and file records.
• Technical and Website information — IP address, browser type and version, device and operating system, referring page, pages visited, time and duration of visit, and similar analytics data.

03Sensitive information

We do not seek sensitive information as defined in the Privacy Act (such as health information, or information about racial or ethnic origin, political opinions, religious beliefs, sexual orientation or criminal record).

If sensitive information is provided to us incidentally within business records, we will handle it in accordance with APP 3 and this policy, and will not use or disclose it for any purpose other than the purpose for which it was provided, unless required or authorised by law.

04How we collect personal information

We collect personal information directly from you wherever reasonably practicable — through the booking form or scheduling tool on the Website, by email or telephone, in meetings, and through documents you provide during an engagement.

We may also collect personal information from third parties, including publicly available sources such as ASIC and ABN registers, company websites and professional networking platforms; your professional advisers (accountants, lawyers, brokers) where you have authorised this; and referrers who introduce you to us.

Collection about third parties

If you provide us with personal information about another individual (for example a co-director, shareholder or employee), you must ensure you are entitled to do so and that the individual is aware of this policy and how their information will be handled.

Unsolicited information

If we receive personal information we did not solicit and could not have collected under APP 3, we will destroy or de-identify it if lawful and reasonable to do so.

05Anonymity and pseudonymity

You may browse the Website without identifying yourself. However, we generally cannot respond to enquiries, arrange a readiness assessment, or deliver advisory services without knowing who you are and who you represent.

06Why we collect, hold and use personal information

We use personal information to:

• (a) respond to enquiries and arrange and conduct readiness assessments;
• (b) assess whether an engagement is appropriate and provide our advisory and consulting services;
• (c) prepare deliverables including readiness assessments, gap analyses, information memoranda, investor materials and data room indexes;
• (d) communicate with you and your advisers about a matter;
• (e) issue invoices, process payments and maintain financial records;
• (f) maintain client records and manage conflicts of interest;
• (g) improve the Website and our services, including through analytics;
• (h) send you information about our services where you have consented or would reasonably expect it; and
• (i) comply with our legal, regulatory, insurance and professional obligations.

We will not use personal information for a secondary purpose unless you would reasonably expect it and it is related to the primary purpose (or, for sensitive information, directly related), you have consented, or it is required or authorised by law.

07Direct marketing

We may send you information about our services by email. Every marketing communication includes an unsubscribe facility, and you may opt out at any time by using that facility or contacting us at jeremy@brizo.com.au. We will action opt-out requests promptly and at no cost.

We do not sell, rent or trade personal information to third parties for their marketing purposes.

08Disclosure of personal information

We may otherwise disclose personal information to:

• (a) our personnel, contractors and professional advisers who need it to perform their role;
• (b) your own advisers (accountants, lawyers, bankers) where you have authorised this;
• (c) service providers who support our business, including cloud hosting, email and productivity platforms, scheduling and booking tools, virtual data room providers, accounting and invoicing software, customer relationship management systems, and analytics providers;
• (d) our insurers and professional indemnity advisers; and
• (e) a court, tribunal, regulator or government agency where required or authorised by law.

Where we engage service providers, we take reasonable steps to require them to handle personal information consistently with the APPs.

09Overseas disclosure

Some of our service providers store or process data outside Australia. Based on our current arrangements, the likely countries include the United States and other jurisdictions in which major cloud, email, scheduling and data room providers operate data centres, which may include the European Union, the United Kingdom and Singapore.

Before disclosing personal information to an overseas recipient we take steps reasonable in the circumstances to ensure the recipient does not breach the APPs, including through contractual commitments and by selecting providers with recognised security and privacy standards. Where practicable we select providers offering Australian data residency.

10Security, storage and retention

We hold personal information in electronic form on secured systems and, where relevant, in physical files at our premises. We take reasonable steps to protect it from misuse, interference and loss, and from unauthorised access, modification or disclosure. Measures include access controls and authentication, encryption in transit, restricted permissions on data rooms and shared files, confidentiality obligations on personnel, and secure disposal practices.

No method of transmission or storage is completely secure. Information you send us by email or over the internet is transmitted at your own risk.

Notifiable data breaches

If we become aware of unauthorised access to, disclosure of, or loss of personal information likely to result in serious harm, we will assess the incident and, where the Notifiable Data Breaches scheme applies, notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by Part IIIC of the Privacy Act.

Retention

We retain personal information for as long as necessary for the purposes for which it was collected and to meet our legal, professional, insurance and record-keeping obligations — ordinarily at least seven years after an engagement ends. When no longer required, we destroy or de-identify it by secure means.

11Cookies and Website analytics

The Website may use cookies and similar technologies to enable core functionality, remember preferences and measure usage. Analytics data is generally aggregated and not used to identify individuals.

Most browsers allow you to refuse or delete cookies through their settings. Disabling cookies may affect the functionality of some parts of the Website.

The Website links to a third-party scheduling platform for booking assessments. Information you enter on that platform is also subject to the platform provider's own privacy policy.

12Third-party links

The Website may contain links to third-party sites. We are not responsible for the privacy practices or content of those sites, and we encourage you to read their privacy policies.

13Accessing and correcting your personal information

You may request access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading. Requests should be made to jeremy@brizo.com.au.

We will require reasonable proof of identity. We aim to respond within 30 days. Access is generally provided free of charge, although we may charge a reasonable fee for the cost of retrieval and supply in the case of extensive requests (we will tell you before any fee is incurred).

We may refuse access or correction in limited circumstances permitted by the APPs — for example where granting access would unreasonably affect another person's privacy, relate to anticipated legal proceedings, or be unlawful. If we refuse, we will give you written reasons and explain how to complain. If we refuse to correct information, you may ask us to attach a statement noting your view, and we will take reasonable steps to do so.

14Complaints

If you believe we have breached the APPs or otherwise mishandled your personal information, please contact us first:

Please set out the nature of your complaint and how you would like it resolved. We will acknowledge your complaint promptly, investigate it, and respond in writing — ordinarily within 30 days.

If you are not satisfied with our response, you may refer the matter to the OAIC:

15Changes to this policy

We may update this policy from time to time. The current version is always published at www.brizo.com.au with the "last updated" date shown above. Material changes will be highlighted on the Website.

01About these terms

These terms govern your access to and use of www.brizo.com.au (the Website), operated by Brizo Cap Pty Ltd ABN 72 637 641 895 (Brizo, we, us, our).

By accessing or using the Website you agree to these terms. If you do not agree, do not use the Website.

These terms govern Website use only. Where you engage Brizo to provide services, a separate written engagement letter or services agreement will apply, and that agreement prevails over these terms to the extent of any inconsistency.

02Scope of services — important limitations

2.1 What Brizo does

Brizo provides transaction advisory and consulting services to Australian businesses. Our work involves assessing a business's readiness for a capital raise or a sale, identifying and helping remediate gaps, and preparing supporting materials, documentation and process management.

2.2 What Brizo does not do

• (a) raise capital. We do not raise, procure, arrange or solicit capital, debt or equity funding for any client or on any client's behalf;
• (b) hold client funds. We do not receive, hold, control or deal with client money, client property or trust funds of any kind;
• (c) provide financial product advice. We do not provide financial product advice, whether personal or general, within the meaning of the Corporations Act 2001 (Cth). We do not recommend, arrange, issue, deal in or make a market in any financial product, and we do not provide advice about whether any person should acquire or dispose of a financial product;
• (d) act as an intermediary in capital raising. We do not act as a broker, dealer, placement agent, underwriter, lead manager or intermediary between a client and any investor, acquirer, lender or other party in a capital raising or securities transaction. Introducing a client to an independently licensed adviser is not, and must not be treated as, the provision of that adviser's services by us;
• (e) provide legal, accounting, taxation, audit or valuation services. Our work is advisory and preparatory. It is not a legal opinion, an audit, a statutory or independent valuation, a tax opinion, or an assurance engagement; and
• (f) guarantee outcomes. We do not guarantee that any raise or sale will occur, complete, or achieve any particular price, multiple, valuation, terms or timeframe.

2.3 No AFS licence

Brizo does not hold an Australian Financial Services Licence and does not carry on a financial services business. Nothing on the Website or in our services is, or should be construed as, financial product advice, a securities recommendation, an offer or invitation to acquire or dispose of a financial product, or a prospectus, product disclosure statement or other disclosure document.

2.4 No credit services

Brizo does not hold an Australian Credit Licence and does not provide credit assistance or credit services within the meaning of the National Consumer Credit Protection Act 2009 (Cth).

2.5 Independent advice

Any transaction involving a capital raise, sale of business, sale of shares or similar dealing requires independent legal, accounting, taxation and, where applicable, licensed financial services advice. You must obtain that advice from appropriately qualified and licensed advisers. Brizo's role is complementary to, and not a substitute for, those advisers.

2.6 Referrals and referral fees

We may refer you to independent third parties who hold the licences required to provide legal, accounting, taxation, valuation or financial services. Any such party is engaged by you directly, on their own terms, and we do not supervise, warrant or accept responsibility for their advice or conduct.

We may receive a referral fee or other benefit in connection with an introduction. Where that is the case, we will disclose the existence and basis of the fee to you in writing before the introduction is made. You are under no obligation to engage any party we refer.

2.7 Client responsibility

Our work depends on information supplied by you. You are responsible for the accuracy, completeness and currency of information provided, and for all decisions you make in relation to a raise, sale or transaction. Those decisions are yours alone.

03Website content is general information only

3.1 Website content — including descriptions of our framework, timelines, indicative scores, sample assessments, case examples and commentary — is provided for general information only. It does not take into account your objectives, financial situation or needs, and is not advice of any kind on which you should act.

3.2 Any figures, scores, timeframes, ranges or illustrations shown on the Website are indicative and illustrative only. They are not predictions, forecasts, benchmarks or representations about outcomes for any particular business.

3.3 While we take care to keep the Website accurate and current, we do not warrant that content is accurate, complete, current or free from error, or that the Website will be available uninterrupted or free from viruses or other harmful components.

04Acceptable use

You must not:

• (a) use the Website for any unlawful purpose or in breach of these terms;
• (b) attempt to gain unauthorised access to the Website, its servers, or any connected system or network;
• (c) introduce any virus, malware, trojan or other harmful code;
• (d) interfere with, disrupt or impose an unreasonable load on the Website or its infrastructure;
• (e) use robots, spiders, scrapers or other automated means to access, monitor, copy or extract content, except for search engine indexing conducted in accordance with our robots file;
• (f) use Website content to train or develop any machine learning or artificial intelligence model;
• (g) collect or harvest personal information from the Website;
• (h) submit false, misleading or deceptive information through any Website form; or
• (i) impersonate any person or misrepresent your affiliation with any person or entity.

We may suspend or terminate your access to the Website at any time, without notice, where we reasonably consider your use breaches these terms or poses a risk to us or other users.

05Enquiries and bookings

5.1 Submitting an enquiry or booking an assessment through the Website does not create a client relationship or oblige Brizo to accept an engagement. We may decline any enquiry at our discretion, including on conflict of interest grounds.

5.2 An engagement commences only when both parties sign a written engagement letter or services agreement.

5.3 Do not send confidential or sensitive business information through the Website or by unsecured email before an engagement is documented and, where appropriate, a confidentiality agreement is executed.

5.4 Booking is facilitated through a third-party scheduling platform. Your use of that platform is subject to the platform provider's own terms and privacy policy.

06Intellectual property

6.1 All intellectual property rights in the Website and its content are owned by or licensed to Brizo. Our full Copyright Notice forms part of these terms.

6.2 Nothing in these terms transfers any intellectual property right to you. You are granted a limited, revocable, non-exclusive, non-transferable licence to access and view the Website for the permitted purposes set out in the Copyright Notice.

6.3 The Brizo name, chevron mark and wordmark are our trade marks and may not be used without our written consent.

6.4 Any feedback or suggestions you provide about the Website may be used by us without restriction, obligation or compensation.

07Third-party links

The Website may link to third-party websites, platforms and resources. Those links are provided for convenience only. We do not endorse, control or accept responsibility for third-party content, products, services or privacy practices, and your dealings with third parties are at your own risk.

08Privacy

Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these terms.

09Disclaimers and limitation of liability

9.1 Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law where doing so would be unlawful or void. Where a consumer guarantee applies and cannot be excluded, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

9.2 Exclusion

Subject to clause 9.1, and to the maximum extent permitted by law, all conditions, warranties, guarantees and representations not expressly set out in these terms are excluded.

9.3 No liability for reliance

Subject to clause 9.1, and to the maximum extent permitted by law, Brizo is not liable for any loss or damage arising from your reliance on Website content, including any decision made or not made about a capital raise, sale, investment, divestment or other transaction.

9.4 Consequential loss

Subject to clause 9.1, and to the maximum extent permitted by law, Brizo is not liable for any indirect, special or consequential loss, or for loss of profit, revenue, business opportunity, anticipated savings, goodwill, data or valuation, however arising, whether in contract, tort (including negligence), statute or otherwise.

9.5 Cap

Subject to clause 9.1, and to the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Website is limited to AUD $100.

9.6 Availability

We do not warrant that the Website will be available without interruption, and we are not liable for any loss arising from unavailability, delay, or the acts or omissions of hosting or third-party providers.

9.7 Professional standards legislation

Where applicable, our liability may be limited by a scheme approved under professional standards legislation.

10Indemnity

To the maximum extent permitted by law, you indemnify Brizo and its officers, employees and contractors against any loss, damage, cost or expense (including reasonable legal costs) arising from your breach of these terms, your unlawful use of the Website, or your infringement of any third party's rights.

11Changes

We may amend these terms at any time by publishing an updated version on the Website. Changes take effect when published. Your continued use of the Website after publication constitutes acceptance. Please review these terms periodically.

We may also modify, suspend or discontinue any part of the Website at any time without notice or liability.

12Governing law and jurisdiction

These terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.

The Website is directed at users in Australia. If you access it from outside Australia, you do so on your own initiative and are responsible for compliance with local law.

13Dispute resolution

13.1 If a dispute arises in connection with the Website or these terms, the party raising it must give the other written notice setting out the nature of the dispute, the outcome sought, and the action believed will settle it.

13.2 The parties must use reasonable endeavours to resolve the dispute by negotiation in good faith within 21 days of the notice.

13.3 If the dispute is not resolved within that period, the parties must refer it to mediation administered by the Australian Disputes Centre in Sydney, in accordance with its Guidelines for Commercial Mediation. The parties share the mediator's costs equally and bear their own costs.

13.4 A party must not commence court proceedings until it has complied with clauses 13.1 to 13.3, except for urgent interlocutory or injunctive relief.

14General

• 14.1 Severability. If any provision is found invalid or unenforceable, it is severed and the remaining provisions continue in force.
• 14.2 Waiver. A failure or delay in exercising a right does not waive it. Waiver must be in writing.
• 14.3 Entire agreement. These terms, together with the Privacy Policy and Copyright Notice, constitute the entire agreement between you and Brizo in relation to Website use.
• 14.4 Assignment. You may not assign your rights under these terms. We may assign or novate our rights on notice to you.
• 14.5 Survival. Clauses 2, 6, 9, 10, 12 and 13 survive termination of your access to the Website.

15Contact

01Ownership of content

All content on www.brizo.com.au (the Website) is owned by or licensed to Brizo Cap Pty Ltd ABN 72 637 641 895 (Brizo, we, us, our) and is protected by the Copyright Act 1968 (Cth) and applicable international copyright laws.

Protected content includes, without limitation:

• Text, headings and written copy
• The Brizo name, logo, chevron mark and wordmark
• Page layout, design, colour palette and typography
• Graphics, diagrams, illustrations and data visualisations
• Frameworks, methodologies and process models described on the Website
• Photographs and imagery
• Source code, stylesheets and scripts
• Any downloadable materials

02Third-party material

Some material on the Website is used under licence from third parties, including typefaces and any stock imagery. Ownership of that material remains with the relevant rights holder.

03Permitted use

You may view the Website, and print or download extracts, for your own personal, non-commercial reference or for the internal purposes of a business assessing whether to engage Brizo. Any permitted copy must retain all copyright and proprietary notices.

Fair dealing rights under the Copyright Act 1968 (Cth) — including for research, study, criticism, review, parody, satire or news reporting — are unaffected by this notice.

04Restricted use

Except as permitted above or by law, you must not, without our prior written consent:

• (a) reproduce, republish, upload, post, transmit or distribute Website content;
• (b) adapt, modify, translate or create derivative works from Website content;
• (c) use Website content for any commercial purpose, including in a competing service or marketing material;
• (d) frame, mirror or scrape the Website, or extract content by automated means including data mining, robots or similar data gathering tools;
• (e) use Website content to train, fine-tune or develop any machine learning or artificial intelligence model; or
• (f) remove, obscure or alter any copyright, trade mark or proprietary notice.

05Trade marks

The Brizo name, the Brizo chevron mark, and the Brizo wordmark are trade marks of Brizo Cap Pty Ltd, whether registered or unregistered. Nothing on the Website grants any licence or right to use them.

06Requests and complaints

To request permission to use our content, or to notify us of suspected infringement of your copyright by material on the Website, contact us using the details below.

Please include details sufficient to identify the material, your interest in it, and your contact details. We will investigate and, where appropriate, remove or amend the material.

07Enforcement

Brizo reserves all rights not expressly granted and may take action to enforce its intellectual property rights, including seeking injunctive relief, damages and costs.