Privacy Collection Notice – Small Business Month

Privacy Collection Notice 

The NSW Small Business Commission gives priority to protecting the privacy of your personal information. We do this by handling personal information in a responsible manner and in accordance with the Privacy and Personal Information Protection Act 1998.

Why are we collecting your personal information?

The NSW Small Business Commission is collecting your information for the following purposes:
• processing, reviewing and determining your Collaboration Partner Application Form;
• communicating with you and providing you with further information about the Collaboration Partner Program; and
• other directly related purposes.

Are you required by law to provide us with this information?

You are not required by law to provide us with the required information. The consequences of not providing your personal information are that we may not be able to process and assess your Collaboration Partner Application Form.

How we use and disclose your information

The NSW Small Business Commission may use the information you provide:
• to verify the information you provide;
• review your Collaboration Partner Application Form;
• contact you about your Collaboration Partner Application Form, including to confirm the information in your Collaboration Partner Application Form, to request additional information, and to discuss the outcome of your Collaboration Partner Application Form; and
• other directly related purposes.

The NSW Small Business Commission may disclose information in your application to:
• the Department of Customer Service for the purposes of administering, auditing, reporting and evaluating the NSW Small Business Month program; and
• NSW Police, if the NSW Small Business Commission reasonably suspects a case of fraud and other criminal activity.

The NSW Small Business Commission will not disclose your personal information to anyone else unless you provide your consent, or we are required or authorised to do so by law.

We will keep your information secure:

The NSW Small Business Commission will take reasonable security measures to protect the personal information that you provide, from loss, unauthorised access, use, modification, disclosure, or other misuse. Your personal information will be held and disposed of securely at the McKell Building, 2-24 Rawson Place, Sydney NSW 2000

Further Information

You have a right to access the personal information we hold about you at any time and can request that we update, correct or amend your personal information.

If you would like to make such a request, please contact the Small Business Month team at smallbusiness.month@smallbusiness.nsw.gov.au

If you decide to lodge a request for a privacy internal review, please complete the IPC’s generic form and lodge it with the Department of Customer Service’s Privacy Officer:

Email: privacy@customerservice.nsw.gov.au Phone: 13 77 88

Terms and Conditions

General

  1. The applicant must be duly authorised to submit this application form on behalf of their organisation. Additionally, the applicant must be duly authorised to accept and agree to these Terms and Conditions on behalf of their organisation.
  2.  
    • Partnerships are to be based on supporting and connecting small businesses. The partnership cannot be based on promoting or selling their product or service.
    • Partnership submissions from some organisations will not be accepted. This includes organisations that are primarily or exclusively aligned with religious or political groups, tobacco or illegal substances, or gambling. It also includes organisations aligned with any products or message that may cause offence or bring NSW Small Business Month or the NSW Government into disrepute.
    • Partnerships do not involve explicit or implicit endorsements of the collaboration partner or its products by the NSW Government.
    • If hosting an event (virtually or in person), the collaboration partner must provide complete event details for uploading to the Small Business Month webpage.
    • The collaboration partner must consider the current environment when planning the event(s) and hold events in accordance with legislation  in force (including, but not limited to, any legislation administered by NSW Health that restricts the ability of people to gather in one place, or generally). 
  3. The selection of collaboration partners is at the sole discretion of the NSW Government, whose decision is final. Once the application is approved by the NSW Small Business Commission, the organisation becomes a “collaboration partner” for NSW Small Business Month 2025. The NSW Government, at its sole discretion, reserves the right not to accept any collaboration partner.
  4. The NSW Government is not responsible or liable for any costs, liabilities or associated risks incurred by organisations when promoting and/or hosting their events and/or activities.
  5. Information provided by an organisation in its application or otherwise in accordance with these Terms and Conditions must be true and correct. It is a serious offence to provide false or misleading information to a public authority under Part 5A of the Crimes Act 1900 (NSW).
  6. By submitting this application, you agree: for your organisation name and any events hosted to be used in promotional material distributed and published by the NSW Small Business Commission, and; to be added to the NSW Small Business Month subscriber list to receive EDMs containing information related solely to the program.

Small Business Month Marketing Collateral

  1. Participating collaboration partners in the NSW Small Business Month 2025 will be granted access to a range of promotional material, including images, logos, social media tiles, and other forms of collateral (“the marketing collateral”) to be used in the promotion of NSW Small Business Month 2025 and their own individual NSW Small Business Month 2025 event(s).
  2. These Terms and Conditions set out the basis upon which a participating collaboration partner may access and use the marketing collateral.
  3. By accepting these Terms and Conditions, the participating collaboration partner agrees that they have read, understood and agrees to be bound by these Terms and Conditions. If the collaboration partner does not agree, the participating collaboration partner cannot proceed with accessing or using the marketing collateral.
  4. The participating collaboration partner warrants that they are authorised to accept these Terms and Conditions.

Licence

  1. The marketing collateral is either the intellectual property of the NSW Small Business Commission / Department of Customer Service, or NSW Small Business Commission / Department of Customer Service has procured the appropriate permission(s) to make the marketing collateral available for use by participating collaboration partners.
  2. The NSW Small Business Commission / Department of Customer Service grants to the participating collaboration partner a non-transferable, non-exclusive, revocable licence to use the marketing collateral on the basis of these Terms and Conditions. 
  3. The marketing collateral may only be used by the participating collaboration partner for the purpose of promoting NSW Small Business Month 2025 and their individual NSW Small Business Month 2025 event(s) (“Permitted Purpose”).
  4. Except for the usage rights granted in these terms, the participating collaboration partner has no right, title or interest in any of the marketing collateral.
  5. All rights not expressly granted in these Terms and Conditions are reserved by the NSW Small Business Commission / Department of Customer Service.

Eligibility for use

  1. The participating collaboration partner is eligible to access and use the marketing collateral due to their being a participating collaboration partner in NSW Small Business Month 2025.

Conditions of Use

  1. The marketing collateral must only be accessed and used for the Permitted Purpose.
  2. In using the marketing collateral for the Permitted Purpose, reference must clearly be made to NSW Small Business Month 2025 and the participating collaboration partner’s individual NSW Small Business Month 2025 event(s).
  3. The marketing collateral must not be shared with any third party.
  4. The participating collaboration partner must not use any of the marketing collateral in any way that is negative, derogatory or harmful to, or otherwise reflects adversely upon, or otherwise impacts negatively upon, the NSW Small Business Commission, or the Department of Customer Service, or the State of New South Wales.
  5. The participating collaboration partner must comply with all relevant industry standards and practices and all applicable laws and regulations.
  6. Defamatory, libellous, scandalous, misleading, pornographic or otherwise unlawful use of the marketing collateral is prohibited.
  7. The NSW Small Business Commission / Department of Customer Service may in its absolute discretion, and without notice, remove access to the marketing collateral.

Warranties and indemnity

  1. The participating collaboration partner hereby agrees to indemnify the NSW Small Business Commission / Department of Customer Service / the State of New South Wales against any claim, action, damage, loss, liability of any kind, costs, charge, expenses, outgoings or payments suffered, paid or incurred, either directly or indirectly, by the NSW Small Business Commission / Department of Customer Service / the State of New South Wales as a result of any use of any marketing collateral by the participating collaboration partner.
  2. To the extent permitted by law, the NSW Small Business Commission / Department of Customer Service / the State of New South Wales shall not be liable to the participating collaboration partner, or any other person or entity for any general, special, specific, direct, indirect, consequential, incidental, or other damage or loss arising out of these Terms and Conditions or otherwise.

Commencement, duration and termination of right

  1. The licence / usage rights will commence when both of the following events have occurred:
    (a) The participating collaboration partner accepts these Terms and Conditions; and
    (b) Following acceptance of these Terms and Conditions, the participating collaboration partner accesses the marketing collateral.
  2. The licence / usage rights provided in these Terms and Conditions will terminate automatically by written notice to the participating collaboration partner if:
    (a) The participating collaboration partner fails to comply with any provision of these Terms and Conditions; or
    (b) The NSW Small Business Commission / Department of Customer Service considers in its sole discretion that the participating collaboration partner’s use of the marketing collateral is negative, derogatory or harmful to, or otherwise reflects adversely upon, or otherwise impacts negatively upon, the NSW Small Business Commission, or the Department of Customer Service, or the State of New South Wales; or
    (c) The NSW Small Business Commission / Department of Customer Service determines that the use of the material infringes or potentially infringes third party rights, or
    (d) The collaboration partner is no longer eligible to access or use the marketing collateral.
  3. The licence / usage rights will otherwise terminate automatically at the conclusion of the participating collaboration partner’s involvement in the NSW Small Business Month 2025.
  4. Upon termination, all usage rights granted to the participating collaboration partner will immediately cease and the participating collaboration partner must immediately:
    (a) Stop using the marketing collateral; and
    (b) Delete and/or destroy the marketing collateral and all copies of it.

General provisions

  1. If any part of these Terms and Conditions are held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible, and the remainder will remain in full force and effect.
  2. The participating collaboration partner is responsible for ensuring their own compliance with the laws of the State of New South Wales in the Commonwealth of Australia with respect to their use of the marketing collateral.

Survival

  1. All of the following clauses will survive termination of this Agreement:
    • Clauses 11 to 15 inclusive (License)
    • Clauses 24 and 25 (Warranties & Indemnity)
    • Clauses 4, 30 and 31 (General provisions)
    • Clause 32 (Survival)
    • Clause 33 (Severability) and
    • Clause 34 (Jurisdiction)

Severability

  1. If a court determines that a word, phrase, sentence, paragraph or provision in these Terms and Conditions is unenforceable, illegal or void then it shall be severed, and the other provisions of the Terms and Conditions shall remain operative.

Jurisdiction

  1. This Agreement is governed by the laws of the State of New South Wales in the Commonwealth of Australia and each party hereby irrevocably submits to the exclusive jurisdiction of the Courts of New South Wales.