PRIVACY POLICY

Prepared for: THE HERDSMAN MARKET

Effective Date: 11/05/2026

1. Introduction

THE HERDSMAN MARKET (“we,” “us,” “our,” or “Company”) is a service business based in 9 Flynn Street, Churchlands 6018. This Privacy Policy explains how we collect, use, store, share, and protect personal information across our website, applications, services, and platforms, including our ChatGPT-powered digital guidance app.

This policy applies to:

Visitors to theherdsman.com.au and our website
Users of our ChatGPT app and other digital platforms
The Herdsman Market clients who engage our services
Prospects who contact us for information or consultations
Anyone who provides information through forms, apps, or communications

By accessing our website, app, or services, you agree to this Privacy Policy. If you do not agree, please do not use our services.

2. Data Categories Collected

2.1 Information You Provide Directly

Contact Forms and Inquiries

Name
Email address
Phone number
Business name and industry
Message content or inquiry description
Any other information you choose to provide

Consultation and Appointment Booking

Name, email, phone number
Preferred date and time
Business type and current challenges
Budget and timeline information
Any relevant business context

Service Engagement Data

Company information and structure
Website details and analytics
Business goals and objectives
Competitor information (if provided)
Financial information (for proposal development)
Performance metrics and historical data

Communication and Correspondence

Email messages and attachments
Phone call summaries and notes
Chat messages and conversation history
Meeting notes and feedback
Support requests and technical issues

ChatGPT App Interactions

Questions asked within the app
Conversation history and responses
Inquiry details submitted through app forms
Appointment booking information
Free-text messages and content submitted

2.2 Information Automatically Collected

Website and App Technical Data

IP address and geolocation data
Device type, operating system, browser version
Pages visited, time spent on each page
Links clicked and navigation patterns
Referring source and exit pages
Session information and cookies

Usage Analytics and Behavioural Data

How you interact with our website and app
Which services or content you view
Search queries and keywords used
Form submission patterns
Download and file access activity
Video or content engagement metrics

ChatGPT App and AI Processing Data

Questions submitted to the AI chatbot
Queries and prompts entered
Response selections and feedback
Conversation flow and interaction patterns
Time spent in conversation
Features used within the app

Communication Metadata

Email open rates and click-through rates
Call duration and frequency
Message delivery and read status
Device information from communications

3. Conversational Content and AI/LLM Data

3.1 ChatGPT App Data Collection

When you interact with our ChatGPT-powered app, we collect:

The questions and prompts you submit
The responses generated by the AI
Your feedback on response helpfulness
Conversation history and context
Time and date of interactions
Your account information (if applicable)

3.2 How Conversational Data is Used

Your conversation data may be used for:

Immediate Response: To answer your specific questions and provide guidance
Service Improvement: To refine the app’s accuracy and relevance
Analytics: To understand common challenges and questions across users
Model Training: To improve underlying AI models (subject to your consent preferences)
Personalisation: To tailor recommendations based on your business context
Research: To generate insights about industry trends

3.3 Storage and Third-Party Processing

NoodleSeed Platform

Your conversation data is stored and processed by NoodleSeed, which acts as our data processor. NoodleSeed implements security measures to protect your information and uses it only as instructed by The Herdsman Market.

OpenAI Integration

The ChatGPT app uses OpenAI’s technology to generate responses. Your conversational data may be processed by OpenAI in accordance with their Privacy Policy (https://openai.com/privacy). By using the app, you consent to OpenAI processing your data.

Data Retention for Conversational Content

Public/non-customer users: 6 months
Registered customers: 6 months
Deleted automatically after retention period or upon account deletion
You may request earlier deletion at any time

3.4 AI Model Training and Improvement

By default, your conversation data may be used to train and improve AI models. You can opt out of this use by:

Contacting us at the email address listed in Section 18 with the subject line “Opt-Out of AI Training”
Specifying the data you want excluded
We will flag your account accordingly
Note: This does not affect real-time responses to your queries

4. Usage Purposes

We collect and use your information for the following purposes:

4.1 Service Delivery

Respond to inquiries and provide information
Deliver consulting, strategy, and services
Schedule and manage appointments and meetings
Generate proposals, reports, and strategy documents
Provide ongoing support and account management

4.2 Business Operations

Maintain accurate client and prospect records
Process payments and manage billing
Manage contracts and service agreements
Track project progress and deliverables
Document communications and decisions

4.3 Marketing and Business Development

Identify potential clients based on inquiry patterns
Develop case studies and success stories (with permission)
Understand market challenges and opportunities
Refine our service offerings and positioning
Create targeted marketing campaigns
Build prospect databases and pipelines

4.4 Analytics and Improvement

Analyse website usage and user behaviour
Track which content and services generate interest
Measure campaign effectiveness
Identify technical issues or usability problems
Generate aggregate insights about market trends
Improve app functionality and accuracy

4.5 Communication

Send appointment reminders and confirmations
Provide service updates and important notices
Share educational content and resources
Follow up on inquiries or proposals
Request feedback on services
Send promotional materials (with consent)

4.6 Compliance and Legal

Meet legal obligations (Australian Privacy Act, GDPR, etc.)
Enforce terms of service and contracts
Prevent fraud, abuse, or unauthorised access
Protect against security threats
Respond to lawful requests from authorities
Maintain audit trails and compliance records

5. Data Recipients and Third-Party Sharing

5.1 Data Processors and Service Providers

We share your information with trusted partners who process data on our behalf:

Platform and Hosting

NoodleSeed (app platform, data storage, and processing)
Website hosting and security providers

AI and Automation

OpenAI (ChatGPT integration and LLM processing)
AI/machine learning service providers

Analytics and Tracking

Tracking and attribution tools
Heatmap and session recording tools

Business Operations

Accounting and payroll services
Legal and compliance advisors
Insurance providers

5.2 How Data is Shared Internally

Sales and business development teams receive inquiry information
Service delivery teams receive client data
Analytics and operations teams receive aggregated usage data
Management receives performance dashboards and insights

5.3 Data We Do NOT Share

We do not sell personal information to third parties
We do not rent or lease contact lists
We do not share data with unaffiliated marketing companies
We do not disclose data to data brokers

5.4 Sharing with Legal Authority

We may disclose information if required by law, court order, or government request, or if we believe disclosure is necessary to comply with legal obligations, enforce our terms of service, protect against fraud or security threats, or protect the rights, safety, or property of The Herdsman Market, our users, or the public.

6. Data Retention

6.1 Retention Periods by Data Category

Website Visitor Data

Analytics data: 90 days (aggregated)
IP logs: 30 days
Cookie data: Until browser cleared or cookie expires

Contact Form Submissions

Retained for 12 months from submission
Deleted after retention period unless you become a client
May be retained longer for legal compliance

Email Communications

Retained for 24 months for reference
Older emails archived securely
Business-critical emails retained per compliance requirements

ChatGPT App Conversations

Public/non-customer: 6 months
Registered customers: 6 months
Deleted automatically or upon request

Appointment and Booking Data

Retained for 6 months
May be retained longer if you become a client
Deleted upon written request (subject to legal hold)

Client Data and Service Engagement

Retained for duration of service relationship
Retained for 7 years after engagement ends (per tax/legal requirements)
Longer retention may apply for ongoing legal or contractual obligations

Marketing and Prospect Data

Retained in CRM system until opt-out or 2 years of inactivity
Deleted upon request to unsubscribe

Analytics and Technical Data

Aggregated data: Retained indefinitely (anonymised)
Individual tracking data: 90 days
Deleted when no longer needed for operational purposes

6.2 Data Deletion

Upon request, we will delete your personal information within 30 days, except data required for legal compliance or tax obligations, data necessary to enforce contracts, anonymised or aggregated data, and data already provided to third parties (where deletion requires their action).

To request deletion, contact: marketing@theherdsman.com.au

7. User Rights and Controls

7.1 Your Rights

Right to Access

You may request a copy of your personal information. We will provide it within 30 days in a readable format.

Right to Correct

You may request correction of inaccurate or incomplete information. We will update within 30 days.

Right to Delete

You may request deletion of your personal information. We will delete within 30 days unless legal obligations require retention.

Right to Data Portability

You may request your data in a portable, machine-readable format (CSV, JSON, etc.). We will provide within 30 days.

Right to Opt-Out

Opt out of marketing communications by clicking “unsubscribe” in emails
Opt out of AI model training for conversational data
Opt out of analytics and tracking (some functionality may be limited)

Right to Restrict Processing

You may restrict how we use your data in certain circumstances. We will honour reasonable restrictions while maintaining core service functionality.

Right to Object

You may object to processing of your data, particularly for marketing or analytics purposes.

7.2 How to Exercise Your Rights

Email: marketing@theherdsman.com.au
Phone: (08) 9383 7733
Mailing Address: 9 Flynn Street Churchlands WA 6018
Website: https://theherdsman.com.au/contact-us

Include your full name, email address or account ID, the specific right you are exercising (access, correct, delete, etc.), and a description of your request.

We will respond within 30 days. Complex requests may take an additional 30 days.

7.3 Account Controls

If you have a user account, you may:

Access and view your stored information
Update profile and contact information
Download or export your data
Adjust privacy and preference settings
Delete your account (see Section 6.2)
Manage communication preferences

8. Security and Data Protection

8.1 Security Measures

The Herdsman Market implements industry-standard security practices:

Technical Security

SSL/TLS encryption for data in transit
Encrypted storage for sensitive data at rest
Firewalls and intrusion detection systems
Regular security audits and penetration testing
Secure API endpoints and authentication

Administrative Security

Access controls limiting data to authorised personnel
Employee confidentiality agreements
Privacy and data handling training for all staff
Role-based access control
Audit logs and monitoring

Physical Security

Secure data centres with restricted access
Backup systems and disaster recovery protocols
Secure handling of physical documents

8.2 Limitations

While we take security seriously, no system is 100% secure. We cannot guarantee absolute protection. Use the app and services at your own risk.

8.3 Data Breach Notification

If we discover a breach affecting your personal information, we will:

Notify you without undue delay (within 30 days)
Provide details of the breach and affected data
Suggest steps to protect yourself
Notify relevant authorities where required by law

9. Children’s Privacy

The App and services are not intended for users under 18 years old. We do not knowingly collect information from minors. If we become aware a minor has submitted information, we will delete it immediately and request age verification.

10. International Data Transfers

The Herdsman Market is based in Australia. Your information may be transferred to, stored in, and processed in Australia or countries where our service providers operate (including OpenAI, NoodleSeed, and cloud providers).

For EU/EEA Users: When information is transferred outside the EU/EEA, we implement Standard Contractual Clauses (SCCs) or other legal mechanisms to ensure adequate GDPR protection.

By using our services, you consent to data transfers to countries that may not have the same data protection level as your home country.

11. Cookies and Tracking Technologies

11.1 Cookie Types

Essential Cookies (Required)

Session management
Security and fraud prevention
Basic functionality

Performance Cookies (Optional)

Analytics and usage tracking
Performance monitoring
User experience improvement

Marketing Cookies (Optional)

Personalised content and ads
Retargeting and remarketing
Social media integration

11.2 Cookie Management

You can control cookies through your browser settings. Disabling cookies may limit functionality.

11.3 Third-Party Tracking

Third parties may set their own cookies and tracking pixels. Review their privacy policies for details.

11.4 Do Not Track

We honour “Do Not Track” signals where technically feasible, though not all tracking can be disabled.

12. Compliance and Legal

12.1 Australian Privacy Act

The Herdsman Market complies with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs), including:

Lawful and fair collection
Limited use and disclosure
Data quality and security
User access and correction rights
Openness and complaint handling

12.2 GDPR (EU/EEA)

For users in the European Union and European Economic Area, we comply with GDPR:

Legal bases for processing (consent, contract, legitimate interests)
Data subject rights (access, correction, deletion, portability, etc.)
Data protection by design
Data breach notification (72 hours)
Data Processing Agreements with processors

12.3 CCPA/CPRA (California)

For California residents, we honour California Consumer Privacy Act rights:

Right to know what data we collect
Right to delete personal information
Right to correct inaccurate data
Right to opt-out of data sales/sharing (we do not sell data)
Right to limit use of sensitive personal information

13. Third-Party Links and Services

Our website and app may contain links to third-party websites and services. We are not responsible for their privacy practices. Review their privacy policies independently.

14. Updates to This Policy

We may update this Privacy Policy to reflect legal changes, new features, or business practices. We will:

Post updates here with a new “Last Updated” date
Notify users of material changes via email or prominent notice
Request consent if required by law

Your continued use of our services constitutes acceptance of updated policies.

15. Complaints and Dispute Resolution

15.1 Contact Us First

If you have privacy concerns:

The Herdsman Market Privacy Team

Email: marketing@theherdsman.com.au
Phone: (08) 9383 7733
Address: 9 Flynn Street, Churchlands WA 6018

We will investigate and respond within 30 days.

15.2 Regulatory Authorities

If dissatisfied with our response:

Australia (OAIC)

Office of the Australian Information Commissioner
Website: oaic.gov.au
Phone: 1300 363 992

EU/EEA (Data Protection Authority)

Contact your local DPA
European Data Protection Board: edpb.europa.eu

California (CCPA)

California Attorney General or California Privacy Protection Agency

16. Specific Notices for AI/LLM Processing

16.1 OpenAI Integration

The Herdsman Market app uses OpenAI’s technology. By using the app:

You consent to OpenAI processing your conversational data
OpenAI’s Privacy Policy applies in addition to ours
Your data may be used to train or improve OpenAI models
You may opt out of training data use (contact marketing@theherdsman.com.au

Review OpenAI’s Privacy Policy: https://openai.com/privacy

16.2 NoodleSeed Data Processing

Conversation and interaction data is processed by NoodleSeed:

NoodleSeed is our data processor, not a third-party recipient
Data is stored on NoodleSeed’s secure servers
NoodleSeed may use sub-processors (cloud providers, etc.)
Data is not shared with NoodleSeed’s other customers

The Herdsman Market remains responsible for your data

16.3 AI Model Training Opt-Out

If you do not want your conversation data used to train AI models:

Contact us at the email address in Section 18 with the subject “Opt-Out of AI Training”
Specify the data you want excluded
We will flag your account accordingly
Note: This does not affect real-time responses to your queries

17. Limitations and Disclaimers

This policy is for informational purposes. It is not a substitute for legal advice.

We Make No Warranties: This policy is provided “as-is” without warranties The Herdsman Market is not liable for unauthorised access, data loss, or breaches beyond our control.

Consult an Attorney: For specific legal guidance, consult a qualified privacy attorney regarding your situation.

18. Contact Information

The Herdsman Market Privacy and Compliance

Email: marketing@theherdsman.com.au
Phone: (08) 9383 7733
Mailing Address: 9 Flynn Street, Churchlands WA 6018
Website: theherdsman.com.au

For OpenAI Concerns:

Website: https://openai.com/privacy
Contact OpenAI directly

For NoodleSeed Concerns:

Contact The Herdsman Market Privacy Team for intermediary assistance

19. Acknowledgment

By using The Herdsman Market’s website, app, services, or platforms, you acknowledge that you have read, understood, and agree to this Privacy Policy and our collection and use of your information as described.

Document Control

Version Date Changes

1.0 11.05.2026 Initial publication

Next Review Date: 12.05.2027

End of Privacy Policy