COLLECTION of PERSONAL INFORMATION
The Company may collect (without any limitation) and use the following kinds of information:
Information about your use of the Website (including your IP address; browser type; your location; device identification number; language; operating system; pages viewed while browsing the website; page access times; “cookies”; and referring website address);
Information procured in order to provide the Services, including property information as disclosed by you in the property brief (enclosed in our terms) and bank account details; and
Information about your personal details (including name; telephone contact details; address information; email; and payment information).
Information about your personal information may be collected from you in a variety of ways, including but not limited to:
When you agree for the Company to provide the Services, through our Website or manually;
When you interact with the Company electronically or in person;
When you access the Company’s Website; and
When the Company provides the Services to you.
USE AND DISCLOSURE of PERSONAL INFORMATION
The Company may use your personal information to:
Enable your access to the Website;
Track usage and measure traffic statistics of the Website;
Supply to you the Services that you request;
Receive and/or access information from third party providers for the provision of our Services to you;
Contact you regarding your use of the Services offered by the Company;
Contact you in relation to comments, complaints, enquiries or dispute resolution;
Invoice you for fees we charge relating to the Services;
Communicate with third party providers or associate parties with respect to the provision of the Services; and
Send you marketing communications.
DISCLOSURE of YOUR PERSONAL INFORMATION
The Company will not disclose personal information about you, unless it is required, incidental or otherwise related to the primary purpose of providing Services to you or to a third party (for which such disclosure you have consented to). However, the Company may disclose your personal information to its business partners who can assist them to provide Services to you as a customer.
The Company, in its sole discretion, may disclose your personal information if it is required to do so by law or legal process, including:
In order to establish, exercise or defend its legal rights;
As required or authorised by law; or
To the extent required to permit the Company to investigate suspected fraud, harassment or other violations of any law, rule or regulation, our policies, or the rights of third parties or any other suspected conduct the Company deem improper.
The Company may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of the Company, the Website, its customers or third parties.
If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. The Company only discloses personal information in good faith and where required by any of the above circumstances.
SECURITY AND ACCURACY
It is important that you advise the Company of changes to your personal information that you have provided to the Company as it is essential that your personal information is accurate, complete, and up-to-date in order for the Company to provide the Services to you.
The Company will take commercially reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification and disclosure. However, the Company is not liable for any unauthorised access to this information.
The Company will take commercially reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes of providing our Services to you and where the Company is not required to retain that information by law.
ACCESS AND CORRECTION
You are responsible to ensure that the information you provide to the Company is accurate, complete and up-to-date.
By request, you may contact the Company and ask to know what sort of personal information is held about you, for what purposes, and how it is collected, held, used and disclosed.
By request, you may access your personal information by contacting the Company at email@example.com. The Company reserves the right to charge a reasonable administration fee for this access.
The Company in its sole discretion, may consider that there is a sound reason under the Privacy Act, Freedom of Information Act or other relevant law to withhold personal information, or not make the requested changes.
IDENTIFIERS AND ANONYMITY
You acknowledge that the Company retains, collects and maintains your personal information for statistical analysis purposes (whether for commercial or non-commercial purposes). You agree that the Company may share, distribute and/or transfer information which you have provided to the Company to third parties, after that information has been de-identified.
TRANS-BORDER DATA FLOWS
The Company may use cloud services, and as such, its servers may be located in Australia or overseas and you acknowledge, agree and understand that your personal information may be transferred and stored in Australia and other foreign jurisdictions which the cloud services may direct the data to be stored. You agree for us to transfer your information into foreign jurisdictions for the purposes of providing you with the Services.
In addition to the above, the Company will transfer personal information to someone who is in a foreign country where:
The Company reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the Australian Privacy Principles;
The individual consents to the transfer;
The transfer is necessary for the performance of a contract between you and the Company, or for the implementation of pre-contractual measures taken in response to your request;
The transfer is necessary for the conclusion or performance of a contract concluded in your interest between the Company and a third party;
All of the following apply:
The transfer is for your benefit;
It is impracticable to obtain your consent to that transfer; and
If it were practicable to obtain such consent, you would be likely to give it; or
The Company has taken reasonable steps to ensure that the information which it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Australian Privacy Principles.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by the Company only:
For the primary purpose for which it was obtained;
For a secondary purpose that is directly related to the primary purpose;
With your consent; or
Where required or authorised by law.
A complaint should identify whether it is about:
The collection of personal information;
The use of personal information;
The disclosure of personal information;
The security or storage of personal information;
The accuracy of personal information;
A refusal to give access to or provide about their personal information; or
A refusal to change or delete personal information.
The Company values your opinions and takes complaints very seriously. Upon receiving written notice of your complaint about privacy, the Company will respond in a timely manner to advise you of the outcome following its enquiring into the same. You will also be invited to respond to its outcome. If a response is received, the Company will assess your response and advise if it has changed its view. If you are unsatisfied with the final outcome, the Company will advise further options including, if appropriate, making a complaint with the Office of the Australian Information Commissioner.
OPTING-OUT of DIRECT MARKETING
The Company aims to give you a highly personalised experience when using the Website, the Application and the Services. In order to do so, the Company may use your personal information to send you advertisements to your email address. If you decide you do not want to receive these emails containing advertisements, you can request to unsubscribe from the mailing list by clicking ‘Unsubscribe’ at the bottom of the email.
Governing Law & Jurisdiction
This policy was last modified on [20th November 2020].
Store details about your use of the Website and to provide you with a personalised experience tailored to you, for example remembering your preferences and greeting you by name;
Analyse Website traffic, trends and reporting statistics to improve the Website and Services;
Provide you with targeted marketing communications; and
Provide you with relevant advertisements when you visit the Website through third party services (such as Google Ads).
THIRD PARTY SITES
The Website may from time to time have links to other websites not owned or controlled by the Company. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that the Company is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.