“Personal Information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. The types of Personal Information generally collected by us may differ, depending on whether you are or would like to become a The Industry Estate Agents vendor, purchaser, landlord, tenant, supplier, employee, agent or independent contractor of us.
We adopt the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Act). We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. This policy sets out how we obtain and use your Personal Information.
Your Personal Information
- The personal information that the Company may collect includes but is not limited to, your name, e-mail address, residential or other addresses, telephone numbers, gender, date of birth, your profession or occupation, transaction information, billing details, information about products or services which might suit you, preferences and criteria information.
- We collect personal information through information provided by you at our open for inspections, your access of our Website (refer below), by telephone, email, letter or fax, during conversations you have with our representatives, through your engagement of us to provide services, through contracts entered into by you, through completed surveys, feedback or competitions. We may also require details of your company’s ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, your employer and occupation details and title and mortgage details of any relevant property. We may be required to take images of the inside of your home via photos or video.
- Via Social Media Sites, we may obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (Other Sites). The level of information to which we have access may depend on your privacy settings on such Other Sites.
- In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to carry out the services requested by you.
- We will take reasonable steps to protect the personal information we collect, in both paper and electronic form, from misuse and loss as well as from unauthorized access, modification and disclosure.
How we collect your Personal Information
- By making a general or specific telephone, email, onsite or other enquiry with us;
- by communicating with us or by continuing to request our services, including but not limited to by attending one of our offices, attending an open for inspection, making enquiries via internet, email or phone;
- by providing us with your contact details;
- by accessing our website at www.theindustryestateagents.com.au (Website) or participating in an online enquiry;
- when you engage us or discuss engaging us to provide services or advice to you;
- when you negotiate with us in respect of purchasing or renting a property;
- when you provide your details to us at an “open for inspection” property or an auction;
- when we inspect a rental property or property for sale; • by providing to us or us collecting your business card;
- by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, Youtube and Linked In (Social Media Sites);
- by participating in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site.
We may also collect personal information from:
- third parties such as credit reporting agencies;
- publicly available sources of information;
- any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.
The purposes for which we collect, hold, use and disclose personal information
We collect, hold, use and disclose your personal information for our business and activities, and in our efforts to expand and improve our business, including for the following purposes:
- to provide our products and services to you and to communicate with you;
- to monitor or improve the quality and standard of service provided to you or to other consumers by us;
- to communicate to prospective or actual vendors, purchasers, landlords and tenants;
- to provide access to our Website, to assess its performance, improve its operation and develop new features for our Website;
- to communicate with you to better understand your needs through competitions, market research, customer loyalty programs or to comply with our legal obligations;
- handling privacy complaints and issues;
- performing research and analysis about our services;
- to provide and notify you of products, services, offers, promotions or marketing of services or new services that may be of interest to you;
- to send you emails, SMS and push notifications, however, you may elect to opt-out of such correspondence at any time by notifying us;
- to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers, advertisers, sponsors or other third parties;
- enforcing the terms and conditions of our engagement with you;
- conducting appropriate credit checks;
- referral to a mortgage broker or financier;
- for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of the Company, its related bodies corporate, franchisees, partners, real estate agents, employees, contractors, advertisers, sponsors or service providers;
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator.
Who we may share you personal information with
We may share your information in the following circumstances. These circumstances should not be considered comprehensive and exclusive and do not affect our rights to share your personal information in other ways to the extent permitted by law. With:
- our partners, employees, affiliates, subsidiaries, related bodies corporate, contractors and service providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators;
- our marketing partners, consultants, retailers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
- with third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
- with the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our services that are viewable by the general public;
- with third parties with whom you choose to let us share information, for example other apps or Websites that integrate with our Website; and
- any organisation with your consent;
together (Third Parties).
We, or the Third Parties, may disclose specific individual information if we or they reasonably believe that it’s necessary to comply with applicable laws or regulations, or to protect our interests, our business partners, affiliates or its guests, or the interests of our Third Parties.
We may also disclose your personal information:
- As required by law;
- To enforce our terms and conditions; and
- In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale.
Website use and Cookies
- Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that you visit our site and to track which pages you visit whilst on our site and also to push advertisements to your internet protocol address. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them. However, your use of our website may be affected.
- If you view the online webpage relating to any of our properties for lease or sale, you may enquire further about the property by manually completing an online enquiry form or by authenticating your details through your Facebook or LinkedIn account. If you choose to authenticate your details via your Facebook or LinkedIn account, we may be provided with Personal Information linked to your account.
- If you ‘like’ or ‘follow’ us or a property via our Facebook or Linked In pages, we may be able to view your Facebook page, subject to your Facebook privacy settings.
- We may provide you with a unique password to verify your identity before allowing access to some features of the Website. You are responsible for maintaining the secrecy of this password and therefore any information which can be viewed by entering this password on the Website. You are responsible for notifying us of any loss or unauthorised use of your password.
- The Website is hosted in Australia, if you do not reside in Australia, then by using the Website you consent to the transfer of any personal information to Australia.
Access to your Personal Information
- If you wish to access your personal information held by us you may do so by written request.
- If personal information held by us is inaccurate or out of date you have the right to request it to be updated or corrected.
- You can find out what personal information we have about you, and amend or update your personal information, by e-mailing us or by telephoning us.
- We may charge a fee for our actual costs of retrieving and supplying the information to you, including staff costs in locating and retrieving the personal information, staff costs in reproducing and send the personal information, costs of postage etc.
- Depending on the type of request that you make we may respond to your request immediately, otherwise we usually respond to you within seven days of receiving your request. We may need to contact other entities to properly investigate your request.
- There may be situations where we are not required to provide you with access to your personal information, for example, if the information relates to existing or anticipated legal proceedings, or if your request is vexatious.
- An explanation will be provided to you if we deny you access to the personal information we hold about you.
- If any of the personal information we hold about you is incorrect, inaccurate or out of date you may request that we correct the information. If appropriate we will correct the personal information. At the time of the request, otherwise, we will provide an initial response to you within seven days of receiving your request. Where reasonable, and after our investigation, we will provide you with details about whether we have corrected the personal information within 30 days.
- We may need to consult with other entities as part of our investigation.
- You consent to and authorise us to include your personal information in a database compiled by us for use in direct marketing by us or Third Parties. If you do not wish to receive marketing material from us, you can opt-out by contacting us via the details located on our website, email us at email@example.com or call us.
- All emails, and newsletters from the Website allow you to opt-out of further mailings.
- If you “opt-out”, we will not be able to remove your personal information from the databases of business partners, affiliates, or third parties which we have already shared your personal information with as at the date of your request to opt-out.
- In relation to personal information from children, we do not knowingly collect personal information from individuals under 18 years of age. If a user is a parent or guardian, please do not allow your children to submit personal information without the parent or guardian’s prior permission.
- If you would like to make a complaint about our handling of your personal information or if you think we have breached the Australian Privacy Principles or the Act, please contact us with your complaint in writing. We will endeavour to deal with your complaint as quickly as possible. We may give a copy of your complaint to any affected party for their comment so we can properly investigate any issues. We will determine what (if any) action we should take to resolve the complaint and notify you of our decision and our reasons.
- If you are not satisfied with the way we have dealt with your complaint you may file a complaint with the Office of the Australian Information Commissioner.
- As our Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
- The Company complies with the Spam Act 2003 and best practice guidelines in relation to the contents of its commercial electronic messages. We only send e-mail advertising with each addressee’s consent, including its address and contact details in every e-mail promotion and ensure the inclusion of a functional unsubscribe facility.
Should you wish to make a complaint about management of your information, please email us or call. The Industry Estate Agents will make a record of your complaint, verify the information received, and take steps to correct any deviation from Australian Privacy Principles.
Should your complaint relate specifically to the management of your personal information by an independent member of the The Industry Estate Agents network the personal will refer your complaint directly to the member for response.
We will acknowledge your complaint within seven days. We will provide you with a decision on your complaint within 30 days.
If you are dissatisfied with the response of our complaints officer you may make a complaint to the Privacy Commissioner which can be contacted on either www.oaic.gov.au or 1300 363 992.
We will only collect sensitive information about you with your consent. Sensitive information is personal information that includes information relating to your racial or ethnic origin, political persuasion, memberships in trade or professional associations or trade unions, sexual preferences, criminal record, or health.
If we receive unsolicited private information from you, we will as soon as practicable, but only if lawful, destroy the i
information or assure it is de-identified.
We use all reasonable efforts to keep your personal information secure, accurate and up-to-date. Your personal information is stored behind firewalls and in the case of The Industry Estate Agents, personal information is accessible only by password access.
Disclaimer of responsibility for third party sites
Our website contains links to other web sites including the web sites of The Industry Estate Agents privacy practices.
How we may change this statement
We reserve the right to amend or update this Statement so long as no change or amendment has a retrospective detrimental effect to your privacy rights.
The Industry Estate Agents Pty Ltd