Last updated: 1 May 2017
Estatespace recognises the importance of protecting personal information. In collecting and handling personal information, we are bound by the Privacy Act 1988 (Cth), including the Australian Privacy Principles (“APPs“), and applicable privacy regulations.
COLLECTION OF PERSONAL INFORMATION
Whenever you deal with Estatespace, we will collect personal information in order to provide services to you. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the services we provide or functions we carry out.
The types of personal information we generally collect include but is not limited to:
- Date of birth
- Residential address
- Postal address
- Email address
- Home telephone number
- Work telephone number
- Mobile telephone number
- Your occupation and business address
- Details of properties owned by you.
We will not ordinarily ask you to provide sensitive information. However, there may be circumstances where the information provided by you reveals sensitive information. For example:
- You may require a property with particular features, such as wheelchair ramps. This may reveal health information.
- In providing details of your spouse or de facto partner, this may reveal sensitive information regarding your sexual orientation.
We will only collect sensitive information in circumstances where:
- It is reasonably necessary for one or more of the services we provide or functions we carry out; and
- You consent to the collection of the information; or
- We are required or authorised by law to collect the sensitive information.
We will, if it is reasonable or practicable to do so, collect your personal information directly from you. This may happen when you fill out a form or when you give us personal information via our website, email or telephone.
If we receive personal information that we did not solicit, we will determine as soon as reasonably practicable whether we could have lawfully collected that information as part of our functions or activities. If we are not satisfied that we could have lawfully collected the information, then we will (if it is lawful and reasonable) destroy the information or ensure that it is de‐identified.
You may choose to deal with us anonymously or under a pseudonym where lawful and practical. Where anonymity or use of a pseudonym will render us unable to provide the relevant service or do business, we may request that you identify yourself. For example, whenever documents are to be submitted to government agencies or financial institutions, it is essential that we record your name accurately.
USE AND DISCLOSURE OF PERSONAL INFORMATION
Personal information collected by Estatespace will ordinarily be used for the following purposes:
- Assisting you to sell your property.
- Assisting you to purchase a property.
- Recording or accessing information at the Titles Registry Office or other governmental agency.
- Client and business relationship management.
- Marketing of products and services to you.
In order to achieve the purposes described above, we may disclose your personal information to the persons/organisations described below:
- In the event that you are a seller, we may disclose your personal information to prospective buyers of the property owned by you.
- In the event that you are a buyer or a lessee, we may disclose your personal information to the sellers of the property you are purchasing or leasing.
- Your legal advisor(s) and the legal advisor(s) representing the other party(s) involved in your transaction.
- Your financial institution and/or financial advisor.
- Insurance providers and brokers;
- Utility providers and utility connection service providers;
- Persons or organisations involved in providing, managing or administering your product or service, including independent contractors engaged by us as real estate agents;
- Organisations involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including maintaining or upgrading our computer systems.
- Persons or organisations involved in purchasing part or all of our business.
- Organisations involved in the payments systems including financial institutions, merchants and payment organisations.
- The Titles Registry Office or other government agency.
- Real estate websites.
We will only use and disclose personal information for the primary purpose for which it was initially collected, or for purposes which are directly related to one of our functions or activities.
We will not disclose your personal information to government agencies, private sector organisations or any third parties unless one of the following applies:
- You have consented.
- You would reasonably expect, or you have been told, that information of that kind is usually passed to those individuals, bodies or agencies.
- It is otherwise required or authorised by law.
- It is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (e.g. police, ASIC, Immigration Department).
Personal information provided to Estatespace may be shared with its related companies. We will take all reasonable and practical measures to keep such information strictly confidential.
The collection and use of personal information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.
Estatespace may rely on third party suppliers or contractors to provide specialised services such as web hosting, cloud computing technology and data storage services. If personal information is provided to these suppliers and contractors in order to enable them to perform the agreed tasks, we will make every effort to ensure that the supplier or contractor handles the personal information in accordance with the Act and the Australian Privacy Principles. We will also require all suppliers and contractors to provide privacy undertakings and enter into confidentiality agreements.
MARKETING OUR PRODUCTS AND SERVICES
Estatespace may use or disclose your personal information to let you know about products and services in which you may be interested. You can contact us at any time if you no longer wish us to market our products and services to you.
ACCURACY OF PERSONAL INFORMATION
Estatespace will take reasonable steps to ensure that all personal information it collects, uses or discloses is accurate, complete and up‐to‐date. If you believe your personal information is not accurate, complete or up‐to‐date, please contact us.
Estatespace is committed to keeping your personal information secure and safe. Some of the ways we do this are:
- Requiring employees and contractors to enter into confidentiality agreements.
- Security measures for access to our computer systems.
- Providing a discreet environment for confidential discussions.
- Access control for our buildings.
- Security measures for our websites (see the Your Privacy on the Internet section for more information).
We will review and update our security measures from time to time. In addition, we will review the personal information and sensitive information held by us from time to time, ensuring that information which is no longer needed for a purpose for which it was initially collected is destroyed or de‐identified.
YOUR PRIVACY ON THE INTERNET
Estatespace takes care to ensure that the information you provide to us via our website is protected. For example, our website has electronic security systems in place, including the use of firewalls and data encryption.
You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.
ACCESS TO PERSONAL INFORMATION
At any time, you may request access to personal information that Estatespace holds about you. We will acknowledge your request within 5 business days of the request being made. Access will usually be granted within 5 business days of our acknowledgment but you will need to verify your identity before access to your personal information is granted.
While we cannot and do not charge an “application fee” for you applying to access your personal information, we may charge a fee for actually giving you access to your personal information in your preferred format (where reasonable and possible), which will cover our costs involved in locating and collating information as well as reproduction costs.
Once your request has been processed by Estatespace, you may be forwarded the information by email or mail. Whenever possible, we will endeavor to make the information available to you in the manner requested by you unless it is unreasonable for us to do so (e.g. if you have asked for the information to be emailed to you, we will endeavor to email the information to you. If the file size would be too large, we may send you the information by hard copy instead of email).
If you are aware that we hold personal information about you that is no longer accurate, complete or up‐to‐date, please contact us.
If you request access to your personal information, or if you request that we correct your personal information, we will allow access or make the correction unless we consider that there is a sound reason to withhold the information, or not make the correction.
Under the Act, we may refuse to grant access to personal information if:
- We believe that granting access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety.
- Granting access would have an unreasonable impact upon the privacy of other individuals.
- Denial of access is required or authorised by law or by a Court or Tribunal order.
- Giving access would be unlawful.
- The request for access is frivolous or vexatious.
- Legal proceedings are underway or anticipated and the information would not be accessible by way of the discovery process in those proceedings.
- Giving access would reveal our intentions in relation to negotiations between us and you in such a way as to prejudice those negotiations.
- Giving access is likely to prejudice enforcement related activities conducted by, or on behalf of, an enforcement body.
- Giving access is likely to prejudice action being taken or to be taken with respect to suspected unlawful activity or serious misconduct relating to our functions or activities.
- Giving access would reveal information in connection with a commercially sensitive decision‐making process.
If you consider that there has been a breach of the Australian Privacy Principles, you are entitled to complain to Estatespace. We will acknowledge receipt of a complaint within 2 business days. We will investigate the complaint and attempt to resolve it within 10 business days after the complaint was received. Where it is anticipated that this timeframe is not achievable, we will contact you to provide an estimate of how long it will take to investigate and respond to the complaint.
If you consider that we have not adequately dealt with a complaint, you may complain to the Office of Fair Trading.