Last updated: 1st July 2014
- Our designated Privacy Officer is:
Name: Rhys Standley Email: firstname.lastname@example.org Telephone: 08 9721 1144
- We, through our Privacy Officer, are happy to provide further details as to the extent to which we are required to comply with the APPs should any person wish. Alternatively, further details of the obligations imposed upon organisations under Australia’s privacy laws can be obtained directly from the Office of the Australian Information Commissioner (Commissioner) or by reference to the APPs and the Commissioner’s associated guidelines at www.oaic.gov.au.
The types of information held by Barr and Standley
- “Personal information” is information or any information or an opinion about an identified individual, or an individual who is reasonably identifiable.
- The types of personal information held by us includes the following (as well as other information):
- names, date of birth, email addresses, other contact details, residential and mail addresses, gender information, occupation details, and other personal information provided by individuals to Barr and Standley;
- employment history and details;
- the value of your property and details of your property used to determine the value of the property and/or rental price;
- information from sellers and buyers, and potential sellers and buyers of properties;
- information from commercial lessors and/or commercial tenants, and potential commercial lessors and/or commercial tenants of properties;
- details of properties, owners, tenants used for the purpose of leasing commercial properties;
- references to support commercial tenancy applications;
- data obtained from third parties regarding commercial lease applicants’ rental history;
- information with respect to a will or estate;
- details of the services or products you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those services and products and to respond to your enquiries;
- any additional information in relation to you that you provide to us directly through our website or indirectly through our website or online presence through our representatives or otherwise;
- information you provide to us through our customer surveys or visits by our representatives from time to time.
- financial information such as assets and liabilities, income and expenses, credit reference information and credit card/banking details;
- photographic identification (e.g. driver’s licence or passport); and
- data obtained from third parties such as credit reporting agencies, law enforcement agencies and other government entities, recruitment agencies and contractors and business partners.
- “Sensitive information” is information or opinion about an individual which is:
- personal information which is also information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional trade or association, membership of a trade union, sexual orientation or practices, or criminal record; or
- health, genetic, or biometric information about the individual.
We will only collect sensitive information about you with your consent, except where we are required or permitted by law to collect your sensitive information without your consent.
Ways in which Barr and Standley collects personal information
- Barr and Standley collects personal information:
- wherever reasonably practicable, directly from the individual with respect to whom the information relates;
- through our standard forms;
- through our website or other electronic communication channels;
- via email sent to us (including from third parties);
- via telephone;
- from individuals, agents and representatives acting on your behalf (e.g. solicitor, accountant, financial adviser, settlement agent, banks);
- from databases kept by third parties regarding an individual’s rental history;
- from other real estate agents (e.g. when Barr and Standley is involved in a conjunctional sale of land or when we act for a buyer in a transaction);
- through publicly available information services (eg social media, local councils, Landgate, telephone white pages, internet records);
- through referrals from third parties;
- when we are required to collect the information by virtue of legal or regulatory requirements (eg the provisions of the Real Estate and Business Agents Act 1978 (WA)); and
- when individuals participate in competitions or surveys conducted by Barr and Standley (or third parties, on our behalf) including, but not limited to, surveys relating to the quality of our services provided and surveys relating to real estate matters.
- If we receive unsolicited information about you that we have not requested, and if we determine that we could not have lawfully collected that information under privacy law if we required it, we will destroy or de-identify the information, if it is lawful and reasonable to do so.
The primary purpose for which Barr and Standley holds information
- The primary purpose for which we collect information is to enable us to perform our business activities and functions and to provide best possible quality customer service. In particular:
- we collect information to enable us to provide services in connection with the sale or leasing of properties;
- we collect information to provide advice to customers and prospective customers with respect to real estate matters;
- we obtain information from Landgate, to assist in the valuing, selling and/or leasing of properties;
- we obtain information to assist us with marketing the products and services of Barr and Standley;
- we collect information to enable us to advise our clients of additional information or services supplied by us (or by third parties) that may be of interest to them;
- we provide personal information to our contractors, who provide us with services to assist us with conducting our business;
- we collect information to enable us to efficiently manage our business;
- we collect information to assist with our delivery of services via the internet;
- we collect information to provide to real estate internet service providers to market properties and our business; and
- we collect information for research and statistical purposes.
- You have the right to refuse to provide us with personal information. However, if you decide not to do so, we may be unable to provide you with our goods and services.
Disclosure of personal information
- In general, we do not use or disclose your personal information for a purpose other than:
- a purpose you would reasonably expect;
- a purpose required or permitted by law; or
- a purpose otherwise disclosed to you to which you have consented.
- We may disclose your personal information to other organisations, for example to our related companies (if any), external service providers such as accountants, lawyers, auditors, research consultants and government or regulatory authorities where required or permitted by law.
- [We are unlikely to disclose your personal information to any overseas recipients.] [Refer to paragraphs 7 and 8 below].
Right to gain access to personal information held by Barr and Standley
- Pursuant to the APPs, you may request access to the personal information we hold about you by contacting our Privacy Officer in writing. Subject to the relevant exemptions contained in the APPs and subject to you providing sufficient proof of your identity, Barr and Standley will provide you access to information that it holds about you. Barr and Standley reserves the right to charge a fee for the provision of this information based on the administrative cost of supplying the information requested. Further details as to these costs and the ability to access information held by us can be obtained by contacting our Privacy Officer.
- We will deal with your request for access within a reasonable time. Should we believe that we are entitled to refuse your request to access information we will provide written reasons for our decision and the relevant provisions of the Privacy Act that we rely on to refuse access.
Accuracy of personal information held by Barr and Standley
- We will take reasonable steps to make sure that the personal information we collect is accurate, up-to-date and complete. We will take reasonable steps to make sure that the personal information we use or disclose is accurate, up-to-date, complete and relevant. Where we believe that the personal information is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information.
- If you believe that information we hold about you is incorrect you are entitled to request, by contacting our Privacy Officer, that we correct that information. We will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.
- We will deal with your request to correct personal information within a reasonable time. Should we believe that we are entitled to refuse your request to make corrections we will provide written reasons for our decision.
Security of personal information held by Barr and Standley
- Barr and Standley holds your personal information in paper-based and electronic form. We are required to take all reasonable steps to ensure your personal information kept in our files is protected from misuse, interference and loss, unauthorised access, modification or disclosure.
- When we no longer require your personal information (including when we are no longer required by law to keep records relating to you), we ensure that it is destroyed or de-identified.
This section explains how we handle personal information collected from our website. If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above, as there are other ways for you to provide us with your personal information.
- Visiting our website
Anytime you access an unsecured part of our website, that is, a public page that does not require you to log on, we will collect information about your visit, such as:
- the time and date of the visit;
- any information or documentation that you download;
- your browser type; and
- your server address.
- IP Addresses
Whenever you use our website, and many other websites, the computer on which the web pages are stored (the web server) needs to know the network address of your computer so that it can send the requested web pages to your internet browser. The unique network address of your computer is called its “IP address” and is sent automatically each time you access any internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.
We do not keep a record of the IP addresses from which users access its site except where the user has specifically provided it with information about itself, in which case we also record the user’s IP address for security purposes.
When we receive emails, we will retain the content of the email and our response to you where we consider it necessary to do so. Your email address will only be used or disclosed for the purpose for which is was provided. It will not be added to any mailing lists or used for any other purpose without your consent.
We make reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. Any data containing personal information which we transmit via the internet is encrypted. However, we cannot guarantee that any information transmitted via the internet by us, or yourself, is entirely secure. You use our website at your own risk.
- Links on our website
- Should any person wish to obtain further information with respect to the type of personal information we hold, the purposes for which we use that information and/or the way in which we manage that information, please contact our Privacy Officer at the contact details set out above.
- As part of our functions and business activities and to promote the services we can provide to you, we may use your personal information that you have provided to us for the purposes of direct marketing. Direct marketing includes but is not limited to, sending to you and/or contacting you in relation to promotions and information about our products and services.
- You may opt out at any time if you no longer wish to receive marketing information. You can opt out of receiving direct marketing communications by sending an email to our Privacy Officer using the contact details provided above, or by “unsubscribing” from email marketing messages.
Questions and complaints
- Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.
- You may also lodge a complaint with the Office of the Australian Information Commissioner by telephone: 1300 363 992 or email: email@example.com.