1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors, service users, individual customers and customer personnel.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of such persons; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
1.4 In this policy, “we”, “us” and “our” refer to Kingsville Realty Pty Ltd. For more information about us, see Section 16.
2. The personal data that we collect
2.1 In this Section 2 we have set out the general categories of personal data that we process and, in the case of personal data that we did not obtain directly from you, information about the source and specific categories of that data.
2.2 Personal information as it is used in this Privacy Policy includes: · information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or an opinion.
2.3 There may also be occasions where we will request Sensitive Information from you, which may include: · information or an opinion 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 or trade association; sexual preferences or practices; or criminal record – that is also Personal Information; or · health information about an individual; or · genetic information about an individual that is not otherwise health information; or · biometric information that is to be used for the purpose of automated biometric verification or biometric identification, and biometric templates. In those circumstances, we will seek your consent to the use of any Sensitive Information prior to disclosure to any third party and will only use this information for the purposes it was provided for.
2.4 We may process data enabling us to get in touch with you (“contact data”). The contact data may include your name, email address, telephone number, and postal address. The source of the contact data is you and/or your site Administrator. Where required for a stated purpose we may ask for your date of birth, gender and occupation.
2.5 We may process information contained in or relating to any communication that you send to us or that we send to you (“communication data”). The communication data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms.
2.6 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system.
2.7 Please do not supply any other person’s personal data to us unless we prompt you to do so.
3. Purposes of processing your personal data
3.1 In this Section 3, we have set out the purposes for which we may process personal data. 3.2 Operations – We may process your personal data for the purposes of operating our website and providing our services. This includes use of your data for the purposes of: · Preparation of Contracts of Sale of Property · Undertaking appraisals of your property · Preparation of Authority to Sell and sales documentations during the course of selling your property · Preparation of your Leasing and Management Authority and Management Instructions for the purposes of managing leasing of your property · Preparation of Residential Tenancy Applications, including past and present addresses, rental history, employment information, drivers licenses, passport details, student or pension details and vehicle details. · Maintaining records of emergency contact information · Keeping a record of suppliers and independent contractors in relation to property maintenance · Recruitment 3.3 Publications – We may process account data and/or profile data for the purposes of publishing such data on our website and elsewhere through our services in accordance with your express instructions.
3.4 Relationships and communications – We may process contact data, account data and/or communication data for the purposes of managing our relationships, communicating with you (excluding communicating for the purposes of direct marketing) by email, SMS, post, and/or telephone, providing support services and compliance handling. This includes use of your personal data for the purposes of: · Communications during the appraisal of your property and sales process · Engaging service providers to prepare your property for sale, and enabling access to your property · Informing you have prospective properties which are on the market or coming up for sale for inspection opportunities · Payment of rates, dealing with owners corporations and service providers in relation to rental properties. · Undertaking background and reference checks for prospective tenants
3.5 Direct marketing – We may process contact data, account data and profile data for the purposes of creating, targeting and sending direct marketing communications by email, SMS, and/or post and making contact by telephone for marketing-related purposes. We will however not use your personal details in the marketing of your property without your express consent.
3.6 Research and analysis – We may process usage data for the purposes of researching and analysing the use of our website and services, as well as researching and analysing other interactions with our business.
3.7 Record keeping – We may process your personal data for the purposes of creating and maintaining our databases, back-up copies of our databases and our business records generally.
3.8 Security – We may process your personal data for the purposes of security and the prevention of fraud and other criminal activity.
3.9 Insurance and risk management – We may process your personal data where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks and/or obtaining professional advice.
3.10 Legal claims – We may process your personal data where necessary for [the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. This may include use of your personal data in relation to: · Dealing with tenancy disputes in a Residential Tenancy Tribunal or Court matter · Dealing with police related complaints, debt collection, insurance claims or Consumer Affairs disputes.
3.11 Legal compliance and vital interests – We may also process your personal data where such processing is necessary for compliance with a legal obligation to which we are subject or in order to protect your vital interests or the vital interests of another natural person.
4. Providing your personal data to others
4.1 We may disclose your personal data to others including:
· the landlord or its legal representative;
· the landlord’s lawyer, mortgagee or insurer;
· your nominated referees and current or past employers;
· the owner or managing agent of properties you currently rent or have rented in the past;
· organisations or tradespeople required to carry out maintenance to your rental property;
· utility suppliers of your rental property;
· Residential Tenancy Bond Authority;
· Residential Tenancy Tribunal/Courts and other Government Agencies;
· Law enforcement authorities, debt-collectors or Consumer Affairs Victoria;
· operators of registered tenancy databases with rental history of certain tenants, and
· other real estate agents/property owners where property management/ownership changes.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice.
4.3 We may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise, or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
5. Cross Border Data Flows
5.1 Situations may arise where we may need to transfer your personal data to someone who is in a foreign country. We will only do so if we consider it necessary to provide our services to you.
5.2 In the case of a lease or sale of real estate where the other party is located outside Australia, you consent to your personal data being disclosed to the foreign-located party where this is required for your relevant property lease/sale purpose.
6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Contact, account, profile, communication and usage data will be retained for a minimum period of 6 years following the date of the most recent communication between you and us, and at our discretion following that date.
6.5 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
7. Your rights
7.1 We reserve the right to retain your personal data unless required by law to delete or relinquish this data.
7.2 You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting your site page when logged into our website.
7.3 You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
7.4 You may exercise any of your rights in relation to your personal data by written notice to us.
8. Third party websites
8.1 Our website includes hyperlinks to, and details of, third party websites.
8.2 In general we have no control over, and are not responsible for, the privacy policies and practices of third parties.
9. Personal data of children
9.1 Our website and services are targeted at persons over the age of 18.
9.2 If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
10. Updating information
10.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
11. About cookies
11.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
11.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
11.3 Cookies may not contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
12. Cookies that we may use
12.1 We may use cookies for the following purposes:
(a) authentication and status – to identify you when you visit our website and as you navigate our website, and to determine if you are logged into the website;
(b) personalisation – to store information about your preferences and to personalise the website for you;
(c) security – as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
(d) advertising – to help us to display advertisements that will be relevant to you;
(e) analysis – to help us to analyse the use and performance of our website and services; and (f) cookie consent – to store your preferences in relation to the use of cookies more generally.
13. Cookies used by our service providers
13.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
13.2 We use Google Analytics. Google Analytics gathers information about the use of our website by means of cookies. The information gathered is used to create reports about the use of our website. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/ and you can review Google’s privacy policy at https://policies.google.com/privacy.
14. Managing cookies
14.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version.
14.2 Blocking all cookies may have a negative impact upon the usability of many websites. 14.3 If you block cookies, you may not be able to use all the features on our website.
15. Amendments
15.1 We may update this policy from time to time by publishing a new version on our website.
15.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
15.3 We may notify you of significant changes to this policy by email.
16. Complaints
16.1 If you believe your privacy has been compromised, please contact us and we will endeavour to respond to your complaint in a timely manner. If your complaint cannot be resolved, you may be entitled to lodge a complaint with a relevant regulator such as the OAIC, by:
· calling the OAIC Enquiries Line on 1300 363 992;
· using the OAIC online Privacy Complaint form;
· by mail;
· by fax, or
· by email. Details to do this can be found at http://www.oaic.gov.au/about-us/contactus-page
17. Our details
17.1 This website is owned and operated by Kingsville Realty Pty Ltd.
17.2 We are registered as a company in Australia under ACN 657 770 306, and our registered office and principal place of business is at 285 Geelong Road Kingsville, VIC 3012. 17.3 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form; or
(c) by telephone, on the contact number published on our website.