Privacy Policy

Preamble

Guildea Residential and its related entities together in this Privacy Policy referred to as "Guildea", "we", "us" or "our", are bound by and adhere to the Privacy Act 1988 (Cth) and the Australian Privacy Principles under that Act ("Privacy Act"), as amended from time to time.

This Privacy Policy sets out the manner in which we handle and manage all personal information we collect about you, whether provided to us by you or a third party and whether via the internet or otherwise.

By providing your personal information to us, making enquiries of us or using any of our services, you consent to the collection, use and disclosures of your personal information (including your sensitive information, name, address, email address and any other personal information you have given us or we otherwise collect) for the purposes set out in this Privacy Policy or as permitted by the Privacy Act.

How we collect your personal information and the types of personal information we collect

We may collect your personal information in several ways: from you directly when you deal with us including via our website, over the phone, face-to-face (e.g. at one of our offices, onsite meetings or open homes), by email, by completing a hard copy or online form or engage with us over social media.

"Personal information" has the meaning given to that term in the Privacy Act and includes your name, date of birth, contact details (e.g. address, telephone number, e-mail address), credit card and bank account details, copies of photo identification (e.g. driver's licence, passport), sensitive Information that is restricted under the Privacy Act (if you consent to such collection) any other information that personally identifies you. We will not collect, use or disclose your sensitive information (such as information relating to race or ethnicity, criminal record, religious beliefs, sexuality and health information) unless such is necessary for us to perform our services or unless we are permitted or required by law to do so.

There may be instances where we collect personal information about you other than directly from you. Examples include:

  • publicly available information and databases;
  • information from property developers;
  • information from other agents and valuers; and
  • information from market research companies contracted by us to assist in improving and/or marketing our services.

We may also obtain de-identified/anonymous information from your computer, without your knowledge, by way of cookies. A cookie is a piece of information that is put out by our web server that is stored on your computer. It does not identify you or give us access to your computer but it does enable our computer to recognise your computer each time you log in to our website and provide certain statistical information. You can set your computer not to accept or store cookies if you wish.

Depending on the services we are providing to you, we may also collect certain personal information about individuals other than you (e.g. contact details of your solicitor or of your emergency contact). In such instances you must not provide us this personal information unless you have obtained the consent from the person whose personal information you are passing on to us, informed them that their personal information will be provided to us and handled in accordance with this Privacy Policy and direct them to where they can find a copy of this Privacy Policy.

Regardless of how we collect your personal information, we will handle it in accordance with this Privacy Policy and the Privacy Act.

What we use your information for

We will generally collect, hold, use and disclose your personal information only for the purposes set out in this Privacy Policy or, otherwise, which we notify you of at the time of collection, permitted secondary purposes or as permitted or required by law. These purposes are:

  • responding to client enquiries and communicating with you, from time to time, to maintain contact and keep you updated on the services you have requested;
  • forecasting future needs for our services, improving our services and general quality assurance;
  • providing you with market research and promotional materials such as reports, newsletters, event invitations and/or property market information relating to our products and services which we believe may be of interest to you;
  • engaging in legal proceedings and/or enforcing judgments and/or orders; and
  • any other purposes identified at the time of collecting your personal information.

How Your Information is Stored

  • We take reasonable steps to securely store personal details and information. This includes electronic and physical security measures, staff training, use of password protection software. Details of our security systems are available by contacting our Privacy Officer.
  • When the personal information that we collect is no longer required, we will remove or de-identify the personal information as soon as reasonably possible. We may, however, retain personal information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve Disputes.

Marketing and Opting Out

  • We do not use Sensitive Information for marketing purposes.
  • If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact our Privacy Officer and we will remove your details from our marketing Database.

Third party disclosure

We may also disclose your personal information to third parties for the purposes outlined above. Such third parties include:

  • our third party service providers, contractors consultants, agents and/or representatives (e.g. tradespersons, law firms, banks, financial institutions, insurers, IT providers and/or mortgage referral services providers) who provide services to us or on our behalf including to conduct valuations, market research, assist in obtaining payments from creditors and providing advice;
  • potential buyers, tenants, real estate agents and brokers for the purposes for which the information was collected or for permitted secondary purposes;
  • media organisations for the purposes of promoting us or our services;
  • debt collection agencies;
  • anyone authorised by you to deal with us on your behalf;
  • any of our related companies;
  • government and statutory authorities, law enforcement agencies, courts, tribunals and/or parties to legal proceeding or to which you have consented to share the relevant personal information or if we are permitted or required by law or court order to provide information to them; and
  • any other third party or parties identified at the time of collecting your personal information.
  • We will not disclose your personal information to a third party for any other purpose, unless required or permitted by law to do so.

Overseas disclosure of your personal information

We will not transfer personal information to a recipient in a foreign country:

  • without the prior consent of any individual whose personal information is contained in that data;
  • unless the country in question has similar privacy legislation and protections as Australia.

Access, update and correction of personal information

We take reasonable steps to ensure that any personal information held by us about you is accurate, complete and up-to-date. However, we require you to advise us of any changes to your personal information. If you are able to access your personal information via your online account that you have with us, we request that you ensure this information is kept accurate, complete, relevant and up-to-date.

You may request access to your personal information at any time by contacting us via our contact details below, including for the purpose of correcting or updating that information, unless otherwise required or permitted by law. There is no charge for making such a request or providing you access to your personal information. We will respond and deal with your request within a reasonable period of time from the time it is made.

If we refuse to provide you access we will provide you with a written notice that outlines the reasons for the refusal.

Security of personal information

We take reasonable steps to protect your personal information from misuse, interference, loss and from unauthorised access, alteration and disclosure. However, our data protection measures are not a guarantee of the security of your personal information. You must also take care to protect your personal information (for example, by protecting your login details such as your username and password).

Please notify us as soon as possible if you become aware of any security breaches.

Third party sites

Our website may contain links to the websites of other entities. If you click the links to other entities' websites you should read their privacy policy to find out how they handle your personal information when you visit their site. We do not accept any responsibility or liability for the privacy of your information, including your personal information, on any other website and we have no control over (or responsibilities for) the privacy practices of those entities.

Changes to this Privacy Policy

We may, from time to time, update this Privacy Policy so please ensure you review periodically for changes. If any changes are significant or substantial, we will either advise you in writing or post a message to that effect on our website.

Your continued use of our services and/or our website, requesting our services or the provision by you of further personal information to us (directly or through an authorised person) after this Privacy Policy has been revised will be deemed to be your acceptance of the revised Privacy Policy.

What if you have a complaint?

If you wish to make a complaint about an alleged breach of this Privacy Policy or the Privacy Act by us, you can contact us by using the contact details below. You will need to provide us sufficient details regarding your complaint and any supporting evidence. Our Privacy Officer will investigate the issue and determine the steps to be taken to resolve the complaint. We will notify you in writing if we require any additional information and also of the outcome of the investigation. If you are not happy with the outcome of our investigation you may complain to the Office of the Australian Information Commissioner whose contact details can be obtained from the OAIC website noted below under "Further Information".

Our contact details

To access your information or if you wish to make a complaint or if you have any query about this Privacy Policy, please contact our Privacy Officer by email on office@guildea.com.au or by phone on 02 9948 2020.

Further Information

More information about your rights and our obligations in connection with your personal information are available from the Office of the Australian Information Commissioner at https://www.oaic.gov.au.