Broome Real Estate Pty Ltd trading as First National Real Estate Broome (“we”, “our”, “us”) conforms with the requirements of the Privacy Amendment (Enhancing Privacy Protection) Act 2012 in respect to the protection of the privacy of personal information and sensitive information collected in a number of ways including:
- from publicly available sources of information, e.g. Landgate, REIWA and Tenant Data Bases etc.;
- when you visit our website;
- from you directly;
- from third parties;
- from our own records;
- when legally required to do so, e.g. Identification confirmation;
- when you make an enquiry; and
- during conversations between you and our representatives, including sale representatives.
This policy does not apply to personal information held by us relating to the employment of a current or former employee.
Personal Information and Sensitive Information
Personal Information refers to information or an opinion about an identified individual or an individual who is reasonably identifiable.
Sensitive information refers to information or an opinion about an individual's personal preferences and characteristics (such as race, ethnicity, political opinions, memberships, religious or philosophical beliefs and sexual preference), health information about an individual, genetic information and/or biometric information. Sensitive information is afforded a higher level of protection than other personal information.
Kinds of information held and collected by First National Real Estate Broome
Personal information held by us is collected only when knowingly and voluntarily submitted by you. When you register your interest or otherwise in the course of us providing our services to you, we may need to collect personal information which may include your name, address, telephone/mobile phone number, e-mail address, credit card details, your business name, your user id or password.
Sensitive information held by us is collected only when knowingly and voluntarily submitted by you. Although we will rarely hold and/or collect this kind of information, the information we could hold may include your racial or ethnic background, your family status and/or financial information about you, such as your tax file number. At all times, we will take reasonable steps to obtain your express consent where we propose to handle your sensitive information.
Collecting information from you
Generally:
- We will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information; and
- We will only use your personal information if and when we need to contact you.
For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia.
If you choose not to provide personal information to us, we may not be able to provide you with access to the parts of our website or to certain content, products and services available on or from our website or generally from our office or staff.
Use of Information
Purpose of collecting and holding information
We use your information to provide our services to you or to fulfil administrative functions associated with these services. Personal information is used only for the purpose for which it is submitted or for such other secondary purposes that are related to that purpose, unless we disclose other uses in this Privacy Statement or at the time of collection.
Primary purpose refers to the particular purpose for which the information in question was collected. For example, if we were to provide you with details of rental/for sale properties as they become available and we asked for your address to send it to you, the primary purpose for the collection for your address would be to send these “listings” to you at your address.
Secondary purpose is any purpose other than the primary purpose for which we have collected your personal information. Personal information will only be disclosed or used for a secondary purpose where;
- you have consented to the use or disclosure;
- you would reasonably expect to use or disclose the information for that secondary purpose;
- the use or disclosure is required by or under an Australian law or a court/tribunal order;
- a 'permitted general situation' exists, such as lessening or preventing a serious threat to life, health or safety, locating a missing person or to undertake a confidential alternative dispute resolution process; and
- we reasonably believe that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conduct by or behalf of an enforcement body.
We usually collect personal information such as your name, address, telephone number, and in some instances, some of your business details. When you are on our website, we may collect information regarding the pages within our network which you visit and what you click on. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our services and if the law requires us to, we will seek your consent to collect it.
We collect personal information from sellers and owners of property to ensure that they are the rightful owner of the property we are requested to list for sale or lease. We collect personal information from tenants for the purpose of checking references and confirming identity and ability to accept financial responsibility.
If you subscribe to receive promotional or other material from us or are registered for any services, then your personal information that you provide will be recorded. Your email address will only be used for the purpose for which you have provided it (which may include being added to our mailing list.
Generally, your personal information will only be accessed by our staff when and where it is appropriate or necessary.
Use of Aggregate Data
We may use personal information in aggregate form to improve our services and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.
Period for which records are held and Information Retention and Destruction Practices
We have a policy in place for determining whether we will retain or destroy records of personal information. We periodically review the records of the personal information we hold. Where we have held such records for 7 years, we will take reasonable steps to determine whether it is appropriate for us to retain or destroy that information.
Anonymity or pseudonyms
Where we make use of personal information for statistical or marketing purposes, we will endeavour to make use of pseudonyms and/or to make the applicable personal details anonymous.
Holding personal and sensitive information and security
Holding information securely
We strive to ensure the security, integrity and privacy of personal and sensitive information of our clients. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. In relation to personal information provided through our website, unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.
Receipt of unsolicited personal information
Unsolicited personal information is information received by us when we have taken no active steps to collect the information.
When we receive unsolicited information we will need to determine whether it could have collected the information under Australian Privacy Principle 3 (which governs the collection of solicited personal information).
Where we could not have collected the information under Australian Privacy Principle 3, we will destroy or de-identify the information as soon as practicable, so long as it is lawful and reasonable to do so.
Accessing and correcting Personal Information
Accessing personal information
You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why. You can make a request for access to your personal information under the Privacy Act 2013 (Cth) or under the Freedom of Information Act (1992) (WA). Should you experience difficulty in determining the correct route by which to request access to your personal information, please contact us and we will provide you with assistance. To request access, please contact us as set out at the end of this document.
Correction personal information
You have a right to request the correction and/or amendment of your personal information. Applications to have personal information held by us corrected or amended should be made in writing to the Policy Officer (see details set out at the end of this document), should provide enough information to determine what changes are required and should provide current contact details.
Cookies
Cookies are data that a website transfers to an individual's hard drive for record-keeping purposes. Cookies can facilitate a user's ongoing access to and use of a site. They allow us to track usage patterns and to compile data that can help us improve our content and target advertising. If you do not want information collected through the use of Cookies, there is a simple procedure in most browsers that allows you to deny or accept the Cookie feature. But you should note that Cookies may be necessary to provide you with features on this Site.
Information that may be collected
We may record your visit through the use of cookies and may log the following information for statistical purposes:
- Your server address;
- Your top-level domain name (eg .com, .gov, .au, .uk etc.);
- The date and time of the visit to the site;
- The pages accessed and documents downloaded;
- The previous site visited; and
- The type of browser used.
Information that may be collected
We may record your visit to our website through the use of cookies and may log the following information for statistical purposes:
- Your server address;
- Your top-level domain name (eg. .com, .gov, .au, .uk etc.);
- The date and time of the visit to the site;
- The pages accessed and documents downloaded;
- The previous site visited; and
- The type of browser used.
Information provided to you
Information contained in any materials or products provided to you by any means including though use of our website may be subject to the Commonwealth Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000 (the Commonwealth Privacy legislation) and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. We take no responsibility for any breaches of the Commonwealth Privacy legislation by any person in relation to information obtained from the material or products supplied to you by any means including through our website.
Third Party
Via our website
In relation to use of our website, we may establish relationships with business partners that allow visitors to our website to link directly to sites operated by these partners. Some of these sites may be "co-branded" with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner.
We are not responsible for the content or practices of websites operated by third parties that are linked to our sites. These links are meant for the user's convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by us of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site.
Likely overseas disclosure
It is not our standard practice to disclose personal information to overseas recipients. However, there is a possibility that, on occasion, your personal information may be disclosed to an overseas recipient. The location of any potential recipients will vary depending on the project or purpose concerned. Should you have any queries about the potential disclosure of your personal information to an overseas recipient, please contact our Privacy Officer set out at the end of this document.
Disclosure
We will disclose personal information when you permit that information to become known and where it is released it from our effective control; for example, we would be said to have 'disclosed' your personal information where;
- we share that your personal information with another entity;
- we publish your personal information on the internet so that it is accessible by others;
- where one of our staff reveals your personal information in the course of a conversation with a person who does not work for us; or
- where one of our staff sends a document containing your personal information to someone who is not you.
Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.
Notification of Changes
We may from time to time decide to change this Privacy Statement. We will post those changes to our website and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
The current version of this Policy Statement which was last updated on the 1st July 2014 is posted on our website.
How can individuals lodge a complaint?
If you believe that we have interfered with your piracy, or breached the Privacy Act, please communicate your complaint in writing to the Privacy Officer.
When the Privacy Officer received your complaint, we will seek to respond promptly to your complaint. If you are not satisfied with the response we encourage you to contact our Privacy Officer who will advise you about further option, including, if appropriate, contacting the Privacy Commissioner (Office of the Australia Information Commissioner).
Contact Details
All correspondence and privacy related queries and concerns should be directed to
The Principal
First National Real Estate Broome
PO Box 1130, Broome WA 6725
or email
[email protected]
