Boutique Property Agents Pty Ltd (A.C.N. 607 836 948) and its related agents (we, our, us) is committed to complying with its obligations under the Privacy Act 1988 (Cth) (the Act), including the Australian Privacy Principles (APPs) concerning personal information of individuals.
The Act allows personal information to be collected, used and disclosed for the purposes for which it was collected in accordance with the Act.
Information we collect
Personal information is any information about you, from which you can be identified. We may collect your name, address, postcode, email address, date of birth, gender, employment, telephone number, property details, payment details and proof of identity such as your driver licence or passport number. We may collect additional personal information from you from time to time.
We generally do not collect sensitive information about you, unless you provide it to us voluntarily. For example, when you interact with one of our agents or brokers, you may provide sensitive information such as racial or ethnic origin, sexual orientation, health information, religious or philosophical beliefs or political opinion and membership or affiliation information. You consent to us collecting sensitive information which you provide to us voluntarily. If we need to collect any sensitive information for a specific purpose, we will ask for your consent.
If you are an employee or prospective employee, we may need to collect sensitive information about you and you consent to us collecting this information. For example, personnel records may include sensitive information such as place of birth, racial or ethnic origin, criminal record, tax file number, disabilities and relationship information. Recruitment records may include employment history and experience, referees and other employment related information.
You don’t have to give us all the information we request. However, if you do not provide us with some or all of the personal information required, we may not be able to provide you with the products and services or information you request, to the requested standard or at all, and you may also miss out on receiving valuable information about us and our products and services.
We will collect personal information from you in the following circumstances:
- if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to identify you and the property;
- if you are a prospective or current tenant and/or you inspect any rental property, then we will collect personal information from you when you attend the property inspection; and
- if you are a prospective or current tenant and you want to rent a property, then we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply. If you are the successful tenant then we may also collect personal information from you during the continuation of any tenancy or lease agreement with the landlord.
- if you are a prospective or current vendor and you want us to act as your sales agent, then we will collect personal information from you in order to identify you and the property;
- if you are a prospective or current purchaser and you inspect any property, then we will collect personal information from you when you attend the inspection; and
How we collect personal information from other sources
We can collect personal information about you from other sources in any manner permitted by the Act. We will only collect personal information from other sources where it is reasonably necessary for us to do so in relation to, or in connection with, any services we are supplying in connection with our real estate business. Examples of such sources of personal information include:
- from your agents, other owners, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with any tenancy, lease or contract for sale of the property;
- from public registers including those managed by the NSW Land & Property Information;
- from publicly available information;
- from property valuers or related service providers; and
- from our other service providers including any third party that has been authorised to supply us with personal information.
When the law authorises or requires collection of personal information
There are laws that may require us to collect and disclose your personal information. For example, we may be required to collect and disclose your personal information pursuant to the Property, Stock and Business Agents Act 2002 (NSW), including any regulation under that law.
How your personal information may be used
We may collect and disclose your personal information for the following purposes including:
- to identify and/or verify the identity of any prospective or actual landlord or tenant for any property we manage or propose to manage;
- to process and assess any application received in relation to a tenancy or lease of any property;
- to advertise, market and promote any tenancy or lease of any property;
- to negotiate and prepare any tenancy agreement, lease or any other document for any property;
- to liaise and exchange information with the landlord or the tenant as well as their agents, contractors, legal, financial and other advisors in relation to or in connection with any tenancy or lease of the property;
- to manage any tenancy or lease agreement including the collection of rent and other amounts on behalf of the landlord and the preparation of required statements of account;
- to ensure the safety and security of landlords and existing occupiers and of each of their property in connection with the inspection of any property by prospective tenants;
- to provide your insurer with information relating to or connected with any property;
- to comply with any applicable law in connection with the tenancy agreement or lease;
- to confirm whether the landlord or tenant is registered for GST purposes;
- to tell you about any other rental property that we are managing or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);
- to identify and/or verify the identity of any prospective or actual vendor for any property;
- to advertise, market and promote the sale of any property;
- to negotiate and manage the sale of any property (including to provide non-legal assistance with the exchange of the contracts for the sale of property as well as the preparation of any required statements of account);
- to liaise and exchange information with the vendor, purchaser (including any prospective purchaser) as well with their respective agents, contractors, legal, financial and other advisors in relation to or in connection with the sale of the property;
- to ensure the safety and security of vendors and existing occupiers and of each of their property in connection with auctions and the inspection of any property by prospective purchasers;
- to comply with any applicable law in connection with the sale of the property;
- to confirm whether the vendor or purchaser is registered for GST purposes;
- to tell you about any other property that we are selling or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);
- to provide statistical and other information to the Real Estate Institute of New South Wales to allow us to run our business efficiently and to perform administrative and operational tasks;
- to comply with any dispute resolution or other legal process;
- to act on behalf of clients in accordance with any agency agreement and to comply with our obligations under that agreement;
- in order to update our records and your contact details;
- to operate controlled money accounts;
- if we enter into or propose to enter into any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), then we may provide that party (including its legal, financial and other professional advisers) with personal information in relation to or in connection with those arrangements; and
- any other purpose to which you have consented.
How we share your personal information
Sharing personal information with third parties
We may seek and use personal information about you from, and use or disclose personal information about you to, third parties in relation to or in connection with the potential or actual rental of a property, the sale and purchase of a property or other business or administrative functions for the real estate and/or strata agency. These third parties may include:
- your representatives, attorneys, lawyers, settlement agents, accountants, brokers;
- any conjunction, co-listing, buyers’ or other property agents that acts on your behalf in connection with the rental, leasing, sale and purchase of property;
- your financier including any mortgage brokers that may be assisting you with any existing mortgage loan or application in relation to the sale or purchase of property;
- valuers, surveyors, insurers, re-insurers, claim assessors and investigators;
- financial institutions including deposit taking institutions;
- if you are a tenant, including any prospective tenant, your referees, including your employer or other individuals to confirm your identity and/or other details about you in any rental application that you submit;
- organisations in and associated with debt collecting;
- law enforcement agencies;
- government and/or regulatory bodies including (without limitation) the NSW Land and Property Management Authority, Australian Taxation Office, the NSW Office of State Revenue. In many cases, these organisations may share information with foreign authorities;
- mailing houses and telemarketing agencies that assist us to communicate with you;
- if we enter into, or propose to enter into, any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), that party (including its legal, financial and other professional advisers) to provide personal information in relation to or in connection with those arrangements; and
- service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business.
Sharing personal information with related companies
We may share personal information about you with our related companies for any of the purposes described above.
Sharing personal information outside of Australia
We may store information about you in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held.
We will take reasonable steps to ensure that any overseas organisation that receives your personal information will comply with the Act.
Personal information about other people
If you give us personal information about any other person in relation to, or in connection with, the rental/lease or sale of any property:
- we are entitled to assume that you have sought their consent to the disclosure of such personal information to us;
- access the personal information we hold about them.
General users of the website do not need to disclose their identity to us in order to use this website. This website does not, therefore, collect personal information about people who generally access it except in the circumstances described above.
We are not always able to deal with people who do not wish to identify themselves. This will be particularly the case when we are proposing to, or we do, act for a vendor or a landlord in relation to either the sale or rental/lease of any property. This will also apply where we are also dealing with actual or prospective tenants for any rental property that we manage.
Further, we are not able to allow people through any property inspections who do not wish to identify themselves as this can create security and other concerns for the property owner (among other considerations).
However, where possible, we can provide information of a general nature such as, for example, we can respond to general telephone and related enquiries about a rental/lease or sale property to unidentified individuals. Of course, if an individual makes an enquiry by email or other electronic or written methods then there is every possibility that the mode of communication may identify you.
We also collect general information about you when you use our websites via cookies. A cookie is an electronic token that is passed to the user’s browser which passes it back to the server whenever a page is sent to the user. Our servers may generate cookies which are used to keep track of the pages that users have accessed while using the website. The cookie also allows data to be inputted into a form or template and temporarily stored until the user chooses to save that form or template. Cookies generally remain on the user’s computer even after an internet session is ended and the computer rebooted. The cookie can be read by the server that placed it there during a subsequent visit to that same server. Their exact behavior is server specific.
When users visit this website, our server may log certain information, including the type of browser and operating system the user is using, the top level domain name (for example .com, .net, .au, etc), the address of the referring site (for example, the previous site visited), the geo-lthe server's IP address, the date and time of visit and the address of the pages accessed and the documents downloaded. This information is generally only for internal statistical analysis and system administration purposes. It is aggregated and anonymous and will not be used to personally identify you.
If you want to prevent cookies being used, you can change your browser settings to disable cookies. However, you may not be able to access all or parts of our websites, or you may experience reduced functionality when accessing certain services.
We take reasonable steps to protect all information which we hold (including personal information) from misuse, loss, and unauthorized access, modification or disclosure.
We may store information about you in cloud or other types of networked or electronic storage and in hard copy at our secured offices. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held.
Where appropriate, we use secure transmission facilities. However, no transmission of information over the internet can be guaranteed to be completely secure and we do not warrant the security of any information transmitted to us over the internet.
Links to other websites
Marketing and opt-out
We may from time to time, send direct marketing communications to you about us and our products and services, our property listings and any other material that we consider you would find interesting or useful. We may also use the information, including personal information (excluding sensitive information), provided by you for research purposes, to analyse and improve products, benefits and services and to inform users of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to users, unless the user tells us, or has previously told us, not to. If you are receiving email communications from us, there will be a mechanism to opt out contained in each of those emails. If you do not wish to receive any direct marketing communications, you can always opt out. To stop receiving other communications from us, you can contact us via any of the channels listed below.
If you choose to opt out of all direct marketing communications, please note that Boutique Property Agents may still contact you for other reasonable purposes, including information that Boutique Property Agents is legally required to send, notifications of changes to Boutique Property Agents’ products and services or policies and information regarding the use, rights, benefits or obligations of customers of our products and services.
We will not use your sensitive information for these purposes without your consent.
Accessing your Personal Information
It is important to us that the information we hold about you is up-to-date, accurate and complete, and we will try to confirm your details through our communications with you and promptly add updated or new personal information to existing records when we are advised. If any of your details change, please notify us as soon as you can.
Unless we are entitled to withhold access to your personal information (and there are various reasons why this may be the case), you have the right to request access to any personal information held by us which relates to you. We may charge a reasonable fee where access to personal information is provided. Any requests for access to your personal information should be made in writing to the Privacy Officer (details specified below). You also have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date.
If the user requires any further information about our management of personal information, has any queries or complaints, or if the user wishes to access or correct their personal information or make a complaint about our handling of that information please contact us as follows:
The Privacy Officer
Boutique Property Agents Pty Ltd
Level 1, 299 Elizabeth Street,
02 8815 8195