Privacy and Security Policy
Marilyn Davies – Real Estate Agent is committed to protecting the privacy of your personal information.
Marilyn Davies – Real Estate Agent is required to comply with the Privacy Act 1988 (Cth) including the Australian Privacy Principles (APPs) in Australia
Collection of your personal information
The kinds of personal information we collect and hold about you, and our use of that information, is dependent on the services we provide to you.
In addition, Marilyn Davies – Real Estate Agent is part of a national real estate franchise network providing real estate agency services for the buying and selling of residential properties.
Generally, this personal information may include (but is not limited to) your name, address, date of birth, telephone number, email address, details of the products or services you have enquired about, property value.
Generally, we collect your personal information directly from you. From time to time, we may collect personal information about you from third parties (for example, from your representative, from publicly available sources.
When collecting your personal information, we will take reasonable steps to provide you with certain information as required under the APPs, including the purpose of collection, who we may disclose your personal information to, any law that requires or authorises us to collect the information and the main consequences if we do not collect all of the personal information we require. If we collect your personal information from another source, we will take reasonable steps to ensure you are aware of the fact and the circumstances of that collection.
Generally, if we are unable to collect the personal information we require, we may not be able to provide you with the products and services you seek. If the information provided is incorrect or incomplete, this may also prevent, limit or otherwise affect our ability to provide products or services to you.
Purposes for which personal information is collected, held, used and disclosed
We will use and disclose your personal information for the purposes for which we collected it, and for other related purposes that you would reasonably expect. We may hold and process personal data that you provide to us in accordance with the GDPR.
Generally, these purposes include responding to your enquiries, providing you with services such as those set out in the section above, providing you with marketing information about our services, obtaining your feedback on your customer experience, conducting promotional activities and for our general business operations (for example, maintenance of our business records, compliance with our legal and insurance obligations and statistical purposes).
By providing us with your personal information, you consent to us using your personal information for these purposes. You agree that we may send you such information by post or by electronic means such as email. You can opt-out of marketing and promotional communications at any time by contacting Marilyn Davies at firstname.lastname@example.org.
Apart from the above instances, we may also use and disclose your personal information with your consent and as otherwise required or permitted by law.
We will only collect ‘sensitive information’ with your consent. We will assume that you have consented to us collecting all information which is provided to us by you for use in accordance with this policy, including any ‘sensitive information’, unless you tell us otherwise at the time you provide it to us.
Storage and security of your personal information
We may hold your personal information in electronic formats or in hard copy.
We take reasonable steps to securely store your personal information to ensure it is protected from unauthorised access, modification and disclosure, and from other types of misuse, interference and loss. This includes electronic and physical security measures and procedures, staff training and use of password protection software.
We will take reasonable steps to destroy or permanently de-identify your personal information when we no longer require it for any purpose for which it was collected. We may retain your personal information for as long as necessary to comply with any applicable law, for legal, insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes. Your personal information may also be retained in our IT system back-up records.
The transfer of data over the Internet is inherently insecure. We cannot guarantee the security, during transmission, of any personal information provided to us via our websites. Please bear this in mind when transmitting information by this means to us.
The Privacy Amendment (Notifiable Data Breaches) Act 2017 established the Notifiable Data Breaches Scheme (NDB scheme) in Australia (to be Part IIIC of the Privacy Act 1988 on commencement). The NDB scheme sets out obligations for notifying affected individuals, and the Australian Information Commissioner (Commissioner), about a data breach which is likely to result in serious harm.
Where serious harm to affected individuals is likely, we will notify those individuals and the Commissioner in accordance with our legal obligations. You may contact our Privacy Officer via the contact details below should you require additional information.
Access and correction of your personal information
The Privacy Act, APPs and the GDPR give you the right to access information held about you by us. You may lodge a request to access and correct personal information that we hold about you if you believe it is inaccurate, incomplete, out-of-date, irrelevant or misleading by contacting Marilyn Davies at email@example.com.
You may request that we provide you with access to the personal information we hold about you. Generally, we will provide you with access, except in limited circumstances where the APPs permit us to deny access. Any such requests must be made in writing and directed to our Privacy Officer via the details shown below. Under the APPs we are permitted to charge you a reasonable fee for providing access to your personal information. Please note that no fee will be incurred for requesting access, and if your request for access is accepted, we will inform you of the fee (if any) that will be payable for providing access if you proceed with your request.
You may ask us to inform you of the source of any personal information about you that we have collected from a third party. We will provide this at no cost, except in limited circumstances where the APPs or other laws permit us to withhold this information.
You have the right to change the permissions that you have given us in relation to how we may use your data. You also have the right to request that we cease using your data or that we delete all personal data records that we hold relating to you. You can exercise these rights at any time by contacting Marilyn Davies at firstname.lastname@example.org.
Making a complaint
You may lodge a complaint with us if you believe we have handled your personal information other than in accordance with the APPs. To do so please by contacting Marilyn Davies at email@example.com.
We will confirm receipt of your complaint and set out the time frame we require to investigate your complaint and provide you with a response. We will endeavour to respond as quickly as possible, which will typically be within 14 days of receiving your complaint.
For the purpose of the GDPR, we are the data controller and any enquiry regarding the collection or processing of your data should be addressed by contacting Marilyn Davies at firstname.lastname@example.org.