AUSTRALIA
PRIVACY STATEMENT
Last updated: 1st August, 2023
INTRODUCTION
Headland Commercial and its related companies (collectively referred to as
"Headland Commercial", "us" or "we") respect the
privacy and security of your Personal Information, as defined below, and comply
with the requirements of the Australian Privacy Principles ("APP")
under the Privacy Act 1988 (Cth) ("the
Act").
This Privacy
Policy explains in general terms how Headland
Commercial handles your
Personal Information. However, it does not apply to Headland Commercial employee records to the extent they are
handled by any of our companies that is or was the employer of that employee in
relation to the employee's current or former employment. Such employee records
are generally exempt from the Act and will be dealt with as permitted by
law.
You may be able to
deal with us without identifying yourself (i.e. anonymously or by using a
pseudonym) in certain circumstances. If you wish to do so, please contact us to
find out if this is practicable in your circumstances. However, if you do not
provide us with the Personal Information we have requested, we may not be able
to complete or fulfil the purpose for which we collect the information,
including providing our services.
By visiting our
website, using any of our services or otherwise providing us with your Personal
Information (or authorising it to be provided to us by someone else), you agree
to your Personal Information being collected and handled as set out in this Privacy
Policy.
WHAT PERSONAL
INFORMATION DO WE COLLECT AND HOLD?
Under the Act Personal Information is defined as information or an opinion
about an identified individual, or an individual that is reasonably
identifiable, in whatever form and regardless of whether it is true or not
("Personal Information"). The Act also defines a subset of Personal
Information as sensitive information (for example health records, racial or
ethnic origin, religious beliefs, criminal records).
The types of
Personal Information we collect and hold will depend on the circumstances of
collection and on the type of service we are providing.
We may also
collect and hold certain sensitive information that is reasonably necessary for
the provision of our services, including health and criminal records. If you
provide us with any sensitive information, you consent to us collecting that
information and handling it in accordance with this Privacy Policy.
HOW WE COLLECT
PERSONAL INFORMATION
We may collect Personal Information either directly from you, or from third
parties. We may collect this information when you deal with us over the
telephone, send us correspondence (whether by letter or email), have contact
with us in person, visit our websites or complete hard copy or online
forms.
Depending on the
type of service you or our customers have requested, we may also seek to
collect information about someone else from you (for example, contact details
of your solicitor, emergency contact person or tenant). However, you must not
provide us with Personal Information about another person unless you have clear
consent from that person to do so, told them that their Personal Information
will be handled in accordance with this Privacy Policy and directed them to
where they can find it.
Regardless of how
it is collected, we handle Personal Information in accordance with this Privacy
Policy.
WHY WE COLLECT,
HOLD AND USE PERSONAL INFORMATION
We generally collect, hold and use your Personal Information for the purposes
for which it is provided to us (which will usually be obvious at the time of
collection), related purposes or as permitted or required by law. Such purposes
may include:
- providing you with promotional and marketing information, including market
research reports, newsletters, event invitations and/or property market
information relating to our products and services which we think may be of
interest to you; and
- administration of our business, such as collection of overdue or outstanding
fees;
- responding to member enquiries and communicating with you from time to
time to maintain contact and keep you updated on the services you have
requested;
- complying with the applicable legal or regulatory requirements and/or orders
of competent authorities;
- any other purpose identified at
the time of collecting your Personal Information.
We generally use
information automatically collected by cookies and other tracking technology to
identify you as a valid user, ensure that no one else can sign on
simultaneously with your account from another computer and help us serve you
better based on your registration preferences.
We may also use cookies to help us facilitate any promotions or surveys that we
provide. We may also use cookies to enable us to collect data that may include
Personal Information. For example, where a cookie is linked to your account, it
may be considered Personal Information under the Act.
We will handle any Personal Information collected by cookies in the same way
that we handle all other Personal Information as described in this Privacy
Policy.
Third parties whose products or services are accessible on our websites may
also use cookies, and we advise you to check their privacy policies for
information about their cookies and other privacy practices.
DISCLOSURE OF
PERSONAL INFORMATION
We may disclose your Personal Information to third parties as may be necessary
for any of the purposes stated in the above section. Such third parties
generally include our third party providers,
contractors, consultants, agents and/or representatives (such as law firms,
banks, financial institutions, insurers, IT providers, and/or wealth management
services providers) who provide services to us or on our behalf, including to:
- conduct
valuations;
- operate data centres;
- conduct market research;
- provide advice;
- anyone you have authorised to deal with us on your behalf;
- any of the companies within the Headland Commercial and their related companies;
- government authorities, regulatory bodies, law enforcement agencies,
courts, tribunals and/or parties to the legal proceedings where you have
consented to this or we are required or authorised to do so by law;
- debt collection agencies; and/or
any other third
parties identified at the time of collection of your Personal
Information.
DISCLOSURE OF
PERSONAL INFORMATION OUTSIDE AUSTRALIA
However, you acknowledge that, by agreeing to the disclosure of your Personal
Information to the above third parties, you consent to the disclosure of your
Personal Information outside of Australia and acknowledge that we are not
required to ensure the overseas recipient's compliance with Australian privacy
law in relation to your Personal Information and we will not be liable to you
for any breach of Australian privacy law by these overseas recipients. We will,
however, take reasonable steps to ensure that any overseas recipient will deal
with such Personal Information in a way that is consistent with the APPs. On
this basis, you consent to such disclosure.
SECURITY OF
PERSONAL INFORMATION
We take reasonable steps to protect any Personal Information that we hold from
misuse, interference and loss and from unauthorised access, alteration and
disclosure. For example, we implement IT security procedures including password
protection, firewalls and site monitoring and we store your Personal
Information on a secure server.
However, data
protection measures are never completely secure and, despite the measures we
have put in place, we cannot guarantee the security of your Personal
Information. You must take care to protect your Personal Information (for
example, by protecting any usernames and passwords). You should notify us as
soon as possible if you become aware of any security breaches.
DIRECT
MARKETING
When you register as a member on our websites, you will be given a choice as to
whether you want to receive e-mail messages from us, including newsletters,
announcements and e-mail communications about our latest news, products or
services. To the extent the relevant local law requires us to seek your
consent, we will only send such messages to you if you opt-in.
If you do not wish
to receive direct marketing calls or materials, you may use the unsubscribe
facility in the marketing communication or contact us. Further, as a registered
member with us, you can modify your choice at any time by accessing your registered
account with us. We will stop using your Personal Information for direct
marketing if you so request.
PRIVACY ON OUR
WEBSITES
Our websites may contain links to the websites of other entities. If you click
on such links, you will be transferred to the websites of these entities. We
have no control over, and are not responsible for, the privacy practices of
these entities. You should read the privacy policy of these entities to find
out how they handle your Personal Information when you visit their
websites.
ACCESSING OR
CORRECTING YOUR PERSONAL INFORMATION
You can access the
Personal Information we hold about you by contacting us using the information
below. Sometimes, we may not be able to provide you with access to all of your
Personal Information and, where this is the case, we will tell you why. We may
also need to verify your identify when you request
your Personal Information.
If you think that
any Personal Information we hold about you is inaccurate, please contact us and
we will take reasonable steps to ensure that it is corrected.
WHAT IF YOU
HAVE A COMPLAINT?
If you wish to make a complaint about a breach of this Privacy Policy or the
APPs under the Act you can contact us using the contact details below. Please
include your name, email address and/or telephone number and provide sufficient
details regarding your complaint together with any supporting evidence.
We will
investigate the issue and determine the steps that we will undertake to resolve
your complaint. We will contact you if we require any additional information
from you and will notify you in writing of the outcome of the
investigation.
If you are not
satisfied with our determination, you can contact us to discuss your concerns
or contact the Australian Privacy Commissioner via www.oaic.gov.au.
PRIVACY & SITE CHANGES
Headland Commercial may update this Privacy Policy from time
to time so please review it periodically for changes.
Your continued use of our websites or services, requesting our assistance or
the provision of further Personal Information to us (directly or via an
authorised person) after this Privacy Policy has been revised, indicates your
acceptance of the revised Privacy Policy.
OUR CONTACT
DETAILS
If you have a query relating to this Privacy Policy or wish to make a
complaint, please contact us using the following contact details:
The Office Manager
Headland Commercial
PO Box 205
Freshwater
NSW 2096
Australia
Email address: mark@headlandcommercial.com.au
Phone: 1300 18 44
18
For more
information about the Privacy Act in Australia and protecting your privacy,
visit the website below:
www.privacy.gov.au