Privacy Policy

About this Privacy Policy

Activerealestate.com.au Pty Ltd and Activepropertymangers.com.au Pty Ltd (Active) is committed to respecting your right to privacy and protecting your personal information. When bound by the Privacy Act 1988 (Privacy Act) and the Australian Privacy Principles set out in the Act. We will ensure that all officers, employees and subcontractors are aware of and understand Active’s obligations as well as their own obligations under the Act. We will achieve this through the provision of training and through maintaining and implementing internal policies and procedures to prevent personal information from being collected, used, disclosed, retained, accessed or disposed of improperly. This Policy applies to all of your dealings with us, whether in person, via telephone, email, correspondence through our website.

• Give you a better and more complete understanding of the kinds of personal information we collect and hold.
• Clearly and concisely communicate how and when we collect, disclose, use, store and otherwise handle personal information.
• Inform you about the purposes for which we collect, hold, use and disclose personal information.
• Provide you with information about how you may access your personal information, and seek correction of your personal information.
• Provide you with information about how you may make a complaint, and how we will deal with any such complaint.
• Advise you of the circumstances in which we are likely to disclose personal information to overseas recipients.
• And enhance the transparency of our operations.

Collection of Personal Information

Whenever you deal with Active whether as a current or prospective seller, buyer, lessor or lessee or other, we will collect personal information e.g your name or contact details in order to provide services to you. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the services we provide or the functions we carry out. We will not ordinarily ask you to provide sensitive information. There may be circumstances, however, where the information provided by you reveals sensitive information.

For example

• You may require a property with particular features, such as wheelchair ramps. This may reveal health information.
• In providing details of your spouse or de facto partner, this may reveal sensitive information regarding your sexual orientation.

We will only collect sensitive information in circumstances where:

• It is reasonably necessary for one or more of the services we provide or the functions we carry out; and
• You consent to the collection of the information.

Use and Disclosure of Personal Information

Personal information collected by Active will ordinarily be used for the following purposes:

• Assisting you to sell your property.
• Assisting you to purchase a property.
• Assisting you to lease a property (either as lessor or lessee).
• Assisting you to obtain a loan.
• Assisting you with payment or refund of a bond.
• Assisting you with tenancy disputes.
• Coordinating repairs or maintenance to a property owned or leased by you.
• Recording or accessing information at the Titles Registry Office or other governmental agency.
• Recording or accessing information at the Residential Tenancies Authority.
• Recording or accessing information on tenancy information services or databases.
• Client and business relationship management.
• Marketing of products and services to you.
• Personalise our website for you;
• Enable your use of the services available on our website;
• Send you email notifications that you have specifically requested;
• Send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter – Refer to the Contacting Us Section below);
• Send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications - Refer to the Contacting Us Section below);
• Provide third parties with statistical information about our users (but those third parties will not be able to identify you from that information);
• Deal with enquiries and complaints made by or about you relating to our website;
• Keep our website secure and prevent fraud;

Verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); In order to achieve the purposes described above, we may disclose your personal information to the persons/organisations described below:

• In the event that you are a seller, buyer, lessee or lessor, we may disclose your personal information to prospective buyers of the property owned or leased by you.
• Your legal advisor(s) and the legal advisor(s) representing the other party(ies) involved in your transaction.
• Your financial institution and/or financial advisor.
• Insurance providers and brokers;
• Utility providers and utility connection service providers;
• Persons or organisations involved in providing, managing or administering your product or service, including independent contractors engaged by us as real estate agents;
• Tradespeople engaged by us to repair or maintain a property owned or leased by you;
• Organisations involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including maintaining or upgrading our computer systems.
• Persons or organisations involved in purchasing part or all of our business.
• Organisations involved in the payments systems including financial institutions, merchants and payment organisations.
• The Titles Registry Office or other government agency.
• The Residential Tenancies Authority.
• Tenancy information services or databases.
• Real estate peak bodies.
• Real estate websites.
• Police.

We will only use and disclose personal information for the primary purpose for which it was initially collected, or for purposes which are directly related to one of our functions or activities. We will not disclose your personal information to government agencies, private sector organisations or any third parties unless one of the following applies:

• You have consented.
• You would reasonably expect, or you have been told, that information of that kind is usually passed to those individuals, bodies or agencies.
• It is otherwise required or authorised by law.
• It is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (e.g. police, ASIC, Immigration Department).

Personal information provided to Active may be shared with its related companies. We will take all reasonable and practical measures to keep such information strictly confidential. In the course of providing services to you, it may be necessary for us to enter your personal information into forms generation software and real estate websites. Depending on the terms of use of such software and websites, a third party may acquire rights to use or disclose information entered into the relevant forms or websites.

The collection and use of personal information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.

Active may transfer your personal information to overseas countries in order to perform one or more of our functions or activities. In these circumstances, we will take reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to the information. Like many other businesses in Australia, Active may rely on third party suppliers or contractors to provide specialised services such as web hosting, cloud computing technology and data storage services If personal information is provided to these suppliers and contractors in order to enable them to perform the agreed tasks, we will make every effort to ensure that the supplier or contractor handles the personal information in accordance with the Act and the Australian Privacy Principles. We will also require all suppliers and contractors to provide privacy undertakings and enter into confidentiality agreements. There may be limited circumstances in which it is necessary for us to collect a government related identifier such as your tax file number or Centrelink reference number. We will not use or disclose your government related identifiers unless we are required or authorized to do so by law or by a court or tribunal order, or in order to fulfil our obligations to a State or Territory authority.

Marketing our products and services

Active may use or disclose your personal information to let you know about products and services in which you may be interested. You can contact us at any time if you no longer wish us to market our products and services to you (see the Contacting Us section below for more information). “We may disclose your personal information in order to facilitate direct marketing by third party suppliers. You may contact us at any time to request that we refrain from providing your personal information to them (see the Contacting Us section below for more information).

Accuracy of Personal Information

Active will take reasonable steps to ensure that all personal information it collects, uses or discloses is accurate, complete and up-to-date. If you believe your personal information is not accurate, complete or up-to-date, please contact us (see the Contacting Us section below for more information).

Security

Your personal information may be stored in hard copy documents or electronically. Active is committed to keeping your personal information secure and safe. Some of the ways we do this are:

• Requiring employees and contractors to enter into confidentiality agreements;
• Using secure hard copy document storage (e.g. storing hard copy documents in locked filing cabinets).
• Implementing security measures for access to our computer systems;
• Providing a discreet environment for confidential discussions;
• Access control for our buildings.
• Having security measures in place for our websites (see the Your Privacy on the Internet section for more information);and
• Securing (password- and firewall-protected) servers.

We will review and update our security measures from time to time. In addition, we will review the personal and sensitive information held by us from time to time, ensuring that information which is no longer required for the purpose for which it was initially collected is destroyed or de-identified.

Your Privacy on the Internet

Active takes care to ensure that the information you provide to us via our website is protected. For example, our website has electronic security systems in place, including the use of firewalls. You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.

Access to Personal Information

You may request access to personal information that Activerealestate.com.au Pty Ltd holds about you (see the Contacting Us section below for more information). We will deal with your request within thirty days.

You will need to verify your identity before access to your personal information is granted.

While we cannot and do not charge an “application fee” for you applying to access your personal information, we may charge a fee for actually giving you access to your personal information in your preferred format (where reasonable and possible), which will cover our costs involved in locating and collating information as well as reproduction costs. Once your request has been processed by Active, you may be forwarded the information by mail or email or you may personally inspect it at the location where the information is held or another appropriate place. Whenever possible, we will endeavour to make the information available to you in the manner requested by you unless it is unreasonable for us to do so (e.g. if you have asked for the information to be emailed to you, we will endeavour to email the information to you. If the file size would be too large, we may send you the information by hard copy instead of email). If you are aware that we hold personal information about you that is no longer accurate, complete or up-to-date, please contact us (see the Contacting Us section below for more information).

If you request access to your personal information, or if you request that we correct your personal information, we will allow access or make the correction unless we consider that there is a sound reason to withhold the information, or not make the correction.

Under the Act, we may refuse to grant access to personal information if:

• We believe that granting access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety.
• Granting access would have an unreasonable impact upon the privacy of other individuals.
• Denial of access is required or authorised by law or by a Court or Tribunal order.
• Giving access would be unlawful.
• The request for access is frivolous or vexatious.
• Legal proceedings are underway or anticipated and the information would not be accessible by way of the discovery process in those proceedings
• Giving access would reveal our intentions in relation to negotiations between us and you in such a way as to prejudice those negotiations.
• Giving access is likely to prejudice enforcement related activities conducted by, or on behalf of, an enforcement body.
• Giving access is likely to prejudice action being taken or to be taken with respect to suspected unlawful activity or serious misconduct relating to our functions or activities.
• Giving access would reveal information in connection with a commercially sensitive decision-making process.

If we do not agree to make a correction to your personal information, you may provide a statement about the requested corrections, and we will ensure that the statement is apparent to any users of the relevant personal information

If we do not agree to provide access to your personal information or to correct your personal information, we will provide written reasons for the refusal and the mechanisms available to complain about the refusal (see the Complaints section for more information).

Contacting us

If you do not wish to receive any information from Activerealestate.com.au Pty Ltd please contact the Office Manager, Activerealestate.com.au GPO Box 1175, Toowong, Qld 4006 or email [email protected]

Complaints

If you consider that there has been a breach of the Australian Privacy Principles, you are entitled to complain to Activerealestate.com.au Pty Ltd as above. We will acknowledge receipt of a complaint within 2 business days. We will investigate the complaint and attempt to resolve it within 20 business days after the complaint was received. Where it is anticipated that this timeframe is not achievable, we will contact you to provide an estimate of how long it will take to investigate and respond to the complaint.

If you consider that we have not adequately dealt with a complaint, you may complain to the Office of the Australian Information Commissioner on the below details:

By Post
Officer of the Australian Information Commissioner (OAIC)
GPO Box 5218
SYDNEY NSW 2001

By Email
[email protected]

By Telephone
1300 363 992

Disclaimer

Activerealestate.com.au Pty Ltd makes no representations about the accuracy or suitability of the information or links provided on its web pages. Without limitation, this extends to any market research or commentary contained in this website. The information is provided "as is" without express or implied warranty. Any person viewing these web pages must make their own independent enquiries before relying on any information provided in this website. To the extent permitted by law, Benert excludes:

All warranties whether express, implied, statutory or otherwise, relating in any way to this website or your use of this website; and all liability (including for negligence) to you or anyone else in respect of any loss or damage (including special, indirect, or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) however caused by, arising from or in connection with any use of this website or the information on or accessed through it. Where any legislation implies any term, representation or warranty into your accessing of this website, and that legislation prohibits exclusion of that term, then that term is included. However, to the extent permitted by that legislation, Active’s liability for any breach of that term is limited to supplying the services again.

Copyright Notice

© Activerealestate.com.au 2017.

This web-site and its contents are subject to copyright under the laws of Australia and, through international treaties, other countries. The Copyright is owned by Activerealestate.com.au Pty Ltd, or in the case of some of the materials, by third parties. The material on this web-site may be downloaded for personal use only and may not be used for any other purpose without the prior written consent of Activerealestate.com.au Pty Ltd. You must not reproduce, transmit, adapt or otherwise exercise the copyright in the whole or any part of this web-site except with the prior written consent of Activerealestate.com.au Pty Ltd.

Trade Mark Notice

This site includes registered trade marks and trade marks which are otherwise protected by law including but not limited to the Activerealestate.com.au Pty Ltd logos. Unless otherwise indicated they are owned by Activerealestate.com.au Pty Ltd in Australia and may be the subject of rights in other countries. You must not use any of the Activerealestate.com.au Pty Ltd trade marks or trading names except with the prior written consent of Activerealestate.com.au Pty Ltd.

Third Party Sites

This web-site includes links to third party sites. Activerealestate.com.au Pty Ltd is not responsible for the condition or the content of those sites as they are not under the control of Activerealestate.com.au Pty Ltd Links to third party sites are provided for convenience only and do not indicate any endorsement of the site or the products or services provided at those sites or by the organisations promoting those sites. You access those sites and use the products or services at those sites solely at your own risk.

Applicable Law

This web-site (excluding any linked third party sites) is controlled by Activerealestate.com.au Pty Ltd, Australia. By accessing this site, you accept that any disputes about this website or its contents are to be determined by the Courts having jurisdiction in New South Wales in accordance with the laws of New South Wales.

This web-site may be accessed throughout Australia and overseas. Activerealestate.com.au Pty Ltd makes no representation that the content of this web-site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

Customer Complaints Procedure

Activerealestate.com.au Pty Ltd is required by law to provide all customers a process for registering complaints along with a process for dealing with these should they arise.

We understand that in many instances disputes can arise through, lack of communication or knowledge and in these instances usually are easily resolved when the correct information is conveyed. In all circumstances we need the opportunity to investigate the complaint and provide the results of such investigation to the complainant.

Our process for dealing with all complaints is:

A. All complaints to be in writing detailing the grievance.
B. All complaints responded to in writing to the complainant within 7 days.
C. Complainant not satisfied with response. The complainant should forward the original complaint and our response to the Real Estate Institute of Queensland detailing why they are not satisfied under Section 48 of the Institute By-laws “Complaints by Public”
D. Agent has a requirement to then respond to the Real Estate Institute of Queensland, who in turn will investigate and respond to the Complainant.

At any point through the process the Agent offers the complainant opportunity for a dispute resolution meeting between all parties with an independent arbitrator if required.

It should be noted that in matters of Tenancy disputes, it would be normal to refer to the rights and obligations under the Residential Tenancies Act, which provides may formal processes to resolve disputes through mediums such as the Residential Tenancies Authority and the Small Claims Tribunal. In these instances it would be anticipated that these types of matters would not normally, be dealt with as complaints but rather as tenancy disputes, under other formal processes.

All complaints should be addressed in writing to:

The Managing Director
Activerealestate.com.au
PO Box 1175
TOOWONG QLD 4066