1. Introduction

At RED Real Estate (“RED Real Estate Pty Ltd”, “the company”, “us”, “we”, “our”) we are committed to safeguarding your privacy by ensuring your information is protected in a way that observes our own corporate values, as well as complying with the requirements of the National Privacy Principles of the Privacy Act(C’th) (1998), as amended (the “Act”).

This policy sets out the minimum procedures for safeguarding your privacy.

2. Scope of Statement

This statement applies to RED Real Estate Pty Ltd t/as RED Real Estate
ABN ………...

Most organizations in Australia must comply with the 10 National Privacy Principles of the Act. The objective of the Privacy Act is to set a standard for protecting the privacy of all individuals. The National Privacy Principles are explained in the detailed section of this statement as follows.

2.1 Privacy and the Company’s Corporate Relationship

RED Real Estate is a private company, and a member of the Real Estate Institute of Western Australia.

The Company is a Licensed Real Estate Agent under the provisions of the Real Estate and Business Agents Act.

RED Real Estate offers a range of real estate services including the marketing and negotiation of the sale or leasing of residential and commercial property, as well as sales of development projects.

The Company has referral relationships with other agents, banks, finance brokers, conveyancers, solicitors, financial advisors, valuers, insurers, trades people, maintenance and cleaning contractors in order to carry out its business.

3. Definitions

3.1 Personal Information

Your personal information includes details such as name, date of birth, contact details such as phone, fax, mobile numbers, and email addresses.

3.2 Sensitive Information

Sensitive information is a subset of personal information and by its ‘sensitive’ nature may have potential to be used to discriminate against someone. The recording of such information, therefore, has stricter requirements than other types of personal information.

Examples of sensitive information include but are not limited to personal information or opinions on your health, criminal records, sexual preferences, religion, political views etc. Sensitive information can only be recorded if it is relevant to do so and with your consent. Generally, such sensitive information is not considered relevant to the assessment of tenancy applications or to the provision of most real estate services or contracts.

4. RED Real Estate Privacy Principles

4.1.1 Collection of Personal Information ( National Privacy Principle 1)

Where you have requested a service, RED Real Estate collects your personal information where it is necessary primarily to identify you or your business entity and to assess and establish the service/s you have requested.

4.1.2 Your Rights and the Disclosure of Personal Information

You need not give personal information about yourself that may be requested by us to supply our services. However, without that information we may not be able to carry out our duties to our Principals (Property Owners) and for the service you requested.

4.1.3 Use of Information (National Privacy Principle 2)

RED Real Estate collects your information and uses the information to provide services requested by you. We may use your personal information for related purposes, such as credit agency reference and tenancy references in accordance with National Privacy Principles. Your personal information may also be used to complete internal business functions such as auditing, management reporting, research, product development, and planning.
 

4.1.4 Disclosure of Information

In providing services RED Real Estate may disclose your personal information to organizations that carry out functions on our behalf or on behalf of our Principals (Property Owners/Clients/Customers). This may include but are not limited to sales consultants, property managers, trades people, maintenance and cleaning contractors, pest controllers, service providers (water, electricity, sewerage and waste disposal, telephone etc), conveyancers and other service providers we may use in the provision of secondary services. This includes external auditors, computer and information technology service providers for computer, internet, network distribution and related functions.

Although RED Real Estate undertakes its best endeavours to ensure your personal information is safeguarded in a manner consistent with its privacy policy and only used to carry out functions on its behalf, we cannot accept liability for any misuse of your personal information by these organizations or individuals.

RED Real Estate may also use and disclose your personal information to complete business functions within RED Real Estate such as internal auditing, performance reporting, research, product development and planning.

4.1.5 Marketing

In accordance with National Privacy Principles, RED Real Estate may use your personal information to send direct marketing material about other products and services that may be of interest to you.

If you do not want to receive information about these products or services at any time, tell us by calling our Business Development Manager on ……... This does not preclude you from being provided with information about terms and conditions, statements and other information specific to your existing accounts or services.

4.1.6 Data Quality (National Privacy Principle 3)

RED Real Estate must ensure your personal information collected, used or disclose is, at all times, accurate, complete and up to date.

You should advise us immediately when you become aware that any information we hold about you is incorrect or out of date. We undertake to amend our records as soon as practical after it is advised subject to the validity of the request being confirmed.

4.1.7 Data Security (National Privacy Principle 4)

RED Real Estate will take all responsible steps to protect the personal information it holds from misuse and loss and from unauthorized access modification and disclosure. Your information may be stored in paper or electronic format.

Security measures implemented with respect to our IT systems will take account of internal and external recommendations, as well as general industry and technological developments in the provision of IT security services.

RED Real Estate IT security measures include state of the art firewall technology, encryption of internet and phone services and will provide unique user identification and password codes to your accounts as they come on line.

When using our internet services we may use “cookies” to ascertain product preferences and tailor future visits to the site to suit them. Most web browsers can be configured to not accept cookies, however, the site functionality may be restricted as a result. We do not collect information about you through our website other than statistical information or where you provide it.

4.1.8 Openness to RED Real Estate’s’ Practices (National Privacy Principle 5)

RED Real Estate has developed a policy and an internal Operations Manual that describes our information handling practices. Information in this statement gives you an overview into how we manage your personal information and your rights under the “Act”.

4.1.9 Access (National Privacy Principle 6)

You are entitled to access personal information we may hold about you. The type of information that you may request is your personal information as well as comments, opinions, and file notes that RED Real Estate holds about you.

We will process your request within a reasonable time, generally seven days for a simple request. However, additional time may be needed depending on the nature of the request.

There is no fee for lodging a request for personal information and proof of identity will be a prerequisite to the acceptance of any application. However, RED Real Estate reserves the right to recover reasonable costs associated with processing the request. You will be advised of the cost, if any, before we proceed.

RED Real Estate is not required to provide you with access to your information in some cases, i.e. where the law allows us to deny access. If we deny you access to your information you will be advised the reason why.

A request to access your personal information must be directed to the Business Development Manager.

4.1.10 Correction

You may ask RED Real Estate to correct personal information we hold about you at any time. The company undertakes to correct the information within a reasonable time provided it is satisfied as to the validity of the request being confirmed. If the validity of the request can not be confirmed by RED Real Estate you will be advised that we have not acted on it and the reason why. If RED Real Estate disagrees with your request to correct information it holds, you have the right to request a statement be held with the information noting your disagreement.

4.1.11 Identifiers (National Privacy principle 7)

Identifiers are unique numbers that a Commonwealth Government agency has assigned to you. These include Medicare and Tax File Numbers and an organization must not use government identifiers as its own identifiers for individuals.

RED Real Estate is sometimes required to collect identifiers such as Drivers Licence Number, Passport Number or Credit Card details for the purposes of  identification and the security of the properties under our management. You may choose not to provide those details, but we may then not be able to provide you with the service you request.

4.1.12 Anonymity (National Privacy Principle 8)

In complying with the National Privacy Principles, RED Real Estate will allow its customers and clients to interact anonymously wherever it is lawful and practical to do so.

4.1.13 Trans Border (Overseas) Data Flow (Privacy Principle 9)

Should you request a transaction or service where personal information may be transferred to another country, your information may be transferred to a country that does not have the same privacy laws as Australia. This may occur in instances where you are negotiating or entering into an agreement directly or indirectly with a non-resident owner, seller or buyer and your personal details may be divulged

4.1.14 Sensitive Information (National Privacy Principle 10)

If it is necessary to record sensitive information (such as health related information), we must obtain your specific consent to collect that information. Sensitive information is not generally required for most of the services we provide. You are entitled to access any information we record.

5. Information Required for Statutory Compliance Purpose

In addition to questions that RED Real Estate may ask to ensure general statutory compliance, there may be special circumstances where the company or its agents are required to seek additional information about you.

An example of this could be by way of application on your behalf to the Foreign Investment Review Board.

RED Real Estate may also be required to pass on personal information to Statutory Authorities under the provisions of various Commonwealth and State Government Acts, i.e. Australian Bureau of Statistics, Valuer Generals Office, Australian Taxation Office etc.

6. Further Information or Questions

Our company has trained its staff in accordance with the National Privacy Principles and has adopted procedures to ensure our compliance. However should you have any questions or require further information, please direct your enquiries to the Business Development Manager in the first instance.

Our Business Development Manager will also provide you with contact details for the Privacy Commissioner.

Management / Leasing Agreements

PRIVACY ACT 1988

COLLECTION NOTICE

The Agent uses personal information collected from the Principal to act as the Principal’s agent and to perform their obligations under this agreement. The Agent may also use such information collected to promote the services of the Agent and / or seek potential clients.

The Agent may disclose information to other parties including media organizations, on the internet, to potential tenants, or to clients of the Agent both existing and potential, as well as to trades people, owners’ corporations, government and statutory bodies, and to third parties as required by law.

The Agent will only disclose information in this way to other parties as required to perform their duties under this agreement, to achieve the purposes specified above or as otherwise allowed under the Privacy Act 1988.

If the Principal would like to access this information, they can do so by contacting the Agent at the address and contact numbers contained in the agreement. The Principal can also correct this information if it is inaccurate, incomplete or out-of-date.

Real Estate and tax law requires some of this information to be collected. If the information is not provided, the Agent may not be able to act on the Principal’s behalf effectively or at all.

Home Open

PRIVACY ACT 1988

COLLECTION NOTICE

We use personal information collected from you during open inspections for security purposes. (We may also use that information to contact you with respect to this property and others which we believe may interest you and in providing the information you agree to this use unless you advise us differently.) If the information is not provided, we may not be able to provide an effective service to you. Other than in the circumstances allowed under the Privacy Act 1988, we do not disclose information of this kind to other parties. If you would like to contact us or access this information you can do so by contacting us at 76 Outram Street, West Perth, telephone on (08) 9422 4600, fax us on (08) 9422 4611. or email us admin@redrealestate.com.au. You can also correct this information if it is inaccurate, incomplete or out-of-date.

Residential Premises Condition Reports

PRIVACY ACT 1988

COLLECTION NOTICE

Personal information collected by us through this report is necessary to manage the tenancy. The information collected in this report may be disclosed to other parties as permitted by the Privacy Act 1988 including the Landlord, other agents and operators of tenancy reference databases. Information already held on tenancy reference databases may also be disclosed to us. If you would like to contact us or access the personal information we hold about you, you can contact us at 76 Outram Street, West Perth, telephone on (08) 9422 4600, fax us on (08) 9422 4611. or email us admin@redrealestate.com.au You can also correct this information if it is inaccurate, incomplete or out-of-date. If the information is not provided we may not be able to manage the tenancy effectively.

Applications for Tenancy

PRIVACY ACT 1988

COLLECTION NOTICE

The personal information the prospective tenant provides in this application or collected from other sources is necessary for the Agent to verify the Applicants identity, to process and evaluate the application and to manage the tenancy. Personal information collected about the Applicant in this application and during the course of the tenancy (if the application is successful), may be disclosed for the purpose for which it was collected  to other parties including the landlord, referees, other agents, and third party operators of tenancy reference databases. Information already held on tenancy reference databases may also be disclosed to the Agent and/or Landlord. If the Applicant enters into a Residential Tenancy Agreement, and if the Applicant fails to comply with their obligations under that agreement, that fact and other relevant personal information collected about the Applicant during the course of the tenancy may also be disclosed to the Landlord, third party operators of tenancy reference databases and/or agents.

If the Applicant would like to access the person information the Agent holds, they can do so by contacting us at 76 Outram Street, West Perth, telephone on (08) 9422 4600, fax us on (08) 9422 4611 or email us admin@redrealestate.com.au. The Applicant can also correct this information if it is inaccurate, incomplete or out-of-date. If the information is not provided the Agent may not be able to process the application and manage the tenancy.