1.1. We are committed to respecting your right to privacy and protecting your Personal Information;
1.2. This Policy is governed by the Privacy Act 1988 (Cth) (the “Act”) and the Australian Privacy Principles in Schedule 1 of the Act;
1.3. The purpose of this Policy is to ensure the open and transparent use of Personal Information;
1.4. This Policy describes how We collect, use, manage and deal with your Personal Information and Sensitive Information;
1.5. This Policy applies to all your dealings with us, whether in person, or via telephone, email, other digital means, correspondence, our website or by any other means of communication;
1.6. This Policy will be reviewed by us from time to time, or if any significant changes to our business occur, to ensure that this Policy continues to comply with the Act; and
1.7. This Policy is available from us at your request free of charge.
2. Definitions
For the purpose of this Policy, the following terms will have the following meanings, and all other terms will otherwise have the meanings as attributed to them by section 6 of the Act:
“Act” means the Privacy Act 1988 (Cth); “Associated entities” has the same meaning as defined under the Corporations Act 2001 (Cth);
“Business” means any business conducted by us from time to time including (without limitation) acting as an agent in relation to property related transactions (such as the sale, purchase, lease, management and/or development) and/or other property and building management services.
“Health information” has the same meaning as defined in the Act. “We” means each of the below entities and any associated entities or trusts (also referred to in this document as “we”, “us” or “our”):
Inlong Investment Pty Ltd ACN 609 504 172
Inlong Investment Pty Ltd ACN 609 504 172 as trustee for Kim & Wu Investment Trust
“Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
“Policy” means this Privacy Policy.
“Sensitive information” means:
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(a) Information or an opinion about an individual’s:
(i) Racial or ethnic origin; or
(ii) Political opinions; or
(iii) Membership of a political association; or
(iv) Religious beliefs or affiliations; or
(v) Philosophical beliefs; or
(vi) Membership of a professional or trade association; or
(vii) Membership of a trade union; or
(viii) Sexual orientation or practices; or
(ix) Criminal record
that is also Personal Information; or
(b) Health information about an individual; or
(c) Genetic information about an individual that is not otherwise Health information; or
(d) Biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) Biometric templates.
“you”/“your” means any individual or entity who engages in any capacity or has any dealings whatsoever with us.
3. Our Obligations
We will ensure that all of our officers, employees, agents and subcontractors who deal with your personal information are aware of and understand our privacy obligations as well as their own obligations under the Act.
We will achieve this through the provision of training and through maintaining procedures
to prevent Personal Information from being collected, used, disclosed, retained, accessed or disposed of improperly.
Collection of Personal Information
4.1. Whenever you deal with us, whether as a current or prospective customer, seller, buyer, user of our website or in any other way (which includes corresponding with
us), we will collect Personal Information.
4.2. We do not collect Personal Information unless it is reasonably necessary for, or directly related to, all functions or activities of our Business.
4.3. In accordance with Australian Privacy Principle 2 under the Act, we may be unable to give you the ability to be anonymous or to use a pseudonym because we may reasonably require your Personal Information as it directly relates to the functions or activities performed by us.
4.4. The types of Personal Information we generally collect and hold includes but is not limited to:
a. Name;
b. Date of birth;
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c. Residential address;
d. Postal address;
e. Email address;
f. Home telephone number;
g. Work telephone number;
h. Mobile telephone number;
i. Your occupation and business address;
j. Details of properties owned by you;
k. Details of properties leased by you;
l. Other identification information;
m. Payment details/history;
n. Household details;
o. Financial information including details of your employer, income, name of bank or financial institution;
p. Details of your spouse, de facto, dependent children, and others related to you;
q. Details requested as part of any promotion/special deals that we are promoting from time to time; and
r. Any other personal information that may reasonably be required by us to perform our Business.
4.5. We will use lawful and fair means to collect your Personal Information directly, including when you fill out a form or when you give us Personal Information in person, or via telephone, email, correspondence, our website or by any other means of communication. We may collect information other than from you where it is unreasonable or impractical to collect the Personal Information directly from you. We may also collect information relevant to survey responses and use of digital platforms such as our website.
4.6. We may collect Personal Information from a third party or a publicly available source
directly related to our functions or activities including but not limited to:
4.6.1. a credit reporting agency;
4.6.2. your adviser/s;
4.6.3. government agencies;
4.6.4. any landlord or tenant relevant to a property you have owned or rented;
4.6.5. your past or current employers;
4.6.6. persons related to us;
4.6.7. other real estate agents, service providers, data providers or entities involved in our Business.
4.7. By dealing with us, you consent to us collecting your Personal Information from any of the sources referred to in 4.6 above.
4.8. If we receive Personal Information that we did not solicit directly from you, we will determine, within a reasonable period after receiving the information, if we would have been able to collect the information directly from you as part of our functions
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and activities. If we are not satisfied that we would have been able to lawfully collect the information, then we will (if it is lawful and reasonable) destroy the information or ensure that it is de-identified.
4.9. There may be limited circumstances in which it is necessary for us to collect a government related identifier such as your tax file number. We will not use or disclose your government related identifiers unless we are required or authorized to do so by law.
Collection of Sensitive Information
5.1. We will not collect Sensitive Information about you unless:
5.1.1. You consent to the collection of the information and it is reasonably necessary to for the functions or activities carried out by us;
5.1.2. We are required or authorized by law to collect the Sensitive Information.
5.2. There may be circumstances where we may require Sensitive Information to be provided by you or circumstances where Sensitive Information is revealed by you, for example:
5.2.1. You may require a good or service with particular features that may reveal Sensitive Information; and/or
5.2.2. In providing details it may inadvertently reveal Sensitive Information.
Use and Disclosure of Personal Information
6.1. We will use and disclose your Personal Information or Sensitive Information for the primary purpose of performing functions and activities relative to our Business, including but not limited to:
a. to enable you to access and use our website and content;
b. to operate, protect, improve and optimise our website, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
c. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
d. to send you marketing and promotional messages and other information that we think may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting;
e. to enable us to provide any real estate related goods or services including but not limited to the investment, purchase, sale or lease of property;
f. to administer rewards, surveys, contests, or other promotional activities or events sponsored or managed by us or our business partners;
g. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
h. to consider your employment application;
i. to consider any proposal by you to conduct work for us or any of our clients; and
j. client and business relationship management,
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(the “Primary Purpose”)
6.2. To enable our office to perform the Primary Purpose in 6.1 above we may need to disclose your Personal Information or Sensitive Information to certain individuals and/or organisations, including but not limited to:
a. Our related or Associated entities;
b. Persons or organisations involved in providing, managing or administering your product or service, including independent contractors and employees engaged by us;
c. Organisations involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including maintaining or upgrading our computer services;
d. Persons or organisations involved in purchasing part or all of our business;
e. Police;
f. Government agencies;
g. third party suppliers and service providers;
h. professional advisers, dealers and agents;
i. Organisations involved in the payments systems including financial institutions, merchants and payment organisations;
j. our existing or potential agents, business partners or partners;
k. our sponsors or promoters of any competition that we conduct via our services;
l. specific third parties authorised by you to receive information held by us; and/or
m. other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.
6.3. We will not otherwise disclose your Personal Information or Sensitive Information for another purpose unless:
6.3.1. You have consented;
6.3.2. You would reasonably expect us, or you have been told, that the we will use or disclose the Personal Information or Sensitive Information in accordance with the Act;
6.3.3. It is otherwise required or authorised by law; and
6.3.4. It is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body.
6.4. Personal Information provided by you may be:
6.4.1. Shared with our associated entities as defined by the Corporations Act 2001 (Cth);
6.4.2. Shared with other businesses that We conducts business with, including businesses conducted by our related entities, and financiers; and
6.4.3. Used by us, as necessary, to enter your Personal Information into forms, generation software and other software. Depending on the terms of use of such software, a third party may acquire rights to use or disclose information entered.
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Overseas Disclosure
7.1. The use and disclosure of Personal Information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.
7.2. We may send your Personal Information to parties in another country in performing the Primary Purpose and we will take reasonable steps to ensure that such parties protect the privacy and security of Personal Information or Sensitive Information.
7.3. We will not otherwise send Personal Information or Sensitive Information about an individual outside Australia without obtaining the consent of the individual concerned (in some cases consent will be implied) and otherwise complying with the Act.
Accuracy, Access, Correction and Security of Personal Information
8.1. Accuracy
We will endeavor to ensure that your Personal Information and Sensitive Information is accurate, up to date and complete.
8.2. Access and Correction
8.2.1. You may request to access Personal Information held by us about you and to request the correction or amendment of any Personal Information. We will attempt to resolve your request within a reasonable period.
8.2.2. For your own benefit, we may require verification of your identity prior to allowing access to your Personal Information.
8.2.3. Your request to access your Personal Information is free of charge. Please contact our Privacy Officer in this regard. We may charge a fee to cover our expenses associated with locating, retrieving, reviewing and copying any material requested as well as providing the material in your requested format.
We will, where practicable, advise of the costs associated with your request in advance where you ask us to do so.
8.2.4. We reserves its right not to disclose Personal Information or Sensitive Information if such disclosure is prohibited by the Act.
8.3. Security
8.3.1. We will take reasonable steps to ensure the security of your Personal Information and Sensitive Information to protect it from misuse, interference and loss and from unauthorized access, modification or disclosure. Whilst we will undertake reasonable steps to protect Personal Information, the world wide web and other digital platforms are insecure. Due to this, we cannot guarantee the security of Personal Information transmitted through our website or other digital platforms that we use. Any Personal Information you transmit online is done so at your own risk.
8.3.2. We will take reasonable steps to ensure that any Personal Information or Sensitive Information we no longer need will be destroyed or de-identified.
8.3.3. You acknowledge that we have a website that may be linked to our related entities and that you may provide Personal Information or Sensitive Information through our website and as a result your Personal Information and Sensitive Information may be available to the above mentioned in this paragraph.
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8.3.4. You may click on a link on our website to another website not affiliated with us. They may have their own Privacy Policy not associated with us. We take no responsibility in this regard.
Marketing
9.1. We, or those that we have advised in this Policy that we may share your Personal Information with, may use your Personal Information to market products and services to you.
9.2. We do not use Sensitive Information for marketing purposes unless you have provided your consent.
9.3. If at any time you no longer wish to receive any additional marketing material from us or do not want your Personal Information or Sensitive Information used or disclosed for direct marketing purposes, contact our Privacy Officer to be removed from any marketing material.
Cookies and Links
Cookies are a small text file that is stored on a computer system via an Internet browser or other software. Cookies may collect information about a user’s visit to a website and record data such as how the user accessed the website or application (i.e search engines), Internet Protocol addresses and what parts of the website was accessed. From time to time, our websites may use cookies to;
a. facilitate your internet sessions;
b. offer you services according to your preferred settings;
c. track use of our websites; and or
d. compile statistics about activities carried out on our web sites.
You can disable cookies through your internet browser. However, if you do so, you may not be able to use certain features and functions of our websites.
Where cookies collect Personal Information that Personal Information will be dealt with in accordance with this Privacy Policy.
Hyperlinks
Other websites may be accessible via hyperlinks from our websites.
Those websites may be owned and operated by third parties and in such instance we have no control of the content of those websites. Additionally, those websites will not be subject to this
Privacy policy an you should review the privacy policy of each individual website you access and assess whether the policy is satisfactory for you.
Contact Us
12.1. Privacy Officer
12.1.1. Any correspondence should be directed in writing to our Privacy Officer: [Name]
Address: Attention: Privacy Officer
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C/- 2/16 Falkinder Avenue, Paradise Point QLD 4216
Email: admin@ivyrealty.com.au
Telephone No: +61 5501 5564
12.2. Complaints
12.2.1. Any complaints by you concerning your Personal Information and Sensitive Information must be made in writing and sent to the above Privacy Officer at the details identified in 12.1 above.
12.2.2. The Privacy Officer will review your complaint and provide a written response within a reasonable period of time from the date of your complaint.
12.2.3. If you are not satisfied with our response you may direct your complaint to the Office of the Australian Information Commissioner:
Officer of the Australian Information Commissioner
GPO Box 5218
Sydney, NSW
Email: enquiries@oaic.gov.au
Telephone No: 1300 363 992
