Privacy Policy

BresicWhitney Estate Agents Pty Ltd ABN 76 098 035 217 (“BresicWhitney”, “we”, “us” or “our”). We take your privacy seriously and seek to comply with the Privacy Act 1988 (Cth) (“Privacy Act”)

This Privacy Policy sets out the manner in which we handle and manage all personal information we collect about you.

What is Personal Information?

In this Privacy Policy, “personal information” has the meaning given to that term in the Privacy Act. In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable.

Some types of personal information are designated as 'sensitive information', which are subject to additional protection under the Privacy Act. For example, these can include information about your health.

What types of personal information do we collect

The types of personal information we collect about you will depend on the purpose for which the personal information is collected. This can include:

• in the case of customers to whom we are providing services – your name, date of birth, residential address, postal address, email address, telephone number(s), your occupation and business address, financial information including your salary, bank account details and credit card information institution, information regarding your family members, partner and roommates, details of previous properties owned or leased by you;
• if you have requested to receive news about exclusive offers, promotions, or events – your name, mailing or street address, email address, and telephone number(s);
• if you have contacted our customer service unit to make a complaint, provide feedback, submit an enquiry, request a call-back – your name, mailing or street address, email address, and telephone number(s);
• in the case of prospective employees or contractors – information contained in your application or résumé, recorded during any interview, or obtained through any pre-employment checks, and government-issued identifiers such as tax file numbers; and
• in the case of our suppliers and distributors – your name, mailing or street address, email address, and telephone number(s).

Generally, we will not collect sensitive information about you. However, in certain circumstances, we may need to collect limited sensitive information. For example, if you disclose details of your disabilities or other health information to us.

We also collect technical information and general analytics, such as your operating system, browser version, installed plug-ins and their versions, your time zone, and other information arising from your use of our websites.

If you provide us with other individual's personal information (e.g. contact details of your solicitor or your emergency contact), you must obtain the consent from that person prior to passing on their personal information, informed them that their personal information will be provided to us and handled in accordance with this Privacy Policy.

How we collect your personal information

We may collect your personal information from you directly, including when you:

• access or use our website;
• make enquiries about us or our services or otherwise communicate with us by telephone, in person, by email, by fax, via our website or an online form or otherwise;
• sign up to receive news and exclusive offers, promotions, or events;
• enter surveys, competitions, promotions or requesting information or material from us; or
• apply to work with us or are engaged by us as a contractor.

There may be instances where we collect personal information about you other than directly from you. These include from:

• publically available information and databases;
• third parties (such as your referees, credit reporting agency, your legal adviser), property developers;
• other agents and valuers;
• tenancy service providers; and
• prior lessors or property managers.

We also use the following technologies to collect technical information and general analytics:

• cookies, which are data files that are placed on your device and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org;
• log files, which track actions occurring on our websites; and
• web beacons, tags, and pixels, which are electronic files used to record information about how you browse our websites.

By using our websites, you are consenting to the use of these technologies in accordance with this Privacy Policy.

Can you choose not to disclose your personal information?

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any personal information. Alternatively, you can also notify us that you wish to deal with us using a pseudonym.

However, if we are not able to collect personal information about you, we may not be able to provide you with the information or assistance you require. For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

If you want, you can disable your web browser from accepting cookies and other technologies used to collect technical information and general analytics. If you do so, you can still access our websites, but it may impact your user experience.

What we use your information for

In general, we use your personal information for purposes connected with our business. Some specific purposes include:

• to provide our products and services to customer (including acting as an agent for vendors, purchasers, landlords and tenants in relation to a property);
• responding to your enquires and communicating with you;
• to consider you for a job at BresicWhitney;
• for direct marketing purposes (see the direct marketing section below) where you have consented or as permitted by law; and
• to enable the proper operation and functionality of our products and services.

Technical information and general analytics is used for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on our websites, and to improve our websites and our products and services.

We will only send you direct marketing communications (either through mail, SMS or email), including offers, news and exclusive offers, promotions, or events, where you have consented to do so. You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.

Third party disclosure

We may also disclose your personal information to third parties for the purposes outlined above. Such third parties include:

• our professional advisers (such as law firms, banks or auditors);
• our employees, contractors and third party service providers who assist us in performing our functions and activities (e.g. financial institutions, IT providers, mortgage referral services and valuation providers);
• organisations authorised by us to conduct promotional, research or marketing activities;
• potential buyers, tenants, real estate agents and brokers for the purposes for which the information was collected or to whom you have authorised us to disclose your information;
• debt collection agencies;
• anyone authorised by you to deal with us on your behalf;
• any of our related companies;
• government and statutory authorities or agencies including The Titles Registry Office and The Tenancies Authority and law enforcement agencies.

If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

Does personal information leave Australia?

We store personal information in servers located in Australia. We may disclose your personal information to overseas recipients, such as to our subsidiaries, subscribers, resellers and service providers located overseas, in order to provide its products and services and to obtain services.

Except where an exception applies under the Privacy Act or other relevant legislation, we will take commercially reasonable steps to ensure that overseas recipients to whom we disclose personal information do not breach the Australian Privacy Principles stated in the Privacy Act in relation to such information.

How long do we keep your personal information

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security.

Access, update and correction of personal information

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request we amend it by contacting us. If you are able to access your personal information via your online account that you have with us, we request that you ensure this information is kept accurate, complete, relevant and up-to-date.

You may request access to your personal information at any time by contacting us via our contact details below. There is no charge for making such a request or providing you access to your personal information. We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply.

Security of personal information

We take reasonable steps to protect your personal information from misuse, interference, loss and from unauthorised access, alteration and disclosure. However, our data protection measures are not a guarantee of the security of your personal information. Accordingly you transmit your personal information to us online at your own risk.

Please notify us as soon as possible if you become aware of any security breaches.

Third party sites

Our website may contain links to the websites of other entities. If you click the links to other entities’ websites you should read their privacy policy to find out how they handle your personal information when you visit their site. We do not accept any responsibility or liability for the privacy of your information, including your personal information, on any other website and we have no control over (or responsibilities for) the privacy practices of those entities.

Changes to this Privacy Policy

We may, from time to time, update this Privacy Policy at our discretion. Amendments to this Privacy Policy will be posted on our websites.

Your continued use of our services and/or our website, requesting our services or the provision by you of further personal information to us (directly or through an authorised person) after this Privacy Policy has been revised will be deemed to be your acceptance of the revised Privacy Policy.

What if you have a complaint?

If you have any questions, concerns or complaints about our collection, use, disclosure or management of your personal information, please contact us by using the contact details below. You will need to provide us sufficient details regarding your complaint and any supporting evidence. Our Privacy Officer will investigate the issue and determine the steps to be taken to resolve the complaint. If you are not happy with the outcome of our investigation, we will advise you about further options including, if appropriate, review by the Privacy Commissioner within the Office of the Australian Information Commissioner.

Our contact details

To access your information or if you wish to make a complaint or if you have any query about this Privacy Policy or the manner in which your personal information has been handled by us, please contact us by email on cugeneral@bresicwhitney.com.au.