Privacy policy

At One Agency JD Property Agents, we understand and respect that protection of your personal information is important to you.  This document is our privacy policy and tells you how we collect, use, disclose, retain and manage your personal information, and how we comply with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.

By using our services and by using and continuing to use our website you consent to us collecting, maintaining, using and disclosing your personal information in the way described in this Privacy Policy.

What is your personal information?
In general terms, personal information is any information that can be used to personally identify you. This may include your name, address, telephone number, email address, and occupation.

What personal information do we collect and hold and why do we collect personal information?
We collect personal information about you to enable us to provide our services in assessing your suitability and eligibility for buying or selling a property, security purposes when conducting open homes, and property management services. This includes processing enquiries, facilitating the sale, purchase and advertising of properties, recording details of people entering into a landlord or vendor property for inspections, facilitating the leasing of properties, including advertising and acting as the property manager, our internal business operations, complying with our legal obligations, advising clients of additional services or information which may of be interest, advising partners and contractors who provide us with services, statistical purposes, and promotion and advertising of our business and services.

The personal information we collect may include your name, residential or business address, contact phone numbers, email address; family details; employment details; financial information; sensitive Information; references (e.g. to support rental arrangements); copies of photo identification (e.g. driver’s licence, passport, student ID); or any other personal information relevant to the service we are providing to you. When we request your personal information, we will endeavour to specify which information we require for our purposes and which information may be provided at your option. You may choose not to supply any optional information requested by us but our ability to assist you with our services may be restricted.

Vendor/Prospective Vendors & Purchaser/Prospective Purchasers
We use personal information collected from vendors and prospective vendors to perform our obligations under our agreement with vendors, or to provide market appraisals to prospective vendors. We use personal information collected from purchaser and prospective purchasers to inform them of properties for sale.

Personal information may also be collected during an open house inspection for security purposes and we may contact the prospective purchaser with respect to that property and other properties which we believe may interest the prospective purchaser. We may use the information for direct marketing purposes and to seek potential clients through the promotional activities of the agent. In providing the information the parties agree to this use, unless they advise us differently.

We may disclose information to other parties including to potential purchasers or vendors, or to clients of the agent both existing and potential, as well as to parties engaged to evaluate the property, for example pest and building inspectors, etc, and to owners’ corporations, government and statutory bodies, financial institutions, valuers and to third parties as required by law.

Landlords/Prospective Landlords
We use personal information collected from landlords and prospective landlords to act as the landlord’s agent and to perform our obligations under our agreements with landlords, or to provide market appraisals to prospective landlords. We may also use that information for direct marketing purposes and to seek potential clients through the promotional activities of the agent. In providing the information the parties agree to this use unless they advise us differently. We may disclose information to other parties including to potential tenants, media organisations, or on the internet, or to clients of the agent both existing and potential, as well as to tradespeople, owners’ corporations, government and statutory bodies, financial institutions and to third parties as required by law.

Tenants/Prospective Tenants
Personal information is collected from tenants or potential tenants in the course of a tenancy application and any subsequent tenancy as is necessary for the agent to verify the potential tenant’s identity, to process and evaluate the application and to manage the tenancy.

Personal information collected in the application and during the course of the tenancy, including through property inspection reports, may be disclosed to other parties including to the landlord, employment and personal referees, as well as to tradespeople, owners’ corporations, government and statutory authorities, financial institutions and other agents and operators of tenancy reference databases and to third parties as required by law. Information already held on tenancy reference databases may also be disclosed to us. If the tenant fails to comply with their obligations under the tenancy agreement, that fact may also be disclosed to the landlord, other agents and operators of tenancy reference databases. If this information is not provided, we may not be able to process the application and manage the tenancy.

How do we collect your personal information?
Your personal information is obtained in many ways including interviews, correspondence, by telephone, by email, post, text, open homes, via our website, from other publicly available sources, and from cookies. We will always aim to collect personal information directly from you. We also collect personal information from:

  • Your representatives (e.g. solicitor, accountant or financial adviser);
  • Via our Website and by other electronic communication channels;
  • When sent to us by email or other communication from third parties;
  • From publicly available sources of information including social media;
  • When we are required to do so by law;
  • From Strata or Bodies Corporate, Strata or Body Corporate Managers and On-Site Managers;
  • When you enter into a competition or promotion with us or participate in a survey
  • From our own business records;
  • From our employees;
  • From our suppliers or partners;

If you supply personal information to us about another person you represent, we accept this personal information on the basis that you are authorised to provide it, and that the relevant person has consented to the disclosure to us.

When you visit our website, we collect personal and non-personal information, with this information being gathered from both mobile and fixed devices. This information may include, but is not limited to: your Internet Protocol (IP) address, the online address of a previously visited site etc. This allows us to analyse trends, administer the website, and track user movements. We use cookies and log files to monitor and improve our online presence.

Cookies
A cookie is a small text file that is sent back to your computer’s hard drive from a host web site. Cookies record your preferences in relation to your use of a site and provide other information that allows us to recognise you in the future if you should revisit the website. The cookies do not read the information on your hard drive nor do they make your computer perform any unauthorised actions or make your computer send information to any other computer via the internet. Cookies do personally identify you, only your computer.

The cookies enhance the user’s experience, and may also be used in conjunction with pixel tags to determine pages that have been visited on our sites and show more relevant advertising on third party websites. You can set your browser to notify you when you receive cookies, giving you the change to decide whether or not to allow it. Most internet browsers allow you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.

The information we look to collect via cookies allows us to better understand customer needs, the services they seek, and helps us to improve on our online services.

Occasionally we will provide external links on our website or email to take you outside our network. These links are provided in good faith. We are not responsible for third party sites and accept no responsibility for the content, accuracy, security or function of these sites.

We may also look to use cookies to remarket to you, based on your prior visits to our website. Users may opt out of Google’s use of cookies by visiting the Google advertising opt-out page (http://goo.gl/5BL8t). At any time you may opt out of receiving any communications from us (other than as required for the operation of our business.

Our Facebook page uses a first party pixel.

Email addresses
Email addresses are recorded when an email message is sent to the department or when a user subscribes to an online mailing list.

These email addresses are stored electronically in accordance with standard under the NSW State Records Act 1998. An email address is only used for the purpose for which it is provided and is not added to any unauthorised mailing list or disclosed to other organisations unless you request that this be done. If you have subscribed to one of our online mailing lists, you can easily remove your email details from the list by unsubscribing. Each mailing list provides clear instructions on how to unsubscribe.

Who do we disclose your information to?
We may disclose your personal information to third parties in certain circumstances if you agree to the disclosure and for the purpose for which it was collected, e.g. as part of a sale or leasing process or in the provision of another service. We may disclose your personal information to our employees, related bodies corporate, contractors, service providers for the purposes of operation of our website and business, property data service providers, fulfilling requests by you, providing services to you, IT systems administrators, couriers, payment processers, data entry service providers, debt collectors, utilities providers, and professional advisors such as accountants, solicitors, business advisors and consultants, agents that we use in the ordinary operation of our business, in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party, where disclosure is required by law or will prevent or lessen a serious or imminent threat to someone’s life or health, or where it is necessary for enforcement of law, and any organisation for any authorised purpose with your express consent.

We will only use and disclose your personal information for the purposes that we collected the personal information, such as supporting you with the sale or rental of a property, assisting a third party to purchase your property, assisting you to locate a suitable property to buy or rent, for administrative purposes, such as data processing, printing or mailing, to update a referrer with the general progress of a service sold to you (excluding any sensitive information); and/or for other services that we offer that you may require.

If your personal information is disclosed to third parties, these third parties are strictly prohibited from using your personal information for any other purpose. We will only disclose to these third parties that information necessary for them to perform their services. Otherwise, we do not disclose personal information unless we are required to do so by law or regulation.

We will only disclose the above-mentioned information to other parties as required to perform our duties under any agreement, to achieve the purposes specified above and to provide an effective service, or as otherwise allowed under legislation. Real estate and tax laws require some of the above-mentioned information to be collected. If the information is not provided, we may not be able to act effectively or at all.

All third parties with whom personal information is shared are required to meet our standards of personal information protection. However, we are not responsible for the conduct of third parties with respect to the handling of your personal information and we recommend that you check their privacy policies. You consent to us using your information for marketing purposes which include our services.

We do not trade or sell your personal information however we may share your data with our energy, telecommunication, and insurance clients for the purposes of facilitating your request. We always seek your consent prior to sharing your data with our clients, vendors and partners.

Disclosure of personal information off-shore
When providing our services (including purchasing or selling a property), we may provide services or disclose personal information in countries other than Australia.  This may include personal information. In addition to Australia, the countries where information may be disclosed include Indonesia, Malaysia, Singapore, United States of America, New Zealand, Hong Kong, China, India, South Korea, Papua New Guinea, the Middle East, and other countries from time to time. The overseas recipient may not be subject to any privacy obligations or to any principles similar to the Australian Privacy Principles.  The overseas recipient may also be subject to a foreign law which could compel disclosure of personal information to a third party, for example, an overseas authority. If you consent to the disclosure and the overseas recipient handles the information in breach of the Australian Privacy Principles, you will not be able to seek redress under the Privacy Act, may not be able to seek redress in the overseas jurisdiction and we will not be accountable under the Privacy Act. By providing us with personal information, you consent to us using and disclosing your personal information off-shore.  If at any time you wish to withdraw your consent, contact our Privacy Officer.  However, we may not be able to provide our services to the highest level.

How is your personal information stored and secured?
We take the security of your personal information very seriously. We take reasonable commercial steps to securely store personal details and information to protect your personal information from misuse, interference, loss, unauthorised access, modification, or disclosure. We apply a number of processes to ensure your personal information is safeguarded, which includes electronic and physical security measures, staff training, use of password protection software, information storage security policies; discreet meeting areas for confidential discussions; accessed control for our Customer Relationship Management systems; and secure web forms when collecting sensitive information. Your personal information is stored in a manner that reasonably protects it from misuse and loss from unauthorised access, modification or disclosure.

When your personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy your personal information. Most of the personal information is or will be stored in client files which will be kept by us for a minimum of seven years to comply with relevant legislation, insurance purposes, IT backups, and for the resolution of disputes.

We take reasonable care to ensure any personal information you provide us via our website is protected. For example, if we require your sensitive information our websites have electronic security systems in place which include data encryption. Depending on your involvement with our company and the type of information collected, user identifiers, passwords or other access codes may also be used to control access to your personal information.

Considerations when you send information to us
While we do all we can to protect your privacy, no data transfer over the Internet is 100% secure. If you provide personal information to us electronically, there are ways you can help maintain the security of the information, including always close your browser when you have finished your user session, do not provide personal information by using a public computer; and never disclose your user name and password to another person. Always remember that you are responsible for all actions taken using your username, email or password.  If at any time you believe your username or password have been compromised, change your password and contact us immediately.

Your information may be kept in electronic form or hard copy.

How is your personal information maintained?
It is important to us that your personal information is up to date. We will take reasonable steps to make sure that your personal information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

What should you do if you wish to access your personal information?
At any time, you may ask us to provide you with a list of the personal information we hold about you, and copies of that personal information. You may also access the personal information we hold about you and to update and/or correct it. We will endeavour to provide you with the data within 30 days of receiving your request. If you believe that we are holding inaccurate or incomplete data about you, you may request that we correct it. We will consider if the information requires adjustment. If we do not agree, we will add a note to the personal information stating that you disagree with it.

If you would like to access this information you can do so by contacting us at 3/19-21 Princes Highway, Fairy Meadow NSW 2519 Ph: (02) 4285 7400; jdpropertyadmin@oneagency.com.au, or joanned.com.au.

One Agency JD Property Agents will not charge any fee for your access request. In order to protect your personal information, we may require identification from you.

What should you do if you have a privacy policy complaint and/or enquiry?
You should also contact us immediately if you believe someone has gained access to your personal information, if you believe we have breached our privacy obligations or your privacy rights in any way; or if you would like to discuss any issues or request further information about our privacy policy. You can do so by contacting us in writing by writing or emailing our office at 3/19-21 Princes Highway, Fairy Meadow NSW 2519 or jdpropertyadmin@oneagency.com.au. We will endeavour to respond to your complaint/query within 30 days. You may direct any subsequent complaints to the Office of the Australian Information Commissioner (OAIC) at http://www.oaic.gov.au/privacy/making-a- privacy-complaint.

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at www.oaic.gov.au; or GPO Box 5218 Sydney NSW 2001; or enquiries@oaic.gov.au.

Changes to our Privacy Policy
This document sets out our current Privacy Policy. We may change this privacy policy from time to time to comply with new laws or codes of practice which may be developed. We may also change this policy to include any new products or services we may provide from time to time. You should review this policy each time you visit our website, or provide us with personal information.