PRIVACY POLICY AND DISCLOSURE OF SERVICE PROVIDERS
1. Introduction
Mitchell’s Real Estate Group (also referred to as “we”, “our” and “us”) is committed to protecting your privacy and personal information when you use our services or our website.
The purpose of this Privacy Policy is to explain how and why we collect, hold, use and disclose your personal information to assist us in carrying on our business. By providing us with your personal information, you consent to us holding, using and disclosing it as set out in this Privacy Policy. Mitchell’s Real Estate Group will comply with obligations under the Privacy Act 1988 (Cth) (Privacy Act) (including the Australian Privacy Principles (APPs)) and the Privacy (Credit Reporting) Code 2014 (CR Code).
We may update this Privacy Policy from time to time and changes will take effect when published on our website. You should periodically view our website to stay up to date with the current terms of this Privacy Policy.
This version of the Privacy Policy was last updated on 19 July 2019.
2. Collection and Use of Personal Information
2.1 Information We Collect
We collect information that personally identifies you, which may include your full name, job status and title, company name, address, phone and fax numbers, email address, mobile number, date of birth, gender, property details, payment details, proof of identity (e.g. driver licence or passport number), interest areas and other preferences. We may collect additional personal information from time to time.
We may also collect credit-related personal information to assess your credit worthiness including credit liability information, repayment history information, court proceedings, insolvency actions and credit worthiness.
We may need to collect sensitive information about employees or prospective employees including ethnicity, criminal record, tax file number, disabilities and employment history.
We do not otherwise generally collect sensitive information about you, unless it is voluntarily provided to Mitchell’s Real Estate Group in the course of carrying out our services.
You don’t have to give us the information requested. However, if you do not provide us with some or all of the personal information requested, we may not be able to provide you with services or satisfy your request, to the requested standard or at all, and you may also miss out on receiving valuable information about Mitchell’s Real Estate Group.
2.2 Consent to Collection and Use
By using the Mitchell’s Real Estate Group website and services, providing information to us via any medium (including engaging with us through any social media channel), applying for a job with us or entering into an arrangement or other agreement with us, you are consenting to the collection and use of your personal information in accordance with this Privacy Policy.
You consent to us collecting sensitive information which you provide to us voluntarily.
2.3 Why We May Collect, Hold, Use and Disclose Personal Information
Mitchell’s Real Estate Group may collect, hold use and disclose personal information about you to provide and improve the quality of the Mitchell’s Real Estate Group services. Our collection, holding, use and disclosure of your personal information will depend on our relationship with you, the circumstances of collection and the type of products and service you request from us, but may include the following:
- to provide a product or service that you have requested, for example, if you have requested information from the Mitchell’s Real Estate Group website;
- to identify and/or verify the identity of any vendor, prospective vendor, landlord or tenant for any property we manage or propose to manage;
- to process and assess any application received in relation to a tenancy or lease of any property;
- to advertise, market and promote any sale, tenancy or lease of any property;
- to negotiate and prepare any sale or tenancy agreement, lease or any other document for any property;
- to liaise and exchange information with the vendor, landlord, purchaser or tenant as well as their agents, contractors, legal, financial and other advisors in connection with any sale, tenancy or lease of any property;
- to manage any sale, tenancy or lease agreement including the collection of rent and other amounts on behalf of the vendor or landlord and preparation of required statements of account;
- to ensure the safety and security of vendors, landlords and existing occupiers and each of their property in connection with the inspection of any property by prospective purchasers or tenants;
- to provide your insurer with information relating to or connected with any property;
- to comply with any applicable law in connection with the sale or tenancy agreement or lease;
- to confirm whether a party is registered for GST purposes;
- to inform and conduct marketing activities including to promote other sale or rental property that we are managing or any other service that we provide, unless you tell us not to;
- because you work for us, or apply to us for a job, work experience or appointment as a franchisee or contractor agent or broker; and
- to maintain our records and comply with our legal obligations.
2.3 How We Collect Personal Information
The main ways we collect personal information are:
- Access to Website and Social Networking Services:
If you access our website and engage with us via social networking services, including by the use of cookies, which may track what you view on our website and also other websites that you visit.
- Mailing Lists:
If you subscribe to any of our mailing lists.
- Employment and Other Relationships:
If you apply for a job with us or become an employee, franchisee, agent and/or brokers.
- Supply or Services:
If you are a supplier or service provider to Mitchell’s Real Estate Group or if Mitchell’s Real Estate Group is a supplier or service provider to you, in connection with the supply of products and services.
- Other Contact and Requests:
If you request us to provide you with Mitchell’s Real Estate Group services or for information regarding Mitchell’s Real Estate Group services, including sales and leasing services. This may include online, email and telephone enquiries, if you attend a property inspection and/or visit our offices.
- Conferences, Training and Events:
If you register, attend or present at one of our conferences, training sessions and events.
- Third parties:
Third parties we may engage to assist us in improved provision of services, marketing and advertising. Theses third parties may use cookies and other technologies to obtain information about your preferences when you access online platforms or websites other than our website. Your preferences collected in this manner may be disclosed to us. These third parties may include:
(i) credit reporting bodies, law enforcement agencies and government agencies to verify identity and/or assess credit worthiness;
(ii) service providers that may provide market leads or marketing services to us and online platforms such as Google and Facebook;
(iii) your representatives including lawyers, mortgage broker, accountants and financial advisers; and
(iv) your employer or other individuals to confirm your identity or other details about you in any application that you may submit to us including in respect of a job application intermediaries such as recruitment agents or personnel providers.
3. Disclosure of personal information
3.1 Disclosure of personal information to third parties
We may disclose your personal information to third parties as a part of providing the Mitchell’s Real Estate Group services, including:
- to other parties in any real estate transaction including developers, vendors, landlords, purchasers and tenants and their representatives;
- to guarantors, other mortgage intermediaries, lenders, financial institutions, insurers, valuers and credit reporting bodies and providers;
- to your representatives including lawyers, mortgage broker, accountants and financial advisers;
- to marketing, advertising and promotions services providers and event organisers in connection with our marketing, advertising or events;
- to service providers of other administrative or operational services to Mitchell’s Real Estate Group, such as market research companies, IT service providers, utility companies, payment processors and debt collectors;
- to credit reporting agencies or other credit providers, to assist us in assessing any that you make;
- to law enforcement or government agencies or other third parties, if permitted or required by law; and/or
- otherwise with your consent.
In many cases, Mitchell’s Real Estate Group imposes contractual restrictions equivalent to those imposed on Mitchell’s Real Estate Group under the Privacy Act in respect of collection and use of personal information by those third parties. In some cases, Mitchell’s Real Estate Group’s ability to impose contractual restrictions is limited. In those circumstances, Mitchell’s Real Estate Group will carefully consider the risks to the protection of personal information when entering into arrangements with third parties.
Under no circumstances will Mitchell’s Real Estate Group sell or receive payment for licensing or disclosing your personal information.
In the event of a data breach likely to cause serious harm involving your personal information, we will notify you in accordance with our Notifiable Data Breaches scheme obligations under Part IIIC of the Privacy Act.
3.2 Cross-border disclosure of personal information
Some of Mitchell’s Real Estate Group’s third party contractors, suppliers and distributors may be located overseas or perform services overseas and as a result your personal information may be disclosed to a third party in a foreign country.
Under the Privacy Act, we must take reasonable steps, before personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach Australian privacy laws in relation to that information (the Obligation).
The Obligation does not apply if you consent to disclosure of your personal information to an overseas recipient.
By supplying personal information to us you consent to the disclosure of your personal information to an overseas recipient and agree that the Obligation does not apply.
4. Accessing your personal information
You have the right to request access to personal information that is held by Mitchell’s Real Estate Group about you.
You also have the right to request the correction of any of your personal information that Mitchell’s Real Estate Group holds. We will take reasonable steps to make appropriate corrections to personal information so that it is accurate, complete and up-to-date.
To seek access to, or correction of, your personal information please contact Mitchell’s Real Estate Group as follows:
By email:
info@mitchellsrealestate.com.au
By phone:
0428 212 102
By mail:
PO Box 482
Sanctuary Cove QLD 4212
5. Use of your personal information to contact you
We will never knowingly send you unsolicited commercial electronic messages. More information on the Spam Act 2003 (Cth) is available from the regulator’s website: www.acma.gov.au/spam
We may use information that we know about your likes and interests to tell you about Mitchell’s Real Estate Group products and services. We may know about your likes and interests because you have provided that information.
6. Opting out
If you decide that you do not want to be contacted by Mitchell’s Real Estate Group please contact the Privacy Officer (details at clause 5 above). You may also opt out of receiving communications by following the unsubscribe function on any Mitchell’s Real Estate Group communications.
We will use reasonable endeavours to remove your name from the mailing lists within a reasonable period of receiving your request.
7. Storage and protection of your personal information
Mitchell’s Real Estate Group stores personal information both electronically on servers hosted by our service providers and in hard copy at the Mitchell’s Real Estate Group secured offices within locked filing cabinets.
Due to the nature of the internet, Mitchell’s Real Estate Group cannot give any warranties as to the security of any personal information transmitted by you to Mitchell’s Real Estate Group over the internet, or that personal information will not be accessed by unauthorised persons.
We encourage you to be vigilant about the protection of your own personal information when using any digital services.
8. Privacy and Change of Control
In the event Mitchell’s Real Estate Group goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.
9. Linked Sites
Our website may contain links to other sites. We are not responsible for the privacy practices or the content of such web sites. We encourage you to read the privacy statements of any linked sites as their privacy policy may differ from ours.
10. Personal Information About Other People
If you give us personal information about any other person in relation to or in connection with the sale or leasing of any property:
- we are entitled to assume that you have sought their consent to the disclosure of such personal information to us;
- we will collect, hold, use and disclose their personal information in accordance with this Privacy Policy.
11. Complaints
If you wish to make a complaint about Mitchell’s Real Estate Group handling of your personal information, you should first make a complaint in writing to Mitchell’s Real Estate Group. Mitchell’s Real Estate Group will handle your complaint seriously and confidentially and will provide you with a response in a reasonable time period (usually 30 days). If Mitchell’s Real Estate Group is unable to resolve your complaint, or you are not satisfied with the response, you may seek to have the matter resolved through mediation.