Privacy Policy - Harcourts Asap

Harcourts Asap (ACN 150 923 354) (we, us, our) is a franchisee within the Harcourts Group (Australia) Pty Ltd (ACN 074 304 073) network (Harcourts Australia).

We are committed to protecting the privacy of your personal information and take steps to comply with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).

This Privacy Policy provides information about how we collect, use, disclose and handle your personal information, and what your rights are in relation to your personal information.

Harcourts Asap is a separate legal entity to its franchisor. If you have any queries about the Harcourts franchisor’s privacy practices, you can find further information through the Harcourts Australia Privacy Policy available via the Harcourts Australia website.

By providing your personal information to us and/or using our services, you consent to us handling your personal information in accordance with this Privacy Policy.

Collection of Personal Information

The types of personal information we collect about you and how we use that information depends on the nature of our relationship with you and the purpose for which the information is collected.

We may collect the following personal information:

Full name;
Date and place of birth;
Residential or business address;
Email address and telephone number;
Government-issued identification details, such as driver’s license, passport, Medicare or other identification document numbers;
Biometric information, such as a facial image or short video used to verify your identity;
References (including in relation to rental applications and employment applications);
Financial information, such as bank account details for transferring deposits, refunds or other payments;
Ownership or control information about legal entities you own or are associated with, including evidence of beneficial ownership;
Evidence of the source of your funds or wealth;
Information that assists us in determining the nature and purpose of your transaction.

We may also collect non-personal information associated with you, including:

Details of products or services you have enquired about;
Occupation details;
Property details and values;
Rental amounts;
Insurance details;
Other information required to provide our real estate services.

How We Collect Personal Information

Generally, we collect your personal information directly from you unless it is impracticable or unreasonable to do so.

We may collect personal information:

In person, including when you attend an inspection, appointment or our office;
Online through enquiry forms, applications or electronic services;
Through physical forms or documents you provide;
Through telephone, email or other communications with us.

We may also collect personal information about you from third parties, including:

Your authorised representatives;
Publicly available sources;
Harcourts Australia and other Harcourts Australia franchisees;
Referees provided by you for rental applications or employment applications;
Service providers assisting us with identity verification, compliance or transaction services.'

If you provide us with personal information about another person you represent, we collect that information on the basis that you have obtained that person's consent for us to collect and handle their information in accordance with this Privacy Policy.

If you choose not to provide personal information requested by us, we may be unable to provide our services to you, provide services to the expected standard, or complete mandatory customer due diligence requirements required to progress your transaction.

Website Information, Cookies and Tracking Technologies

When you visit our website, we may collect information including your IP address, browser type, device information, pages accessed, date and time of visits, referring websites and website activity.

We may collect this information through cookies, analytics tools, tracking pixels and similar technologies to:

Improve website functionality and user experience;
Understand how visitors use our website;
Analyse website performance;
Improve our services, marketing and communications.

You may adjust your cookie preferences through your browser settings.

Our website may contain links to third-party websites. We are not responsible for the privacy practices, security or handling of personal information by those third parties. You should review the privacy policies of those websites when visiting them.

Collection Notices

When collecting your personal information, we will take reasonable steps to provide you with notice as required under the Australian Privacy Principles (APPs).

This includes advising you of:

the purpose for which we collect your personal information;
the types of organisations or individuals we may disclose your personal information to;
any law that requires or authorises us to collect the information; and
the consequences if you do not provide the personal information we require.

If we collect your personal information from another source, we will take reasonable steps to notify you of the circumstances of that collection.

If we are unable to collect the personal information required, we may not be able to provide you with the products or services you seek. If the information provided is incorrect, incomplete or outdated, this may also prevent, limit or otherwise affect our ability to provide services to you.

How We Use and Disclose Personal Information

We collect, use and disclose your personal information for purposes connected with providing our real estate services and operating our business.

Generally, these purposes include:

providing real estate services to you;
operating a real estate agency within the Harcourts franchise network;
responding to enquiries and requests;
providing products and services requested by you;
communicating with you about our services, property opportunities and relevant updates;
providing marketing information about our services and, where appropriate, services offered by third parties with whom we have business relationships;
obtaining feedback about your experience with us;
conducting promotional activities;
conducting market research and analysis;
recruitment and employment purposes;
maintaining business records;
meeting legal, regulatory, insurance and compliance obligations;
statistical and reporting purposes;
providing real estate agency services relating to the buying, selling, leasing, development and advertising of residential, commercial and rural properties;
providing or arranging related services, including utility connections, removalists, cleaners, conveyancing, finance and insurance services;
conducting identity verification, fraud prevention and compliance checks;
complying with laws, rules, regulations or requirements of regulators or government authorities, including AML/CTF laws and obligations.

We may disclose your personal information to:

Harcourts Australia and its related bodies corporate;
other Harcourts Australia franchisees;
our employees, contractors, agents and service providers who assist us in providing services or operating our business;
AML/CTF compliance providers and identity verification providers;
hosting, data storage and technology providers;
professional advisers, including legal advisers and consultants;
organisations that conduct compliance reviews, audits or verification checks on our behalf;
organisations that maintain databases used for identity verification or fraud prevention purposes;
social media platforms where we maintain a presence;
courts, tribunals, regulators and government authorities;
any person or organisation where disclosure is required or permitted by law.

AML/CTF Laws

We may collect, hold, use and disclose personal information to comply with applicable Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws and related compliance obligations.

This may include collecting and handling:

identity information;
government-issued identification details;
copies of identification documents;
information about beneficial ownership or control;
source of funds or source of wealth information;
transaction information;
biometric information where required for identity verification purposes.

We may use third-party service providers, including AML/CTF compliance providers and identity verification providers, to assist us with:

customer due diligence;
identity verification;
screening and risk assessments;
compliance monitoring and audits;
reporting obligations;
fraud prevention activities.

Identity verification may include electronic verification services, including government verification services such as the Australian Government’s Document Verification Service.

We may disclose personal information to government agencies, official record holders, regulators, law enforcement bodies and other persons where required or permitted by law.

Where biometric information is collected for identity verification or AML/CTF compliance purposes, we will collect this information with your consent and handle it as sensitive information in accordance with the Privacy Act and applicable laws.

Sensitive Information

Sensitive information includes information such as:

health information;
racial or ethnic origin;
political opinions or associations;
religious or philosophical beliefs;
trade union membership; and
criminal records.

We will only collect sensitive information where permitted by law, including where you provide consent.

We will only use or disclose sensitive information for the purpose for which it was collected or as otherwise permitted by law.

Storage and Security of Your Personal Information

We may hold your personal information in electronic formats or hard copy records.

Where your personal information is collected through third-party providers, including our AML/CTF provider, the provider’s own Privacy Policy may also apply.

We take reasonable steps to protect your personal information from:

unauthorised access;
misuse;
interference;
loss;
modification; or
unauthorised disclosure.

These steps may include:

electronic and physical security measures;
access controls;
password protection;
staff training;
internal policies and procedures.

We will take reasonable steps to destroy or permanently de-identify personal information when we no longer require it for the purpose it was collected.

We may retain personal information where required for:

legal obligations;
regulatory requirements;
insurance purposes;
corporate governance purposes;
fraud prevention;
dispute resolution;
maintaining secure backup records.

The transfer of information over the internet carries inherent security risks. While we take reasonable steps to protect information provided electronically, we cannot guarantee the security of information transmitted through the internet.

Access and Correction of Your Personal Information and Marketing Preferences

You have the right to request access to, and correction of, the personal information we hold about you.

You may request access to or correction of your personal information by contacting us using the details provided below.

We will take reasonable steps to ensure that personal information we hold is accurate, complete and up to date.

You may also opt out of receiving marketing communications from us at any time by:

using the unsubscribe option provided in marketing emails; or
contacting us using the contact details below.

Advertising, Analytics and Third-Party Services

We may use third-party platforms and service providers for advertising, analytics, marketing and communication purposes.

These providers may use cookies, tracking pixels or similar technologies to collect information about website activity and interactions with our advertising.

This information may be used to:

measure advertising effectiveness;
understand customer engagement;
improve our website and services;
provide more relevant communications and marketing.

We do not control the privacy practices of third-party platforms. You should review the privacy policies of those providers for information about how they collect and handle information.

Overseas Disclosure of Personal Information

We may disclose personal information to recipients located outside Australia, including Harcourts Australia related companies and third-party service providers.

Countries where recipients may be located include:

Canada;
India;
Ireland;
Japan;
New Zealand;
United Kingdom;
United States of America.

These overseas recipients may include:

Harcourts Australia related bodies corporate providing group services, including IT, data hosting, analytics, finance or customer support; and
third-party service providers, including data hosting providers, software providers, data service providers and professional advisers.

We take reasonable steps to ensure overseas recipients handle personal information in a manner consistent with the Australian Privacy Principles.

Depending on the circumstances, this may include:

contractual obligations requiring protection of personal information;
due diligence processes;
internal policies and procedures governing access and use of information.

In some circumstances, we may rely on an exception under Australian Privacy Principle 8.2, including where:

you have expressly consented to the overseas disclosure after being informed that the recipient may not be subject to Australian privacy laws; or
disclosure is required or authorised by law.

If you require further information about overseas disclosures of your personal information, including applicable safeguards, please contact us using the details below.

Making a Complaint

If you believe we have mishandled your personal information or breached the Australian Privacy Principles, you may lodge a complaint with us.

Please contact our office using the details below and provide information about your concern.

We take privacy complaints seriously and will respond within a reasonable period.

We may request further information from you to assist us in investigating and responding to your complaint.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).

Further information about privacy rights and obligations is available from the OAIC website:

www.oaic.gov.au

Contact Us

If you would like further information about how we manage your personal information, or if you have a privacy-related complaint, please contact us:

Harcourts Asap

Telephone: (03) 8743 2506
Email: rentalsasap@harcourts.com.au

Postal Address:

Harcourts Asap
Suite 17–18, 151–159 Princes Highway
Hallam VIC 3803
Australia

Harcourts Australia Privacy Enquiries

Harcourts Asap is a separate legal entity to Harcourts Australia.

If you have questions about Harcourts Australia’s handling of personal information, you may contact:

Harcourts Australia

Telephone: +61 7 3839 3226
Email: privacy@harcourts.net

Postal Address:

Harcourts Australia
31 Amy Johnson Place
Eagle Farm QLD 4009
Australia

Office of the Australian Information Commissioner

More information about your privacy rights and obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles is available from:

Office of the Australian Information Commissioner (OAIC)

www.oaic.gov.au

State Government Attribution

We are required to provide the following attribution notices in relation to property data and information obtained from government sources.

Australian Capital Territory

The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission.

Enquiries should be directed to:

The Executive Director
ACT Planning and Land Authority
GPO Box 1908
Canberra ACT 2601

New South Wales

Contains property sales information provided under licence from the Department of Finance and Services, Land and Property Information.

Australian Property Monitors Pty Ltd is authorised as a Property Sales Information provider by the Department of Finance and Services, Land and Property Information.

Northern Territory

Copyright in the underlying data for the Northern Territory is owned by the Northern Territory of Australia represented by the Department of Infrastructure, Planning and Environment.

No responsibility is accepted for the accuracy or completeness of this information.

Queensland

In consideration of the State permitting use of this data, you acknowledge and agree that the State gives no warranty in relation to the data, including accuracy, reliability, completeness, currency or suitability, and accepts no liability for any loss, damage or costs relating to use of the data.

Data must not be used for direct marketing or in breach of privacy laws.

South Australia

The South Australian Government does not accept responsibility for the accuracy, completeness or suitability of the information for any purpose.

Tasmania

This product incorporates data that is copyright owned by the Crown in Right of Tasmania.

The data has been used with permission of the Crown in Right of Tasmania.

Victoria

The State of Victoria owns copyright in the Property Sales Data.

Reproduction of that data without consent of the State of Victoria may constitute a breach of the Copyright Act 1968 (Cth).

The State of Victoria does not warrant the accuracy or completeness of the information contained in this report. Any person using or relying upon this information does so on the basis that the State of Victoria accepts no responsibility or liability for errors, faults, defects or omissions.

Western Australia

Western Australian Land Information Authority (2018), trading as Landgate.

Based on information provided by and with the permission of the Western Australian Land Information Authority (2018), trading as Landgate.