Iicon Portfolio Real Estate trading as Iicon
Portfolio is committed to respecting your right to privacy and protecting your
personal information.
We are bound by
the Privacy Act 1988 (Cth) (Act)
and the Australian Privacy Principles set out in the Act.
We will ensure that all officers, employees and
subcontractors are aware of and understand Iicon
Portfolio obligations as well as their own obligations under the Act. We will
achieve this through the provision of training and through maintaining and
implementing internal policies and procedures to prevent personal information
from being collected, used, disclosed, retained, accessed or disposed of
improperly.
This Policy applies to all your dealings with us,
whether in person, or via telephone, email, correspondence or our website.
The purpose of this
Policy is to:
·
Give you a better
and more complete understanding of the kinds of personal information we collect
and hold;
·
Clearly and
concisely communicate how and when we collect, disclose, use, store and
otherwise handle personal information;
·
Inform you about
the purposes for which we collect, hold, use and disclose personal information;
·
Provide you with
information about how you may access your personal information, and seek
correction of your personal information;
·
Provide you with
information about how you may make a complaint, and how we will deal with any
such complaint;
·
Advise you of the
circumstances in which we are likely to disclose personal information to
overseas recipients; and
·
Enhance the
transparency of our operations.
For the purpose of this Policy, the following terms will have the following meanings, as
attributed to them by section 6 of the Act:
Health information means:
(a) Information or an opinion about:
(i) The health or disability (at any time) of an
individual; or
(ii) An individual’s expressed wishes about the future provision of health
services to him or her; or
(iii) A health service provided, or to be provided, to an individual; that
is also personal information; or
(b) Other personal information collected to provide, or in providing, a
health service; or
(c) Other personal information about an individual collected in connection
with the donation, or intended donation, by the individual of his or her
body parts, organs or body substances; or
(d) Genetic information about an individual in a form that is, or could be,
predictive of the health of the individual or a genetic relative of the
individual.
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.
Sensitive
information means:
(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.
Collection of
Personal Information
Whenever you deal with IICON PORTFOLIO REAL ESTATE Cairns, whether as a current
or prospective seller, buyer, lessor or lessee, we will collect personal
information to provide services to you. We do not collect personal information
unless it is reasonably necessary for, or directly related to, one or more of
the services we provide or functions we carry out.
The types of personal information we generally collect include but is not
limited to:
·
Name.
·
Date of birth.
·
Residential
address.
·
Postal address.
·
Email address.
·
Home telephone
number.
·
Work telephone
number.
·
Mobile telephone
number.
·
Your occupation and
business address.
·
Financial
information including details of your employer, income, name of bank or
financial institution.
·
Details of your
spouse, de facto, dependent children, and roommates.
·
Details of
properties owned by you.
·
Drivers Licence or
Passport.
We will not
ordinarily ask you to provide sensitive information. However, there may be
circumstances where the information provided by you reveals sensitive information.
For example:
·
You may require a
property with particular features, such as wheelchair
ramps. This may reveal health information.
·
In providing
details of your spouse or de facto partner, this may reveal sensitive
information regarding your sexual orientation.
We will only collect sensitive information in
circumstances where:
·
It is reasonably
necessary for one or more of the services we provide or functions we carry out;
and
·
You consent to the
collection of the information; or
·
We are required or authorised
by law to collect the sensitive information.
We will, if it is reasonable or practicable to do
so, collect your personal information directly from you. This may happen when
you fill out a form or when you give us personal information in person, or via
telephone, email, correspondence or our website.
Sometimes we will collect personal information from a third party or a publicly
available source. For example, we may need to collect personal information from
a credit reporting agency, your legal adviser, your past or current employers,
your previous lessors or property managers, and tenancy information services or
databases.
If we receive personal information that we did not solicit, we will determine
as soon as reasonably practicable whether we could have lawfully collected that
information as part of our functions or activities. If we are not satisfied
that we could have lawfully collected the information, then we will (if it is
lawful and reasonable) destroy the information or ensure that it is de-identified.
You may choose to deal with us anonymously or under a pseudonym where lawful
and practical. Where anonymity or use of a pseudonym will render us unable to
provide the relevant service or do business, we may request that you identify
yourself.
For example, whenever documents are to be submitted to government agencies or
financial institutions, it is essential that we record your name accurately.
Use and Disclosure
of Personal Information
Personal information collected by Iicon Portfolio will
ordinarily be used for the following purposes:
·
Assisting you to
sell your property.
·
Assisting you to
purchase a property.
·
Assisting you to
lease a property (either as lessor or lessee).
·
Assisting you to
obtain a loan.
·
Assisting you with
payment or refund of a bond.
·
Assisting you with
tenancy disputes.
·
Coordinating
repairs or maintenance to a property owned or leased by you.
·
Recording or
accessing information at the Titles Registry Office or other governmental
agency.
·
Recording or
accessing information at the Residential Tenancies Authority.
·
Client and business
relationship management.
·
Marketing of
products and services to you.
To achieve the purposes described above, we may
disclose your personal information to the persons/organisations described
below:
·
If you are a seller
or a lessee, we may disclose your personal information to prospective buyers of
the property owned or leased by you.
·
If you are a buyer
or a lessee, we may disclose your personal information to the sellers of the
property you are purchasing or leasing.
·
Your legal
advisor(s) and the legal advisor(s) representing the other party(s) involved in
your transaction.
·
Your financial
institution and/or financial advisor.
·
Insurance providers
and brokers;
·
Utility providers
and utility connection service providers;
·
Persons or
organisations involved in providing, managing or administering your product or
service, including independent contractors engaged by us as real estate agents;
·
Organisations
involved in maintaining, reviewing and developing our business systems,
procedures and infrastructure including maintaining or upgrading our computer
systems.
·
Persons or
organisations involved in purchasing part or all our business.
·
Organisations
involved in the payments systems including financial institutions, merchants
and payment organisations.
·
The Titles Registry
Office or other government agency.
·
The Residential
Tenancies Authority.
·
Real estate peak
bodies.
·
Real estate
websites.
·
Police.
We will only use and disclose personal information
for the primary purpose for which it was initially collected, or for purposes
which are directly related to one of our functions or activities.
We will not disclose your personal information to
government agencies, private sector organisations or any third parties unless
one of the following applies:
·
You have consented.
·
You would
reasonably expect, or you have been told, that information of that kind is
usually passed to those individuals, bodies or agencies.
·
It is otherwise
required or authorised by law.
·
It is reasonably
necessary for enforcement related activities conducted by, or on
behalf of, an enforcement body (e.g. police, ASIC, Immigration Department).
Personal information provided to Iicon Portfolio may be shared with its related companies.
We will take all reasonable and practical measures to keep such information
strictly confidential.
In the course of providing services to you, it may be
necessary for us to enter your personal information into forms generation
software and real estate websites. Depending on the terms of use of such
software and websites, a third party may acquire rights to use or disclose
information entered into the relevant forms or
websites.
The collection and use of personal information by third parties may be subject
to separate privacy policies or the laws of other jurisdictions.
Iicon Portfolio may transfer your personal information to overseas countries
to perform one or more of our functions or activities. In these circumstances,
we will take reasonable steps to ensure that the overseas recipient does not
breach the Australian Privacy Principles in relation to the information.
Like many other businesses in Australia, Iicon
Portfolio may rely on third party suppliers or contractors to provide
specialised services such as web hosting, cloud computing technology, data
storage services, valuers, building/pest inspectors and photography. If
personal information is provided to these suppliers and contractors to enable
them to perform the agreed tasks, we will make every effort to ensure that the
supplier or contractor handles the personal information in accordance with the
Act and the Australian Privacy Principles. We will also require all suppliers
and contractors to provide privacy undertakings and enter into confidentiality
agreements.
There may be limited circumstances in which it is necessary for us to collect a
government related identifier such as your tax file number or Centrelink
reference number. We will not use or disclose your government related
identifiers unless we are required or authorized to do so by law or by a court
or tribunal order, or to fulfil our obligations to a State or Territory
authority.
Marketing our
products and services
Iicon Portfolio may use or disclose your personal
information to let you know about products and services in which you may be
interested. You can contact us at any time if you no longer wish us to market
our products and services to you (see the Contacting Us section
for more information).
If you routinely sell or provide your marketing databases to other organisations,
please insert details here. For example, if the leasing side of your business
has a separate corporate identity to the sales side of your business, and you
routinely share marketing databases, you would need to insert words to the
following effect:
Accuracy of
Personal Information
Iicon Portfolio will take reasonable steps to ensure
that all personal information it collects, uses or discloses is accurate,
complete and up-to-date.
If you believe your personal information is not accurate, complete or
up-to-date, please contact us (see the Contacting Us section
for more information).
Security
Your personal information may be stored in hard copy documents or
electronically. Iicon Portfolio is committed to
keeping your personal information secure and safe. Some of the ways we do this
are:
·
Requiring employees
and contractors to enter into confidentiality agreements.
·
Secure hard copy
document storage (i.e. storing hard copy documents in locked filing cabinets).
·
Security measures
for access to our computer systems.
·
Providing a
discreet environment for confidential discussions.
·
Access control for
our buildings.
·
Security measures
for our websites (see the Your Privacy on the Internet section for more
information).
·
Property keys in a
locked key cabinet.
We will review and update our security measures
from time to time.
In addition, we will review the personal information and sensitive information
held by us from time to time, ensuring that information which is no longer
needed for a purpose for which it was initially collected is destroyed or
de-identified.
Your Privacy on the
Internet
Iicon Portfolio takes care to ensure that the
information you provide to us via our website is protected. For example, our
website has electronic security systems in place, including the use of
firewalls and data encryption.
You may be able to access external websites by clicking on links we have
provided. Those other websites are not subject to our privacy standards,
policies and procedures. You will need to contact or review those websites
directly to ascertain their privacy standards, policies and procedures.
Access to Personal
Information
You may request access to personal information that Iicon
Portfolio holds about you (see the Contacting Us section for
more information).
We will acknowledge your request within one (1)
business day of the request being made. Access will usually be granted within
two (2) business days of our acknowledgment or, if the request involves complex
considerations or voluminous photocopying or scanning, within three (3)
business days. We will let you know which timeframe applies to your request and
if any delays are anticipated.
You will need to verify your identity before access
to your personal information is granted. While we cannot and do not charge an
“application fee” for you applying to access your personal information, we may
charge a fee for giving you access to your personal information in your
preferred format (where reasonable and possible), which will cover our costs
involved in locating and collating information as well as reproduction costs.
Once your request has been processed by Iicon Portfolio, you may be forwarded the information by
mail or email or you may personally inspect it at the location where the
information is held or another appropriate place. Whenever possible, we will Endeavor
to make the information available to you in the manner requested by you unless
it is unreasonable for us to do so (e.g. if you have asked for the information
to be emailed to you, we will endeavor to email the
information to you. If the file size would be too large, we may send you the
information by hard copy instead of email).
If you are aware
that we hold personal information about you that is no longer accurate,
complete or up-to-date, please contact us (see the Contacting Us section
for more information).
If you request access to your personal information,
or if you request that we correct your personal information, we will allow
access or make the correction unless we consider that there is a sound reason
to withhold the information, or not make the correction.
Under the Act, we may refuse to grant access to
personal information if:
·
We believe that
granting access would pose a serious threat to the life, health or safety of
any individual, or to public health or public safety.
·
Granting access
would have an unreasonable impact upon the privacy of other individuals.
·
Denial of access is
required or authorised by law or by a Court or Tribunal order.
·
Giving access would
be unlawful.
·
The request for
access is frivolous or vexatious.
·
Legal proceedings
are underway or anticipated and the information would not be accessible by way
of the discovery process in those proceedings.
·
Giving access would
reveal our intentions in relation to negotiations between us and you in such a
way as to prejudice those negotiations.
·
Giving access is
likely to prejudice enforcement related activities conducted by, or on behalf
of, an enforcement body.
·
Giving access is
likely to prejudice action being taken or to be taken with respect to suspected
unlawful activity or serious misconduct relating to our functions or activities
·
Giving access would
reveal information in connection with a commercially sensitive decision-making
process.
If we do not agree to make a correction to your
personal information, you may provide a statement about the requested
corrections, and we will ensure that the statement is apparent to any users of
the relevant personal information.
If we do not agree
to provide access to your personal information or to correct your personal
information, we will provide written reasons for the refusal and the mechanisms
available to complain about the refusal (see the Complaints section
for more information).
Contacting us
You may contact us by mail, email or telephone as follows:
PO Box 182, Edge Hill
QLD 4870
0417538000
Complaints
If you consider that there has been a breach of the Australian Privacy
Principles, you are entitled to complain to Iicon
Portfolio (see the Contacting Us section for more information).
We will acknowledge receipt of a complaint within 2
business days.
We will investigate the complaint and attempt to
resolve it within 20 business days after the complaint was received. Where it
is anticipated that this timeframe is not achievable, we will contact you to
provide an estimate of how long it will take to investigate and respond to the
complaint.
If you consider that we have not adequately dealt
with a complaint, you may complain to the Office of the Australian Information
Commissioner on the below details:
Officer of the Australian Information Commissioner (OAIC)
GPO Box 5218
SYDNEY NSW 2001
enquiries@oaic.gov.au
1300 363 992
Review
This policy is to be reviewed as follows:
·
Annually as a
minimum.
·
Following an
information security incident.
·
Following
significant changes to our systems.
·
Following changes
to the relevant State and Commonwealth legislation
Reviews are to examine the appropriateness of the
policy taking into consideration corporate, system and compliance requirement
changes since the last review was undertaken.