Introduction

Australian Property Scout Pty Ltd (APS) respects and upholds the privacy rights of individuals.

We are sensitive to privacy issues and take seriously the ongoing trust placed in us. We have committed to compliance with the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles (APPs).

This document is our Privacy Policy and describes how we collect, hold, use and disclosure your personal information.

What is your personal information? 

Personal information is information or an opinion about an identified individual, or about an individual who is reasonably identifiable.

Sensitive information, a sub-set of personal information, is information or an opinion about an individual’s racial or ethnic origin, political opinions, political association membership, religious beliefs or affiliations, philosophical beliefs, professional or trade association membership, trade union membership, sexual orientation or practices, or criminal record, and includes health information and genetic information.

Policy statement

APS is committed to information security and data privacy and will ensure that:

• We meet legal and ethical obligations as an employer and service provider in relation to protecting the privacy of clients, customers and employees.
  • We provide information about the right to privacy to our clients and customers, which includes how we collect, use and disclose personal information in order to perform our business activities and comply with our legal obligations (including under the AML/CTF Act).
  • Clients and employees are provided with privacy when they are being interviewed or discussing matters of a personal or sensitive nature.
  • All staff understand what is required in meeting these obligations.
  • Data and information, including data received from third parties, is secured through various physical, electronic and procedural safeguards to protect personal information in our care.

More information about the Australian Privacy principles and Privacy rights and responsibilities can be found on the Office of the Australian Information Commissioner Website – http://www.oaic.gov.au

What kind of personal information we collect
We only collect personal and sensitive information that is necessary to:

• deliver services to our clients and prospective clients; 
• verify your identity; and
• comply with our legal obligations, including obligations and ongoing CDD as required by the AML/CTF Act. 

A further breakdown of these can be found below in the section entitled, “What we do with your personal information.” 

The types of personal information we may collect depends on the purpose for which we need the information and may include but not limited to name, street and postal address, contact details, age or birth date, occupation, dependent information, payment information, proof of income documentation, emergency contact information, photo identification and any other information you provide to us including IP Address, browser type, domain names, browsing p[references, access times and the addresses of referring websites. 

We may also collect sensitive information from you when we engage with you as part of providing our services including where there is a legal requirement to do so, or where we are otherwise permitted by law, including under the AML/CTF Act.

Anti-Money Laundering and Counter-Terrorism Financing

We are also required to collect, use and disclose certain personal information to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act). This may include information used to:

• verify identity of clients;
• verify identity of beneficial owners, controllers and authorised representatives of clients;
• conduct Customer Due Diligence (CDD); 
• screen against sanctions and politically exposed person databases; and
• monitor transactions, assess risk and make reports to the Australian Transaction Reports and Analysis Centre (AUSTRAC) or other authorities where required or authorised by law.

If you do not provide us with the personal information required, we may be unable to provide you, the person you are acting on behalf of, or the entity you are the beneficial owner or controller of, with the services you have requested. 

Further information about how we collect, use and disclose personal information for anti-money laundering and counter-terrorism financing purposes is set out in our AML/CTF Privacy Collection Notice, available [here].

How we collect and hold personal information
We will, where possible, collect your personal information directly from you, unless it is unreasonable or impracticable to do so. If we collect your personal information from another person and it is unclear that you have consented to the disclosure of that information to us or that information is otherwise not permitted to be disclosed to us, we will, whenever reasonably possible, make you aware that we have done this and the reasons for doing so.

For example, we may collect personal information from you in person, or through telephone calls, emails, website contact forms and other correspondence to us. If you do not provide some or all of the personal information we request, we may be unable to effectively provide our services to you.

Where we are provided with personal information from a third party (i.e. an accountant practitioner or identity verification service provider), we will treat that information in the same manner as information collected directly from you.

Website usage information and cookies

Our website (www.australianpropertyscout.com.au) uses small data files called “cookies.” Cookies are small text files that help a website to remember the preferences of users to improve the experience of using that website. One of the primary purposes of a cookie is to save you time. For example, if you personalise the webpages on our website or register with us through our website, the cookie helps the website to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as contact details, billing addresses, shipping addresses, and so on. When you return to the same webpage, the information you previously provided will be retrieved and will autofill those same fields which ask for your personal information,

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies; however, you can usually modify your browser settings and decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our websites.

There is also information about the hardware and software on your computer that is automatically collected by our website. This information can include your IP address, browser type, domain names, browsing preferences, access times and the addresses of referring websites. This information is used by us to maintain the quality of our websites and to provide us with information regarding the use of our websites. Please keep in mind that if you place personal information on our website’s public message boards, this information may be collected and used by others. Please note that we do not monitor your online communications.

Websites linked to our websites are not subject to our privacy standards, policies, or procedures. We encourage you to review the privacy statements of websites you choose to link to from our website so that you understand how those websites collect, use, store and share your information. We have no control over and are not responsible for the manner in which the hosts of other websites collect, use, disclose and protect the personal information they collect from you. One of the primary purposes of a cookie is to save you time. A cookie tells the web server that you have returned to a specific webpage. For example, if you personalise the webpages on our websites or register with us through our websites, the cookie helps the website to recall your specific information on subsequent visits.

For more information on how we use cookies, please contact privacy@australianpropertyscout.com.au

What we do with your personal information
We use the personal information we hold about you to do the following things:

• in the ordinary course of conducting our business and providing services to you.;
  • performing general administration, reporting and management functions.
  • processing your survey or questionnaire responses for the purpose(s) notified in the survey or questionnaire (where you have chosen to participate);
  • for market research and programs so that we can improve our services and meet our customers’ needs;
  • analysing broader market trends and demographics so that we may best serve our customers in the future;
  • providing you with marketing information regarding other products and services (of ours or of a third party) which we believe may be of interest to you, but not if you have opted out from receiving such information;
  • reporting to our owners or their shareholders;
  • quality assurance and training purposes;
  • employment-related purposes, such as recruiting and providing services to staff;
  • as part of a sale (or proposed sale) of all or part of our business;
  • other purposes related to or in connection with our business, including meeting our legal and contractual obligations to third parties and for internal corporate governance purposes; and
  • any other purposes identified at the time of collecting your information. 

We may disclose your personal information to government and law enforcement agencies including AUSTRAC to meet our legal obligations under the AML/CTF Act, our service providers (including third party identity verification service providers), agents, contractors, business partners and other recipients from time to time, only if one or more of the following apply:
• you have consented.
• you would reasonably expect us to use or disclose your personal information in this way.
• we are authorised or required to do so by law.
• disclosure will lessen or prevent a serious threat to the life, health or safety of an individual or to public safety.
• where another permitted general situation or permitted health situation exception applies.
• disclosure is reasonably necessary for a law enforcement related activity.

Your payment information

APS regularly performs security, vulnerability and malware scanning that is conducted by an external Accredited Scanning Vendor (ASV) to ensure our site, services and company software remains free of vulnerabilities or malicious software.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the information confidential. In addition, all sensitive/credit information supplied is encrypted via Secure Socket Layer (SSL) and Transport Layer Security (TLS) technology.

We implement a variety of security measures and encryption methods, when a user places an order or enters, submits, or accesses their information, to maintain the safety of your personal information.

All transactions are processed through a secure gateway provider and your credit card information is not stored on our systems. Financial information, such as bank account details that are provided in association with a Direct Debit arrangement are stored in a secure and/or encrypted format in connection with a transaction. 

Where we may collect your payment information for services outside of the above, the same safeguards and systems are in place.

Direct Marketing
By submitting your personal information to us, you expressly consent to us using your personal information to provide you with information about our products, services, or events which we consider may be of interest to you or engage in any other direct marketing activity. 

We may also use your personal information for the purpose of providing you with other information which we reasonably consider to be appropriate, given the nature of previous communications with you.

Every person whose information we have collected has the option to refuse email, SMS or posted offers. You can do this via the opt-out procedures included in any communication from us. Some communications required for the operation of our business, e.g., regarding the payment of fees, cannot be opted out of. If you are still not satisfied with the communication you are receiving, you can email: privacy@australianpropertyscout.com.au

Situations where we may disclose your personal information
Through the ordinary course of business there may be instances where we need to disclose your personal information to key people or businesses including our related entities, contractors, suppliers, distributors, and agents used by us. This may include for the purposes of the administration of membership services, mailing services, distribution services, IT services, data analysis, research, advertising, or consultancy services.

Unless express consent is obtained from you, all information provided to these institutions will be deidentified. In doing so, we will take all steps as are reasonable to ensure that these parties respect and uphold the provisions of this Privacy Policy in relation to your personal information.

We may also need to disclose your personal information where we:

• are under a legal duty to comply with any legal obligation, including our legal obligations under the AML/CTF Act, or in order to enforce or apply our terms and conditions.
  • need to disclose it to protect our rights, property, or safety of our members, customers, or others, including the exchange of information with other
  companies, organisations and/or governmental bodies for the purposes of fraud protection and credit risk reduction.

   

Artificial Intelligence
We are exploring how Artificial Intelligence (AI) can support the provision of our services. We have in place a Standard for the Responsible Use of AI which provides clear direction on the appropriate use of all information within the context of AI. This Standard prohibits the use of an Individual’s Personal Information but does allow for anonymised or amalgamated data to be used. It also articulates the requirements under the Privacy Act to declare content or decisions which have been Generated via AI.

Overseas disclosure

We do not ordinarily disclose your personal information overseas, however some of our third party service providers are located overseas. Before any personal information is disclosed to a recipient overseas, the Privacy Act requires us to take such steps as are reasonable in the circumstances to ensure that the recipient does not breach the APPs in relation to the information. If you consent to the disclosure of your personal information to overseas recipients, we are not required to take such steps.

By submitting your personal information to us, you expressly consent to the disclosure, transfer, storage, or processing of your personal information outside of Australia. In providing this consent, you understand and acknowledge that countries outside Australia may not have the same privacy protection obligations as Australia in relation to personal information. If your personal information is mishandled in any jurisdiction, we disclaim responsibility, and you will not have a remedy under Australian law.

GDPR – processing European Union (EU) personal data

This section entitled “GDPR – Processing EU Personal Data” only applies if you access our products or services in the EU and your personal data (as defined in this section) is processed and/or monitored as a result.

General: When we process your personal information, we will comply with the General Data Protection Regulation ((EU) 2016/679) (“GDPR”), any local implementing laws and any successor legislation to the GDPR and the local implementing laws. We are the data controller (as defined in GDPR) of the data you pass to us pursuant to this policy. Where we refer to “personal information” throughout this policy, it has the meaning set out in the Privacy Act (as explained at the beginning of this policy) and also the meaning given to “personal data” in the GDPR. “Processing” has the meaning set out in GDPR and, in practice, means doing anything with your personal information, including storing it.

Retention: We keep your data as per the requirements of our Information Retention & Disposal Standard which outlines the various legislative reasons and periods, we are required to retain your data, and its eventual disposal requirements in a safe and secure manner. In the section entitled, “Retention, Destruction and deidentification,” we have explained what records we are required to retain under the AML/CTF Act.  

Additionally, if we receive a “return to sender,” bounce-back email or similar message when we contact you, we will delete the relevant personal information from our system. We will also delete or update your personal information if you ask us to do so in accordance with the requirements of GDPR.

Grounds for processing: We collect most of your personal information on the grounds of our legitimate interests or fulfilment of a contract. We are also required to collect your personal information to comply with our legal obligations, including the CDD requirements, under the AML/CTF Act.   

If we deem it appropriate, we may also rely on legitimate interests to send you marketing communications. If we are unable to rely on legitimate interests or another ground to process your personal information, we will seek consent from you in accordance with the requirements of GDPR.

If we have obtained consent from you to process your data, you have the right to withdraw your consent at any time. To withdraw your consent, please contact us using the contact information set out below. Please bear in mind that if you withdraw your consent, it may affect our ability to carry out tasks for your benefit. Withdrawal of your consent will not affect any processing we have carried out in respect of your personal information prior to you withdrawing consent.

In the section entitled, “What we do with your personal information,” we have explained that we may need to disclose your personal information to certain third parties. If any of those third parties are located outside of the European Economic Area (EEA) we will ensure that there are appropriate safeguards in place when the data is transferred in accordance with the requirements of GDPR.

Automated decision making: If required, we carry out automated decision making on the grounds that it is necessary to fulfil the contract we have entered into with you.

Your rights: There are a number of rights available to you under GDPR. These include but are not limited to:

• The right to access your personal information and ask us to provide certain information about the processing we carry out in respect of your personal information.
  • The right to ask us to rectify any personal information we process that you believe is incorrect or incomplete.
  • The right to ask us to erase your personal information.
  • The right to ask us to restrict the processing we carry out in respect of your personal information, or to object to the processing we carry out.
  • The right to have your data provided to another data controller in a structured, commonly used, and machine-readable format (data portability).

Please note that there are some exceptions and caveats to the rights listed above, for instance where providing access, erasing information, or restricting processing would conflict with our legal obligations under the AML/CTF Act.

Complaints: In addition to your rights set out above in the section entitled, “Complaints and concerns,” you are entitled to complain to the relevant supervisory authority in your jurisdiction. A list of the supervisory authorities throughout the European Union is available here https://www.edpb.europa.eu/about-edpb/about-edpb/members_en

Security of data and information
We take all reasonable care to preserve the security of personal information collected or submitted to us both physically (paper based hard copy documents) and digitally. Personal information is stored in a controlled and secure environment.

We take all reasonable steps to protect the personal information we hold from misuse, loss and from unauthorised access, modification, or disclosure.

When personal information (such as payment information) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

If we suspect that a data breach has occurred, we will follow the requirements of the Data Breach Notification scheme under the Privacy Act. This includes the requirements to notify affected individuals and the Office of the Australian Information Commissioner in some circumstances.

Retention, Destruction and de-identification
Generally, we will retain your personal information whilst it is required for any of our business functions, or for any other lawful purpose, including where necessary to comply with our obligations under the AML/CTF Act. 

We (or our third party service providers) may be required to keep records obtained for AML/CTF compliance purposes for a number of years, as required by law.

We will only retain the information reasonably necessary for those purposes. We generally retain verification details and outcomes rather than full copies of identity documents, unless retaining a copy is required or authorised by law or otherwise reasonably necessary for a lawful purpose.

When personal information is no longer required for compliance under the AML/CTF Act or another lawful purpose, we take reasonable steps to destroy or de-identify it.

We will destroy or de-identify personal information in accordance with our data security and data destruction policies or when our legal obligations to retain the information have expired and the information is no longer needed by us.

Your consent

By using our website, accepting our client terms and conditions or any other terms and conditions generated by us which refer to this Privacy Policy, or by entering an APS building which uses CCTV, you are agreeing to our collection, disclosure, use and storage of your personal information in accordance with this policy.

Pseudonymity or anonymity

You have the option not to identify yourself or you may use a pseudonym when dealing with us, provided it is lawful and practical to do so.

Please note that we may not be able to provide you with our full range of services if we are not provided with your true identity.

Access to your personal information

You may request access to the personal information we hold about you by writing to our Privacy Officer at the address below.

You do not have to provide a reason for requesting access. Except in circumstances established under the APPs, if we hold personal information that you are entitled to access, we will endeavour to provide you with a suitable range of choices as to how you may access that information (e.g., post or collection). We may ask you to complete an Access Request form to help us identify and locate the information being requested.

If you believe that the personal information, we hold about you is incorrect, incomplete, or inaccurate, you can ask us to amend it.

If we agree that the information, we hold is inaccurate, we will amend it. If we do not agree, then we will add a note to the personal information stating that you disagree with its accuracy.

Complaints and concerns

If you have a problem, complaint or wish to enquire about our Privacy Policy, please contact our Privacy Officer.

We will respond to your complaint in accordance with the relevant provisions of the Australian Privacy Principles as soon as practicable.

We treat complaints relating to privacy very seriously. If you submit a concern or complaint, we will endeavour to deal with it comprehensively and reach an outcome where all parties are satisfied.

If you are not satisfied with our response to your complaint, or if you would like further information about privacy in Australia, then we suggest you contact the Office of the Australian Information Commissioner at http://www.oaic.gov.au.
Changes to this policy

It may be necessary for us to review and revise our Privacy Policy from time to time. An amended version will be posted on our website at: http://www.australianpropertyscout.com.au

Contact details

If you have any questions about this policy or if you have any complaint regarding the treatment of your privacy by us, please contact us in writing using the following details:

The Privacy Officer
Australian Property Scout Pty Ltd
privacy@australianpropertyscout.com.au

Related Documents

Key Legislation:

• Privacy Act 1988 and Australian Privacy Principles
• Privacy and Other Legislation Amendment Act 2024