Privacy policy.


PRIVACY POLICY

HGA PTY LTD AS TRUSTEE FOR HGA UNIT TRUST
TRADING AS YARD PROPERTY

1.              Yard Property is committed to complying with its obligations under the Privacy Act, 1988 and the associated Australian Privacy Principles (APPs).

Application of the APPs to this Real Estate Agency

2.           We are bound by the APPs either as a consequence of being an organisation with an annual turnover of more than $3 million or due to the fact that we derive a benefit, service or advantage by the collection or disclosure of information and opinions about individuals whose identity is apparent or can be ascertained. 

3.              We will not collect personal information unless it is reasonably necessary for, or directly related to, one or more of our functions or activities.

4.                Our designated Privacy Officer is:

Name:

Nathan Hewitt

Email:

nathan@yardproperty.com

Telephone:

(08) 9339 1006

5.               We, through our Privacy Officer, are happy to provide further details as to the extent to which we are required to comply with the APPs should any person wish.  Alternatively, further details of the obligations imposed upon organisations under Australia’s privacy laws can be obtained directly from the Office of the Australian Information Commissioner (Commissioner) or by reference to the APPs and the Commissioner’s associated guidelines at ww.oaic.gov.au

The types of information held by this Real Estate Agency

6.                The type of personal information held by us includes the following:

·               names, email addresses, other contact details, residential and mail addresses, gender information, occupation details, and other personal information provided by individuals to the real estate agency or our service providers in acquiring, using or subscribing to our services;

·               financial information such as income and expenses, credit reference information and credit card/banking details;

·               property valuations and details of properties obtained to make, analyse and/or assess those valuations;

·               databases of comparable sales of properties and/or businesses in order to appraise the value of other properties and businesses and in order to assist in the marketing of those properties and businesses;

·               information used with respect to the marketing, sale and/or leasing of real estate properties and/or businesses;

·               information from sellers, buyers, lessors and/or tenants and potential sellers, buyers, lessors and/or tenants of properties and/or businesses;

·               details of properties, owners and tenants used for the purpose of managing the leasing of both commercial and residential properties; references associated with tenancy applications;

·               photographic identification;

·               data obtained from third parties regarding lease applicants’ rental histories;

·               data obtained from third parties for use when marketing, selling and leasing real estate properties and businesses;

Ways in which this real estate agency collects personal information

7.                This real estate agency collects personal information:

·               wherever reasonably practicable, directly from the individual with respect to whom the information relates;

·               from individuals, agents and representatives (eg lawyers, settlement agents, accountants, financial advisers, banks);

·               by buyers, sellers, lessors, tenants or other users of our services or, alternatively, by potential users of those services;

·               through our website;

·               through publicly available information services (eg social media, local councils, Landgate, telephone white pages, internet records);

·               when we are required to collect the information by virtue of legal or regulatory requirements (eg the provisions of the Real Estate and Business Agents Act, 1978);

·               when individuals participate in competitions or surveys conducted by the real estate agency (or third parties, on our behalf) including, but not limited to, surveys relating to the quality of our services provided and surveys relating to real estate matters;

·               from data bases kept by third parties regarding individual’s rental histories;

·               from other real estate agents (eg when the agency is involved in a conjunctional sale of land or when we act for a buyer in a transaction).

The primary purpose for which this real estate agency holds information

8.                We hold the information referred to above for the purpose of enabling us to conduct the services that we provide to our customers, sellers, buyers, lessors and tenants, to enable us to market the provision of those services and to conduct our business.  In particular:

·               we collect information to enable us to provide services in connection with the sale and/or leasing of properties and/or businesses;

·               we collect information to provide advice to customers and prospective customers with respect to real estate and/or business agency matters;

·               we obtain information from Landgate, to assist us in the valuing, selling and/or leasing of properties and/or businesses;

·               we collect information to assess applications for residential and commercial tenancies;

·               we obtain information to assist us with marketing the services of the agency;

·               we collect information to enable us to advise our clients of additional information or services supplied by us (or by third parties) that may be of interest to them;

·               we provide personal information to our contractors, who provide us with services to assist us with conducting our business;

·               we collect information to enable us to efficiently manage our business;

·               we collect information to assist with our delivery of services via the internet;

·               we provide information to the Real Estate Institute of Western Australia (Inc) and other providers of real estate internet services to enable us to market properties, promote our services and conduct our business through the internet;

·               we collect information for research and statistical purposes.

Right to gain access to personal information held by this real estate agency and our complaints handling processes

9.                Information that is stored by us about an individual is stored in a reasonable state of security.

10.            Pursuant to the APPs, persons have certain rights to obtain access to personal information held by us with respect to that individual.  Subject to the relevant exemptions contained in the APPs and subject to an individual providing sufficient proof of his or her identity this real estate agency will provide access to information that it holds relating to an individual.  This real estate agency reserves the right to charge a fee for the provision of this information based on the administrative cost of supplying the information requested.  Further details as to these costs and the ability to access information held by us can be obtained by contacting our Privacy Officer.

11.            This real estate agency requests, for the purposes of clarity, that any requests for access to personal information be made in writing addressed to the agency's Privacy Officer.

12.            We will generally provide access to information by providing to the individual concerned copies of relevant documents.  Where, for reasons of volume or otherwise, providing copies of documents is not practical, we will make arrangements for the individual concerned to attend at our offices to carry out a physical inspection.

13.            Wherever possible, we will provide copies of documents or access to the information that we hold with respect to an individual within 14 days of the receipt of the relevant request.  In the case of more complex requests we will endeavour to provide access to the information within a period of 30 days.

14.            If individuals believe that information held relating to them is incorrect they are entitled to request, by contacting our Privacy Officer, that we correct that information.

15.            Should we believe that we are entitled to refuse a request to access information or to make corrections we will provide written reasons for our decision.

16.            If you are dissatisfied with the manner in which we deal with your personal information or should you wish to make a compliant regarding our compliance with privacy laws, please contact our Privacy Officer in writing.

Further information

17.            Should any person wish to obtain further information with respect to the type of personal information we hold, the purposes for which we use that information and/or the way in which we manage that information, please contact our Privacy Officer at the contact details set out above.

Changes to our Privacy Policy

18.            This document sets our current privacy policy.  This policy will be reviewed from time to time and will be maintained in an up-to-date form.  Any changes to this policy will be posted on the relevant section of our website.

INTERNET COLLECTION NOTICE

HGA PTY LTD AS TRUSTEE FOR HGA UNIT TRUST
TRADING AS YARD PROPERTY

1.                 The notice is provided to you pursuant to the obligations placed upon this real estate agency and other organisations by the Privacy Act, 1988, and the associated Australian Privacy Principles (APPs).

2.                 It is important that readers of this statement note that we may change our collection notices from time to time as part of our commitment to ensuring that we comply with all of our obligations under the APPs.  Persons who access this real estate agency’s internet site are urged to check to see whether we have amended our collection notices by returning to this site from time to time.  To assist in this process, the date of the last update to this collection notice is recorded at the top of this statement.

The fact and circumstances of information collection

3.     This real estate agency collects information in the following circumstances:

(a)                from individuals, agents and representatives (eg lawyers, settlement agents, accountants, financial advisers, banks);

(a)                by buyers, sellers, lessors, tenants or other users of our services or, alternatively, by potential users of those services;

(b)                through our website;

(c)                through publicly available information services (eg social media, local councils, Landgate, telephone white pages, internet records);

(d)                when we are required to collect the information by virtue of legal or regulatory requirements (eg the provisions of the Real Estate and Business Agents Act, 1978);

(e)                when individuals participate in competitions or surveys conducted by the real estate agency (or third parties, on our behalf) including, but not limited to, surveys relating to the quality of our services provided and surveys relating to real estate matters;

(f)                 from data bases kept by third parties regarding individual’s rental histories;

(g)                from other real estate agents (eg when the agency is involved in a conjunctional sale of land or when we act for a buyer in a transaction);

(h)                from forms used by us as part of the delivery of our services (eg listing authorities, property reports, leases, leasing applications).

Legal requirements to collect information

4.                 This real estate agency may, from time to time, be required to collect information as a consequence of legal requirements upon us to collect information. Examples of these requirements included information that we are obliged to collect under the Real Estate and Business Agent’s Act, 1978, such as details for listing authorities, and information under the Residential Tenancies Act, 1987, such as a tenant’s details for a lease.

5.                 Further information regarding these obligations can be obtained by contacting our Privacy Officer at the details set out below.

Purposes for which information collected

6.                 We collect information on our internet site and elsewhere for the following purposes:

(a)                we collect information to enable us to provide services in connection with the sale and/or leasing of properties and/or businesses;

(b)                we collect information to provide advice to customers and prospective customers with respect to real estate and/or business agency matters;

(c)                 we obtain information from Landgate, to assist us in the valuing, selling and/or leasing of properties and/or businesses;

(d)                we collect information to assess applications for residential and commercial tenancies;

(e)                we obtain information to assist us with marketing the services of the agency;

(f)                  we collect information to enable us to advise our clients of additional information or services supplied by us (or by third parties) that may be of interest to them;

(g)                 we provide personal information to our contractors, who provide us with services to assist us with conducting our business;

(h)                we collect information to enable us to efficiently manage our business;

(i)                   we collect information to assist with our delivery of services via the internet;

(j)                   we provide information to the Real Estate Institute of Western Australia (Inc) and other providers of real estate internet services to enable us to market properties, promote our services and conduct our business through the internet;

(k)                we collect information for research and statistical purposes.

Consequences to an individual if information not provided

7.                 Should a person object to this real estate agency collecting information about that individual via its website or otherwise, we may not be able to provide its services as effectively, or at all, to that person. Further details may be obtained regarding these consequences by contacting our Privacy Officer at the details set out below.

Disclosure of personal information

8.                 We may disclose personal  information in the following circumstances:

(a)                 we provide personal information to our contractors, who provide us with services to assist us with conducting our business;

(b)                 we provide information to the Real Estate Institute of Western Australia (Inc) and other providers of real estate internet services to enable us to market properties, promote our services and conduct our business through the internet;

(c)                 we disclose information for research and statistical purposes;

(d)                 we may disclose information to tenancy database providers, in circumstances where we reasonably believe those providers comply with their obligations under the APPs;

(e)                 we may store information on data storage facilities provided by third parties.

Our Privacy Policy

9.                 We maintain a privacy policy in compliance with our obligations under APP 1. This privacy policy may be viewed on our website or a copy may be obtained by contacting our Privacy Officer at the details set out below.

 

Our contact details and Privacy Officer

10.             The contact details for this real estate agency are available from this website. The particular contact details for our Privacy Officer are as follows:

Name:

Nathan Hewitt

Email:

nathan@yardproperty.com

Telephone:

(08) 9339 1006

Cookies

11.             Cookies” are pieces of information that websites transfer to an individual computer’s hard drive for record keeping purposes.  That “cookie” assigns a unique identification that allows a website to recognise you when you return to that site.

12.             This real estate agency uses cookies so as to collect aggregated site-visitation statistics.  The use of cookies also enables persons to login to their accounts with us and to personalise their experience when browsing our site.  This enables us to ensure that we manage our website effectively so as to provide relevant content to those who access the site.  We do not track an individual’s use of the internet by using cookies and do not otherwise use these tools to obtain personally identifiable information regarding an individual.

13.             Most internet browsers enable individuals to refuse to accept cookies.  If an individual exercises such a choice you will still be able view most of the text on this internet site.  However, you will not experience a personalised visit.

IP Addresses

14.             Whenever you use our website, and many other websites, the computer on which the web pages are stored (the web server) needs to know the network address of your computer so that it can send the requested web pages to your internet browser. The unique network address of your computer is called its “IP address” and is sent automatically each time you access any internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

15.             We do not keep a record of the IP addresses from which users access its site except where the user has specifically provided it with information about itself, in which case we also record the user’s IP address for security purposes. 

Right to gain access to information and complaints handling processes

16.             Any information that is stored us about an individual is stored in a reasonable state of security. Individuals have certain rights under the APPs to access information stored by an organisation about them.

17.             Should a person wish to contact us to gain access to the details of the information stored by us regarding that individual, that person should make contact with our Privacy Officer. Subject to legal obligations upon this real estate agency, including our rights and obligations under the Privacy Act, 1988, we will provide that access. We reserve the right to make a reasonable charge to cover our costs for granting that access.

18.             Should a person wish to make a complaint about the manner in which this real estate agency has dealt with any privacy issue, that person should make