Rainbow Beach Realty Pty Ltd and its employees are bound by the Privacy Act (1988). We respect your right to privacy and understand the importance of protecting your personal information.
The term “personal information” used in this policy refers to the definition stated in the Privacy Act (1988). It means information or an opinion, whether true or not, and whether recorded in material form or not, about an identified individual, or an individual who is reasonably identified.
Collection of Personal Information
When you deal with Rainbow Beach Realty Pty Ltd, whether as a current or prospective seller, buyer, lessor or lessee, we will collect personal information in order to provide services to you and maintain business operations. 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. If we are unable to collect the required information, we may be unable to provide services to you.
The types of personal information we generally collect include, but are not limited to: name; date of birth; residential address; postal address; email address; home telephone number; work telephone number; mobile telephone number; occupation and work address; financial information including details of your employer, income, bank account details; details of your spouse, de facto, dependent children and roommates; details of properties owned by you; next of kin and personal and business references.
We will not ordinarily ask you to provide sensitive information as defined in Section 6 the Privacy Act (1988). However this information may be revealed or requested as necessary and with your consent.
Your personal information will usually be collected directly from you in the form of completed documents; information provided by you in person or during telephone conversations; written correspondence or details obtained through our website.
At times we may collect personal information from a third party or publicly available source. For example, we may need to collect personal information from a credit reporting agency; your legal advisor; your past or current employers; your previous lessors or property managers or other tenancy information services or databases.
If we receive unsolicited personal information, we will determine whether we could have lawfully collected that information as part of our operations. If we are not satisfied that we could have lawfully collected the information, then we will (if it is lawful and reasonable to do so) destroy the information or ensure that it is de-identified.
Where lawful and practical, you may choose to deal with us anonymously or under a pseudonym. Where anonymity or use of a pseudonym renders us unable to provide the relevant service or maintain business operations, 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
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 our operations.
Personal information collected by Rainbow Beach Realty Pty Ltd 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 lessee or lessor
* assisting you to obtain a loan
* assisting you with payment or refund of a bond
* assisting you with tenancy disputes
* co-ordinating repairs or maintenance to a property owned or leased by you
* recording or accessing information at the Titles Registry Office or other government agency
* recording or accessing information at the Residential Tenancies Authority
* recording or accessing information on tenancy information services or databases
* client and business relationship management
* holiday accommodation booking and management
* marketing products and services to you.
In order to achieve the purposes described above, we may disclose your personal information to 3rd parties such as:
* prospective buyers of the property owned or leased by you
* 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
* tradespeople engaged by us to repair or maintain a property owned or leased by you
* 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 of our business
* organisations involved in the payments systems including financial institutions, merchants and payment organisations
* the Titles Registry Office or other government agencies
* the Residential Tenancies Authority
* tenancy information services or databases
* real estate peak bodies
* real estate websites
* web based booking and advertising operators
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 (eg police, ASIC, Immigration Department).
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. As such, a third party may acquire rights to use or disclose this information. The collection and use of personal information by third parties may be subject to separate privacy policies or the laws of other jurisdictions.
Rainbow Beach Realty Pty Ltd may rely on third party suppliers or contractors to provide specialised services such as web hosting, cloud computing technology and data storage services. Personal information may be disclosed to these suppliers or contractors in order to enable them to perform the agreed tasks. Whilst we 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 accept no responsibility for the handling of your information by any third party.
There may be limited circumstances in which it is necessary for us to collect a government related identifier such as tax file number or Centrelink reference number. We will not use or disclose your government related identifiers unless we are required or authorised to do so by law or by a court or tribunal order, or in order to fulfil our obligations to a State or Territory authority.
Access to Personal Information
You may request access to personal information that Rainbow Beach Realty Pty Ltd holds about you. Contact details are provided at the end of this document. You will need to verify your identity before access to your personal information is granted.
We will acknowledge your request within 14 business days of the request being made. Access will usually be granted within 14 business days of our acknowledgement or, if the request involves complex considerations or voluminous photocopying or scanning, within 30 business days. We will let you know which timeframe applies to your request and if any delays are anticipated.
There is no fee for the application to access your personal information, however, where reasonable and possible, we may charge a fee for providing this information in your preferred format. This fee covers our costs involved in locating, collating and reproducing information.
Once your request has been processed, the information may be forwarded 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 endeavour to make the information available to you in the manner requested by you unless it is unreasonable for us to do so (eg if you have asked for the information to be emailed to you, we will endeavour to do so, unless the file size is too large in which case it will be posted).
Accuracy of Personal Information
We take reasonable steps to ensure that the personal information collected, used or disclosed is accurate, complete and up-to-date. Please contact us if your personal information needs updating.
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 in accordance with Schedule 1- Australian Privacy Principles of the Privacy Act 1988.
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.
Marketing our Products and Services
Rainbow Beach Realty Pty Ltd 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.
Internet Security & Privacy
Rainbow Beach Realty has appropriate security measures and procedures in place for maintaining the privacy of information within our office. However, our website is linked to the internet, which is inherently insecure. As such we cannot provide any guarantee about the security of information transmitted to us online. Any personal information or other information that you transmit to us online is transmitted at your own risk.
You may be able to access 3rd party operated websites by clicking on links we have provided. Third party websites are not subject to our privacy standards, policies and procedures. We make no representations or warranties, nor take any responsibility for the content of any third party website.
Breach of Privacy
If you believe there has been a breach of your privacy, please contact us and provide us with the relevant details, so we can investigate the matter in line with Rainbow Beach Realty Complaints Handling Procedure.
You can contact us by mail, telephone or email.
Postal: PO Box 275, Rainbow Beach QLD 4581
Phone: 07 5486 3900
This document was last updated on 27 July 2016.