Shoreside Real Estate Privacy Policy
Shoreside Real Estate has adopted this Policy to ensure that it collects, holds, uses and discloses personal information, credit information, credit eligibility information, credit reporting information and CRB derived information in accordance with the APPs and Act.
Shoreside Real Estate will maintain and regularly review this Policy and intends to comply with the APPs and the Act.
This Policy will be made available on Shoreside Real Estate website (but may be requested in other forms). You may also request a printed copy from our office located at 1/521 Esplanade, Lakes Entrance, Victoria 3909, which will be provided free of charge and within a reasonable timeframe.
Policy Objectives
It is the objective of this Policy to detail how Shoreside Real Estate intends to abide by its obligations under the Act.
Definitions
Access Seeker has the same meaning as in the Act.
Act means the Privacy Act 1988 (Cth)
APPs means Australian Privacy Principles set out in Schedule 1 of the Act.
CRB derived information has the same meaning as in the Act.
Credit has the same meaning as in the Act.
Credit eligibility information has the same meaning as in the Act
Credit information has the same meaning as in the Act
Credit reporting information has the same meaning as in the Act.
Government related identifier has the same meaning as in the Act
Joint Ventures and Services Partners means entities for whom Shoreside Real Estate distributes products or services to clients on an exclusive or preferential basis as part of its general service offering and to whom Shoreside Real Estate is required to provide Personal Information in order for them to manage those products or services for you. For example such entities may include all financial institutions or insurance entities.
Personal information has the same meaning as in the Act.
Sensitive information has the same meaning as in the Act.
Service Provider means any third party that Shoreside Real Estate engage (or enter negotiations with a view to engaging) to provide services to support the Shoreside Real Estate business.
Policy
This Privacy Policy will be divided into five parts to reflect the different stages of the personal information management life-cycle, in line with the APPs.
PART 1 – CONSIDERATION OF PERSONAL INFORMATION PRIVACY
Open and transparent management of personal information
Shoreside Real Estate collects personal information which is reasonably necessary to:
• consider account and credit applications;
• maintain your account and contact details;
• process transactions to which you are a party;
• advertise, promote and provide you with products or services distributed by Shoreside Real Estate;
• improve our website and web services.*
*When you visit the Shoreside Real Estate website, our internet Service Provider records the following information: your IP address; the date, time and duration of your visit; the number of pages you have downloaded; and the type of browser you use. Google analytics demographic and interest reporting may be used to develop specific offers or advertising from time to time.
Shoreside Real Estate may ask for personal, business and contact details along with financial information. Shoreside Real Estate may also ask you for your bank account details. Shoreside Real Estate will do this by asking you to complete an application form. Shoreside Real Estate may also ask you for this or similar information personally.
PART 2 – COLLECTION OF INFORMATION
Collection of solicited personal information
Shoreside Real Estate will only collect personal information and credit information from you if it is reasonably necessary to provide goods or services to you or undertake ancillary functions for you. Shoreside Real Estate will only collect information for the purposes for which Shoreside Real Estate advised you it was collecting it for, or a related purpose which would reasonably be expected, or otherwise with your permission.
For example, Shoreside Real Estate may from time to time use your personal information to provide information about products, services, promotions and campaigns which it expects may be of interest to you. Generally, Shoreside Real Estate collect personal information through application forms, contracts to which you are a party, and other forms completed by you when dealing with Shoreside Real Estate.
Shoreside Real Estate may also collect your information to do one or more of the following:
• process transactions on your behalf;
• enable Shoreside Real Estate to meet our obligations under certain laws or pursuant to court documents (subpoenas or orders) that are served on Shoreside Real Estate;
• any purpose for which the information was requested and any directly related purpose; or
• developing, improving and marketing our products and services.
Shoreside Real Estate will generally not be required to collect sensitive information about you. Shoreside Real Estate will only do so if it is considered reasonably necessary for Shoreside Real Estate to collect such information for Shoreside Real Estate to perform its functions or activities and you consent, or another circumstance is provided for that enables that to occur (such as collection is required or authorised under an Australian law or by order of a court/tribunal).
Our website uses cookies to analyse website traffic and help provide a better visitor experience. A cookie is a text file containing small amounts of information which is downloaded to your device when you access a website. This information may include your internet protocol (IP) address, information and actions taken on the site including details about when you accessed the site. The text file is sent back to Shoreside Real Estate’ server each time your browser requests a page from the server. Information generated by cookies about the use of the website may be transferred to, and stored by, a web analytics service from a Service Provider to help improve online services. A Service Provider may be based overseas. You can configure your browser to reject cookies, but this may affect the functionality of the website.
Dealing with unsolicited personal information
If Shoreside Real Estate receives personal information about you from a source other than you, or it is information provided by you which Shoreside Real Estate did not request, Shoreside Real Estate will to determine, within a reasonable period, if it could have collected such personal information under APP 3. If Shoreside Real Estate determine that it could have collected the information under APP 3, Shoreside Real Estate may then use, and treat, that information as if it had collected the information in that manner. If Shoreside Real Estate determines that it could not have collected the information under APP 3 and so long as it is lawful and reasonable to do so, it will destroy or de-identify that information as soon as practicable.
Notification of the collection of personal information
When Shoreside Real Estate is collecting personal information and credit information about you, Shoreside Real Estate will take reasonable steps to notify you, either at or before the time of, or as soon as reasonably practicable after, collection why Shoreside Real Estate is collecting such information (which may have already been outlined in a contract with you). This is particularly relevant if Shoreside Real Estate collect information about you from someone other than yourself.
Shoreside Real Estate will also take steps that are reasonable in the circumstances to, among other things, make it clear to you if it is required to collect such information by reason of an Australian law or some other legal instrument (such as a court or tribunal order), why it is collecting such information and the potential consequences for you if such information is not collected.
PART 3 – DEALING WITH PERSONAL INFORMATION
Use or disclosure of information
Shoreside Real Estate collects personal information from you for a specific reason as described in APP 3. This is referred to as the primary purpose. Shoreside Real Estate will not use or disclose the collected information for a secondary purpose unless you consent to Shoreside Real Estate doing so, or under the circumstances involved, Shoreside Real Estate believe you would reasonably expect Shoreside Real Estate to use or disclose the information for a secondary purpose related to the primary purpose.
In the event that Shoreside Real Estate hold sensitive information about you, Shoreside Real Estate will only use or disclose that information with your consent or if the use or disclosure is otherwise permitted under the APPs or the Act, such as where the use or disclosure is directly related to the primary purpose and within your reasonable expectations.
Shoreside Real Estate may also disclose your personal information or sensitive information if it is required to do so by an Australian law, by order of a court or tribunal or if Shoreside Real Estate reasonably believes that the use or disclosure of the information is reasonably necessary for an enforcement related activity, by or on behalf of an enforcement body, in which case Shoreside Real Estate will make a written note of the use or disclosure. A disclosure may also be made where a permitted general situation or permitted health situation exists as provided for in the APPs.
Shoreside Real Estate uses Service Providers to provide services to support Shoreside Real Estate’ business. These Service Providers may perform services or assist to provide services to you, by handling your personal information on Shoreside Real Estate behalf or by using their own affiliates to provide these services. For example, Shoreside Real Estate engages Service Providers to provide IT services, cloud storage, workforce management software services and website analytics services. Shoreside Real Estate’ Service Providers may need to access your personal information in connection with providing these services. The Service Providers may be based in Australia or in countries overseas.
Shoreside Real Estate only discloses your personal information to Service Providers in accordance with this Policy and the Act. Shoreside Real Estate does not authorise use or disclosure of your personal information for any other purposes other than in connection to the provision of the services provided to us.
Direct marketing
Shoreside Real Estate will only use personal information collected for the purpose of direct marketing where Shoreside Real Estate:
• collected the information involved;
• believes you would reasonably expect Shoreside Real Estate to use or disclose the information for direct marketing; and
• provide an option for you to request that Shoreside Real Estate do not use the information for direct marketing – and you have not taken up this option.
If Shoreside Real Estate collected the information involved from you and you would not reasonably expect Shoreside Real Estate to use or disclose the information for the purpose of direct marketing, or collect the information from someone other than you, Shoreside Real Estate will only use or disclose the information with your consent or where it is impracticable to obtain your consent. Either way, a simple means will be provided to you by which you may request not to receive direct marketing communications from Shoreside Real Estate.
When Shoreside Real Estate uses or discloses any personal information collected for direct marketing purposes, those materials will provide you with an option to declare you do not wish to receive such material in the future. If requested, Shoreside Real Estate will provide you with the source of any information used or disclosed for direct marketing purposes, whether that direct marketing be by Shoreside Real Estate or another organisation. Shoreside Real Estate will also provide you with the opportunity to request that it, or the other organisation, does not send direct marketing information to you. Shoreside Real Estate will not charge for that request and will action it in a reasonable time frame. You may also request that Shoreside Real Estate not use or disclose information to facilitate direct marketing by other organisations.
Cross-border disclosure of information
The Service Providers used to support the Shoreside Real Estate business (including to handle personal information on Shoreside Real Estate behalf where required or for complimentary software to support business functions) may be based in Australia or in countries overseas. Where possible, Shoreside Real Estate will take reasonable steps in the circumstances to ensure overseas recipients comply with the Act, or any corresponding law in the relevant jurisdiction, when handling information and have precautionary measures in place to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure.
Shoreside Real Estate will only transfer personal information about an individual to someone (other than a member of Shoreside Real Estate or the individual) who is in a foreign country if Shoreside Real Estate reasonably believe that the recipient of the information is subject to a law or binding scheme substantially similar to the way in which the APPs protect the information and there are mechanisms that can be used to take action or enforce those laws or binding scheme. Shoreside Real Estate may also transfer personal information cross-border if you specifically consent to Shoreside Real Estate doing so, or Shoreside Real Estate are required to do so under Australian law or an order of a court or tribunal, a permitted general situation exists, or Shoreside Real Estate are required or authorised by or under an international agreement relating to information sharing to do so. Otherwise, Shoreside Real Estate will take reasonable steps under the circumstances to ensure that the overseas recipient does not breach the APPs in relation to the information.
Adoption, use or disclosure of government related identifiers
Generally, Shoreside Real Estate does not use government related identifiers. Shoreside Real Estate will not use or disclose a government related identifier unless the use or disclosure of the identifier is:
• reasonably necessary for Shoreside Real Estate to be able to verify your identity for the purposes of Shoreside Real Estate activities or functions; or
• reasonably necessary for Shoreside Real Estate to fulfil any obligations it may have to a government agency or a State or Territory authority; or
• required or authorised by or under an Australian law or order of a court or tribunal; or
• where a permitted general situation exists in relation to the use or disclosure of the identifier.
Shoreside Real Estate may use or disclose such an identifier if it is reasonably necessary for an enforcement related activity by, or on behalf of, an enforcement body. Shoreside Real Estate may also use or disclose a government related identifier related to you if that is prescribed for by regulation.
PART 4 – INTEGRITY OF INFORMATION
Quality of personal information
Shoreside Real Estate will take steps as are reasonable in the circumstances to ensure that the information it collects from you is accurate, up-to-date and complete. Where information is collected from you directly, Shoreside Real Estate rely on you to supply accurate information and it may not consider that further steps are required. Shoreside Real Estate will also ensure that steps as are reasonable in the circumstances to ensure that the information it collects, uses or discloses are, when considered in relation to the purpose for which Shoreside Real Estate are using or disclosing the information, accurate, up-to-date, complete and relevant.
Security of information
Shoreside Real Estate will take all steps reasonable under the circumstances to protect your information from misuse, interference, loss and unauthorised access, modification or disclosure. If Shoreside Real Estate no longer require the holding of information, it will take all reasonable steps under the circumstances to destroy or de-identify the information. However, Shoreside Real Estate may retain documents that contain information in accordance with document retention practices and requirements under Australian law or any order of a court/tribunal. For example, Shoreside Real Estate may retain copies of contracts to which you are a party, even though the contracts may contain personal information about you. Similarly, personal information provided for the purposes of establishing or varying the terms of a trading account will be retained on file for document retention purposes.
Shoreside Real Estate, as a business, has relationships with various suppliers of goods, software and the like. This includes some Service Providers who may be offshore such as those providing cloud storage or IT servers. Shoreside Real Estate will take reasonable steps with respect to information to ensure that any information collected, held, used and disclosed will comply with the Act and any corresponding law where information is collected, held, used or disclosed offshore.
PART 5 – ACCESS TO, AND CORRECTION OF, INFORMATION
Access to information
You can request access to the personal information that Shoreside Real Estate holds about you by contacting the Shoreside Real Estate Privacy Officer whose details are set out below. Shoreside Real Estate may need to verify your identity to provide you with access and consider whether any exceptions to access apply.
In relation to requests to access information, Shoreside Real Estate will generally provide you with access to your information on request, unless:
• giving access would be unlawful; or
• denying access is required or authorised by or under an Australian law or a court/tribunal order; or
• giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Where Shoreside Real Estate provides you with access to your personal information it will do so within a reasonable time after receiving your request and in the manner requested by you (if it is reasonable and practicable for Shoreside Real Estate to do so). Shoreside Real Estate may charge a reasonable fee for giving access to the information.
If Shoreside Real Estate determines not to release information to you, it will provide you with written notice setting out the reasons for refusal and your review options.
Correction of information
If Shoreside Real Estate determines that information held is inaccurate, out-of-date, incomplete, irrelevant or misleading, or you request Shoreside Real Estate to correct the information, it will take all such steps as are reasonable in the circumstances to correct the information held, after considering the reason why Shoreside Real Estate hold the information, and to make sure it is accurate, up to date, complete, relevant and not misleading. If Shoreside Real Estate had disclosed the original information to a third party or you request Shoreside Real Estate to advise another party, Shoreside Real Estate will take all reasonable steps to update that other party unless it is impracticable or unlawful to do so. Unless required not to by law or it is impracticable to do so, Shoreside Real Estate will provide you with written notice within a reasonable period as to any correction made to information.
If Shoreside Real Estate refuse to correct the information held, Shoreside Real Estate will provide you with written notice as to the reasons for refusal, how you can complain about Shoreside Real Estate refusal and any other matter Shoreside Real Estate may be required to advise you about in the circumstances. If Shoreside Real Estate have refused to correct information held, you may request Shoreside Real Estate associate a statement from you, with the information held, that you believe that the information held is inaccurate, out-of-date, incomplete, irrelevant or misleading. If such circumstance arises, Shoreside Real Estate will take all reasonable steps under the circumstances to associate any such statement.
If Shoreside Real Estate receives a request from you to correct information held by us, Shoreside Real Estate will respond to that request within a reasonable period after receiving the request. Shoreside Real Estate will not charge for your request, the correction of information or associating a statement.
Privacy – Enquiries, Requests, Complaints, Breaches
Enquiries regarding this Policy or the information Shoreside Real Estate may hold on you, should be addressed to the Privacy Officer, whose contact details are below.
If you have any enquiries, requests, complaints or breaches to report about the collection, holding or management of your information, please contact the Privacy Officer via the contact details set out below so that Shoreside Real Estate may attempt to resolve the issue with you quickly and directly.
Shoreside Real Estate Privacy Officer Contact Details
Email: admin@shoresidere.com.au
ATTENTION: Rachael Newman, Shoreside Real Estate Director & Principal
Phone: 03 5155 3133
Mail: ATTENTION: The Privacy Officer,
Shoreside Real Estate, 1/521 Esplanade, Lakes Entrance Victoria, 3909
If Shoreside Real Estate are unable to resolve the matter to your satisfaction, you may wish to contact the Office of the Australian Information Commissioner at:
GPO Box 5218, Sydney NSW, 2001