Privacy Policy
Brand Property is committed to protecting your privacy and your personal information and aims to maintain a high standard of compliance with the Privacy Act 1988 (C’th) and the National Privacy Principles. This Privacy Statement forms part of the Brand Property Privacy Policy and is intended to inform you about the following:
- how Brand Property collects your personal information
- what type of personal information Brand Property collects
- the purposes for which Brand Property uses that information
- how Brand Property maintains and keeps the information secure
- how you may access, correct or update any personal information that Brand Property holds about you.
In addition to information submitted through the Brand Property website or provided directly to Brand Property or Brand Property partners or franchisees as a prospective seller or purchaser of a property, Brand Property may collect information about you from the following sources:
- various databases in the public domain such as Telstra White Pages, Australia Post DPID database, Titles Office or other property databases; and
- referrals and recommendations from existing clients of Brand Property or a Brand Property partner or franchisee.
- As part of its due diligence process prior to entering into lease or rental agreements with you, Brand Property may disclose your information to authorised credit-checking agencies.
Brand Property may collect any of the following information about you if you are a prospective vendor, purchaser or landlord of real estate:
- contact details (including, address, telephone number and email address);
- current property ownership details;
- desired property ownership details; and
- details of properties sold or acquired by you.
If you are a prospective tenant for a rental property, Brand Property may collect the following additional information from you:
- employment details such as your employment status, employer, salary, length of employment;
- other sources of income; and
- personal and financial referees whom we may contact about your application.
- Sometimes Brand Property may also need to ask you for other personal information to enable Brand Property to provide its services to you.
Brand Property collects this information to:
- enable Brand Property to provide you with the services and/or products you may require;
- to comply with local, state or federal legislation or regulations with respect to real estate property sales, rental and administration;
- to enable subsidiaries, Brand Property franchisees and third party partner businesses to assist you with related or ancillary services, as required; and
- for our internal administrative, marketing, planning, product development and research requirements.
Any personal information about you that Brand Property collects and records will only be used or disclosed by Brand Property for the purpose of:
- compliance with obligations under real-estate regulations and laws applicable for NSW;
- helping Brand Property and Brand Property franchisees efficiently and effectively deliver and improve on products and services;
- any other purpose if you would reasonably expect Brand Property to use or disclose that personal information for that other purpose and that other purpose is related to the purpose for which the information is collected;
- offering to provide you with products or services provided by Brand Property, Brand Property franchisees and third party business partners; or
- sending you news and other information about Brand Property’s activities and general promotional material which Brand Property believes may be of interest to you. However, when Brand Property does this, Brand Property will provide you with an express opportunity to decline receiving any further communication from Brand Property of this type via an opt-out mechanism.
Brand Property may also use or disclose the information it collects for any other purpose specified to you at the time of collection.
If Brand Property wishes to use or disclose any of your personal information in any other ways than described above, Brand Property will not do so unless it:
- has your express consent to do so;
- has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or
- has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.
To some extent you can preserve your anonymity when you deal with Brand Property. You can browse our website without providing any personal information, you can access our real-estate advertising in various publications and you can generally attend auctions without providing personal details if you do not intend to bid.However, when you enter into transactions with Brand Property or Brand Property franchisees that involve the sale, purchase or rental of real estate property, then various Acts, statutory legislation and regulations require you to provide Brand Property with personal information so as to identify you.
What happens if I want to access or correct the personal information held about me?You may access your personal information held by Brand Property, subject to someexceptions. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days. If you believe that personal information Brand Property holds about you is incorrect, incomplete orinaccurate, then you may request amendment of it. We will consider if the information requires amendment. If we do notagree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Brand Property may charge you a reasonable fee to recover its costs for providing access based on the quantity of material and time involved in providing access. Brand Property may not be able to provide access to information in some situations, including:- where in Brand Property’s opinion providing you access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;
- where your request for access is in Brand Property’s opinion frivolous or vexatious; or
- where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.
- If for any reason Brand Property does not allow you to access your personal information, Brand Property will provide you with reasons in writing for its decision.
Does Brand Property provide my personal information to third parties?
There are some instances when we need to provide your personal information to third parties. We may be bound by law to provide your details to government-related bodies, including the Titles Office or the Residential Tenancies Bond Authority. Sometimes we may need to outsource some of our administrative and other property-related functions to external organisations such as advertising agencies, signwriters, building and garden maintenance contractors or consultants such as accountants, lawyers, surveyors and other advisors. Most of the above organisations are bound by express or implied confidentiality obligations to Brand Property. We may also need to provide your details to Brand Property franchisees. Brand Property may also provide your details to third party business partners for the purpose of offering to provide you with products or services provided by Brand Property or these business partners that Brand Property considers relevant to you. Brand Property does not sell your personal details to other organisations. We may however use the information about you to assist us with internal marketing and research.
How does Brand Property keep my personal information secure?
Brand Property will take reasonable steps to ensure information Brand Property collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by Brand Property so as to prevent misuse, loss, unauthorised access, modification or disclosure.If the personal information is no longer needed for any purpose, Brand Property will take reasonable steps to destroy or permanently de-identify the personal information. Brand Property endeavours to provide a secure environment and a reliable system but you should be aware that there are inherent risks associated with the electronic storage and transmission of information (particularly via the Internet) which cannot be guaranteed to be 100% secure.
Who do I contact for further information?
Our Privacy Officer can assist you with any enquiries you have about the information that we hold about you. He can be contacted onfrom 9.00am to 5.00pm, Monday to Friday.You can also write to the Privacy Officer at:
Privacy Officer
301 Main Road
Toukley NSW 2263
e-mail: [email protected]
What if I have a complaint or concern?
If you have a complaint or concern you can phone the Brand Property Privacy Officer or write to the Privacy Officer at the address above. We will do our best to try and resolve your complaint within 90 days.
What if you are unable to resolve my complaint or concern?
If we are unable to resolve your complaint within this time, or you are unhappy with the outcome, you may refer your complaint to the Privacy Commissioner in your State capital. The Privacy Commissioner can be contacted by telephone from anywhere in Australia for the cost of a local call on or you can write to the Privacy Commissioner at the following address:
GPO Box 5218
Sydney NSW 1042
e-mail: [email protected]
TTY:(Teletype access for the hearing impaired)
How does this policy change over time?
This policy represents our policy as at 02 April 2024. We may change this policy from time to time. Although we intend to observe this policy at all times, it is not legally binding on Brand Property in any way. From time to time we may regard it as necessary or desirable to act outside the policy. Brand Property may do so, subject only to any other applicable contractual rights you have and any statutory rights you have under the Privacy Act or other applicable legislation.