CVA Property Consultants Pty Ltd (ACN 064 086 960) ATF CVA Property Consultants Unit Trust T/A CVA Property Consultants (ABN 82 596 462 685)(we, us or our), understands that protecting your personal information is important. This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or collected by us, when interacting with you.

The information we collect

Personal information: is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

The types of personal information we may collect about you include:

  • Identity Data including your name, age, profession, photographic identification, and gender.
  • Contact Data including your telephone number, address, email and emergency contact information if required.
  • Financial Data including finance information, bank account and payment card details.
  • Background Verification Data including your character references or a tenancy database check which may produce information such as tenancy history, details bankruptcy, court orders or judgments, identity and/or visa verification business credit history and directorship information, as part of our tenant assessment.
  • Transaction Data including details about payments to you from us and from you to us and other details of products and services you have purchased from us or we have purchased from you.
  • Technical and Usage Data when you access any of our websites or platforms, details about your internet protocol (IP) address, login data, browser session and geo-location data, statistics on page views and sessions, device and network information, acquisition sources, search queries and/or browsing behaviour, access and use of our website (including through the use of Internet cookies or analytics), and communications with our website.
  • Interaction Data including information you provide to us when you participate in any interactive features, including surveys, contests, promotions, activities or events.
  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
  • Professional data including where you are a worker of ours or applying for a role with us, your professional history such as your previous positions and professional experience.
  • Sensitive information is a sub-set of personal information that is given a higher level of protection. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. In the course of doing business with you, we may collect, or come across such sensitive information in different situations during the course of our engagement with you, including reviewing your tenancy application or when reviewing your CV.

How we collect personal information

We collect personal information in a variety of ways, including:

  • when you provide it directly to us, including face-to-face, at an open property inspection or auction, over the phone, over email, or online;
  • when you complete an enquiry form, contract for sale of land, tenancy application, or an authority form such as Authority to Sell, Leasing and Management Authority, Management Instructions Form or similar documents;
  • registering for any of our events or newsletters, or responding to surveys;
  • when you use any website we operate (including from any analytics and cookie providers or marketing providers. See the “Cookies” section below for more detail on the use of cookies);
  • from third parties, such as your agents, other owners, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with any tenancy, lease or contract for sale of the property;
  • from property valuers or related service providers;
  • public registers; or
  • from publicly available sources.

Why we collect, hold, use and disclose personal information

Personal information: We collect, hold, use and disclose your personal information for the following purposes:

  • to do business with you, including to:
    • identify or verify the identity of a prospective vendor, purchaser, landlord or tenant of a property;
    • process and assess any application received in relation to the sale or lease of any property;
    • advertise, market and promote the sale or lease of any property;
    • negotiate and prepare any tenancy agreement, lease, or sale document for any property;
    • liaise and exchange information with the landlord, tenant, or vendor, as well as their agents, contractors, legal, financial, and other advisors in relation to or in connection with the property transaction;
    • manage any tenancy, lease, or sale agreement, including the collection of rent and other amounts on behalf of the landlord or vendor and the preparation of required statements of account;
    • ensure the safety and security of landlords, tenants, vendors, and existing occupiers in connection with property inspections, auctions, or any property transaction;
    • provide information to insurers related to or connected with any property;
    • inform you about any other rental property or property for sale that we are managing, or any other service that we provide unless you tell us not to;
    • manage your property or property portfolio;
  • to contact and communicate with you about our business, including in response to any support requests you lodge with us or other enquiries you make with us;
  • to contact and communicate with you about any enquiries you make with us via any website we operate;
  • for internal record keeping, administrative, invoicing and billing purposes;
  • for analytics, market research and business development, including to operate and improve our business, associated applications and associated social media platforms;
  • for advertising and marketing, including to send you promotional information about our events and experiences and information that we consider may be of interest to you;
  • to run promotions, competitions and/or offer additional benefits to you;
  • if you have applied for employment with us, to consider your employment application; and
  • to comply with our legal obligations or if otherwise required or authorised by law.

Sensitive information: We only collect, hold, use and disclose sensitive information for the following purposes:

  • any purposes you consent to;
  • the primary purpose for which it is collected;
  • secondary purposes that are directly related to the primary purpose for which it was collected, including disclosure to the below listed third parties as reasonably necessary to do business with you;
  • to contact emergency services, or to speak with your family, partner or support person where we reasonably believe there is a serious risk to the life, health or safety of you or another person and it is impracticable for us to obtain your consent; and
  • if otherwise required or authorised by law.

Our disclosures of personal information to third parties

Personal information: We will only disclose personal information (excluding sensitive information) to third parties where it is necessary as part of our business, where we have your consent, or where permitted by law. This means that we may disclose personal information (excluding sensitive information) to:

  • our employees, contractors and/or related entities;
  • your representatives, attorneys, lawyers, settlement agents, accountants, brokers;
  • any conjunction, co-listing, buyers', auctioneers or other property agents that acts on your behalf in connection with the rental, leasing, sale and purchase of property;
  • your financier including any mortgage brokers that may be assisting you with any existing mortgage loan or application in relation to the sale or purchase of property;
  • valuers, surveyors, insurers, re-insurers, claim assessors and investigators;
  • financial institutions including deposit taking institutions;
  • if you are a tenant, including any prospective tenant, your referees, including your employer or other individuals to confirm your identity and/or other details about you in any rental application that you submit;
  • government and/or regulatory bodies including but not limited to the Australian Taxation Office and the various Offices of State Revenue;
  • mailing houses and telemarketing agencies that assist us to communicate with you;
  • if we enter into, or propose to enter into, any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), that party (including its legal, financial and other professional advisers) to provide personal information in relation to or in connection with those arrangements;
  • service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business;
  • utility suppliers;
  • organisations or tradespeople required to carry out maintenance to your property or rental property;
  • IT service providers, data storage, web-hosting and server providers;
  • marketing or advertising providers;
  • payment systems operators or processors;
  • our existing or potential agents or business partners;
  • if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser's advisers and may be among the assets transferred;
  • courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties to collect and process data, such as analytics providers and cookies; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Sensitive information: We will only disclose sensitive information with your consent or where permitted by law. This means that we may disclose sensitive information to:

  • our employees, contractors and/or related entities;
  • IT service providers, data storage, web-hosting and server providers;
  • professional advisors;
  • if we merge with, or are acquired by, another company, or sell all or a portion of our assets, your personal information may be disclosed to our advisers and any prospective purchaser's advisers and may be among the assets transferred;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties to collect and process data, such as analytics providers and cookies; and
  • any other third parties as required or permitted by law, such as where we receive a subpoena.

Overseas disclosure

We store your personal information in Australia. Where we disclose your personal information to third parties, those third parties may store, transfer or access personal information outside of Australia. We will only disclose your personal information overseas in accordance with the Australian Privacy Principles.

Your rights and controlling your personal information

Your choice: Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect our ability to do business with you.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person's consent to provide the personal information to us.

Restrict and unsubscribe: To object to processing for direct marketing/unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

Access: You may request access to the personal information that we hold about you. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide access to your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

Complaints: If you wish to make a complaint, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

Cookies

We may use cookies on our website from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do recognise you when you return to our online website and allow third parties to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our online website with personal information, this information may be linked to the data stored in the cookie.

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our website.

Links to other websites

Our website may contain links to other party's websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. We recommend you check our website regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact us at:

CVA Property Consultants Pty Ltd (ACN 064 086 960) ATF CVA Property Consultants Unit Trust T/A CVA Property Consultants (ABN 82 596 462 685)

Email: [email protected]

Last update: February 2024