STANDARD PRIVACY INTERNET COLLECTON NOTICE FOR USE BY REIWA MEMBERS
Last updated: March 2014
1. As of consequence of the provisions of the Privacy Act, 1988 (Act), most real estate agencies (including individual sole traders who conduct real estate business) are required to comply with the Australian Privacy Principles (APPs). Guidelines for complying with the APPs may be obtained at the website of the Office of the Australia Information Commissioner (Commissioner) and, in particular, at www.oaic.gov.au/privacy/applying-privacy-law/app-guidelines/ (Guidelines).
3. One of the obligations imposed upon applicable organisations under the APPs (APP 5) is that an APP entity that collects personal information about an individual must take reasonable steps either to notify the individual of certain matters or to ensure the individual is aware of those matters.
4. The matters include:
(a) the APP entity’s identity and contact details;
(b) the fact and circumstances of collection;
(c) whether the collection is required or authorised by law;
(d) the purposes of the collection;
(e) the consequences if personal information is not collected;
(f) the entity’s usual disclosures of personal information of the kind collected by the entity;
(h) whether the entity is likely to disclose personal information to overseas recipients, and if practicable, the countries where they are located.
5. An APP entity must take reasonable steps to provide the above collection details, before, or at the time it collects personal information. If this is not practicable, reasonable steps must be taken as soon as practicable after collection. This APP can also apply to information collected from publicly available sources.
6. The Guidelines set out examples of the types of reasonable steps that APP entities are required to take to make individuals aware of the matters listed above.
7. The Commissioner, by virtue of the provisions of APP 5.1, acknowledges that it may be reasonable for an APP entity to not take any steps to provide a notice or ensure awareness of all or some of the APP 5 matters. However, it is the responsibility of the entity to be able to justify not taking any steps. The Guidelines give examples of when this may be reasonable
8. Often APP entities will choose to provide a detailed collection notice on their websites and provide a more limited notice on hard copy documents, that cross-references and refers readers to the internet site. The form attached to these notes is designed to be placed on members’ websites (with appropriate adjustments) and envisages that other forms will refer back to that website. Consistent with this practice, the standard forms published by REIWA for use by its members (eg listing authorities and residential leases) will include short-form notices that refer to agents’ websites.
9. Members should bear in mind that the form of notice set out below must, by necessity, merely be a guide. The final form of a notice used by a member will depend upon that organisation’s own circumstances. Therefore, before implementing any notice based on the form set out below, agents should ensure that the terms of the notice used meet their own personal requirements.
10. REIWA members will be required to prepare their own privacy collection notices when collecting information from individuals in circumstances not covered by the document provided below or in the circumstances described in REIWA’s standard forms.
12. If members of REIWA require further information regarding their general privacy obligations they may obtain advice from REIWA’s retained lawyers, MDS Legal, via the REIWA Legal Hotline.
STANDARD REIWA MEMBERS’ COLLETION NOTICE FOR USE ON INTERNET SITES
(AUSTRALIAN PRIVACY PRINCIPLES COLLECTION NOTICE)
[Last updated: 12 March 2014]
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.
Disclosure of personal information to overseas recipients
It is likely that we will disclose personal information to overseas recipients (eg data storage services), when that disclosure is consistent with the purposes set out above.
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: Steve Klifunis
Telephone: 0419 912 278
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.
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.
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 contact with our Privacy Officer.
Queries regarding privacy
20. Any queries that the reader of this document may have about this real estate agency’s privacy compliance should be directed to our Privacy Officer at the details set out above.