Collection Notice
The purpose of this Collection Notice is to explain how and why we collect, hold, use and disclose your personal information in the context of a property open for inspection conducted by us.
The Privacy Act 1988 (Cth) (Privacy Act) regulates the collection, use, disclosure and storage of personal information by real estate agents from clients, customers and members of the public. By providing us with your personal information, you consent to its collection, use and disclosure as set out in this Collection Notice and our Privacy Policy (click here). We comply with the Privacy Act, including the Australian Privacy Principles (APPs).
References to "we", "our" and "us" include Caringbah Realty Pty Ltd, Sutherland Shire Property Management Pty Ltd and Sutherland Shire Estate Agents Pty Ltd, which are related entities (as defined in the Corporations Act 2001 (Cth)) trading as Century 21 Sutherland Shire.
What information do we collect?
The types of personally identifiable information we may collect include your name, address, telephone number, email, occupation and financial information.
How we collect personal information from you
- if you inspect any property, then we will collect personal information from you when you attend the property inspection
- we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply.
- we may have already have your personal information where you have contacted us about a property or otherwise had prior dealings with us.
- from your enquiries directed to us via third party property marketplaces including realestate.com.au, Domain or Reapit Lettings.
- subject to the other provisions of this Privacy Policy, we may also collect personal information from you when you make any other enquiry with us about the property.
Purposes of collection
- to ensure the safety and security of landlords and existing occupiers and of each of their property in connection with the inspection of any property by prospective tenants;
- to ensure we are able to comply with our general professional obligations as well as any specific obligations under the Property and Stock Agents Act 2002 (NSW), Property Stock Agents Regulation 2022 (NSW), other relevant laws and our authority to exercise functions in relation to the property under the relevant agreement with the property owner;
- to register your interest in the property to provide you with further information, details and updates in relation to the property that you are inspecting, unless you tell us not to;
- to advertise, market and promote any tenancy or lease of any property or services that we or our related entities may provide, unless you tell us not to;
- to enable us to run our business efficiently, to update records and to perform administrative and operational tasks; and
- in order to manage or improve our services and relationships including for statistical or data analysis purposes.
Consequences if personal information is not collected
If you do not provide your personal information to us, it may not be possible to provide you with the service that you have requested or applied for, for example:
- if personal information is not disclosed in a rental application by a prospective tenant, then we may be unable to process the application and/or submit it to the landlord for their consideration or approval. If you enter into a rental or lease agreement, you will need to be identified and your personal information will be included in the rental or lease agreement;
- if personal information is not disclosed by a vendor in connection with the sale of their property, we will not be able to verify that they are the owner of the property and/or to advertise and market the property;
- if personal information is not disclosed by a prospective purchaser at an open inspection, then we may not be able to admit them into the inspection;
- if personal information is not disclosed by a prospective purchaser at an auction, then we will not be able to register them as a bidder;
Usual Disclosures
Your personal information may be disclosed as a part of providing our functions and activities, including to:
- your representatives, attorneys, lawyers, settlement agents, accountants, brokers;
- any conjunction, co-listing, buyers' or other property agents that acts on your behalf in connection with the rental, leasing, sale and purchase of property;
- auctioneers;
- 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 or 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;
- law enforcement agencies;
- government and/or regulatory bodies, if permitted or required by law.
- service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business.
Under no circumstances will we sell or receive payment for licensing or disclosing your personal information.
Cross-border disclosures of personal information
We may use the services of certain third-party service providers which may have offices or other operations outside of Australia. As a result, your personal information may be disclosed to overseas recipients.
Under the Privacy Act, we must take reasonable steps, before personal information is disclosed to an overseas recipient, to ensure that the overseas recipient does not breach Australian privacy laws in relation to that information (the Obligation).
The Obligation does not apply if you consent to disclosure of your personal information to an overseas recipient. By supplying personal information to us you consent to the disclosure of your personal information to an overseas recipient and agree that the Obligation does not apply.
Personal information about other people
If you give us personal information about any other person in relation to, or in connection with, the rental/lease or sale of any property:
- we are entitled to assume that you have sought their consent to the disclosure of such personal information to us;
- we have collected their personal information for the purposes set out in this Privacy Policy;
- we may exchange their personal information with other organisations for the purposes set out in this Privacy Policy;
- we will handle their personal information in the same way as set out in this Privacy Policy and they can: access or request a copy of this Privacy Policy; or access the personal information we hold about them.
Anonymity and pseudonymity
We are not always able to deal with people who do not wish to identify themselves. This will be particularly the case when we are proposing to, or we do, act for a vendor or a landlord in relation to either the sale or rental/lease of any property. This will also apply where we are also dealing with actual or prospective tenants for any rental property that we manage.
Further, we are not able to allow people through any property inspections who do not wish to identify themselves as this can create security and other concerns for the property owner (among other considerations).
Opting out
If you decide that you do not want to be contacted by us with updates in relation to this property or for future marketing purposes please contact us (details above). You may also opt out of receiving communications by following the unsubscribe function on any of our communications.
Contact Details
You can make any requests relating to your personal information held by us or any complaints regarding treatment of your privacy by contacting:
Licensee-In-Charge
CENTURY 21 Sutherland Shire
Building G, First Floor, 5-12 Carter Road, Menai NSW 2234
Ph: 02 9543 2111
Email: admin@c21sutherlandshire.com.au