your rights to privacy under the Privacy Act 1988 (Cth) (Act) to ensure we
handle personal information in accordance with the Act and complies with all of
the Act’s requirements in respect of the collection, management and disclosure
of personal information, including the Australian Privacy Principles.
Policy is intended to inform you about the following:
- what type of personal information Buxton collect
- how Buxton collects your personal information
- the purposes for which Buxton uses and discloses that information
- how Buxton maintains and keeps the information secure
- how you may access, correct or update any personal information that
Buxton holds about you, and
- the process for complaining about a breach of privacy.
What is your personal information?
When used in
it in the Act. In general terms, it is any information that can be used to
personally identify you. This may include your name, address, telephone number,
email address and profession or occupation. If the information we collect
personally identifies you, or you are reasonably identifiable from it, the
information will be considered personal information.
information do we collect and hold?
collect any of the following information about you if you are a current or
prospective vendor, purchaser or landlord of real estate:
- contact details (including, name, address, telephone number and
- personal information (age or birth date, profession/occupation/job
- driver’s license number
- property ownership details including details of properties sold or
acquired, current holdings
- desired property ownership details, and
- any additional information relating to you that you provide to us
directly through our websites or indirectly through use of our websites or
online presence, through our representatives or otherwise and information
you provide to us through our service centre, customer surveys or visits
by our representatives from time to time.
If you are a
current or prospective tenant for a rental property, Buxton may collect the
following additional information from you:
- contact details (including, name, address, telephone number and email
- personal information (age or birth date, profession/occupation/job
- driver’s license, passport and/or other forms of identification
- 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
We may also
collect some information that is not personal information because it does not
identify you or anyone else. For example, we may collect anonymous answers to
surveys or aggregated information about how users use our website.
How do we
collect your personal information?
your personal information directly from you unless it is unreasonable or
impracticable to do so. When collecting personal information from you, we may
collect in various ways, including through when you write to or email us, when
you access and use our website and during conversations between you and our
representatives, by contracting with us, when you enter competitions, promotions
or requesting information or material from us, completing surveys or
Buxton may also
collect information about you from the following third-party sources:
- various databases in the public domain such as Telstra White Pages,
Australia Post DPID database, Titles Office or other property databases
- your representatives (lawyers, accountants and financial advisers)
- your employer
- the National Tenancy Database (NTD) operated through Veda Advantage
Information Services and Solutions Limited (Veda)
- law enforcement agencies and other government entities
- referrals and recommendations from existing clients of Buxton, and
- publically available sources of information or any other
organisation where you have given your consent.
In some cases,
access our website, we may send a “cookie” (which is a small summary file
containing a unique ID number) to your computer. This enables us to recognise
your computer and greet you each time you visit our website without bothering
you with a request to register. It also enables us to keep track of products or
services you view so that, if you consent, we can send you news about those
determine which areas of our website have been visited and to measure
transaction patterns in the aggregate. We use this to research our users’
habits so that we can improve our online products and services. Our cookies do
not collect personal information. If you do not wish to receive cookies, you
can set your browser so that your computer does not accept them.
We may log IP
addresses (that is, the electronic addresses of computers connected to the
internet) to analyse trends, administer the website, track users movements, and
gather broad demographic information.
Can I be
anonymous when I deal with Buxton?
To some extent
you can preserve your anonymity when you deal with Buxton. You can browse our
website without providing any personal information, you can access our
real-estate advertising in various publications and in some instances whereby
the auction is held on the street and you do not intend to bid, and you may not
be requested to provide personal information.
What happens if
we can’t collect your personal information?
If you do not
provide us with the personal information described above, some or all of the
following may happen:
- we may not be able to provide the requested products or services to
you, either to the same standard or at all
- we may not be able to provide you with information about products
and services that you may want or
- we may be unable to tailor the content of our websites to your
preferences and your experience of our websites may not be as enjoyable or
purposes do we collect, hold, use and disclose your personal information?
personal information so that we can perform our business activities and
functions and to provide best possible quality of customer service.
hold, use and disclose your personal information for the following purposes:
- to provide products and services to you and to send communications
requested by you
- to answer enquiries and provide information or advice about
existing and new products or services
- to provide you with access to protected areas of our website
- to assess the performance of the website and to improve the
operation of the website
- to conduct business processing functions including providing
personal information to our related bodies corporate, contractors, service
providers or other third parties
- for the administrative, marketing (including direct marketing),
planning, product or service development, quality control, survey and
research purposes of Buxton, its related bodies corporate, contractors,
franchisees, franchisees’ real estate agents or service providers
- for tenancy verification and identity purposes
- to provide your updated personal information to our related bodies
corporate, contractors or service providers
- to update our records and keep your contact details up to date
- to process and respond to any complaint made by you, and
- to comply with any law, rule, regulation, lawful and binding
determination, decision or direction of a regulator, or in co-operation
with any governmental authority of any country (or political sub-division
of a country).
Buxton will not
share, sell, rent or disclosed personal information other than as described in
To whom do we
disclose personal information?
We may disclose your Personal Information:
· within Buxton,
including between Buxton franchisees and subsidiaries of Buxton Real Estate Group Pty Ltd;
· to Buxton
employees and our contractors or service providers for the purposes of
operation of our website or our business, fulfilling requests by you, and to
otherwise provide services to you;
· to parties associated with delivering the service of buying/selling the property;
· if you are a
tenant of any property that we are managing, to the National Tenancy Database;
· to suppliers and
other third parties with whom we have commercial relationships, for business,
marketing, and related purposes; and
· to any organisation
for any authorised purpose with your express consent.
There are some instances when Buxton (including Buxton
franchisees) need to provide your Personal Information to third parties. Buxton
or Buxton franchisees may be bound by law to provide your details to
government-related bodies, including the Titles Office or the Residential
Tenancies Bond Authority.
Sometimes Buxton or Buxton franchisees 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. Other third parties may include web hosting
providers, IT systems administrators, mailing houses, couriers, payment
processors, data entry service providers, electronic network administrators,
debt collectors, and other business advisors and consultants. Most of the above
organisations are bound by express or implied confidentiality obligations to Buxton.
Buxton Pty Ltd may also need to provide your
details to Buxton franchisees. Buxton may also provide your details to third
party business partners for the purpose of offering to provide you with
products or services provided by Buxton or these business partners that Buxton
considers relevant to you.
Buxton 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.
We may disclose Personal Information to our related
bodies corporate and third-party suppliers and service providers located
overseas for some of the purposes listed above.
We take reasonable steps to ensure that the
overseas recipients of your Personal Information do not breach the privacy
obligations relating to your Personal Information.
We may disclose your Personal Information to
entities located outside of Australia, including our data hosting and other IT
service providers, who may pass information to secondary data hosting providers
located outside of Australia.
We may send you
direct marketing communications and information about our products and services
that we consider may be of interest to you. These communications may be sent in
various forms, including mail, SMS, fax and email, in accordance with
applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a
preference for a method of communication, we will endeavour to use that method
whenever practical to do so. In addition, at any time you may opt-out of
receiving marketing communications from us by contacting us (see the details
below) or by using opt-out facilities provided in the marketing communications
and we will then ensure that your name is removed from our mailing list.
How can you
access and correct your personal information?
You may request
access to any personal information we hold about you at any time by contacting
us (see the details below). Where we hold information that you are entitled to
access, we will try to provide you with suitable means of accessing it (for
example, by mailing or emailing it to you). Buxton may charge you a reasonable
fee to cover its administrative and other reasonable costs in providing the
information to you. Buxton will not charge for simply making the request and
will not charge for making any corrections to your personal information.
Buxton may not
be able to provide access to information in some situations, including:
- where in Buxton’s opinion providing your 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 Buxton’s opinion, frivolous 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.
To obtain access
to your personal information:
- you will have to provide proof of identity to ensure that personal
information is provided only to the correct individuals and that the
privacy of others is protected, and
- Buxton requests that you be reasonably specific about the
information you require.
if you would like to access personal information held about you by the NTD,
please contact the NTD on the contact details set out above.
If you believe
that personal information we hold about you is incorrect, incomplete or
inaccurate, then you may request us to amend it. We will consider if the
information requires amendment. If we do not agree that there are grounds for amendment,
then we will add a note to the personal information stating that you disagree
endeavour to respond to your request to access or correct your personal
information within 30 days from your request. If Buxton refuses your
request to access or correct your personal information, Buxton will provide you
with written reasons for the refusal and details of complaint mechanisms.
Buxton will also take steps reasonable in the circumstance to provide you with
access in a manner that meets your needs and the needs of Buxton.
What is the
process for complaining about a breach of privacy?
If you believe
that your privacy has been breached, please contact us using the contact
information below and provide details of the incident so that we can
investigate it. We will deal with the complaint in accordance with our then
current Complaints Handling Procedure.
At all times,
- will be treated seriously
- will be dealt with promptly
- will be dealt with in a confidential manner, and
- will not affect your existing obligations or affect the commercial
arrangements between you and Buxton.
Do we disclose
your personal information to anyone outside Australia?
We may disclose
personal information to our related bodies corporate and third-party suppliers
and service providers located overseas for some of the purposes listed above.
We take reasonable steps to ensure that the overseas recipients of your
personal information do not breach the privacy obligations relating to your
We may disclose
your personal information to entities located outside of Australia, including
- our related bodies corporate, located in foreign countries including
the United States of America, New Zealand, Hong Kong, China and Singapore,
- other third parties located in various foreign countries.
Buxton will take
reasonable steps to ensure information Buxton collects, uses or discloses is
stored in a secure environment that is accessed only by persons authorised by
Buxton so as to prevent interference, misuse, loss, unauthorised access,
modification or disclosure. If the personal information is no longer needed for
any purpose, Buxton will take reasonable steps to destroy or permanently
de-identify the personal information. Buxton 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
Our website may
contain links to other websites operated by third parties. We make no
representations or warranties in relation to the privacy practices of any third-party
website and we are not responsible for the privacy policies or the content of
any third-party website. Third party websites are responsible for informing you
about their own privacy practices.
If you have any
treatment of your privacy or a possible breach of your privacy, please contact
our Privacy Officer using the details set out below.
We will treat
your requests or complaints confidentially. Our representative will contact you
within a reasonable time after receipt of your complaint to discuss your
concerns and outline options regarding how they may be resolved. We will aim to
ensure that your complaint is resolved in timely and appropriate manner.
Post: Suite 105-106, 15 Corporate Drive, Heatherton VIC 3202
if you are unable to resolve my complaint or concern?
we are unable to resolve your complaint within this time, or you are unhappy
with the outcome, you may refer your complaint to the Australian Information
Commissioner. The Australian Information Commissioner can be contacted at the
Office of the Australian Information Commissioner
GPO Box 5218, Sydney NSW 1042
Phone: 1300 363 992
TTY:133 677 then ask for 1300 363 992
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