Privacy Policy - Jurds Real Estate

Introduction & Purpose of this Policy
Jurds Real Estate Pty Ltd (‘the Agency’) provides real estate services including sales (residential, rural/lifestyle, commercial) and leasing/management (residential and commercial).

We are bound by the Privacy Act and the Australian Privacy Principles (APP) which regulate the collection, use and disclosure of personal information. This Privacy Policy explains;

The scope of our Privacy Policy;
Why we collect personal information;
What personal information we collect;
How we collect and use your personal information;
How we disclose your personal information;
Your right to access your personal information;
Your right to correct your personal information;
How we protect the integrity of your personal information;
Your right to make a privacy complaint; and
How you can contact us regarding privacy concerns

We reserve the right to review and if necessary, change this Privacy Policy. We will post changes to this privacy Policy on our website. This Privacy Policy is on our website.

Scope
This Privacy Policy governs all personal information collected by and provided to us and must be adhered to by all persons who access, use, process, control, or otherwise deal with personal information on our behalf. This policy applies to independent contractors and job applicants, as well as individuals who provide us with personal information.

Interpretation
Personal pronouns: except where the context otherwise provides or requires:

The terms We, Us or Our refers to Jurds Real Estate; and
The terms You or Your refers to any person who provides us with personal information in any form or by any means.

What is personal information?
Personal information is any information that can be used to identify you. This includes any information or an opinion about you (including information or an opinion forming part of a database), whether true or not, and no matter how the information or opinions are recorded. The information may be collected from you directly or provided to us by another party.

Why do we collect personal information?
We collect personal information from you for the following purposes:

To allow us to lawfully carry out our real estate functions and activities;
To enable us to deliver the products and services that you requested;
To provide you with further information about the products and services you requested;
To personalise and customise your experiences with us;
To help us review, manage, and enhance our services.
To communicate more effectively with you;
For administration purposes, including charging, billing, and collecting debts.
To promote and market our products and services which we consider may be of interest to you;
When considering making offers to job applicants and prospective employees or for employment purposes;
To receive services from you or the organisation which employs you.

We may also collect, hold, use, and/or disclose personal information if you consent or if required or authorised under law.

What personal information do we collect?
We collect personal information that is reasonably necessary for one or more of its functions or activities.
The type of information that we collect, and hold may depend on your relationship with us. For example:

Candidate: if you are a candidate seeking employment with us, we may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications, payment details and real estate licencing documentation.

Customer: if you are a customer of the Company, the Company may collect and hold information including your name, address, email address, contact telephone number, gender, age, identification documentation including government issued identity cards/documents, council rate notices, water rate notices for the purposes of satisfying Department of Fair Trading fraud identification check procedures when selling/leasing property (Note: these sensitive documents only need to be sited and checked by our staff where meeting with the client in person) and supplied payment of monies direction. We are also obliged to comply with our AML/CTF obligations.

Property Management

if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to identify you and the property;
if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to comply with our AML/CTF Obligations;
if you are a prospective or current tenant and/or you inspect any rental property, then we will collect personal information from you when you attend the property inspection; and
if you are a prospective or current tenant and you want to rent a property, then we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply. If you are the successful tenant then we may also collect personal information from you during the continuation of any tenancy or lease agreement with the landlord.

Sales

if you are a prospective or current vendor and you want us to act as your sales agent, then we will collect personal information from you in order to identify you and the property;
if you are a prospective or current vendor and you want us to sell your property, then we will collect personal information from you in order to comply with our AML/CTF Obligations;
if you are a prospective or current purchaser and you inspect any property, then we will collect personal information from you when you attend the inspection;
if you are a current purchaser, then we will collect personal information from you in order to comply with our AML/CTF Obligations; and
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.

Supplier: if you are a supplier of the Company, the Company may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, information about goods and services supplied by you, insurance policies, workers compensation and payment details.
Sensitive information: we will only collect sensitive information where you consent to the collection of the information and the information is reasonably necessary for one or more of the Company’s functions or activities. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information, or genetic information.

If you feel that the personal information that we are requesting at any point is not information that you wish to provide, please feel free to raise this with us.

Employee records
This policy does not apply to the collection, holding, use or disclosure of personal information that is an employee record.

An employee record is a record of personal information relating to the employment of an employee. Examples of personal information relating to the employment of the employee include, but are not limited to, health information and information about the engagement, training, disciplining, resignation, termination, terms, and conditions of employment of the employee.

How do we collect and hold personal information?
We must collect personal information only by lawful and fair means. We will collect personal information directly from you if it is reasonable or practicable to do so.

We may collect personal information in several ways, including without limitation:

through application forms;
by email or other written mechanisms;
over a telephone/zoom/facetime call.
in person
through transactions.
business cards;
contracts;
through our website;
through surveillance cameras;
by technology that is used to support communications between us;
from third parties, including through publicaly available information sources (which may include telephone directories, the internet, and social media sites).

When we collect personal information about you through publicly available information sources, such information will be managed in accordance with the APPs.

Unsolicited personal information is personal information that we receive which we did not solicit. Unless we determine that we could have collected the personal information in line with the APPs or the information is contained within a Commonwealth record, we must destroy the information to ensure it is de-identified.

How do we use your personal information?
We will only use and disclose your personal information for purposes which are related to those identified in this policy or if we get your consent to do so and it is in accordance with this Privacy Policy and the Privacy Act.

We will not use your personal information for any purpose for which you would not reasonably expect us to use it for. Additionally, we will not disclose your sensitive information without your consent, unless there is a need to disclose such information in accordance with the Privacy Act or to comply with any other regulatory requirement.

Property Management

to identify and/or verify the identity of any prospective or actual landlord or tenant for any property we manage or propose to manage;
to process and assess any application received in relation to a tenancy or lease of any property;
to advertise, market and promote any tenancy or lease of any property;
to negotiate and prepare any tenancy agreement, lease, or any other document for any property;
to liaise and exchange information with the landlord or the tenant as well as their agents, contractors, legal, financial, and other advisors in relation to or in connection with any tenancy or lease of the property;
to manage any tenancy or lease agreement including the collection of rent and other amounts on behalf of the landlord and the preparation of required statements of account;
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 provide your insurer with information relating to or connected with any property;
to comply with any applicable law in connection with the tenancy agreement or lease;
to confirm whether the landlord or tenant is registered for GST purposes;
to tell you about any other rental property that we are managing or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Sales

to identify and/or verify the identity of any prospective or actual vendor for any property;
to advertise, market and promote the sale of any property;
to negotiate and manage the sale of any property (including to provide non-legal assistance with the exchange of the contracts for the sale of property as well as the preparation of any required statements of account);
to liaise and exchange information with the vendor, purchaser (including any prospective purchaser) as well with their respective agents, contractors, legal, financial, and other advisors in relation to or in connection with the sale of the property;
to ensure the safety and security of vendors and existing occupiers and of each of their property in connection with auctions and the inspection of any property by prospective purchasers;
to comply with any applicable law in connection with the sale of the property;
to confirm whether the vendor or purchaser is registered for GST purposes;
to tell you about any other property that we are selling or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Automated Decision Making

to be used in the operation of ADM (e.g. computer programs) to make various decisions that may impact our services, including but not limited to client’s rights under an arrangement and access to a significant service or support;

Generally

to provide statistical and other information to the Real Estate Institute of New South Wales;
to allow us to run our business efficiently and to perform administrative and operational tasks;
to comply with any dispute resolution or other legal process;
to act on behalf of clients in accordance with any agency agreement and to comply with our obligations under that agreement;
in order to update our records and your contact details;
to operate controlled money accounts;
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), then we may provide that party (including its legal, financial and other professional advisers) with personal information in relation to or in connection with those arrangements;
to comply with the law including our AML/CTF Obligations; and
any other purpose to which you have consented.

Is personal information used for direct marketing?
We may use or disclose personal information (other than sensitive information) about you for the purpose of direct marketing (for example, advising you of new goods and/or services being offered by us).

We may use or disclose sensitive information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

You can opt out of receiving direct marketing communications from the Company by contacting the Privacy Officer in writing at lucyj@jurds.com.au or, where available, accessing the Company’s website and unsubscribing appropriately.

Sharing personal information outside of Australia
We may disclose your personal information to overseas entities that provide support functions to us.

We have taken reasonable steps to ensure that those overseas entities do not breach the Australian Privacy Principles.

Those entities may be in countries where there is no law, or binding scheme, that has the effect of protecting your personal information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect personal information. There may be no mechanism that you can access to take action to enforce any protection of any law or binding scheme.

You may obtain more information about these entities by contacting us.

You consent to us disclosing your personal information to overseas entities by continuing to provide us with instructions after we first provide this Privacy Policy and Consent to you. You may withdraw your consent at any time by contacting us.

What happens if you do not provide your personal information?
You are not obliged to give us your personal information. If you would like to access any of our services on an anonymous basis or using a pseudonym, we will take reasonable steps to comply with your request. However, we will require you to identify yourself if:

We are required by law to deal with individuals who have identified themselves; or
It is impracticable for us to deal with you if you do not identify yourself or elect to use a pseudonym. This might include ensuring the safety of others for whom we have responsibility.

Please be aware that your request to be anonymous or to use a pseudonym may affect our ability to provide you with the requested services. For example, your ability to bid for a property at auction.

When do we disclose your personal information?
You acknowledge and agree that we may disclose your personal information for any of the purposes for which it is was collected, as indicated in this policy, or where it is under a legal duty to do so.
Disclosure will usually be internally and to related entities or to third parties such as contracted service suppliers.

Before we disclose personal information about you to a third party, we will take steps as are reasonable in the circumstances to ensure that the third party does not breach the APPs in relation to the information.

Access to your personal information
If we hold personal information about you, you may request access to that information by putting the request in writing and sending it to the Privacy Officer. We will respond to any request within a reasonable period, and a charge may apply for giving access to the personal information.
There are certain circumstances in which we may refuse to grant you access to the personal information. In such situations we will give you written notice that sets out:

the reasons for the refusal; and
the mechanisms available to you to make a complaint.

Correction of your personal information
If we hold personal information that is inaccurate, out-of-date, incomplete, irrelevant, or misleading, we must take steps as are reasonable to correct the information.
If we hold personal information and you make a request in writing addressed to the Privacy Officer to correct the information, we must take steps as are reasonable to correct the information and we will respond to any request within a reasonable period.
There are certain circumstances in which we may refuse to correct the personal information. In such situations we will give you written notice that sets out:

the reasons for the refusal; and
the mechanisms available to you to make a complaint.

If we correct personal information that it has previously supplied to a third party and you request us to notify the third party of the correction, we will take such steps as are reasonable to give that notification unless impracticable or unlawful to do so.

Integrity and security of your personal information
We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we:

collects are accurate, up-to-date, and complete; and
uses or discloses is, having regard to the purpose of the use or disclosure, accurate, up-to-date, and complete.

We will take steps as are reasonable in the circumstances to protect the personal information from misuse, interference, loss and from unauthorised access, modification, or disclosure.
If we hold personal information, it no longer needs the information for any purpose for which the information may be used or disclosed, the information is not contained in any Commonwealth record and we are not required by law to retain the information, it will take such steps as are reasonable in the circumstances to destroy the information or to ensure it is de-identified.

Complaints
You have a right to complain about our handling of your personal information if you believe we have breached the APPs.

If you wish to make such a complaint to us, you should first contact the Privacy Officer in writing. Your complaint will be dealt with in accordance with our complaints procedure and we will provide a response within a reasonable period.

If you are unhappy with our response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.

Privacy Officer contact details:
Our Privacy Officer can be contacted in the following ways:

a) Telephone number: 02 4991 4000
b) Email address: lucyj@jurds.com.au
c) Postal address: 10 Allandale Road, Cessnock NSW 2325