Daleswan Pty Ltd ACN 105 650 075, its related bodies corporate, officers, employees, agents and contractors (Daleswan, ‘our’, ‘us’ or ‘we’) are committed to providing you with the highest possible protection for your Personal Information.
In this Policy “Personal Information” is any information or opinion that identifies you, or can be used to identify you, whether the information or opinion is true or not and whether the information or opinion is recorded in material form or not. For example, your name, address or contact details.
Information is not Personal Information where the information cannot be linked to an identifiable individual.
Personal Information is information which is regulated by the Australian Privacy Principals (APPs) in the Privacy Act 1988 (Cth) (Privacy Act) as amended from time to time. The APPs set out the way that Personal Information must be treated. We are committed to complying with the Privacy Act and the APPs in relation to all Personal Information we collect. For example, when entering into an agreement to purchase land it will be necessary for your Personal Information to be disclosed to us.
COLLECTION OF PERSONAL INFORMATION
Where we can, we will allow you to deal with us anonymously or by using a pseudonym. If you would like to use a pseudonym or remain anonymous when dealing with us, you should notify us and we will try to accommodate your request, subject to our ability to perform the services. However, in the course of your dealings with us it may be necessary for you to disclose your Personal Information to us or for us to collect it from you.
The type of Personal Information we collect and hold about you will depend on the circumstances and the nature of the relationship between Daleswan and the person that we are collecting the Personal Information from. Broadly, we collect Personal Information relating to prospective and actual customers, contractors, subcontractors and agents who perform services on our behalf, and prospective employees and prospective agents, contractors and subcontractors. Generally, the Personal Information that we collect and hold will include information which is relevant to providing our services to you, including responding to your enquiries about a property, or purchasing a property or information which is relevant to engaging you.
For example, the types of Personal Information that we may collect and hold includes:
individual and company data including, name, postal and email address, contact numbers;
proof of identification documents such as a driver’s licence or passport;
profile related data such as home ownership, income bracket, age group, marital status, lifestyle interests;
details about your personal requirements and preferences in relation to our products or services;
in relation to financial products issued by Daleswan, bank account details and tax file number details;
employment and experience related information such as details of previous employment arrangements and history of work;
information in relation to other people who come into contact with Daleswan;
any information that you may provide to us, either directly or through our website, or via our representatives; and
any additional information necessary to deliver products and services to you or engage you.
This is not an exhaustive list as Daleswan may be required to collect further information in fulfilment of its service to customers.
We do not actively seek to collect sensitive information about customers but in some cases, and in particular for prospective employees and current and prospective agents, contractors and subcontractors, we may collect sensitive information if it is relevant in providing our products and services or engaging or employing you, which may include any of the following:
racial or ethnic origin;
membership of professional or trade associations;
membership of trade unions;
genetic information; and
We will not collect sensitive information without the individual’s consent to which the information relates unless permitted under the Privacy Act.
Daleswan may collect Personal Information by way of electronic and hard copy enquiry forms and by way of questionnaires, exhibition attendance, inbound and outbound telemarketing campaigns and in person.
At or before the time Personal Information is collected (or as soon as practicable after), Daleswan will take reasonable steps to inform the individual about the purpose for which the information is collected, the rights to access the information and other matters contemplated by law unless it is obvious from the circumstances.
Should Daleswan seek to disclose information to another organisation, reasonable steps will be taken to ensure the individual is aware of the organisation or the type of organisation to receive the information.
Generally, Daleswan will collect Personal Information directly from the individual concerned unless it is not reasonable or practical or the individual consents to the information being collected from a third party. We may also collect Personal Information in other ways, such as:
from government bodies;
from paid search providers and public registers;
through referrals from individuals or other entities;
from your advisors;
from banks and financial institutions; and
from our agents, contractors and subcontractors.
If we do receive unsolicited Personal Information about you and it is not needed in respect of your purchase or enquiry, then we will destroy or de-identify that information (unless prohibited by law).
PURPOSES FOR COLLECTION, HOLDING, USE AND DISCLOSURE
Our primary purpose for collecting, using, holding and disclosing Personal Information varies, depending on the type of information and the individual from whom we are collecting the information, but is generally as follows:
in the case of current or prospective customers – to provide our products and services to you, which may involve the following secondary purposes:
to manage and perform any contract entered into between you and Daleswan;
to help us identify and develop products and services that may interest you;
to maintain and enhance our relationship with you;
to conduct market or customer satisfaction research;
to conduct promotions;
to invite you to events;
to send you newsletters;
to ensure compliance with legislative and regulatory requirements;
to provide your contact details to a builder when considering or purchasing a house and land package from us; or
to provide your contact details to your new neighbours for the construction of fencing only;
in the case of agents, contractors and subcontractors – to assist us in providing our services to our customers, which may involve the following secondary purposes:
to conduct checks to ensure that the agent, contractor, service provider can perform or is performing the services to our standards;
for payment purposes; and
in the case of prospective employees, prospective agents, prospective contractors and prospective subcontractors – to assess your suitability for employment or engagement.
Daleswan is committed not to hold, use or disclose Personal Information that it has collected, other than in the manner contemplated by the relevant law. In particular, Daleswan’s policy is not to hold, use or disclose Personal Information other than for the primary purpose for which it was collected or any reasonable secondary purposes that are within an individual’s reasonable expectations and that are related to the primary purpose of collection.
It is Daleswan’s policy to obtain its customers’ consent before it uses information for a purpose or in a manner different to the purpose for which it was originally collected.
Personal Information may be shared between Daleswan and other organisations or persons such as:
our suppliers, partners, contractors, subcontractors and agents including business support service providers (for example, software suppliers and data back up providers) we engage from time to time;
employers of individuals;
government bodies (such as the Australian Taxation Office and the Australian Securities and Investment Commission);
our external auditors;
insurance providers and brokers,
however, no Personal Information will be sold or disclosed to companies not engaged by us to assist us to perform our services.
Depending on the circumstances, Daleswan may be under a legal obligation to disclose Personal Information to third parties, such as a law enforcement agency. Daleswan will endeavour to disclose this information in accordance with the relevant law and will inform you of any such disclosure and the content of the information disclosed (unless prohibited to do so by law).
In relation to financial products issued by Daleswan, Daleswan may disclose information obtained in the application form attached to the prospectus or product disclosure statement of the financial product to the advisor, financial services licensee or dealer listed on the application form.
Otherwise, we will only disclose Personal Information to third parties if permitted by the Privacy Act.
By providing your Personal Information to us, you agree and consent to any disclosures by us of your information to an individual or organisation for any of our purposes listed above.
DALESWANS’S MARKETING ACTIVITIES
It is important for Daleswan to maintain contact with its customers and potential customers. That contact may involve the sending of advertising material through the post or by email to existing and potential customers. In these circumstances, it is Daleswan’s policy to comply with the stated purpose for which Personal Information was collected and consequently we will only ever contact you if you give your permission. Daleswan’s existing and potential customers will always have the opportunity to decline to receive further marketing material and can ask to be removed from our marketing lists at any time. If Daleswan receives such a request, Daleswan will update its records appropriately, within a reasonable time.
DISTRIBUTION OF PERSONAL INFORMATION
Organisations or individuals outside Daleswan are required to respect customers’ rights to privacy and also to use the information in accordance with Daleswan’s purposes and directions.
It is Daleswan’s policy not to sell Personal Information about existing or potential customers to any organisation.
SECURITY OF PERSONAL INFORMATION
Daleswan takes reasonable steps to protect and secure Personal Information that it collects from misuse, interferences, loss, unauthorised access, modification or disclosure. Our usual approach to holding Personal Information is to hold that Personal Information electronically on secure servers. We secure the Personal Information we hold in numerous ways, including by requiring unique passwords and security access IDs to restrict access to environments storing Personal Information.
Daleswan will take reasonable steps to destroy or permanently de-identify Personal Information if it is no longer needed for any purpose for which the information may be used or disclosed, unless prohibited by law.
A data breach occurs when Personal Information is lost or subjected to unauthorised access, use, modification or disclosure or other misuse or interference.
We have implemented a data breach response plan to assist us to effectively contain, evaluate and respond to data breaches in order to mitigate potential harm to any persons affected by a data breach.
In summary, our data breach response plan:
directs our staff as to the steps they should take in the event of an actual or suspected data breach;
appoints a team to handle data breaches;
specifies a strategy for assessing and responding to data breaches;
sets out the process for notifying any affected persons, the Privacy Commissioner and other relevant parties; and
outlines our review process to help prevent data breaches in the future.
We will generally notify you if we reasonably believe that your Personal Information has been subjected to a data breach if:
there is a risk of serious harm to you;
notification could enable you to avoid or mitigate serious harm;
the compromised Personal Information is sensitive or likely to cause humiliation or embarrassment to you; or
we are required to notify you by law.
We will also notify the Privacy Commissioner if we reasonably believe that your Personal Information has been subjected to a data breach that is likely to result in serious harm to you. Where appropriate, we may also notify other third parties of a data breach.
ACCESS TO AND CHANGING PERSONAL INFORMATION
Daleswan will, if requested to do so, give individuals copies of the Personal Information that Daleswan holds about them, unless prevented by law from giving this information to you. Before such information is released, Daleswan will require reasonable proof of identity from the enquiring person. Any requests for copies of Personal Information should be directed to Daleswan’s Privacy Officer. We will grant a person access to their Personal Information as soon as possible, subject to the circumstances of the request.
A request to access Personal Information may be rejected if:
the request is unreasonable;
providing access would have an unreasonable impact on the privacy of another person;
providing access would pose a serious and imminent threat to the life or health of any person; or
there are other legal grounds to deny the request.
Daleswan may charge you a reasonable fee for access to your Personal Information, but we will advise you of the fee before we process your request.
If access to information is to be denied (e.g. if required by law), Daleswan will provide reasons for the denial.
If any individual wishes to update or correct Personal Information held by Daleswan about them, Daleswan will do so on receipt of a written request addressed to Daleswan’s Privacy Officer. This is in keeping with Daleswan’s policy to maintain accurate records.
We do our best to make sure that the Personal Information we hold about you is accurate, up to date and complete. If you believe we need to update your Personal Information just let us know. We will promptly update it and confirm to you when we have done so.
OVERSEAS USE OF INFORMATION
We do not generally disclose your personal information to overseas recipients.
When Daleswan’s website is visited, the website may send “cookies” to the visitors’ computer. Cookies are used in transactions over the internet for various reasons including the maintenance of security. Cookies can also be used to monitor the areas of a website that are visited. Visitors to Daleswan’s website who do not wish to receive cookies should select the appropriate settings in their web browser.
PRIVACY COMPLAINTS OR QUESTIONS
If you have a privacy complaint or question, would like to know what Personal Information we hold about you, or would like to update your Personal Information please contact our Privacy Officer:
T: (08) 92173600
A: Daleswan Pty Ltd ACN 105 650 075
C/- Okeland Management Pty Ltd
PO Box 1629
SUBIACO WA 6904
Our Privacy Officer will endeavour to respond to your privacy questions, or resolve any privacy concerns you have in a timely manner. Our Privacy Officer will respond in writing to you regarding the outcome of any investigation.
If your privacy concerns are not resolved to your satisfaction after we have been given a reasonable time to respond or you wish to obtain more information on privacy legislation, you can contact the Office of the Australian Information Commissioner.
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