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Privacy Policy

Last updated: 22/02/2024

Your privacy is important to us. This Privacy Policy outlines how Up 2 Property (“we,” “our,” or “us”) collects, uses, and protects your personal information when you visit our website and use our services.

This Privacy Policy covers the collection of Personal Information through our website, open for inspection forms, online forms, email, and telephone calls. By using our services and website, you agree to the collection, maintenance, transfer, use, processing, retention, and disclosure of your personal information as described in this Privacy Policy.

By accessing or using our website and services, you consent to the practices described in this Privacy Policy. If you do not agree with these practices, please do not use our website or services.

WHAT IS PERSONAL INFORMATION?

In this Privacy Policy, “Personal Information” is defined as outlined in the Privacy Act 1988 (Cth) (the Act). Broadly, it refers to any information that can identify you personally. This may encompass details such as your name, address, phone number, email address, and profession or occupation. If the information we gather can personally identify you or make you reasonably identifiable, it will be regarded as Personal Information.

Who we are

Our website address is: Homepage – Buyer Agent Your Real Estate Guide (up2property.au)

INFORMATION WE COLLECT.

If you are a current or potential vendor or purchaser of real estate, or if you visit our website or contact us through other means, we may collect the following information about you:

  • Contact details (such as name, address, phone number, and email address)
  • Credit card and payment information
  • Financial details, including assets, liabilities, income, expenses, spending habits, and credit reference reports
  • Details regarding desired property ownership
  • Information about properties you have sold or acquired

HOW DO WE GATHER YOUR PERSONAL INFORMATION?

We typically obtain your Personal Information directly from you unless it is unreasonable or impractical. This information may be collected in several ways, such as when you correspond with us in writing or via email, when you visit and use our website, or during conversations with our representatives.

Additionally, we may obtain information about you from third-party sources, including:

  • Publicly available databases such as Telstra White Pages, Australia Post DPID database, Land Registry Services, or other property databases
  • Referrals and recommendations from our current clients

WHAT OCCURS IF WE ARE UNABLE TO GATHER YOUR PERSONAL INFORMATION?

If you do not furnish us with the aforementioned Personal Information, the following outcomes may arise:

  • We may be unable to offer our services to you, either to the same extent or entirely.
  • We may be unable to provide you with information regarding services you may desire, including details about newly available properties for purchase.
  • We may be unable to customize the content of our website according to your preferences, potentially resulting in a less enjoyable or useful experience on our website.

WHY WE COLLECT, RETAIN, UTILIZE, AND DISCLOSE YOUR PERSONAL INFORMATION.

We collect this information for various reasons, including:

  • Facilitating the provision of services and/or products you may require, such as assisting with your property purchase
  • Complying with local, state, and federal laws or regulations regarding real estate property sales and related administration
  • Enabling us and our third-party partner businesses to provide you with related or ancillary services as needed
  • Meeting our internal administrative, marketing, planning, product development, and research needs
  • Sharing your Personal Information within our organization, with our personnel, contractors, or service providers
  • Updating our records and maintaining your contact information
  • Addressing your queries or customer service needs promptly, whether by email, telephone, or mail
  • Keeping you informed about services we believe may be of interest to you
  • Conducting necessary business processing activities
  • Handling and responding to any complaints you may lodge

Your Personal Information will not be shared, sold, rented, or disclosed except as outlined in this Privacy Policy.

HOW WE UTILIZE THE PERSONAL INFORMATION WE HOLD ABOUT YOU.

Any Personal Information we gather and document about you will only be used or disclosed by us for the following purposes:

  • Complying with obligations under real estate regulations and laws applicable to all states in Australia
  • Assisting us in delivering and enhancing products and services efficiently and effectively
  • Using or disclosing the Personal Information for any other purpose that you would reasonably anticipate us to use or disclose it for, provided that the other purpose is related to the original purpose of collection
  • Providing you with access to secure areas of our website and assessing the performance of our website to enhance its operation
  • Expanding our business and conducting our business processing activities, including sharing Personal Information within our organization and with our personnel
  • Marketing our services
  • Engaging in administrative, planning, product or service development, quality control, and research activities
  • Fulfilling any legal, contractual, or statutory obligations

We may also utilize or disclose the information we collect for any other purpose specified to you at the time of collection. If we intend to utilize or disclose any of your Personal Information in ways other than those described above, we will not do so unless:

  • We have your explicit consent
  • We have reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health
  • We have reasonable grounds to believe that the use or disclosure is required by law or is necessary to enforce the law

DIRECT MARKETING.

We may send you direct marketing communications and information regarding our services that we believe may be of interest to you. These communications may include:

  • Offers to provide you with products or services from us and our third-party business partners
  • News and other information about our activities, as well as general promotional material that we think may interest you

These communications may be delivered via mail, SMS, fax, or email, in compliance with relevant marketing laws, such as the Spam Act 2003 (Cth). When we send these communications, we will offer you a clear opportunity to opt out of receiving further communications of this nature. If you specify a preferred communication method, we will strive to use that method whenever feasible.

You may request at any time not to receive direct marketing from us by contacting us using the details provided below or by using the opt-out mechanisms included in the marketing communications. Upon receiving such a request, we will promptly remove your name from our mailing list.

OUR WEBSITE.

Our privacy policy also extends to our website located at https://up2property.au/ When you visit our website, we may send a “cookie” (a small file containing a unique ID number) to your computer. This allows us to recognize your computer and welcome you each time you visit our site without requiring you to register again. It also helps us keep track of the services you view so that, with your consent, we can send you updates about those services. Cookies are also used to analyze traffic patterns, identify which areas of our website have been visited, and aggregate transaction patterns. This information helps us understand our users’ habits and improve our online services to provide a better experience for you. Our cookies do not collect Personal Information, but they do identify your browser. If you prefer not to receive cookies, you can configure your browser to reject them. We may also log IP addresses (the electronic addresses of computers connected to the internet) to analyze trends, administer the website, monitor the time spent on our website, paths navigated on our website, track users’ movements, and gather broad demographic information.

Because our website is connected to the Internet, which is inherently insecure, we cannot guarantee the security of information transmitted to us online. We also cannot ensure that the information you provide will not be intercepted during transmission over the Internet. Therefore, any Personal Information or other information you transmit to us online is at your own risk.

Our website may include links to other websites operated by third parties. We do not endorse or recommend any third-party website and make no representations or warranties regarding their privacy practices or content. Third-party websites are responsible for informing you about their own privacy practices. You may interact with social media platforms through social media widgets and tools linking to our social media accounts (e.g., Facebook and Instagram) installed on our website. These widgets and tools may collect your IP address and other personal information. Your interactions with these widgets, tools, and any single sign-on services are governed by the privacy policies of the relevant social media operators and single sign-on service providers—please review these policies to understand how they process your personal information.

CAN YOU REMAIN ANONYMOUS WHEN DEALING WITH US?

You can maintain some level of anonymity when interacting with us. You can browse our website without providing any Personal Information. Additionally, you can access our real estate advertisements in various publications and generally attend auctions without providing personal details if you do not intend to bid.

However, when you engage in transactions with us (or any other entity in our Group) or with our clients that we represent, which involve the sale or purchase of real estate property, we may need to identify you in order to provide our services.

WHAT HAPPENS IF YOU WISH TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION?

You can request access to your Personal Information held by us at any time by contacting us. We will respond to your access request within 14 days and aim to provide the requested information within 30 days.

We may charge a reasonable fee to cover administrative and other reasonable costs in providing the information. We will not charge for simply making the request or for correcting your Personal Information.

There may be situations where we cannot grant you access to your Personal Information. For instance:

  • If providing access could pose a serious threat to someone’s life or health or be an unreasonable invasion of another person’s privacy
  • If your request is deemed frivolous or vexatious
  • If providing access would be unlawful, prejudice an investigation of possible unlawful activity, prejudice law enforcement, or if access is specifically authorized by law.

If we deny you access to your Personal Information, we will provide written reasons for our decision.

We rely on you to ensure that all Personal Information we hold about you is accurate, up-to-date, complete, relevant, and not misleading. If you believe that the Personal Information we hold about you is incorrect, incomplete, inaccurate, or misleading, you can request to update, modify, or correct it by contacting us using the details provided below. We will assess whether the information requires amendment. If we disagree, we will add a note to the Personal Information stating your disagreement.

WHO WE DISCLOSE YOUR PERSONAL INFORMATION TO.

We may disclose your Personal Information to the following parties:

  • Other owners and/or representatives of properties
  • Our personnel for the operation of our business, fulfilling your requests, and providing services to you
  • Potential acquirers, joint venture partners, business partners, and similar third parties in case of a potential or actual merger, corporate restructure, or acquisition involving our members
  • When necessary to protect the safety or vital interests of any person
  • If contacted by someone claiming to be our customer, we will discuss their Personal Information with them for security purposes after verifying their identity
  • If you are a tenant of a property we manage, to Equifax’s National Tenancy Database or other tenancy databases
  • Governmental authorities, bodies, and regulators for law enforcement purposes or to avoid prejudice to the maintenance of the law by any public sector agency
  • Our accountants, lawyers, and other advisors when engaged to assist us with any matter
  • Courts or tribunals for the conduct of proceedings
  • Suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes
  • Financial institutions or any other third party for any authorized purpose with your express consent
  • Persons, entities, or bodies as required by law

There are instances when we and our other members are obligated to provide your Personal Information to third parties. For example, we may be legally obligated to provide your details to government-related bodies such as the QLD Land Registry Services or the QLD Fair Trading.

We do not sell your personal information to other organizations. However, we may use the information about you for internal statistical, marketing, and research purposes.

HOW WE ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.

We take reasonable steps to ensure that the personal information we collect, use, or disclose is stored in a secure environment, accessible only by authorized personnel, to prevent interference, misuse, loss, unauthorized access, modification, or disclosure.

We store and hold personal information in the following locations:

  • Our offices, computer systems, and third-party-owned and operated hosting facilities
  • Third-party-owned cloud-based email providers
  • Third-party-owned cloud-based customer relationship management and email marketing providers
  • Electronic devices at our offices and the premises of our personnel

We implement the following technical and organizational security measures:

  • Use reputable hosting providers for hosting Personal Information
  • Employ passwords, access control procedures, and antivirus software in our computer systems
  • Utilize physical security measures in our buildings and offices, such as door and window locks, visitor access management, cabinet locks, use of access cards, and alarms

We may be required to retain data in accordance with our data retention obligations. We retain personal information for a minimum period of 3 years in accordance with the Guidelines. If the Personal Information is no longer necessary for any purpose, we will take reasonable steps to destroy or permanently de-identify it.

While we strive to provide a secure environment and use reliable systems, 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 100% secure.

WHO TO CONTACT FOR MORE INFORMATION?

For any inquiries about the information we hold about you, please contact us at 0423665514 from 9:00 am to 5:00 pm (Brisbane time), Monday to Friday, excluding weekends and public holidays. Our email to us [email protected]

WHAT TO DO IF YOU HAVE A COMPLAINT OR CONCERN.

If you have a complaint or concern, you can reach us at 0423665514 or by emailing us at the email address provided above.

WHAT TO DO IF YOUR COMPLAINT OR CONCERN REMAINS UNRESOLVED.

If we are unable to resolve your complaint, or if you are dissatisfied with the outcome, you may escalate your complaint to the Australian Information Commissioner. The Australian Information Commissioner can be reached using the following contact details:

THE OFFICE OF THE AUSTRALIAN INFORMATION COMMISSIONER

GPO Box 5218

Sydney NSW 1042

Phone: 1300 363 992

Fax: (02) 9284 9666

E-mail: [email protected]

TTY: 133 677, then ask for 1300 363 992

CHANGES TO THIS PRIVACY POLICY.

We may update this Privacy Policy to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any changes will be posted on this page with a revised “Last updated” date.

This privacy policy was last updated on 22 February 2024.

CONTACT US.

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at [email protected]