1.1 Byron Bay Luxury Homes provides real estate services including managing holiday properties.
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.
4.1 We collect personal information from you for the following purposes:
4.2 We may also collect, hold, use and/or disclose personal information if you consent or if required or authorised under law.
5.1 We collect personal information that is reasonably necessary for one or more of its functions or activities.
5.2 The type of information that we collect and hold may depend on your relationship with us. For example:
5.3 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.
5.4 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.
5.5 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.
5.6 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.
5.7 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.
6.1 This policy does not apply to the collection, holding, use or disclosure of personal information that is an employee record.
6.2 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.
7.1 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.
7.2 We may collect personal information in a number of ways, including without limitation:
7.3 When we collect personal information about you through publicly available information sources, such information will be managed in accordance with the APPs.
7.4 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.
8.2 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.
9.1 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).
9.2 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.
9.3 You can opt out of receiving direct marketing communications from the Company by contacting the Privacy Officer in writing at 12 Lawson Street, Byron Bay, NSW, 2481,or, where available, accessing the Company’s website and unsubscribing appropriately.
10.1 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:
10.2 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.
11.1 You acknowledge and agree that we may disclose your personal information for any of the purposes for which it is was collected, as indicated under paragraph 4 of this policy, or where it is under a legal duty to do so.
11.2 Disclosure will usually be internally and to related entities or to third parties such as contracted service suppliers.
11.3 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.
12.1 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.
12.2 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:
13.1 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.
13.2 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.
13.2 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:
13.4 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.
14.1 We will take such steps (if any) as are reasonable in the circumstances to ensure that the personal information that we:
14.2 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.
14.3 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.
15.1 You have a right to complain about our handling of your personal information if you believe we have breached the APPs.
15.2 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.
15.3 If you are unhappy with our response to your complaint, you may refer your complaint to the Office of the Australian Information Commissioner.
Our Privacy Officer can be contacted in the following ways:
Personal pronouns: except where the context otherwise provides or requires: