excelRENT Pty Ltd trading as excelRENT Pty Ltd is committed to respecting your right to privacy and protecting your personal information.
We are bound by the Privacy Act 1988 (Cth) (Act).
We will ensure that all officers, employees and subcontractors are aware of and understand excelRENT Pty Ltd's obligations as well as their own obligations under the Act. We will achieve this through the provision of training and through maintaining and implementing internal policies and procedures to prevent personal information from being collected, used, disclosed, retained, accessed or disposed of improperly.
This Policy applies to all your dealings with us, whether in person, or via telephone, email, correspondence or our website.
The purpose of this Policy is to:
- Give you a better and more complete understanding of the kinds of personal information we collect and hold;
- Clearly and concisely communicate how and when we collect, disclose, use, store and otherwise handle personal information;
- Inform you about the purposes for which we collect, hold, use and disclose personal information;
- Provide you with information about how you may access your personal information, and seek correction of your personal information;
- Provide you with information about how you may make a complaint, and how we will deal with any such complaint;
- Advise you of the circumstances in which we are likely to disclose personal information to overseas recipients; and
- Enhance the transparency of our operations.
For the purpose of this Policy, the following terms will have the following meanings, as attributed to them by section 6 of the Act:
Health information means:
(a) Information or an opinion about:
(i) The health or disability (at any time) of an individual; or
(ii) An individual's expressed wishes about the future provision of health services to him or her; or
(iii) A health service provided, or to be provided, to an individual;
that is also personal information; or
(b) Other personal information collected to provide, or in providing, a health service; or
(c) Other personal information about an individual collected in connection with the donation, or intended donation, by the individual of his or her body parts, organs or body substances; or
(d) Genetic information about an individual in a form that is, or could be, predictive of the health of the individual or a genetic relative of the individual.
Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
Sensitive information means:
(a) Information or an opinion about an individual's:
(i) Racial or ethnic origin; or
(ii) Political opinions; or
(iii) Membership of a political association; or
(iv) Religious beliefs or affiliations; or
(v) Philosophical beliefs; or
(vi) Membership of a professional or trade association; or
(vii) Membership of a trade union; or
(viii) Sexual orientation or practices; or
(ix) Criminal record that is also personal information; or
(b) Health information about an individual; or
(c) Genetic information about an individual that is not otherwise health information; or
(d) Biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or
(e) Biometric templates.
Collection of Personal Information
Whenever you deal with excelRENT Pty Ltd whether as a current or prospective seller, buyer, lessor or lessee, we will collect personal information in order to provide services to you. We do not collect personal information unless it is reasonably necessary for, or directly related to, one or more of the services we provide or functions we carry out.
The types of personal information we generally collect include but is not limited to:
- Date of birth.
- Residential address.
- Postal address.
- Email address.
- Home telephone number.
- Work telephone number.
- Mobile telephone number.
- Your occupation and business address.
- Financial information including details of your employer, income, name of bank or financial institution.
- Details of your spouse, de facto, dependent children, and roommates.
- Details of properties owned by you.
We will not ordinarily ask you to provide sensitive information. However, there may be circumstances where the information provided by you reveals sensitive information. For example:
- You may require a property with particular features, such as wheelchair ramps. This may reveal health information.
- In providing details of your spouse or de facto partner, this may reveal sensitive information regarding your sexual orientation.
We will only collect sensitive information in circumstances where:
- It is reasonably necessary for one or more of the services we provide or functions we carry out; and
- You consent to the collection of the information; or
- We are required or authorised by law to collect the sensitive information.
We will, if it is reasonable or practicable to do so, collect your personal information directly from you. This may happen when you fill out a form or when you give us personal information in person, or via telephone, email, correspondence or our website.
Sometimes we will collect personal information from a third party or a publicly available source. For example, we may need to collect personal information from a credit reporting agency, your legal adviser, your past or current employers, your previous lessors or property managers, and tenancy information services or databases.
If we receive personal information that we did not solicit, we will
determine as soon as reasonably practicable whether we could have lawfully collected that information as part of our functions or activities. If we are not satisfied that we could have lawfully collected the information, then we will (if it is lawful and reasonable) destroy the information or ensure that it is de-identified.
You may choose to deal with us anonymously or under a pseudonym where lawful and practical. Where anonymity or use of a pseudonym will render us unable to provide the relevant service or do business, we may request that you identify yourself.
For example, whenever documents are to be submitted to government agencies or financial institutions, it is essential that we record your name accurately.
Use and Disclosure of Personal Information
Personal information collected by excelRENT Pty Ltd will ordinarily be used for the following purposes:
. Assisting you to sell your property.
. Assisting you to purchase a property.
. Assisting you to lease a property (either as lessor or lessee).
. Assisting you to obtain a loan.
. Assisting you with payment or refund of a bond.
. Assisting you with tenancy disputes.
. Coordinating repairs or maintenance to a property owned or leased by you.
. Recording or accessing information at the Titles Registry Office or other
. Recording or accessing information at the Residential Tenancies Authority.
. Recording or accessing information on tenancy information services or
. Client and business relationship management.
. Marketing of products and services to you.
In order to achieve the purposes described above, we may disclose your
personal information to the persons/organisations described below:
. In the event that you are a seller or a lessee, we may disclose your
personal information to prospective buyers of the property owned or leased
. In the event that you are a buyer or a lessee, we may disclose your
personal information to the sellers of the property you are purchasing or
. Your legal advisor(s) and the legal advisor(s) representing the other
party(s) involved in your transaction.
. Your financial institution and/or financial advisor.
. Insurance providers and brokers;
. Utility providers and utility connection service providers;
. Persons or organisations involved in providing, managing or administering
your product or service, including independent contractors engaged by us as
real estate agents;
. Tradespeople engaged by us to repair or maintain a property owned or
leased by you;
. Organisations involved in maintaining, reviewing and developing our
business systems, procedures and infrastructure including maintaining or
upgrading our computer systems.
. Persons or organisations involved in purchasing part or all of our
. Organisations involved in the payments systems including financial
institutions, merchants and payment organisations.
. The Titles Registry Office or other government agency.
. The Residential Tenancies Authority.
. Tenancy information services or databases.
. Real estate peak bodies.
. Real estate websites.
We will only use and disclose personal information for the primary purpose
for which it was initially collected, or for purposes which are directly
related to one of our functions or activities.
We will not disclose your personal information to government agencies,
private sector organisations or any third parties unless one of the
. You have consented.
. You would reasonably expect, or you have been told, that information of
that kind is usually passed to those individuals, bodies or agencies.
. It is otherwise required or authorised by law.
. It is reasonably necessary for enforcement related activities conducted
by, or on behalf of, an enforcement body (e.g. police, ASIC, Immigration
Personal information provided to excelRENT Pty Ltd may be shared with its
related companies. You agree that your details can be shared with affiliated
companies and representatives of excelRENT Pty Ltd. We will take all
reasonable and practical measures to keep such information strictly
In the course of providing services to you, it may be necessary for us to
enter your personal information into forms generation software and real
websites, a third party may acquire rights to use or disclose information
entered into the relevant forms or websites.
The collection and use of personal information by third parties may be
subject to separate privacy policies or the laws of other jurisdictions.
excelRENT Pty Ltd may transfer your personal information to overseas
countries in order to perform one or more of our functions or activities. In
these circumstances, we will take reasonable steps to ensure that the
overseas recipient does not breach the Australian Privacy Principles in
relation to the information.
Like many other businesses in Australia, excelRENT Pty Ltd may rely on third
party suppliers or contractors to provide specialised services such as web
hosting, cloud computing technology and data storage services. If personal
information is provided to these suppliers and contractors in order to
enable them to perform the agreed tasks, we will make every effort to ensure
that the supplier or contractor handles the personal information in
accordance with the Act and the Australian Privacy Principles. We will also
require all suppliers and contractors to provide privacy undertakings and
enter into confidentiality agreements.
There may be limited circumstances in which it is necessary for us to
collect a government related identifier such as your tax file number or
Centrelink reference number. We will not use or disclose your government
related identifiers unless we are required or authorized to do so by law or
by a court or tribunal order, or in order to fulfil our obligations to a
State or Territory authority.
Marketing our products and services
excelRENT Pty Ltd may use or disclose your personal information to let you
know about products and services in which you may be interested. You can
contact us at any time if you no longer wish us to market our products and
services to you (see the <http://www.agent4573.com.au/contact-agent-4573/>
Contacting Us section for more information).
Accuracy of Personal Information
excelRENT Pty Ltd will take reasonable steps to ensure that all personal
information it collects, uses or discloses is accurate, complete and
If you believe your personal information is not accurate, complete or
up-to-date, please contact us (see the Contacting Us section for more
Your personal information may be stored in hard copy documents or
electronically. excelRENT Pty Ltd is committed to keeping your personal
information secure and safe. Some of the ways we do this are:
. Requiring employees and contractors to enter into confidentiality
. Secure hard copy document storage (i.e. storing hard copy documents in
locked filing cabinets).
. Security measures for access to our computer systems.
. Providing a discreet environment for confidential discussions.
. Access control for our buildings.
. Security measures for our websites (see the Your Privacy on the Internet
section below for more information).
We will review and update our security measures from time to time.
In addition, we will review the personal information and sensitive
information held by us from time to time, ensuring that information which is
no longer needed for a purpose for which it was initially collected is
destroyed or de-identified.
Your Privacy on the Internet
excelRENT Pty Ltd takes care to ensure that the information you provide to
us via our website is protected. For example, our website has electronic
security systems in place, including the use of firewalls and data
You may be able to access external websites by clicking on links we have
provided. Those other websites are not subject to our privacy standards,
policies and procedures. You will need to contact or review those websites
directly to ascertain their privacy standards, policies and procedures.
Access to Personal Information
You may request access to personal information that excelRENT Pty Ltd holds
about you (see the <http://www.agent4573.com.au/contact-agent-4573/>
Contacting Us section for more information).
We will acknowledge your request within three (3) business days of the
request being made. Access will usually be granted within five (5) business
days of our acknowledgment or, if the request involves complex
considerations or voluminous photocopying or scanning, within seven
(7)business days. We will let you know which timeframe applies to your
request and if any delays are anticipated.
You will need to verify your identity before access to your personal
information is granted.
While we cannot and do not charge an "application fee" for you applying to
access your personal information, we may charge a fee for actually giving
you access to your personal information in your preferred format (where
reasonable and possible), which will cover our costs involved in locating
and collating information as well as reproduction costs.
Once your request has been processed by excelRENT Pty Ltd, you may be
forwarded the information by mail or email or you may personally inspect it
at the location where the information is held or another appropriate place.
Whenever possible, we will endeavor to make the information available to you
in the manner requested by you unless it is unreasonable for us to do so
(e.g. if you have asked for the information to be emailed to you, we will
endeavor to email the information to you. If the file size would be too
large, we may send you the information by hard copy instead of email).
If you are aware that we hold personal information about you that is no
longer accurate, complete or up-to-date, please contact us (see the
Contacting Us section for more information).
If you request access to your personal information, or if you request that
we correct your personal information, we will allow access or make the
correction unless we consider that there is a sound reason to withhold the
information, or not make the correction.
Under the Act, we may refuse to grant access to personal information if:
. We believe that granting access would pose a serious threat to the life,
health or safety of any individual, or to public health or public safety.
. Granting access would have an unreasonable impact upon the privacy of
. Denial of access is required or authorised by law or by a Court or
. Giving access would be unlawful.
. The request for access is frivolous or vexatious.
. Legal proceedings are underway or anticipated and the information would
not be accessible by way of the discovery process in those proceedings.
. Giving access would reveal our intentions in relation to negotiations
between us and you in such a way as to prejudice those negotiations.
. Giving access is likely to prejudice enforcement related activities
conducted by, or on behalf of, an enforcement body.
. Giving access is likely to prejudice action being taken or to be taken
with respect to suspected unlawful activity or serious misconduct relating
to our functions or activities.
. Giving access would reveal information in connection with a commercially
sensitive decision-making process.
If we do not agree to make a correction to your personal information, you
may provide a statement about the requested corrections, and we will ensure
that the statement is apparent to any users of the relevant personal
If we do not agree to provide access to your personal information or to
correct your personal information, we will provide written reasons for the
refusal and the mechanisms available to complain about the refusal (see the
Complaints section for more information).
You may contact us by mail, email or telephone as follows:
PO Box 850 Coolum Beach QLD 4573
0412 717 691
If you consider that there has been a breach of the Australian Privacy
Principles, you are entitled to complain to excelRENT Pty Ltd (see the
Contacting Us section for more information).
We will acknowledge receipt of a complaint within 2 business days.
We will investigate the complaint and attempt to resolve it within 20
business days after the complaint was received. Where it is anticipated that
this timeframe is not achievable, we will contact you to provide an estimate
of how long it will take to investigate and respond to the complaint.
If you consider that we have not adequately dealt with a complaint, you may
complain to the Office of the Australian Information Commissioner on the
Officer of the Australian Information Commissioner (OAIC)
GPO Box 5218
SYDNEY NSW 2001
1300 363 992
This policy is to be reviewed as follows:
. Annually as a minimum.
. Following an information security incident.
. Following significant changes to our systems.
. Following changes to the relevant State and Commonwealth legislation
Reviews are to examine the appropriateness of the policy taking into
consideration corporate, system and compliance requirement changes since the
last review was undertaken.