Privacy Policy

PRIVACY POLICY

Henderfield Consulting Pty Ltd (ABN 83 086 905 044) trading as Henderfield Southern Highlands is committed to protecting your right to privacy. We do not sell, rent, or trade the information that we collect on this website. We maintain the necessary internal control systems to ensure that the information is secure.

We respect your rights under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with this Act, we are compliant with its requirements in regard to the collection, management, and disclosure of your personal information. 

What is your personal information and what may we collect from you?

Information that we may collect from you can include your: 

  • Name
  • Email address
  • Residential and/or mailing address
  • Telephone number
  • Driver licence, or other identification documents in order to conduct a 100 point identity check
  • Information to confirm your ownership of a property that you want us to sell on your behalf (a rates notice or title deed for example)
  • Other information that we may need to transact business with you or on your behalf

If you are a tenant of a property that we manage, or a potential/prospective tenant we may also collect: 

  • Employment details such as your employer, position, salary, and duration
  • Information in relation to any other sources of income
  • Personal and/or financial referees who we may contact regarding your rental application

We collect this information so we can perform our normal business activities and functions, and so that we can provide the best possible service. We collect, hold, and use your personal information so that we can: 

  • Provide our services to you
  • Send communications to you
  • Answer enquiries and provide information or advice
  • Comply with any law, rule, regulation, lawful and binding determination, decision, or direction of a regulator, or in cooperation with any governmental authority

How do we collect personal information and why do we collect, hold, use or disclose it?

We collect information from various sources including: 

  • Referrals and recommendations from our existing clients
  • Credit reporting bodies, law enforcement agencies and other government entities,
  • Databases in the public domain (including Telstra White Pages, Australia Post DPID database, Titles Office, and other property databases
  • When you email us requesting information
  • When you use or access our website
  • When we talk to you about your property needs
  • When you submit an enquiry regarding a property we may be selling or managing via a third-party website (like domain.com.au or realestate.com.au for example)

In order to provide our services to you, we may need to collect some or all of the personal information described above.  If we do not have the necessary information we may not be able to provide services to you that you may want to access or use, such as enquiring about properties for sale, or properties for residential leasing. Information you provide may also be used to tailor the content of our website and how you use or experience it.

We also collect information for the purposes of: 

  • Complying with local, State, and Federal legislation or regulations, including with respect to real estate property sales, rental, and administration
  • Providing our services and/or products to you
  • Assisting you with related or ancillary services that may be provided by third party businesses or contractors we may partner or work with
  • Keeping our records up to date
  • Keeping you up to date with information that we believe you may require, or be of interest to you
  • Internal administration requirements, research, marketing, and planning
  • So that we can undertake any required business processing functions, such as receiving or disbursing payments from or to you
  • Responding to any queries or issues that you might have
  • Responding to any complaint that may be made by you
  • Complying with obligations we have under real estate laws and regulations applicable for all states in Australia
  • Complying with any other relevant laws or regulations, or statutory authorities

We will not knowingly use or disclose your personal information for reasons other than those described above unless we have your express consent to do so; or if the use or disclosure is required by law or to enforce the law; or if the use or disclosure is necessary to prevent a threat to life or health.

Can you be anonymous when dealing with us?

You can remain anonymous when browsing our website (see Site/s User Tracking Experience below), accessing advertising in various other sites or publications, and attending auctions if you do not intend to bid. 

When you wish to transact business with us however that may involve the sale, purchase, or rental of real estate property, the information required to identify you under the various Acts, statutory legislation, and regulations will need to be provided so we can identify you.

Direct Marketing

We may send information to you that we think may be useful such as direct marketing communications and/or information about our services. These may be sent to you as emails, SMS, or by post. Anything we send to you will be in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). Wherever possible, we will communicate with you via your preferred communication method. If you do not wish to receive information of this nature you will be able to opt-out of receiving future information from us. If you choose to opt-out we will make sure your name and details are removed from our mailing list.

Site/s User Tracking Experience

Tracking software may be used to review and improve your experience when using our website or other channels including Facebook, Instagram, Google or other online reviews, and Google Analytics advertising products. Google Analytics collects data about our site’s traffic via Google Advertising Cookies and anonymous identifiers. Data collected via these products is not linked to any personally identifiable information you may submit while on our sites. If you want to opt-out of the Google Analytics data collection you can do that via Google’s site at https://tools.google.com/dlpage/gaoptout/

When you visit our website we may send a ‘cookie (which is a small summary file containing a unique ID number to your computer. This lets us recognize your computer and keep track of services or items that you might view so that we can send you information about those services. Cookies are also used to measure traffic patterns, to determine which areas of our website have been visited, and to measure transaction patterns in the aggregate. We do this so we can improve our online services. Our cookies do not collect personal information. Accessing our website with your browser, means that you accept cookies and that you agree to their use. If you do not wish to receive cookies you can set your browser so that your computer does not accept them. We may log IP addresses (that is the electronic addresses of computers connected to the Internet) to analyze trends, administer the website, track users’ movements, and gather broad demographic information. If you do not use the cookies on the website please note that blocking the cookies may case the site to function only sub-optimally.

Links

We may provide links to websites outside of our websites, as well as to third-party websites (such as social media sites like Facebook and Instagram for example). These linked sites are not under our control, and we cannot accept responsibility for the conduct of companies linked to our websites. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that website and its privacy policy. Third-party websites are responsible for informing you about their own privacy practices.

Security & Transfer of data outside Australia

As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information that you transmit to us online is transmitted at your own risk.

Data we collect may be stored and processed in various locations throughout the globe, including through cloud services. Laws in countries other than Australia may provide a lesser degree of data protection than Australian law. You agree to the transfer of your information to such other countries for the uses described in this Privacy Policy, including through cloud services.

GDPR Notice

The following disclosure is made pursuant to the European Union General Data Protection Regulation (GDPR): 

  • we are committed to protecting and respecting your privacy, as a data controller of our client’s personal data, in compliance with the GDPR. This Privacy Policy explains when, how and why we collect personal information and the conditions under which we may disclose it to others and how we keep it secure. This Privacy Policy applies to the use of our website, services, sales, marketing, and customer contract fulfilment activities. You have the right to withdraw your consent at any time, and to submit a complaint to the relevant supervisory data protection authority.
To whom will we disclose personal information?

We may disclose your personal information to: 

  • Our employees, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants. 
  • Suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes.
  • Any other organisation for any authorised purpose with your express consent.
  • The National Tenancy Database if you are a tenant of a property that we manage.
  • Where we are bound by law to provide your details to government related bodies, including the Titles Office, the Residential Tenancies Bond Authority, the NSW Civil and Administrative Tribunal (NCAT), or any other government related body.

We only disclose this information if the third party has agreed to comply with the standards in our Privacy Policy.

If there is a change of control of our business, or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at Law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith and where we have sought to maintain confidentiality.

Security and data quality

We take all reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification, or disclosure.

We strive to ensure the security, integrity, and privacy of personal information that you submit to us through our website. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. We endeavor to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed, or when we are no longer required by law to retain it (whichever is later).

How long do we retain personal data for?

We will only keep your personal data for as long as necessary to fulfill the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law, we are required to keep basic information about our customers (including Contact, Identity, Financial and Transaction data) for seven years for Australian tax law purposes.

In some circumstances, you can ask us to delete your data, see your legal rights below for further information.

In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that the personal information we hold about you is incorrect, incomplete, or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

How can you withdraw your consent to this privacy policy?

You may withdraw your consent to this privacy policy at any point. If you wish to withdraw your consent to our collection and retention of your data, please contact us at enquiries@henderfield.com.au and we can arrange for your data to be deleted unless we are required by law to retain any of that data.

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at enquiries@henderfield.com.au.

To unsubscribe from our email database, or opt-out of any communications, please contact us at the email address listed above, with ‘Unsubscribe’ in the subject line of the e-mail.

What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act). We will endeavor to resolve any complaints received within 30 days.

If we cannot resolve your complaint within the timeframe outlined above, or if you are not happy with the outcome, you may refer your complaint to the Australian Information Commissioner. The Australian Information Commissioner can be contacted at: 

               The Office of the Australian Information Commissioner

               GPO Box 5218, Sydney NSW 1042

               Telephone | 1300 363 992

               Fax | (02) 9284-9666

               Email | enquiries@oaic.gov.au

               TTY | 133 677 then ask for 1300 363 992

Contacting us

If you have any questions about this privacy policy, any concerns, or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us using the details set out below. We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.

Please contact us via: 

  • Email at enquiries@henderfield.com.au; or
  • By telephoning our office on (02) 4868-2007 during normal business hours; or
  • By writing to us at 378 Argyle Street, Moss Vale NSW 2575.

Changes to our privacy policy

We may change this privacy policy from time to time, and any updated versions of this privacy policy will be posted on our website and will be effective from the date of posting.

This privacy policy was last updated on 11 October 2021.

Henderfield Southern Highlands intends to observe this policy at all times, however, it is not legally binding on Henderfield Southern Highlands in any way unless as otherwise described as required under the relevant legislation. From time to time Henderfield Southern Highlands may regard it as necessary or desirable to act outside the policy. Henderfield Southern Highlands may do so, subject only to any other applicable contractual rights you have, and any statutory rights you have under the Act or other applicable legislation.