Last updated: February 20014
1. Transform Holdings Pty Ltd Trading As The McMahon Real Estate Co. is committed to complying with its obligations under the Privacy Act, 1988 and the associated Australian Privacy Principles (“the APPs”).
Application of the APPs to this Real Estate Agency
2. This real estate agency is bound by the APPs either as a consequence of it being an organisation with an annual turnover of more than $3 million or due to the fact that it derives a benefit, service or advantage by the collection or disclosure of information and opinions about individuals whose identity is apparent or can be ascertained.
3. However, as with all organisations, the APPs do not apply to personal information of current or former employees contained in employee records when those records are used directly in connection with the employment relationship. Further, it should be noted that some exemptions are contained within the APPs with respect to matters such as the disclosure of information relating to public health or public safety, the disclosure of information with respect to law enforcement enquiries and the disclosure of particular information relating to legal proceedings and negotiations.
4. This real estate agency, through its Privacy Officer, is happy to provide further details as to the extent to which it is required to comply with the APPs should any person wish. Alternatively, further details of the obligations imposed upon private organisations under Australia’s privacy laws can be obtained directly from the office of the Privacy Commissioner or by reference to the APPs and the Privacy Commissioner’s associated guidelines.
5. The types of personal information held by this real estate agency includes the following:
· the obtaining of information from vendors used with respect to the marketing and sale of real estate properties and businesses;
· the collection and use of information from databases of comparable sales of properties and businesses in order to appraise the value of other properties and businesses and in order to assist in the marketing of those properties and businesses;
· information from purchasers and potential purchasers of properties and businesses;
· details of properties, owners and tenants used for the purpose of managing the leasing of both commercial and residential properties;
· data obtained from third parties for the use of marketing, selling and leasing real estate properties and businesses;
· Details of people lodging a complaint;
The main purposes for which this real estate agency holds information
6. This real estate agency holds the information referred to above for the primary purpose of enabling it to conduct the services that it provides to its customers, vendors, purchasers, owners and tenants and to enable it to market the provision of those services.
· this real estate agency collects information to enable it to provide services in connection with the sale or leasing of properties and businesses;
· information collected by this real estate agency is used to provide advice to customers and prospective customers with respect to real estate and business agency matters;
· information collected by this real estate agency issued to assist with the delivery of services via the internet;
· information obtained from third parties, including the Valuer General’s Office, the Land Titles Office (Landgate), local councils and other organisations is used for the purpose of assisting the agency in the valuing, selling and leasing of properties and businesses;
· information obtained by the real estate agency is used for the purpose of marketing the services of the agency;
7. This real estate agency does contract out services to third parties that involves disclosing personal information.
Contacting this real estate agency regarding privacy matters
8. If any individual wishes to make a complaint about this real estate agency’s activities with respect to privacy and the APPs or obtain more information about the way in which this agency manages personal information it holds, the individual should make immediate contact with this real estate agency’s designated Privacy Officer, Mr Brian McMahon. That Privacy Officer and the senior management of this real estate agency can be contacted at the following details:
Transform Holdings Pty Ltd Trading As The McMahon Real Estate Co
Unit 2, 373 Charles Street, North Perth WA 6006
PO Box 298, North Perth WA 6006
Phone: 08 9202 3600
Fax: 08 9444 5223
Accessing personal information held by this real estate agency
9. Pursuant to the APPs, persons are entitled to obtain access to personal information held by this real estate agency with respect to that individual. Subject to the relevant exemptions contained in the APPs and subject to an individual providing sufficient proof of his or her identity this real estate agency will provide access to information that it holds relating to an individual. This real estate agency will charge a fee in most instances for the provision of this information based on the administrative cost of supplying the information requested. Further details as to these costs can be obtained by contacting the real estate agency Privacy Officer.
10. This real estate agency requests, for the purposes of clarity, that any requests for access to personal information be made in writing addressed to the agency's Privacy Officer.
11. This real estate agency will generally provide access to information by providing to the individual concerned copies of relevant documents. Where, for reasons of volume or otherwise, providing copies of documents is not practical, this real estate agency will make arrangements for the individual concerned to attend at this real estate agency’s offices to carry out a physical inspection.
12. Wherever possible, this real estate agency will provide copies of documents or access to the information that it holds with respect to an individual within 14 days of the receipt of the relevant request. In the case of more complex requests this real estate agency will endeavour to provide access to the information within a period of 30 days.
13. Should this real estate agency believe that it is entitled to refuse a request to access information or to make corrections it will provide written reasons for its decision.
14. If individuals believe that information held relating to them is incorrect they are entitled to request that this real estate agency corrects that information.
If an individual is able to establish that their personal information is not accurate, complete and up-to-date, this real estate agency will take reasonable steps to correct the information.
If this real estate agency and the individual disagree about the accuracy, completeness and currency of the information, the organisation must attach a statement to the information noting this, if the individual requests this real estate agency to do so.
15. Should any person wish to obtain further information with respect to the type of personal information this real estate agency holds, the purposes for which his real estate agency uses that information and/or the way in which this real estate agency manages that information, that person should not hesitate to contact this real estate agency’s Privacy Officer at the contact details set out above.