This statement sets out the policy of Bensons Property Group Pty Ltd and its associated entities (Bensons) for the collection, storage, maintenance, access and use of personal information, as contemplated in the Privacy Act 1988 (Commonwealth). The policy applies to all divisions and organisations in Bensons.
More information about privacy and the operation of the Privacy Act 1988 can be found on the website of the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au
1 COMPLIANCE WITH THE PRIVACY ACT
Bensons is committed to complying with the Privacy Act 1988 and the 13 Australian Privacy Principles introduced by the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which apply from 12 March 2014. The Australian Privacy Principles are a regulative guide on the management of personal information in the private and public sectors. The Principles have been formulated to protect information confidentiality and the privacy of individuals.
• “Customers” means our clients, customers, prospective customers, leads, investors, contractors and suppliers.
• “Personal information” means any information or opinion from which a customer’s identity is apparent or can reasonably be ascertained.
2 COLLECTION OF PERSONAL INFORMATION
To enable Bensons to deliver the best possible service to customers it is necessary for Bensons to collect personal information. The type of personal information that is collected will be determined by the nature of the relationship between Bensons and its potential or actual customers. At the time personal information is collected, Bensons will take reasonable steps to inform its customers about the purpose for which the information is collected, customer rights to access the information and other matters contemplated in the Australian Privacy Principles.
Should Bensons seek to disclose information to another organisation, then reasonable steps will be taken to ensure the customer is aware of the organisation or the type of organisation to receive the information.
Generally, Bensons will only collect personal information from its customers unless it is not reasonable or practical or the customer consents to the information being collected from a third party.
Bensons will not actively seek to collect sensitive information (e.g. customer health information, ethnic origin, religious preference). If Bensons does need to seek sensitive information, it will do in accordance with the Australian Privacy Principles.
3 WHAT TYPE OF PERSONAL INFORMATION DOES BENSONS COLLECT?
Generally, Bensons will collect the following information:
• Individual and Company data including, entity name, postal and email address, contact numbers;
• Profile of existing and potential purchasers of property and investors;
• Parties making enquiries via Bensons’ various websites;
• In relation to financial products issued by Bensons, bank account details and tax file number details;
• Transaction information; and
• Information in relation to other people who come into contact with Bensons.
• This is not an exhaustive list as Bensons may be required to collect further information in fulfilment of its service to customers.
• Bensons may collect personal information by way of electronic and hard copy enquiry forms and questionnaires, exhibition attendance, inbound and outbound telemarketing campaigns.
4 USE AND DISCLOSURE OF INDIVIDUALS’ INFORMATION
Bensons collects, holds, uses and discloses personal information about individuals for any or more of the following purposes:
• to facilitate the running of and participation in loyalty programs, memberships and subscription services;
• to notify individuals about Bensons’ activities and campaigns, including direct marketing of Bensons products or services;
• to notify individuals about new developments Bensons believes may be of interest to those individuals;
• to notify individuals about promotions, competitions or special offers about products or services offered by Bensons, as well as products or services offered by carefully selected third parties;
• to facilitate the running of promotions, competitions or special offers about products or services offered by Bensons, as well as products or services offered by carefully selected third parties;
• collecting payment from individuals;
• for the sale or transfer of all or part of the business of the company;
• to comply with Australian law or a court or tribunal order;
• for third parties engaged for any of the above purposes
Where practicable, the purpose for which Bensons collects personal information will be made clear at the time of collection.
If Bensons uses or discloses personal information about an individual for:
• direct marketing then an individual may request not to receive direct marketing communications from Bensons and Bensons must give effect to the request within a reasonable period of time; or
• the purposes of facilitating direct marketing by other organisations then an individual may request Bensons not to use or disclose the individual’s information for the purpose of facilitating direct marketing by other organisations and Bensons must give effect to the request within a reasonable period of time,
The individual may also request Bensons to be provided with the source of the information and Bensons must do so within a reasonable period of time after the request was made unless it is impractical or unreasonable to do so. Bensons will not charge any individual for the making of, or to give effect to, such requests.
5 QUALITY OF PERSONAL INFORMATION
Bensons will take such steps as are reasonable in the circumstances to ensure that the personal information it collects is accurate, complete and up-to-date and, having regard to the purposes of the use or disclosure of the personal information that is collected, relevant.
6 SECURITY OF PERSONAL INFORMATION
Bensons will take such steps as are reasonable in the circumstances to protect the personal information it holds from misuse, interference (which may include measures to protect against computer attacks) and loss and from unauthorised access, modification or disclosure.
Bensons will take such steps as are reasonable in the circumstances to destroy or permanently de-identify personal information about an individual that it holds if it is no longer needed for any purpose for which the information may be used or disclosed, and is not required to be retained by law or a court/tribunal order.
7 SENSITIVE INFORMATION
Bensons will not collect sensitive information about an individual, including information about that individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs (including political opinions on environmental issues), membership of a professional or trade association, membership of a trade union, sexual preferences or practices, or criminal record.
8 OPEN AND TRANSPARENT MANAGEMENT
On request by a person, Bensons will take reasonable steps to let the person know, generally, what sort of personal information Bensons holds, for what purposes, and how it collects, holds, uses and discloses that information.
9 ACCESSING AND UPDATING INFORMATION
Individuals can request access to the personal information that Bensons holds about them by contacting Bensons’ Privacy Officer. Bensons will provide individuals with access to their personal information within a reasonable period after the request is received, unless Bensons is legally authorised to refuse individuals’ request. Where Bensons withholds personal information, Bensons may instead choose to give individuals a summary of that information. Bensons may charge a reasonable amount for providing access.
If individuals wish to change personal information that is out of date, inaccurate, incomplete, irrelevant or misleading at any time please contact Bensons’ Privacy Officer. After notice from individuals, Bensons will take such steps as are reasonable in the circumstances to correct that information, including notifying any third party to whom the information has previously been disclosed. Bensons will not charge individuals for correcting individuals’ personal information. If individuals wish to have individuals’ personal information deleted please let Bensons know and Bensons will delete that information wherever practicable.
Where Bensons refuses individuals’ request to access, amend or delete individuals’ personal information, Bensons will provide individuals with reasons in writing for its decision and, in the case of an amendment request, it will include a note with individuals’ personal information that individuals have disputed its accuracy. Bensons’ notification of the refusal will include details of the mechanisms available to individuals to complain.
10 ANONYMITY AND PSEUDONYMITY
Wherever it is not unlawful or impracticable, individuals will have the option of not identifying themselves, or of using a pseudonym, when dealing with Bensons.
11 CROSS-BORDER DATA FLOWS
12 BENSONS’ WEBSITE
Bensons’ website may record information collected if an individual visits the site. The information recorded may include the date and time of the individual’s visit to the site, the pages accessed, any information downloaded, and any information and details entered by the individual for the purpose of contacting Bensons for any reason. Bensons may use information collected via its website for statistical, reporting and website administration and maintenance purpose.
Bensons website may use “cookies” to help personalise an individual’s online experience. The individual has the ability to accept or decline cookies. If the individual chooses to decline cookies, they may not be able to fully experience the features of Bensons’ website.
When transmitting personal information from a computer to Bensons’ website, an individual must keep in mind that the transmission of information over the Internet is not completely secure or error-free. In particular, e-mails sent to or from the site may not be secure, and an individual should take special care in deciding what information to send to Bensons via e-mail. Other than liability that cannot lawfully be excluded, Bensons will not be liable in any way in relation to any breach of security or any unintended loss or disclosures of that information.
Bensons’ website may provide links to other websites directly or indirectly to users of the website. Linked sites are not under Bensons’ control and Bensons does not accept any responsibility or liability that may stem from any linked website.
Bensons will consider complaints made by an individual in relation to:
• a decision to refuse access to personal information the individual requests; or
• a decision not to correct personal information; and
• will respond within a reasonable period after the complaint is received.
The Bensons response to a complaint is final.
14 Contacting us
Bensons Property Group Pty Ltd
Level 3, 367 Collins Street
Melbourne Victoria 3000
Telephone: 03 8602 0800
Facsimile: 03 8602 0888