Cherish Property (“Cherish Property”, “We”, “Us”) is committed to respecting your right to privacy and protecting your personal information.
We are bound by the Privacy Act 1988 (Cth) (Act) and the Australian Privacy Principles set out in the Act.
We will ensure that all officers, employees and subcontractors are aware of and understand Cherish Property’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:
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.
Collection of Personal Information
Whenever you deal with Cherish Property, we will collect personal information in order to provide or prospectively provide, services and products to you. Such services and products include:
- complaint resolution services;
- recruitment services;
- advisory services;
- updates about events, products and services which may be of interest to you
- other services you may wish to purchase.
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 includes but is not limited to:
- Date of birth
- Residential address
- Postal address
- Email address
- Home telephone number
- Work telephone number
- Australian Residency Status
- Drivers Licence information
- Passport 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.
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.
Use and Disclosure of Personal Information
Personal information collected by Cherish Property will ordinarily be used for the following purposes:
- Providing a relevant service as requested or ordered, for example completing a Queensland property contract on your behalf
- Marketing of services to you.
- Promoting your Cherish Property affiliation to the community via social media channels such as, but not limited to, Facebook, Twitter and Google Plus.
In order to achieve the purposes described above, we may disclose your personal information to the persons/organisations described below:
- Real estate agents and their sellers.
- Your legal advisor(s)/conveyancer and other relevant third parties involved in or relevant to a property purchase.
- Your financial institution.
- Persons or organisations involved in providing, managing or administering products or services, including building, pool and pest inspectors and property managers.
- 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 commercial negotiations with our business.
- Organisations involved in payments systems including financial institutions, merchants and payment organisations.
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 following applies:
- 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 (eg. Police).
Personal information provided to Cherish Property may be shared with its related companies. We will take all reasonable and practical measures to keep such information strictly confidential.
Like many other businesses in Australia, Cherish Property 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.
Marketing our products and services
Cherish Property 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.
We may disclose your personal information to sponsors and supporters of the Cherish Property and other third parties in order to facilitate direct marketing by those parties. You may contact us at any time to request that we refrain from providing your personal information to such parties.
Accuracy of Personal Information
Cherish Property will take reasonable steps to ensure that all personal information it collects, uses or discloses is accurate, complete and up-to-date.
If you believe your personal information is not accurate, complete or up-to-date, please contact us (see the Contact Us section for more information).
Your personal information may be stored in hard copy documents or electronically. Cherish Property 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 agreements.
- 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.
- Anti-spam, anti-virus and anti-malware software
We will review and update our security measures from time to time.
In addition, we will review the personal 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
Cherish Property 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 encryption in relation to shopping cart functions.
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 Cherish Property holds about you.
We will acknowledge your request within 14 business days of the request being made. Access will usually be granted within 14 business days of our acknowledgement.
You will need to verify your identity before access to your personal information is granted.
Once your request has been processed by Cherish Property, 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 (eg. if you have asked for the information to be emailed to you, we will endeavor to email the information to you).
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 Contact 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 other individuals.
- Denial of access is required or authorised by law or by a Court or Tribunal order.
- 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 information.
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.
You may contact us by mail, email or telephone as follows:
PO Box 5169, Kenmore East, QLD 4069
+614 5004 7100
If you consider that there has been a breach of the Australian Privacy Principles, you are entitled to complain to Cherish Property (see the Contact 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 14 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 below details:
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.
Cherish Property reserves the right to change this Policy at any time and any amended Policy is effective upon posting to our website. Cherish Property will make every effort to communicate any significant changes to you via email or via our Cherish Property updates.