We Respect Your Privacy
This Privacy Statement describes the types of personal information we collect, the way in which we collect, hold, use and disclose personal information, and how complaints regarding personal information may be resolved.

By using our website, applications and services, or otherwise providing us your personal information, you consent to us collecting, holding, using and disclosing your personal information as described in this Privacy Statement. If we are not able to collect, handle, use and disclose personal information about you as set out in this Privacy Statement, we may not be able to provide you with our services or with access to our website or applications.

Protecting your privacy and your personal information is an important aspect of the way in which we conduct our business. This Privacy Statement supports and endorses the Australian Privacy Principles established under the Privacy Act 1988.

WHAT SORT OF PERSONAL INFORMATION IS HELD/COLLECTED GENERALLY
The personal information that we collect depends on the nature of your interactions with us.  We collect both personal information and non-personal information.  

In this Privacy Statement, ‘personal information’ has the meaning given to it in the Privacy Act 1988 and generally includes your name, address, date of birth, contact details (including email addresses), occupation, company name (where applicable), basic financial information (including payment details) and other information which assists us in conducting our business, providing and marketing our services and meeting our legal obligations.  In some cases we may also collect ‘sensitive information’.

We may collect personal information about:
•    our clients, business associates, potential clients and their personnel;
•    other individuals in the course of acting for our clients;
•    our suppliers and their employees;
•    our employees, partners, contractors, former employees, former partners, former contractors or prospective employees, contractors or partners; and
•    other people who come into contact with a member of the Kay & Burton Group.

We may also collect and process non-personal information provided to us by your browser when you visit our website or use our applications.

HOW PERSONAL INFORMATION IS COLLECTED
We will generally collect personal information:
•    directly from you;
•    indirectly by you through:
•    emails;
•    completion of applications, authorities and other forms;
•    access and use of our website;
•    use of the services available through our website, applications, blogs and social media channels;
•    conversations with you;
•    you giving us your business card;
•    an enquiry made by telephone, mail, email, face to face, and via our website;
•    you providing us your personal information to us at an "open for inspection", auction or other Kay & Burton sanctioned event;
•    you enquiring, applying for or negotiating with us with respect to purchasing, selling or renting a property;
•    any other collection of or incidental (directly or indirectly) to a service or product we may be able to provide to you; and
•    from third parties, for example a credit reporting agency, financial institution or party that analyses our traffic at our website, our blogs and social media channels (which may involve the use of cookies).

PURPOSES FOR COLLECTING, HOLDING, USING AND DISCLOSING PERSONAL INFORMATION
We collect, hold, use and disclose personal information for the following purposes:
•    to conduct our business;
•    to provide and market our products or services;
•    to communicate with you to provide or promote our products or services, including providing you details of properties that you have expressed an interest in, or properties that you may be interested in;
•    to comply with our legal obligations;
•    to help us manage, develop and enhance our services, including our website and applications;
•    to respond to enquiries and feedback regarding our business, our products or services;
•    to process tenancy applications;
•    to approve transactional matters;
•    to conduct “open for inspections” at properties owned or attended by you, and ensure prudent security measures are undertaken at all “open for inspections”;
•    to conduct appropriate credit checks;
•    to provide information to utilities, financial institutions etc. on your behalf;
•    to facilitate tradesmen etc. contacting you to arrange for repairs or maintenance;
•    to facilitate third parties to assist us in providing our services (including hosting and data storage providers and debt collectors, whether located within or outside Australia);
•    to maintain social media channels on which we have a presence;
•    to pay bonds/release your details to rental bond authorities; and
•    to conduct legal process.

HOW PERSONAL INFORMATION IS USED AND DISCLOSED GENERALLY
We may, on occasion, ask you to consent to disclosure or use of your personal information for a particular purpose. We may do so in writing or verbally. In other cases your consent will be taken to have been given, for example where you indicate to us that you wish to obtain information about any of the services that we provide. We do not and will not rent, sell or otherwise disclose your personal information to any third party without your prior consent, where that consent is required by law.  
We also may disclose or use your personal information without your consent in the following circumstances:
•    to our staff and related companies (including staff of those related companies);
•    to prospective purchasers or tenants concerning your property;
•    to third parties that assist us in providing our services (including hosting and data storage providers, database or computer system managers, advertising or marketing entities, and debt collectors, whether located within or outside Australia);
•    to third parties that have requested us to provide services to you or who co-operate with us in offering products or services;
•    to tradesmen etc. to undertake repairs or maintenance;
•    to prospective tenants to contact you for an inspection;
•    to courts, tribunals, statutory bodies or other third parties for the purposes for fulfilling our legal requirements;
•    to professional providers (including lawyers, conveyancing entities or accountants) to facilitate necessary services associated with the sale, purchase or leasing of property;
•    to the general public when advertising or marketing your property (or a property to which you tenant) including internet based advertising or marketing for the purposes of selling or leasing the property; and
•    to media entities associated with our marketing and promoting of properties.

DIRECT MARKETING/INTERNET BASED ADVERTISING
You acknowledge that we may include your personal information (including your name, address and contact details) in our databases. These databases may be used for ongoing marketing and sales related purposes or to advise you of the other services that we can offer.

The type of marketing and sales activities that we undertake may include informing you or property related issues or other services that we can offer to you. 

HOW CAN YOU ACCESS OR CORRECT YOUR PERSONAL INFORMATION, OR UNSUBCRIBE 
Subject to the exceptions set out in the Privacy Act 1988, you may seek access to and correction of personal information which we hold about you by contacting our Privacy Officer at privacy@kayburton.com.au.  We will require you to verify your identity and to specify what information you require. If a fee is charged for providing access, you will be advised of the likely cost in advance.

You always have the option to unsubscribe from any direct marketing communication you receive from us.  If at any time you would like to unsubscribe from receiving future content, surveys, features or other marketing information or communications, you can contact us at any time at privacy@kayburton.com.au to unsubscribe or update your preferences.

We may, from time to time, have or maintain a presence on social media. You can interact with us via social media where we maintain a presence. When you do so, you consent to any personal information you provide or disclose being collected, used and disclosed by us in the manner described in this Privacy Statement. You should be aware that interactions on social media with us may be publicly visible to all users of the social media platform.

We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our website or social media channels on which we have a presence.

ARE WE LIKELY TO DISCLOSE YOUR PERSONAL INFORMATION OVERSEAS
We may disclose your personal information to the following overseas recipients:
•    to third parties who assist us in providing services or who perform functions on our behalf (such as third party service providers);
•    to anyone where we are required or authorised by law to do so; and
•    to anyone else to whom you authorise us to disclose it.

APPLICATION OF EUROPEAN PRIVACY LAWS
If you are an individual in a country in the European Economic Area (EEA), we may be required to comply with the EU General Data Protection Regulation 2016/679 (the GDPR) which applies to us when processing the personal information of individuals (data subjects) who are in countries in the EEA in relation to offering you our products or services, or if we monitor any of your behaviour when in those countries. This Privacy Statement shall apply in such cases.

We are the data controller for our website and services provided through our website.

LINKS TO OTHER WEBSITES
We may provide links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. If you visit these websites, they will be governed by their own terms of use (including privacy policies).

NOTIFIABLE DATA BREACHES SCHEME
In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act 1988.

SECURITY
We store your personal information using industry standards for security of information in order to safeguard it from misuse, disclosure, alteration or destruction. By using our website you acknowledge that the internet is inherently insecure and we can only use our best endeavours to secure your personal information.
 
CHANGES TO THIS PRIVACY STATEMENT
This Privacy Statement will be reviewed from time to time to take account new laws and technology, changes to our operations and practices and the changing business environment. The most current version of this Privacy Statement is located at www.kayburton.com.au/privacy-policy and can also be obtained by contacting our Privacy Officer at privacy@kayburton.com.au.

COMPLAINTS/CORRECTION/FEEDBACK/QUESTIONS
We welcome any feedback you may have regarding our Privacy Statement.  If you have any questions about privacy-related issues or wish to complain about a breach of your privacy or the handling of your personal information by us, please contact our Privacy Officer at privacy@kayburton.com.au. We may ask you to lodge your complaint in writing. Any complaint will be investigated by the Privacy Officer and you will be notified of the making of a decision in relation to your complaint as soon as is practicable after it has been made, usually within 30 days.

If we are unable to satisfactorily resolve your concerns about our handling of your personal information, you can contact the Australian Information Commissioner:

GPO Box 5218
Sydney NSW 2001
Email: enquiries@oaic.gov.au
Tel: 1300 363 992

Updated: December 2018


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