Contact Hdr
up logo

Privacy Policy

  1. Privacy of personal information
    1. This Privacy Policy outlines the policy that Urban Property Melbourne Pty Ltd (‘we’, ‘us’) undertakes with respect to the way in which we obtain, use and disclose information about you, including through our website at www.upmelbourne.com.au.
    2. Urban Property adopts and is bound by the Privacy Act 1988 (Cth) (the Act) and the Australian Privacy Principles (APP) contained within the Act.
    3. Urban Property understands the importance of privacy, especially in relation to the use and disclosure of personal information. We are committed to maintaining the privacy of personal information collected by us and aim to provide the highest level of confidentiality possible.
    4. This Privacy Policy covers personal information collected, used and disclosed by Urban Property in relation to any of the following:
        1. prospective and actual vendors, purchasers, landlords and tenants;
        2. prospective and actual suppliers;
        3. prospective and actual agents or independent contractors; and
        4. prospective and actual employees, except if the use or disclosure is directly related to the relationship between us (as employer) and you (as the employee) and relates to an "employee record" about you as a present or past employee.
    5. By providing personal information to Urban Property, including via the use of our website, you are deemed to consent to us obtaining, using and disclosing your personal information in accordance with this Privacy Policy.
       
  2. Your consent
    1. You consent to your personal information being used in accordance with this Privacy Policy by doing any one or more of the following:
        1. communicating with us or continuing to request our services, including but not limited to by attending one of our offices, attending an open for inspection, making enquiries via the internet, email, phone or in person;
        2. providing us with your contact details and consenting in writing for such details to be given to a financial adviser, mortgage broker, financier, accountant or any other professional services practitioner; and
        3. visiting our website or any social media established by us, including but not limited to Facebook, Twitter, LinkedIn, Instagram, Youtube, Pinterest and Google+ (Social Media Sites), or participating in any activity on a Social Media Site, including but not limited to entering competitions, subscribing to our pages, uploading any material to a Social Media Site, following, liking or commenting on us on any Social Media Site.
    2. Personal information is collected through our website. Any enquiry forms or information submitted via our website will be collected and you are deemed to consent to allowing us to use or disclose the information by using our website. Additionally, our website uses cookies which is a tracking technology that by which websites transfer pieces of information to a computer’s hard drive for record keeping purposes
    3. This means that in addition to personal information collected through filling out online enquiries, non-personal information may be collected, including:
        1. your IP address;
        2. the date and time of your visit;
        3. the sub-pages visited on our website;
        4. the webpage you have come from and leave to; and
        5. details about your browser and operating system you have used.
    4. This information is used for statistical purposes and for us to enhance the practicality of our website (e.g. to help us identify ways in which we can make our website more navigable). Any such statistical analysis does not identify you. You may turn off cookies, but this may affect your use of our website.
       
  3. What is ‘personal information’?
    1. Under the Act, personal Information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. The types of personal information generally collected by us may differ, depending on your identity and relationship with us.
    2. Common examples of personal information include an individual’s name, signature, address, telephone number, date of birth, medical records, bank account details and any commentary or opinion about a person.
    3. Personal Information does not include an employee record. An employee record is a record of personal information (including health information) relating to the employment of an employee, specifically covering:
        1. engagement, training, disciplining of an employee;
        2. resignation or termination of an employee;
        3. terms and conditions of employment of an employee;
        4. employee's performance or conduct;
        5. hours of employment, salary or wages;
        6. personal and emergency contact details;
        7. employee's membership of professional or trade associations or trade union membership;
        8. employee's recreation, long service, sick, personal, maternity, paternity and other leave; and
        9. employee's taxation, banking and superannuation affairs.
    4. Although employee records are not covered by the Act, we will still treat the personal and health information of each employee with absolute confidentiality. People who have access to such information are subject to strict controls. We will not disclose employee records to any third party, unless authorised by law.
       
  4. Collection of personal information
    1. Personal information collected from clients and held by Urban Property may differ depending on the type of products and services requested by clients. Generally, this personal information includes a client’s name, residential and postal addresses, mobile and telephone numbers, email address, date of birth and signature. Depending on the services requested by clients, we may ask for additional information from clients. For example, when organising rental agreements as part of our property management service, we may ask for details such as property value, insurance details, rental amounts and character references.
    2. The information that we gather will usually be sourced directly from clients unless impracticable to do so. Under these circumstances, the information may be collected from a third party, such as a representative you have elected, publicly available information or referees nominated by you if you are applying for an employment position. If your personal information is obtained by Urban Property through a third party, it is assumed that the third party providing the information to us has your consent and is an authorised representative of you granting us access to your personal information in accordance with the Australian Privacy Principles.
    3. From time to time, photos may be taken for marketing and promotional purposes which may include images of employees and clients, from which individuals may be identifiable.
    4. We may also be able to obtain other information from you via Social Media Sites, which may itself constitute personal information, or which when combined with other information, is capable of identifying you. Such information may include photos, videos, and any other information that you post on our Social Media Site or your own social media accounts. The level of information we may access will depend on your privacy settings.
    5. You have the right to remain anonymous when dealing with us by either using:
        1. a pseudonym; or
        2. an identification number (unrelated to any other personalised numbers that could identify you, such as your social security identification number).
    6. However, if you choose to remain anonymous, it may prevent or limit us from acquiring all relevant personal information required to fulfil the services requested by you.
    7. Urban Property will not collect sensitive information without first receiving your consent to do so. Sensitive information includes:
        1. health (including predictive genetic information);
        2. racial or ethnic origin;
        3. political opinions;
        4. membership of a political association, professional or trade association or trade union;
        5. religious beliefs or affiliations;
        6. philosophical beliefs;
        7. sexual orientation or practices;
        8. criminal record;
        9. biometric information that is to be used for certain purposes; and
        10. biometric templates.
    8. All information provided by you is deemed to be consensually provided and to be used for the desired purpose discussed, including sensitive information unless you expressly state otherwise. Under unique circumstances, the collection and use of non-consensual sensitive information may be required by law or if health situations arise.
    9. If Urban Property receives personal information about an individual that we did not solicit, we will take reasonable steps to ensure that the personal information was not information that was necessary for, or directly related to, a function we are performing for that individual. Under these circumstances, Urban Property has the right to use the personal information for the sole purpose of identifying how we came into possession of the personal information. If we determine that we could not have collected the personal information and the information is not contained in a Commonwealth record, we will destroy the information or permanently de-identify the information as soon as practicable, unless it is unlawful and unreasonable to do.
    10. Upon receiving your personal information, we are required to provide information to you including the purpose of collection, who your personal information may be disclosed to, the potential consequences if not all required information is collected and any law which requires us to collect that information. Furthermore, if personal information is obtained through a third party, we will ensure you are aware of that fact and the circumstances regarding the collection.
    11. If for whatever reason personal information cannot be collected or if that information is incomplete or incorrect, we may not be able to provide the product or service you have requested until all adequate information is correctly collected.
       
  5. Use of personal information
    1. All personal information obtained by Urban Property will be used for the primary purpose in which it was collected and for any other secondary purposes that you would reasonably expect.
    2. Any personal information that we collect will be used by us to enable us to provide you with the services that you have requested or otherwise to enable us to carry out our functions as professional real estate agents and for the following purposes:
        1. supplying our products and services to you;
        2. providing quality assurance and audits for our services;
        3. responding to your enquiries and feedback regarding our business, our products and services;
        4. monitoring the performance of our business;
        5. marketing, promotional and educational activities, including advising you about investment opportunities and other matters that we believe may be of interest to you;
        6. enforcing the terms and conditions of our engagement with you;
        7. ensuring compliance with our statutory obligations;
        8. conducting appropriate credit checks; and
        9. referral to a financial adviser, mortgage broker, financier or accountant.
    3. Secondary purposes include being able to respond to your queries or contact you if needed, providing marketing information, obtaining your feedback and supporting general business activities (e.g. updating records, recruitment and legal obligations).
    4. By providing us with personal information, you consent to us using this information (other than sensitive information unless stated otherwise) for direct marketing purposes by us. These details will be used for ongoing marketing and sales purposes and to advise you of other services provided by us. In each direct marketing communication from us, we will attach simple instructions on how to immediately unsubscribe from the ongoing direct marketing mailing list. There are no fees associated with unsubscribing.
    5. Urban Property does not disclose personal information to overseas recipients unless required by law or at direct request from you. If you request to disclose your personal details overseas, you acknowledge that the Privacy Act and the APP do not apply and that the Nation’s privacy laws may be different to those in Australia. Furthermore, the secure transfer of your information cannot be guaranteed by us when providing it to overseas recipients. As a result, Urban Property is not responsible for the consequences that may arise due to the disclosure of your personal information provided to overseas recipients at your request.
    6. Aside from the circumstances already mentioned, we may use and disclose your personal information if permitted or required by law.
       
  6. Disclosure of personal information
    1. We do not and will not rent, sell or otherwise disclose your personal information to any other company or organisation, without your prior consent, where that consent is required by law.
    2. You specifically authorise us to use and disclose your personal information in the following ways and for the following purposes:
        1. incidental to promotion and marketing to you of our services or those of our business partners, including but not limited to informing you of investment opportunities and other matters we believe may interest you;
        2. to media organisations, including on the internet, to potential buyers or existing or potential clients, to property inspection consultants, property valuers, business valuers, to owners corporations, to government and statutory bodies, financial institutions or financial products and services providers;
        3. to the vendor of a property if you are a purchaser or a prospective purchaser;
        4. to other real estate agents or other third parties if required by a landlord or a landlord's financier or legal representative, for the purpose of appraising or valuing a property;
        5. to potential tenants, to tradespeople and to other persons to whom we outsource functions of or incidental to acting for a landlord;
        6. to the general public when advertising or marketing your rental property or rental home including internet advertising or marketing, for the purposes of re-leasing or selling the property;
        7. to the landlord, referees, the relevant Bond Authority, other agents and third party operators of tenancy reference databases including where a tenant has failed to comply with any contractual obligations specified in the relevant tenancy agreement and to other sources necessary to identify and evaluate a potential tenant;
        8. to third party consultants who may from time to time manage our database or computer system;
        9. of or incidental to a sale of all or part of our business to a third party;
        10. as required by law; and
        11. any other disclosure of or incidental to our carrying out our functions as professional real estate agents.
           
  7. Security and integrity of personal information
    1. Urban Property will take all reasonable steps to ensure that all personal information collected, used and disclosed is correct and remains up to date and that all reasonable steps are taken to ensure the information is not misused, modified, lost or accessed by an unauthorised party.
    2. Due to us holding personal information in both softcopy and hardcopy, security measures for both are taken into account when securing confidential information. For example, we take measures to:
        1. ensure the physical security of our premises and databases/records;
        2. restrict access to personnel who need that information in order for us to be able to provide our products and services; and
        3. use standard technological measures, such as computer passwords, data backup, anti-virus software and firewalls.
    3. Physical security of premises and technological security of information ensures we have taken correct diligence when handling confidential information. Please be aware that when emailing or providing personal information via our website, there are risks associated when transmitting data online that we cannot guarantee the security of.
    4. 7.4 When information collected by us is no longer required for the purposes it was originally collected for, we will take adequate measures to ensure the information is destroyed or permanently de-identified. However, personal information no longer required may be retained due to legal requirements for a period of time. Your personal information may also be kept in our IT systems archives.
       
  8. Direct marketing
    1. You acknowledge that where we reasonably determine it to be appropriate, we may add some of your Personal Information including your name, address, phone numbers, facsimile number and email address to databases belong to us or our business partners. The databases will be used for ongoing marketing and sales-related purposes or to advise you of the other services we, or our business partners can offer.
    2. The type of marketing and sales activities that we undertake includes sending material to you to update you on various property-related issues or other services we can offer you.
    3. In each direct marketing communication that you receive from us we will attach prominent and simple instructions on how you can immediately unsubscribe from our mailing list. You can opt out of receiving direct marketing material by emailing our Privacy Officer requesting to be removed from the mailing list. You can also fax or mail a request asking for removal (see contact details below). Removal does not attract any fee.
       
  9. Accessing your personal information
    1. If personal information held by us of you is outdated, incomplete or inaccurate, please contact our Privacy Officer in order to make sure all information held by us is correct and current so that we can provide our services to you.
    2. If you request to view your personal information held by us, we will grant access within a reasonable time period of your request. However, we may be prevented from allowing access in circumstances where:
        1. there are potential threats to health or safety;
        2. your request, or series of requests, is vexatious,
        3. disclosure of the requested information would breach another individual’s privacy; and
        4. there are legal proceedings on foot or if it is prejudicial to any police investigations.
      1. If we deny your request, we will inform you as to the grounds for refusal and may exercise the discretion to allow you limited access to any partial information if we determine that it is appropriate to allow you limited access in the circumstances.
      2. No fees apply if you request or are granted access to your personal information held by us.
         
  10. Changes to this Privacy Policy
    1. From time to time we may amend or update this Privacy Policy and will post any changes on the website. We encourage you to review this Privacy Policy from time to time so that you remain informed as to how we are protecting your Personal Information.
       
  11. Complaints
    1. If you believe any breach of the Australian Privacy Principles has been committed by any estate agent, representative or employee at Oak Estate Agents, you may lodge a complaint by contacting our Privacy Officer. By lodging a complaint, you consent to us disclosing your personal information to the agent or representative the subject of your complaint. Furthermore, your personal information may be disclosed to an enforcement body (such as the Consumer Affairs Victoria, the Business Licensing Authority, the Australian Competition and Consumer Commission or to a municipal council) if necessary to further escalate the complaint process.
    2. Our Privacy Officer will handle the complaint and ensure all relevant issues are fully examined while keeping you informed of how the complaint process is progressing. The complaint and its process will be handled in strict confidence while being investigated and we will try to ensure the most appropriate outcome is achieved. To minimise time and effort, please try to include all information relevant to the complaint and what outcome you are trying to achieve upon submission of your complaint. We may require meeting you in person to fully understand your concerns and desired outcome.

Privacy Officer - Contact Details

Phone:          (03) 8658 4020
Fax:              (03) 9859 5567
Email:           lee@upmelbourne.com.au
Mail:             PO Box 124, Kew East VIC 3102