PRIVACY STATEMENT

Atwell & Co is committed to protecting your privacy and your personal information and aims to maintain a high standard of compliance with the Privacy Act 1988 (Commonwealth) as amended by the Privacy Amendment (Private Sector) Act 2000, and the National Privacy Principles. This Privacy Statement forms part of the Atwell & Co Privacy Policy and is intended to inform you about the following:

• How Atwell & Co collects your personal information;

• What type of personal information Atwell & Co collects;

• The purposes for which Atwell & Co uses that information;

• How Atwell & Co maintains and keeps the information secure; and

• How you may access, correct or update any personal information that Atwell & Co holds about you.

• How does Atwell & Co collect personal information about me?

In its marketing activities, Atwell & Co may access various databases in the public domain such as Telstra White Pages, Australia Post DPID database, Titles Office or other property databases. Atwell & Co may also obtain referrals and recommendations from existing clients.

When you become a client or prospective client of Atwell & Co, most of the personal information about you is collected by Atwell & Co either directly from you or from public-domain, government databases such as the previously mentioned examples. As part of its due diligence process prior to entering into lease or rental agreements with you, Atwell & Co may use authorised credit-checking agencies.

What type of personal information does Atwell & Co collect about me?

Atwell & Co may collect any of the following information about you if you are a prospective Vendor, Purchaser or Landlord of Real Estate:

• Contact details

• Property ownership details

• Desired property ownership details

If you are a prospective tenant for Real Estate Rental or Lease, Atwell & Co may collect the following information from you:

• Employment details such as your employment status, employer, salary, length of employment;

• Other sources of income; • Personal and Financial Referees whom we may contact;

• Personal or Business and Accounting information such as Asset and Liability statements

• ABN and GST registration

Sometimes Atwell & Co may also need to ask you for other personal information to enable Atwell & Co to provide its services to you.

Why does Atwell & Co collect this information?

Atwell & Co collects this information to:

• Enable Atwell & Co to provide you with the services and/or products you may require.

• To comply with Local, State or Federal legislation or regulations with respect to Real Estate property sales, rental and administration.

• Enable subsidiaries, associated offices of Atwell & Co and third party partner businesses to assist you with related or ancillary services, as required.

• Assess the suitability of tenancy applications in line with good property management practice.

How does Atwell & Co use the personal information held about me?

Any personal information about you that Atwell & Co collects and records will only be used or disclosed by Atwell & Co lawfully and by fair means for the purpose of:

• compliance with our and your obligations under real-estate regulations and laws applicable for Victoria, including the Sale of Land Act (Vic) 1962, Residential Tenancies Act 1997 (residential tenants), Retail Tenants Reform Act 1998 (commercial tenants), Local Government Act, Valuation of Land Act, The Subdivision Act 1988 (body corporate) and other various minor acts

• any other purpose if you would reasonably expect Atwell & Co to use or disclose that personal information for that other purpose and that other purpose is related to the above purpose; or

• sending you news, and other information about Atwell & Co’s activities and general promotional material which Atwell & Co  believes may be of interest to you, however, when Atwell & Co does this, Atwell & Co will provide you with an express opportunity to decline receiving any further communication from Atwell & Co of this type via an opt-out mechanism. If Atwell & Co wishes to use or disclose any of your personal information in any other ways than described above, Atwell & Co will not do so unless:

• Atwell & Co has your express consent to do so;

• Atwell & Co has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or

• Atwell & Co has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.

Can I be anonymous when I deal with Atwell & Co?

To some extent you can preserve your anonymity when you deal with Atwell & Co.  You can visit our website without providing any personal information, you can access our real-estate advertising in various publications, and you can attend auctions without providing personal details.

However when you enter into transactions with Atwell & Co, that involve the sale, purchase or rental of real estate property, then various Acts, statutory legislation and regulations require you to provide us with personal information so as to identify you.

What happens if I want to access or correct the personal information held about me?

You may access your personal information held by Atwell & Co, subject to some exceptions. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days.

We may charge you a reasonable fee to recover our costs for providing access based on the quantity of material and time involved in providing access.

We may not be able to provide access to information in some situations including:

• where in our opinion providing you access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;

• where your request for access is in our opinion frivolous or vexatious; or

• where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.

• If for any reason Atwell & Co does not allow you to access your personal information, Atwell & Co  will provide you with reasons in writing for its decision.

Does Atwell & Co provide my personal information to third parties?

There are some instances when we need to provide your personal information to third parties. We may be bound by law to provide your details to government-related bodies including but not limited to the Titles Office or the Valuers General Office, The State Revenue Office and to Local Government Agencies.

Sometimes we may need to outsource some of our administrative and other property-related functions to external organisations such as Advertising Agencies, Signwriters, building and garden maintenance contractors, or consultants such as accountants, lawyers, surveyors and other advisors. Most of the above organisations are bound by express or implied confidentiality obligations to Atwell & Co.

Atwell & Co does not sell your personal details to other organisations. We may however use the information about you to assist us with internal marketing and research.

How does Atwell & Co keep my personal information secure?

Atwell & Co will take reasonable steps to ensure information Atwell & Co collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by Atwell & Co so as to prevent misuse, loss or unauthorised access, modification or disclosure.

If the personal information is no longer needed for any purpose, Atwell & Co will take reasonable steps to destroy or permanently de-identify the personal information.

Atwell & Co endeavours to provide a secure environment and a reliable system but you should be aware that there are inherent risks associated with the electronic storage and transmission of information (particularly via the Internet) which cannot be guaranteed to be 100% secure.

Who do I contact for further information?

Our Privacy Officer can assist you with any enquiries you have about the information that we hold about you. He can be contacted on (03) 9510 6203 from 9.00am to 5.00pm, Monday to Friday.

You can also write to the Privacy Officer at:

Atwell & Co Pty Ltd
PO Box 491
Prahran VIC 3181

What if I have a complaint or concern?

If you have a complaint or concern you can phone the Atwell & Co privacy officer on (03) 9510 6203  or write to the Privacy Officer at the address above. We will do our best to try and resolve your complaint within 90 days.

What if you are unable to resolve my complaint or concern?

If we are unable to resolve your complaint within this time, or you are unhappy with the outcome, you may refer your complaint to the Privacy Commissioner in your State capital. The Privacy Commissioner can be contacted by telephone from anywhere in Australia for the cost of a local call on 1300 363 992, or you can write to the Privacy Commissioner at the following address:

The Office of the Federal Privacy Commissioner
GPO Box 5218
Sydney NSW 1042
Fax: (02) 9284 9666
e-mail privacy@privacy.gov.au
TTY: 1 800 620 241 (Teletype access for the hearing impaired)