(Last updated: 22 November 2016)
LeaseSearch Pty Ltd (ACN 601 790 569) ("LeaseSearch" or "we") ecognises and values the importance of protecting the privacy of its customers.
What is personal information?
In Australia, the collection, storage, use and disclosure of "personal information" is regulated by the Privacy Act 1988 (Cth) (the "Act"). The Act defines “personal information” as:
“…information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable.”
The definition of “personal information” is therefore extremely broad, but good examples would include your full name and your address.
Why do we need to collect your personal information?
The Website is more complicated than a traditional real estate website, because we don’t simply list vacant properties for prospective tenants to search. The Website offers an interactive portal for procuring a lease for office and industrial space. By way of example, one of the functions of the Website is that it allows prospective tenants to issue an online expression of interest for prospective agents, landlords, developers etc to respond to. Prospective tenants are then able to review those responses, shortlist properties, seek further clarifications, issue requests for leasing proposals, review leasing proposals, analyse/evaluate proposals, select a preferred property etc.
For the above reasons, we need to collect, store, use and disclose your personal information as part of the normal operation and functioning of our Website.
How will we collect your personal information?
We will always interact with you in an open and transparent manner, including by informing you:
- - when we collect your personal information; and
- - how we will manage your personal information.
What personal information will we collect?
In order to operate the Website, we need to collect a sufficient amount of your personal information to allow us to undertake our functions, and to allow any transactions between us to take place efficiently and securely.
You may be able to browse certain pages of our Website anonymously. However, in order to engage in the lease process using our Website, you will need to create an account with us and it is not practical for you to transact with us anonymously or using a pseudonym. When creating an account, we will request that you provide us with personal information. This may include, but is not necessarily limited to:
- - your full name and prefix (e.g. Mr or Mrs), so that we can identify you
- - your primary telephone number, so that we can contact you if there is a problem
- - your postal address (business and/or home)
- - your email address, so that we can correspond with you electronically and administer your account (e.g. password resets)
- - credit card and account details
- - details of the company you represent (eg company name, address and contact details) and the title of your position at that company
If your personal details change, it is your responsibility to update your LeaseSearch account with those changes, so that we can keep our records complete, accurate and up to date
We will never collect “sensitive” information about you. Sensitive information includes certain kinds of information about you, such as your political opinions or your racial or ethnic origin.
What will we do with your personal information?
We will use your personal information for a number of purposes associated with the operation of the Website or as otherwise required or authorised by law.
The primary purposes for which we will use your personal information are to allow us to:
- (a) provide you with functional access to the Website, including the ability to participate in various stages of the lease search process with a view to finding a commercial space to lease if you are a prospective tenant (‘Prospective Tenant’) or propose space to be leased and further engage with Prospective Tenants in the lease search process if you are a prospective landlord, developer, agent etc (‘Interested Party’);
- (b) to put Prospective Tenants in communication with Interested Parties (and vice versa);
- (c) identify you and authenticate your identity;
- (d) contact you in respect of the Website, and the lease process;
- (e) ensure that LeaseSearch receives payment of any fees due to it;
- (f) permit content on the Website (such as postings or third party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;
- (g) conduct research;
- (h) develop new Website features;
- (i) customise the content on the Website and any advertising on the Website;
- (j) develop relationships with affiliate service providers (which may include, for example, removalists, fit-out contractors, architects and tenant representatives);
- (k) for statistical reporting purposes, on an anonymised and aggregated basis, such as providing average rent, availability rates etc in publications issued by LeaseSearch and/or its affiliates;
- (m) act in a way that is required or authorised by or under law.
You may be able to browse certain sections of the Website without providing us with any personal information. However, if you do not provide us with the requested personal information and agree to us using it for the above primary purposes, you will regrettably not be allowed full access to our website and will not be able to participate in the lease process.
The secondary purpose for which we will use your personal information is to allow us to send you direct marketing in relation to our respective goods and services or the respective goods and services of trusted third parties. If you do not agree to us using your personal information for this secondary purpose, you should just notify us of this at the time you create a user account. You can also change your mind at a later date by notifying us.
Who will we disclose your personal information to?
We may disclose (and you are deemed to consent to us disclosing) your personal information:
- (a) for the purposes for which it is collected and for any related purposes, including:
- i. to any person where necessary or desirable in connection with the provision of the Website, and the Services to you;
- ii. to any person where necessary or desirable in connection with the management of our relationship with you; and
- iii. to our external advisors, service providers, subcontractors and suppliers, so that they can provide professional, financial, technical, administrative or other advice and services in connection with the operation of our business;
- (b) if you are an Interested Party, to Prospective Tenants or, if you are a Prospective Tenant, to Interested Parties;
- (c) to LeaseSearch’s affiliated entities for the purpose of such affiliated entities contacting you about their products and services or the products and services of trusted third parties;
- (d) to any person who acquires or expresses an interest in acquiring all or any part of LeaseSearch’s business;
- (f) to any person as required or authorised by or under law, and to any other person to which you subsequently consent from time to time.
When you use the Website to participate in the lease process or otherwise communicate in a public forum on the Website, your user ID and all or some of the material you post may be visible to other users on the Website and may be publicly available to other internet users. We therefore suggest that you use discretion and caution when posting information to the Website. We do not in any way control, and do not accept any responsibility or liability whatsoever for, the disclosure or use of personal information which is voluntarily posted by you in any publicly accessible area of the Website.
We will never sell your personal information.
Direct marketing is where we contact you directly to offer you goods and services, using the personal information you have supplied to us.
We will only engage in direct marketing if you have agreed to this at the time of registration for the Website and you may change your mind at any time. When registering, you will be asked whether you wish to receive direct marketing materials from us. You do not need to agree to this to use our Website and you will only receive such materials if you have ‘opted-in’ to receive.
If you initially agree to receive direct marketing materials but subsequently change your mind, there are a number of ways by which you can unsubscribe or ‘opt-out’. Firstly, you can log on to your user account at the Website and change your preferences and settings. Secondly, you can in many cases unsubscribe via the marketing materials themselves. For example, any direct marketing emails we send to you will contain a functional “unsubscribe” feature which will always be valid for at least 30 days from the date of the communication. Finally, you can always change your marketing preferences by contacting us using the contact details provided below.
We will never use or disclose your personal information for the purpose of sending you spam, that is, unsolicited commercial messages which offer or advertise goods or services.
General tips on security
We urge you to take your own privacy seriously and to take steps to protect it. We recommend that you never share your account details or password with anyone, as they are both unique to you.
You should always remember to close your browser window when you have finished communicating with us, especially when you share the computer or device with others.
How will we hold your personal information?
We are committed to storing your personal information as securely as possible.
We will take all reasonable to steps to protect your personal information from misuse, loss, interference and unauthorised access, modification or disclosure.
We regularly review and monitor the adequacy of our security measures, and would welcome any feedback you may have.
Access, complaints and corrections
Access to your personal information
You are entitled to access the personal information we hold about you, on request, subject to a limited number of exceptions. If for some reason we are unable to provide you with access to your personal information, we will provide you with our reasons in writing as well as your further options for complaint.
You may make an access request via the contact details below and we will respond to your request within a reasonable period. Ordinarily, we will require you to attend our office to access your personal information in secure circumstances, however we will give reasonable consideration to any other access procedure you may suggest in writing where it is practicable to do so (in whole or in part). We will not ordinarily charge you for gaining access to your personal information.
What if your personal information is wrong?
We will take reasonable steps to ensure that the personal information we hold, use and disclose is accurate, up to date and complete. However, we will not take any administrative steps to verify the accuracy or completeness of the information you provide to us at the time of collection (for example, if you make a mistake when typing in your details).
If you suspect or believe that the personal information we have is not accurate, complete or up to date, please either (a) log in to the Website and update your personal information as appropriate, or (b) contact us at the details below and we will respond to your request within a reasonable period. When responding, we will take reasonable steps to correct that information and to ensure that it remains accurate, complete and up to date in the future. If for some reason we are unable to correct your personal information, we will provide you with our reasons in writing and your further options for complaint. We will not ordinarily charge you for requesting the correction of your personal information.
How long will we keep your personal information?
We will also take such steps as are reasonable to destroy or anonymise/de-identity any personal information we hold about you where we no longer need that personal information for the purposes for which it was disclosed. Particularly where you have used our services, we will need to keep your personal information for a relatively significant period of time.
If you believe that there has been a breach of the Australian Privacy Principles, you may lodge a complaint with us via the contact details below. We will review your complaint and gather any relevant paperwork or documentation before responding which will ordinarily be within 30 days of receipt of your complaint. When we respond, we will give you written reasons for our decision. If you remain dissatisfied with our response or the reasons given, you may lodge a formal complaint via the Office of the Australian Information Commissioner at www.oaic.gov.au.
How do you contact us?
Level 6, 66 Hunter Street
Sydney NSW 2000
Changes to this Policy