WE RESPECT YOUR PRIVACY
In this Privacy Policy, the terms ‘Kay & Burton’, ‘we’, ‘us’ and ‘our’ means each member of the Kay & Burton Group, and ‘Kay & Burton Group’ means Kay & Burton Concierge Services Pty Ltd (trading as Kay & Burton Concierge), Kay & Burton Holdings Pty Ltd and each of their related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)).
This Privacy Policy 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 your personal information to us, you are taken to have read this Privacy Policy, and consent to us collecting, holding, using and disclosing your personal (including sensitive information) information as described in this Privacy Policy. You are under no obligation to provide us with your personal information, but if you do not, we may not be able to provide you with our services or with access to open for inspections, or 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 Policy supports and endorses the Australian Privacy Principles (APPs) established under the Privacy Act 1988 (Cth) (Privacy Act).
What sort of personal information is held/collected generally?
In this Privacy Policy, ‘personal information’ has the meaning given to it in the Privacy Act being information or an opinion (whether true or not) about an identified individual or an individual who is reasonably identifiable. This 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 authorised to be collected by law, or 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’ if it is relevant to the products or services we are providing to you and where required to meeting our obligations under applicable laws including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act). For example, your biometrics, your political associations and whether you are subject to any Australian or international sanctions.
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, including individuals that visit Kay & Burton or properties promoted by Kay & Burton;
- our suppliers and their employees;
- our employees, partners, consultants, contractors, former employees, former partners, former contractors and prospective employees, contractors or partners; and
- other individuals who come into contact with a member of the Kay & Burton Group.
If you are a prospective employee, we may collect details about your employment history and other details about you to assist with the recruitment process. We may collect this information from you directly, or from a recruiter.
How personal information is collected
We aim to collect personal information only if it is reasonably necessary to provide the services, products or information you have requested from us.
In the course of providing you with services, we collect personal information in a variety of ways.
Unless it is unreasonable or impracticable to do so, we will collect personal information directly from you. In some cases, however, we will collect information about you from third parties or publicly available sources, including your professional advisors (including lawyers, conveyancers or accountants), credit reporting bodies, financial institutions, third parties that analyse traffic to our website (https://www.kayburton.com.au/) (Website), our blogs and social media channels (which may involve the use of cookies).
At the time of collection, or as soon as practicable after we have collected it, we will take such steps as are reasonable in the circumstances to notify or make you aware of the collection and of any matters relevant to the collection, unless it is obvious from the circumstances that you would know or would expect us to have the information.
Kay & Burton may collect personal information about you when you:
- or any entity of which you are a beneficial owner engage us to provide you with products or services;
- make an enquiry with us by phone, by mail, by email, face to face or via our Website;
- engage with us in the course of receiving products, services or information from us or enquire about our products or services;
- complete a Kay & Burton application, authority or other form;
- access our Website;
- use the services available through our Website, applications, blogs and social media channels;
- give us your business card;
- provide us with your personal information at an “open for inspection”, auction or other Kay & Burton sanctioned event;
- enquire, or negotiate with us, with respect to purchasing, selling or renting a property;
- enquire about applying to, or apply to, purchase, sell or rent a property; and
- do anything that is incidental (directly or indirectly) to a service or product we may be able to provide to you.
Information collected via our Website
Our Website contains cookies. A cookie is a small file saved on your computer’s hard drive when you visit our Website. When you return to our Website, the data saved in the cookie is sent back to the Website. We use cookies to assist you in navigating the Website when you return.
The cookies we use in no way give us access to your computer or any information about you, other than the information you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
Purposes of collecting, holding and using/disclosing personal information
Primarily, we collect, hold, use and disclose your personal information for the following purposes:
- to conduct our business;
- to provide you with products, services and information that you request from us;
- to communicate with you generally in relation to our products or services, including properties that you have expressed an interest in, or properties that you may be interested in;
- to comply with our legal obligations, including our obligations under the AML/CTF Act to complete client due diligence;
- 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 by you, or to allow you to attended “open for inspections”, and ensure prudent security measures are undertaken at all “open for inspections”; and
- to conduct appropriate credit checks.
If it is reasonable to expect that we would use or disclose your personal information for purposes which are related to the above primary purposes, we may also use or disclose your personal information for the following purposes:
- to provide information to utilities, financial institutions and other third parties on your behalf;
- to facilitate tradesmen and other suppliers contacting you to arrange for property 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);
- for security purposes at “open for inspections”;
- to contact you with respect to properties you have inspected and others which we believe may interest you;
- to facilitate the payment/release of security bonds to/from rental bond authorities;
- to maintain social media channels on which we have a presence;
- to help us manage, develop and enhance our services, including our Website and applications;
- to provide and market our products or services; and
- to tell you about other providers or suppliers that supply information, goods or services that may be of interest or applicable to you.
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 for the purposes of assisting us to run our business and comply with our legal obligations, and to provide products, services and information to you.
The third parties to whom we may disclose your personal information include:
- our staff and related companies (including staff of those related companies);
- prospective purchasers or tenants concerning your property;
- third parties that assist us in providing our services and complying with our legal obligations (including client due diligence software provider(s), hosting and data storage providers, database or computer system managers, advertising or marketing entities, and debt collectors, whether located within or outside Australia);
- third parties that have requested us to provide services to you or who co-operate with us in offering products or services;
- tradesmen and other service providers who may undertake property repairs or maintenance;
- prospective tenants to contact you for an inspection;
- courts, tribunals, statutory bodies or other third parties for the purposes for fulfilling our legal obligations;
- our professional advisors;
- your professional advisors (including lawyers, conveyancers or accountants) to facilitate necessary services associated with the sale, purchase or leasing of property;
- the professional advisors of prospective purchasers (including lawyers, conveyancers or accountants);
- the general public when advertising or marketing your property (or a property of which you are 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; and
- regulatory bodies or government or law enforcement agencies to comply with our legal obligations, including under the AML/CTF Act.
The privacy and collection practices of entities to whom we disclose personal information are governed by their own privacy policies and collection notices.
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 of property related issues or other services that we can offer to you, including properties of which we are appointed as real estate agents. If you provide us with your email address you are consenting to receiving electronic mail correspondence from us in the form of an individual email or as part of our email marketing campaigns.
How can you access or correct your personal information, or unsubscribe?
Subject to the exceptions set out in the Privacy Act, 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 Policy. 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 are otherwise not likely to disclose your personal information to overseas recipients unless it is with your consent, or the disclosure is required or authorised by law.
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.
Security
We will take reasonable precautions (including implementing technical and organisational measures) to protect your information from misuse, interference and loss, as well as from unauthorised access, modification or disclosure.
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.
We will retain your information as required by law, and then take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed.
Changes to this Privacy Policy
This Privacy Policy will be reviewed from time to time to take account new laws and technology, changes to our operations and practices, the changing business environment and any other reason as determined by Kay & Burton. The most current version of this Privacy Policy is located at www.kayburton.com.au/privacy-policy and can also be obtained by contacting our Privacy Officer at privacy@kayburton.com.au.
Change in control of Kay & Burton
If we sell or otherwise transfer part or the whole of our business to another organisation (including in the course of a transaction like a restructure, sale, merger or acquisition or as part of a bankruptcy, dissolution, liquidation, administration, receivership or other form or insolvency), you agree that your personal information that is collected by Kay & Burton may be disclosed to a third party, prospective buyer, transferee or insolvency practitioner and that this is reasonable to enable that party to continue to manage the practice.
Quality of personal information and accessing and updating information
We aim to ensure the personal information that we hold about you is accurate, complete and up to date, but we need your help in with this. You need to provide true, accurate, current and complete information about yourself as requested and properly update the information with us to keep it true, accurate, current and complete.
If you believe that the personal information we hold about you is inaccurate or incomplete, please contact us at the details below and we will use all reasonable efforts to correct the information.
If we do not believe the personal information to be incorrect, we will take reasonable steps to add a statement to the information noting that you believe the information is inaccurate, incomplete, out of date.
You have rights to access your personal information held by us subject to the provisions of the Privacy Act. If you would like more information about this, please contact our Privacy Officer at privacy@kayburton.com.au.
Complaints, corrections, feedback or questions:
We welcome any feedback you may have regarding our Privacy Policy. 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 also make a complaint to the Office of the Australian Information Commissioner:
GPO Box 5218
Sydney NSW 2001
Email: enquiries@oaic.gov.au
Tel: 1300 363 992
Contacting us
If you have any questions about this Privacy Policy or our privacy practices, would like to make a complaint or request access to or correction of your personal information, please contact our Privacy Officer at privacy@kayburton.com.au or the relevant office.