The Home Bureau Property Agents General Privacy Policy

The Home Bureau Property Agents
Privacy Policy & Collection Notice

The Privacy Act 1988 (Cth)(the Act) allows for ‘personal information’, including ‘sensitive information’ (which are defined in the Act) about you to be collected, used and disclosed provided we have provided you with notice and in certain circumstances also obtained your consent. In this Privacy Policy and, where appropriate, a reference to ‘personal information’ includes ‘sensitive information’.

We may (from time to time) update, revise, amend or replace this Privacy Policy by posting any changes to it on our website or by giving you any other form of notification.

This Privacy Policy is available on our website, at our office and may also be made available to you at any property inspection or when we first communicate with you by email.

What personal information do we collect?

We may collect your name, mailing or street address, contact details,, age or birth date, profession, occupation or job title, complaint details, and any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence, through our representatives or otherwise and information you provide to us through our service centre, customer surveys or visits by our representatives from time to time.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our website.

How we collect personal information from you

We will collect personal information from you in the following circumstances:

Property Management

  • if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to identify you and the property;
  • if you are a prospective or current tenant and/or you inspect any rental property, then we will collect personal information from you when you attend the property inspection; and
  • if you are a prospective or current tenant and you want to rent a property, then we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply. If you are the successful tenant then we may also collect personal information from you during the continuation of any tenancy or lease agreement with the landlord.

Sales

  • if you are a prospective or current vendor and you want us to act as your sales agent, then we will collect personal information from you in order to identify you and the property;
  • if you are a prospective or current purchaser and you inspect any property, then we will collect personal information from you when you attend the inspection; and
  • subject to the other provisions of this Privacy Policy, we may also collect personal information from you when you make any other enquiry with us about the property.

Strata Management 

  • if you are a prospective or current owner of a strata title lot in a strata scheme and we are appointed as the strata managing agent of that strata scheme, then we will collect personal information from you in order to identify you and the property; and
  • subject to the other provisions of this Privacy Policy, we may also collect personal information from you when you make any other enquiry with us about the strata management of your property.

How we collect personal information from other sources

We can collect personal information about you from other sources in any manner permitted by the Act. We will only collect personal information from other sources where it is reasonably necessary for us to do so in relation to, or in connection with, any services we are supplying in connection with our real estate and/or strata agency business. Examples of such sources of personal information include:

  • from your agents, other owners, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with any tenancy, lease or contract for sale of the property;
  • from public registers including those managed by the NSW Land & Property Information;
  • from publicly available information;
  • from property valuers or related service providers; and
  • from our other service providers including any third party that has been authorised to supply us with personal information.

When the law authorises or requires collection of personal information

There are laws that may require us to collect and disclose your personal information. For example, we may be required to collect and disclose your personal information pursuant to the Property, Stock and Business Agents Act 2002 (NSW), including any regulation under that law.

How your personal information may be used

We may collect and disclose your personal information for the following purposes including

Property Management

  • to identify and/or verify the identity of any prospective or actual landlord or tenant for any property we manage or propose to manage;
  • to process and assess any application received in relation to a tenancy or lease of any property;
  • to advertise, market and promote any tenancy or lease of any property;
  • to negotiate and prepare any tenancy agreement, lease or any other document for any property;
  • to liaise and exchange information with the landlord or the tenant as well as their agents, contractors, legal, financial and other advisors in relation to or in connection with any tenancy or lease of the property;
  • to manage any tenancy or lease agreement including the collection of rent and other amounts on behalf of the landlord and the preparation of required statements of account;
  • to ensure the safety and security of landlords and existing occupiers and of each of their property in connection with the inspection of any property by prospective tenants;
  • to provide your insurer with information relating to or connected with any property;
  • to comply with any applicable law in connection with the tenancy agreement or lease;
  • to confirm whether the landlord or tenant is registered for GST purposes;
  • to tell you about any other rental property that we are managing or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Sales

  • to identify and/or verify the identity of any prospective or actual vendor for any property;
  • to advertise, market and promote the sale of any property;
  • to negotiate and manage the sale of any property (including to provide non-legal assistance with the exchange of the contracts for the sale of property as well as the preparation of any required statements of account);
  • to liaise and exchange information with the vendor, purchaser (including any prospective purchaser) as well with their respective agents, contractors, legal, financial and other advisors in relation to or in connection with the sale of the property;
  • to ensure the safety and security of vendors and existing occupiers and of each of their property in connection with auctions and the inspection of any property by prospective purchasers;
  • to comply with any applicable law in connection with the sale of the property;
  • to confirm whether the vendor or purchaser is registered for GST purposes;
  • to tell you about any other property that we are selling or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Strata Management

  • to identify and/or verify the identity of any owner of a strata title lot in a strata scheme we manage or propose to manage;
  • to liase and exchange information with any owner of a strata title lot in a strata scheme as well as their agents, tenants, contractors, legal, financial and other advisors;
  • to ensure the safety and security of owners, existing occupiers and users of common areas of any strata title lot in a strata scheme;
  • to comply with any applicable law in connection with the management of the relevant strata scheme;
  • to confirm whether the owners corporation or body corporate is registered for GST purposes; and
  • to tell you about any other strata scheme that we or a related body corporate are managing or any other service that we or a related body corporate provide, unless you tell us not to (this is referred to as direct marketing);

Automated Decision Making

  • to be used in the operation of ADM (e.g. computer programs) to make various decisions that may impact our services, including but not limited to client’s rights under an arrangement and access to a significant service or support;

Generally

  • to provide statistical and other information to the Real Estate Institute of New South Wales;
  • to allow us to run our business efficiently and to perform administrative and operational tasks;
  • to comply with any dispute resolution or other legal process;
  • to act on behalf of clients in accordance with any agency agreement and to comply with our obligations under that agreement;
  • in order to update our records and your contact details;
  • to operate controlled money accounts;
  • if we enter into or propose to enter into any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), then we may provide that party (including its legal, financial and other professional advisers) with personal information in relation to or in connection with those arrangements; and
  • any other purpose to which you have consented.

You can tell us at any time if you no longer wish to receive direct marketing information or offers from us. We will process your request as soon as reasonably practicable after receipt of the request.

How we share your personal information

Sharing personal information with third parties

We may seek and use personal information about you from, and use or disclose personal information about you to, third parties in relation to or in connection with the potential or actual rental of a property, the sale and purchase of a property or other business or administrative functions for the real estate and/or strata agency. These third parties may include:

  • your representatives, attorneys, lawyers, settlement agents, accountants, brokers;
  • any conjunction, co-listing, buyers’ or other property agents that acts on your behalf in connection with the rental, leasing, sale and purchase of property;
  • auctioneers;
  • your financier including any mortgage brokers that may be assisting you with any existing mortgage loan or application in relation to the sale or purchase of property;
  • valuers, surveyors, insurers, re-insurers, claim assessors and investigators;
  • financial institutions including deposit taking institutions;
  • if you are a tenant, including any prospective tenant, your referees, including your employer or other individuals to confirm your identity and/or other details about you in any rental application that you submit;
  • organisations in and associated with debt collecting;
  • law enforcement agencies;
  • government and/or regulatory bodies including (without limitation) the NSW Land and Property Management Authority, Australian Taxation Office, the NSW Office of State Revenue. In many cases, these organisations may share information with foreign authorities;
  • mailing houses and telemarketing agencies that assist us to communicate with you;
  • if we enter into, or propose to enter into, any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), that party (including its legal, financial and other professional advisers) to provide personal information in relation to or in connection with those arrangements; and
  • service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business.

Sharing personal information with related companies

We may share personal information about you with our related companies for any of the purposes described above.

Sharing personal information outside of Australia

We may store information about you in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held.

We will take reasonable steps to ensure that any overseas organisation that receives your personal information will comply with the Act.

If you do not provide personal information

If you do not provide your personal information to us, it may not be possible to provide you with the service that you have requested or applied for, for example:

  • if personal information is not disclosed in a rental application by a prospective tenant, then we may be unable to process the application and/or submit it to the landlord for their consideration or approval. If you enter into a rental or lease agreement, you will need to be identified and your personal information will be included in the rental or lease agreement;
  • if personal information is not disclosed by a vendor in connection with the sale of their property, we will not be able to verify that they are the owner of the property and/or to advertise and market the property;
  • if personal information is not disclosed by a prospective purchaser at an open inspection, then we may not be able to admit them into the inspection;
  • if personal information is not disclosed by a prospective purchaser at an auction, then we will not be able to register them as a bidder;
  • if personal information is not disclosed by an owner in connection with the management of their strata scheme or their property, then we will not be able to verify that they are the owner of the property and manage the strata scheme; and
  • to let you know about other services we provide that might be suitable for your needs (unless you opt out of this by telling us that you do not wish to receive such information).

Personal information about other people

If you give us personal information about any other person in relation to, or in connection with, the rental/lease or sale of any property:

  • we are entitled to assume that you have sought their consent to the disclosure of such personal information to us;
  • we have collected their personal information for the purposes set out in this Privacy Policy;
  • we may exchange their personal information with other organisations for the purposes set out in this Privacy Policy;
  • we will handle their personal information in the same way as set out in this Privacy Policy and they can:
    • access or request a copy of this Privacy Policy; or
    • access the personal information we hold about them.

Anonymity and pseudonymity

We are not always able to deal with people who do not wish to identify themselves. This will be particularly the case when we are proposing to, or we do, act for a vendor or a landlord in relation to either the sale or rental/lease of any property. This will also apply where we are also dealing with actual or prospective tenants for any rental property that we manage.

Further, we are not able to allow people through any property inspections who do not wish to identify themselves as this can create security and other concerns for the property owner (among other considerations).

However, where possible, we can provide information of a general nature such as, for example, we can respond to general telephone and related enquiries about a rental/lease or sale property to unidentified individuals. Of course, if an individual makes an enquiry by email or other electronic or written methods then there is every possibility that the mode of communication may identify you.

Information security

We take reasonable steps to protect all information which we hold (including any personal or sensitive information) from misuse, loss, unauthorised access, modification or disclosure.

Marketing and opt-out

We may also use the information, including personal information (excluding sensitive information), provided by you for marketing and research purposes, to analyse and improve products, services and benefits and to inform you of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to you, unless you tell us (see the marketing opt-out below), or have previously told us not to. We will not use your sensitive information for these purposes without your consent.

Accessing your Personal Information

Unless we are entitled to withhold access to your personal information (there are various reasons why this may be the case), you have the right to request access to any personal information held by us which relates to you. We may charge a reasonable fee where access to personal information is provided. Any requests for access to your personal information should be made in writing to the Privacy Officer (details specified below). You also have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date.

If you require any further information about our management of personal information or have any queries or complaints, you should contact:

The Privacy Officer
Rebecca Baldwin
85 Bathurst St, Pitt Town
Tel: 0429 796 858
Email: rebecca@thehomebureau.com.au

The Office of the Information Commissioner can be contacted as follows:

Phone enquiries 1300 363 992
Mon–Thurs
10am–4pm AEST/AEDT
Online enquiries Enquiry form
Post GPO Box 5288
Sydney NSW 2001
Fax +61 2 9284 9666
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Terms and Conditions

Promotion
The Home Bureau Property Agents’ “Festival of Frights” (“The Promotion”)

Promoter
The Home Bureau Property Agents Pty Ltd


Website
https://www.thehomebureau.com.au/

Promotional Period
The Promotion starts at 12:01am AEST on 1st October 2023 and closes at 11:59pm AEDT on 31st October 2023.

Entry Restrictions
Entrants must be Australian residents aged 18 years or over (“Eligible Entrant”), or have parental/guardian permission to enter if under the age of 18 years.

Entry Method
To enter, Eligible Entrants must during the Promotional Period:

  1. Go to https://www.thehomebureau.com.au/ during the promotional period;
  2. Fill in the online form and upload an original Halloween-themed artwork
  3. Click on ‘submit’ to finalise their entry.

The Promoter will conduct a Draw in accordance with Draw Details from all entries received to determine winner.

Maximum entries permitted
One (1) entry per person.

Draw Details
Judging to determine the winner will take place 85 Bathurst Street Pitt Town on 1st November 2023 at 12pm AEDT. The judging is at the sole discretion of The Promotor. The selected entry will be deemed to be the Prize Winner and will win a Teen Gift Card to the value of $50.

Conditions of prize
As per conditions of entry. Prizes are not transferable & cannot be converted to cash. Teen gift card are subject to terms and conditions which can be accessed via the URL on the card.

Prize Winner Notification
The Major Prize Winners will be notified by via email or telephone by 5.00pm AEDT on 1st November 2023.

Prize Winner Publication Details
The first name and suburb of residency and a photo of the Major Prize Winner collecting the prize will be published on https://www.thehomebureau.com.au/ and on The Promoters Facebook & Instagram pages by 5.00pm AEDT on 1st November 2023.

Prize Claim Date
The Prize must be claimed by 5.00pm AEDT on 10th November 2023 by responding to the Prize Winner Notification. If the prize is not claimed by the Prize Claim Date, the prize may be forfeited, and the Promoter may determine an alternative winner.

Re-Draw, Prize Winner Notification and Publication Details
In the event that the prize is not claimed by the Prize Claim Date, or an entry is deemed invalid, or otherwise forfeited, the Promoter will conduct a further draw to determine a new prize winner, at 85 Bathurst Street Pitt Town on 15th November 2023 at 12pm AEDT. The judging is at the sole discretion of The Promotor. The selected entry will be deemed to be the Prize Winner and will win a Teen Gift Card to the value of $50.

Conditions of Entry
These Conditions of Entry are to be read in conjunction with the Schedule to Conditions of Entry. To the extent that there is any inconsistency between the Conditions of Entry and the Schedule to Conditions of Entry, the Schedule to Condition of Entry prevails.

Information on how to enter & prizes form part of these terms & conditions. Any entry not complying with these Conditions of Entry and Schedule to Conditions of Entry is invalid.

Standard entry restriction: Employees of the Promoter, the Promoter’s associated companies, the Promoter’s agencies associated with the Promotion and their immediate families are ineligible to enter.

Promotional Period: The Promotion will take place during the Promotional Period. Any entry that occurs outside this period is invalid.

Receipt of entries for electronic entries: Entries are deemed to be received at the time of receipt into the Promoter’s database. The Promoter is not responsible for incorrect, inaccurate, incomplete, late, lost or misdirected information caused by an entrant or occurring during transmission.

Games of Chance: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.

Games of skill: All decisions are at the discretion of the Promoter and no correspondence will be entered into in this regard.

Verification Requirements: The Promoter may require the entrant to provide proof of identity, age, and residency. Where the Promotion requires the purchase of a product(s), the Promoter reserves the absolute discretion to require any prize winner to produce the original purchase receipt/s for every entry they or their household made during the Promotion period in order to claim a prize. If an entry cannot be verified to the Promoter’s satisfaction, the entry will be invalid.

Monetary Prizes: If money is offered as a prize, the prize may be awarded in a cheque form or by eftpos transfer to a nominated bank account. If the prize is to be delivered by eftpos, the winner will be required to advise the Promoter of their nominated bank account details for their prize money to be deposited. Eftpos transfers may take up to 30 days to process.

Tickets to an Event or an Experience: If tickets to an event or an experience are offered as a prize, the prize will be subject to the organiser’s terms. The Promoter is not liable for any cancellation or re-scheduling that may prevent prize fulfilment. The tickets to the event cannot be converted to cash nor replaced if lost, stolen or defaced. Tickets can only be used on the date(s) specified on the ticket.

Trip Prize: If travel is offered as a prize, flights and accommodation are subject to availability at time of booking. Additional spending money, meals, taxes, valid passports, visas, transport to & from departure point additional transfers, insurance & all other ancillary costs not specifically stated in the Schedule to Conditions of Entry are the responsibility of the winner. It is a condition of accepting the prize that all components of the prize be taken during the trip and all persons taking the trip depart from & return to the winner’s nearest capital city at the same time unless otherwise agreed by the Promoter & that all persons taking the trip sign a waiver of liability & an indemnity in the form determined by the Promoter in its absolute discretion.

Vouchers: If a voucher is offered as a prize, the prize will be subject to the issuer’s terms of use and are valid until the voucher expiry date stated on the voucher itself. The card cannot be converted to cash nor replaced if lost, stolen or defaced.

Vehicle: If a vehicle is offered as a prize, the vehicle includes registration, 3rd party insurance, a full tank of petrol and all on-road costs. Any additional costs including comprehensive insurance and additional optional extras are the responsibility of the winner.

Standard Prize Restriction: All prizes unless stated to the contrary are not transferable & cannot be converted to cash.

Prize Value: Prize value is correct at time of printing but no responsibility is accepted for any variation in the value of any prize.

Prize Delivery: Prizes will only be delivered in Australia and each winner should allow 28 days from prize winner determination for delivery of their prize, or (if required) the date they advise the Promoter of their nominated Australian bank account details for their prize money to be deposited.

If a prize winner or participant is under the age of 18 years of age: The prize will be awarded to the winner’s parent/guardian on their behalf. The Promoter may require a winner under the age of 18 years to be accompanied by their parent or legal guardian throughout prize fulfilment.

If the prize becomes unavailable: The Promoter may substitute a different prize item of equal or greater value in the event that any prize item is unavailable despite the Promoter’s reasonable endeavours to procure within Australia. This substitution may be subject to any approval process required by any relevant gaming or lotteries authority if the Promotion is a game of chance.

Consumer Guarantee: Each prize winner should look to the manufacturer of products and provider of services awarded as prizes for all warranties. However, these terms and conditions do not exclude or limit the application of any statutory provision.

Tampering: The Promoter reserves the right to disqualify any individual entrant or group of entrants for tampering with the entry process. Tampering includes but is not limited to the utilisation of techniques designed to avoid payment of call costs or the making of multiple entries that are not associated with a separate eligible purchase, or submitting an entry which is not otherwise in accordance with these Conditions of Entry and Schedule to Conditions of Entry. Should the Promoter find evidence of tampering by an individual, in addition to declaring any or all entries made by that individual invalid, the Promoter may also preclude that entrant from participation future promotions of the Promoter.

Risks: The entrant acknowledges that participation in the Promotion and prize fulfilment may involve risk. The Promoter may require a winner (and their companions) to sign an indemnity and release prior to participation in the prize fulfilment or participation in the Promotion. The Promoter reserves the right to refuse to allow a winner (and their nominated companions) to take part in any or all aspects of a prize if the Promoter determines, in its absolute discretion, that a winner (and/or their nominated companions) are not in the mental or physical condition necessary to be able to safely participate.

Technical Malfunction: If for any reason this Promotion is not capable of running as planned, whether caused by computer virus, mobile phone failure, line drop out, bugs, tampering, unauthorised intervention, fraud, technical failures or any other cause beyond the control of the Promoter which corrupt or affect the administration, security, fairness or integrity of the Promotion, the Promoter reserves the right in its sole discretion, (subject to any written direction given by a relevant Regulatory Authority), to cancel, terminate, modify or suspend the Promotion. The Promoter is not responsible for any problems or technical malfunction of any telephone, telephone or computer network, or lines, servers, or telephone or internet providers, traffic congestion on any phone or computer network, or any combination thereof, including any injury or damage to participants or any other person’s handset or computer related to or resulting from participation or sending or receiving of any communication or of any materials in this Promotion.

Publicity: Winners may be required to participate in a follow-up interviews and publicity. By entering the Promotion and claiming a prize, the winner agrees that the Promoter may use their name, image and photograph/s for publicity and Promotion purposes, without compensation, and agrees that the Promoter will own copyright in any such images and photograph/s and in all material incorporating the photograph/s.

Entry Content: The Promoter may use their entry content, name, likeness, images, photograph/s, film and sound recordings and any other material created during their participation in the Promotion for publicity and promotion purposes for an unlimited time throughout the world without compensation in any media, social media, advertising and/or promoting any goods or services of the Promoter.

Copyright: It is a condition of participating in the Promotion that the entrant warrants that their entry is original and does not infringe the intellectual property of any third parties. The entrant assigns all rights, title and interest in their entry to the Promoter without compensation. The entrant further agrees not to object to the Promoters use of the entry material on the basis of any moral right. The Promoter may, if required request that an entrant complete any documentation necessary to give effect to this assignment of right, title and interest.

Liability: The Promoter is not liable for any loss or damage whatsoever which is suffered, including but not limited to indirect or consequential loss, or for personal injury suffered or sustained during the course of accepting or using the prize, except for any liability which cannot be excluded by law.

Disruptive, abusive, unsuitable entries: The Promoter may determine all entries invalid and/or preclude participation by an entrant if an entrant disrupts, annoys, abuses, acts contrary to law or engages in fraudulent misleading and deceptive conduct.

Tax: Winners should obtain their own independent financial advice in relation to any tax liability that may arise as a result of their participation in the Promotion.

Promoters Decisions: All decisions of the Promoter are at their complete discretions and are final. No correspondence will be entered into.

Social Media: The Promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Instagram or Twitter. Entrants completely release Facebook, Instagram or Twitter from any and all liability relating to the Promotion.

Privacy: Each entry becomes the property of the Promoter.