Privacy Policies

Complaints Privacy Policy

Last updated: 29 March 2016

The Privacy Act 1988 (Cth) (the Act) allows for your ‘personal information’, including ‘sensitive information’ (which are defined in the Act) to be collected, used and disclosed provided The Real Estate Institute of New South Wales (REINSW) has given you notice and, in certain circumstances, obtained your consent. This Privacy Policy only applies to the extent REINSW collects, uses and discloses personal information. Unless stated otherwise below, in this Privacy Policy and, where appropriate, a reference to ‘personal information’ includes ‘sensitive information’.REINSW may update, revise, amend or replace this Privacy Policy from time to time and may subsequently notify you of any changes to this Privacy Policy by updating it on REINSW’s website or by other written notification to you. Any changes to this Privacy Policy take effect upon the earlier of the update to the website or other notification to you. 

How REINSW collects personal information from you 

REINSW may collect personal information about you in the following circumstances: 

  • when REINSW receives a complaint (the Complaint) from anyone (the Complainant); and 
  • when REINSW corresponds and/or exchanges information about the Complaint with the Complainant or anyone else. 

How REINSW collects personal information from other sources

REINSW can collect personal information from other sources in any manner permitted by the Act. REINSW will only collect personal information from other sources where it is both lawful and reasonably necessary for REINSW to do so in relation to, or in connection with, the Complaint. Examples of such sources of personal information include:

  • from agents, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with the Complaint;
  • from government and/or regulatory bodies including (without limitation) NSW Fair Trading and the Australian Securities and Investments Commission; 
  • from public registers including (without limitation) those managed by the NSW Land & Property Information;
  • from publicly available information;
  • from property valuers or related service providers; 
  • from Courts and tribunals; 
  • from our other service providers including any third party that has been authorised to supply REINSW with personal information in connection with the Complaint.

How your personal information may be used

REINSW may collect and disclose personal information for the following purposes including: 

  • to identify and/or verify the identity of a Complainant;
  • to correspond and/or exchange information with the Complainant and/or anyone else in relation to the Complaint;
  • to process, manage, handle, negotiate and/or resolve a Complaint (including if REINSW considers appropriate to refer the Complainant to an external dispute resolution process); 
  • to comply with any applicable law in relation to or in connection with the Complaint as well as our handling of the Complaint, including to comply with any dispute resolution or other legal process;
  • to allow REINSW to operate efficiently and to perform administrative and operational tasks; 
  • to update our records and contact details; 
  • any other purpose to which you have consented; or
  • as required by law.

How REINSW shares your personal information

Sharing personal information with third parties
REINSW may disclose personal information to third parties in relation to a Complaint. These third parties may include:

  • each of the Complainants and REINSW’s agents, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with the Complaint;
  • government and/or regulatory bodies including (without limitation) the NSW Land and Property Information, NSW Fair Trading and the NSW Office of State Revenue. In many cases, these organisations may share information with
  • foreign authorities; 
  • Courts and tribunals;
  • service providers including (without limitation) IT and data consultants, agents, contractors and advisers that assist REINSW to conduct, process, manage, handle, negotiate and/or resolve a Complaint; and
    as required by law.

Sharing personal information with related companies

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

Sharing personal information outside of Australia

REINSW 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.

REINSW 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 REINSW, it may not be possible for REINSW to respond to your Complaint.

Personal information about other people

If you give REINSW personal information about any other person in relation to, or in connection with, any Complaint:

  • REINSW is entitled to assume that you have sought their consent to the disclosure of such personal information to REINSW;
  • REINSW has collected their personal information for the purposes set out in this Privacy Policy;
  • REINSW may exchange their personal information with other entities for the purposes set out in this Privacy Policy;
  • REINSW will handle their personal information in the same way as it handles your personal information (as set out in this Privacy Policy) and they are entitled to:
    • access or request a copy of this Privacy Policy; or
    • access the personal information which REINSW holds about them. 
Anonymity and pseudonymity

Unless compelled to do so by law, REINSW is not able to deal with any Complaint in relation to a Complainant who does not wish to identify themselves. This is because among the tasks that REINSW needs to perform in relation to the Complaint, REINSW will need to:

  • talk to, or correspond with, the Complainant and, in doing so, must be reasonably satisfied as to the identity of the Complainant; 
  • reduce the risk of false or vexatious complaints being made; and
  • identify the Complainant to the agent the subject of the Complaint so that the agent is able to recall the Complainant and the facts surrounding the Complaint. 

Information security

REINSW takes reasonable steps to protect all personal and sensitive information which it holds from misuse, loss, unauthorised access, modification or disclosure.

Accessing your Personal Information

Unless REINSW is entitled to withhold access to your personal information (and there are various reasons why this may be the case), you have the right to request access to any personal information held by REINSW which relates to you.

REINSW may charge a reasonable fee where access to personal information is provided (no fee may be charged for making an application to access personal information). 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 
The Real Estate Institute of NSW
30-32 Wentworth Avenue, Sydney NSW 2000
privacy@reinsw.com.au 

Acceptance of this Privacy Policy

By making a Complaint and not withdrawing the Complaint or otherwise indicating your disapproval of this Privacy Policy, the Complainant acknowledges having read and understood this Privacy Policy and the permissions to collect, use and disclose personal information, and authorises REINSW to collect, use and disclose, in accordance with the Act, their personal information for the purposes specified in this Privacy Policy.