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 Limited (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 otherwise stated 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 from you in the following circumstances:
- when REINSW receives a request (the Request) to appoint an industry expert to carry out the requirements in a Court Order, lease or other relevant document (the Presidential Appointment);
- when REINSW corresponds and exchanges information with the party making the Request or any other party related to or connected with the Request or Presidential Appointment, including (but without limitation), agents, valuers, insurers and underwriters, contractors, legal, financial and other advisors, or parties to or connected with an agreement, deed, transaction or legal proceedings (being Related Parties);
- to satisfy itself that a person has the requisite qualifications, insurances, expertise and any other matter REINSW considers appropriate (at its sole discretion) for appointment as the industry expert with respect to the Presidential Appointment.
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 Request or the Presidential Appointment. Examples of such sources of personal information include:
- from agents, valuers, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with the Request, the relevant Court Order and/or Presidential Appointment;
- from government and/or regulatory agencies or bodies including (without limitation) NSW Fair Trading and the Australian Securities and Investments Commission;
- from public registers and private databases linked to 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; and
- from our other service providers including any third party that has been authorised to supply REINSW with personal information in connection with the Request and/or Presidential Appointment.
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 any party making a Request or a Related Party;
- to correspond and exchange information with the party making the Request or a Related Party;
- to correspond and exchange information with the relevant industry expert in connection with the Request and the proposed Presidential Appointment;
- to arrange, process and make a Presidential Appointment;
- to process payment for the Presidential Appointment;
- to exchange personal information with the relevant payment provider;
- to comply with any applicable law in connection with the Request and the Presidential Appointment 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 any Request or Presidential Appointment. These third parties may include:
- relevant industry experts including (without limitation) agents and valuers, insurers and underwriters, contractors, legal, financial and other advisors of the relevant parties (including the Related Parties) in relation to or in connection with the Request or the Presidential Appointment;
- government and/or regulatory agencies or bodies including (without limitation) NSW Fair Trading. In many cases, these organisations may share information with foreign authorities;
- Courts and tribunals;
- related entities;
- service providers and other third parties engaged by REINSW including (without limitation) IT and data consultants, agents, valuers, contractors, preferred suppliers and advisers that assist REINSW to conduct and process any Request and to arrange and make a Presidential Appointment; and
- as required by law.
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 it to respond to a Request or make a Presidential Appointment.
Personal information about other people.
If you give REINSW personal information about any other person in relation to, or in connection with, any Request or Presidential Appointment:
- 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
REINSW is not able to deal with any Request and/or make a Presidential Appointment to individuals who do not wish to identify themselves.
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 REINSW’s management of personal information or have any queries or complaints, you should contact:
The Privacy Officer
The Real Estate Institute of New South Wales Limited
30-32 Wentworth Avenue, Sydney NSW 2000
[email protected]
Acceptance of this Privacy Police
By making, or otherwise being a party to, a Request (including being a Related Party) and not otherwise withdrawing the Request, you acknowledge having read and understood this Privacy Policy and the permissions to collect, use and disclose personal information, and you authorise REINSW to collect, use and disclose, in accordance with the Act, your personal information for the purposes specified in this Privacy Policy.