Thomas Archer Privacy Policy Statement.

This Privacy Policy sets out the policy of Thomas Archer Homes Pty Ltd (“Thomas Archer”) with respect to the way in which we obtain, use and disclose Personal Information about you, including through our website at www.thomasarcher.com.au.  We are bound by the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“the Act”).

We understand and appreciate that you are concerned about privacy. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.

This Privacy Policy Statement applies to us but not to other companies, organisations or websites to which we are linked.    It covers Personal Information collected, used and disclosed by us in relation to any of the following:

  • purchasers who have engaged or who have enquired about engaging us;
  • suppliers engaged by us;
  • independent contractors or agents or any person who applies to become such an independent contractor or agent;  and
  • employees (except where the use or disclosure is directly related to the relationship between us as employer and you as the employee and relates to an “employee record” about you as a present or past employee) and any person who applies to become an employee.

What Personal Information do we collect from you?

For the purposes of this Statement, “Personal Information” is information or an opinion, whether true or not, about an identified individual or an individual who is reasonably identifiable, whether or not it is recorded in a material form. The types of Personal Information generally collected by us may differ, depending on whether you are or would like to become a vendor, purchaser, landlord, tenant, supplier, employee, agent or independent contractor.

Generally, the type of Personal Information collected by us includes your name, address, mobile and telephone numbers, facsimile number and e-mail address.

If you are a supplier, we may also require details of your company’s ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, your employer and occupation details.

If you are a customer, we will require financial information including bank account and credit card details.

From our employees and/or prospective employees, we may also collect the following types of information: emergency contact details, qualifications, previous employment details, driver’s licence numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, where relevant visa and immigration information and information relating to performance and conduct.

From time to time, photos or videos may be taken for marketing and promotional purposes which may include images of employees, independent contractors, suppliers and/or customers, from which individuals may be able to be identified but we won’t do this without your prior written consent.

When you visit our website or any social media site established by us, for example, Facebook, Instagram, (“Social Media Sites”), we may be able to obtain other information about you which may itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (“Other Sites”).  The level of information to which we have access may depend on your privacy settings on such Other Sites.

In some circumstances, you may deal with us anonymously or using a pseudonym.  However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to carry out the services requested by you.

How do we collect your Personal Information?

Personal Information may be collected as follows:

  • when you provide us with your contact details, communicate with us and/or engage us or make enquiries about engaging us to perform services for you, by, for example, attending one of our offices, attending an open house, making enquiries via internet, email or phone; and/or
  • when you negotiate with us in respect of purchasing or building a Thomas Archer home;
  • when you provide your details to us at via our website, including but not limited to when you sign up for a newsletter, book a tour of an Open House, or actively Contact Us;
  • when you participate in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, sharing any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (“Social Media Activity”)
  • from third parties such as credit reporting agencies;
  • from publicly available sources of information; and
  • through analysis of the Social Media Sites conducted by us or by third parties on our behalf;
  • any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.

When you look at our website, we may make a record of your visit. The following information may be logged for statistical purposes:

  • Your Internet protocol (IP) address;
  • The date and time of your visit to the site;
  • The pages you have accessed and documents downloaded; and
  • The type of browser you were using.

Any such statistical analysis does not identify you.

Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site and also to push advertisements to your internet protocol address.  Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them.  However, your use of our website may be affected.

How do we use your Personal Information?

Any Personal Information that we collect will be used by us to enable us to provide you with the services that you have requested or otherwise to enable us to carry out our functions as professional real estate agents and for the following purposes:

  • supplying our goods and services to you;
  • providing quality assurance for our services;
  • responding to your enquiries and feedback regarding our business, our goods and services;
  • monitoring the performance of our business;
  • marketing including email marketing, promotional and educative activities, including to advise you about opportunities and other matters that we believe may be of interest to you;
  • enforcing the terms and conditions of our engagement with you;
  • ensuring compliance with our statutory obligations;
  • conducting appropriate credit checks; and
  • referral to a mortgage broker or financier, subject to express consent.

We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.  You specifically authorise us to use and disclose your Personal Information in the following ways and for the following purposes:

  • of or incidental to promotion and marketing to you of our services, including but not limited to, advising you about opportunities and other matters that we believe may be of interest to you;
  • to trades people and to other persons to whom we outsource or sub-contract our functions;
  • to property inspection consultants, to owners corporations, to government and statutory bodies;
  • To third party consultants who may from time to time manage our database or computer system;
  • Of or incidental to a sale of all or part of our business to a third party; and
  • Any other disclosure of or incidental to our carrying out our functions as designers and builders.

Disclosure of your Personal Information via Social Media Sites

By engaging in any Social Media Activity on our Social Media Sites, you agree to and are subject to the terms and conditions of such Social Media Sites.  Any Personal Information shared by you onto Social Media Sites can be disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.

Generally, photos and other material shared on Social Media Sites will be able to be viewed by the general public.  Such material may be shared by others repeatedly and will be visible by anyone visiting the locations to which the material has been shared.  You may be able to remove the material that you have shared from the location at which you shared it. However, any material that has been re-shared will be out of our control and neither you nor we will be able to remove it from any subsequently shared location.  We are not responsible for any material that has been shared by you.

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 Social Media Sites.

Cross Border Disclosure

We do not actively disclose your Personal Information overseas.  However, some programs, software, online tools, or Social Media Sites used by us, may be based in and/or housed overseas.  For example, MailChimp is based in the United States of America. Our use of such products may involve disclosure of your Personal Information to such organisations overseas.  Use and disclosure of your Personal Information by such overseas organisations is in accordance with the terms and conditions and privacy policies of such organisations. MailChimp’s privacy policy is located at: https://mailchimp.com/legal/privacy/.

If you consent to disclosure of some of your Personal Information in this manner, we are not required to take steps as are reasonable in the circumstances to ensure that such organisations do not breach the APPs in relation to the disclosed information.  Having been informed of the possibility that such disclosure may occur, you consent to that disclosure by undertaking or continuing to undertake the type of activities indicating your consent, as specified above.

Direct Marketing

You acknowledge that where we reasonably determine it to be appropriate, we may add some of your Personal Information including your name, address, phone numbers, facsimile number and email address to our databases or databases of our related companies. The databases will be used for ongoing marketing and sales related purposes or to advise you of the other services we offer.

The type of marketing and sales activities that we undertake includes sending material to you so that you are kept updated in relation to various property related issues or other services that we can offer you.

In each direct marketing communication that you receive from us we will attach prominent and simple instructions on how you can immediately unsubscribe from our mailing list. You can also opt out from receiving direct marketing material by emailing our Privacy Officer and asking to be removed from the mailing list. Alternatively, you can fax or mail a request asking for deletion. Contact details are set out below. There is no fee for such deletion.

Security

We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect it from misuse, interference, loss, unauthorised access, modification or disclosure, including:

  • ensuring the physical security of our premises and databases/records;
  • restricting access to personnel who need that information in order for us to be able to provide our products and services; and
  • industry standard technological measures, such as computer passwords, data back-up, anti-virus software and firewalls.

Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated.  When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting such information across the Internet.

Our website may contain links to other websites. We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.

We cannot provide any guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the Internet.

Access to your Personal Information

Our Privacy Officer will ensure that your Personal Information is accurate, complete and up to date and relevant to the purpose for which we are able to use your Personal Information.

We take reasonable steps to destroy or permanently de-identify Personal Information that is no longer required.  However, we may be required by law to retain our files and file information which contain your Personal Information for up to seven years.

If you wish to view the Personal Information we hold about you, please send your request by e-mail, mail or fax to our Privacy Officer.  Please see contact details at the end of this Privacy Policy Statement. A fee may apply for such access. If we deny your request for access, we will let you know why.

If you wish to amend your Personal Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, please contact our Privacy Officer.  There is no fee for updating your Personal Information. If we refuse to amend information we hold about you, we will let you know why.

Changes to our Privacy Policy

From time to time we may decide to amend or update this Privacy Policy.  When this occurs, we will post the new version of the Privacy Policy on our website.  We encourage you to periodically review this Privacy Policy so that you remain informed as to how we are protecting your Personal Information.

Complaints

If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us, please contact our Privacy Officer.

Our Privacy Officer is responsible for liaising with you and with the relevant parties to ensure that the issues you have raised are fully examined, and that your complaint is handled in accordance with this process.

We will treat the process, and all the details of your complaint, in strict confidence. If we need to discuss any issues arising from your complaint with outside of directly related parties, we will obtain your consent first.

We will always try to give you a fair opportunity to explain your case. You should make your initial complaint as clear as possible. .  Please provide as much detail as possible about the nature of your complaint including the outcome you would like in order to resolve the matter.  We may want to meet you in person to discuss your concerns and try to find a satisfactory solution.

What action will we take in response to your complaint?

We will endeavour to resolve your complaint as soon as possible.   However, the length of this time will depend on the nature and complexity of the issues you have raised.  You will receive acknowledgement of receipt of the complaint from us within five business days. We will give you an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.

If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.

Some of the things that we decide to do include:

  • take steps to rectify the problem or issue you have raised
  • provide you with additional information or advice so you can understand what happened or how we have dealt with it
  • take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things

It will not always be possible to resolve a complaint to everyone’s satisfaction, and you might want to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at:   http://www.oaic.gov.au/privacy/making-a-privacy-complaint.

CONTACT DETAILS

Thomas Archer Homes Pty Ltd

11 Corporate Drive
HEATHERTON VIC 3202

Privacy Officer:

Telephone No: (03) 9999 5967

Email: info@thomasarcher.com.au