1.1. Unless otherwise specified, the definitions used in this Privacy Policy are the same as the definitions used in the Terms of Use Agreement.
1.2. This Privacy Policy forms part of the Terms of Use Agreement.
1.3. New Homes Guide Pty Ltd (“NHG”) (ABN 98 008 667 632) and its related corporations (as defined by the Corporations Act 2001 (Cth) in relation to newhomesguide.com.au
2.1 This Privacy Policy (“Policy”) applies to our collection and disclosure of your Personal Information when you deal with NHG including but not limited to when you:
(a) access the NHG web site located at newhomesguide.com.au ( “Website”);
(b) interact with NHG digital media channels;
(c) registering for an NHG advertising account;
(d) subscription to NHG mailing lists and newsletters;
(e) enter promotions or sweepstakes run by NHG.
(collectively referred to in this Policy as “Our Services” )
2.2. This Policy is intended to describe what information we collect; how we use it; and under what circumstances, if any, we disclose it. Please read this policy before using Our Services or submitting any Personal Information. By using Our Services, you are accepting the practices described in this Policy.
2.3. We are bound by the Australian Privacy Principles of the Privacy Act 1988 (Cth) (the “Act”) as amended from time to time, and are committed to safeguarding any and all of your Personal Information that we may hold from time to time in accordance with those principles.
2.4. For the purpose of this Policy, the term Personal Information, in addition to that which is defined in the Terms of Use Agreement, includes personal information obtained from an individual or third party which, under and in accordance with the Privacy Act may lawfully be exchanged.
2.5. We will not disclose your Personal Information collected about you otherwise than:
(a) for a purpose set out in this Policy or the Terms of Use Agreement; or
(b) for a purpose you would reasonably expect; or
(c) for a purpose required or permitted by law; or
(d) for a purpose otherwise disclosed to or permitted by you.
2.6. In respect of particular services that we may offer or provide to you, we may make other privacy disclosures to you or seek your authority to use your Personal Information in ways that are different from, or more specific than those stated in this Policy..
2.7. In the event of any inconsistency between the provisions of this Policy and those other disclosures, the other disclosures will prevail.
2.8. This Policy applies to Our Services only. The Website may contain links to third party products or websites which are not owned or controlled by us. We disclaim, and you agree to indemnify and hold NHG and its directors, officers, agents, employees and contractors (“Those Indemnified”) harmless against, any loss, cost, expense, damage or liability which may be incurred as a result of, or in relation to, or in connection with any third party’s use of your Personal Information contrary tothis Policy.
3.1 We will not ordinarily collect any Personal Information about you except where you provide it to us or it is provided to us with your authority.
3.2. In order to participate in using Our Services, we may request certain Personal Information from you on the registration form and require you to create a Profile.
3.3. We collect certain personal information (“Personal Information”) from you upon registration, which includes, but is not limited to:
(a) name;
(b) email address;
(c) telephone number
3.4. Personal Information that you provide will be used and disclosed in accordance with this Policy or otherwise in accordance with your express consent.
3.5. We will make every effort to advise you of the purposes for which we are required to collect your Personal Information before that Personal Information is to be collected.
3.6. Your use of Our Services may be recorded for demographic content and statistical purposes. We will use cookies, internet protocol addresses, browser information, operating system information and other information which do not identify you personally but which tracks your usage of Our Services.
3.7. We will collect Personal Information directly from you when you complete an online form upon registering for a user account or send us an enquiry or when you deal with us directly through any means, whether by telephone, email, post or in person, or when you use Our Services for any reason.
3.8. We generally collect Personal Information when it is voluntarily submitted by you. This Information is generally used and/or disclosed to fulfil your specific request to:
(a) provide you with the products and services you have requested from NHG;
(b) provide you with news and information about our products or services;
(c) to send marketing and promotional material to you that we believe you may be interested in which relates to NHG’s businesses or third party businesses;
(d) to communicate with you, including by email, mail or telephone, to conduct competitions or promotions on behalf of NHG and third parties;
(e) for all purposes necessary and incidental to the provision of any goods or services to you by NHG or anyone on behalf of or in affiliation with NHG;
(f) to verify your identity and personal information;
(g) to administer any contracts between you and NHG to investigate any complaints and to ensure that your activities are not unlawful. unless you give us permission to use it in other ways.
3.9. In the event that we receive unsolicited information about you, it will only be collected where:
(a) it is reasonably necessary for one or more of our functions or activities; and
(b) we obtain your consent; or
(c) it is authorised or required under an Australian law or a court/tribunal order; or
(d) it is otherwise permitted by the Act.
3.10. Where Clause 3.9 does not apply, we will destroy any unsolicited Personal Information that we receive.
3.11. Notwithstanding Clause 3.8 above, we may on occasion need to collect Personal Information about you from third parties, including, without limitation, service providers, and your agents or legal representatives. Where required by law, we will obtain your consent to collect Personal Information from third party sources and combine that information with the Personal Information which we have collected directly from you.
3.12. We only collect Personal Information about you that are necessary for our functions and activities, and ordinarily, you will be told the purposes for which we collect that Personal Information when it is collected. As a general rule, the collection of your Personal Information will be necessary for us to provide a service for you to maintain our relationship with you.
3.13. Additionally, the purposes for which we will generally collect and use your Personal Information will include:
(a) complying with legislative and regulatory requirements;
(b) performing our administrative operations, including accounting, risk management, record keeping, archiving, and systems development and testing;
(c) managing our rights and obligations in relation to external payment systems;
(d) identifying products and services that may interest you.
3.14. We advise that tracking technologies (such as cookies) are used on Our Services. Each time you visit Our Services, we record the date and time of access to Our Services and your physical location. Tracking technologies are useful for gathering information such as browser type, operating system and physical location, tracking the number of visitors to Our Services, and understanding how visitors use Our Services, but do not identify any individual users (“Statistical Information”). Such tracking technologies cannot collect Personal Information unless you have previously shared them on Our Services.
3.15. If you register or continue to use Our Services, you agree to our use of tracking technologies to track your usage.
4.1. If at any time you supply us with Personal Information about another person, you should ensure that you have written consent from that person to do so, and you must agree to inform that person about us and that we may use and disclose their Personal Information in accordance with and for the purposes outlined in this Privacy Policy. You warrant to Us that you have the person’s consent to provide such information to Us for the purposes specified in this Policy.
5.1. You authorise us to use your Personal Information to contact you about our Services, including any modifications to our Terms of Use or this Privacy Policy.
5.2. Unless otherwise specified or required by law, you authorise us to disclose your Personal Information to third parties where we assign, transfer, sell or otherwise license our rights under the Terms of Use Agreement to a third party.
5.3. Unless otherwise specified or required by law, where you voluntarily initiate contact with other users or respond to advertisements, you authorise us to disclose necessary Personal Information to other users for the purposes of initiating contact with that other user by way sharing your contact details and email address.
5.4. Please note that other users may use your Personal Information in a manner other than as outlined in this Policy. We do not accept any responsibility whatsoever, including (without limitation) any liability as a result of for any loss, cost, expense, damage or liability incurred as a result of, or in connection with, or in relation tothe use of your Personal Information by third party users of Our Services.
5.5. We may also disclose your Personal Information to other third parties from time to time. Subject to what is permitted by law, the types of third parties to whom we may disclose your Personal Information may include:
(a) our agents, contractors and external advisors whom we engage from time to time to carry out, or advise on, our functions and activities;
(b) regulatory bodies, government agencies, law enforcement agencies and courts;
(c) our legal or financial advisors;
(d) debt collecting agencies; or
(e) external payment systems operators.
5.6. We take the protection of your Personal Information seriously. Only authorised personnel will have access to your Personal Information, and such Personal Information will not be disclosed or used other than as specified in this Policy without your express consent, which will be stored in our records.
5.7. We reserve the right to disclose Statistical Information to third parties including, without limitation, to analytics companies and business partners, to help us understand usage patterns, to assist in product development and for advertising purposes.
5.8. We reserve the right to disclose Personal Information and Statistical Information with third parties where such disclosure is required by law, or when we reasonably believe in good faith that such disclosure is necessary to protect our rights or to comply with a judicial proceeding or legal process served upon us.
5.9. We may share your Personal Information and Statistical Information with third parties where we reasonably believe in good faith that such disclosure is necessary in order to investigate, prevent or take action regarding illegal activities such as suspected fraud; situations involving potential threats to the physical safety of any person; violations of our Terms of Use Agreement or as otherwise required by law.
5.10. We will not disclose your Personal Information to overseas entities who may not be bound by Australian legislation without your consent, except in circumstances where clause 5.3, 5.4, 5.5, 5.6, 5.7, 5.8 or 5.9 applies. Where we disclose your Personal Information to overseas recipients, We will make every reasonable effort in the circumstances to ensure that the overseas recipients comply with this Policy and any applicable Australian law or regulation with respect to the protection of Personal Information, unless:
(a) we believe on reasonable grounds that the overseas recipient is bound by legislation or regulation that is substantially similar to the Australian Privacy Principles which can be enforced against the overseas recipient; or
(b) you give us an informed consent to the disclosure of your Personal Information to an overseas recipient who may not be bound by Australian law; or
(c) the disclosure to an overseas recipient is authorised or required by Australian law or a court or tribunal order; or
(d) it is permitted by the Act.
5.11. We may disclose both Personal Information and Statistical Information to a third party in a business transaction such as a merger with or acquisition by another company, or the sale of all or a substantial portion of our assets, of which your Personal Information and Statistical Information may be among the assets transferred. Where this occurs, we will notify you via an email sent to the email address which you provide to us in your Profile.
5.12. All information you provide to us is stored on our server which is hosted on serverslocated within Australia.
5.13. We will not use or disclose your Personal Information for any purpose other than as disclosed in this Privacy Policy unless:
(a) we have obtained your consent to its use or disclosure; or
(b) the purpose is related to the purposes disclosed in this Privacy Policy and an individual would reasonably expect us to use or disclose that Personal Information.
6.1. You may edit or delete your Personal Information at any time. Should you wish to do so please contact NHG at info@newhomesguide.com.au
6.2. Where you are unable to access, correct or update your Personal Information, please notify us in writing in order that we may enable you to access, correct or update your Personal Information.
7.1. We will use all reasonable efforts to keep secure your Personal Information and Statistical Information that we collect and maintain. Only our authorised employees, agents and contractors to whom you have given your express consent (and who have agreed to keep information secure and confidential) will have access to this information. We will maintain strict procedures and generally accepted industry standards and take all reasonable care to protect and prevent unauthorised access to, or modification and disclosure of, your Personal Information. We will take all reasonable steps to protect your Personal Information from misuse and loss.
7.2. Notwithstanding clause 7.1 above, no data transmission over the internet can be guaranteed as fully secure and accordingly, we cannot guarantee or warrant the security of any information you provide through Our Services. You understand that any information you send over the internet is at your own risk.
7.3. Notwithstanding the termination of your use of Our Services with us, you consent to our holding your Personal Information for the duration of seven (7) years subsequent to the termination or deletion of your Profile.
7.4. Your Personal Information will be returned or destroyed after the seven (7) year period referred to in Clause 7.3 has passed, provided that:
(a) you do not owe us any money; and
(b) there are no legal proceedings instituted against you for which we may be required to give evidence; or
(c) there are no legal proceedings instituted against us in which you are obliged to indemnify us according to the Terms of Use Agreement and Privacy Policy.
7.5. You understand if you access Our Services from outside Australia, other entities, such as governments, may collect, use and disclose your Personal Information in ways which differ from this Policy and the laws of Australia.
8.1. If you believe that the privacy of your Personal Information has been compromised or has not been used in accordance with this Policy, you should contact us as soon as possible using the means provided on Our Services or by email to info@newhomesguide.com.au
8.2. Your complaint will be taken seriously and addressed in accordance with clause 14 of the Terms of Use Agreement in relation to dispute resolution.
8.3. If you do not believe that we have handled your complaint satisfactorily, pleaserefer your complaint to the Office of the Australian Information Commissioner (OAIC). Information on how to file a complaint with the OAIC can be found at https://www.oaic.gov.au/individuals/how-do-i-make-a-privacy-complaint
9.1. We may change this Policy at any time and at our sole discretion by posting a notice on Our Services, and may notify you in other ways that we deem appropriate, such as sending a notice to the email address specified in your Profile. You agree you will be deemed to have notice of any modifications once we post them to Our Services and/or notified you via email, and that your continued use of Our Services after such notice will be construed as your acceptance of the modified Policy.
9.2. Notwithstanding our right to change this Policy at any time, these changes will only apply to activities and information going forward, and not on a retroactive basis.
9.3. You are encouraged to review the policy whenever you use Our Services to keep track of the Policy changes and make sure that you understand how any Personal Information you provide will be used. If you do not agree with the modified Policy, you must close your Profile immediately and cease to use Our Services.
10.1. Where we provide your Personal Information to third parties in accordance with this Policy, you acknowledge and agree that the usage of your Personal Information by third parties is not in our reasonable control. You further acknowledge that third party websites may place their own cookies or other files on your computer or telephone, solicit Personal Information from you and may or may not use your Personal Information in accordance with their own privacy policies which may differ from this Policy. You agree that we are not liable for the use of your Personal Information in circumstances which are not in accordance with this Policy.
10.2. You agree to indemnify and keep indemnified us and our servants, employees or agents (“Those Indemnified”), and keep Those Indemnified harmless from and against any damage, loss, cost (including, without limitation, settlement costs), expense (including reasonable legal costs and expenses), damage or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against Those Indemnified as a result of, in connection with or in relation to the use of your Personal Information (or the Personal Information of other people supplied to us by you), by third parties, whether such damage, loss, cost, expense, damage or liability is actual contingent, present or future, quantified or unquantified.