Privacy Policy 


General


This Privacy Policy sets out how we, Bendigo Bestagents PTY. LTD. Trading as Mark O'Shea Realty are committed to protecting the privacy of your personal information. Mark O'Shea Realty is required to comply with the Privacy Act 1988 (Cth) including the Australian Privacy Principles (APPs) in Australia https://www.oaic.gov.au/privacy/australian-privacy-principles

By using our websites https://markoshearealty.com.au and/or providing your personal information to us, you consent to us obtaining, storing, and using your personal information in accordance with this Privacy Policy.

This Privacy Policy is effective from 8th May 2023.


Collection of your personal information


We collect or obtain your information:

When you provide it to us (e.g. by contacting us, filling out a form);

From your use of our website via cookies (such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider); and

We do not collect personally identifiable information about you unless you choose to fill out a form, found on many of the pages of the site or to email us directly.

The personal information that we process includes:

Basic information, such as your name, (including name prefix or title), birthday,  the company you work for, your title or position, and your relationship to a person;

Contact information, such as your postal address, email address, social media profiles, and phone number;

Financial information, such as payment-related information;

Identification and background information provided by you or collected sourced by us as part of our business acceptance processes; and

Any other information relating to you which you may provide to us.

We do automatically collect certain non-personally identifiable information when you visit our site - such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider (cookies).


How we use the information we collect


We use non-personally identifiable information to analyse site usage (such as aggregated information on the pages visited by our users), which allows us to improve the design and content of our site. (cookies)

We may do the following with your personal information:

To respond to your inquiry or form you have completed on various sections of our Website.

Use it to provide real estate services.

Use it to engage in marketing and business development activity in relation to our real estate services. This may include sending you newsletters, real estate updates, marketing communications, and other information that may be of interest to you;

To comply with legal and regulatory obligations that we have to discharge; and

Use it for our legitimate business interests, such as undertaking business research and analysis, and managing the operation of our websites and our business.


Storage and security of your personal information

We may hold your personal information in electronic formats or in hard copy. 

We take reasonable steps to securely store your personal information to ensure it is protected from unauthorised access, modification, and disclosure, and from other types of misuse, interference, and loss.  This includes electronic and physical security measures and procedures, password protection software, 2-factor authentication, and continual staff training.


Grounds for using your personal information


We rely on the following legal grounds to process your personal information, namely:

Consent- We may (but usually do not) need your consent to use your personal information. You can withdraw your consent by contacting us (see below).

Performance of a contract- We may need to collect and use your personal information to enter into a contract with you or to perform our obligations under a contract with you.

Legitimate interest- We may use your personal information for our legitimate interests, some examples of which are given above.

Compliance with law or regulation- We may use your personal information as necessary to comply with applicable law/regulation.


How we share information with third parties


We do not sell or rent your personal information to third parties.

We may share your personal information with third parties, only to the extent necessary to run our business, provide a service to you, comply with the law, enforce our legal rights or because you have provided consent.

This may include the following.

Third-party agents/suppliers or contractors, in connection with the processing of your personal information for the purposes described in this Policy. This may include but is not limited to, website hosting, IT and communications service providers.

Third parties relevant to the services that we provide.

To the extent required by law, regulation, or court order, for example, if we are under a duty to disclose your personal information in order to comply with any legal obligation.


Links to other websites


Our website may contain links to other websites run by other organisations. This privacy policy applies only to our website' so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.


Website forms


Any forms which are available on our website are powered by our website provider and linked to our CRM.

When you fill out a form, the data that you submit will be forwarded to our CRM Provider and will be collated into an email and sent to us.

Your data will remain within our CRM's secure database for as long as we continue to use that CRM service, or until you specifically request removal by emailing us.

We consider our CRM to be a third-party data processor.


16 or Under


We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under' please get your parent/guardian's permission beforehand whenever you provide us with personal information.


Keeping your information and information security


How long we hold your personal information will vary and will depend principally on:

The purpose for which we are using your personal information - we will need to keep the information for as long as is necessary for the relevant purpose, and

Legal obligations - laws or regulations may set a minimum period for which we have to keep your personal information.

We will ensure that the personal information that we hold is subject to appropriate security measures.

Cookies


A cookie is a piece of data stored on a user's hard drive containing information about the user. The information below explains the cookies we use on our website and why we use them:

Our websites use cookies. We do not use the information stored in those cookies to collect information about you or your computer.  The cookies are used for statistical purposes and to assist with your use of the website. We may also collect click-stream data when you use the website, such as the date and time of your visit, the pages you accessed, your IP address, the type of browser and operating system you are using, and the websites you come from and move to.  This information is collected for statistical purposes to assist us to find out how our website is used and navigated and to improve our website. You can enable or disable cookies by modifying the settings in your browser.


Your choices and rights


You have a number of legal rights in relation to the personal information that we hold about you and you can exercise your rights by contacting us using the details set out below.


These rights include:


Obtaining information regarding the processing of your personal information and access to the personal information which we hold about you.

Requesting that we correct your personal information if it is inaccurate or incomplete.

Requesting that we erase your personal information in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal information, but we are legally entitled to retain it.

Objecting to, and requesting that we restrict, our processing of your personal information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to refuse that request.

In some circumstances, receiving some personal information in a structured, commonly used, and machine-readable format and/or requesting that we transmit that information to a third party where this is technically feasible. Please note that this right only applies to personal information which you have provided to us.

Withdrawing your consent, although in certain circumstances it may be lawful for us to continue processing without your consent if we have another legitimate reason (other than consent) for doing so.

Lodging a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us. We can, on request, tell you which data protection authority is relevant to the processing of your personal information.


Security or Data  Breach

If a security or data breach occurs, we follow the OAIC guidelines and have an 'Operational Data Breach Response Plan' in place to address and resolve any cyber security or data breach incidents.

Our Privacy Officer will oversee and manage any and all security or data breaches to ensure legislation and guidelines are adhered to.


Making a complaint

You may lodge a complaint with us if you believe we have handled your personal information other than in accordance with the APPs.  To do so please contact our Privacy Officer via the contact details below.  We will confirm receipt of your complaint and set out the time frame we require to investigate your complaint and provide you with a response.  We will endeavour to respond as quickly as possible, which will typically be within 14 days of receiving your complaint.


Office of the Australian Information Commissioner

More information about your rights and our obligations in connection with your personal information are available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

Changes to our privacy policy


This privacy policy may change from time to time in line with legislation or industry developments. We will not explicitly inform our clients or website users of these changes. Instead, we recommend that you check this page occasionally for any policy changes.


Contact us

Any inquiry regarding the collection or processing of your data should be addressed to our Privacy Officer at the contact details below.

Privacy Officer

Riley O'Shea
0417 788 030

Riley@markoshearealty.com.au