“Personal Information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and 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 Peter Gray Realty vendor, purchaser, supplier, employee, agent or independent contractor of us.
We adopt the Australian Privacy Principles contained in the Privacy Act 1988 (the Act). We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. This policy sets out how we obtain and use your Personal Information.
Your Personal Information
The personal information that the Company may collect includes but is not limited to, your name, e-mail address, residential or other addresses, telephone numbers, gender, date of birth, your profession or occupation, transaction information, billing details, information about products or services which might suit you, preferences and criteria information.
We collect personal information through information provided by you at our open for inspections, your access of our Website (refer below), by telephone, email or letter, during conversations you have with our representatives, through your engagement of us to provide services, through contracts entered into by you, through completed surveys, feedback or competitions. 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, balance sheets, your employer and occupation details and title and mortgage details of any relevant property. We may be required to take images of the inside of your home via photos or video.
Via Social Media Sites, we may 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.
We will take reasonable steps to protect the personal information we collect, in both paper and electronic form, from misuse and loss as well as from unauthorized access, modification and disclosure.
How we collect your Personal Information
By making a general or specific telephone, email, onsite or other enquiry with us;
By communicating with us or by continuing to request our services, including but not limited to by attending our offices, attending an open for inspection, making enquiries via internet, email or phone;
by providing us with your contact details;
by accessing our website at (Website) or participating in an online enquiry;
when you engage us or discuss engaging us to provide services or advice to you;
when you negotiate with us in respect of purchasing a property;
when you provide your details to us at an “open for inspection” property or an auction;
when we inspect a property for sale;
by providing to us or us collecting your business card;
by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, Youtube and Linked In (Social Media Sites);
by participating in any activity on a Social Media Site including but not limited to entering competitions, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site.
7. We may also collect personal information from:
third parties such as credit reporting agencies;
publicly available sources of information;
any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.
The purposes for which we collect, hold, use and disclose personal information:
8. We collect, hold, use and disclose your personal information for our business and activities, and in our efforts to expand and improve our business, including for the following purposes:
to provide our products and services to you and to communicate with you;
to monitor or improve the quality and standard of service provided to you or to other consumers by us;
to communicate to prospective or actual vendors, purchasers, landlords and tenants;
to provide access to our Website, to assess its performance, improve its operation and develop new features for our Website;
to communicate with you to better understand your needs through competitions, market research, customer loyalty programs or to comply with our legal obligations;
handling privacy complaints and issues;
performing research and analysis about our services;
to provide and notify you of products, services, offers, promotions or marketing of services or new services that may be of interest to you;
to send you emails, SMS and push notifications, however, you may elect to opt-out of such correspondence at any time by notifying us;
to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers, advertisers, sponsors or other third parties;
enforcing the terms and conditions of our engagement with you;
conducting appropriate credit checks;
referral to a mortgage broker or financier;
for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of the Company, its related bodies corporate, franchisees, partners, real estate agents, employees, contractors, advertisers, sponsors or service providers;
to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator.
Who we may share your personal information with:
9. We may share your information in the following circumstances. These circumstances should not be considered comprehensive and exclusive and do not affect our rights to share your personal information in other ways to the extent permitted by law. With:
our partners, employees, affiliates, subsidiaries, related bodies corporate, contractors and service providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators;
our marketing partners, consultants, retailers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
with third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
with the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our services that are viewable by the general public;
with third parties with whom you choose to let us share information, for example other apps or Websites that integrate with our Website; and
any organisation with your consent; together (Third Parties).
10. We, or the Third Parties, may disclose specific individual information if we or they reasonably believe that it’s
necessary to comply with applicable laws or regulations, or to protect our interests, our business partners, affiliates or its guests, or the interests of our Third Parties.
11. We may also disclose your personal information:
As required by law;
To enforce our terms and conditions; and
In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale.
Website use and Cookies
14. Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that you visit our site and to track which pages you visit 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.
15. If you view the online webpage relating to any of our properties for sale, you may enquire further information about the property by manually completing an online enquiry form or by authenticating your details through your Facebook or LinkedIn account. If you choose to authenticate your details via your Facebook or LinkedIn account, we may be provided with Personal Information linked to your account.
16. If you ‘like’ or ‘follow’ us or a property via our Facebook or Linked In pages, we may be able to view your Facebook page, subject to your Facebook privacy settings.
17. We may provide you with a unique password to verify your identity before allowing access to some features of the Website. You are responsible for maintaining the secrecy of this password and therefore any information which can be viewed by entering this password on the Website. You are responsible for notifying us of any loss or unauthorised use of your password.
18. The Website is hosted in Australia, if you do not reside in Australia, then by using the Website you consent to the transfer of any personal information to Australia.
Access to your Personal Information
19. If you wish to access your personal information held by us you may do so by written request.
20. If personal information held by us is inaccurate or out of date you have the right to request it to be updated or corrected.
21. You consent to and authorise us to include your personal information in a database compiled by us for use in direct marketing by us or Third Parties. If you do not wish to receive marketing material from us, you can opt-out by contacting us at email@example.com.
22. All emails and SMS from the Website allow you to opt-out of further mailings.
23. If you “opt-out”, we will not be able to remove your personal information from the databases of business partners, affiliates, or third parties which we have already shared your personal information with as at the date of your request to opt-out.
24. In relation to personal information from children, we do not knowingly collect personal information from individuals under 18 years of age. If a user is a parent or guardian, please do not allow your children to submit personal information without the parent or guardian’s prior permission.
27. If you would like to make a complaint about our handling of your personal information or if you think we have breached the Australian Privacy Principles or the Act, please contact us with your complaint in writing. We will endeavour to deal with your complaint as quickly as possible. We may give a copy of your complaint to any affected party for their comment so we can properly investigate any issues. We will determine what (if any) action we should take to resolve the complaint and notify you of our decision and our reasons.
28. If you are not satisfied with the way we have dealt with your complaint you may file a complaint with the Office of the Australian Information Commissioner.
29. As our Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.
30. The Company complies with the Spam Act 2003 and best practice guidelines in relation to the contents of its commercial electronic messages. We only send e-mail advertising with each addressee’s consent, including its address and contact details in every e-mail promotion and ensure the inclusion of a functional unsubscribe facility.
Due Diligence Checklist
What you need to know before buying a residential property.
Before you buy a home, you should be aware of a range of issues that may affect that property and impose restrictions or obligations on you, if you buy it. This checklist aims to help you identify whether any of these issues will affect you. The questions are a starting point only and you may need to seek professional advice to answer some of them. You can find links to organisations and web pages that can help you learn more, by visiting the Due diligence checklist page on the Consumer Affairs Victoria website.
Moving to the inner city?
High density areas are attractive for their entertainment and service areas, but these activities create increased traffic as well as noise and odours from businesses and people. Familiarising yourself with the character of the area will give you a balanced understanding of what to expect.
Is the property subject to an owners corporation?
If the property is part of a subdivision with common property such as driveways or grounds, it may be subject to an owners corporation. You may be required to pay fees and follow rules that restrict what you can do on your property, such as a ban on pet ownership.
Are you moving to a growth area?
You should investigate whether you will be required to pay a growth areas infrastructure contribution.
FLOOD AND FIRE RISK
Does this property experience flooding or bushfire?
Properties are sometimes subject to the risk of fire and flooding due to their location. You should properly investigate these risks and consider their implications for land management, buildings and insurance premiums.
Moving to the country?
If you are looking at property in a rural zone, consider:
Is the surrounding land use compatible with your lifestyle expectations? Farming can create noise or odour that may be at odds with your expectations of a rural lifestyle.
Are you considering removing native vegetation? There are regulations which affect your ability to remove native vegetation on private property.
Do you understand your obligations to manage weeds and pest animals?
Can you build new dwellings?
Does the property adjoin crown land, have a water frontage, contain a disused government road, or are there any crown licences associated with the land? Is there any earth resource activity such as mining in the area?
You may wish to find out more about exploration, mining and quarrying activity on or near the property and consider the issue of petroleum, geothermal and greenhouse gas sequestration permits, leases and licences, extractive industry authorisations and mineral licences.
SOIL AND GROUNDWATER CONTAMINATION
Has previous land use affected the soil or groundwater?
You should consider whether past activities, including the use of adjacent land, may have caused contamination at the site and whether this may prevent you from doing certain things to or on the land in the future.
Do you know the exact boundary of the property?
You should compare the measurements shown on the title document with actual fences and buildings on the property, to make sure the boundaries match. If you have concerns about this, you can speak to your lawyer or conveyancer, or commission a site survey to establish property boundaries.
Can you change how the property is used, or the buildings on it?
All land is subject to a planning scheme, run by the local council. How the property is zoned and any overlays that may apply, will determine how the land can be used. This may restrict such things as whether you can build on vacant land or how you can alter or develop the land and its buildings over time.
The local council can give you advice about the planning scheme, as well as details of any other restrictions that may apply, such as design guidelines or bushfire safety design. There may also be restrictions – known as encumbrances – on the property’s title, which prevent you from developing the property. You can find out about encumbrances by looking at the section 32 statement.
Are there any proposed or granted planning permits?
The local council can advise you if there are any proposed or issued planning permits for any properties close by. Significant developments in your area may change the local ‘character’ (predominant style of the area) and may increase noise or traffic near the property.
Is the building safe to live in?
Building laws are in place to ensure building safety. Professional building inspections can help you assess the property for electrical safety, possible illegal building work, adequate pool or spa fencing and the presence of asbestos, termites, or other potential hazards.
Have any buildings or retaining walls on the property been altered, or do you plan to alter them?
There are laws and regulations about how buildings and retaining walls are constructed, which you may wish to investigate to ensure any completed or proposed building work is approved. The local council may be able to give you information about any building permits issued for recent building works done to the property, and what you must do to plan new work. You can also commission a private building surveyor’s assessment.
Are any recent building or renovation works covered by insurance?
Ask the vendor if there is any owner-builder insurance or builder’s warranty to cover defects in the work done to the property.
UTILITIES AND ESSENTIAL SERVICES
Does the property have working connections for water, sewerage, electricity, gas, telephone and internet?
Unconnected services may not be available, or may incur a fee to connect. You may also need to choose from a range of suppliers for these services. This may be particularly important in rural areas where some services are not available.
Do you know your rights when buying a property?
The contract of sale and section 32 statement contain important information about the property, so you should request to see these and read them thoroughly. Many people engage a lawyer or conveyancer to help them understand the contracts and ensure the sale goes through correctly. If you intend to hire a professional, you should consider speaking to them before you commit to the sale. There are also important rules about the way private sales and auctions are conducted. These may include a cooling-off period and specific rights associated with ‘off the plan’ sales. The important thing to remember is that, as the buyer, you have rights.