RealTeam Property Group Single Agency Specialists PRIVACY POLICY 1 Collection of personal information 1.1 We collect personal information only if it is necessary for one or more of our functions or activities. 1.2 We collect personal information only by lawful and fair means and not in an unreasonably intrusive way. 1.3 When we collect personal information about someone (or as soon as practicable thereafter), we take all reasonable steps to ensure the person knows: (a) Who we are and how to contact us; (b) The fact that he or she can access the information; (c) The purposes for which we collected the information; (d) The types of organizations to which we usually discloses information of that kind; (e) Any law that requires the particular information to be collected; and (f) The main consequences (if any) for the person if he or she does not provide all or part of the information. 1.4 Wherever reasonable and practicable, we collect personal information about a person only from that person. 1.5 If we collect personal information about a person from someone else, we take reasonable steps to ensure that the person knows or is made aware of the matters listed in subclause 1.3 (except to the extent that making the person aware of the matters would pose a serious threat to the life or health of any person). 2 Use and disclosure of personal information 2.1 We will not use or disclose personal information about a person for a purpose (the secondary purpose) other than the primary purpose for which we collected it, unless: (a) Both of the following apply: (i) the secondary purpose is related to the primary purpose of collection and, if the personal information is sensitive information, directly related to the primary purpose of collection; (ii) the person would reasonably expect us to use or disclose the information for the secondary purpose; or (b) The person has consented to the use or disclosure; or (c) If the information is not sensitive information and the use of the information is for the secondary purpose of direct marketing: (i) It is impracticable for us to seek the person’s consent before that particular use; and (ii) We will not charge a person for complying with the person’s request not to receive direct marketing communications from us; (iii) The person has not made a request to us not to receive direct marketing communications; (iv) In each direct marketing communication with the person, we include a clear notice that he or she may decline to receive any further direct marketing communications; and (v) Each of our written direct marketing communications with the person (up to and including the communication that involves the use) includes our contact details including business address, telephone number, fax number and/or email address. (d) We reasonably believe that the use or disclosure is necessary to reduce or prevent: (i) a serious and imminent threat to a person’s life, health or safety; or (ii) a serious threat to public health or public safety; or (f) We have reason to suspect that unlawful activity has been, is being or may be engaged in, and we use or disclose the personal information as a necessary part of our investigation of the matter or in reporting our concerns to relevant persons or authorities; or (g) The use or disclosure is required or authorized by or under law; or (h) We reasonably believe that the use or disclosure is reasonably necessary for one or more of the following by or on behalf of an enforcement body: (i) Prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; (ii) Enforcement of laws relating to the confiscation of the proceeds of crime; (iii) Protection of the public revenue; (iv) Prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;• (v) Preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of a court or tribunal. 2.2 If we use or disclose personal information under paragraph 2.1(h), we make a written note of the use or disclosure. 2.3 Subclause 2.1 operates in relation to personal information that we as a body corporate have collected from a related body corporate as if our primary purpose of collection of the information were the primary purpose for which the related body corporate collected the information. 3 Data quality We take reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. 4 Data security 4.1 We take reasonable steps to protect the personal information we hold from misuse and loss and from unauthorized access, modification or disclosure. 4.2 We take reasonable steps to destroy or permanently de-identify personal information if we no longer need it for any purpose for which the information may be used or disclosed under Clause 2 above. 5 Openness 5.1 This document sets out our policy on the management of personal information. A copy of this document available to anyone who asks for it. 5.2 Upon request, we will take reasonable steps to inform a person, generally, what sort of personal information we hold, for what purposes, and how we collect, hold, use and disclose that information. 6 Access and correction of data 6.1 If we hold personal information about someone, we will give that person access to the information on request, except to the extent that: (a) Whether or not the personal information is health information—providing access would pose a serious and imminent threat to the life or health of any person; or (b) Providing access would have an unreasonable impact upon the privacy of other persons; or (c) The request for access is frivolous or vexatious; or (d) The information relates to existing or anticipated legal proceedings between us and the person, and the information would not be accessible by the process of discovery in those proceedings; or (e) Providing access would reveal our intentions in relation to negotiations with the person in such a way as to prejudice those negotiations; or (f) Providing access would be unlawful; or (g) Denying access is required or authorized by or under law; or (h) Providing access would be likely to prejudice an investigation of possible unlawful activity; or (i) Providing access would be likely to prejudice: (i) Prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law; or (ii) Enforcement of laws relating to the confiscation of the proceeds of crime; or (iii) Protection of the public revenue; or (iv) Prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct; or (v) Preparation for, or conduct of, proceedings before any court or tribunal, or implementation of its orders; by or on behalf of an enforcement body; or (j) An enforcement body performing a lawful security function asks us not to provide access to the information on the basis that providing access would be likely to cause damage to the security of Australia. 6.2 If providing access would reveal evaluative information we have generated in connection with a commercially sensitive decision-making process, we may give the person an explanation for the commercially sensitive decision rather than direct access to the information. 6.3 If we are not required to give the person access to the information because of one or more of paragraphs 6.1(a) to (k) inclusive, we will, wherever possible, consider whether the use of mutually agreed intermediaries would allow sufficient access to meet the needs of both parties. 6.4 We may charge a nominal fee to cover the costs of locating and providing access to personal information. The cost may vary from time to time, and with the information requested. We make no charge to lodge a request for personal information 6.5 If we hold personal information about someone and the person is able to establish that the information is inaccurate, incomplete or out-of-date, we will take reasonable steps to correct the information so that it is accurate, complete and up-to-date. 6.6 If the person disagrees with us about whether the information is accurate, complete and up-to-date, and the person asks us to associate with the information a statement claiming that the information is not accurate, complete or up-to-date, we will take reasonable steps to do so. 6.7 If we deny a person access or refuse to correct personal information, we will provide reasons for doing so. 7 Use of Identifiers 7.1 We do not identify information held by us, with any identifier assigned to that person by any government agency. Neither do we identify people with such identifiers. 7.2 We may use or disclose an identifier assigned to a person by an agency, or by an agent or contracted service provider mentioned in subclause 7.1, if: (a) The use or disclosure is necessary for us to fulfill our obligations to the agency; or (b) One or more of paragraphs 2.1(e) to 2.1(h) inclusive apply to the use or disclosure; or (c) The use or disclosure is by a prescribed organisation of a prescribed identifier in prescribed circumstances. 7.3 In this clause: “Identifier” includes a number assigned by an organisation to a person to identify uniquely the person for the purposes of the organization’s operations. A person’s name or ABN [as defined in the A New Tax System (Australian Business Number) Act 1999] is not an identifier. 8 Anonymity Wherever it is lawful and practicable, people have the option of not identifying themselves when entering transactions with us. 9 Transborder data flows We may transfer personal information about a person to someone (other than ourselves or the person) who is in a foreign country only if: (a) We reasonably believe that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles; or• (b) The person consents to the transfer; or (c) The transfer is necessary for the performance of a contract between us and the person, or to implement pre-contractual measures we take in response to the person’s request; or (d) The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the person between us and a third party; or (e) All of the following apply: (i) The transfer is for the benefit of the person; and (ii) It is impracticable to obtain the consent of the person to that transfer; and (iii) If it were practicable to obtain such consent, the person would be likely to give it; or (f) We have taken reasonable steps to ensure that the information we have transferred will not be held, used or disclosed by the recipient of the information inconsistently with the National Privacy Principles. 10 Sensitive information 10.1 We will not collect sensitive information about a person unless: (a) The person has consented; or (b) The collection is required by law; or (c) The collection will prevent or reduce a serious and imminent threat to the life or health of any person, where the person whom the information concerns: (i) is physically or legally incapable of giving consent to the collection; or (ii) physically cannot communicate consent to the collection; or (d) The collection is necessary to establish, exercise or defend a legal or equitable claim. Our Contact Details Anyone wishing to contact us about our Privacy Policy, or to gain access to or to correct information held by us may contact us as follows: • Address: Suite 4, 75a Angas Street, Adelaide SA 5000 • Postal: PO Box 123, Belair SA 5052 • T: 08-7221-2800 • F: 08-8232-4799 • E: info@realteam.com.au