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TEN
PRIVACY PRINCIPLES
ACTION PLAN TO HANDLE COMPLAINTS INTERNALLY
REFERENCES ON THE PRIVACY ACT 1988
CONTACTS
Ten National Privacy Principles
Principle 1 - Collection of personal information
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Darryn Mawby & Associates only collects personal information that
is authorized by law to collect and that is necessary for the primary
purpose of selling, buying and leasing real estate. This includes information
used to process rental applications, provide appraisals, listing residential
and commercial properties for sale either by exclusive authority, open
(general authority) or auction authority and selling property.
Personal information is usually collected directly from the primary individual/s,
during the process of our association with clients. Some personal information
may be collected from a secondary source or third party when required,
where the primary source has authorised collection or would reasonably
expect that such collections will take place.
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Principle 2 - Use and disclosure of personal information
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Darryn Mawby & Associates requires employee's to maintain the confidentiality
of personal information relating to all clients. This obligation applies to
every person who is or has been an employee of the company.
There are a number of exceptions to this obligation, including divulging or
disseminating information to:
- A member of the police force;
- With the consent of the person to whom the information relates, to another person or organization relevant to the real estate industry; and
- The Victorian Civil and Administrative Tribunal
In general, Darryn Mawby & Associates is required to register any individual
details as they see fit regarding the tenancy of a property such as registering
details on national databases such as National Tenancy Database (NTD) and Tenancy
Information Centre of Australia (TICA).
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Principle 3 - Data Quality
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Darryn Mawby & Associates endeavours to ensure that it obtains complete
information during any association with a client and continues to do so once
any dealings have been finalised.
Darryn Mawby & Associates also endeavors to ensure that the personal information
it holds is up-to-date. All clients and employees can request access to the
personal data being held on them at any time and can change, alter or delete
any data that is not relevant to them.
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Principle 4 - Data Security
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Personal information is stored by Darryn Mawby & Associates in hard copy
documents, as electronic data, or in the company's real estate specific
software program Gateway Console 2000. The company endeavors to protect any
personal information that it holds from misuses or loss, and to prevent unauthorized
access, modification and disclosure. Some measures employed are:
- Security measures for access to the company's computer server and network
- All employees utilizing password for their individual workstations
- Administrative passwords for all administration levels within the computer system
- Controlling access to the company's premises and monitoring where clients other than staff wait for appointments
- Confidentiality requirements imposed upon employees and all creditors that may access the premises as the company has an open desk policy where all employees of the company and creditors to the company (e.g. Contract cleaners)
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Principle 5 - Openness
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A person may request access to the information the company holds on them at
any time. They can request explanation as to the purpose for which it is collected,
the purpose for which it is retained, the process on how it is collected, the
purpose for how it is used and disclosed. Contact details for the designated
Privacy Officer appear at the end of this document and on all relevant documentation
and collection notices.
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Principle 6 - Access to and correction of personal information
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Access
All clients and past and present employees may be provided access to any personal
information subject to the Real Estate Agents Act and the Freedom of Information
laws allowing for such access. Contact details for the company's Privacy
Officer appear at the end of this document.
If the company does not provide access, the person requesting access will be
advised of the reasons for the refusal and informed of any legal exemptions
relied upon to reach the decision to refuse access.
Correction
All employees of the company are authorized by the Director to correct an error
or omission to any client detail, which may, but need not be done at the request
of the person to whom the error or omission relates.
Request for alterations to information of a personal nature should be directed
to the Privacy Officer or can be issued to any other employee who receives the
enquiry. Contact details for the Privacy Officer appear at the end of this document.
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Principle 7 - Unique Identifiers
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The company will be required when processing tenancy applications to access
a person's passport if they do not have a current driver's license.
This is needed to assist in processing tenancy applications and is a valid data
field used by NTD and TICA for completing tenant checks.
The company acknowledges that an individual's name and ABN are not considered
to be an identifier.
This principle does not stop the company from accessing or viewing Commonwealth
identifiers such as passports, Centrelink or Medicare cards to establish the
identity of a person, but it does however enforce that the company cannot use
or disclose the identifying number unless the above reason applies of assisting
to process tenancy application.
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Principle 8 - Anonymity
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The company will respect the right for any individual to remain anonymous when
making general enquiries. The company will support any enquiry made anonymously,
however cannot guarantee that they will be able to provide an effective service
to the individual if they choose to deal anonymously as the company's
ability to follow-up on enquiry is limited.
In reference to individuals requesting addresses to sale properties, if a client
chooses to remain anonymous the company reserves the right to not disclose a
property address to them as there already exists an onus on the company to protect
the privacy of the Vendor.
In reference to open house inspection collection notices (see attached the
collection notice) if an individual chooses to not disclose their name and contact
details before entering an open house inspection, the agent's representative
on duty has the authority to deny that individual access to the property as
outlined in the collection notice which is displayed at every open house. A
collection notice is also made available to all individuals to take with them
from the open house.
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Principle 9 - Information crossing borders transborder data flows
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The company's main obligation is to ensure that an individual's
personal information transferred overseas is protected, as far as possible,
in the way it is protected within Australia.
The company, if ever unsure if the country to which data is being sent has
similar privacy protection laws will where necessary seek legal advise.
The company, if at the time of collecting personal information from an individual
is aware that they may need to instigate transborder data flows via electronic
process or hard copy mail should get the consent from the individual then rather
than trying to obtain consent at a later date.
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Principle 10 - Sensitive Information
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Darryn Mawby & Associates collects information in reference to
criminal police checks as a process of employing new staff. If an employee
has accepted a position where they will act as an agent's representative
for the company they must agree to this check or they will not be able
to act as an agent's representative and therefore not fulfill the
role that has been offered.
Darryn Mawby & Associates is aware of and adheres to the guidelines
of Principle 10 ensuring that all personal information that could be considered
to be "sensitive" under the Privacy Act 1988 not be collected
unless required to conduct business or as required under the Real Estate
Agents Act.
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HOW TO CONTACT DARRYN MAWBY & ASSOCIATES
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If you have any questions about personal information being held on you, or wish to access or correct personal information, contact the Privacy Officer on:
Telephone: (03) 5442 2011
Fax: (03) 5443 0007
Email: info@darrynmawby.com.au
You may wish to write to:
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Privacy Officer
Darryn Mawby & Associates Pty Ltd
105 Mitchell Street
BENDIGO VIC 3550
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Darryn Mawby & Associates will attempt to support an individual in a prompt,
professional and efficient manner. The Privacy Officer will handle the investigation
of any complaint about information privacy. Darryn Mawby & Associates Pty
Ltd will acknowledge written complaints within 5 working days and will provide
a full response within 30 working days of receipt of the complaint. If an individual
is not satisfied with the outcome they receive from the company they are entitled
to complain directly to the Officer of the Privacy Commission.
MORE INFORMATION:
For more information on privacy relevant to Real Estate, see:
http://www.bla.vic.gov.au or http://www.reiv.com.au
For more information on privacy laws in Victoria, see:
http://www.privacy.vic.gov.au
For information on privacy laws in Australia generally, see:
http://www.privacy.gov.au
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ACTION PLAN FOR HANDLING COMPLAINTS FROM INDIVIDUALS INTERNALLY
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Darryn Mawby & Associates have a designated Privacy Officer that is responsible
for handling all complaints and/or access to personal information requests.
The Privacy Officer has a thorough understanding of the ten National Privacy
Principles and how they apply in reference to Darryn Mawby & Associates
Pty Ltd complying with the Act.
Any phone, email or walk-in enquiry is delegated to the Privacy Officer. If
the Privacy Officer is not available then another staff member will ask for
name and contact numbers so that the Privacy Officer can contact them ASAP upon
their return to the office.
In an attempt to minimize complaint to the office the Privacy Officer will
support all staff in any privacy questions and/or will refer them to the ten
national privacy principles that all staff have been circulated and read 17/12/2002.
If at any time the Privacy Officer is not fully aware as to how to deal with
a complaint they will investigate further with the relevant bodies that support
the real estate industry to support them in their actions.
The Privacy Officer will also refer to the Victorian Government Privacy website
for further support or refer the individual there for follow-up. The address
is www.privacy.vic.giv.au.
The Privacy Officer contact details are displayed at the front counter of the
office, on all forms handed out to the public and at the Darryn Mawby &
Associates website.
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REFERENCES ON THE PRIVACY ACT 1988
CONTACTS FOR DARRYN MAWBY & ASSOCIATES
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The Privacy Officer for Darryn Mawby & Associates can be contacted on:
5442 2011 - telephone
5443 0007 - fax
info@darrynmawby.com.au - email
or go to the Darryn Mawby & Associates website and access our privacy documents
there at http://www.darrynmawby.com.au
Darryn Mawby & Associates will be updating the Privacy Policy for the company
as required. This will be carried out at the discretion of the company and will
not necessarily inform individuals about the alterations.
The company will however once changes have been made, post all changes to the
website, make relevant to the written policy and train staff in the amendments.
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