My privacy

10 Privacy Principles

1. Collection of personal information

Mawby Property 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.

2. Use and disclosure of personal information

Mawby Property 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, Mawby Property 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).

3. Data Quality

Mawby Property 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.

Mawby Property 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.

4. Data Security

Personal information is stored by Mawby Property 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)

5. Openness

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.

6. Access to and correction of personal information

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.

7. Unique Identifiers

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.

8.Anonymity

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.

9. Information crossing borders transborder data flows

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.

10. Sensitive Information

Mawby Property 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.

Mawby Property 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.

How To Contact Mawby Property

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) 5444 9888
• Fax: (03) 5443 0007
• Email: info@mawby.com.au

You may wish to write to:

• Privacy Officer
• Mawby Property
• 105 Mitchell Street
• BENDIGO VIC 3550

Mawby Property 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. Mawby Property 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

Action plan to handle complaints internally

Mawby Property 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 Mawby Property 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 Mawby Property website.

THE PRIVACY ACT 1988

http://www.bla.vic.gov.au

http://www.reiv.com.au

http://www.privacy.vic.gov.au

http://www.privacy.gov.au

Contacts for Mawby Property

The Privacy Officer for Mawby Property can be contacted on:

• (03) 5444 9888- telephone
• (03) 5443 0007 - fax
• info@mawby.com.au - email

or go to the Mawby Property website and access our privacy documents there at http://www.mawby.com.au

Mawby Property 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.