Introduction

This policy applies to Martello Property Pty Ltd ACN 644 428 124 and their related companies (hereinafter “we”, “us” or “our”).

Who we are and what this policy is about?

We are a specialist property development business. We develop unique real estate opportunities and oneself these to prospective customers.

In the range of services we provide, we may receive or collect Personal Information. We are committed to safeguard your Personal Information as prescribed in the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act) as amended from time to time.

The APPs regulate the manner in which we can collect, use, hold, disclose and destroy personal information. We are committed to the protection of Personal Information we use in our business.

This policy describes the type of information we collect and hold, how we collect and use that information, how that information may be disclosed, the security of that information, how you can access and correct any such information and other relevant details concerning your privacy.

What information does this policy apply to?

This policy only applies to Personal Information as defined in the Privacy Act 1988.

Generally speaking, Personal Information is information (or opinion), in any form, about an individual (not a business, company or trust) whose identity is apparent or can be ascertained from the information held whether the information is true or not.

By agreeing to receive services or information from us, you agree to the collection, use and disclosure of Personal Information (as relevant) as set out in this privacy Policy.

You do not have to disclose Personal Information to us. If you do not agree or do not provide some or all the information requested, we may not be able to provide you with the services we offer, give you access to properties we offer for sale or assist you with your inquiry.

Our general commitment

We undertake to collect, store and use Personal Information only in a manner which is compliant with the Privacy Act 1988 (Australia Privacy Principles).

We will not use or disclose Personal Information other than for:

(a) a purpose set out in this Privacy Policy;

(b) for a purpose for which the information was provided;

(c) for a purpose required or permitted by law;

(d) a purpose you authorised or is disclosed to you; and

(e) to give effect to your instructions.

Collection methods of personal information

Real estate buyers – We collect and disclose Personal Information as it may become necessary to provide you with our services and give effect to your instructions. We will always endeavour to collect Personal Information from you directly but sometimes, we are not able to collect the information directly from you and in this case, we may collect information from third parties.

We may collect Personal Information from you if you buy a property from us, take steps to do so or choose to subscribe for property alerts, newsletters, and similar content.

Before you enter a property for a display suite inspection, you must provide us with your Personal Information such as name and telephone number. You may decline to provide this information at which time, you may be refused entry to the property.

Website content subscribers – if you wish to subscribe to our website to receive information about products or services offered through our website, you will be asked to provide Personal Information such as name, age, gender, contact details and products and or services you are interested to receive.

If you subscribe to our website, we may also collect and store information about your visit to our website, including:

(a) The name of the domain from which you assessed the internet.

(b) The date and time you accessed the website

(c) The internet address of the website from which you linked directly to the website

(d) The pages you accessed while visiting the website This information does not in itself identify you and is used to measure the number of visitors to the website and how it was navigated. This information assists us to make the website more useful to you.

Purpose for collecting, holding using and disclosing personal information

We may collect, store and or disclose (to third parties) Personal Information for the following purposes:

(a) To comply with and as required by law;

(b) to provide you with promotional information about services and products we may provide;

(c) to manage and administer our agreement with you;

(d) to protect our lawful interests;

(e) to give effect to your instructions;

(f) If we negotiate with a third party the possibility of an acquisition of part or the whole of our business;

(g) assisting in risk management, fraud investigation and prevention;

(i) assisting you in receiving other professional advice such as financial, investment and insurance;

(h) liaising with any government or regulatory bodies (including Australia Securities and Investment Commission and the Australian Tax Office) as required or authorised by law or by you;

(i) (if relevant) to assist you to secure finance, improve your credit rating, manage risk and or manage investment;

(j) improving our services to you;

(k) for your safety and security of other occupant of a property we are displaying;

(l) for insurance purposes in relation to a property we are displaying;

(m) to promote a property you are inspecting and any other properties on our portfolio which we may consider suitable for your needs;

(n) to provide (as relevant) information to medical services, government agencies and law enforcement .

If you purchase or request products and services from us, we may also request your preferences for receiving further marketing or promotional material. You can withdraw consent at any time by contacting us.

Information collected from this website may also be used to determine demographic and usage patterns. Personal identification information is not used for this purpose. This anonymous information is then used to better develop and tailor this website and our products and services for our customers and potential customers. This non-personal information may be passed on to third parties.

Security of your information

We hold your information in electronic and hard copy form. We take reasonable steps to ensure the security of all information we collect from risks such as loss or unauthorised access, destruction, misuse, modification or disclosure of data. We do this by, for example:

(a) maintaining your personal information in a secure (either physical or online) environment which can be accessed only by authorised personnel;

(b) incorporating strict password access and virus protection procedures into all electronic databases;

(c) taking all reasonable steps to keep our business premises secure; and

(d) providing appropriate and regular training to staff regarding this policy and information handling practices.

However, no data transmission over the internet can be guaranteed to be fully secure. These activities are undertaken at your risk. Jessica/Candice, whilst it is a correct statement that information transmitted over the web is not always secured and it can be intercepted, the fact that your servers are accessible online is not the risk of the customer. Businesses are expected to protect their servers from unauthorised use and unauthorised access.

Disclosure of personal information

Some of the purposes we use Personal Information, described above, relate to services provided by third parties. You authorise us to disclose Personal Information to those third parties for the purpose of providing you with services. We undertake to ensure that the use of Personal Information by third parties is governed by similar privacy obligations as described in this policy.

We will not disclose or pass on your Personal Information to third parties unless it is in accordance with this privacy statement or with your prior consent. Information may be provided to third parties for the purpose of (amongst other things) providing your services, to assist in any regulatory or government agency investigation or to prevent a health or security hazard.

We do not generally disclose personal information to overseas recipients and will not do so before taking reasonable steps to ensure that an overseas recipient is compliant with Australian Privacy Principles (“APP’s”), other than APP 1.

Access and correction of personal information

We will continue to hold your Personal Information whilst it is reasonably necessary for our purposes outlined in this Policy, in accordance with our record keeping obligations or as required by law.

You may make a written request for us to de-identify your Personal Information at any time. If we refuse to de-identify your Personal Information, we will provide you with written reasons as to why your request has been refused. You may request access to your Personal Information at any time by contacting us (email or phone). If Personal Information was provided by you to third parties, you should contact them directly.

Links to other websites

We are not responsible for the privacy practices or content of any other website that is linked to this website. It is your responsibility to investigate the privacy policies of those other sites.

Changes to privacy policy

This privacy policy may change from time to time particularly as new rules, regulations and industry codes are introduced. A current version of our policy will be available at all times on our website and otherwise on request. This Policy was last updated in October 2023.

Cookies

If you access our website, we may use Cookies for security and in order to better provide you with services. A “Cookie” is a small text file which is placed on your internet browser. We have access to the Cookie and can derive information in regard to the use of the site. You may change the settings on your browser to reject Cookies, however doing so might prevent you from accessing the secured pages on our website.

Complaints procedures

If you believe that your privacy has been breached, please contact us using the contact information below. We will treat your complaint confidentially, investigate it and aim to ensure that your complaint is resolved within a reasonable time.

If you are dissatisfied with the resolution we offered you, you may file a complaint by escalating the grievance to the Australian Information Commissioner (Privacy Commissioner.

The Commissioner can be contacted on:

Online: WWW.OAIC.GOV.AU/PRIVACY

Phone: 1300 363 992

Email: [email protected]

Fax: +61 2 9284 9666

Mail: GPO Box 5218 Sydney NSW 2001

Email: [email protected]

How to contact us

If you have any concerns or questions or would like to opt-out of direct marketing promotions, please use contact details as found in this website or alternatively please send an email to [email protected] or by writing to us at Martello Property, 117 Church Street, Brighton VIC 3186.

Thank you for taking the time to read our Privacy Policy.