Last updated: 20/07/2020
Why your privacy matters to us
This document explains the types of information we collect and what we do with that information (among other things).
We respect your rights to privacy under the Privacy Act 1988 (Cth) (“Act”) and we will comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.
What is your personal information?
What kind of information do we collect and hold?
We may collect general information from you that is not personal to you. This type of information generally relates to your behaviour on our website, and includes things like the type of browser you are using, your geographic location, and how you came to our website. It also includes information that will help us trouble-shoot problems, analyse our resources and improve Services. There is nothing in that kind of information that could enable anyone to identify who you are.
There are many aspects of our website that can be viewed without providing personal information, however, for access to the Services, including being provided a guaranteed minimum price for your property, you are required to submit personal information. This may include but not limited to your name, email, phone, address, and sensitive information to confirm your identity and property ownership, including your date of birth and details of your passport, driver’s licence and/or Medicare card. Additional forms of identification may also be requested if necessary to comply with VOI legislation. We may also ask you for information, such as mortgage and bank statements, which we would use to confirm your outstanding loan balance, which may be relevant where you are seeking funding before completion of the private sale or auction process.
Except where required by law, Shannah Kennedy and the Trustee will not without your consent, collect sensitive information about you such as racial or ethnic origin, political opinions, religious or philosophical beliefs or affiliations, membership of a professional or trade association, membership of a trade union, details of health, disability, sexual orientation, or criminal record.
While not strictly personal information, we will also ask you to provide details about your property (e.g. address, number of beds/baths/car spaces, and an assessment of the condition of various rooms and fixtures) to enable us to provide you with a guaranteed minimum price. While we will verify these details independently during physical inspections, we expect that you will provide complete and accurate information to us so that we can make an early assessment of the value and suitability of your property.
If we have received personal information that we have not requested (unsolicited personal information) we will delete or destroy it as soon as practicable but only if it is lawful and reasonable to do so, or ensure that the information is de-identified.
In certain circumstances we may be required or permitted by law, court or tribunal order to collect certain personal information about you.
You do not have to provide us with your personal information, but if you do not provide us with the personal information that we need, we may not be able to provide, or facilitate the provision of the Services or assistance to you or on your behalf.
When do we collect personal information?
We collect personal information in a number of ways, including:
- when you visit and interact with our website and related software (including mobile applications);
- when you register with our website;
- through cookies and other technologies that allow us to give you a better experience on our website; and
- when you contact and interact with us or the Trustee independently of our website, such as by email, phone or in person.
We may also collect personal information from third parties including from real estate agents and the undertaking of searches and enquiries related to you or your property.
Where relevant you consent to Shannah Kennedy posting and using any photographs and/or personal information you might upload both on our website, its social media sites (including Facebook) and in any other content or copy we may use for the purpose of our functions and/or activities.
The Trustee may also need to collect further personal information about you from third parties to provide the Services, subject to your consent, such as:
- your advisers such as your personal representative, accountant or lawyer; and/or
- other third parties such as fund managers, superannuation funds, life insurance companies and other product providers.
How do we use your personal information?
We collect your personal information in order that you may receive the benefit of our website and/or the Services.
- disclose to a real estate agent your name and contact details;
- provide Services requested by you;
- establish, maintain and administer your account;
- confirm property ownership with relevant bodies;
- develop, administer and enhance the algorithms, functionality and performance of our guaranteed minimum price services;
- send you service or promotional communications, including surveys and information about security updates;
- create or distribute direct marketing advertising material that is relevant to you;
- conduct verifications of profiles, checking credentials, monitoring and reporting as reported under the Shannah Kennedy website Terms and Conditions or under any applicable laws;
- undertake quality assurance and training purposes;
- provide stories, commentary or share photos or other personal information you have uploaded on our website onto other social media channels associated with Shannah Kennedy (including Facebook); and
- any other uses identified at the time of collecting your personal information.
The Trustee may also use your personal information, in relation to providing you with the Services to:
- manage and administer the provision of the Services; and/or
- assess your application and verify your identity in accordance with Anti Money Laundering laws.
Your personal information may also be sent to our and the Trustee’s customer service teams and assist us and/or the Trustee (as applicable) in providing any Services to you.
When might we disclose your personal information?
Any personal information provided to us may be disclosed by us or by the Trustee in providing the Services, if appropriate, to other entities in order to facilitate the purpose for which the information was collected. Such entities generally include:
- third party service providers, included but not limited to the Trustee, for the purpose of enabling them to provide the Services or a service such as (but not limited to) payroll, superannuation administration, IT service providers, data storage, web-hosting and server providers, debt collectors;
- the Trustees’ third party service providers and other parties involved in providing, managing or administering the Services;
- your nominated legal and financial advisers;
- any related entity of Shannah Kennedy;
- any applicable or relevant regulator or third party for the purpose of legislative or contractual compliance and/or reporting; or
- other entities if you have given your express consent.
Those entities will be permitted to obtain only the personal information necessary to deliver the Services. Shannah Kennedy and/or the Trustee (as applicable) takes reasonable steps to ensure that these organisations and individuals are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
If you conduct any transaction that requires a payment by you, some of your details may be provided to a third party payment processor to allow the transaction to be completed.
Does Shannah Kennedy use personal information for direct marketing?
From time to time we may use the personal information we collect from you to identify particular Shannah Kennedy services that we believe may be of interest to you. We may then contact you to let you know about these services and how they may benefit you. We will generally only do this with your prior consent (where practical) and we will always give you a choice to opt out of receiving such information in future.
Direct Marketing communications from Shannah Kennedy generally takes the form of an Electronic marketing email.
Electronic marketing – Where we use your personal information to send you marketing information by email, SMS, MMS or other electronic means we may do so with, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth) and your consent. You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. Every directly addressed marketing contact sent or made by Shannah Kennedy will include a means by which you may unsubscribe (or opt out) of receiving further marketing information. Additionally, you may instruct us at any time to remove any previous consent you provided to receive marketing communications from us. Requests should be directed to us via the channels provided under ‘Contact us’ below.
Links to third party websites
Accessing your personal information held by Shannah Kennedy
You may access personal information we otherwise hold about you. Access to your personal information may be denied on certain grounds including, for example: it is unlawful; it may have an unreasonable impact upon the privacy of other individuals; or your request is frivolous or vexatious. If we deny you access we will provide our reason for doing so at the time of your request.
If you wish to access the personal information we hold about you or request correction of it, you should contact the Privacy Officer on the details below who will respond to your request within a reasonable period after the request is made.
To access your personal information held by the Trustee please contact the Trustee directly:
How can you correct and update your information?
We take reasonable steps to ensure that the personal information we hold about you is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your personal information by maintaining and updating your profile on our website.
Please contact us using the contact details below as soon as possible if there are any changes to your personal information or if you believe the personal information we hold about you is not accurate, complete or up-to-date so that we can update your file accordingly.
Storage and security
We will take all reasonable steps to protect your personal information, and you will be able to access your personal information that is held on our website at any time (subject to service outages) to keep it updated.
Although we aim to create a safe, secure environment by trying to limit access to the website to legitimate users, we cannot guarantee that unauthorised parties will not gain access. We will not have any liability arising from any unauthorised access to your personal information.
All such enquiries or complaints will be taken seriously and will be handled as soon as reasonably practicable.
To make a compliant about the Trustee’s use of your personal information please contact the Trustee directly:
Please contact us at our offices via the contact details provided below if you want to:
- obtain further information about the way we manage your personal information;
- access your personal information held by us;
- raise a concern or make a complaint regarding how we collect or handle your personal information;
- correct or update your personal information held by us; or
- unsubscribe from any Shannah Kennedy mailing list or have any questions or complaints regarding unsolicited electronic communications that you may have received or are concerned about.
Please contact us immediately if you become aware of any unauthorised use of your account by anyone else or any other breach of security.
Need more information on privacy?
For more general information regarding privacy in Australia, visit the website of the Office of the Australian Information Commissioner (www.oaic.gov.au).