Privacy Policy

Welcome to OpenAgent!

We take your privacy seriously, and that’s why we want you to know exactly how your information will be shared amongst our different businesses and when we need to share it with a third-party.

Introduction

OpenAgent Pty Ltd ABN 93 161 595 679 (OpenAgent) respects its customers, third parties, suppliers and visitors (you, your) privacy and is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act), and the Australian Privacy Principles.

OpenAgent is part of the OpenAgent Group, which includes OA Real Estate Pty Ltd ABN 41 164 368 843 (OA Real Estate). OA Real Estate is our wholly owned subsidiary. This Privacy Policy governs the collection, use and disclosure of your personal information to OpenAgent and its related body corporates (collectively referred to as “OpenAgent”, “us”, “we” and “our”).

This Privacy Policy (Privacy Policy) applies to all personal information handled by OpenAgent - including information submitted by you and collected by us in connection with the use of our products and services. This includes (without limitation) the use and disclosure of information through utilisation of artificial intelligence (AI) technologies, microsites, mobile websites and any mobile applications, or through our official social media pages that we control (our “Social Media Pages”) as well as via email communications that we send to you (collectively, the “Sites”).

This Privacy Policy describes how we deal with information we collect and demonstrates our commitment to the protection of your privacy. By registering to use our platform or applying for a product or any other service we provide, visiting the Sites and otherwise providing personal information to us, you are accepting and consenting to the practices described in this Privacy Policy. If you do not agree with any of the terms of this Privacy Policy, please do not use the Sites or submit any personal information to us.

What is Personal Information?

The Privacy Act defines personal information as information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not (personal information).

Collection of Personal Information

We primarily collect your personal information directly from you. Occasionally, with your consent, we may gather information about you from other individuals and organisations.

We gather personal information through various interactions:

When you express interest in, apply for, or use our products or services, including our vendor research services or those from a related entity.
When you contact us with inquiries or provide feedback.
When you visit our websites, register for, or utilise our digital services and AI plugins.
When you take part in our activities, such as competitions or surveys.
When you engage with us or conduct business via phone or email.
Through digital tracking tools like Google Analytics and Google Signals, and sometimes automatically via tracking technologies such as cookies.
Via payment providers; for instance, if you contract our services for a fee, we collect and use your payment details (e.g., credit/debit card information) to process payments, typically handled according to the relevant payment provider's terms.
From other sources, including public databases, acquired contact lists, real estate agents, your employer, regulators, and government and statutory bodies.

We also use tracking technologies, including cookies, web beacons, and measurement software, to gather data on your website activity. This typically involves collecting non-personal information, such as the pages you view on our websites. Our purpose in doing so is to enhance your experience with our services, making it more helpful and personalised.

Types of Personal Information

The personal information we collect about you varies depending on the circumstances, for example, whether you are a customer, real estate agent, third-party service provider, or job applicant.

For instance, if you request local real estate agent recommendations from us we will collect identification information such as your name, property address, email, telephone number, and any other details necessary to fulfill your request.

We also maintain records of all your interactions and communications with us, primarily through monitoring and recording, which will include personal information you have provided to us. For instance, we review transcripts of your conversations for compliance and to enhance our services. If you wish to know what specific information we hold about you, please contact us at privacy@openagent.com.au.

While providing your personal information is voluntary, withholding it may prevent us from verifying your identity, processing your application, managing our relationship, communicating with you, fulfilling our obligations, or providing certain products and services.

How We Use Your Personal Information

We will use your personal information to provide you with the products and services you request, respond to your inquiries, provide you with direct marketing and to manage your account. This also allows us to ensure compliance with our website's terms of use and to offer you relevant products and services that may be of interest.

More specifically, we collect and use your personal information to:

Provision of Services	Establish and verify your identity, including setting up and administering your account or profile. Provide, personalise, and improve our services, including assessing your eligibility for products, facilitating referrals, and enabling communication between you and third parties (e.g. real estate agents or credit providers). Administer and manage product and service delivery, including payments, transactions, fees, and debt collection. Fulfil our obligations under any contracts you enter into with us.
Customer Support & Communications	Respond to your enquiries and provide information about products and services that may be of interest to you. Send you updates about our products and services, security, and surveys. Contact you, including through the use of AI, to request feedback or conduct research aimed at improving our services and your experience. Monitor interactions for quality assurance and training purposes.
Marketing & Personalisation	Deliver more relevant and personalised services and content, such as pre-filled forms or property reports. Combine data from third parties, cookies, and web beacons to improve the relevance of your experience and enhance the quality of our own and third-party services. For example, matching behavioural data from cookies with enquiry form details to help agents better understand your interests. Re-market using cookies to serve ads based on your previous site visits. Create and distribute marketing and advertising materials, including on behalf of selected business and commercial partners. Initiate and develop new business opportunities for us and/or our selected partners.
Product & Technical Development	Evaluate and develop new content, features, technologies, and improvements to our services, including the performance and functionality of our algorithms and platforms. Improve the quality and usability of our products and services, including optimising your experience, advertising, and content across our Sites. Understand, diagnose, and resolve issues, including troubleshooting and enhancing your security during interactions and Site visits.
Content & Feedback	Create, host, publish, and share content such as feedback, reviews, photos, videos, audio, and virtual tours via our sites and social media pages. Generate stories, commentary, profiles, or descriptions using information you provide. Develop and verify your data profile by combining your information with data from other sources to generate analytics, insights, and research for us and our selected partners. De-identify data to provide insights and analytics services to other organisations, including sharing de-identified information. Generate and report aggregate statistics to advertisers, service providers, and other third parties.
Compliance, Reporting & Legal Obligations	Manage internal and external reports for business and compliance purposes, including: Financial forecasting and reporting, Business planning and capability, System and process testing, Risk management and communications management, Corporate governance and audits. Provide information to third parties as required or authorised by law, a court, or a tribunal.

We may share your information with third parties for the reasons mentioned above (see “How We Use Your Personal Information”), or where the law otherwise allows or requires us to. The types of third parties are listed below (under “Disclosing Personal Information”). You can also contact us at any time for more details regarding the disclosure of your personal information.

We engage third-party service providers to facilitate and support the delivery of our products and services. These providers may access your personal information to perform tasks on our behalf, and they may also share personal data with their affiliates or partners as required to fulfill their services or by law.

When sharing personal information with a service provider, whether in Australia or overseas, we implement appropriate privacy, data handling, and security measures to safeguard your information. This includes ensuring that third parties are bound by confidentiality obligations regarding the collection and storage of customer information. We may also utilise cloud storage for your personal information.

Disclosing Personal Information

Third-party	Description
OpenAgent	OpenAgent may share your information between members of the OpenAgent Group. This includes OA Real Estate Pty Ltd ACN 164 368 843. Each entity may use your information as outlined under “How We Use Your Personal Information”.
Authorised Third Parties	We may share information with third parties where you have authorised us to do so or where we are legally required. They include: Real estate agents and agencies, with your explicit consent. Third parties you've authorised to act on your behalf, such as accountants, financial counselors, legal representatives, agents, mortgage brokers, or financial advisors, or a person with Power of Attorney. Credit providers, as a mere referral and only with your explicit consent. Legal guardians or family members you've authorised to act on your behalf. Guarantors and other security providers.
Commercial and strategic partners	We may share your information with OpenAgent’ service partners, external service providers and other organisations that facilitate the supply of products and services. These include (without limitation): AI service providers (for example, but not limited to OpenAI L.L.C. and its affiliates), whenever you interact with us or utilise the AI plugins on the Sites; other organisations that we partner with to supply or deliver products and services; third-party advertisers, e.g. Google Analytics, Google Adwords & Facebook; administrative service providers; investors and funders of OpenAgent; auditors and insurers; processing, payment clearing, credit reference, debt collecting or other service providers necessary to the operation of our business; fraud and misconduct investigators or service providers; and external service providers we engage for various tasks, such as marketing, advisory services, debt recovery, legal services, and information technology and cloud services.
Verification Services	We will disclose information to third-party service providers or organisations that can verify information that you have supplied when applying for a product or service, or making a claim, including (but not limited to): your employer, to verify your employment status; identity verification service providers; commercially available third-party databases.
Referrals	We may share information with third parties where you have authorised us to do so. We will seek express consent before sharing of information takes place.
Government and law enforcement agencies	Where we are authorised to do so by law, we will disclose your information to government and law enforcement agencies or regulators in order to comply with our legislative or regulatory obligations in any of the jurisdictions where we operate.

We may disclose your personal information to third parties when necessary for the stated purposes or when legally required. For example, sometimes we use third-party platforms to deliver or store information. Some of our service providers are located overseas, including in the United States of America, Canada, Indonesia, the Philippines, and various countries within the European Union, such as Germany.

Opting out of Marketing

We may periodically use your personal information to inform you about products and services that we believe would be of interest or value to you. This includes general updates on market conditions and existing offerings, information about new products and services, and changes related to OpenAgent or our affiliated businesses. Please note that we do not sell your personal information for direct marketing purposes.

We will contact you via various means, including but not limited to, email, text or push notification and depending on your account or operating system settings. You have the right to opt out of receiving direct marketing at any time. If at any time you wish to stop receiving direct marketing messages from us you can let us know by contacting us. In your request, please indicate that you wish to stop receiving marketing communications from us.

Correcting Your Information

You may request access to or correction of your personal information by contacting our Privacy Officer at privacy@openagent.com.au. We will respond to your request within 7 working days. In some cases, access may be denied as permitted by law. If we deny your request, we will provide an explanation.

Notifiable Data Breach Scheme

The Notifiable Data Breaches (NDB) scheme applies to eligible data breaches that occur on or after 22 February 2018. It mandates a reporting and notification process for OpenAgent. The OAIC administers the NDB scheme.

If there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that OpenAgent holds;

this is likely to result in serious harm to one or more individuals; and
we have not been able to prevent the likely risk or serious harm with remedial action,
then we are required to notify the OAIC about the incident.

The NDB scheme ensures that as an organisation, we are accountable for your privacy protection. The notification process is important for building a relationship of trust and transparency. In addition, by keeping you notified, you’re better able to take steps to mitigate harm, such as changing passwords or being alert to phishing emails or scams. In the interim, OpenAgent will take steps to remediate the breach and will keep you advised on our progress, including the security measures being undertaken.

Please contact us on the details provided if you have any questions about this.

By Post: PO Box 419, Alexandria NSW 1435

By Email: privacy@openagent.com.au

Cookies

We will collect information using cookies when you use our Sites, including any mobile or tablet applications. These cookies will tell us about your visit to our Sites and help us to remember you, allowing us to create a customised experience for your next visit. For example, marketing cookies help us to determine which of the services may be of interest and value to you and then tell you about them. We also use cookies for other purposes, including, to facilitate and enhance the functionality of AI on our Sites, to better understand behaviours and habits, as well as diagnosing problems and making improvements to our products and services. We may also use cookie information to display targeted advertisements or content on our network and on our Sites and also on third-party networks and websites, including Google and Facebook (without limitation).

OpenAgent uses Google Analytics and Google Signals.

Google Analytics uses cookies to analyse your use of our Sites. The information generated by the cookie is usually sent to and stored overseas by Google. The types of information generated by the cookie include your location, search history and data from sites that partner with Google. We use the information provided through Google Analytics to understand and evaluate your use of our website, compile reports about activity and provide other services relevant to optimising your use of the Sites.

We also use Google Signals. This allows us to assign and track the customer journey of an individual website visitor to different end devices. For example, we can see when a user clicks on an OpenAgent advertisement on one device and then registers for our services on another device. However, we can only see this if the user has logged in to a Google service when visiting a website and has activated the option “personalised advertising” in their Google account settings at the same time. If you do not want “Google Signals” to be used, you can disable the “Ads Personalisation” option in your Google Account preferences. No personal data or user profiles are accessible to us; this means you remain anonymous to us.

For more information, please see Google’s Privacy Policy.

De-identified Data

From time to time, we may collect, use and disclose de-identified data. De-identified data is data which has had all personally identifiable information removed or anonymised. This means that you can no longer be identified, nor can any other individual in that data-set. When we no longer need your personal information for any of the purposes set out in this Privacy Policy, or as otherwise required by law, we will take reasonable steps to destroy it or to de-identify it. We will use de-identified data for research and commercial purposes, such as creating reports and insights.

For example, we will use and share historical and current de-identified user and transactional data to develop marketing initiatives and product offerings. Those understandings, whether developed internally or in connection with an external partner may also be provided to our selected business and commercial partners from time to time. If you have any concerns or questions about our approach to, or use of, de-identified data, please let us know.

How We Store Personal Information

OpenAgent takes all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or exposure. We use a range of physical, electronic and other security measures to protect the security, confidentiality and integrity of the personal information we hold about you.

We may use cloud storage to store your personal information, as well as store personal information in both electronic and paper form. We also require all OpenAgent staff to maintain the confidentiality of personal information. Access to personal information is restricted to employees with roles and responsibilities which require access to the information. If we no longer need to hold your personal information, it is securely destroyed or de-identified.

Where third-party service providers have access to or store your information in order to facilitate the supply of products and services, OpenAgent seeks to minimise the collection and storage of personal information to what is necessary in order for the third-party service provider to deliver their services. Other general security measures deployed include ensuring information is encrypted during transmission and storage, performance of security audits and assessments of systems and infrastructure storing or with access to personal information, and ensuring third-party service providers meet our security standards and adhere to legal requirements.

For more information on how we store and protect your personal information, please contact privacy@openagent.com.au

Third-party Links

Our Sites may also contain hyperlinks to websites operated by third-parties. We are not responsible for the content of such websites, or the manner in which those websites handle any personal information you provide. In these cases, your personal information may be collected by that third-party and not by us and will be subject to that third-party's privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, that third-party's use or disclosure of your personal information.

Online Applications

From time to time, you may send an application to us via an online form. We may use that information to correspond with you directly and to determine the suitability of any products and services. If you start but do not submit an online application, we may contact you using any of the contact details you have supplied to offer help completing it.

AI & Automated Decision-Making

We may in some cases use automated decision-making. We will only do so in limited circumstances. For examples, if it is authorised by law, if you have provided an explicit consent, or if it is necessary for the performance of a contract. In most cases, you may request that we use a manual decision-making process instead. You can otherwise express an opinion on or contest any decision which was based solely on automated processing or profiling.

If we are using automated decision-making elsewhere, we will let you know about the logic used, our legal basis, the significance and envisaged consequences.

We use artificial intelligence (AI), including third-party plugins, to support compliance monitoring, staff training, and to enhance service delivery. Where AI is used to collect information from you directly for these purposes, we will make this clear at the point of collection.

Our use of AI generally, including any AI plugin, is powered by technology developed by OpenAI L.L.C. and its affiliates, with functionality supported by other third-party service providers. As a result, all information disclosed to OpenAgent will be shared with and stored on servers located within the United States of America and Canada.

If you share personal information with an AI plugin on our sites, responses will be generated automatically based on your input and the context of the interaction. These responses may be reviewed as part of our human-led moderation processes to ensure appropriate use of AI.

We and our third-party providers may also store and review phone call data and AI chat transcripts to:

train and improve AI models;
enhance service quality and accuracy over time;
support compliance monitoring, including supervision of staff interactions;
conduct performance analysis and reporting; and
pursue other legitimate business interests..

If you have any questions about OpenAgent's use of AI, please contact privacy@openagent.com.au

Variations to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time by publishing an updated version of this Privacy Policy on our Sites and taking any further action as required by law, after which, your continued use of the Sites or your provision of any further personal information will indicate your acknowledgement to the modified terms of this Privacy Policy. This Privacy Policy was last updated on 14 August 2025.

Privacy Complaints

If you would like any further information about our handling of personal information, or to make a complaint about our handling of your personal information, or you believe there has been a breach by us of the Privacy Act, please lodge a complaint addressed to our Privacy Officer at privacy@openagent.com.au. Once we receive your complaint, we will respond to you within 7 working days. We will provide you with a decision on your complaint within 30 days.

You can also contact the Office of the Australian Information Commissioner (OAIC). The OIAC can be contacted by phone: 1300 363 992 or via its website: www.oaic.gov.au