Why Your Privacy Matters To Us

This Privacy Policy sets out how OpenAgent Pty Ltd ACN: 161595679 (“OpenAgent”, “we” or “us”) is committed to protecting your privacy in accordance with the Privacy Act 1988 (Cth).  When visiting our website www.openagent.com.au, using any of our products and services or otherwise providing us with your personal information (or authorising it to be provided to us by someone else), you agree to your personal information being handled as set out in this Privacy Policy.

OpenAgent may also update this Privacy Policy from time to time. We encourage you to review it periodically for changes on our website and provide your feedback. Please note that your continued use of our products and services, requesting our assistance or the provision of further personal information to us (directly or via an authorised person) after this Privacy Policy has been revised, constitutes your acceptance of the revised Privacy Policy.

 

What Kind of Information Do We Collect?

Regardless of whether you register on the website, we will collect general information that is not personal to you. This type of information generally relates to your behaviour on the site. It includes things like the type of browser you are using, your geographic location, and how you came to the website. It also includes information that will help us trouble-shoot problems, analyse our resources and improve our services.

There are many aspects of the site that can be viewed without providing personal information. However, for access to future OpenAgent customer support features (for example, the Buyers Network, Vendor Research Services and OpenEstimates) you are required to submit personally identifiable information. This may include - but is not limited to - your name, email, phone, address. In limited circumstances, we may request sensitive information to confirm your identity and property ownership.

If we have received personal information that we have not requested (unsolicited personal information), don’t worry. We will either 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. However, we do rely on receiving your personal information to provide our services or assistance to you or on your behalf. If you have any concerns, please contact us on the details provided below.

 

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 and tablets);
  • when you register with our website;
  • when you participate in other activities we offer, including online competitions;
  • 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 independently of the website, such as by email, phone or in person.

From time to time, we also collect personal information about you from third parties or organisations such as:

  • OpenAgent Group companies;
  • public registers or other publicly available sources of information;
  • your representatives (including employers), upon authorisation from you;
  • other organisations who collaborate with us to provide products or services to you;
  • third party websites, applications or platforms that interface with our own websites and applications;
  • our contracted service providers;
  • social media platforms if you publicly comment or send us a private message; and
  • digital tracking tools such as cookies.

You must not provide us with the personal information about another person unless you have first obtained that person’s prior consent to do so and you have told them their personal information will be handled in accordance with this Privacy Policy (including where they can find it).

 

How Do We Use Your Personal Information?

We collect your personal information in order that you may receive the benefit of our website, products and services. Subject to this Privacy Policy, we may use your personal information to:

  • to check your eligibility for a product or services;
  • establish, maintain and administer your account;
  • provide products and services that you have requested including (but not limited to), contact with real estate agents, credit providers or a commercial partner that engages in credit activities other than as a credit provider;
  • disclose to an interested party (such as a potential buyer or vendor of real estate property) you have requested contact with, your name and contact details;
  • generate and report aggregate statistics to advertisers and business partners;
  • conduct verifications of profiles, checking credentials, monitoring and reporting as required under our product and service terms or under any applicable laws;
  • create or distribute advertising and marketing material that is relevant to you;
  • develop, administer and enhance the algorithms, functionality and performance of our products and services;
  • quality assurance and training purposes;
  • communicate with you in relation to products or services we offer;
  • deliver service or promotional communications, including surveys and information about security updates; and
  • to provide stories, commentary or share photos or other personal information you have uploaded on our website onto other social media channels associated with OpenAgent (including Facebook).

If we want to use your personal information for any other purpose, we will provide you with information on the new purpose or update this privacy policy.

Your personal information may also be sent to our customer service teams who reside in New Zealand and the Philippines to assist us in providing the services to you.

As a reminder, your use of the website, our products or services is conditional on us using and disclosing your personal information in any manner that could reasonably be contemplated by this Privacy Policy and our terms and conditions of the OpenAgent website generally.

 

When Might We Disclose Your Personal Information?

Any personal information provided to us may be disclosed, if appropriate, to the OpenAgent Group and other entities in order to facilitate the purpose for which the information was collected. This means that we will disclose your personal information to organisations outside of the OpenAgent Group who assist us in delivering or supporting the products and services we provide to you.

For example, we may disclose your personal information to third party service providers with whom OpenAgent has a commercial relationship for the purpose of enabling them to provide a product or service such as (but not limited to) OpenEstimates, the Buyers Network, payroll, superannuation administration, IT service providers, data storage, web-hosting and server providers, debt collectors. Further, 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. We may also disclose your personal information to any applicable or relevant regulator or third party for the purpose of legislative or contractual compliance and/or reporting, or to other entities if you have given your express consent.

Those entities will be permitted to obtain only the personal information necessary to deliver the product or service. OpenAgent takes reasonable steps to ensure that these organisations and individuals are bound by equivalent confidentiality and privacy obligations in relation to the protection of your personal information. If you would like to know who has been given access to your personal information, just ask!

From time to time, these parties may reside outside Australia. Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this Privacy Policy. However, you acknowledge that, by agreeing to the disclosure of your personal information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the recipient’s compliance with the Australian privacy law in relation to your personal information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients. On this basis, you consent to such disclosure.

 

Does OpenAgent Use Personal Information For Direct Marketing?

From time to time we may use the personal information we collect from you to identify OpenAgent 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 from OpenAgent generally takes the form of an electronic marketing email. Electronic marketing occurs where we use your personal information to send you marketing information by email, SMS, MMS or other electronic means we may do so with your express or implied consent. You may give us your express consent by, for example, ticking a box on an electronic or submitting a form where we seek your permission to send you electronic or other marketing information. Consent may also be implied from our existing business relationship or where you have a reasonable expectation of receiving an electronic marketing communication.

Every directly addressed marketing contact sent or made by OpenAgent will include a means by which you can 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. General requests should be directed to us via the channels provided under "Contact Us" below.

 

Links To Third Party Websites

Our website may contain links to the websites of other entities. If you click on such links, you will be transferred to the website of these entities. OpenAgent has no control over, and is not responsible for, the privacy practices of these entities. You should read the privacy policy of these entities to find out how they handle your personal information when you visit their websites.

 

Personal Information About Employees or Job Applicants

OpenAgent will collect personal information from you if you apply for a job with and/or become employed by us. In these circumstances:

  • you authorise us to collect any personal information (whether written or verbal) from any referee or previous employer specified in your application for employment or curriculum vitae for evaluation of your application for employment and to hold such information on your personal file for future evaluation of your employment by us.
  • you acknowledge that we collect your personal information for the purpose of evaluating your application for employment and, should you accept employment with us, the assessment of your continued employment by us and the administration by us of your remuneration and any PAYG obligations.

You acknowledge that a failure by you to provide the requested personal information will have a detrimental effect on our ability to give your application proper consideration. You can request to access and/or correct your personal information in accordance with this policy.

 

Accessing Your Personal Information Held by OpenAgent

Generally, you may review, edit, correct or delete any personal information you submit to us at any time. Access to your personal information may be denied on certain grounds including (for example) it is unlawful, or 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 a correction of it, please contact us on the details provided below and we will respond to your request. We do not charge you for such requests.

 

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. Please contact us on the details provided 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 records accordingly.

 

Dealing With Us Anonymously or by Pseudonym

For us to successfully do business with you it will not (in most circumstances) be practical for us to deal with you without you providing relevant personal information to us. However, where it is lawful and practicable to do so, you may deal with us anonymously or by using a pseudonym.

 

Storage and Security

There are a variety of physical, electronic and other security measures in place to safeguard your personal information.  We will take all reasonable steps to protect your personal information, At any time, you can request to access your personal information held on the website (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. If you want to know more about this or have any concerns, please contact us on the details provided below.

 

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 entities covered by the Privacy Act 1988 (Cth) – which includes OpenAgent. The Office of the Australian Information Commissioner (OAIC) administers the NDB Scheme. For your convenience, their contact details are provided here:

Website: https://www.oaic.gov.au/privacy/notifiable-data-breaches/
Phone: 1300 363 992
Email: enquiries@oaic.gov.au

The NDB scheme requires OpenAgent to notify the OAIC and impacted individuals about data breaches likely to result in serious harm to any of the individuals to whom the information relates. This means that if we believe there has been an eligible data breach impacting your personal information, then we will notify you as soon as possible and keep you advised on the nature of the breach. This will include the steps we are currently taking (including to our security measures based on the breach) and a guide to how you can reduce any impact to your privacy. Please contact us on the details provided below if you have any questions.

 

General Data Protection Regulation

As of 25 May 2018, the European Union’s General Data Protection Regulation (GDPR) serves to regulate data protection and privacy for individuals in the European Union (EU), including the processing of personal information.   Our collection, use, disclosure and processing of your personal information is regulated by the GDPR if we offer products and services to you while you are in the EU, or if we monitor your behaviour while you are located or residing in the EU (Data Subject).

The GDPR provides Data Subjects with certain rights. These include the right of access; the right to be informed; the right to object; the right to withdraw consent; the right to rectification; the right to erasure; the right to data portability; the right to restrict processing (in particular circumstances); and the right to object to automated decision making in limited circumstances. If you need further information on these rights, please contact us on the details provided below.

As a Data Subject, you can request and obtain: 

  • copies of your data and how OpenAgent is using it; 
  • details of how long the data will be stored; and
  • information about whom the data may be disclosed to. 

You can also contact us at any time to learn about the security measures taken by OpenAgent to safeguard your data on the details provided below. 

For clarity, OpenAgent will only collect and store your data if you have provided express consent and if the provision of your personal data is necessary for the performance of an agreement between yourself and OpenAgent, including fulfilment of pre-contractual obligations.

We also collect information using cookies when you use the OpenAgent website, including any mobile or tablet applications. These cookies will tell us about your visit to our website 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 products or services may be of interest and value to you and then tell you about them.

OpenAgent may also collect your data to comply with legal obligations, and if the processing of your data is related to a matter in the public interest or in the exercise of official authority vested in OpenAgent. Don’t worry, if we are obliged to retain your personal data for a longer period due to the performance of a legal obligation or upon order of an authority, we will comply with our obligations and inform you as such.

Please note, you have the right to object at any time to the processing of your personal data. If processing occurs for legitimate business interests, you will need to provide us with grounds justifying your objection. If we are processing your personal data for direct marketing relating to OpenAgent, you can object without any justification. We want to know about your objections as soon as possible, so please don’t hesitate to contact us and let us know.

Under the GDPR, you can also request information about whether we are transferring any of your personal data to another country; or an international organization governed by public international law or set up by two or more countries. You can also elect to have your personal data transmitted to another controller if your personal data is being processed by automated means and if the processing is based on your contracted consent.

For clarity, we will only send your personal information outside of the European Economic Area where you instruct us to do so or to comply with the law or to work with other companies within the OpenAgent Group, partners and third parties who help us deliver our products and services. If we disclose and store your personal information outside the European Economic Area (EEA), we will only do so if it is protected to an equivalent or higher standard than GDPR. For example, we will require the recipient of your personal information to:

Finally, your personal data will only be processed and stored for as long as required by the purpose for which it has been collected for. Following withdrawal of consent, or where there is no legitimate need for your personal data, we will delete it.

 

Changes to this Privacy Policy

We may change this Privacy Policy from time to time or as the need arises. Updated versions of this Privacy Policy will be available on our website. You should review our Privacy Policy regularly to ensure that you are aware of any changes to its terms. 

 

Privacy Complaints

We care about your rights and want you to feel confident in how we store and use your personal information. If you believe that we have breached your privacy rights in any way, or you would like to discuss our privacy policy, please contact us on privacy-policy@openagent.com.au. All such enquiries will be prioritised, and any complaints are taken seriously.

 

CONTACT US

Contact Details:  2/36 Wyndham St, Alexandria NSW 2015
Telephone: 13 24 34
Email: privacy-policy@openagent.com.au

You can contact us 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 OpenAgent mailing list;
  • let us know if you have any questions or complaints regarding unsolicited electronic communications that you may have received or are concerned about.

Please also 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).