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Prospecting Policy |
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OpenAgent Pty Ltd (OpenAgent) is committed to providing quality services to you. As part of this commitment, we may provide prospecting or customer profiling services to help you unlock more value from your own data. This policy outlines the privacy obligations in respect of that activity and how personal information will be managed and shared (Prospecting Policy).
This policy has been drafted to provide you with general guidance around the Privacy Act 1988 (Cth) obligations held by us and you whenever you engage with, or use our customer profiling services. It is not legal or professional advice, and must not be relied upon as such. You must seek your own independent legal advice prior to commencing any data sharing activities with us.
By engaging with or subscribing to our products, you agree to this Prospecting Policy and our general Privacy Policy found at http://www.openagent.com.au/privacy-policy. Where there is any perceived inconsistency between this Prospecting Policy and the OpenAgent Privacy Policy, please contact us and await further instructions. If there is any inconsistency between this Prospecting Policy and the OpenAgent Privacy Policy, the provisions of this Prospecting Policy will prevail to the extent of the inconsistency. If you have any questions or concerns regarding compliance with this Prospecting Policy, please contact us at privacy-policy@openagent.com.au. |
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Changes To This Prospecting Policy |
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We may update this Prospecting Policy from time to time. As a result, we encourage you to review our policy periodically for changes and provide your feedback to us. Don’t worry - these updates are usually clarifications based on feedback from customers or service developments. Any material revisions of this policy that would result in a material detriment to you will be notified to you by a posting on the website, via e-mail or any other means available to us.
Please note that your continued use of prospecting or customer profiling services, requesting our assistance or the provision of further personal information to us (directly or via an authorised person) after this Prospecting Policy has been revised, constitutes your acceptance of the updated Prospecting Policy. |
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What is Personal Information? |
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Personal information has the meaning given to it in the Privacy Act 1988 (Cth), and (for clarity) includes any information or opinion, whether true or not, and whether recorded in material form or not, about an individual who is reasonably identifiable. |
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What Personal Information Do We Collect About You? |
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We collect varying types of personal information from you depending on the nature of your enquiry and the services(s) that you request from us. Generally, we’ll have a record of your name, photo and contact details, billing details and sales history. We may also collect information about your employer and/or the real estate agency you represent. Additional personal information may be collected following disclosure by you, or where you authorise us to collect such information, or as part of your interactions with us.
We collect your Personal Information for the primary purpose of providing our prospecting services to you, as well as for marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. For example, we will use your personal information to bill you for the provision of our services, or to send you offers about additional products and services relevant to real estate activities. You may unsubscribe from our marketing list at any time by contacting us in writing or by unsubscribing via the link provided in our communications.
You can decline to give us any personal information we request at any time. However, this may mean we cannot provide you with some or all of the services you have requested. You can also access the personal information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your personal information, please contact us via privacy-policy@openagent.com.au. |
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What Personal Information Do We Collect from Your Customers? |
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The kinds of personal information we collect from, and verify with, your customer will depend on the relevant disclosures of the customer from time to time. Generally, it includes the customer’s name, contact details, and information regarding their propensity to buy or sell property, as well as information relevant to their interactions and transactions with you.
Your customers can, and sometimes will, decline to give us any personal information we request on your behalf. They may also elect to deal with us anonymously or using a pseudonym. In these situations, we will nurture and verify their data profile to the extent possible, and always subject to their consent. We will seek to update your records based on our interaction with the customer and their reasonable instructions. |
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When Do We Collect Personal Information From Your Customers |
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We collect and verify personal information from your customers from different sources. Primarily, it is done through information provided by you to us, or through direct communication with the customer by telephone and/or by email.
We will always notify your customers that we are calling from OpenAgent, and on behalf of you. We do not hold ourselves out as having authority to make decisions on your behalf or to carry out licensed real estate activities. Where appropriate and possible, we explain to the customer why we are collecting the personal information and how we plan to use it, including data sharing with you. Our ability to share customer information with you is always subject to the customer’s consent.
We collect a customers' personal information for the primary purpose of nurturing and verifying their data profile to generate and report analytics, insights and research (including without limitation, that customer’s propensity to buy or sell property). We also collect customers' personal information in connection with providing services to you, and for marketing purposes. Customers can unsubscribe from our marketing at any time by contacting us in writing or by unsubscribing via the link provided in all our communications.
We may also use a customer’s personal information for secondary purposes closely related to the primary purpose, in circumstances where that customer would reasonably expect such use or disclosure. For example, we will use their personal information for administrative purposes connected to our prospecting services and to provide customer relationship management solutions. Where reasonable and practicable, we will liaise with the customer to notify them of the intended activity prior to it taking place. |
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What Are Prospecting or Customer Profiling Activities? |
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We will nurture, prospect and qualify your customer data (including CRM data) where you provide, or give access to us that information for the purposes of lead generation and data cleansing. This may include the following activities: (a) matching your CRM data with our data to identify whether any properties exist within both datasets ; (b) calling and emailing customers on your behalf to provide further qualification and analysis; (c) your CRM data entries being updated, inserted or modified; (d) customer information, analysis and reports being provided to you, referred together or separately as “Customer Profiling” and/or “Prospecting”. |
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When Can I Provide You With My Customer’s Data? |
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You must only provide such data where permitted by the Privacy Act 1988 (Cth). You must not provide us with personal information without providing notice to, and receiving the consent of the customer(s) that the data relates to. This extends to also updating your privacy policy to ensure any activity we undertake on your behalf is disclosed. The data in connection to any activity authorised by you must also be securely sent to us, and stored by you in a protected data environment in order to prevent misuse, interference and loss, as well as unauthorised access, modification or disclosure. |
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How Do I Provide You With My Customer Data? |
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You may provide us with customer data via the use of a secure and encrypted API. If you would prefer to send us customer data in another manner, please contact us directly to make arrangements. Your data must be encrypted at rest and in transit. |
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How Do I Securely Store Customer Data? |
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All personal information must be stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. We highly recommend that you speak to the relevant technical support team of your real estate agency or CRM provider to ensure that your storage of customer data satisfies your obligations under law. |
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How Will OpenAgent Send Customer Data To Me? |
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In the context of prospecting activities, a secure and encrypted API is our preferred method for sharing data. Other data sharing channels may be used only where we are reasonably satisfied that it is secure and where such methods are unlikely to result in misuse, interference and loss of data, or unauthorised access, modification or disclosure of that data. |
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How Does OpenAgent Protect My Customer Data? |
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OpenAgent’s database is encrypted at the database level. We also take measures in respect of computer and network security through the use of Australian data centres, firewalls and other security systems. These include user identifiers and passwords which control access to our database. |
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Can We Collect Sensitive Information On Your Behalf? |
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From time to time, a customer may inadvertently disclose information to us that includes sensitive information or opinions about matters not strictly relevant to our activities. For example, the customer may disclose to us their religious beliefs or political affiliations. If sensitive information is disclosed to us, we will not make a record of it or provide you with those details, unless the customer provides us with explicit consent and states it is relevant to their real estate circumstances or interests. |
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Maintaining the Quality of Personal Information |
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A purpose of prospecting is to provide you with personal information that is up to date. As such, we will take reasonable steps to ensure that personal information provided to you by us is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and continue providing quality customer profiling services to you. |
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Do We Disclose Information to Third Parties? |
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Where a customer has given us consent to provide their information to a third party, we will make such disclosures. Where reasonable and practicable, we will notify you if we are intending to disclose your customer’s information to a third party. We may also disclose customer information to third parties where required or permitted by law. Personal information and de-identified data may also be disclosed, if appropriate, to any other business or organisation in order to facilitate the purpose for which the information was collected. We may disclose personal information to organisations who assist us in delivering or supporting the customer profiling services. This includes for the purposes of facilitating business operations and to advertise, facilitate, maintain or deliver more relevant products and services to you. We may also share personal information with a service provider or third-party only to the extent required for the performance, operation and use of that service or to allow data analytics to be performed. From time to time, these parties may reside outside Australia. For example, our customer service teams who reside in New Zealand and the Philippines to assist us in providing our services to you. Our contracts usually include an obligation for compliance with Australian privacy law or this policy. However, you acknowledge that, by agreeing to the disclosure of 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 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. We may also share with or permit the use of de-identified data or content by others for the purposes of posting or contributing material about real estate properties, as well as performing data analytics which serve a commercial purpose. This extends to research for and execution of marketing initiatives around OpenAgent and non-OpenAgent product offerings. Those entities will be permitted to obtain only the personal information necessary to deliver the product, service or analysis. 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 do provide us with personal information and you wish to limit the use and disclosure of it, you should expressly state those limitations to us in writing. |
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Retention of Data |
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When personal information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify it. De-identified data may be retained on an ongoing basis to facilitate business operations and to advertise, facilitate, maintain or deliver more relevant products and services, among other things. |
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What Do We Use De-Identified Data For? |
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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 a person can no longer be identified from that data set. When we no longer need personal information for any of the purposes set out in this Prospecting 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 third parties 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. |
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Notifiable Incidents |
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Notify Us About A Notifiable Incident |
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You must immediately notify us when personal information in connection with customer profiling activities is accessed or disclosed without authorisation or is lost. Examples include a device with customers' personal information being lost or stolen, your real estate agency's database being hacked or a situation where personal information is mistakenly given or emailed to the wrong person. |
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When Do You Have To Notify The OAIC About A Notifiable Incident? |
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You must notify us and the OAIC where there is a notifiable incident that is likely to result in serious harm to one or more individuals, and you have not been able to prevent the likely risk of serious harm with remedial action. More information about your notification requirements can be found here: https://www.oaic.gov.au/privacy/notifiable-data-breaches/ |
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What Happens If There’s A Notifiable Incident? |
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There are obligations under law and the contract which authorised us to carry out customer profiling on your behalf. You should take immediate action to: 1. Notify us immediately and cooperate with our reasonable instructions. 2. Contain the data breach to prevent any further risk and harm. This means taking active measures to prevent any further misuse, loss, unauthorised access or disclosure. 3. Begin an investigation and assessment within three (3) days of notifying us that you have grounds to believe or suspect a notifiable incident has occurred. Your investigation needs to include the facts of what has occurred and an evaluation of the consequences of the notifiable incident, including the risk of potential harm to affected individuals and, where possible, what action have and will be taken to remediate any risk of harm. We need to be informed of the status of that investigation, including through reasonable ongoing updates and your delivery of a prevention plan to us, as outlined in your contract. We may also request your assistance in our own investigation of the matter from time to time. If the notifiable incident is likely to result in serious harm to one or more individuals, and there has been no prevention of a likely risk of serious harm through remedial action, we will liaise with you around notification requirements. This extends to notifying the Office of the Australian Information Commissioner, affected customers as well as any other relevant bodies of the data breach. We will request evidence of the corrective actions you have undertaken to avoid a repeat occurrence. Our continued engagement with you is dependent on your personal information security and handling practices, and the chance of any reoccurrence. |
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Contact Us |
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By Post: PO Box 419, Alexandria NSW 1435 By Email: privacy-policy@openagent.com.au
Using the details above, please feel free to contact us if you have any general questions about this Prospecting Policy. For example, you can: · request further information about the way we collect, handle, manage and secure personal information; · request access to or update your personal information held by us; · limit our use and disclosure of personal information; · inform us about any suspected or known unauthorised use of your account by anyone else; · unsubscribe from any OpenAgent mailing list or flag with us concerns about any communications that you may have received or are concerned about; · ask us any other questions or raise a complaint. |