Property Exchange Australia Limited ("PEXA") was incorporated for the purpose of developing and operating a single national electronic conveyancing system in Australia. It is bound by the Australian Privacy Principles ("APPs") under the Privacy Act 1988 (Cth) ("Privacy Act") in the way that it handles personal information. It has also contractually committed to comply with State and Territory privacy laws which apply to registrars in participating jurisdictions.
This policy explains how PEXA handles personal information relating to individuals, whether or not they are customers.
In this policy the expressions "we", "us" and "our" are a reference to PEXA.
The expression "personal information" is used in this policy to refer to information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. The kinds of personal information we collect includes your name, address, date of birth, bank account details, copies of identification documents.
Any reference to PEXA assuming an obligation under the Privacy Act or other privacy legislation can be interpreted as a reference to PEXA also procuring its subcontractors to undertake a reciprocal obligation to the extent relevant.
We only collect personal information to the extent that this is reasonably necessary for one or more of our functions or activities.
We only collect personal information about an individual direct from that individual unless it is unreasonable or impracticable for us to do so.
Purposes for which we may collect personal information include, but are not limited to:
(a) developing a business case to secure funding for the building and operation of a national e-conveyancing system;
(b) conducting such study, research and consulting as may be necessary to ensure the business case is as comprehensive and accurate as possible;
(c) liaison with stakeholders which may include, without limitation, financiers, information brokers, legal practitioners, conveyancing firms, revenue offices, land registries, the Council of Australian Governments and individual Australian Governments;
(d) establishing and conducting an email/e-newsletter subscriptions process;
(e) any other activity relevant to the construction, development, integration, maintenance and implementation of a national e-conveyancing system;
(f) the operation of an electronic lodgement network in our capacity as an electronic lodgement network operator under the Electronic Conveyancing National Law; and
(g) any other activity consistent with PEXA's Memorandum and Articles of Association.
If we collect personal information about an individual from a land registrar, we undertake to handle that information in accordance with State or Territory privacy legislation applicable to the registrar. We also commit to complying with privacy obligations imposed upon us by the Model Operating Requirements formulated by the Australian Registrar's National Electronic Conveyancing Council ("ARNECC") under the Intergovernmental Agreement for National Electronic Conveyancing.
Information Use and Disclosure
For the most part, the primary purpose of collecting personal information will be for use in connection with the preparation, digital signing, financial settlement and lodgement of registry instruments and other documents relevant to a land transaction.
We will not use or disclose personal information that we collect for any secondary purpose other than the primary purpose of collection without your consent unless:
(a) the secondary purpose is related to the primary purpose (directly related if sensitive information) and you would reasonably expect us to use or disclose the information for that secondary purpose;
(b) without limiting paragraph (a), the secondary purpose involves direct marketing and:
(i) we collected the information from you and you would reasonably expect us to use that information for direct marketing; or
(ii) we did not collect the information from you, or you would not otherwise reasonably expect us to use the information for direct marketing, but you have nevertheless consented to receive direct marketing communications or it is impracticable for us to obtain your consent in the circumstances, but in each case only if we provide you with a simple means to opt out; or
(c) the use or disclosure is otherwise permitted under the Privacy Act.
Please note that we facilitate the identification of potentially fraudulent property transactions or other unlawful activity, and this may require disclosure to relevant authorities.
Your consent to receive direct marketing material will remain current until you advise us otherwise, however you can opt out of receiving direct marketing material at any time by contacting PEXA’s Privacy Officer (contact details are set out below). Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information.
Storage of Land Information
PEXA ensures that any computer infrastructure in which land information is entered, stored or processed is located within the Commonwealth of Australia.
Storage of Other Data
It is possible that we, or our subcontractors, will utilise cloud technology in connection with the storage of other personal information, and it is possible that this may result in off-shore storage.
It is not practicable for us to specify in advance which country will have jurisdiction over such off-shore activities.
All of our subcontractors, however, are required to comply with the Privacy Act in relation to the transfer or storage of personal information overseas.
Cross-border access to data
We may make your personal information (including land information) available for access by PEXA participants in other countries (e.g. to banks with overseas processing arrangements). It is not practicable for us to specify in advance all of the countries from which your personal information may be accessed, but these countries may include India and the Philippines.
Employee Records Exemption
The APPs and this policy do not apply to our acts and practices directly related to a current or former employment relationship between us and an employee, and an employee record held by us relating to the employee.
We will take reasonable steps to protect the personal information which we hold from misuse or loss and from unauthorised access, modification or disclosure. We will destroy or de-identify personal information once we no longer require it for our business purposes.
When using our website you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet and you do so at your own risk.
From time to time, we may change our policy on how we handle personal information or the types of personal information which we hold. Any changes to our policy will be published on our website. You may obtain a copy of our current policy from our website or by contacting us on the details below. It is your responsibility to check the website from time to time in order to determine whether there have been any changes.
Access, Correction and Further Information
We will take such steps as are reasonable to ensure that the personal information which we collect remains accurate, up to date and complete.
We will provide you with access to your personal information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us on the details below if you:
(a) wish to have access to the personal information which we hold about you;
(b) consider that the personal information which we hold about you is not accurate, complete or up to date; or
(c) require further information on our personal information handling practices.
Property Exchange Australia Limited, Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008, or call us on +61 3 7002 4500 or email us at: firstname.lastname@example.org
There is no charge for requesting access to your personal information but we may require you to meet our reasonable costs in actually providing you with access.
If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information if you so request.
Making a complaint
You are entitled to complain if you believe that we have breached our obligations under the APPs or an applicable code. If you have a privacy complaint, you can contact PEXA’s Privacy Officer:
Address: Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008
If you make a complaint, we will respond within 48 hours to let you know who is responsible for managing your complaint. We will try to resolve your complaint within 10 working days. When this is not possible, we will contact you within that time to let you know how long we will take to resolve your complaint. We will investigate your complaint and where necessary, consult with other PEXA participants about your complaint. We will make a decision about your complaint and write to you to explain our decision. If your complaint is not satisfactorily resolved, you may apply to the Office of the Australian Information Commissioner (OAIC) to have the complaint heard and determined. When we write to you about our decision, we will explain how you may make a complaint to the OAIC.