Protecting your privacy is important to us. This policy explains how we manage personal information within our organisation in accordance with Australian privacy law. Subscribers accessing the PEXA Platform from the European Economic Area may have additional rights under the General Data Protection Regulation (‘GDPR’).
Where your organisation is a Subscriber to the PEXA network (e.g. a law firm, conveyancing firm or financial institution) and you are using our electronic lodgement network (“ELN”) and financial settlement system (ELNO System services) as a representative of your organisation, we may collect and hold the following kinds of personal information about you:
Where you are a buyer or seller whose representative is using our ELNO System services in relation to your property transaction, we may collect and hold the following kinds of information about you:
Information about people who use our website or mobile application, subscribe to our newsletter, or attend our events
Where you use our website or mobile applications, we may also collect and hold the following kinds of information:
Where you attend our events, we may collect and hold personal information about you such as your name and contact information (if you provide this information to us) and the events you attend.
We also collect information about people who are our contractors, suppliers and business partners, or who are employed by our contractors, suppliers and business partners. We collect information needed to conduct business with that individual or party.
Without the information listed above, we may not be able to provide our ELNO System services, or other products or services (or all of the features and functionality offered by our products or services), respond to queries or requests that you submit to us, or invite you to events.
We collect personal information about you in the following ways:
In some cases, we may be required by law to collect certain types of personal information about you. These laws include the Electronic Conveyancing National Law (ECNL) and associated Model Operating Requirements (MOR) prescribed by the Australian Registrars National E-Conveyancing Council (ARNECC).
We use personal information that we collect about you for the following purposes:
We may from time to time use your personal information to send you marketing materials about products or services that we think you may be interested in (including in some cases products and services that are provided by a third party). You can opt-out of receiving marketing communications from us by contacting us at firstname.lastname@example.org or following the “unsubscribe” link in the communication.
We may also use and disclose your information for other purposes if you ask or tell us to do so.
If we collect personal information about an individual from a 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 MOR or the ECNL.
We may share personal information about you with:
Although we store all personal information on computer infrastructure located within Australia, your personal information (including Land Information, as defined in the MOR) may be available for access by participants in other countries (for example, to financial institutions 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.
We may de-identify information about you so that you can no longer be identified through that information. We may then use and disclose that de-identified information in the course of our business, including to create, use and commercialise property-related products and services.
We may also aggregate information in such a way that you can no longer be identified through that information. We may then use such aggregated information in the course of our business, including to create, use and commercialise property-related products and services.
Products or services we provide using de-identified and/or aggregated information will not use or disclose your personal information.
Our property insight products and services do not disclose any personal information about you.
Any computer infrastructure forming part of our ELNO System and in which personal information is stored, is located within Australia.
We store personal information for as long as it is needed for the purpose for which it was collected or as required by law. We generally store the personal information that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we also keep hard copy records of this personal information in physical storage facilities. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats.
We also take steps to monitor access to and modification of your information by our staff, and ensure that our staff are aware of and properly trained in their obligations for managing your privacy.
It is possible that we, or our subcontractors, will use 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. However, all of our subcontractors are required to comply with the Privacy Act in relation to the transfer or storage of personal information overseas.
We take reasonable steps to ensure that any of your personal information which we hold is accurate, complete and up-to-date. These steps include promptly updating personal information when we are advised that the information has changed, checking our contact lists for accuracy, and providing individuals with a simple means to update their personal information.
If you want to access any of the personal information that we hold about you or to correct some aspect of it (e.g. because you think it is incomplete or incorrect), please contact us at email@example.com. To protect the integrity and security of the information we hold, we may ask that you follow a defined access procedure, which may include steps to verify your identity. 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. We will inform you of this before proceeding. There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases we will let you know why we cannot comply with your request.
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. We may be unable to correct information about you if doing so would be contrary to law or impact the integrity of a transaction.
We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal information and think we may have breached the Australian Privacy Principles, or any other relevant obligation, please contact our Privacy Officer at:
Address: Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008
Complaints must be lodged in writing. We will deal with the matter within a reasonable time and will keep you informed of the progress of our investigation.
If you make a complaint, we will respond within 2 working days 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 we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns. You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC’s website: www.oaic.gov.au.
We may make changes to this policy from time to time, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of this policy will always be available on our website.
If you need to contact us or want any further information from us on privacy matters, please contact our Privacy Officer at:
Address: Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008
Phone: +61 3 7002 4500
When you apply to work with us, we may collect certain information from:
The information we collect will assist us to decide whether to make an offer to you to work with us.
In addition to your name and contact information (including address, email address and phone number), the information we collect may include information about your:
As necessary and where appropriate, we may require you to undergo certain medical checks. We may carry out screening checks (such as background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks).
In addition to the information above, when you work with us we may collect information about your:
We collect this information to train and manage our employees and meet our legal obligations.
Some of the personal information we collect may be considered sensitive information under certain privacy laws. For example, we may collect: