Privacy Policy

Our Commitment to Privacy:

Smart Realty is committed to respecting and maintaining the security, confidentiality and privacy of your personal information. This Privacy Policy documents our on-going commitment to you and has been developed in compliance with the Personal Information Protection and Electronic Documents Act. This Privacy Policy is subject to change from time to time.

Scope of Privacy Policy:

• This Policy applies to Smart Realty. and to its website, smartrealty.com.au. This Privacy Policy addresses personal information about identifiable individuals and does not apply to the information collected, used or disclosed with respect to corporate or commercial entities.
• This Policy does not impose any limits on the collection, use or disclosure of your business contact information, and certain publicly available information.
• Smart Realty operates the website smartrealty.com.au, which may hosts public forums, message boards, and other news groups available to its users. Information that you disclosed in these areas of the website become public information and is not governed or protected by this Privacy Policy.
• Smart Realty may refer you to third party goods and services providers. These parties will have their own respective privacy policies independent of Smart Realty’s. The information you provide to those third partied will be subject to those parties’ own privacy policies.

Collection and Use of Personal Information:

• A representative from Smart Realty may communicate with you by email, phone or text message to provide information about real estate products or services which may interest and benefit you.
• When collecting your personal information, Smart Realty will always state the purpose of collection and seek your consent.

Most personal information is collected directly from you through:

• The various contracts and other documents you complete (e.g. buyer and/or seller representation contracts, agreements of purchase and sale, property disclosure statements, etc.), either with Smart Realty, a Smart Realty Team agent, or a Smart Realty third party goods or services provider,
• discussions with a Smart Realty representative, or
• via smartrealty.com.au.
• Some information may be collected from other sources such as government departments and agencies (e.g. Land Titles/Registry offices, municipal assessment departments, provincial regulators of real estate acts).
• Your information may be disclosed to (or accessible by) various real estate boards/associations in Australia, their staff and members, other real estate agents and their clients, government departments and agencies, financial institutions, legal advisors, thirds party goods and services providers, provincial real estate regulators, and members of the public for the purposes described below.
• Your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to smartrealty.com.au for the purpose of auditing and monitoring Smart Realty compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
• Not all of your information will be accessible by each of these entities. For example, once a listing agreement is terminated, the general public may not have access to your information unless it is otherwise accessible through public registries such as a Land Titles Office.
• Smart Realty and its partners collect, use and disclose your personal information for one or more of the following purposes depending you the services your requested from and agreed to with Smart Realty:

1. Helping you connect with a Smart Realty Team agent or a third party goods and services provider; in which case your personal information would be disclosed to such third parties;
2. Providing you access to restricted listing data – a requirement of various real estate boards/associations;
3. Marketing of your property as a seller or property search criteria as a buyer;
4. Managing our relationship with you;
5. Monitoring and managing the customer service you receive from Smart Realty and our third party partners;
6. To understand customer requirements and honour requests for services or information;
7. To manage and develop Smart Realty’s business and operations;
8. To comply with legal, regulatory and contractual obligations;
9. Facilitating your purchase and/or sale of a property by cooperating with third party service providers such as financial institutions, legal advisors, moving companies, and others;
10. Complying with legal requirements and acting pursuant to legal authorizations;
11. Complying with codes of professional conduct and ethics for members of Real Estate Boards/Associations.
12. The above collections, uses and disclosures are a necessary part of your relationship with Smart Realty.

Other uses:

• Smart Realty may communicate with you to determine whether you require additional real estate related services.
• Smart Realty may communicate with you to provide information about other products or services which may interest and benefit to you.
• You may instruct Smart Realty to refrain from using or sharing information in the two ways described above under “other uses” at any time by providing written notification to the Smart Realty Privacy Officer. Smart Realty acknowledges that the sharing of information in the two ways described above is at your option and you will not be refused services merely because you advised Smart Realty to stop using or sharing information in these ways.
• When personal information that has been collected is to be used for a purpose not previously identified, the new purpose shall be identified prior to use and consent for same shall be obtained from you unless the use is authorized or required by law.

In regard to smartrealty.com.au:

• We may use your IP address to help diagnose problems with our server, and to administer our web site. Your IP address may also be used to gather broad, aggregated demographic information.
• Our site may use cookies to make sure you do not see the same ad repeatedly, to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, and for the other purposes set out below:

1. to remind us who you are and to find your account information in our database when you access a service, so you do not need to log in at every visit; this helps us to provide you with service tailored to your specific needs and interests; a cookie is created when you register for a service.
2. to estimate our audience size; your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit.
3. to determine the browser the visitor uses so the site can be designed to work properly with the most common versions of different browsers.

• Advertisers that place ads with smartrealty.com.au may use cookies.
• Some of our website’s features require users to give us their first name, last name, email address, phone number, and password. smartrealty.com.au does not use or disclose this personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. smartrealty.com.au retains personal information only as long as necessary for the fulfillment of those purposes and as may be limited by contractual obligations.
• This site contains links to third party sites. smartrealty.com.au is not responsible for the privacy practices or the content of such web sites. smartrealty.com.au co-branded sites and content partner sites may have privacy policies independent of smartrealty.com.au. This Privacy Policy extends only to data collected on web pages hosted on smartrealty.com.au servers. smartrealty.com.au may share aggregate information with trading partners, co-branded sites, and advertisers. However, this aggregated information does not contain personally identifiable information.
• Demographic and profile data are used to tailor our visitor’s experience at our site and display the content according to their preferences. This information is shared with advertisers on an aggregate basis only.

Consent:

• Smart Realty will obtain your consent to collect, use or disclose personal information except where Smart Realty is authorized or required by law to do so without consent. For example, Smart Realty may collect, use or disclose personal information without your knowledge or consent where: the information is publicly available, as defined by statute or regulation; Smart Realty is obtaining legal advice; or, Smart Realty reasonably expects that obtaining consent would compromise an investigation or proceeding. Other exceptions may apply.
• Your consent can be express, implied or given through an authorized representative such as a lawyer, agent, broker or other 3rd party. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify Smart Realty that you do not wish your personal information collected/used/disclosed for various purposes after you have received notice of those purposes) or otherwise.
• You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to Smart Realty. On receipt of notice of withdrawal of consent, Smart Realty will inform you of the likely consequences of the withdrawal of consent, which may include the inability of Smart Realty to provide certain services for which that information is necessary.

Limits on Collection of Personal Information:

Smart Realty will not collect information indiscriminately and will limit collection of information to that which is reasonable and necessary to provide services, and which is reasonable and necessary for the purposes consented to by you. Smart Realty will also collect information as authorized or required by law.

Limits for Using, Disclosing and Retaining Personal Information:

• Your personal information will only be used or disclosed for the purposes set out above or authorized by you, and as authorized or required by law.
• Smart Realty will keep personal information used to make a decision affecting you for at least one year after using it to make the decision.
• Smart Realty will destroy, erase or make anonymous documents or other records containing personal information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal, regulatory, compliance, or business purposes.
• Smart Realty will take due care when destroying personal information so as to prevent unauthorized access to the information.

Accuracy:

• Smart Realty will make a reasonable effort to ensure that personal information it is using or disclosing is accurate and complete.
• If you demonstrate the inaccuracy or incompleteness of personal information, Smart Realty will amend the information as required. If appropriate, Smart Realty will send the amended information to third parties to whom the information has been disclosed.
• When a challenge regarding the accuracy of personal information is not resolved to your satisfaction, Smart Realty will annotate the personal information under its control with a note that the correction was requested but not made.

Safeguarding Personal Information:

• Smart Realty protects the personal information in its custody or control by making reasonable security arrangements based on the sensitivity and format of the information to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal, loss, theft, or similar risks.
• Smart Realty will take reasonable steps, through contractual or other reasonable means, to ensure that a comparable level of personal information protection is implemented by the suppliers and agents who assist in providing services.
• Some specific safeguards include:

1. physical measures such as locked filing cabinets;
2. organizational measures such as restricting employee access to files and databases as appropriate;
3. electronic measures such as passwords and firewalls; and
4. investigative measures where Smart Realty has reasonable grounds to believe that personal information is being inappropriately collected, used or disclosed.

• In order to ensure the safety and privacy of your information, Smart Realty maintains internal Privacy Policy Guidelines and employees are regularly trained on these guidelines.
• Note that confidentiality and security are not assured when information is transmitted through e-mail or other wireless communication.
• smartrealty.com.au is not marketed to or directed towards children. Nevertheless, it is possible for children to publicly post or distribute personally identifiable contact information without prior parental consent within chat rooms, forums, message boards, and/or news groups. No communication, however, will be sent to anyone or information collected from anyone who indicates that they are younger than 16 years old without their parents’ permission.

Providing Access:

• You have a right to access your personal information held by Smart Realty.
• Upon written request and authentication of your identity, Smart Realty will provide you with your personal information under its control, information about the ways in which your information is being used and a description of the individuals and organizations to whom that information has been disclosed. Smart Realty may charge a reasonable fee for doing so.
• Smart Realty will make the information available within 30 days or provide written notice where additional time is required to fulfil the request.
• In some situations, Smart Realty may not be able to provide access to certain personal information (e.g., if disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purposes of an investigation or where disclosure of the information would reveal confidential commercial information that could harm the competitive position of Smart Realty). Smart Realty may also be prevented by law from providing access to certain personal information.
• Where an access request is refused, Smart Realty will notify you in writing, document the reasons for refusal and outline further steps which are available to you.

Accountability & Complaints:

Smart Realty has a designated a Privacy Officer who is responsible for Smart Realty’s compliance with this Privacy Policy. Any inquiries, complaints or questions regarding this Privacy Policy should be directed in writing to:

Privacy Officer:

c/o Smart Realty
Unit 24B, Kewdale Business Park, 133 Kewdale Road
Kewdale, WA 6105

[email protected]