Privacy Policy

 

Updated:  October 2022

Status: Current

1. Background

 

1.1 General

Leakes Road Rockbank Pty Ltd ABN 93 122 773 924 (Woodlea, we, us, our) is a property development company based in Melbourne, Australia.  We are committed to protecting your privacy, in accordance with applicable Australian privacy laws.

This policy (Privacy Policy) is designed to give you a greater understanding of how we collect, use, disclose and otherwise handle personal information.

A copy of this Privacy Policy is available on our website at www.woodlea.com.au/privacy-policy, or you can request a copy by contacting out Privacy Officer (details under heading 11 below).

1.2 What is personal information?

Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable (personal information).  Examples include your name, address, date of birth and email address.

1.3 Our obligations

We are required to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act).  The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, security, accessibility and disposal.

The Privacy Act also includes a data breach notification regime, which requires Woodlea to address data breaches involving personal information held by Woodlea.

We are also required to comply with more specific privacy legislation in some circumstances, such as:

• applicable State and Territory health privacy legislation (including the Victorian Health Records Act ) when we collect and handle health information in the relevant jurisdiction; and
• the Spam Act and the Do Not Call Register Act.

 1.4 Employee records

 We are generally exempt from the Privacy Act when we collect and handle employee records and this Privacy Policy does not apply to that information. However, where State or Territory health privacy legislation applies, we are still required to protect the privacy of employee health information.  This Privacy Policy will apply in those circumstances.

1. What we collect

2.1 General

We aim to collect personal information if it is reasonably necessary to provide the service, property or information you have requested from us.

The type of personal information that we collect about you depends on the type of dealings you have with us.  For example, if you:

• are a purchaser or prospective purchaser or guarantee of a purchaser of a property – we will collect your name, age, address, contact details (such as your telephone number and email address), your buying status, details of the property that you are interested in or have agreed to purchase (such as the type, location and size of the property), what prompted you to inspect the project, how you heard about us, details of price points and house types you are interested in (e.g. one bedroom or two bedroom) and whether you are an owner-occupier or investor. If you are purchasing from us, we will also record the terms of your contract (including price), payment details, information relating to your financing arrangements (such as your bank details and how much money you are borrowing) and contact details for your authorised representatives (such as your lawyer)
• are a supplier to us – we will collect your name and contact details, details about the goods or services you supply and payment details
• send us an enquiry, complete an enquiry form or provide us with feedback, we may collect your name, contact details, details of your enquiry or feedback and information about our response
• fill in a contact form at one of our sales centres – we will collect your name, age, address, contact details, details of the properties you are interested in (including price ranges), what prompted you to inspect the project, whether you are an owner occupier or investor and how your heard about us or the relevant property development
• participate in market research conducted by us or on our behalf – we will collect your name, address, contact details and details of your responses to the research questions you answer
• ask us to send you information about our products and services – we will collect your name, address, contact details, details of the properties you are interested in and how you heard about us or the development
• apply for a job with us, we will collect the information you include in your job application, including your cover letter, resume, contact details and referee reports
• enter into any promotions, competitions or special offers, we will collect the information you provide when submitting your entry
• are an employee or officer of a corporate customer, supplier or contractor, we will collect your name and contact details and information about the company that you represent

2.2 Sensitive information

Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection, such as health information.  We only collect sensitive information where it is reasonably necessary for our functions or activities and either:

• the individual has consented; or
• we are required or authorised by or under law to do so.

For example, if you purchase a property from us, we may collect information about your residency status which may indicate your racial or ethnic origin.

2.3 Collection of information other than personal information through our website

When you visit our website, some of the information that is collected about your visit is not personal information, as it does not reveal your identity.

Site visit information

For example, we record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used.

We use and disclose this information in anonymous, aggregated form only, for purposes including statistical analysis and to assist us to improve the functionality and usability of our website. You are not individually identified, however we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorised by law to do so.

Cookies

A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we use do not identify individual users, although they do identify the user’s internet browser.

We use cookies to hold anonymous session information.  This information is used to personalise your current visit to the website, for example to allow the website to remember who you are by keeping server variables linked to your session.

We only use non-persistent cookies.  That is, they are held on your browser’s memory only for the duration of your session.

Most internet browsers are set to accept cookies. If you prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used.  There are also software products available that can manage cookies for you.  Rejecting cookies can, however, limit the functionality of our website.

Online Behavioural Advertising

We use advertising programs that place cookies on your computer to collect information about your browsing history (including on external websites). This information, which does not identify you personally, is collected in order to improve your online experience by customising the advertising you see to your interests (including the display of more relevant ads on external websites).

2.4 What if you don’t provide us with your personal information?

We will provide individuals with the option of not identifying themselves, or of using a pseudonym, when dealing with us if it is lawful and practicable to do so.  A pseudonym is a name or other descriptor that is different to an individual’s actual name.

For example, you can access our website and make general phone queries without having to identify yourself.

In some cases however, if you don’t provide us with your personal information when requested, we may not be able to provide you with the product or service that you are seeking.  For example, you must identify yourself to enter into a contract to purchase land from us.

1. How we collect personal information

 3.1 Methods of collection

We may collect personal information in a number of ways, including:

• in person (for example, if you visit our head office or development, at events or at conferences)
• through our website (for example if you register to download the free Woodlea guide or enter a competition, promotion or special offer)
• through our social media pages (for example, through Twitter, LinkedIn or our Facebook page)
• over the telephone
• through written correspondence (such as letters, faxes and emails)
• on hard copy forms (for example, contracts of sale, enquiry forms and surveys)
• through surveillance cameras at our corporate premises and on some of our display suites or development sites
• from third parties, including:

• builders and their housing and sales consultants
• your representatives, such as your lawyers, builders, real estate agents and other authorised agents
• the Land Titles Office
• relevant State and Territory Valuers General
• real estate agents
• Australian Securities and Investment Commission
• mortgage brokers and/or financial service providers

3.2 Collection notices

Where we collect personal information about you, we will take reasonable steps to provide you with certain details about that collection (such as the purpose for which we are collecting the information and the type of third parties to which it is usually disclosed).  We will generally include this information in a collection notice.

Collection notices provide more specific information than this Privacy Policy.  The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in the terms and conditions of particular offers, products and services.  We encourage you to read those provisions carefully.

1. Why we collect personal information

 4.1General

The main purposes for which we collect, hold, use and disclose personal information are set out below:

• designing, engineering, constructing and delivering our developments
• outlining our development products and services to prospective and existing purchasers
• processing transactions for the sale of land and/or houses
• obtaining finance for our developments
• providing you with information that you have requested
• processing any applicable payments
• promoting ourselves and our products and services, including through direct marketing, events and competitions (see under heading 4.3 below)
• manage our relationship with you
• obtaining products and services for our business
• performing research and statistical analysis, including for customer satisfaction and service improvement purposes
• protecting the security of our offices, staff, customers and the property held on our premises
• complying with legal and regulatory obligations including notifying you of matters that we may be required by law to notify you of
• answering queries and resolving complaints
• recruiting staff and contractors

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection or:

• which are required or authorised by law; or
• for which you have provided your consent.

4.2 Change in control

If we sell or otherwise transfer part or the whole of Woodlea or our business or control thereof to another person or entity (including in the course of a transaction like a sale, merger, acquisition or as pat of a liquidation, administration, receivership or other external administration), you agree that your personal information that we hold may be disclosed to a third party, prospective buyer, transferee or insolvency practitioner to enable that party to continue or manage the business.

4.3 Direct marketing

We may use or disclose your personal information to let you know about us and our products and services (including promotions, special offers and events) and the products and services of third parties (for example, in relation to house and land packages), either where we have your express or implied consent, or where we are otherwise permitted by law to do so.  We may contact you for these purposes in a variety of ways, including by mail, email, SMS, telephone and facsimile.

Opting out

Where you have consented to receiving marketing communications from us, your consent will remain current until you advise us otherwise.  However, you can opt out at any time, by:

• contacting us (details under heading 11 below)
• advising us if you receive a marketing call that you no longer wish to receive these calls
• using the unsubscribe facility that we include in our electronic messages (such as emails, SMS and MMS)

1. Who we may share your personal information with

Woodlea may disclose your personal information, and, by providing such information, you consent to Woodlea disclosing your personal information, to Woodlea’s related bodies corporate and associated entities (as those terms are defined in the Corporations Act 2001 (Cth)).

Woodlea may also disclose your personal information, and, by providing such information, you consent to Woodlea disclosing your personal information, with third parties where appropriate for the purposes set out under heading 4, including:

• Victoria Investments and Properties Pty Ltd, the Mirvac Group and any of their related bodies corporate
• responsible authorities, such as local councils and water authorities
• builders and their housing consultants
• sub-contractors
• the Land Titles Office
• relevant State and Territory Valuers General
• real estate agents
• Australian Securities and Investment Commission
• financiers and prospective financiers
• financial institutions for payment processing
• an individual’s agent, lawyer, conveyancer or other authorised representative
• referees whose details are provided to us by job applicants
• our contracted service providers, including:
  • engineers, builders, sub-contractors ,architects and other consultants
  • suppliers of building materials, fixtures and fittings
  • delivery and shipping providers
  • information technology and data storage providers
  • venues and event organisers
  • marketing and communications agencies
  • IT service providers
  • research and statistical analysis providers
  • call centres
  • mail houses
  • external business advisers (such as consultants, recruitment advisors, accountants, auditors and lawyers)

In each case, we may disclose personal information to the service provider and the service provider may in turn provide us with personal information collected from you in the course of providing the relevant products or services.

We may also disclose information to provide our products and services, to respond to legal requirements, enforce our policies, and protect our rights and property.

We will not otherwise disclose your personal information unless you have consented or it is required or authorised by law.

1. Cross border disclosure of personal information

We do not currently disclose personal information to third parties located overseas.  If this changes at some time in the future, we will comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information and this Privacy Policy will be amended accordingly.

1. Use of government related identifiers

We will not:

• use a government related identifier of an individual (such as a Medicare number or driver’s licence number) as our own identifier of individuals; or
• otherwise use or disclose such a government related identifier,

unless this is permitted by the Privacy Act (for example, use of an identifier to verify an individual’s identity or uses or disclosures required or authorised by or under an Australian law).

1. Data quality and security

8.1 General

Woodlea is committed to keeping your personal information secure and confidential. Reasonable precautions will be taken to protect personal information from loss, misuse, unauthorised access or alteration.

We hold personal information in a number of ways, including in electronic databases, email contact lists, and in hard copy documents held in drawers and cabinets.  Paper files may also be archived in boxes and stored offsite in secure facilities.  We take reasonable steps to:

• make sure that the personal information that we collect, use and disclose is accurate, up to date and complete and (in the case of use and disclosure) relevant;
• protect the personal information that we hold from misuse, interference and loss and from unauthorised access, modification or disclosure; and
• destroy or permanently de-identify personal information that is no longer needed for any purpose permitted by the APPs.

You can help us keep your information up to date, by letting us know about any changes to your details, such as your address, email address or phone number.

8.2 Security

 The steps we take to secure the personal information we hold include website protection measures (such as firewalls and anti-virus software), security restrictions on access to our computer systems (such as login and password protection), controlled access to our corporate premises, policies on document storage and security, personnel security (including restricting access to personal information on our systems to staff who need that access to carry out their duties), staff training and workplace policies. We maintain the following specific security measures:

(a) Online credit card payment security

We process payments using EFTPOS and online technologies.  All transactions processed by us meet industry security standards to protect payment details.

(b) Website security

While we endeavour to protect the personal information and privacy of users of our website, we cannot guarantee the security of any information that you disclose online and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact us by telephone or post (details under heading 11 below).

(c) IP Address

An IP (internet protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your personal information but we do preserve the right to use IP addresses to identify individuals who may threaten our site, services or clients.  IP addresses may also be used to help diagnose problems with our website and to gather broad demographic information.

(d) Third party websites

Links to third party websites that are not operated or controlled by us are provided for your convenience.  We are not responsible for the privacy or security practices of those websites, which are not covered by this Privacy Policy. Third party websites should have their own privacy and security policies, which you should read before supplying any personal information to them.

(e) Data breaches

If there is any breach of your personal information, Woodlea will deal with such breach and, if it is a notifiable data breach (as defined in The Privacy Act), notify you and the Office of the Australian Information Commission (OAIC) in accordance with its obligations under the Privacy Act.

1. How long we keep your information

We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate, up-to-date and still required.

If you close an account you have with us or you decide not to go ahead with purchasing the property for which you have registered, we may still keep your information.

1. Access and Correction

 10.1 General

Please contact our Privacy Officer (details under heading 11 below) if you would like to access or correct the personal information that we hold about you.   We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

10.2 Access

We will generally provide you with access to your personal information, subject to some exceptions permitted by law.  We will also generally provide access in the manner that you have requested (eg by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so.  We may however charge a fee to cover our reasonable costs of locating the information, copying it and providing it to you.

10.3 Correction

If you ask us to correct personal information that we hold about you, we will take reasonable steps to correct that information.

If we correct personal information about you, and we have previously disclosed that information to another agency or organisation that is subject to the Privacy Act, you may ask us to notify that other entity.  If so, we will take reasonable steps to do so, unless this would be impracticable or unlawful.

10.4 Timeframe for access and correction requests

 Except in the case of more complicated requests, we will endeavour to respond to access and correction requests within 30 days.

10.5 What if we do not agree to your request for access or correction?

If we do not agree to your access or correction request, or if we do not agree to give you access in the manner you requested, we will provide you with a written notice setting out:

• the reasons for our decision (except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so); and
• available complaint mechanisms.

In addition, if we refuse to correct personal information in the manner you have requested, you may ask us to associate your request with the information and we will take reasonable steps to do so.

1. Complaints

If you have a complaint about how we have collected or handled your personal information, please contact our Privacy Officer (details under heading 11 below).

We will endeavour in the first instance to deal with your complaint and take any steps necessary to resolve the matter within a week. If we are not able to do so, we will ask you to submit your complaint in writing.

In most cases, we expect to investigate written complaints and provide a response within 30 days of receipt.  If the matter is more complex and our investigation may take longer, we will contact you and tell you when we expect to provide our response.

If you are not satisfied with our response, you can refer your complaint to the OAIC (details under heading 11 below).

1. Our contact details

Please contact us if you have any queries about the personal information that we hold about you or the way we handle that personal information. Our contact details are set out below.

Mail:  Privacy Officer, Woodlea, 25 Aintree Boulevard, Aintree VIC 3336

Email:  [email protected]

Telephone: 1300 966 353

Further general information about privacy is available on the website of the OAIC at www.oaic.gov.au or by calling the OAIC’s enquiry line at 1300 363 992.

1. Changes to this Policy

We may amend this Privacy Policy from time to time.  The current version will be posted on our website and a copy may be obtained by contacting our Privacy Officer (details above).