Last updated: November 2018
At LandMark White Limited (ACN 102 320 329) and its related companies (collectively referred to as “LMW”, “us” or “we”), we recognise the importance of your privacy and appreciate that your personal information is very important to you. We are committed to complying with our obligations under the Privacy Act 1988 (Cth) (“the Act”), and in particular the Australian Privacy Principles (“APP’s”).
Where applicable, LMW will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in the Privacy Act or other legislation.
What personal information do we collect and hold?
The types of Personal Information we collect and hold will depend on the circumstances of collection and on the type of service we are providing. Typically, the personal information we collect is limited to what we reasonably require to provide property valuation, consulting and advisory services.
For example, when we are engaged to value a property, we may collect and hold Personal Information from both the property owner and/or borrower in relation to the loan secured by the property, and any lender or insurer for whom we could be performing valuations. The information we may collect includes name, address, email address, telephone numbers and financial or credit card information.
If you are an individual contractor to LMW under a services arrangement, in addition to some of the personal information specified above we may collect information relevant to your engagement with LMW including qualifications, resume, fee rates, bank account details, feedback from internal stakeholders, training records and details of your use of LMW equipment.
If you apply for a job at LMW, we may also collect information about your work history and qualifications, including from your referees, along with the results of any testing we might ask you to undertake, with your consent, to assist us in considering your application.
We also hold personal information about our shareholders. This is used to fulfil our legal obligations and to keep our shareholders informed about LMW’s business performance and the services we provide.
In addition to the types of personal information identified above, LMW may collect personal information as otherwise permitted or required by law. As a general rule, we do not collect sensitive information (for example health information), however if we do it will usually be for the purposes of providing goods and services and if the law requires us to, we will seek your consent to collect it.
How we collect personal information
We may collect Personal Information about you directly when you deal with us over the telephone, send us correspondence (whether by letter, fax or email), have contact with us in person, visit our website or complete hard copy or online forms.
There are also circumstances where we may collect Personal Information about you from someone else. For example, from:
Why we collect, hold and use personal information
We generally collect, hold and use your Personal Information for the purposes for which it is provided to us (which will usually be obvious at the time of collection), related purposes or as permitted or required by law. Such purposes may include:
If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.
We hold your personal information electronically in various systems.
Disclosure of personal information
We may disclose your Personal Information to third parties as may be necessary for any of the purposes stated in the above section. Such third parties generally include:
If there is a change of control in one of our businesses, then customer information, which may include your personal information, could be disclosed to a potential purchaser under a confidentiality agreement. We would only disclose your information in good faith and where required in relation to the proposed transaction.
We will take reasonable commercial steps to ensure our service providers keep your personal information confidential, not use or disclose it for any purpose other than the purpose of performing their work for us, and in a manner consistent with the Act.
If you post information to our social media channels, you acknowledge that such information may be publicly available. We recommend that you use your discretion in deciding what information you upload to such websites.
Disclosure of personal information overseas
Some of the third parties to whom we disclose personal information may be located outside Australia. For example, we may disclose personal information to companies in other countries if we are requested to value property outside of Australia.
Other service providers may be located overseas. The countries in which these third parties are located will depend on the circumstances. Except where an exemption applies under the Act, we will take reasonable steps to ensure that such overseas recipients do not breach the APP’s in the Act in relation to such information.
However you acknowledge that, by agreeing to the disclosure of your Personal Information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient's compliance with the Australian privacy law in relation to your 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.
Access, update and correction of personal information
We take reasonable steps to ensure that the Personal Information we hold about you is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your Personal Information.
On request we will provide you with access to the Personal Information we hold about you, including for the purpose of correcting or updating that information, unless otherwise required or permitted by law.
There is no charge for making the request or giving the access to your Personal Information. We will deal with your request within a reasonable period after the request is made.
If we refuse to provide you with access we will provide you with a written notice that, at a minimum, outlines reasons for the refusal and the complaints mechanisms available to you.
If you wish to access the Personal Information we hold about you or to update or correct it, you can either do so by logging on to your account (if you have one) or contact us using the contact details provided below. We will require you to verify your identity and specify what information you require.
Storage and security of personal information
We take reasonable steps to protect any Personal Information that we hold from misuse, interference and loss and from unauthorised access, alteration and disclosure. For example, we implement a range of physical and IT security procedures including password protection, firewalls, site monitoring and encryption.
Unfortunately no data transmission over the internet can be guaranteed to be totally secure.
We will retain your personal information for as long as is as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
When you request a valuation on our website or subscribe to our updates, you will be given a choice as to whether you want to receive e-mail messages from us, including newsletters, announcements and e-mail communications about our latest news, products or services. To the extent the relevant local law requires us to seek your consent, we will only send such messages to you if you opt-in.
If you do not wish to receive direct marketing calls or materials, you may use the unsubscribe facility in the marketing communication or contact our Privacy Officer using the channels prescribed below.
Links to third party sites
What if you have a complaint?
Our Privacy Officer will investigate the issue and determine the steps that we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of the outcome of the investigation.
If you are not satisfied with our determination, you can contact us to discuss your concerns or contact the Australian Privacy Commissioner via www.oaic.gov.au.
Privacy & site changes
Our contact details
The Privacy Officer
Level 6, 55 Clarence St.
Sydney NSW, 2000
Telephone: (02) 8823-6300.
For more information about the Privacy Act in Australia and protecting your privacy, visit the www.privacy.gov.au.