Privacy Policy

Hamilton Finley is committed to protecting your privacy and your personal information and aims to maintain a high standard of compliance with the Privacy Act 1988 (Commonwealth) as amended by the Privacy Amendment (Private Sector) Act 2000, and the National Privacy Principles. This Privacy Statement forms part of the Hamilton Finley Privacy Policy and is intended to inform you about the following:

  • How Hamilton Finley collects your personal information;
  • What type of personal information Hamilton Finley collects;
  • The purposes for which Hamilton Finley uses that information;
  • How Hamilton Finley maintains and keeps the information secure; and
  • How you may access, correct or update any personal information that Hamilton Finley holds about you.
  • How does Hamilton Finley collect personal information about me?

 

What type of personal information does Hamilton Finley collect about me? Hamilton Finley may collect any of the following information about you if you are a prospective Vendor or Purchaser of Real Estate:

  • Contact details
  • Property ownership details
  • Desired property ownership details

 

Sometimes Hamilton Finley may also need to ask you for other personal information to enable Hamilton Finley to provide its services to you.

 

Why does Hamilton Finley collect this information? Hamilton Finley collects this information to:

‧ Enable Hamilton Finley to provide you with the services and/or products you may require.

‧ To comply with Local, State or Federal legislation or regulations with respect to Real Estate property sales, rental and administration.

‧ Enable third party partner businesses to assist you with related or ancillary services, as required.

 

How does Hamilton Finley use the personal information held about me? Any personal information about you that Hamilton Finley collects and records will only be used or disclosed by Hamilton Finley lawfully and by fair means for the purpose of:

‧ compliance with our and your obligations under real estate regulations and laws applicable for Victoria, including the Sale of Land Act (Vic) 1962, Residential Tenancies Act 1997 (residential tenants), Retail Tenants Reform Act 1998 (commercial tenants), The Subdivision Act 1988 (body corporate) and other various minor acts.

‧ helping Hamilton Finley efficiently and effectively deliver and improve on Hamilton Finley products and services or any other purpose specified to you at the time of collection; or

‧ any other purpose if you would reasonably expect Hamilton Finley to use or disclose that personal information for that other purpose and that other purpose is related to the above purpose; or

‧ sending you news, and other information about Hamilton Finley activities and general promotional material which Hamilton Finley believes may be of interest to you, however, when Hamilton Finley does this, Hamilton Finley will provide you with an express opportunity to decline receiving any further communication from Hamilton Finley of this type via an opt-out mechanism.

 

If Hamilton Finley wishes to use or disclose any of your personal information in any other ways than described above, Hamilton Finley will not do so unless:

‧ Hamilton Finley has your express consent to do so;

‧ Hamilton Finley has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or

‧ Hamilton Finley has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.

 

Can I be anonymous when I deal with Hamilton Finley? To some extent you can preserve your anonymity when you deal with Hamilton Finley You can visit our website without providing any personal information, you can access our real-estate advertising in various publications including our property publication, and you can attend auctions without providing personal details.

However when you enter into transactions with Hamilton Finley , that involve the sale, purchase or rental of real estate property, then various Acts, statutory legislation and regulations require you to provide us with personal information so as to identify you.

What happens if I want to access or correct the personal information held about me?

You may access your personal information held by Hamilton Finley, subject to some exceptions. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days.

We may not be able to provide access to information in some situations including:

‧ Where in our opinion providing you access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;

‧ Where your request for access is in our opinion frivolous or vexatious; or

‧ Where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.

‧ If for any reason Hamilton Finley does not allow you to access your personal information, Hamilton Finley will provide you with reasons in writing for its decision.

 

Does Hamilton Finley provide my personal information to third parties? There are some instances when we need to provide your personal information to third parties. We may be bound by law to provide your details to government-related bodies including but not limited to the Titles Office or the Residential Tenancies Bond Authority.

Sometimes we may need to outsource some of our administrative and other property-related functions to external organisations such as Advertising Agencies, Signwriters, building and garden maintenance contractors, or consultants such as accountants, lawyers, surveyors and other advisors. Most of the above organisations are bound by express or implied confidentiality obligations to Hamilton Finley. We may also need to provide you details to Franchisees of Hamilton Finley.

Hamilton Finley does not sell your personal details to other organisations. We may however use the information about you to assist us with internal marketing and research.

 

How does Hamilton Finley keep my personal information secure? Hamilton Finley will take reasonable steps to ensure information Hamilton Finley collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by Hamilton Finley so as to prevent misuse, loss or unauthorised access, modification or disclosure. If the personal information is no longer needed for any purpose, Hamilton Finley will take reasonable steps to destroy or permanently de-identify the personal information. Hamilton Finley endeavours to provide a secure environment and a reliable system but you should be aware that there are inherent risks associated with the electronic storage and transmission in information (particularly via the Internet) which cannot be guaranteed to be 100% secure.

 

Who do I contact for further information? Our Privacy Officer can assist you with any enquiries you have about the information that we hold about you and can be contacted on (03) 9898 2228 from 9.00am to 5.00pm (Melbourne time), Monday to Friday.

 

What if I have a complaint or concern? If you have a complaint or concern you can phone the Hamilton Finley Privacy Officer on (03) 9898 2228 or write to the Privacy Officer at 1A Carrington Road, Box Hill, VIC 3128. We will do our best to try and resolve your complaint within 90 days.

 

What if you are unable to resolve my complaint or concern? If we are unable to resolve your complaint within this time, or you are unhappy with the outcome, you may refer your complaint to the Privacy Commissioner in your State Capital. The Privacy Commissioner can be contacted by telephone from anywhere in Australia for the cost of a local call on 1300 363 992, or you can write to the Privacy Commissioner at the following address:

 

The Office of the Federal Privacy Commissioner

GPO Box 5218

Sydney NSW 1042

Fax : (02) 92849666

e-mail privacy@privacy.gov.au