About this policy

Boomboombaby Pty Ltd ATF Excellence in Real Estate Trust trading as Percival Property Real Estate Sales and Rental As Anything Pty Ltd ATF Assetcare Unit Trust trading as Percival Property and our related entities (We, Us, and Our)  are committed to complying with our obligations under the Privacy Act 1988 (Cth) (the Act).

The Act allows personal information to be collected, used and disclosed for the purposes for which it was collected in accordance with the Act.

This Privacy Policy only applies to the extent we collect, use and disclose personal information in connection with this website.

This Privacy Policy may be revised, updated or replaced from time to time and we may subsequently notify users of any changes to it by posting the revised, updated or replaced Privacy Policy on this website.  Any changes to it take effect on the date on which the revised, updated or replaced Privacy Policy is posted to this website.

What information do we collect?

We collect information that is reasonably necessary for Us to provide you with the services or products you have requested from Us, and to manage Our obligations to you under any customer contract or applicable law. Some of the services or products may include:

  • acting as agent, buying, or selling properties, and managing and leasing properties;
  • marketing purposes and to provide you with information about products and services that may be of interest to you;
  • improvements to the products and services We provide; and
  • enabling Us to conduct Our business, including meeting Our legal and regulatory obligations.

We will only collect your sensitive information if you have provided Us with consent to do so. Where practicable, We will give you the option of interacting with Us anonymously.

The information We collect and hold generally includes:

  • names, addresses, e-mail addresses, phone numbers, other contact details, payment details, occupation, household details, financial information, employment references, rental references, personal references, and other information to assist Us in conducting Our business, providing and marketing Our products and services;
  • identity documents so We can verify your identity;
  • information about staff and directors, as required in the normal course of human resource management and the operation of a business; and
  • information about current and previous suppliers and clients with whom We have dealings.

However, We may also collect and hold other information required to provide services or assistance to you, including your emergency contact details, sensitive information, and information necessary to assess your creditworthiness.

Why do we collect this information?

Property Management

  • if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to identify you and the property;
  • if you are a prospective or current tenant and/or you inspect any rental property, then we will collect personal information from you when you attend the property inspection;  and
  • if you are a prospective or current tenant and you want to rent a property, then we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply. If you are the successful tenant then we may also collect personal information from you during the continuation of any tenancy or lease agreement with the landlord.

Sales

  • if you are a prospective or current vendor and you want us to act as your sales agent, then we will collect personal information from you in order to identify you and the property;
  • if you are a prospective or current vendor and you want us to sell your property, then we will collect personal information from you in order to comply with our AML/CTF Obligations;
  • if you are a prospective or current purchaser and you inspect any property, then we will collect personal information from you when you attend the inspection;
  • if you are a current purchaser, then we will collect personal information then we will collect personal information from you in order to comply with our AML/CTF Obligations; and 
  • subject to the other provisions of this Privacy Policy, we may also collect personal information from you when you make any other enquiry with us about the property.

Automated Decision Making (ADM)

ADM is when:

  • we use a computer program to make, or do a thing that is substantially and directly related to making, a decision; and
  • the decision could reasonably be expected to significantly affect the rights or interests of an individual; and
  • the kinds of personal information used in the operation of such computer programs are:
    • name, contact details, salary and employment information.
  • the kinds of such decisions made solely by the operation of such computer programs are:
    • Nil
  • the kinds of such decisions for which a thing, that is substantially and directly related to making the decision, is done by the operation of such computer programs are:
    • processing applications and short listing of tenancy applications based on affordability criteria.

Information disclosed

We will use and disclose personal information only for the purposes for which it is collected in accordance with the Act, including:

  • providing services and customer support, including service updates;
  • maintaining and updating our records;
  • comparing information for accuracy, and verifying it with third parties; and
  • providing information as authorised or required by law or a relevant government body or authority.

Overseas disclosure

We may disclose personal information to overseas recipients including but not limited to contracted service providers or related bodies corporate or related entities based outside Australia for processing, storage, or back-up. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country information about an individual may be held.

To the extent that we can identify the countries to which we transfer information they are:

  • Philippines, the United States of America, Sri Lanka or India however this may change if our software provides change the location of their servers.

We will take reasonable steps (eg, contractual measures) to ensure that these providers comply with applicable Australian Privacy Principles (APPs). Further, certain contracted service providers may enter arrangements with overseas providers from time to time. We recommend that you view their privacy policies for details.

Any overseas disclosure does not affect Our commitment to safeguarding your personal information. Where reasonable in the circumstances, Our contracts with overseas recipients oblige them to comply with the APPs and the Act.

 GDPR

The General Data Protection Regulation (GDPR) relates to EU and UK residents’ control over their Personal Data. It is a comprehensive law that provides greater data rights for individuals and requires organisations who control and process data to comply with data protection principles.

Personal Data means data that relates to an individual which, in isolation or in combination with other information, enables the individual to be identified directly or indirectly.

Where the GDPR applies with regard to any Personal Data We collect, then this section applies to that Personal Data. For the purpose of GDPR, We are the ‘controller’.

If You are a resident in the EU or UK, you have the following rights with respect to your Personal Data, and can exercise them by sending a request to the Privacy Officer at info@percival.com.au or by phoning (02) 6583 8606. Those rights include:

  • The right to be informed about the collection and use of your Personal Data at the time it is collected from you. This includes the purposes for processing your data, how long it will be kept for, and who it will be shared with.
  • The right of access – you can obtain a copy of your Personal Data.
  • The right to have your inaccurate Personal Data rectified or completed if it is incomplete. We must reconsider accuracy upon your request.
  • The right to remove your Personal Data, aka ‘the right to be forgotten’. This applies if the Personal Data is no longer necessary for the purpose which it was originally collected or processed for, or if you withdraw your consent and there is no other lawful basis for holding your data.
  • The right to restrict processing. You can limit the way your data is used in the certain circumstances for instance, if you contest the accuracy of your Personal Data and We are verifying it.
  • The right to data portability. A right to have your data moved, copied, or transferred easily from one IT environment to another securely and without affecting its usability. You can request direct transfer of your data to another controller.
  • The right to object, in certain circumstances, to the processing of all or some of your Personal Data or for particular purposes.
  • Rights in relation to automated decision making and profiling. You have a right to be informed of and to receive information about automated decision making and profiling of your data, and a right to request human intervention or challenge an automated decision.

Anonymity and pseudonyms

General users of the website do not need to disclose their identity to us in order to use this website.   This website does not, therefore, collect personal information about people who generally access it except in the circumstances described above.

Please note that we may not be able to provide you with some or all of our services if you are anonymous or use a pseudonym.

Cookies

A cookie is an electronic token that is passed to the user’s browser which passes it back to the server whenever a page is sent to the user.   Our servers may generate cookies which are used to keep track of the pages that users have accessed while using the website. The cookie also allows data to be inputted into a form or template and temporarily stored until the user chooses to save that form or template.  Cookies generally remain on the user’s computer even after an internet session is ended and the computer rebooted. The cookie can be read by the server that placed it there during a subsequent visit to that same server. Their exact behavior is server specific.

When users visit this website, our server may log certain information, including the type of browser and operating system the user is using, the top level domain name (for example .com, .net, .au, etc), the address of the referring site (for example, the previous site visited), the server’s IP address, the date and time of visit and the address of the pages accessed and the documents downloaded.  This information is generally only for internal statistical analysis and system administration purposes.  

Any other information supplied to us (for example, if a user sends an email or enters any personal information into our website) is treated in accordance with this Privacy Policy.

Information security

We take reasonable steps to protect all information which we hold (including personal information) from misuse, loss, and unauthorised access, modification or disclosure.

We may store information about you in cloud or other types of networked or electronic storage.  As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held. 

Where appropriate, we use secure transmission facilities.  However, no transmission of information over the internet can be guaranteed to be completely secure and we do not warrant the security of any information transmitted to us over the internet.

Links to other websites

This website may contain links to other websites. We are not responsible for the privacy practices or the content of those websites.  This Privacy Policy does not extend to those linked websites.

Marketing and opt-out

We may also use the information, including personal information (excluding sensitive information), provided by users of this website for marketing and research purposes, to analyse and improve products, benefits and services and to inform users of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to users, unless the user tells us, or has previously told us, not to.  If a user does not wish to receive any information about such products, services and benefits they can contact the Privacy Officer (details specified below).  We will not use your sensitive information for these purposes without your consent.

Accessing your Personal Information

Users of the website whose information we either collect, use or disclose have the right to request access to any personal information held by us which relates to them, unless we are permitted to withhold that information. We may charge a reasonable fee where access to personal information is provided.  Any requests for access to a user’s personal information should be made in writing to the Privacy Officer (details specified below).  The user also has the right to request the correction of any personal information which relates to them that is inaccurate, incomplete, irrelevant, misleading or out-of-date.

If the user requires any further information about our management of personal information or has any queries or complaints, they should contact:

The Privacy Officer
PO Box 1541, Port Macquarie NSW 2444

Tel: (02) 6583 8606

Email: info@percival.com.au

The Office of the Information Commissioner can be contacted as follows:

Phone enquiries1300 363 992
Mon–Thurs
10am–4pm AEST/AEDT
Online enquiriesEnquiry form
PostGPO Box 5288
Sydney NSW 2001
Fax+61 2 9284 9666

Acceptance of this Privacy Policy

By using this website, accessing any of our products, services or features, the user acknowledges that it has read, understands and accepts this Privacy Policy and the permissions to collect, use and disclose personal information, and the user authorises us to collect, use and disclose, in accordance with the Act, their personal information for the purposes specified in this Privacy Policy.