Broker Privacy Policy

Any Personal Information you collect for us or on our behalf or that you disclose to us must be collected, used, held or stored and disclosed in accordance with this policy:>

  1. YOUR COLLECTION AND USE

     

    1. When you collect or use Personal Information, you must comply with any Privacy Law by which you are bound and any other privacy policies and standards we advise to you in writing.
    2. If you collect Personal Information that will be disclosed to us, you must also ensure that the Relevant Individual:

       

      1. Is either:

         

        1. Aware that we are the organisation for whom the Personal Information is being collected, and is aware of our contact details as notified by us to you from time to time; or
        2. Agrees or authorises that you may provide their Personal Information to us, or to organisations of our type;
      2. Is informed that they have a right to request access to their Personal Information from us;
      3. Knows the purposes for which the information is collected;
      4. Is told the organisations or types of organisations (if any) to which we may disclose Personal Information of the kind collected as notified by us to you;
      5. Is notified of any law that requires the Personal Information to be collected by us; and
      6. Is aware of the main consequences (if any) for them if all or part of their Personal Information is not provided to us as notified by us to you.
    3. You must also:

       

      1. Comply with any of our reasonable and lawful directions concerning the collection, storage, use, or other handling of any Personal Information;
      2. Use any Personal Information collected only for the purpose of, and to the extent necessary for, fulfilling your obligations under this agreement;
      3. Restrict access to Personal Information to employees who need to access Personal Information to fulfil your obligations under this agreement, unless we otherwise consent;
      4. Not disclose any Personal Information to a third party without our consent, unless the third party is the Relevant Individual or the disclosure is required by law;
      5. Ensure that the Personal Information is protected against misuse and loss, or unauthorised access, modification or disclosure; and
      6. Not do anything, or omit to do anything, that would cause us to breach any Privacy Law.
    4. You must immediately notify us if you become aware of, or reasonably suspect that there has been, a breach of this clause or any Privacy Law.

     

  2. OUR COLLECTION AND USE

     

    1. We collect, use, hold and disclose Personal Information for purposes associated with conducting our business, providing services, marketing and promotional efforts, and to improve our content and service offerings, including:

       

      1. Facilitating services between you, the Relevant Individual, us, entities associated with us and/or third parties who we work with or alongside to provide services;
      2. Monitoring the use of our website;
      3. Improving the quality of our service;
      4. Administrative purposes;
      5. Marketing communications purposes; and
      6. Complying with the law, including Privacy Law.
    2. By providing us with Personal Information on behalf of or in relation to Relevant Individuals, you:

       

      1. Consent to us using that Personal Information for any of the purposes set out in this policy or as notified to you from time to time; and
      2. Warrant that the client has consented to us using their Personal Information for any of the purposes set out in this policy or as notified to you from time to time.

     

  3. RETENTION

     

    1. We will retain Personal Information for the longer of:

       

      1. The duration of our provision of services;
      2. 30 days; and
      3. Any such period that it is reasonable or necessary for us to retain the Personal Information,
    2. We will make Personal Information available to the Relevant Individuals to whom it relates if requested.

     

  4. DESTRUCTION

     

    1. Once the Retention Period has lapsed, we will:

       

      1. Ensure the timely and secure destruction and/or disposal of Personal Information, including both physical information and cyber information; and/or
      2. De-identify and aggregate Personal Information and retain and use such data.
    2. If at any other time, the Relevant Individual to whom the Personal Information relates requests that we destroy and/or dispose of their Personal Information, we will comply with that request in a timely matter to the extent that it does not interfere with the conduct of our business.

     

  5. DISCLOSURE

     

    1. We may need to provide Personal Information to third parties who we engage to assist us to provide services, such as banks and other lenders.
    2. Where Personal Information is disclosed to these third parties, they will only be authorised to use Personal Information for the purpose that we supplied it to them. If those third parties are located overseas, then Personal Information may be transferred overseas.
    3. Personal Information may be shared by us with others as de-identified data in aggregated form.
    4. We reserve the right to disclose any Personal Information as required by law and when we believe that disclosure is necessary to protect our rights, or to comply with a judicial proceeding, court order, or legal process.

     

  6. SECURITY AND STORAGE

     

    1. Personal Information will be stored and processed on servers located within Australia. To prevent unauthorised access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the Personal Information we collect online.
    2. In other limited circumstances, we may need to send Personal Information overseas. These circumstances include:

       

      1. Where we have an overseas supplier assisting us with the provision of goods and services and our business functions; and
      2. Where a third-party application operating from or based overseas is being used in connection with our interactions or services.
    3. We will take all reasonable steps to maintain the security of Personal Information sent overseas, but our ability to control where third-party providers host their applications or process their data may be limited.

     

  7. DATA BREACHES

     

    1. We will endeavour to protect Personal Information from unauthorised interference (including access or disclosure).
    2. A data breach occurs if there has been unauthorised interference to Personal Information and that interference is likely to result in serious harm to Relevant Individual (Data Breach).
    3. If there is a Data Breach, we will determine if the Data Breach has caused or is likely to cause serious harm. If we determine that serious harm has or will be caused, we will notify you, the Relevant Individual and the relevant reporting body of the Data Breach.

     

  8. VARIATIONS

     

      We may vary, modify, replace or update this policy from time to time. You agree that, once notified by us to you, this policy will apply with any such variations, modifications, replacements or updates.

     

  9. NATURE OF RELATIONSHIP

     

      We will provide services to you and each Relevant Individual as an independent contractor and neither us nor any of our staff or personnel will be, or be deemed to be, in partnership or in a joint venture relationship with you.

     

  10. CAPACITY, SUCCESSORS AND ASSIGNMENT

     

    1. You warrant that you have the power and authority to accept and perform your obligations under this policy.
    2. You may not assign your obligations under this policy without our prior written consent.
    3. Your acceptance of this policy and your obligations thereunder will bind your successors, transferees and approved assigns.

     

  11. LEGAL EFFECT AND EXECUTION

     

      By signing up to our service and/or on submission of our online form, you agree that you intend the provisions of this policy, including your obligations under this policy, to be legally binding and enforceable.

     

  12. APPLICABLE LAW AND JURISDICTION

     

      This policy will be governed by and construed in accordance with the laws of the State, and the parties submit to the jurisdiction of the courts of that State in respect of any claim, dispute or difference arising out of or in connection with this policy.

     

  13. DICTIONARY

     

      1. In this policy, unless the context indicates otherwise, the following expressions have the following meanings:

     

    1. Personal Information has the same meaning as under the Privacy Act 1988 (Cth), which is information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion;
    2. Relevant Individual means an individual in respect of whom Personal Information is collected by you and provide to us; and
    3. State means South Australia and the Commonwealth of Australia, as the context requires or permits.

     

 

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