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Privacy Policy & Collection Notice

1. Introduction

Danielou Pty Ltd trading as Elders Real Estate Wollongong (“we”, “us”, “our”) is committed to protecting personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

This Privacy Policy and Collection Notice has been prepared to comply with APP 1 and APP 1.4 and explains:

  • What personal information we collect and hold;
  • How and why we collect, use and disclose personal information;
  • How personal information is stored, protected, retained and destroyed;
  • How individuals may access or correct their personal information or make a privacy complaint.

This Policy applies to all aspects of our real estate business, including sales, leasing, property management, inspections, open homes, auctions, and online interactions.

This Policy is available:

2. Collection Notice

When we collect personal information, we will inform you of:

  • The identity and contact details of our business;
  • The purpose of collection;
  • Whether collection is required or authorised by law;
  • The consequences if information is not provided;
  • How to access, correct, or complain about handling of personal information;
  • Whether information may be disclosed to third parties or overseas recipients.

3. What Personal Information We Collect

We collect only personal information that is reasonably necessary for our real estate business, which includes the services of Property Management and Sales.

(a) Clients, property owners, buyers, tenants, and prospective clients

  • Full name
  • Residential and postal address
  • Email address and telephone numbers
  • Date of birth
  • Identification details (driver licence, passport, proof of age cards)
  • Financial information (rent payments, trust account payments, proof of income)
  • Rental history, references, and employment details
  • Property preferences and inspection history
  • Information about pets, vehicles, or co-occupants if relevant to tenancy
  • Communications with us (emails, phone calls, messages)
  • CCTV footage at office premises (for security purposes only)
  • Offers, bids, and negotiation history
  • Property details and ownership information

(b) Contractors and service providers

  • Name and business details
  • Contact details including postal address, phone number, and email address
  • Licensing and insurance details
  • Bank account details for payment

(c) Website and online interactions

  • IP address, device, and browser information (cookies)
  • Enquiry details submitted via online forms or website enquiries
  • Marketing preferences

Sensitive information is only collected where required by law or with your consent. Identification information is collected to verify identity, comply with legal obligations, and reduce fraud and security risks.

4. How We Collect Personal Information

We collect personal information:

  • Directly from you (in person, by phone, email, online forms, QR codes, inspections, open homes, auctions)
    • When you submit a rental application or tenancy agreement
    • When you inspect a rental property
    • When you submit a vendor or purchaser enquiry
    • When you provide documentation for property sales
  • From third parties with your consent or where authorised by law (referees, employers, tenancy databases, government agencies)
  • From publicly available sources where relevant and lawful

In-person collection (open homes, auctions, inspections)

  • Individuals are informed why information is being collected
  • Only information necessary for the stated purpose is collected
  • This Privacy Policy is available at collection points
  • Staff are trained to explain privacy obligations and respond to questions

How we collect personal information from other sources

  • Agents, landlords, tenants, and property owners
  • Contractors, legal, financial, and other professional advisors
  • Public registers and publicly available sources (e.g., NSW Land Registry)
  • Property valuers, insurers, and related service providers

We only collect information from other sources if it is reasonably necessary to provide our services.

5. When the law authorises or requires collection

Certain laws may require us to collect personal information, including:

  • Property, Stock and Business Agents Act 2002 (NSW), Residential Tenancies Act 2010 (NSW) and associated regulations
  • Other legal, regulatory, or compliance obligations

If required by law, we may collect, store, and disclose your personal information without your consent.

6. Why We Collect, Hold, Use and Disclose Personal Information

We collect, hold, use, and disclose personal information where reasonably necessary to:

  • Provide real estate agency services (sales, leasing, property management)
  • Conduct inspections, open homes and auctions
  • Process tenancy applications and manage tenancies
  • Manage property sales and purchases
  • Comply with legal and regulatory obligations (including trust accounting)
  • Communicate with clients, buyers, sellers, landlords, and tenants
  • Maintain client and contact databases
  • Manage payments, invoices, and trust account transactions
  • Handle complaints and disputes
  • Improve services and customer experience

If personal information is not provided, we may be unable to provide services such as processing rental applications, admitting individuals to inspections or auctions, registering purchasers for auctions or bids, or listing properties.

7. How Your Personal Information May Be Used

Property Management

  • To identify and verify landlords, tenants, and applicants
  • To process rental applications and manage tenancies
  • To advertise, market, and promote properties
  • To liaise with landlords, tenants, contractors, and service providers
  • To comply with legal or regulatory obligations

Sales

  • To identify and verify vendors, purchasers, and prospective buyers
  • To negotiate and manage property sales
  • To advertise and market properties
  • To liaise with agents, contractors, and advisors
  • To comply with legal obligations

General Purposes

  • To maintain records and update contact details
  • To run our business efficiently and perform administrative tasks
  • To provide statistical or other information to related service providers
  • For direct marketing purposes, unless you opt out (see section 10)

Personal information about other people: if you provide information about another person (e.g., co-tenant, partner, referee), you confirm that they consent to us collecting and using their information. Their information will be handled according to this Privacy Policy.

Where we disclose information to tenancy databases:

  • Individuals will be informed if a listing is made
  • Individuals may request access to and correction of listings
  • Listings will only be made in accordance with applicable legislation

8. Disclosure of Personal Information

We may disclose personal information to:

  • Property owners, buyers, tenants, and prospective parties involved in a transaction
  • Other agents involved in property sales or management
  • Auctioneers, valuers, insurers, and mortgage providers
  • Legal, financial, or professional representatives
  • Service providers and contractors (trades, IT providers, software, marketing platforms)
  • Banks, insurers, and professional advisers
  • Government agencies, regulators, or courts where required or authorised by law
  • Tenancy databases such as TICA, where applicable and lawful
  • Related entities within the Elders group, where reasonably necessary

We do not sell or trade personal information and only disclose information that is reasonably necessary for the relevant purpose.

9. Overseas Disclosure

Personal information is not generally disclosed to overseas recipients. However, we may use cloud-based software or service providers whose servers are located outside Australia. We take reasonable steps to ensure overseas recipients handle personal information in accordance with the Privacy Act 1988 (Cth) and the APPs.

10. Direct Marketing and Opt-Out

We may use personal information (excluding sensitive information) to provide information about properties or services that may be of interest to you. You may opt out at any time by notifying us in writing or using the unsubscribe option in electronic communications. Direct marketing communications will comply with the Spam Act 2003 (Cth).

11. Anonymity and Pseudonymity

Where lawful and practicable, individuals may interact with us anonymously or using a pseudonym. Due to the nature of real estate transactions, inspections, auctions, and tenancy applications, we are generally unable to deal with individuals who do not identify themselves.

12. Storage and Security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure, including:

  • Secure electronic systems and password protection
  • Restricted staff access on a need-to-know basis
  • Locked physical files
  • Staff privacy training

13. Retention, Destruction and De-Identification

We retain personal information only for as long as necessary to meet business, legal, and regulatory requirements. When no longer required, information is securely destroyed or permanently de-identified.

14. Data Breaches

In the event of a suspected or actual data breach, we will assess the incident and, where required, comply with the Notifiable Data Breaches scheme, including notifying affected individuals and the OAIC.

15. Access and Correction

You may request access to personal information we hold about you or request correction if inaccurate, incomplete, or out-of-date. Requests should be made to:

  • Privacy Officer: Lou Niceski
  • Phone: 4228 7878
  • Email: info@elderswollongong.com
  • Address: 353 Crown Street, Wollongong NSW 2500

16. Complaints

If you believe we have breached the Australian Privacy Principles, you may lodge a complaint with us. We will:

  • Acknowledge your complaint
  • Investigate promptly
  • Respond in writing with the outcome (within 30 days)

If unresolved, complaints may be escalated to the Office of the Australian Information Commissioner (OAIC):

17. Automated Decision-Making and AI

We do not use automated decision-making systems or AI tools. All decisions relating to sales, leasing, and property management are made by our staff.

18. Staff Awareness and Implementation

This Privacy Policy is actively implemented through:

  • Staff training on privacy obligations
  • Compliance as part of day-to-day operations
  • Regular review of privacy practices
  • Policy availability in-office and online, including collection points

19. Updates to This Policy

We may update this Privacy Policy from time to time to reflect changes in legal requirements or business practices. The most current version is available on our website or upon request.

20. Contact Us

For privacy enquiries, access requests, or complaints:

  • Privacy Officer: Lou Niceski
  • Danielou Pty Ltd – Elders Real Estate Wollongong
  • ABN: 19 091 294 530
  • Phone: 4228 7878
  • Email: info@elderswollongong.com
  • Address: 353 Crown Street, Wollongong NSW 2500