PRIVACY POLICY

Introduction

Buildfront Pty Ltd (ACN 643 972 418) trading as Nikko Property (we, us, our) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information.

This privacy policy sets out our commitment to protecting the privacy of your personal information and how it is collected whether through our website (Site), directly from you or otherwise.

We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, and we manage the collection and disclosure of your personal information in accordance with these requirements.

We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (EU) (GDPR). Your rights under the GDPR are listed in clause 12.

If you do not wish to provide personal information to us, then you do not have to do so. However, this may affect your use of this Site or any products and services offered on it.

What is your personal information?

When used in this privacy policy, the term “personal information” has the meaning given to it under the Privacy Act and GDPR.

In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation.

If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users operate on our website.

Your personal information will not be shared, sold, rented or disclosed other than as described in this privacy policy.

What information we may collect from you

We may collect the following personal information from you:

names;

email address;

telephone number;

primary language spoken;

business management information;

billing, mailing, business and/or residential address;

company names, business names, trading names, Australian Company Numbers and/or Australian Business Numbers;

date of birth;

various forms of identification;

employment status;

profession or occupation;

your buying cycle status;

geographic locations in which you are looking for property;

family income range, deposit savings and other information regarding your buying status, such as whether you have finance arranged and the level of savings you have for a new home;

current home ownership status;

budget for property;

property specification preferences;

marital status;

number of dependents;

your assets and any debts or liabilities you currently have;

your timeframe to buy land and/or to build a house;

whether you are a first home buyer, investor or any other buyer type; and

whether you have bought products of Third Party Professionals, defined in clause 3.2(p);

any additional information relating to you that you provide to us directly through our websites or indirectly through use of our websites or online presence or through our representatives.

We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service. We collect, hold, use and disclose your personal information for the following purposes:

to allow us to conduct our business functions;

to provide our services to you;

to contact you;

to send communications requested by you;

to assist users and customers by providing them with information and support;

to answer enquiries and provide information or advice about existing and new services;

when you have submitted an enquiry via our Site, directly to a partner, to call you to ensure you have received a response from the partner and to query whether they would like assistance with another matter or would like to engage other partners;

to conduct internal record keeping;

to identify and understand user needs;

to personalise and customise your experiences on our Site;

to manage and administer any account you may hold with us on the Site;

to market and sell our products and services;

to call you to offer you our other products and services or the products and services of third parties;

to contact you to conduct surveys about your customer service experience;

to conduct market research, business development and marketing activities (including direct marketing);

to send you information about products and services you may be interested in from us, participating builders, developers, building professionals, land developers, apartment developers, our partners, and their agents and representatives (collectively referred to as a Third Party Professional);

to provide you with ongoing information that we believe you may be interested in receiving;

to allow us to provide advertising material to you regarding us and our partners;

for our internal administrative, marketing and planning requirements;

when you have expressed an interest in a particular house, apartment, home design, apartment design, land lot, apartment development, land developer, apartment developer, partner, to contact or communicate with you in relation to that matter and provide you with more information;

if you are a business looking to engage our services or are personnel of a third party with whom we engage in as part of our business, to communicate with you about your business’ or that third party's engagement with us and otherwise as specified in this Privacy Policy;

to monitor and optimise our website and business functions;

to analyse marketing performance;

monitor the performance of Third Party Professionals; and

to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority.

How do we collect your personal information?

We collect your personal information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information from you, we or a third party, on our behalf, may collect in ways including:

when you make an enquiry about our products and services, such as by using the live chat on our Site or by booking a call with one of our representatives;

when you call our contact numbers;

when you contact our Third Party Professionals;

when you register for or use an account on our Site or enter a separate agreement with us;

when you fill in or partially fill in any of our online forms, including when downloading free publications or making online bookings;

through your access and use of our website;

when you buy our products or services;

when you submit an enquiry via our Site directly to a Third Party Professional;

during conversations between you and our representatives or through any other means or platforms, including social media;

when you ask to be placed on one of our subscription/mailing lists;

when you become a client or customer of ours or otherwise use our services;

when you visit any links shared via our social media posts, emails or other landing pages;

when you provide feedback;

submit a job application to us; and

during any and all calls or emails between you and our representatives.

What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

we may not be able to provide our products or services to you, either to the same standard or at all;

we may not be able to provide you with information about services that you may want, including information about special promotions; or

we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as enjoyable or useful.

Our website

Site User Tracking Experience

We may use tracking software to review and improve your experience of our Site, Surveys and landing pages. In particular, we may use Facebook Pixel, Infusionsoft, Active Campaign, Google Analytics, YouTube, etc.

We may use advertising products, such as Remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about our Site traffic via Google Advertising cookies and anonymous identifiers.

Other than data linked to a User ID assigned to you when you browse our Site, which may be linked to an account that you create with us, data collected via Google Analytics and other advertising and analytics products is not linked with any personally identifiable information you submit while on our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google's Site at https://tools.google.com/dlpage/gaoptout.

Cookies

When you access our Site, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables us to recognise your computer and greet you each time you visit our website without bothering you with a request to register. It also allows us to customise content, customise and target advertising, track users across multiple sessions and keep track of services you view so that, if you consent, we can send you news about those services.

We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate.

We use this to research our users’ habits so that we can improve our online services. Other than data linked to a User ID assigned to you when you browse our Site, which may be linked to an account that you create with us, our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the website, track users’ movements, and gather broad demographic information.

The website may contain content and sharing tools embedded from various social networks, such as Facebook. These suppliers may use and place cookies on your device. We do not have access to, and cannot control, these cookies or the personal data and information that they may collect. You therefore need to check the websites of these suppliers to get further information on how they manage cookies and what information their cookies collect.

Security

As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online.

We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

We provide links to websites outside of our website, as well as to third party websites. These linked sites are not under our control, and we cannot accept responsibility for the conduct of any companies, businesses, affiliates, advertisers and sponsors, linked to our website.

Before disclosing your personal information on any other website or to any third party, we advise you to examine the terms and conditions of using that websites and its privacy policy. Third party websites are responsible for informing you about their own privacy practices.

Who do we disclose your information to?

We may disclose your personal information to:

our directors, employees, agents, contractors or service providers for the purposes of operating our website or our business, fulfilling requests by you, and to otherwise provide our services to you;

our related entities, as defined under the Corporations Act, 2001 (Cth), including but not limited to, Buildfront Pty Ltd (ACN 643 972 418) and related entities of Buildfront Pty Ltd;

our business partners, suppliers and other third parties with whom we have commercial relationships, for the purpose of providing products and services to you and for general business, marketing, and related purposes, which may include overseas parties;

professional service providers and advisors who perform functions on our behalf, such as lawyers;

representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, printing, mailing, marketing, planning and product or service development);

our website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner;

banks, mortgage brokers, insurers, auditors, business consultants and IT service providers;

credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by us to them, and other law enforcement officers as required by Law;

your nominated representatives; and

any other organisation for any authorised purpose with your express consent.

We only disclose this information if the third party has agreed to comply with the standards in our privacy policy.

If there is any change or potential change to the control of our business pursuant to the sale, assignment or transfer of the business, or business assets, its assets and/or liabilities, we reserve the right to sell, assign and/or transfer our user databases, together with any personal information and non-personal information contained in those databases to the extent permitted by law. In that event, your personal information may be disclosed to a potential purchaser, assignee or transferee, however any disclosures will only be made in good faith and where confidentiality is maintained.

Direct marketing materials

We may send you direct marketing communications and information about our services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).

If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.

In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our subscription/mailing list.

We do not provide your personal information to other organisations for the purposes of direct marketing.

Security and data quality

We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure.

We strive to ensure the security, integrity and privacy of personal information that you submit to us through our website. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

We endeavour to take all reasonable steps to protect the personal information you may transmit to us or from our online products and services. Once we do receive your transmission, we will also make our best efforts to ensure its security on our systems.

In addition, our employees and the contractors who provide services related to our information systems are obliged to respect the confidentiality of any personal information held by us.

We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed or when we are no longer required by Law to retain it (whichever is the latter).

How long do we retain your personal data?

We will only keep your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By Law, we must keep basic information about our customers (including contact, identity, financial and transaction data) for five years for Australian tax law purposes.

In some circumstances, you can ask us to delete your data; see your legal rights below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

If I am based in the EU, what are my legal rights under the GDPR?

If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:

The right to be informed – that’s an obligation on us to inform you how we use your personal data;

The right of access – that’s a right to make what’s known as a ‘data subject access request’ for copy of the personal data we hold about you;

The right to rectification – that’s a right to make us correct personal data about you that may be incomplete or inaccurate;

The right to erasure – that’s also known as the ‘right to be forgotten’ where in certain circumstances you can ask us to delete the personal data we have about you (unless there’s an overriding legal reason we need to keep it);

The right to restrict processing – that’s a right for you in certain circumstances to ask us to suspend processing personal data;

The right to data portability – that’s a right for you to ask us for a copy of your personal data in a common format (for example, a .csv file);

The right to object – that’s a right for you to object to us processing your personal data (for example, if you object to us processing your data for direct marketing); and

Rights in relation to automated decision making and profiling – that’s a right you have for us to be transparent about any profiling we do, or any automated decision making.

These rights are subject to certain rules around when you can exercise them.

If you wish to exercise any of the rights set out above, please contact us privacy@nikkoproperty.com.

How can you access and correct your personal information?

You may request access to any personal information we hold about you at any time by contacting us (see the details below).

Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you).

We may charge you a reasonable fee to cover our administrative and other reasonable costs in providing the information to you.

We will not charge for simply making the request and will not charge for making any corrections to your personal information.

There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires correction. If we do not agree that there are grounds for correction, then we will add a note to the personal information stating that you disagree with it.

How can you withdraw your consent to this privacy policy?

You may withdraw your consent to this privacy policy at any point. If you wish to withdraw your consent to our collection and retention of your data, please contact our Data Protection Officer at privacy@nikkoproperty.com and we can arrange for your data to be deleted, destroyed or returned to the extent we are permitted by law. However, this may affect your use of this Site or any products and services offered on it.

You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us at the email address listed in this privacy policy.

To unsubscribe from our e-mail database, or opt out of any communications, please email privacy@nikkoproperty.com, with “Unsubscribe” in the subject line of the e-mail.

What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it.

We will treat your complaint confidentially, investigate your complaint and aim to ensure that we contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or the GDPR, if applicable).

Contacting us

If you have any questions about this privacy policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact us at privacy@nikkoproperty.com.

We will treat your requests or complaints confidentially.

Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved.

We will aim to ensure that your complaint is resolved in timely and appropriate manner.

Changes to our privacy policy

We may change this privacy policy from time to time.

All Personal Information held by us will be governed by our most recent privacy policy, posted on our Site at https://www.nikkoproperty.com/privacy-policy where the privacy policy will be located.

Any changes to this privacy policy may be advised to you by updating this page on our Website. We encourage you to check this page from time to time for any changes.

This privacy policy was last updated 01 September 2020.