Market Share Property is committed to protecting people’s personal information and complying with its obligations under the Privacy Act 1988 (Cth) (‘Privacy Act’) and the 13 Australian Privacy Principles (‘APPs’) set out in that Act.
Application of the APPs to MSP
Personal information is information about you or an opinion about you. It means any information about an individual (i.e. a natural person) who can be identified from the information, whether the information is true or not and whether it is recorded in a material form or not. The APPs regulate the way that MSP must handle your personal information.
We will not collect personal information unless it is reasonably necessary for, or directly related to, one or more of our functions or activities. If the information is sensitive information we will obtain the consent of the individual.
You may be able to deal with us without identifying yourself, such as anonymously or by a pseudonym, in some circumstances. If you wish to do so, please contact us to find out if this is practicable in your circumstances. However, if you do not provide us with your details, it may be impracticable for us to carry out our functions or activities including provide you with our services.
Our designated Privacy Officer is:
Postal Address: 17 – 19 Exeter Rd Croydon North 3136
Through its Privacy Officer, MSP is happy to provide further details as to the extent to which we are required to comply with the APPs.
Alternatively, further details of the obligations imposed upon organisations under Australia’s privacy laws can be obtained directly from the Office of the Australian Information Commissioner (‘Commissioner’) or by reference to the APPs and the Commissioner’s associated guidelines at www.oaic.gov.au.
The types of information held by MSP
MSP collects and holds personal information including the following:
names, email addresses, other contact details, residential and mail addresses, gender information, occupation details, and other personal information provided by individuals to the real estate agency or our service providers in acquiring, using or subscribing to our services;
financial information such as assets and liabilities, income and expenses, credit reference information and credit card/banking details;
property valuations and details of properties obtained to make, analyse and/or assess those valuations;
databases of comparable sales of properties and/or businesses in order to appraise the value of other properties and businesses and in order to assist in the marketing of those properties and businesses;
information used with respect to the marketing, sale and/or leasing of real estate properties and/or businesses;
information from sellers, buyers, lessors and/or tenants and potential sellers, buyers, lessors and/or tenants of properties and/or businesses;
details of properties, owners and tenants used for the purpose of managing the leasing of both commercial and residential properties; references associated with tenancy applications;
data obtained from third parties regarding lease applicants’ rental histories;
data obtained from third parties for use when marketing, selling and leasing real estate properties and businesses.
How your personal information is collected by MSP
MSP collects your personal information in different ways, such as:
wherever reasonable or practicable, directly from the individual with respect to whom the information relates such as over the telephone, in correspondence you send us (letter, paper forms, facsimile or email) or online forms or as a subscriber through our website;
from individuals, employers, valuers, agents and representatives (e.g. lawyers, settlement agents, accountants, financial advisers, banks);
from buyers, sellers, lessors, tenants or other users of our services or, alternatively, potential users of those services;
through our website;
through publicly available information services and databases (e.g. social media, local councils, telephone white pages, internet records);
when we are required to collect the information by virtue of legal or regulatory requirements;
when individuals participate in competitions or surveys conducted by the real estate agency (or third parties, on our behalf) including, but not limited to, surveys relating to the quality of our services provided and surveys relating to real estate matters;
from data bases kept by third parties regarding individual’s rental histories;
from other real estate agents (e.g. when the agency is involved in a conjunctional sale of land or when we act for a buyer in a transaction);
from individuals who apply for a job with us.
How your personal information is held and used by MSP
MSP collects and stores personal information electronically such as in our company wide database and various sales management databases.
MSP stores your personal information in a reasonable state of security and protects it from misuse, interference, loss, or unauthorised access, modification or disclosure. We have up to date server and security systems including password protection, anti-virus software and firewalls.
MSP collects, holds, uses and discloses personal information so that we can perform our various functions and conduct the services that we provide to our customers, sellers, buyers, lessors and tenants, to enable us to carry out our activities and carry on our business.
In particular, MSP collects and uses personal information in order to:
provide services in connection with the sale/purchase and/or leasing of properties and/or businesses;
provide advice to customers and prospective customers with respect to real estate and/or business agency matters;
obtain information to assist us in the valuing, selling and/or leasing of properties and/or businesses;
assess applications for residential and commercial tenancies;
assist us with marketing our services;
be able to advise our clients of additional information or services supplied by us (or by third parties) that may be of interest to them;
provide personal information to our contractors, who provide us with services to assist us with conducting our business;
efficiently manage our business;
assist with our delivery of services via the internet;
provide information to the providers of real estate internet services to enable us to market properties, promote our services and conduct our business through the internet;
carry out research and statistical analysis to assist with its functions and activities.
Disclosure of personal information to third parties and overseas
MSP may disclose your personal information to third parties, for example, to our contractors, customers, clients, or potential sellers, buyers or landlords, advertising entities or media organizations, other real estate agents, owners’ corporations or body corporate, to parties engaged to evaluate or value a property, to obtain payment from creditors, to provide advice or provide a requested service – these are the purposes for which the information was collected or related purposes such as to complete a transaction.
Personal information is likely to be disclosed both within Australia and to overseas recipients where necessary for our purposes. When disclosed to overseas recipients, the likely locations are variable. When you provide your personal information to us you are agreeing to the disclosure of your personal information to these overseas entities, that we are not required to take reasonable steps to ensure the overseas recipient’s compliance with the Privacy Act and that we are not liable to you for any breach of that Act by the overseas recipient, and on this basis, you consent to such disclosure.
Right to gain access to personal information and our complaints handling processes
Pursuant to the APPs, a person has rights to request access to his or her personal information held by us and to request correction of that information. Subject to the relevant exemptions contained in the APPs and subject to an individual providing sufficient proof of his or her identity, upon request by the individual, we will provide access to information that we hold about the individual.
MSP requests, for the purposes of clarity, that any requests for access to personal information be made in writing addressed to our Privacy Officer.
We will generally provide access to information by providing to the individual concerned copies of relevant documents. Where, for reasons of volume or otherwise, providing copies of documents is not practical, we will make arrangements for the individual concerned to attend at our offices to carry out a physical inspection.
Wherever possible, we will provide copies of documents or access to the information that we hold with respect to an individual within fourteen (14) days of the receipt of the relevant request. In the case of more complex requests we will endeavour to provide access to the information within a period of thirty (30) days.
MSP does not charge a fee for requesting access to personal information. However, MSP reserves the right to charge a fee for providing a person’s information based on the administrative cost of supplying the information requested. Further details as to these costs and the ability to access information held by us can be obtained by contacting our Privacy Officer.
If individuals believe that information held relating to them is incorrect they are entitled to request, by contacting our Privacy Officer, that we correct that information. Should we believe that we are entitled to refuse a request to access information or to make corrections we will provide written reasons for our decision.
MSP will take steps that are reasonable to ensure that, having regard to the purpose of the use or disclosure, your personal information is kept accurate, up-to-date, complete and relevant. However, we rely on you to keep us up-to-date about your personal information and advise us of any changes so that we may keep accurate, complete, relevant and up-to-date information. If you are able to access your personal information by logging on to our website or an account you have with us, it is your responsibility to ensure that your personal information is accurate, up-to-date, complete and relevant.
Further information or making a complaint
Should you wish to obtain further information with respect to the type of personal information we hold, the purposes for which we use that information, the way in which we manage that information, please contact our Privacy Officer at the contact details set out above.
If you are dissatisfied with the manner in which we deal with your personal information or if you wish to make a complaint, please contact our Privacy Officer in writing. We will respond as soon as reasonably practicable to the complaint.
Complaints Resolution Officer:
17-19 Exeter Road Croydon North 3136
In the event that you, our valued client, have a complaint about the service of Market Share Property (MSP), the following procedures apply.
1) Please notify the Complaints Officer as soon as is practical either by phone, email or post.
2) The Complaints Officer will respond to your complaint via phone or email within 24 hours of receiving notification of the complaint.
3) MSP will endeavour to resolve your complaint in a timely and professional manner.
4) If the issue is not resolved with 7 days you will be invited into our office to fully discuss the problem with the Directors and Owners of the company to ensure a swift and fair resolution.
MSP values the relationships with our clients and we will treat all client interactions as important. We promise to devote the necessary time to resolve any and all issues raised by pour clients to better promote excellence in consumer outcomes.
Sometimes it will not be possible to resolve a complaint to everyone's satisfaction, and you might want to escalate the matter to the Estate Agents Resolution Service (EARS) at Consumer Affairs Victoria.
EARS can deal with enquiries and complaints about real estate agents and offers information, advice and dispute resolution services on real estate issues.
You can telephone EARS on 1300 73 70 30 weekdays to discuss your complaint.