Privacy Policy

D & J Pearce Real Estate is committed to protecting your privacy and your personal information and aims to maintain a high standard of compliance with the Privacy Act 1988 (Commonwealth) as amended by the Privacy Amendment (Private Sector) Act 2000, and the National Privacy Principles. This Privacy Statement forms part of the D & J Pearce Real Estate Privacy Policy and is intended to inform you about the following:
  • How D & J Pearce Real Estate collects your personal information;
  • What type of personal information D & J Pearce Real Estate collects;
  • The purposes for which D & J Pearce Real Estate uses that information;
  • How D & J Pearce Real Estate maintains and keeps the information secure; and
  • How you may access, correct or update any personal information that D & J Pearce Real Estate holds about you.
  • How does D & J Pearce Real Estate collect personal information about me?

In its marketing activities D & J Pearce Real Estate may access various databases in the public domain such as Telstra White Pages, Australia Post DPID database, Titles Office or other property databases. D & J Pearce Real Estate may also obtain referrals and recommendations from existing clients.

When you become a client or prospective client of D & J Pearce Real Estate, most of the personal information about you is collected by D & J Pearce Real Estate either directly from you, or indirectly from D & J Pearce Real Estate franchisees or from public-domain, government databases such as the previously mentioned examples.

As part of its due diligence process prior to entering into lease or rental agreements with you, D & J Pearce Real Estate may use authorised credit-checking agencies.

What type of personal information does D & J Pearce Real Estate collect about me?

D & J Pearce Real Estate may collect any of the following information about you if you are a prospective Vendor, Purchaser or Landlord of Real Estate:

  • Contact details
  • Property ownership details
  • Desired property ownership details

If you are a prospective tenant for Real Estate Rental or Lease, D & J Pearce Real Estate may collect the following information from you:

  • Employment details such as your employment status, employer, salary, length of employment;
  • Other sources of income;
  • Personal and Financial Referees whom we may contact;

Sometimes D & J Pearce Real Estate may also need to ask you for other personal information to enable D & J Pearce Real Estate to provide its services to you. Can I be anonymous when I deal with D & J Pearce Real Estate?

Why does D & J Pearce Real Estate collect this information?

D & J Pearce Real Estate collects this information to:

  • Enable D & J Pearce Real Estate to provide you with the services and/or products you may require.
  • To comply with Local, State or Federal legislation or regulations with respect to Real Estate property sales, rental and administration.
  • enable subsidiaries, associated franchised offices of D & J Pearce Real Estate and third party partner businesses to assist you with related or ancillary services, as required.

How does D & J Pearce Real Estate use the personal information held about me?

Any personal information about you that D & J Pearce Real Estate collects and records will only be used or disclosed by D & J Pearce Real Estate lawfully and by fair means for the purpose of:

  • compliance with our and your obligations under real-estate regulations and laws applicable for New South Wales.
  • helping D & J Pearce Real Estate efficiently and effectively deliver and improve on D & J Pearce Real Estate and D & J Pearce Real Estate Franchisees products and services or any other purpose specified to you at the time of collection; or
  • any other purpose if you would reasonably expect D & J Pearce Real Estate to use or disclose that personal information for that other purpose and that other purpose is related to the above purpose; or
  • sending you news, and other information about D & J Pearce Real Estate activities and general promotional material which D & J Pearce Real Estate believes may be of interest to you, however, when D & J Pearce Real Estate does this, D & J Pearce Real Estate will provide you with an express opportunity to decline receiving any further communication from D & J Pearce Real Estate of this type via an opt-out mechanism.

If D & J Pearce Real Estate wishes to use or disclose any of your personal information in any other ways than described above, D & J Pearce Real Estate will not do so unless:

  • D & J Pearce Real Estate has your express consent to do so;
  • D & J Pearce Real Estate has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or
  • D & J Pearce Real Estate has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.

To some extent you can preserve your anonymity when you deal with D & J Pearce Real Estate You can visit our website without providing any personal information, you can access our real-estate advertising in various publications and you can attend auctions without providing personal details.

However when you enter into transactions with D & J Pearce Real Estate that involve the sale, purchase or rental of real estate property, then various Acts, statutory legislation and regulations require you to provide us with personal information so as to identify you.

What happens if I want to access or correct the personal information held about me?

You may access your personal information held by D & J Pearce Real Estate, subject to some exceptions. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days.

We may charge you a reasonable fee to recover our costs for providing access based on the quantity of material and time involved in providing access.

We may not be able to provide access to information in some situations including:
  • where in our opinion providing you access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;
  • where your request for access is in our opinion frivolous or vexatious; or
  • where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.
  • If for any reason D & J Pearce Real Estate does not allow you to access your personal information, D & J Pearce Real Estate will provide you with reasons in writing for its decision.

Does D & J Pearce Real Estate provide my personal information to third parties?

There are some instances when we need to provide your personal information to third parties. We may be bound by law to provide your details to government-related bodies including but not limited to the Titles Office or the Residential Tenancies Bond Authority.

Sometimes we may need to outsource some of our administrative and other property-related functions to external organisations such as Advertising Agencies, Signwriters, building and garden maintenance contractors, or consultants such as accountants, lawyers, surveyors and other advisors. Most of the above organisations are bound by express or implied confidentiality obligations to D & J Pearce Real Estate. We may also need to provide your details to Franchisees of D & J Pearce Real Estate.

D & J Pearce Real Estate does not sell your personal details to other organisations. We may however use the information about you to assist us with internal marketing and research.

How does D & J Pearce Real Estate keep my personal information secure?

D & J Pearce Real Estate will take reasonable steps to ensure information D & J Pearce Real Estate collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by D & J Pearce Real Estate so as to prevent misuse, loss or unauthorised access, modification or disclosure. If the personal information is no longer needed for any purpose, D & J Pearce Real Estate will take reasonable steps to destroy or permanently de-identify the personal information. D & J Pearce Real Estate endeavours to provide a secure environment and a reliable system but you should be aware that there are inherent risks associated with the electronic storage and transmission of information (particularly via the Internet) which cannot be guaranteed to be 100% secure.

What if I have a complaint or concern?

Who do I contact for further information? Our Privacy Officer can assist you with any enquiries you have about the information that we hold about you. They can be contacted on (02) 6572 4700 or fax (02) 6572 4535 from 9.00am to 5.00pm (Sydney time), Monday to Friday.

You can also write to the Privacy Officer at:

D & J Pearce Real Estate

153 John Street

Singleton NSW 2330

What if you are unable to resolve my complaint or concern?

If we are unable to resolve your complaint within this time, or you are unhappy with the outcome, you may refer your complaint to the Privacy Commissioner in your State capital. The Privacy Commissioner can be contacted by telephone from anywhere in Australia for the cost of a local call on 1300 363 992, or you can write to the Privacy Commissioner at the following address:

The Office of the Federal Privacy Commissioner
GPO Box 5218
Sydney NSW 1042
Fax: (02) 9284 9666
e-mail privacy@privacy.gov.au
TTY: 1 800 620 241 (Teletype access for the hearing impaired)