Privacy Policy
Introduction
This Privacy Policy describes how Compareyourrealestate ACN 700 244 891 of Level 1, 63-73 Ann Street, Surry Hills NSW 2010 (we, us or our) collects, uses, stores, discloses and otherwise handles your Personal Information in connection with your access to and use of the website located at compareyourrealestate.com and any related applications, features, content, tools and services (together, the Platform).
This Privacy Policy is incorporated into and forms part of our Website Terms of Service. Capitalised terms not defined in this Privacy Policy have the meaning given to them in our Website Terms of Service.
We are committed to handling your Personal Information in accordance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) (Privacy Act) and, where applicable to you, the General Data Protection Regulation (EU) 2016/679 (GDPR) and the United Kingdom General Data Protection Regulation as it forms part of the law of England and Wales, Scotland and Northern Ireland (UK GDPR).
Operative provisions
Definitions and interpretation
Defined terms
In this Privacy Policy, unless the context otherwise requires:
- Australian Privacy Principles or APPs
- means the principles set out in Schedule 1 to the Privacy Act.
- Cookies
- means small data files placed on your device when you access the Platform, and similar tracking technologies including pixels, tags, scripts and local storage.
- EEA
- means the European Economic Area.
- GDPR
- means the General Data Protection Regulation (EU) 2016/679, and where the context requires, the UK GDPR.
- OAIC
- means the Office of the Australian Information Commissioner.
- Personal Information
- means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether recorded in a material form or not, and includes “personal data” as defined in the GDPR.
- Privacy Act
- means the Privacy Act 1988 (Cth).
- Sensitive Information
- has the meaning given in the Privacy Act and includes “special category data” as defined in the GDPR.
- Standard Contractual Clauses or SCCs
- means the standard contractual clauses approved by the European Commission or the UK Information Commissioner from time to time for the transfer of Personal Information out of the EEA or the United Kingdom.
- Supervisory Authority
- means a public authority responsible for monitoring the application of the GDPR or any other applicable privacy law.
Interpretation
In this Privacy Policy, unless the context otherwise requires:
- headings and sub-headings are for convenience only and do not affect interpretation;
- the singular includes the plural and vice versa;
- a reference to a person includes a corporation, partnership, trust, government body or any other entity;
- a reference to a statute, regulation or other instrument includes any amendment, replacement or re-enactment of it; and
- a reference to writing includes email and other electronic forms of communication.
About this Privacy Policy
- This Privacy Policy applies to all individuals who access or use the Platform, whether as a guest user or as a Registered User, and to all Personal Information we collect through or in connection with the Platform.
- We are the data controller (within the meaning of the GDPR) of Personal Information collected through the Platform.
- If you do not agree with this Privacy Policy, you should not use the Platform. By using the Platform, you acknowledge that you have read this Privacy Policy and understood how we handle your Personal Information.
Personal Information we collect
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We collect the following categories of Personal Information:
- identity and contact information, such as your name, email address, telephone number and (for Registered Users) any other contact details you provide;
- account information, such as your username, hashed password, account preferences and authentication details;
- property comparison data, including the preferences, weightings, scores, notes, property listings, addresses, budget and financing information (such as budget breakdowns and indicative loan repayments) and other inputs you submit when using the Platform;
- location and property data, including location information you input, location data derived from third-party services such as the Google Places API, and your approximate location based on your IP address;
- technical and usage data, including your IP address, device identifiers, browser type, operating system, time zone, referring URLs, pages visited, time spent on the Platform, and information collected through Cookies;
- communications, including the content of any emails, support requests or feedback you send to us;
- partner and invitee information, being the name and email address or other contact details of any person you invite to view or compare properties with you through the invite a partner feature; and
- any other Personal Information that you choose to provide to us.
- We do not knowingly collect Sensitive Information through the Platform, and you should not submit Sensitive Information unless we expressly request it. If we ask for Sensitive Information, we will only collect it with your express consent and in accordance with applicable law.
- Where lawful and practicable, you may interact with the Platform anonymously or under a pseudonym. However, certain features (such as creating an Account) require you to provide identifying information.
How we collect Personal Information
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We collect Personal Information in the following ways:
- directly from you, when you register an Account, use the Platform, complete a form, contact us or otherwise interact with us;
- automatically, when you access or use the Platform, through Cookies, server logs, analytics tools and similar technologies;
- from third parties, including Google in connection with the Google Places API, analytics providers, advertising partners, identity verification providers and any social login providers you use to authenticate to the Platform; and
- from publicly available sources, including publicly available property listing data.
Purposes of collection, use and disclosure
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We collect, hold, use and disclose your Personal Information for the following purposes:
- to provide, operate and maintain the Platform, including generating property comparisons, scores and rankings based on your inputs;
- to create, manage, secure and administer your Account;
- to personalise your experience and remember your preferences;
- to operate the invite a partner feature, including to send your invitations and, at your direction, to share your property comparisons, scores, notes, addresses, budget breakdowns and indicative loan repayments with the partners you invite;
- to communicate with you, including to respond to your enquiries, send transactional messages, provide customer support and notify you of changes to the Platform or this Privacy Policy;
- to send you marketing communications about our products and services, where you have consented or where we are otherwise permitted by law;
- to operate, evaluate, improve and develop the Platform, including by analysing usage patterns and conducting research and analytics;
- to detect, prevent and respond to fraud, abuse, security incidents and other harmful or unlawful activity;
- to comply with our legal and regulatory obligations, respond to lawful requests from courts, regulators or law enforcement, and exercise or defend legal claims;
- to facilitate a corporate transaction, including a sale, merger, acquisition, reorganisation or insolvency proceeding involving us; and
- to generate aggregated and de-identified data and insights, including for the purposes set out in clause 10.
Lawful bases for processing under the GDPR
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Where the GDPR applies to our processing of your Personal Information, we rely on the following lawful bases under Article 6(1) of the GDPR:
- performance of a contract: where processing is necessary to provide the Platform and Services to you under our Website Terms of Service, or to take steps at your request before entering into that contract;
- legitimate interests: where processing is necessary for our or a third party’s legitimate interests, including operating, securing and improving the Platform, conducting analytics, preventing fraud and abuse, marketing similar products and services to existing customers, and pursuing or defending legal claims, except where those interests are overridden by your interests or fundamental rights and freedoms;
- consent: where you have given clear consent, including for non-essential Cookies, certain marketing communications, and any processing of Sensitive Information;
- legal obligation: where processing is necessary to comply with a legal or regulatory obligation to which we are subject; and
- vital interests: in rare circumstances, where processing is necessary to protect your vital interests or those of another natural person.
- Where we rely on your consent as the lawful basis for processing, you may withdraw that consent at any time by contacting us using the details in clause 18. Withdrawal of consent does not affect the lawfulness of processing carried out before withdrawal.
Disclosure and sharing
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We may disclose your Personal Information to the following categories of recipients:
- our service providers and contractors, including hosting and cloud infrastructure providers, software-as-a-service providers, analytics and product analytics providers, email and communications providers, customer support providers, fraud prevention providers and payment processors;
- third-party data and integration providers that we use to operate the Platform, including Google in connection with the Google Places API;
- our professional advisers, including lawyers, accountants, auditors and insurers, where reasonably necessary;
- law enforcement, regulators, courts, government authorities and other third parties, where required or permitted by law or where reasonably necessary to protect our rights, property or safety, or the rights, property or safety of any other person;
- an actual or prospective acquirer, investor, financier, successor or assignee in connection with any actual or proposed corporate transaction, including a sale, merger, acquisition, reorganisation, financing or insolvency event;
- the partners you invite through the invite a partner feature, to whom we disclose the property comparison information you choose to share, at your direction;
- any other third party with your consent or at your direction; and
- any other person, where required or authorised by law.
- We do not sell your Personal Information, and we do not sell, license or otherwise commercialise any data derived from it.
- We require our service providers to handle Personal Information in accordance with their obligations under applicable law and to use it only for the purposes for which we disclose it to them.
Invite a partner
- We only share your property comparison information with a partner where you have used the invite a partner feature and given consent through the consent prompt presented in the Platform, and you may choose what information to share. You may withdraw your consent and stop sharing with a partner at any time through the Platform or by contacting us using the details in clause 18.
- Where you invite a partner, we take reasonable steps to notify that person about our collection and handling of their Personal Information in accordance with the Australian Privacy Principles.
International data transfers
- The Platform is operated from Australia. Your Personal Information may be stored, accessed and processed in Australia and in other countries where we or our service providers have facilities or operations, including the United States, the United Kingdom and member states of the European Union.
- Where we transfer Personal Information out of the EEA or the United Kingdom to a country that has not received an adequacy decision under Article 45 of the GDPR (including Australia), we put in place appropriate safeguards in accordance with Article 46 of the GDPR. These safeguards typically include the Standard Contractual Clauses, supplemented where necessary by additional technical, contractual and organisational measures.
- Where we transfer Personal Information from Australia to overseas recipients, we take reasonable steps in accordance with APP 8 to ensure that those recipients handle the Personal Information in a way consistent with the APPs.
- You may request a copy of the relevant safeguards we use for international transfers by contacting us using the details in clause 18.
Cookies and tracking technologies
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We use Cookies on the Platform for the following purposes:
- strictly necessary Cookies, which are required for the Platform to function and to provide the features you request, such as authentication and session management;
- performance and analytics Cookies, which help us understand how the Platform is used so we can measure and improve its performance;
- functionality Cookies, which remember your preferences and personalise your experience; and
- advertising and marketing Cookies, which we may use, with your consent where required, to deliver and measure marketing communications.
- Where required by applicable law (including the GDPR and the Privacy and Electronic Communications Regulations in the United Kingdom), we will obtain your consent before placing any non-essential Cookies on your device. You can manage your consent through the cookie preferences tool on the Platform and adjust your browser settings to refuse, delete or disable Cookies.
- Disabling certain Cookies may affect the availability or functionality of parts of the Platform.
Aggregated and de-identified data
- We may aggregate, anonymise or de-identify Personal Information so that it can no longer reasonably be used to identify you. We do not consider aggregated or de-identified data to be Personal Information.
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We may use aggregated or de-identified data for our internal business purposes, including:
- analysing trends in property preferences, comparisons and rankings;
- benchmarking and reporting; and
- developing, improving and promoting the Platform and the Services.
- We will not re-identify aggregated or de-identified data, and we will require any third parties to whom we disclose that data not to attempt to re-identify it.
Storage, security and data breach
- We take reasonable technical and organisational measures to protect your Personal Information from misuse, interference, loss, unauthorised access, modification or disclosure. These measures include access controls, encryption in transit, network security and regular review of our information handling practices.
- No method of transmission over the internet or method of electronic storage is completely secure. While we use reasonable means to protect your Personal Information, we cannot guarantee its absolute security.
- If we become aware of an eligible data breach involving your Personal Information, we will notify you and any relevant Supervisory Authority or regulator, and otherwise comply with our obligations under the Privacy Act, the GDPR and any other applicable law.
Retention of Personal Information
- We retain your Personal Information only for as long as is necessary for the purposes for which it was collected or as required by law.
- When determining the appropriate retention period, we consider the nature and sensitivity of the Personal Information, the purposes for which we process it, our legal and regulatory obligations, the existence of any actual or threatened legal claims, and applicable limitation periods.
- When we no longer need to retain Personal Information, we will take reasonable steps to securely destroy or de-identify it.
Your privacy rights
Rights under the Privacy Act
- Under the Privacy Act, you have the right to request access to, and correction of, the Personal Information we hold about you. We will respond to any request within a reasonable period and in accordance with the APPs.
Additional rights under the GDPR
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If you are located in the EEA or the United Kingdom, or your Personal Information is otherwise subject to the GDPR, you also have the following rights, in each case subject to the conditions and limitations set out in the GDPR:
- the right to be informed about the processing of your Personal Information;
- the right of access to your Personal Information (Article 15);
- the right to rectification of inaccurate Personal Information (Article 16);
- the right to erasure of your Personal Information in certain circumstances (Article 17);
- the right to restrict processing of your Personal Information in certain circumstances (Article 18);
- the right to data portability (Article 20);
- the right to object to processing based on our legitimate interests or for direct marketing (Article 21);
- the right not to be subject to a decision based solely on automated processing that produces legal or similarly significant effects concerning you (Article 22); and
- the right to withdraw any consent you have given at any time.
Exercising your rights
- You can exercise your privacy rights by contacting us using the details set out in clause 18. We may need to verify your identity before responding to a request, and we may decline a request where permitted by applicable law (for example, where the request is manifestly unfounded or excessive).
- We will respond to your request within the timeframes required by the Privacy Act, the GDPR and any other applicable law. There is generally no fee for exercising your rights, although we may charge a reasonable fee where permitted by law.
Children
- The Platform is not intended for, or directed at, children under the age of 16. We do not knowingly collect Personal Information from children under 16 without the consent of a parent or guardian where required by law.
- If you become aware that a child has provided Personal Information to us without the necessary consent, please contact us using the details in clause 18 and we will take reasonable steps to delete that Personal Information.
Automated decision-making and profiling
- The Platform applies algorithms to your inputs and weightings to generate property comparisons, scores and rankings. These outputs are decision-support information only and do not produce legal effects or similarly significant effects on you.
- We do not use automated decision-making, including profiling, that produces legal or similarly significant effects on you within the meaning of Article 22 of the GDPR. If we propose to do so in the future, we will update this Privacy Policy and obtain your consent or rely on another lawful basis as required by applicable law.
Marketing communications
- We may send you marketing communications about our products, services, offers and content where you have consented to receive them or where we are otherwise permitted to do so by applicable law, including the Spam Act 2003 (Cth), the GDPR and the Privacy and Electronic Communications Regulations in the United Kingdom.
- You can opt out of marketing communications at any time by clicking the “unsubscribe” link in any marketing email, adjusting your communication preferences in your Account, or contacting us using the details in clause 18. We will continue to send you transactional and service-related communications in connection with your use of the Platform.
Updates to this Privacy Policy
- We may update this Privacy Policy from time to time to reflect changes in our practices, the Platform or applicable law. The date at the top of this Privacy Policy indicates when it was last updated.
- We will notify you of any material change to this Privacy Policy by posting the updated Privacy Policy on the Platform and, where you are a Registered User, by email. Where required by applicable law, we will obtain your consent to material changes.
Complaints and how to contact us
- If you have a question, request or complaint about how we handle your Personal Information, please contact us in the first instance at support@compareyourrealestate.com or by post to our address set out in the Introduction. We will acknowledge your enquiry promptly and respond within a reasonable period.
- If you are not satisfied with our response, you may make a complaint to the relevant Supervisory Authority. In Australia, you may contact the OAIC at www.oaic.gov.au. In the United Kingdom, you may contact the Information Commissioner’s Office at www.ico.org.uk. In the EEA, you may contact the Supervisory Authority in the member state of your habitual residence, place of work or the place of the alleged infringement.
- Nothing in this Privacy Policy limits your rights to seek remedies under the Privacy Act, the GDPR or any other applicable law.