Our Terms & Policies | Real Estate Services | Melbourne, VIC

Our Terms & Policies

Acceptance of Terms

By accessing and using the Websites and Services, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, please do not use our Services.

 

Use of Services

  • You agree to use the Services only for lawful purposes and in accordance with these Terms.
  • You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

 

Intellectual Property

  • All content on the Websites, including text, graphics, logos, and software, is the property of Image Property or its content suppliers and is protected by intellectual property laws.
  • You may not use, reproduce, or distribute any content from the Websites without our express written permission.

 

User Conduct

  • You agree not to use the Services to upload, post, or transmit any content that is unlawful, harmful, or infringing on the rights of others.
  • We reserve the right to remove any content that violates these Terms or is otherwise objectionable.

 

Disclaimers and Limitation of Liability

  • The Services are provided “as is” without warranties of any kind. We do not guarantee the accuracy, completeness, or usefulness of any content on the Websites.
  • To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

 

Indemnification

You agree to indemnify and hold harmless Image Property and its affiliates from any claims, damages, or expenses arising from your use of the Services or violation of these Terms.

 

Governing Law

These Terms are governed by the laws of the State of Queensland, Australia. Any disputes arising from these Terms or your use of the Services will be resolved in the courts of Queensland.

 

Changes to Terms

We reserve the right to modify these Terms at any time. Your continued use of the Services following any changes indicates your acceptance of the new Terms.

 

Contact Information

For any questions about these Terms, please contact us at [email protected] or (07) 3185 5721.

 

Effective Date

These Terms were last updated on 21st June 2024.

1. About this Privacy Policy

JD Property (Aust) Pty Ltd t/as Image Property ACN 168 541 795 and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth)) (“we”, “us”, “our”) collects, holds, uses and discloses personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

This Privacy Policy explains how we handle personal information when you use our website and digital services (collectively, the “Websites”) and when you interact with us in connection with our real estate services (the “Services”). 

2. What is “personal information” and “sensitive information”?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.

Sensitive information is a type of personal information that receives extra protection under the Privacy Act (as defined in the Privacy Act 1988 (Cth)). We only collect sensitive information where reasonably necessary and with your consent, unless permitted or required by law.

3. Kinds of personal information we collect and hold

Depending on how you interact with us, we may collect and hold personal information including:

3.1 General

  • full name, postal and residential address, email address, phone number, date of birth 
  • communications with us (emails, calls, messages and notes)
  • identification details you provide, where needed for our services (including driver’s licence, passport, proof-of-age cards, birth certificate)

3.2 Sales and leasing/property management interactions

  • inspection attendance, viewing history, preferences and feedback
  • details relevant to selling, buying, renting or managing a property (including full name, phone number, email, postal and residential address, government issued identification, proof of income, bank statements, utility bills, mortgage information, title search)
  • transaction-related records and correspondence
  • onsite interactions, including open home/inspection attendance details and related communications (including full name, phone number, email, portal and residential address)

3.3 If you apply for or rent a property

  • application details you provide (including references and supporting documents)
  • information relevant to assessing and administering a tenancy (including financial capacity, rental history, identification documents, visa/residency status, birth certificates, marriage certificates, payslips, bank statements, employment contracts, outstanding debts, loans, previous bankruptcies, tax returns)

3.4 Website and online identifiers

  • IP address, device/browser information, pages viewed, referring pages, and general website activity
  • cookie identifiers and similar technologies This information may be personal information that can reasonably identify you.

4. Employment-related information

We may collect and hold personal information about job applicants, employees and contractors including:

  • Contact information such as full name, e-mail address, current postal and residential address, phone numbers, country of residence, and name and phone number of your nominated emergency contact person
  • Employee record information
  • Identifying information such as your photo, driver licence or passport, residency details, and date of birth
  • CV, resume or application related information such as the details provided in your resume or CV, your eligibility to work in Australia, your education, previous employment details, professional memberships or trade qualifications
  • Tax, superannuation and payroll information
  • Background check information including information obtained from you or third parties, such as your name and government identification document particulars for the purpose of performing background checks
  • Information collected from referees

This information is collected for recruitment, engagement, payroll, performance management, training, workplace health and safety, IT/security purposes and to meet legal obligations. Where appropriate, we may provide additional notices at the time we collect employment-related information.

5. How we collect personal information

We collect personal information in a number of ways, including:

5.1 Directly from you

When you enquire, register, attend an inspection, apply for a property, communicate with us, or use our Websites.

5.2 Automatically via our Websites

Through cookies, analytics and similar technologies.

5.3 From third parties

Where relevant to our Services and permitted by law (for example, from landlords/owners, tenants, referees, service providers, or other parties you have authorised).

If you provide us with personal information about someone else, you confirm you are authorised to do so and have informed them of this Privacy Policy.

6. How we hold personal information 

We hold personal information in paper format at our business sites and in infrastructure owned or controlled by us or by a third party service provider. We have security measures in place regarding this infrastructure.

7. Unsolicited personal information

If we receive personal information we did not request, we will within a reasonable period after receiving the information, determine whether we could have lawfully collected it. If not, we will, as soon as practicable, take reasonable steps to destroy or de-identify it (where lawful and reasonable).

8. Why we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information to:

  • provide and administer our Services (including sales, leasing and property management)
  • respond to enquiries and communicate with you
  • arrange inspections, applications, leasing, maintenance and related services
  • manage transactions, compliance, risk, disputes and security
  • improve our Services and Websites
  • send marketing communications where permitted by law (you can opt out at any time)
  • assess candidate suitability for employment

9. Who we disclose personal information to

We may disclose personal information to:

9.1 For general business purposes

  • Directors, employees, officers and contractors of Image Property.
  • Related bodies corporate of Image Property (including related entities).
  • Property owners / landlords or property managers.

9.2 For employment/hiring purposes

  • Relevant superannuation companies.
  • Government agencies, including but not limited to the Australian Taxation Office, Centrelink and Child Support Agency.
  • Relevant Worker’s Compensation organisations (e.g.WorkCover etc).
  • Third party referees provided by you in connection with an application made to Image Property.
  • Recruitment agents used in connection with your application with us.
  • Third party parties in connection with obtaining any background checks, pre-employment screening.
  • Financial institutions for payroll purposes.

9.3 For the purposes of Service providers, who are helping us operate our business and providing our Services, including providers of:

  • property management software
  • customer relationship management (CRM) systems
  • tenancy application processing platforms
  • inspection booking and attendance management systems
  • workflow and database tools
  • telecommunications and messaging providers (including our telephony provider)
  • IT support, hosting and security providers
  • professional advisers (such as lawyers, accountants and auditors)

9.4 For the purposes of complying with legal obligations and safety disclosures

Courts, tribunals, regulators, law enforcement, or other parties where required or authorised by law or where necessary to protect rights and safety or to prevent fraud.

9.5 For the purposes of conducting business transfers

Parties involved in a business restructure, sale or transfer (including a merger, acquisition or sale of assets).

10. Overseas disclosures

We are likely to disclose personal information outside Australia. This is because some of our service providers may store or process personal information outside Australia. Where practicable, we will identify the countries where overseas recipients are likely to be located. This may include the United States and the Philippines. Where we disclose personal information overseas, we take reasonable steps to ensure the recipient handles personal information in a manner consistent with the APPs.

11. Direct marketing

Where permitted by law, we may use personal information to send marketing communications. These communications may be sent in various forms, including mail, SMS, email, telephone and social media. You can opt out at any time using the unsubscribe facility or by contacting us via the details in section 22 below.

12. Cookies and similar technologies

We use cookies and similar technologies to operate and improve our Websites, remember preferences, and understand usage. You can control cookies via your browser settings, but disabling cookies may affect functionality.

13. CCTV and call handling

We use CCTV at some locations for safety and security, incident investigation, and to help protect our staff, customers and property.

We also use a business telephony system to manage calls and communications. Where permitted by law, calls may be recorded for quality assurance, training, and dispute resolution, and we will take reasonable steps to notify you when call recording is in use.

14. Anonymity and pseudo-anonymity

To the extent practicable and reasonable, we will endeavour to provide you with the option of dealing with us on an anonymous basis or through the use of a pseudonym. However, there may be circumstances in which it is no longer practicable for us to correspond with you in this manner and your Personal Information may be required in order to provide you with our services or to resolve any issue you may have. There may also be circumstances in which we are required or authorised by or under an Australian law or court/tribunal order, to deal with individuals who have identified themselves.

15. Data security

We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, no method of online transmission or storage is completely secure.

16. Notifiable Data Breaches

If we experience an eligible data breach that is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required by law.

17. Retention and disposal

We keep personal information only for as long as necessary for our functions and activities and to meet legal and regulatory requirements. Some records must be kept for certain periods under applicable Australian laws and regulations (including in Queensland and Victoria). When personal information is no longer needed and we are not required by law to retain it, we take reasonable steps to destroy or de-identify it.

18. Access and correction

You may request access to, or correction of, personal information we hold about you by contacting us using the details at section 22 below. We will aim to respond to any request within a reasonable period after the request is made. There may be circumstances where access or correction is not permitted by law.

19. Complaints

If you have a complaint about how we handle personal information, contact us using the details at section 22 below. We will acknowledge your complaint and aim to respond within a reasonable timeframe. If you are not satisfied with our response, you may lodge a complaint with the OAIC.

20. External links

Our Websites may contain links to third-party websites. We are not responsible for the privacy practices of those sites.

21. Changes to this policy

We may update this Privacy Policy from time to time by publishing the updated version on our Websites. If we do this, we will give 14 days’ prior notice of the change via a notice on our website. If you do not agree to our continued use of your personal information due to the changes in our Privacy Policy, you may cease providing us with your personal information and advise us of this using the details provided at section 22 below. Your continued use of the Websites or Services indicates acceptance of the updated policy.

22. Contact us

Email: [email protected]

Phone: (07) 3185 5721

Image Property is committed to protecting your personal privacy. This Data Usage Policy outlines how we collect, use, and protect your information when you use our website, mobile site, and mobile application (collectively, the “Websites”) and the services provided thereon (the “Services”).

 

Information Collection and Usage

1. Personally Identifiable Information (PII)

  • We may collect PII when you use our Services. This may include your name, contact information, IP address, and other personal details.
  • We use this information to provide and improve our Services, respond to inquiries, and send you updates about our offerings.

2. Non-Personal or Aggregate Information

We may automatically collect non-PII such as IP addresses, browser types, and usage patterns. This information helps us understand how users interact with our Services and allows us to enhance user experience.

3. Cookies and Similar Technologies

  • We use cookies and similar technologies to improve your experience on our Websites. These tools help us remember your preferences and track site usage.
  • You can control cookies through your browser settings, but disabling cookies may affect your ability to use some features of our Services.

 

Information Sharing

1. With Third Parties

  • We may share your PII with third-party vendors to fulfill the purposes for which you provided the information, such as sending emails via Mailchimp or Active Pipe.
  • We do not sell or lease your PII to third parties for their marketing purposes without your explicit consent.

2. As Required by Law

We may disclose your PII as necessary to comply with legal obligations or to protect the rights, property, or safety of our users and the public.

3. Business Transfers

In the event of a merger, acquisition, or sale of assets, your PII may be transferred to the new entity.

 

Data Security

We implement reasonable security measures to protect your PII from unauthorized access. However, no online transmission can be guaranteed to be 100% secure, and you assume the risk associated with your use of our Services.

 

Your Choices

  • You can opt-out of receiving marketing emails from us by clicking the unsubscribe link in the email.
  • To update or correct your PII, please contact us at [email protected].

 

Contact Information

For questions or concerns regarding our Data Usage Policy, please contact us at [email protected] or (07) 3185 5721.

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