Marprop Privacy Policy
Updated: 27th April 2022
Marprop Real Estate Investors
TERMS AND CONDITIONS
1 About Us
1.1 This is the Privacy Policy of Marprop Pty Ltd ABN 74 109 771700 and other members of the Marprop Group (Marprop, we and us) are committed to protecting and maintaining your privacy. We are bound by, and committed to supporting, the Privacy Act 1988 (Cth) (Privacy Act) and its application through the Australian Privacy Principles (APP’s). In certain cases, we may also be bound by international privacy laws.[1]
1.2 This Privacy Policy details how Marprop handles personal information that it collects in the course of performing its functions and activities.
1.3 Marprop is an Australian real estate investment group whose activities include:
1.3.1 Direct property portfolio – Marprop owns, develops, manages and trades Australian properties; and
1.3.2 Funds management – Marprop transacts, develops, and manages Australian properties
2 The Purposes for Which We Collect, Hold, use and Disclose Personal Information
2.1 For Marprop to provide its services, we may need to collect and use your personal information. If you provide incomplete or inaccurate information or withhold personal information from us. We may not be able to provide you with the services you are seeking.
2.2 We may disclose your personal information to entities located overseas or domestically for one or more of the purposes set out below. We take reasonable steps to ensure that the overseas or domestically recipients of your personal information do not breach the APP’s relating to your personal information; or we seek your consent if the GDPR regime is applicable.
2.3 The purposes for which Marprop uses personal information depends on the dealings you may have with us, and these purposes may differ for investors, tenants, visitors, customers service providers, job applicants and through use of our services.
2.4 Investors
2.4.1 We are required by law to collect information to identify and verify you. We therefore may make enquiries as to your identity(ies) and other personal details as required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 )(Cth).
2.4.2 Other than as required by law, we will only use your personal information for the purpose of providing you with our investment products and services. In managing your investment for you, we will use your personal information to:
2.4.2.1 assess your application and provide our products and services to you;
2.4.2.2 communicate with you in relation to your investment;
2.4.2.3 monitor, audit, evaluate and otherwise administer our products and services;
2.4.2.4 Provide continuous service to you and to conduct business processing functions including by providing personal information to our related bodies corporate, contractors, service providers or other third parties;
2.4.2.5 Assist with the administrative, marketing, planning, product or service development, quality control or the research purposes of us and our contractors and service providers; and
2.4.2.6 Assist with the management of our information security and network controls to prevent cyber attacks, unauthorised access and other criminal activity.
2.5 Tenant’s and prospective tenants
2.5.1 Marprop may collect personal information from tenants and guarantors, and representatives of corporate tenants, during negotiations for, and during the terms of, leases for its properties.
2.5.2 Marprop may use the collected information for considering and evaluating prospective and current leases and agreements, including current and future related relationships.
2.6 Service providers
2.6.1 Marprop may collect your personal information from its service and/or goods providers that you, or a company you work for, for the provision and purpose associated for the provision of goods or services to Marprop.
2.7 Job Application
2.7.1 Marprop may collect personal information of job applicants for the purpose of assessing and (if successful) engaging applicants. Unsuccessful applications information may be retained for possible future recruitment. Inform Marprop’s Privacy Officer as detailed below, if you do not wish for Marprop to retain your personal information.
2.8 External Websites
2.8.1 Our website may contain references or links to other external websites. Those references or links may in turn refer or link to other references or links. We, our directors, officers, employees or agents are not responsible to you or any person for any breach of the APP’s or damage that may occur from any privacy policies or practices or content of websites to which we provide external links.
2.9 Direct marketing
2.9.1 We may also send you direct marketing communications and information about our products and services that we expect may be of interest to you. These communications may be sent in various forms, including, but not limited to, mail, SMS and email. You consent to us sending you those direct marketing communications by any of those methods. At any time, you may opt-out of receiving marketing communications from us by contacting us (see contact details below) or by using the opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from the relevant mailing list.
2.9.2 Please note that, if we are currently providing you with services or products, we will still need to send you essential information about your account, the relevant services or products and other information required by law.
3 Where Are We Likely to Disclose Personal Information to External Parties or Overseas Recipients?
3.1.1 Personal information may be disclosed to external parties including the following:
3.1.2 as this policy allows or with your other express or implied consent;
3.1.2.1 agents, contractors, or external service providers appointed by us (such as administrators, auditors or other professional advisers);
3.1.2.2 your personal representative, attorney or agent – (but only with your written consent);
3.1.2.3 a government or regulatory body (such as ATO, AUSTRAC, ASIC or a law enforcement agency);
3.1.2.4 financial institutions and other similar organisations that we deal with in the course of our corporate activities, or those that are nominated by you;
3.1.2.5 external service providers and professional advisers that provide services to us including electronic identification services;
3.1.2.6 in order to comply with a court order or in conjunction with court proceedings;
3.1.3 to joint account holders;
3.1.4 to companies within our group;
3.1.5 to individuals who help our business to run;
3.1.6 where the APP‘s authorise use or disclosure where required or authorised under law, in circumstances relating to public health and safety or in connection with a regulatory matter by or on behalf of a government agency or enforcement body;
3.1.7 We will only use or disclose personal information we collect about you for the purpose of which it was disclosed to us, or related purposes which would reasonably be expected, without your permission, or as permitted by the APP’s. We take reasonable steps to ensure that third party organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.
3.1.8 We will not sell your personal information to other organisations.
3.1.9 In most circumstances, you have the right to access any personal information we collect and hold about you. The Privacy Act does have some exceptions to your right to access. If we refuse you access to your personal information, we will provide you with an explanation for that refusal.
3.1.10 Let us know you have any concerns about our use of your personal information.
4 Personal Information
4.1 We may collect can include the following types of personal information:
4.1.1 Name, gender and date of birth;
4.1.2 Email address, mailing or street address and other Contact details;
4.1.3 Information to verify your identity such as your driver’s licence number;
4.1.4 Bank account details;
4.1.5 Tax file number; and
4.1.6 Any other specific or unique individual information.
4.2 We are required to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). We are authorised to collect tax file numbers under tax laws and the Privacy Act.
4.3 Keeping Your Personal Information Accurate and Up To Date
4.3.1 We take all reasonable steps to ensure that all personal information we hold is as accurate as possible and rely on you advising us if your details have changed.
4.3.2 Marprop requests that you contact the Compliance Officer to ask for details to be corrected if you consider the information we have about you is inaccurate or incomplete, or to provide us with information about changes to your personal information.
5 Keeping Your Personal Information and Security
5.1.1 We may hold your personal information in either electronic or hard copy (paper) form. We retain your personal information in our computer systems and databases, and in our physical files.
5.1.2 We invest considerable resources to keep your personal information secure from misuse, loss, interference, unauthorised access, modification or disclosure. Access to and the use of personal information is regulated to prevent misuse or unlawful disclosure of the information. We use security procedures such as encryption, firewalls, intrusion detection and anti-virus technology to prevent unauthorised access. We also use valid log-in identification and password-based security to achieve electronic information security.
5.1.3 We retain information for so long as may be necessary to respond to issues that may arise at a later date, and longer in appropriate cases where required by law. When personal information is no longer required by us, it is destroyed or de-identified.
6 Accessing Personal Information Held by Marprop
6.1 Under the Privacy Act, you have the right to obtain a copy of any personal information which we hold about you and to advise us of any inaccuracies.
6.2 To make a request, you will need to write to the Compliance Officer verifying your identity and specifying what information you require. We will aim to respond to your request within seven (7) days. If the information sought after is extensive, we may charge a fee to cover cost.
6.3 In normal circumstances Marprop will give you full access to your information. However, there may be times where some legal reason requires us to deny access, such as where granting access would interfere with the privacy of others or it would result in a breach of confidentiality. If access is denied, we will give you written reasons for any refusal.
6.4 We aim to ensure that the personal information held about you is accurate, complete and up -to-date. You should contact us as soon as possible if any of your details change. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
7 General Data Protection Regulation (GDPR)
7.1 In the circumstance that the GDPR regime is applicable you may have the following rights as a data subject:
7.1.1 The right to be informed on how your personal information is processed, collected and used. If we require and have sought your consent to use your personal information, you may withdraw your consent at any time. Upon withdrawal of your consent, we may not be able to proceed with a transaction, service or product. You may withdraw your consent in circumstances where we have sought your consent on a legal basis.
7.1.2 The right for information to be provided where your personal data is collected from, if appliable;
7.1.3 The right to access your personal information that we hold;
7.1.4 The right to reification if any of the personal information that you hold in inaccurate or incomplete.
7.1.5 The right to request for us to erase any personal information that we hold if there is no need for us to retain it. Any such requests must be made in writing.
7.1.6 The right to request is to restrict our use of your personal information, within some circumstances.
7.1.7 The right to request, in some circumstances, for the personal information that you have provided us to be given to you in a readable format;
7.1.8 The right to object, in some circumstances, to us processing your personal information;
7.1.9 The right to make a complaint against us to a regulator.
The above rights may be restricted if necessary and proportionate measures need to be undertaken in a democratic society to safeguard.
8 Complaints and Questions
8.1.1 If you wish to complain about any breach or potential breach of this privacy policy or the Australian Privacy Principles, your complaint should be directed to our Compliance Officer. We will endeavour to resolve any complaints to your satisfaction. However, if we are unable to satisfactorily resolve your concerns you can contact the Office of the Privacy Commissioner who may investigate your complaint further.
[1] For matters involving the processing of personal data for in the European Union (EU) and the United Kingdom (UK), the General Data Protection Regulation (GDPR) regulates the processing of personal information. The GDPR assists to protect information relating to individuals in the EU and UK to harmonise data protection laws through their Member States. Your personal information that we collect, use, disclose and process is regulated by the GDPR if we offer you a product or service; or monitor and collect information about you whilst you are located in the EU or UK.
Attention:
The Compliance Officer
Marprop Real Estate Investors
L12, 88 Phillip St, Sydney NSW 2000
compliance@marprop.com.au