Distinct is committed to complying with the Privacy Act 1988 in relation to all personal information it collects. This commitment is demonstrated in this Policy. The Privacy Act incorporates the National Privacy Principles and, except as outlined below, personal information held by Distinct will be treated in accordance with those Principles, regardless of any exemptions which may apply under the Privacy Act.
This Policy sets out the broad controls which Distinct has adopted to govern the way it uses personal information, the circumstances in which it might disclose personal information to third parties, how persons can access their personal information held by Distinct and what they can do if they are unhappy with Distinct’s treatment of their personal information.
Who is Distinct?
In this Policy, “Distinct” refers to Distinct Property Management Pty Limited ABN 23 147 076 882, ACN 147 076 882 registered as a Company in Canberra on 28th October 2010.
This Policy applies to any persons in respect of whom Distinct currently holds, or may in the future collect, personal information.
This Policy applies to personal information. ‘Personal information’ is information or an opinion, whether true or not, regarding a person where the identity of the person is apparent or can reasonably be ascertained from the information or opinion.
In this Policy there are also references to ‘sensitive information’. ‘Sensitive information’ is information or an opinion about a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health. Sensitive information is a subset of personal information.
What information is not personal information?
Information where Distinct has removed any reference to a person and provided that the identity of the person can no longer be ascertained from the information, is not personal information.
Distinct may use this information for its own purposes and commercial gain. For example, the fact that x users aged 30-35 have accessed the Distinct website is not personal information.
How and when does Distinct collect personal information?
Distinct collects personal information in a variety of ways in the course of conducting its businesses, including:
- providing goods and services to customers;
- collecting detailed information for the completion of forms such as Tenancy Agreements;
- responding to questions regarding our products and our business;
- interacting with people via our websites; and
- conducting trade promotions and competitions.
Where reasonable and practicable, Distinct will collect personal information directly from the person and inform the person that this is being done.
However in some circumstances, it is necessary for Distinct to collect personal information through third party service providers or agents (e.g. Distinct customer information received from Government Agencies, Lessors, Lessees and Referee’s ) or from a source of publicly available information (e.g. a telephone book).
At or soon after the time when Distinct collects personal information, Distinct will take reasonable steps to ensure that the person is aware Distinct has undertaken the collection, the purpose(s) of the collection, the types of organisation (if any) to which the information may be disclosed and any law that required the particular information to be collected.
Collection of sensitive information
Distinct will not collect sensitive information without the consent of the person to whom it relates unless the collection is required by law, is necessary to prevent or lessen a serious and imminent threat to the person’s (or another person’s) life or health or is necessary in relation to legal proceedings (current, anticipated or potential).
How does Distinct use personal information?
The use to which we can put personal information depends on the reason for which it was collected.
Distinct may use personal information for its primary purpose of collection (e.g. the delivery of services to the person) or for any related secondary purpose that we could reasonably be expected to use the personal information for.
In certain circumstances, Distinct may use personal information for promotional or direct marketing purposes. However, a person may at any time request Distinct not to use their personal information for sending direct marketing material to that person. Such a request can be made by contacting Distinct either in writing, by email or by telephone at the contact details below. There is no fee for making such a request.
Disclosure of personal information
Distinct respects the privacy of personal information and we will take reasonable steps to keep it strictly confidential.
Distinct will disclose personal information to third parties if it is necessary for the primary purpose of collecting the information, or for a related secondary purpose, if the disclosure could be reasonably expected (e.g. disclosure to a delivery contractor for the purpose of delivering goods ordered from Distinct). Where such a disclosure is necessary, Distinct will require that the third party undertake to treat the personal information in accordance with the National Privacy Principles.
Otherwise, Distinct will only disclose personal information to third parties without the consent of the person to whom it relates if the disclosure is:
- necessary to protect or enforce Distinct’s legal rights or interests or to defend any claims;
- necessary to prevent or lessen a serious threat to a persons’ health or safety; or
- required by law.
Under no circumstances will Distinct sell personal information without the consent of the person to whom it relates.
Disclosure between companies in Australia
Distinct in Australia may disclose personal information to a related company in Australia, subject to the provisions of the Privacy Act. In such circumstances, the related company will only use the personal information for the same purposes that the disclosing company is authorised to use the personal information for.
Disclosure outside Australia
Distinct will not transfer personal information overseas to a third party unless:
- Distinct has the consent of the person to whom the information relates to do so;
- the receiving party provides commitments to privacy and confidentiality which are at least equal to the National Privacy Principles; or
- the receiving party is under privacy protection laws that offer at least the same level of protection as required under the Privacy Act in Australia.
Distinct will take all reasonable steps to ensure that all personal information held by Distinct is secure from any unauthorised access or disclosure. However, Distinct does not guarantee that personal information cannot be accessed by an unauthorised person (e.g. a hacker) or that unauthorised disclosures will not occur.
Distinct will take reasonable steps to destroy or permanently de-identify personal information if it is no longer needed for the purposes for which Distinct is authorised to use it.
Accessing personal information
A person may request to access personal information about them held by Distinct. Such a request must be made in writing to the address below.
Distinct will grant a person access to their personal information as soon as possible, subject to the circumstances of the request.
A request to access personal information will be rejected if:
- the request is frivolous or vexatious;
- providing access would have an unreasonable impact on the privacy of another person;
- providing access would pose a serious and imminent threat to the life or health of any person;
- providing access would prejudice Distinct’s legal rights; or
- there are other legal grounds to deny the request.
Distinct may charge a fee for reasonable costs incurred in responding to an access request. The fee (if any) will be disclosed prior to it being levied.
Correcting personal information
Distinct will take reasonable steps to ensure the accuracy and completeness of the personal information we hold. However, if a person believes that any personal information that we hold about them is inaccurate or out of date, then they should contact Distinct in writing at the address below.