The Herron Todd White Group (Herron Todd White, we, us, and our) value your privacy.
We appreciate that you have trusted us with your Personal Information and we are committed to honouring your trust through appropriate management of your personal data.
This policy explains how we collect, store, use and disclose Personal Information and what steps we take to comply with Privacy Laws. It also explains how you can access and correct Personal Information we hold about you, and how you can make a complaint about our handling of your Personal Information.
The Herron Todd White Group includes:
- Herron Todd White (Australia) Pty Ltd
- Herron Todd White (Consolidated) Pty Ltd
- Herron Todd White (Brisbane) Pty Ltd
- Herron Todd White Plant and equipment (Brisbane) Pty Ltd
- Herron Todd White (RQ) Pty Ltd
- Herron Todd White (Darling Downs) Pty Ltd
- Herron Todd White (Gold Coast & NSW Far North Coast) Pty Ltd
- Herron Todd White (NSW & ACT) Pty Ltd
- Herron Todd White (Nat Operations) Pty Ltd
- Herron Todd White (SERA) Pty Ltd
- Herron Todd White (South Australia) Pty Ltd
- Herron Todd White (Sunshine Coast) Pty Ltd
- Herron Todd White (Vic/Tas) Pty Ltd
- Herron Todd White (WANT) Pty Ltd; and
- any other company which may become a shareholder of Herron Todd White (Australia) Pty Ltd or Herron Todd White (Consolidated) Pty Ltd or operates with the agreement or consent of Herron Todd White (Australia) Pty Ltd or Herron Todd White (Consolidated) Pty Ltd under the Herron Todd White name and brand.
A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
WHAT IS PERSONAL INFORMATION AND WHY DO WE COLLECT IT?
‘Personal Information’ is any information or opinion about an identified individual or an individual who can be reasonably identified from that information. The information or opinion is Personal Information whether it is true or not and regardless of whether we have kept a record of it.
Herron Todd White only collects, holds, uses, and discloses Personal Information about you, as necessary for our business functions, to provide our services to you, or where we reasonably consider that you would expect us to use or disclose that information for another purpose. If we do not collect Personal Information, it can be difficult, or not possible, for us to conduct certain business functions or provide our services to you. Personal Information that we collect includes:
- Contact information such as: names, addresses, email addresses, other contact details.
- Employment application data such as: employment history, qualifications and certifications, references provided by you.
We take reasonable steps to explain how we intend to use your Personal Information when we collect it from you. Sometimes it is not possible to notify you of how we intend to use your Personal Information at the time of collection. This may occur if information is provided by someone other than yourself, or through communication channels other than forms on our website. In these circumstances, we will take reasonable steps to notify you of our intended use of that information as quickly as possible.
From time to time, we may use your Personal Information to provide you with information about the state of the market and any other services from us that you might be interested in. You can let us know, at any time, that you do not wish to receive such information by using the unsubscribe function in our email communications. If you do this, we will stop sending you this type of material.
“Sensitive information” is a special category of Personal Information and includes health information and information about an individual’s race or ethnic origin, political opinion, membership of a political association, professional or trade association, religious or philosophical beliefs, sexual preferences or practices, or criminal history.
While it is rare for us to collect and handle Sensitive Information, we do, on occasion, collect some forms of Sensitive Information. This may include:
- conducting a national police check as part of our employment processes as some criminal convictions may prevent a person from being able to perform the inherent requirements of a job being applied for, or may give rise or reason to reject an application in order to meet our duty to ensure the safe conduct of our business;
- information about race or ethnic origin where that information is relevant to the Herron Todd White Group’s Reconciliation Action Plan; and
- in other circumstances where it is considered reasonably necessary for us to collect such information to perform our functions or provide our services.
We will only collect and handle the Sensitive Information referred to above with your consent, or where required or authorised by law or by order of a court or tribunal. You
You The Herron Todd White Group acknowledges your right to freedom from discrimination within relevant Australian legislation.
You Herron Todd White does not collect information about a person’s political opinion, membership of a political association, professional or trade association, religious or philosophical beliefs, sexual preferences or practices.
HOW DO WE COLLECT PERSONAL INFORMATION?
We generally collect Personal Information directly from you but sometimes Personal Information is provided to us, with your instructing authority.
For example, we will collect Personal Information:
- via forms on our website;
- via personal interviews with you;
- from a third party such as an instructing financial institution;
- via local, state or federal authorities or other publicly available sources; and
- via instructions received from you by letter or email.
DEALING WITH UNSOLICITED PERSONAL INFORMATION
If we receive Personal Information about you from someone other than you, or someone you have authorised to provide that information to us, or you provide us with information which we have not requested, we will determine, within a reasonable time, if that information is permitted to be collected by us pursuant to the APPs.
If we determine that the information is unsolicited information and therefore could not have been collected by us pursuant to the APPs then, acting lawfully and reasonably, we will destroy or permanently de-identify that information.
STORAGE OF INFORMATION AND TECHNOLOGY SECURITY PRACTICES
Personal Information collected by us is generally stored on our cloud based computing system.
To the extent that Personal Information may be contained within other documents, such as contracts or reports, that information may also be stored on:
- paper files; and
- document retention services. This may include storage on our behalf by third party Service Providers.
We take reasonable precautions to safeguard Personal Information from loss, misuse, unauthorised access, modification or disclosure as follows:
- External and internal premises security;
- Auditing and monitoring of computer systems;
- Restricted access to Personal Information;
- Confidentiality agreements with contractors and third parties; and
- Maintaining technology products to prevent unauthorised computer access.
If Herron Todd White no longer requires your Personal Information, we will take reasonable steps, in the circumstances, to destroy or permanently de-identify that information.
A cookie is a small text file on your hard disk that stores information. The information stored in the cookie includes your preferences and choices you make while visiting our website.
DEALING WITH US ANONYMOUSLY OR USING AN ALIAS
We will generally need to know who you are in order to provide you with our services. However, in some circumstances, you are entitled to deal with us anonymously or by using a pseudonym (alias) if it is not impracticable to deal with you in that way; for example, when you are making general enquiries about services we offer. You may receive a better service, in some circumstances, if you tell us who you are; for example, if you have made a complaint about our services, we may be able to deal better with the complaint if we know who you are and know the circumstances of your complaint. We may not be able to provide services to you where you choose to remain anonymous or use an alias.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
Herron Todd White uses third party service providers to provide services to support our business (Service Providers). These Service Providers may perform services, or assist us to provide services to you. In order to provide these services to us, our Service Providers may be required to access and handle your Personal Information on our behalf, or by using their own service providers. Examples of Service Providers who assist us to provide services to you include: local, state and federal authorities; financial institutions and real estate agents. Service Providers who may be engaged to handle your Personal Information on our behalf include: IT services; cloud based computing systems; workforce management software services; and website analytics services. These Service Providers may be based in Australia, or in countries outside of Australia meaning that Personal Information may be stored in countries including New Zealand, the EU, India, Philippines and the United States of America.
Herron Todd White uses MailChimp as a data processor. MailChimp provides online tools that can be used to create, send, and manage emails. MailChimp may collect personal information, such as distribution lists which contain email addresses, and other information relating to those email addresses. For further information about the type of personal information MailChimp collects, refer to the MailChimp’s Global Privacy Statement.
Herron Todd White only use MailChimp to:
- Create, send and manage emails relating to Herron Todd White;
- Measure email campaign performance.
MailChimp may transfer this information to third parties where required to do so by law, or where such third parties process the information on MailChimp’s behalf.
MailChimp may transfer and process data to and in the United States and anywhere else in the world where MailChimp, its Affiliates or its Sub-processors maintain data processing operations. MailChimp must at all times ensure that such transfers are made as permitted by Herron Todd White and in compliance with the requirements of the Australian Privacy Law.
We are required to inform you that by subscribing to the Herron Todd White Monthly Property Report:
- You understand and acknowledge that this service utilises a MailChimp platform, which is located in the United States of America (USA) and relevant legislation of the USA may apply.
- Australian Privacy Principle 8.1 contained in Schedule 1 of the Privacy Act will not apply.
Amongst other certifications, MailChimp holds an ISO 27001 Certification.
SENDING PERSONAL INFORMATION OVERSEAS
Sometimes, Herron Todd White may send data, including Personal Information, overseas, including to:
- Herron Todd White Group employees located outside of Australia;
- Service providers or third parties who store data or operate outside Australia;
- Organisations we partner with to provide services;
- Comply with laws and help government law enforcement agencies.
Before Herron Todd White discloses Personal Information to an overseas recipient, we take reasonable steps to ensure that the overseas recipient will not breach the APPs in relation to the information. In these circumstances, we will generally remain accountable for any acts or practices of the overseas recipient in relation to the Personal Information that would breach the APPs.
ACCESSING YOUR PERSONAL INFORMATION
We take reasonable steps to ensure that your Personal Information is accurate, complete and up-to-date.
You may request access to your Personal Information held by us; such as your name and address details and contact telephone numbers.
If you make a request for more detailed Personal Information; for example, access to information held in archives; you may incur a fee to cover the cost of retrieval and the supply of this information to you.
All requests for access to Personal Information will be handled as quickly as possible and we will endeavour to process any request for access within 30 days of having received the request. Some requests for access may take longer than 30 days to process depending upon the nature of the Personal Information being sought.
Herron Todd White may be required by law to retain Personal Information for a period of time after you have ceased your relationship with us.
Access may be refused in a number of circumstances such as:
- where the information may relate to existing or anticipated legal proceedings;
- where required or authorised by law; and
- where the request is regarded as frivolous or vexatious.
If access is denied, we will explain why.
CORRECTING OF YOUR PERSONAL INFORMATION
You are entitled to request that we correct information that you believe is inaccurate, out of date, incomplete, irrelevant or misleading.
We will take reasonable steps to correct the information. If we do not correct the information, you can ask us to include, with that information, a statement from you claiming the information is not correct.
If your request is denied, we will explain why.
WITHDRAWAL OF CONSENT
If we require your consent to process your personal information, we acknowledge your right to withdraw that consent at any time. You may do so by contacting us via the details below. If you withdraw your consent we may not be able to provide certain products or services to you. This right to withdraw applies when the lawful basis of processing the information is consent.
DELETION OF YOUR PERSONAL INFORMATION
You may ask us to delete your personal information if there is no need for us to keep it. You can make this request verbally or in writing. There may be legal or other reasons why we may need to keep your personal information. If so, we will explain why.
AMENDMENTS TO THIS POLICY
Herron Todd White regularly reviews all of its policies and procedures to keep up-to-date with changes in the law, technology and market practice. This statement replaces all previous Herron Todd White Privacy Policies.
HOW TO MAKE A COMPLAINT
We are committed to resolving any complaint you may have. Complaints can be received in writing, via email, or by phone and must be directed to us via our contact details in the first instance.
If you believe that we have not fulfilled our obligations under the Privacy Act or you do not agree with a decision that we have made in relation to accessing or updating your Personal Information, you can make a complaint to us using the contact details below.
Once we have received your complaint we will be in contact with you within 48 hours to inform you as to who will be assisting you, their contact details and the expected resolution date of your issue. If the issue is more complicated, then we may need additional information from you to resolve the complaint. We will keep you updated as to the progress of the complaint.
If, after making a complaint directly to us, you are unhappy with our response, please direct your concerns to the Office of the Australian Information Commissioner (OAIC):
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 1042
Phone: 1300 363 992
Contact us via our website
In writing at:
Chief Executive Officer
Herron Todd White Australia
PO Box 61
Chermside South QLD 4032
By email at:
By phone at: