1. Overview

We understand the importance of protecting the privacy of an individual's personal information. Hamlet Diggers Pty Ltd ABN 98 181 340 392 and its related entities (hereinafter: “we”, “us”, or “our”) are strongly committed to protect the privacy of your personal information, your rights in relation to your personal information managed by us and the way we collect, hold, use and disclose your personal information.
In handling your personal information, we are required to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act) and its 13 Australian Privacy Principles.

2. Purpose

This policy (Privacy Policy) is created to explain our obligations and provide you a better understanding of how we collect, hold, use and disclose your personal information. This policy may be updated from time to time.

3. Definition

Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably be ascertained, from the information or opinion.

Sensitive Information means:

1. 1. information or an opinion about an individual’s:
   1. a) racial or ethnic origin; or
   2. b) political opinions; or
   3. c) membership of a political association; or
   4. d) religious beliefs or affiliations; or
   5. e) philosophical beliefs; or
   6. f)membership of a professional or trade association; or
   7. g) membership of a trade union; or
   8. h) sexual preferences or practices; or
   9. i) criminal record;
2. 2. that is also personal information; or
   1. a) health information about an individual; or
   2. b) genetic information about an individual that is not otherwise health information.
      
      

4. Principles and Guidelines

4.1 Collection of personal information

The type of personal information that we collect about you depends on the type of dealings you have with us. We may collect information if you:

• - are a purchaser or prospective purchaser of a property – we will collect your name, age, address, contact details (such as your phone number and email address), your buying status, details of the property that you are interested in or have agreed to purchase (such as the type, location and size of the property), what prompted you to inspect the project, how you heard about us, details of price points and house types you are interested in (e.g. one bedroom or two bedroom) and whether you are an owner-occupier or investor. If you are purchasing from us, we will also record the terms of your contract (including price), payment details, information relating to your financing arrangements (such as your bank details and how much money you are borrowing) and contact details for your authorised representatives (such as your lawyer)
• - are a supplier to us – we will collect your name and contact details, details about the goods or services you supply and payment details
• - send us an enquiry, complete an enquiry form or provide us with feedback – we may collect your name, contact details, details of your enquiry or feedback and information about our response
• - fill in a contact form at one of our sales centres – we will collect your name, age, address, contact details, details of the properties you are interested in (including price ranges), what prompted you to inspect the project, whether you are an owner occupier or investor and how your heard about us or the relevant property development
• - participate in market research conducted by us or on our behalf – we will collect your name, address, contact details and details of your responses to the research questions you answer
• - ask us to send you information about our products and services – we will collect your name, address, contact details, details of the properties you are interested in and how you heard about us or the development
• - enter into any promotions, competitions or special offers – we will collect the information you provide when submitting your entry
• - access and use our websites – we will collect information concerning your online presence and the webpages you access as provided to us
• - provide any other personal information required for our functions and activities and to enable you to deal with us

In general, we collect your personal information directly from you, through the completion of a manual or online form, an interaction or exchange in person or by way of phone, facsimile, email, post or through the use of our website, including but not limited to if you:

• - make enquiries about our products or services;
• - ask to be placed on our mailing lists;
• - complete a form;
• - use any of our various websites;
• - visit or interact on our social media pages;
• - meet with any of our staff;
• - participate in an organised event including at any of our residential estates;

In some circumstances, we collection your personal information from third parties including but not limited to:

• - builders and their housing and sales consultants
• - your representatives, such as your lawyers, builders, real estate agents and other authorised agents
• - the Land Titles Office
• - relevant State and Territory Valuers General
• - real estate agents
• - Australian Securities and Investment Commission
• - mortgage brokers and/or financial service providers

We may also collect personal information about you when conducting market research. In principle, we only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.

4.2 Use and disclose personal information

We collect, hold, use and disclose your personal information where it is reasonably necessary for the purposes of:

• - designing, engineering, constructing and delivering our developments
• - obtaining finance for our developments
• - identifying and informing you of products and services that may be of interest to you
• - providing you with information that you have requested
• - providing our products and services to you or enabling our contractors to provide products and services to you including:
  • • building and construction of residential homes;
  • • processing transactions for land and property sales;
  • • ascertaining comparable land values;
• - enabling our contractors’ subcontractors and suppliers to assist our contractors provide products and services to you
• - enabling our contractors to engage in direct marketing with you
• - complying with our legal and regulatory obligations
• - carrying out our business functions including:
• • • performing research and statistical analysis, including for customer satisfaction and service improvement purposes
  • • engaging you as a contractor or consultant
  • • handling and resolving complaints
  • • tracking when you visit our offices and display house
  • • marketing, distributing and publishing promotional materials, including via online and social media platforms
  • • managing security and safety requirements at all our sites
  • • providing, as part of our business, data to third parties
  • • protecting the security of our property, buildings, and assets

We may also collect, hold, use and disclose personal information for other purposes explained at the time of collection for:

• - which are required or authorised by law; or
• - for which you have provided your consent.

Where personal information is used or disclosed, we take reasonable steps to ensure it is relevant to the purpose for which it is to be used or disclosed.

Direct marketing

We may use or disclose your personal information to let you know about us and our products and services (including promotions, special offers and events) and the products and services of third parties (for example, in relation to house and land packages), either where we have your express or implied consent, or where we are otherwise permitted by law to do so. We may contact you for these purposes in a variety of ways, including by mail, email, SMS, telephone and facsimile.

Opting out

Where you have consented to receiving marketing communications from us, your consent will remain current until you advise us otherwise. However, you can opt out at any time, by:

• - contacting us (details are available from our website)
• - advising us if you receive a marketing call that you no longer wish to receive these calls
• - using the unsubscribe facility that we include in our electronic messages (such as emails, SMS and MMS)
  
  

Cross-border disclose of personal information

We do not currently disclose personal information to third parties located overseas. If this changes at some time in the future, we will comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information and this Privacy Policy will be amended accordingly.

Site visit information

We may record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used.

We may use and disclose this anonymous information, for purposes including statistical analysis and to assist us to improve the functionality and usability of our website. Although you are not individually identified, we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorised by law to do so.

We will only keep the information we collect about you for as long as required for the purposes set out above or as required to comply with any legal obligations to which we are subject. This will involve us regularly reviewing our files to check that information is accurate, up-to-date and still required.

4.3 Security of personal information

You should be aware that the Internet is not a secure environment. Although we will use reasonable endeavours to protect your personal information, we cannot guarantee the security of personal information that is being transferred via the Internet.

Once we have received your personal information, we will endeavour to keeping your personal information secure and confidential. All reasonable precautions will be taken to protect personal information stored by us from loss, misuse, unauthorised access or modification.

We hold personal information in a number of ways, including in electronic databases, email contact lists, and in hard copy documents held in drawers and cabinets. We will dispose of personal information where it is no longer necessary to fulfil the purposes for which the information was collected or as required by law.

Third party links

In the event that our website contains links to websites that are operated by third parties, such links are provided as a convenience to you and should not in any way be interpreted as an endorsement of any company, content or product that may be linked. Any access to a third-party website that is linked to our website is at your own risk and we have no control over and are not responsible for the accuracy, validity or ownership of any content of a linked site and the privacy practices of those linked websites.

Electronic contracts

We use electronic contracts (e-contracts) to facilitate transactions with you and to enable us to provide our products and services to you. Under this policy, you consent to us using e-contracts in your dealings with us. We handle personal information collected by e-contracts in the same way we handle all other personal information as set out in this privacy policy.

IP address

An IP (internet protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your personal information, but we do preserve the right to use IP addresses to identify individuals who may threaten our site, services or clients or if required by law. IP addresses may also be used to help diagnose problems with our website and to gather broad demographic information.

Cookies

A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we use do not identify individual users, although they may identify the user’s internet browser. We may use cookies to hold anonymous session information. This information is used to personalise your current visit to the website, for example to allow the website to remember who you are by keeping server variables linked to your session. If you prefer not to accept cookies, you can adjust your internet browser to reject cookies, or to notify you when they are being used. Please note that the functionality of our website can be limited if rejecting cookies.

4.4 Access of collected personal information

In general, you have the right to access and seek correction of your personal information that is collected and held by us subject to some exceptions permitted by law. We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected. Please be aware that we may charge a fee to cover our reasonable costs of locating the information and providing it to you.

If at any time you would like to access or seek correction of the personal information that we hold about you, or you would like more information on our approach to privacy, please contact us via details provided under heading 7 below.

5. Privacy Complaints

If you have a complaint about how we have collected, used or disclosed your personal information, please contact our Privacy Officer (details under heading 7 below).

We will endeavour at all times to treat your complaint seriously, and take any steps necessary to resolve the matter in a timely manner. In most cases, we expect to investigate written complaints and provide a response within 30 days of receipt. If the matter is more complex and our investigation may take longer, we will contact you and tell you when we expect to provide our response.

In the unlikely event the privacy issue cannot be resolved with us, you can refer your complaint to the Office of the Australian Information Commissioner (https://www.oaic.gov.au/).

6. Update of Privacy Policy

We may amend or revise this Privacy Policy periodically. The current version will be posted on our website and a copy may be obtained by contacting us.

7. Contact Details

For further information or enquiries regarding your personal information, please contact our Privacy Officer via Email: privacy@hamletdiggers.com.au

To download a copy of our privacy policy, click here.