Privacy Policy

1. About this Privacy Policy

Torres Property Agents Pty Ltd trading as Torres Property (Torres Property, we, us or our) respects your privacy and is committed to protecting the personal information we collect and hold.

We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) and handle personal information in accordance with our obligations under applicable privacy laws.

This Privacy Policy explains:

• the kinds of personal information we collect and hold;
• how we collect, use, disclose and store personal information;
• the purposes for which we handle personal information;
• how we protect personal information;
• circumstances in which information may be disclosed to third parties or overseas recipients;
• how you may access or correct personal information we hold about you; and
• how you may make a privacy complaint.

This Policy applies to personal information collected through our website, property transactions, property management activities, marketing activities, applications, enquiries, telephone calls, email, SMS, social media, face-to-face dealings and other interactions with Torres Property.

2. What is personal information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true and whether or not it is recorded in a material form.

Sensitive information is a category of personal information that includes information about matters such as an individual's racial or ethnic origin, political opinions, religious beliefs, sexual orientation, criminal record, health information and certain biometric information.

We do not generally seek to collect sensitive information unless it is reasonably necessary for our functions or activities, you have consented to its collection where required, or collection is otherwise permitted or required by law.

3. What personal information do we collect?

The personal information we collect depends on your dealings with us and may include:

• your name, address, email address and telephone number;
• date of birth and identity information;
• information required to verify your identity;
• property ownership and property-related information;
• details about properties you are selling, purchasing, leasing or seeking to lease;
• financial information relevant to a property transaction or tenancy, including employment, income and banking information where required;
• information contained in offers, contracts, authorities, tenancy documents and other transaction documents;
• rental history and tenancy-related information;
• information regarding landlords, tenants, prospective tenants, buyers, sellers and prospective clients;
• details of partners, household members, occupants or other persons where relevant to a transaction or tenancy;
• correspondence and communications with us;
• records of enquiries, property inspections, open homes, appraisals, offers and transactions;
• preferences regarding properties or services;
• marketing and communication preferences;
• photographs, video, audio or other media where reasonably necessary for our activities;
• information submitted through our website, online forms, property portals, social media or other digital platforms;
• information obtained through our customer relationship management systems and property management systems;
• device, browser, IP address, website usage and similar technical information;
• information relating to complaints, disputes or legal matters; and
• any other personal information reasonably necessary for our business activities.

In some circumstances, we may be required or authorised by law to collect particular information.

If you do not provide information that we reasonably require, we may be unable to provide particular services, process an application, manage a property, complete a transaction or otherwise deal with your request.

4. How we collect personal information

Where reasonable and practicable, we collect personal information directly from you.

We may collect information when you:

• contact or correspond with us;
• request an appraisal;
• make a property enquiry;
• attend or register for an open home or property inspection;
• make an offer to purchase or lease a property;
• engage us to sell or manage a property;
• apply for a tenancy;
• enter into a contract, appointment or other agreement;
• complete a form or provide documents to us;
• subscribe to marketing or property updates;
• enter a competition, promotion or survey;
• communicate with our employees, agents or contractors;
• visit our website or interact with our digital services; or
• interact with us through social media, property portals or third-party platforms.

We may also collect personal information from third parties where permitted by law, including:

• sellers, buyers, landlords and tenants;
• prospective sellers, buyers, landlords and tenants;
• family members, representatives or authorised persons;
• solicitors, conveyancers, accountants and financial advisers;
• mortgage brokers and financial institutions;
• previous landlords or property managers;
• referees and employers;
• tenancy databases and screening providers;
• tradespeople and contractors;
• government departments, statutory authorities and regulators;
• property information and title services;
• publicly available sources;
• real estate portals and technology platforms;
• referral partners; and
• service providers engaged in connection with our business.

If we receive personal information that we did not solicit, we will deal with that information in accordance with applicable privacy law.

5. Remaining anonymous or using a pseudonym

Where practicable and lawful, you may interact with us anonymously or using a pseudonym.

However, this will not always be possible. For example, we will generally need to know your identity when dealing with property transactions, contracts, tenancy applications, trust money, identity verification, legal obligations or government authorities.

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

We may collect, hold, use and disclose personal information for purposes including:

• selling and marketing property;
• assisting buyers to purchase property;
• providing property management services;
• assisting landlords and tenants;
• processing tenancy applications;
• arranging and conducting inspections and open homes;
• communicating regarding properties, transactions and services;
• preparing and administering contracts, appointments and other documents;
• facilitating property settlements and transactions;
• administering deposits, trust money, rental payments and bonds;
• coordinating repairs, maintenance and property services;
• conducting appraisals and market assessments;
• providing market information and property updates;
• maintaining records of our dealings and communications;
• administering and improving our customer relationship management systems;
• managing our relationships with clients, prospective clients and other contacts;
• managing complaints and disputes;
• complying with legal, regulatory, professional and insurance requirements;
• detecting, preventing or investigating fraud, security incidents or unlawful activity;
• operating, securing, maintaining and improving our website, systems and services;
• training, quality assurance and business administration;
• analysing and improving our services and business operations;
• marketing Torres Property, our properties and our services;
• communicating opportunities, listings, market information and services that may be of interest to you;
• conducting research, analytics and business planning; and
• any other purpose permitted by law or to which you have consented.

We may also use personal information for a secondary purpose where you would reasonably expect us to do so and the secondary purpose is related to the purpose for which the information was collected, or where otherwise permitted by law.

7. Who we may disclose personal information to

Depending on the circumstances, we may disclose personal information to:

• buyers, sellers, landlords, tenants and prospective parties to a property transaction;
• solicitors, conveyancers and other professional advisers;
• financial institutions, mortgage brokers and financial advisers;
• insurers and insurance brokers;
• tradespeople, contractors and property service providers;
• photographers, videographers, floor-plan providers and property marketing providers;
• auctioneers;
• utility connection and service providers;
• tenancy screening and tenancy database providers;
• the Residential Tenancies Authority and other statutory bodies;
• Titles Queensland and other property or land registry services;
• government agencies, regulators, courts, tribunals, law enforcement agencies and other authorities;
• real estate portals and property advertising websites;
• real estate industry service providers;
• technology, telecommunications and software providers;
• CRM and property management system providers;
• cloud hosting, data storage and IT service providers;
• website, analytics and digital service providers;
• email, SMS, communications and marketing platforms;
• advertising and social media platforms;
• payment processors, banks and financial service providers;
• printing, mailing and distribution providers;
• external consultants, accountants, auditors and legal advisers;
• contractors and service providers assisting us with our operations;
• related entities or businesses where lawful and appropriate;
• prospective purchasers, investors or advisers in connection with a proposed sale, restructure or acquisition of all or part of our business; and
• any other person where you have authorised us to disclose the information or where disclosure is authorised or required by law.

We seek to limit disclosures to information reasonably necessary for the relevant purpose.

Third-party organisations may handle personal information in accordance with their own privacy policies and legal obligations.

8. Real estate platforms and third-party technology

We use a range of technology and digital platforms to conduct our business.

This may include customer relationship management systems, property management systems, real estate portals, electronic signing platforms, communication systems, marketing platforms, cloud services, document management systems and other technology providers.

Personal information entered into or transferred through these systems may be stored or processed by the relevant provider.

Where appropriate, we take reasonable steps in selecting and managing service providers and in protecting the information provided to them.

Some third-party platforms operate independently of Torres Property. Their handling of personal information may also be governed by their own privacy policies.

9. Website, cookies and digital technologies

When you visit our website or interact with our digital services, information may be collected automatically.

This may include:

• your IP address;
• browser and device type;
• operating system;
• pages viewed;
• links selected;
• dates and times of visits;
• referring websites;
• approximate location derived from your IP address; and
• other information relating to your interaction with our website.

Our website and service providers may use cookies, pixels, tags and similar technologies to:

• operate and secure the website;
• remember preferences;
• understand how visitors use our website;
• measure website performance;
• improve our services;
• measure advertising effectiveness; and
• provide or support relevant advertising.

You can generally control cookies through your browser settings. Disabling some cookies may affect the functionality of the website.

We may use third-party analytics, advertising and social media services. Those providers may collect information directly from your browser or device and may handle that information in accordance with their own privacy policies.

10. Direct marketing

We may use personal information to communicate with you about properties, market updates, services, events or other information that we reasonably believe may be relevant to you, where permitted by law.

Marketing communications may be sent by methods including email, SMS, telephone, post, online advertising or social media.

We comply with applicable direct marketing requirements, including the Privacy Act, Spam Act 2003 (Cth) and other applicable communications laws.

Where required, electronic commercial messages will contain a means for you to unsubscribe.

You can ask us at any time not to send you direct marketing communications by:

• using the unsubscribe facility included in the communication;
• replying STOP where that functionality is provided; or
• contacting us using the details at the end of this Policy.

We will process opt-out requests within the period required by applicable law.

Stopping marketing communications will not necessarily prevent us from communicating with you where the communication is necessary for a transaction, property management matter, contractual relationship, legal requirement or service you have requested.

11. Overseas disclosure and access

Some of our contractors and service providers may operate from, store information in, or permit access to information from locations outside Australia.

Torres Property currently uses offshore virtual assistants located in the Philippines. Accordingly, personal information may be accessed from or disclosed to recipients located in the Philippines where reasonably necessary for our business operations.

We also use Australian-based service providers and systems.

Where the Australian Privacy Principles require us to do so, we take reasonable steps in the circumstances to ensure that overseas recipients handle personal information in a manner consistent with applicable Australian privacy requirements.

Some global cloud, software and technology providers we use may also store or process information through infrastructure located in other jurisdictions from time to time.

12. Artificial intelligence and automated technologies

We may use software, artificial intelligence and automated technologies to assist with administrative, communication, analytical, marketing, workflow and business-support activities.

These technologies may assist our team to organise information, prepare communications, analyse information, manage enquiries or improve business processes.

We remain responsible for our handling of personal information when using these technologies.

As at the date of this Policy, Torres Property does not knowingly arrange for a computer program to use personal information to make decisions, without appropriate human involvement, that could reasonably be expected to significantly affect an individual's rights or interests.

If our practices change so that the automated decision-making transparency requirements under the Privacy Act apply to us, we will update this Privacy Policy to describe the kinds of personal information used and the kinds of relevant decisions made or assisted by those systems as required by law.

13. Security of personal information

We take reasonable steps to protect personal information we hold from misuse, interference, loss and unauthorised access, modification or disclosure.

Measures may include, as appropriate:

• access controls and authentication measures;
• restricting access according to roles and business requirements;
• security measures applying to our systems, devices and networks;
• confidentiality obligations;
• staff training and internal procedures;
• physical security measures;
• secure systems and service providers;
• monitoring, maintenance and updating of technology systems;
• data backup and recovery processes; and
• procedures for responding to suspected privacy and security incidents.

No method of electronic transmission or storage is completely secure. While we take reasonable steps to protect information, we cannot guarantee absolute security.

You should also take appropriate precautions when communicating personal information electronically.

14. Data breaches

We maintain processes for responding to suspected privacy and data security incidents.

If we become aware of a suspected data breach involving personal information, we will assess and respond to the incident in accordance with our legal obligations.

Where an eligible data breach occurs under the Notifiable Data Breaches scheme, we will notify affected individuals and the Office of the Australian Information Commissioner where required by law.

15. Retention and destruction

We retain personal information for as long as reasonably necessary for the purposes for which it was collected or as required for our legal, regulatory, accounting, insurance, dispute-resolution and business obligations.

Retention periods may vary depending on the nature of the information and the purpose for which it is held.

Where personal information is no longer required for any lawful purpose, we take reasonable steps to destroy it or ensure that it is de-identified, subject to any legal requirements or permitted exceptions.

Information may remain in secure backup or archival systems for a period before being deleted through normal system processes.

16. Accuracy and correction

We take reasonable steps to ensure that personal information we collect, use and disclose is accurate, up to date, complete and relevant, having regard to the purpose for which it is being handled.

If you believe information we hold about you is inaccurate, incomplete, out of date, irrelevant or misleading, please contact us.

We will consider requests for correction in accordance with the Privacy Act.

17. Access to your personal information

You may request access to personal information we hold about you.

We may need to verify your identity before providing access.

We will respond to requests within a reasonable period and will generally provide access in the manner requested where it is reasonable and practicable to do so.

In some circumstances permitted by law, we may refuse access or provide only partial access. If we refuse a request, we will generally provide written reasons for the refusal and information about available complaint mechanisms, unless it would be unreasonable or unlawful to do so.

We do not charge an application fee for requesting access. Where permitted by law, we may charge reasonable costs associated with providing access, such as substantial retrieval, copying or reproduction costs. We will advise you beforehand if a charge is proposed.

18. Links to other websites

Our website may contain links to third-party websites or services.

Torres Property is not responsible for the privacy practices of third-party websites or services. We recommend reviewing the privacy policies of those organisations before providing personal information to them.

19. Privacy complaints

If you believe we have breached your privacy or have not complied with our obligations under applicable privacy law, please contact us using the details below.

Please provide enough information for us to understand and investigate your complaint.

We will acknowledge your complaint and seek to investigate and respond within a reasonable period. Complex matters may require additional time, in which case we will keep you informed.

If you are not satisfied with our response, you may be entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC).

Information about privacy complaints is available from the OAIC.

Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Website: www.oaic.gov.au

20. Privacy notices at the point of collection

In some circumstances, we may provide you with a separate privacy collection notice when we collect personal information.

A collection notice may contain more specific information about the circumstances of a particular collection, the purposes for which information is collected and the parties to whom it may be disclosed.

A collection notice should be read together with this Privacy Policy.

21. Changes to this Privacy Policy

We may update this Privacy Policy from time to time to reflect changes to our business practices, technology, services or legal obligations.

The current version will be published on our website together with the date on which it was last updated.

We will review this Policy periodically and following material changes to our information-handling practices or applicable privacy laws.

22. Contact us

For questions about this Privacy Policy, to request access to or correction of personal information, to opt out of direct marketing, or to make a privacy complaint, please contact:

Privacy Officer
Torres Property Agents Pty Ltd trading as Torres Property
1129 Stanley Street East
Coorparoo QLD 4151

Telephone: 07 3843 2938
Email: info@torresproperty.com.au