Privacy Policy
1.0 Introduction
Victton Pty Ltd ACN 601 079 172 (VPG) is subject to the Privacy Act 1988 (the Privacy Act). VPG is part of a group of companies, and any personal information collected, held and used by VPG may be disclosed to any company (and its respective staff and directors) within the group of companies, which includes but is not limited to the following companies: Virgate Development (Mont Albert) Pty Ltd ACN 607 305 448, Virgate Development (Coventry Street) Pty Ltd ACN 660 255 612.
The Australian Privacy Principles (APPs) set out the way organisations such as VPG can collect, use, disclose and provide access to personal and sensitive information. Pursuant to this Privacy Policy, personal information will be handled in accordance with this Privacy Policy, the APPs and any applicable laws, regulations and codes.
Personal information is any information that identifies or could identify a person, whether it is true or not. It includes, for example, the name of an individual, the age, gender and contact details of an individual. VPG collects your contact details in order to contact you in relation to the proposed property development located at 85 Coventry Street Southbank. Personal information can also include more sensitive information, such as information about an individual’s workplace history or health record.
VPG reserves the right to amend this Privacy Policy at any time by posting the amended terms on the website. If VPG make material changes to this Privacy Policy, we will notify individuals by means of an email notice so that individuals can access and review the changes. By continuing to use VPG’s services after notice of changes has been sent, or published on our Website, individuals will be deemed to have consented to the changes.
2.0 VPG and what we do
VPG is part of a group of real estate development companies, which as part of its business invites members of the public to register interest in prospective property developments. In this instance, VPG seeks registration of interest in a proposed property development located at 85 Coventry Street Southbank.
VPG is committed to the protection of an individual’s privacy. This Privacy Policy sets out how VPG handles personal and sensitive information and ensures we manage an individual’s personal and sensitive information consistently with the APPs.
This Privacy Policy applies to all directors, staff and agents of VPG, including our related entities referred to above (and the directors and staff of those related entities), and covers all personal information information collected, held used and disclosed by VPG. This Privacy Policy sets out the processes to be followed by VPG staff in the event that VPG experiences a data breach or suspects that a data breach has occurred. A data breach involves the loss of, unauthorised access to, or unauthorised disclosure of, personal information.
VPG is committed to managing personal information in accordance with the Privacy Act, the APPs and this Privacy Policy.
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB Act) established a Notifiable Data Breaches (NDB) scheme requiring organisations covered by the Privacy Act to notify any individuals likely to be at risk of serious harm by a data breach. The Office of the Australian Information Commissioner (OAIC) must also be notified.
Accordingly, VPG needs to be prepared to act quickly in the event of a data breach (or suspected breach), and determine whether it is likely to result in serious harm and whether it constitutes an NDB.
3.0 Consideration of privacy information
3.1 Open and transparent management of personal information
VPG is committed to complying with the APPs. All information collected will be freely accessible by its staff and directors. All information collected will also conform to Clause 5 of this Privacy Policy set out below under the heading; Collection of personal information.
4.0 Collection of personal information
4.1 Collection of solicited personal information
VPG collects personal information only if an individual has consented to the information being collected, if the information is reasonably necessary for one or more of our functions or activities or if one of the other exceptions applies under the APPs, and lawfully and fairly and not in an unreasonably intrusive way. VPG’s principal purpose in collecting, using and storing personal information is for the registration of interest via its website in the prospective property development located at 85 Coventry Street Southbank and contacting those who have registered their interest. For example, VPG maintains subscription lists and VPG may use this information or the data collected for direct email communications specific to the VPG’s services to individuals.
VPG will collect information including name and contact details (address, email, phone number, postcode).
VPG will only collect information that is reasonably necessary for, or directly related to, one of more of VPGs functions and lawfully and fairly and not in an unreasonably intrusive way. VPG may collect information in different ways, including:
- electronically, via email or website
- phone calls
- organised meetings, events or conferences
- mailing lists
- direct personal contact
VPG will always collect personal information directly from an individual unless it is unreasonable or impractical for the VPG to do so.
A failure to provide consent or permission, or a withdrawal of consent, deletion or restriction on VPG’s use of personal information VPG holds will impact the provision of services to an individual. In these circumstances, VPG may also restrict the amount of services available to an individual.
4.2 Dealing with unsolicited personal information
If VPG receives personal information about an individual that was not requested and the information was not by the means set out above, VPG will destroy or de-identify the information (i.e. any information that could reasonably identify an individual is removed) as soon as practicable. This will apply except where the information is required by law or a court/tribunal order to retain the information.
4.3 Notification of the collection of personal information
When VPG collects personal information the information will be held in Australia and with VPG using cloud based software (including PropertyBase, Salesforce, OneDrive).
VPG will provide:
- details of how individuals can access information
- why VPG is collecting the information
- the main consequences (if any) for an individual who does not provide all or part of the information VPG has requested
- the organisations or types of organisations to which VPG would normally pass on personal information, such as government agencies
- access to an individual’s personal information in order to make corrections and an explanation as to how such changes can be made
- information about how an individual can complain if any individual considers that VPG may have breached the APPs and how VPG will handle that complaint, and
- information to an individual about disclosing personal information to overseas parties and if so, the countries in which those parties are located.
4.4 Clickstream data
VPG may also collect non-personal information about an individual when accessing our website, such as details of their computer, network, and browser. More specifically, information collected may include the individual’s server address, operating system, search terms used, and pages accessed. This information is used for statistical purposes only to help administer and improve VPG’s website. The information is not used to personally identify an individual.
4.5 Cookies
Cookies are pieces of information that a website can transfer to an individual’s computer when accessing information on that site. Cookies can make websites easier to use by storing information about an individual’s preferences on a particular website. This information remains on the individual’s computer after they close their browser. Some pages on VPG’s website may use cookies to collect anonymous traffic data. This data does not collect personal information.
4.6 Non-personal information
Where non-personal information is collected the APPs do not apply.
5.0 Dealing with personal information
5.1 Use or disclosure of personal information
VPG will only use personal information for purposes which are directly related to the reason provided to an individual and where an individual would reasonably expect VPG to use the information.
VPG will not use personal information for another purpose unless an individual has given consent or one of the exceptions under the Privacy Act applies. For example, if the use of information is authorised by Australian law or is necessary for law enforcement by an enforcement body, such as the Australian Federal Police.
When an individual provides VPG with their personal information through the registration of interest process, VPG obtains the consent of the individual to disclose the information for the purposes identified in the form.
VPG will only disclose personal and sensitive information for purposes which are directly related to the reason provided to the individual with the personal information in the first place and where an individual would reasonably expect us to disclose the information.
VPG will take all reasonable steps to ensure personal details remain confidential at all times. All external parties (such as contractors) who receive any personal information must sign a confidentiality agreement that requires them to comply with the Privacy Act and our Privacy Policy.
VPG does not currently disclose personal information to overseas parties. If personal information is transferred overseas, we will comply with obligations under the APPs.
5.2 Direct marketing and information materials
From time to time, VPG may send out information materials for the purposes of its business. If an individual does not wish to receive these communications they can contact VPG to unsubscribe (see contact details below). Personal information may also be used by VPG to provide an individual with details of services and events where permitted by the Privacy Act or where an individual has consented to the use or disclosure of personal information for direct communications and promotional materials.
Any direct communication or promotional material will include a statement advising that an individual may request not to receive further material by contacting VPG using the details provided.
Even if an individual unsubscribes, if the individual is a member of VPG they will continue to receive important information about VPG and its operation.
The Spam Act 2003 prohibits sending unsolicited commercial emails, SMS and MMS messages for commercial purposes. Examples of unsolicited communications are ones that do not directly relate to a service an individual may have previously signed up with or agreed to with us.
All of our electronic communications include an unsubscribe facility.
5.3 Cross border disclosure of personal information
VPG does not normally deal with overseas entities and therefore this principle does not necessarily apply. Should VPG deal with overseas entities in the future it will take all necessary steps to comply with the Privacy Act that covers this principle.
5.4 Adoption, use or disclosure of government related identifiers
This principle is not applicable to the VPG.
6.0 Integrity of personal information
6.1 Quality of personal information
VPG will take reasonable steps to ensure all personal information collected, used or disclosed is accurate, up-to-date, complete, relevant, and not misleading. If any personal information is considered by an individual not to be accurate, complete and up-to-date, the individual is invited to request correction of the information by contacting the Privacy Officer (details below).
VPG will correct any personal information that it believes to be incorrect, out-of-date, incomplete, irrelevant or misleading. This includes taking reasonable steps to notify any organisation or government agency to which information was disclosed about the correction. An individual may request access or correct personal information at any time by contacting the VPG. VPG will provide access to the information unless one of the exceptions under the Privacy Act applies. For example, if providing access would be unlawful or denying access is authorised by law.
If a request to access or correct personal information is made, VPG will respond within a reasonable time (usually within 30 days).
6.2 Security of personal information
VPG will take appropriate steps to protect personal and sensitive information from breaches, misuse, interference, unauthorised access, modification, loss or disclosure. This includes during storage, collection, processing, transfer and destruction of the information.
Information is held and stored at VPG’s office where access is controlled. Employees of VPG, contracted third parties and other parties to whom we disclose your information sign a confidentiality agreement that requires them to comply with the Privacy Act and our Privacy Policy.
VPG will take steps to ensure the security of the organisation’s website. The VPG website server host, CRM, complies with the Privacy Act and the APPs and uses a variety of secure techniques to protect personal information.
When VPG no longer requires personal information for any purpose it will take reasonable steps to destroy the information. This will apply except where the information is part of a Commonwealth record, or we are required by law or a court/tribunal order to retain the information.
7.0 Correction of personal information
7.1 Correction
VPG will seek to correct any personal information if it is inaccurate, out-of-date, incomplete, irrelevant, or misleading or if requested VPG will amend any information that is incorrect. VPG will advise the individual as soon as practicable of the corrections.
VPG is committed to the protection of an individual’s privacy. If any individual has questions or concerns about how VPG is handling personal information, or would like to lodge a complaint, or would like further information about the Privacy Policy, please submit a written query or complaint to VPG’s Privacy Officer.
Our Privacy Officer will assess complaints and liaise with the individual to resolve any issues within a reasonable time (usually within 30 days). If any individual is unhappy with the outcome, a complaint may be lodged with the OAIC who can order the payment of compensation by VPG in certain circumstances.
8.0 Our Contact Details
8.1 If you have any questions about this Privacy Policy or the issues raised in it, please contact us by e-mail as follows: reception@virgate.com.au