Privacy Policy

Introduction


We are committed to protecting and maintaining privacy, accuracy and security of personal information in accordance with the Australian Privacy Principles and Privacy Act 1988 (Cth) (Privacy Act), as well as other applicable laws and codes. We ask that You read this Privacy Policy carefully as it contains important information about who We are, how and why We collect, use, share, transfer and store Your personal information, including in relation to Your access to and use of Our Site, Our App and Our Services, and how to contact Us if You have a complaint.

This Privacy Policy sets out Our policy relating to the collection, use and disclosure of Your personal information including in relation to Your access to and use of Our Site, Our App and Our Services. By using Our Site, Our App and/or Our Services, You consent to be bound by this Privacy Policy.
 

Definitions

 
In this Privacy Policy, unless the context otherwise requires:
 
“App” means the Inquyr mobile application (if any) used to provide You with Our Services;
 
“Advertisement” means an advertisement for the sale of real estate listed on Our Site and/or Our App;
 
“Buyer” means a User who accesses Our Site and/or Our App to:
  • search for and browse Advertisements; and
  • where an agreement is reached with a Seller, to buy that Seller’s property.
 
“Seller” means a User who accesses Our Site and/or Our App to:
  • list their property for sale in an Advertisement; and
  • where an agreement is reached with a Buyer, to sell their property to that Buyer;
 
“Privacy Policy” means this document;
 
“Services” means any of Our products and services (including, but not limited to, use of Our Site and Our App);
 
“Site” means Our website at www.Inquyr.com and www.Inquyr.com.au;
 
“Terms of Use” means the terms of use applicable to Our Services and Our App available at Our Site;
 
“User” means a registered user of Our Services;
 
"We”, “Us”, “Our” means Inquyr Pty Ltd ACN 628 608 355;
 
"You”, “Yourself”, “Your” means all individuals including members, customers and other persons with whose personal information We deal, and any person, business, company or organisation accessing or using Our Site and/or Our App.
 

What personal information do We collect?


We may collect information about You when You visit Our Site or use Our App and Our Services, including, but not limited to, when You access and register for Our Site, download, register for and use Our App, or when You register for one of Our mailing lists.
 
Personal information may include, but is not limited to:
  • Your contact details (including Your first, middle and last name, email address, address and mailing address, phone number and mobile phone number), Your date of birth, Your identification information (including driver’s licence, passport and visa details), profile photo, nationality, Your location data or other information reasonably relevant to Our Services;
  • Your financial information, such as Your bank account or credit card details (as required); and any other personal information You provide to Us in relation to the Services (including personal information You may provide in any Advertisement uploaded by You onto Our Site and/or Our App and any personal information provided in an interaction between Users on Our Site and/or Our App) When visiting Our Site, using Our App or accessing Our Services, We may also collect and store the following details:
    • the IP address from which You access Our Site, Our App or Services;
    • the date and time You access Our Site, Our App or Services;
    • any third party website from which You linked to Our Site, Our App or accessed Our Service;
    • statistics on page views, traffic to-and-from Our Site, Our App and Services; and
    • other transactional information about Your access to Our Site, Our App or Services.
We may utilise "cookies" which enable Us to monitor traffic patterns and to serve You more efficiently if You revisit Our Site or Our App. A cookie does not identify You personally but it does identify Your computer. You can set Your browser to notify You when You receive a cookie and this will provide You with an opportunity to either accept or reject it in each instance.
 
By accessing and using Our Site, Our App and/or Our Services, You consent to Us collecting Your personal information to provide Our Services to You.
 

Information collected from other sources


We may also obtain personal information from other sources or third parties where You have provided specific consent for Us to collect Your personal information from such other sources or third parties through Our Site or Our App.
 

How do We use personal information?


We will use Your personal information for the purpose of providing Our Services to You. In the case of Sellers, this includes, without limitation:
  • disclosing the information You have provided to Us to Buyers (including, without limitation, using your profile photo in connection with your profile on Our Site or Our App);
  • referring You to Our partners, affiliates, suppliers, contractors and consultants;
  • populating documentation relating to the sale and purchase of real estate.
In the case of Buyers, this includes, without limitation:
 
  • identifying specific Advertisements You might be interested in;
  • disclosing the information You have provided Us to Sellers (including, without limitation, using your profile photo in connection with your profile on Our Site or Our App); and
  • populating documentation relating to the sale and purchase of real estate.
In addition to using Your personal information to provide Our Services to You, Your personal information may be used:
  • to verify Your identity. We may use Your identification information (including driver’s licence, passport and visa details) and details such as nationality for that purpose;
  • to respond to Your requests, and contact You when necessary;
  • to provide You with news, information and material in relation to Our Services, including to notify You about updates to Our Site or Our App. We may use details of your nationality for this purpose;
  • to send news, information about Our Services and general promotional material which We believe may be useful to You;
  • to monitor who is accessing Our Site or using Our App and Our Services;
  • to profile the type of people using Our Site or Our App and Our Services;
  • to perform administrative and operational tasks (including risk management, systems development and testing, staff training and collecting debts);
  • to improve Our Site, Our App or Our Services;
  • to consider any concerns or complaints You may have raised;
  • to defend against any potential or actual legal claims arising from, or in connection with, any Advertisement or Our Site, Our App or Our Services; or
  • as otherwise permitted by law (such as to comply with obligations under the Privacy Act in relation to mandatory data breach notification).
Your profile picture will only be used or disclosed by Us to identify You on Our Site and Our App or as otherwise required or permitted by law.
 
We will only use or disclose government related identifiers relating to You (such as Your driver’s licence number or passport number), Your identification information and information in relation to Your nationality to the extent it is reasonably necessary for Us to verify Your identity in providing Our Services to You or as otherwise required or permitted by law. From time to time, this may include, without limitation, disclosure of such personal information to third party providers of identity verification services.
 
By accessing and using Our Site, Our App and/or Our Services, You consent to Us using Your personal information in the manner as described above in providing Our Services to You.
 

Third Party Services


Our Site and Our App may utilise services provided by, and may contain links and pointers to internet sites maintained by, third party providers (Third Party Services). From time to time, this may include, without limitation, use of identity verification services provided by third party providers.

Third Party Services are not under Our control and We are not responsible for Third Party Services (including the collection of personal information as part of Third Party Services or the suitability for Your intended use of the Third Party Services).
 
Third Party Services may also utilise cookies. You are responsible for reading, and agreeing to, any privacy policies or statements and data retention policies associated with Third Party Services (as amended from time to time).
 
With the exception of identity verification services used in Our Site and Our App, We do not endorse or recommend any Third Party Services or any associated provider organisation or their product or services. You should make Your enquiries as to the suitability of any Third Party Service.
 
You may not be able to access, or use, all or part of Our Services if You do not agree to the collection, use and disclosure of Your personal information by third party providers of identity verification services used in Our Site and Our App from time to time.
 

To whom do We disclose personal information?


If You are using Our Services as a Buyer, You agree that in order to provide You with Our Services, We will provide Your personal information to Sellers.
 
If You are using Our Services as a Seller, You agree that in order to provide You with Our Services, We will provide Your personal information to Buyers .
 
We may also provide Your personal information to:
  • Our related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth));
  • parties that You authorise Us to disclose Your personal information (including, without limitation, identity verification service providers engaged by Us from time to time);
  • Our partners, affiliates, suppliers, contractors and consultants, assisting Us in the provision of Services to You subject to them being required to protect Your personal information in the same manner that We commit to Your privacy protection under this Privacy Policy;
  • government and regulatory authorities, as required or authorised by law;
  • Our professional advisors; or
  • other third parties as permitted by law.
By accessing and using Our Site, Our App and/or Our Services, You consent to Us disclosing Your personal information (including sensitive information and health information) in the manner as described above in providing Our Services to You.
 
Third parties to whom We disclose personal information may from time to time be located overseas, including Our partners, affiliates and service providers located in New Zealand, the United States of America and Vietnam, and Sellers. You consent to any such overseas disclosure and acknowledge APP 8.1 will not apply to such disclosure.
 
We make all reasonable efforts to keep personal information which We collect and hold secure, however, We cannot, and We do not, guarantee the security of transmission of all such information over the internet.
 

Can I opt-out of providing personal information?


The provision of Your personal information is required in order to access, or use, Our Site and Our App, to enable Us to provide You with the Services or to contact You for marketing or promotional purposes.
 
If You do not wish to have Your personal information used in the manner described in this Privacy Policy, You can contact Us. However, if You do so, You may not be able to access, or use, all or part of Our Services.
 
In addition, We may still use or disclose that information if:
  • We subsequently notify You of the intended use or disclosure and You do not object to that use or disclosure;
  • We believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions;
  • to enforce Our Terms of Use;
  • to protect Our rights;
  • to protect the safety of members of the public and users of Our Site and Services; or
  • We are required by law to disclose the information.

Can I opt-out of promotional and marketing content?


You may elect to opt-out of receiving direct marketing and promotional communications by contacting Us by email or telephone at the contact details below, or by any other simple means to opt-out We provide You. However, some of Our Services may include a direct marketing and promotional communications feature as part of the Service which cannot be removed and as such You may not be able to access or use some of Our Site, Our App or Our Services if You elect to opt-out of all direct promotional and marketing communications.
 

Data security, storage and retention


We will take reasonable steps to protect all personal information which We hold from misuse, loss and from unauthorised access, modification or disclosure.
You should be aware that, when using Our Site, Our App or Our Services, no data transmission over the Internet can be guaranteed as completely secure. We do not warrant the security of any information You transmit to Us over the internet and You do so at Your own risk.
We will continue to store and hold Your personal information indefinitely, until such time as We no longer need it for any purpose for which the information may be used or disclosed under this Privacy Policy or under applicable privacy or data protection laws or (if earlier, and subject to the next paragraph) a reasonable time after You ask Us to delete it.
We will destroy, delete or de-identify Your personal information within a reasonable time after the end of the period mentioned in the previous paragraph, unless We are required to retain it by law.
 

Access to, and correction of, Your personal information


We encourage You to update Us regularly with Your personal information to ensure We hold information about You that is up-to-date, accurate and complete. You may make a request for access to or correction of any personal information about You that We hold. We may request You to verify Your identity before processing Your request.
A fee will not apply to making a request for access or update Your personal information. A fee may apply and be charged for providing the information to You. The fee covers the cost to Us in collating, copying and providing certain information to You. We will only charge this fee where it is lawful for Us to do so.
In some circumstances, We may refuse to provide You with access to or correct Your personal information including, but not limited to, where:
  • giving access would have an unreasonable impact on the privacy of others;
  • the information relates to existing or anticipated legal proceedings and the information would not be discoverable in those proceedings;
  • giving access would be unlawful;
  • denying access is otherwise required or authorised by law; or
  • the request for access is frivolous or vexatious.
If We refuse to provide You with access to or correct Your personal information, We will provide You with an explanation in writing. In some circumstances where We correct a record, We may still require the retention of the original record.
 

Contact Us


If You have any queries relating to this Privacy Policy, You wish to access or correct or make an inquiry regarding any personal information relating to You which may be in Our possession, You have a query regarding Our privacy practices, You have a complaint in relation to a breach of the Australian Privacy Principles, or to request a printed copy of this Privacy Policy, please contact Our Privacy Officer at:
  • postal address: Level 2, 58 Lorimer Street, Docklands VIC 3008;
  • telephone: +61 (03) 9002 5160 ; or
  • e-mail: support@Inquyr.com
We ask that any complaint should be made in writing to Us in the initial instance. We will then respond to Your complaint in writing and in accordance with any timeframes required by law. We may request that You provide further information about Your complaint so that We can duly assess Your complaint. If for any reason You do not wish to complain to Us initially or if We are unable to resolve Your complaint to Your satisfaction, a complaint may also be made to the Office of the Australian Information Commissioner.
 

Changes to this Privacy Policy


We reserve the right to change, modify or update this Privacy Policy at any time, without liability to You, by publication on Our Site, on Our App or through Our Services (as applicable). You will be bound by the changes immediately upon notification or publication, unless otherwise set out in this Privacy Policy or the notice.
This Privacy Policy was last updated on 4 July 2019.