DISCLAIMER / TERMS OF USE

Australia Privacy Statement

INTRODUCTION

CBRE Residential Agency Pty Ltd and its related companies (collectively referred to as “CBRE”, “us” or “we”) respect the privacy and security of your Personal Information, as defined below, and comply with the requirements of the Australian Privacy Principles (“APP”) under the Privacy Act 1988 (Cth) (“the Act”).

This Privacy Policy explains in general terms how CBRE handles your Personal Information. However, it does not apply to CBRE’s employee records to the extent they are handled by any of our companies that is or was the employer of that employee in relation to the employee's current or former employment. Such employee records are generally exempt from the Act and will be dealt with as permitted by law.

You may be able to deal with us without identifying yourself (i.e. anonymously or by using a pseudonym) in certain circumstances. If you wish to do so, please contact us to find out if this is practicable in your circumstances. However, if you do not provide us with the Personal Information we have requested, we may not be able to complete or fulfill the purpose for which we collect the information, including providing our services.

By visiting our websites, using any of our services or otherwise providing us with your Personal Information (or authorising it to be provided to us by someone else), you agree to your Personal Information being collected and handled as set out in this Privacy Policy.

WHAT PERSONAL INFORMATION DO WE COLLECT AND HOLD?

Under the Act Personal Information is defined as information or an opinion about an identified individual, or an individual that is reasonably identifiable, in whatever form and regardless of whether it is true or not (‘Personal Information’). The Act also defines a subset of Personal Information as sensitive information (for example health records, racial or ethnic origin, religious beliefs, criminal records).

The types of Personal Information we collect and hold will depend on the circumstances of collection and on the type of service we are providing. For example, when we are engaged to sell a property, we may collect and hold Personal Information from both the seller and potential buyers such as name, address, email address, telephone numbers, employment details and details about their business.

We may also collect and hold certain sensitive information that is reasonably necessary for the provision of our services, including health and criminal records. If you provide us with any sensitive information, you consent to us collecting that information and handling it in accordance with this Privacy Policy.

HOW WE COLLECT PERSONAL INFORMATION

We may collect Personal Information about you directly when you deal with us over the telephone, send us correspondence (whether by letter, fax or email), have contact with us in person, visit our websites or complete hard copy or online forms.

There are also circumstances where we may collect Personal Information about you from someone else. For example, from:

market research companies contracted by us to obtain information so that we may improve and market our services;
your employer;
other agents and valuers who may be involved in the services we provide;
property developers who contract us to market properties;
publicly available information and databases;
any of the companies within the CBRE group (both local and overseas); and
anyone you have authorised to deal with us on your behalf.

We also automatically collect certain information when you visit our websites or our subscribers receive promotional emails from us via cookies and other tracking technology (such as web beacons), some of which may be capable of personally identifying you. Such information includes the type of browser and operating system you are using, your IP address and how you use our websites.

Depending on the type of service you or our customers have requested, we may also seek to collect information about someone else from you (for example, contact details of your solicitor, emergency contact person or tenant). However, you must not provide us with Personal Information about another person unless you have clear consent from that person to do so, told them that their Personal Information will be handled in accordance with this Privacy Policy and directed them to where they can find it.

Regardless of how it is collected, we handle Personal Information in accordance with this Privacy Policy.

WHY WE COLLECT, HOLD AND USE PERSONAL INFORMATION

We generally collect, hold and use your Personal Information for the purposes for which it is provided to us (which will usually be obvious at the time of collection), related purposes or as permitted or required by law. Such purposes may include:

Acting as agent for vendors or purchasers in relation to the sale of a property;
Acting as agent for owners or tenants in relation to the leasing and or valuation of a property;
Project management services;
Structured advisory services;
Town planning services;
Capital allowances services and other consulting services in relation to the property market;
Administration of our business, such as collection of overdue commissions or outstanding fees;
Responding to client enquiries and communicating with you from time to time to maintain contact and keep you updated on the services you have requested;
Forecasting future needs of our services and general quality assurance and training purposes;
Engaging in legal proceedings and/or enforcing judgments and/or orders;
Complying with the applicable legal or regulatory requirements and/or orders of competent authorities;
Providing you with promotional and marketing information, including market research reports, newsletters, event invitations and/or property market information relating to our products and services which we think may be of interest to you; and
Any other purpose identified at the time of collecting your Personal Information.

We generally use information automatically collected by cookies and other tracking technology to identify you as a valid user, ensure that no one else can sign on simultaneously with your account from another computer and help us serve you better based on your registration preferences. We may also use cookies to help us facilitate any promotions or surveys that we provide. Third parties whose products or services are accessible on our websites may also use cookies, and we advise you to check their privacy policies for information about their cookies and other privacy practices.

DISCLOSURE OF PERSONAL INFORMATION

We may disclose your Personal Information to third parties as may be necessary for any of the purposes stated in the above section. Such third parties generally include:

our third party providers, contractors, consultants, agents and/or representatives (such as law firms, banks, financial institutions, insurers, IT providers, mortgage referral services providers and/or wealth management services providers) who provide services to us or on our behalf, including to:

Conduct valuations;
Assist with obtaining payment from creditors;
Operate data centres;
Conduct market research;
Provide advice;
Potential buyers, tenants, conjunctional real estate agents and brokers for the purpose for which the information was collected or for related purposes (for example to complete a transaction on your behalf or provide you with a service that you requested);
Anyone you have authorised to deal with us on your behalf;
Any of the companies within the CBRE group and their related companies;
Government authorities, regulatory bodies, law enforcement agencies, courts, tribunals and/or parties to the legal proceedings where you have consented to this or we are required or authorised to do so by law;
Debt collection agencies; and/or
Any other third parties identified at the time of collection of your Personal Information.

DISCLOSURE OF PERSONAL INFORMATION OVERSEAS

Some of the third parties listed above to whom we may disclose your Personal Information are located overseas. For example:

our information technology and business process service providers that are located in countries including (but not limited to) the United States, United Kingdom, Spain, the Netherlands, India and Hong Kong; and
our overseas clients that are located in the same countries as the companies within the CBRE group.

Our contracts with these parties generally include an obligation for them to comply with Australian privacy law and this Privacy Policy.

However you acknowledge that, by agreeing to the disclosure of your Personal Information to these entities outside of Australia, we will no longer be required to take reasonable steps to ensure the overseas recipient's compliance with the Australian privacy law in relation to your Personal Information and we will not be liable to you for any breach of the Australian privacy law by these overseas recipients. On this basis, you consent to such disclosure.

ACCESS, UPDATE AND CORRECTION OF PERSONAL INFORMATION

We take reasonable steps to ensure that the Personal Information we hold about you is accurate, complete and up-to-date. However, we also rely on you to advise us of any changes to your Personal Information. If you are able to access your Personal Information by logging on to an account you have with us, it is your responsibility to ensure your information is accurate, complete, relevant and up-to-date.

On request we will provide you with access to the Personal Information we hold about you, including for the purpose of correcting or updating that information, unless otherwise required or permitted by law.

There is no charge for making the request or giving the access to your Personal Information. We will deal with your request within a reasonable period after the request is made.

If we refuse to provide you with access we will provide you with a written notice that, at a minimum, outlines reasons for the refusal and the complaints mechanisms available to you.

If you wish to access the Personal Information we hold about you or to update or correct it, you can either do so by logging on to your account (if you have one) or contact us using the contact details provided below. We will require you to verify your identity and specify what information you require.

SECURITY OF PERSONAL INFORMATION

We take reasonable steps to protect any Personal Information that we hold from misuse, interference and loss and from unauthorised access, alteration and disclosure. For example, we implement IT security procedures including password protection, firewalls and site monitoring and we store your Personal Information on a secure server.

However, data protection measures are never completely secure and, despite the measures we have put in place, we cannot guarantee the security of your Personal Information. You must take care to protect your Personal Information (for example, by protecting any usernames and passwords). You should notify us as soon as possible if you become aware of any security breaches.

DIRECT MARKETING

When you register as a member on our websites, you will be given a choice as to whether you want to receive e-mail messages from us, including newsletters, announcements and e-mail communications about our latest news, products or services. To the extent the relevant local law requires us to seek your consent, we will only send such messages to you if you opt-in.

If you do not wish to receive direct marketing calls or materials, you may use the unsubscribe facility in the marketing communication or contact our Chief Privacy Officer using the channels prescribed below. Further, as a registered member with us, you can modify your choice at any time by accessing your registered account with us. We will stop using your Personal Information for direct marketing if you so request.

PRIVACY ON OUR WEBSITES

Our websites may contain links to the websites of other entities. If you click on such links, you will be transferred to the websites of these entities. We have no control over, and are not responsible for, the privacy practices of these entities. You should read the privacy policy of these entities to find out how they handle your Personal Information when you visit their websites.

WHAT IF YOU HAVE A COMPLAINT?

If you wish to make a complaint about a breach of this Privacy Policy or the Australian Privacy Principles of the Act you can contact us using the contact details below. You will need to provide us with sufficient details regarding your complaint together with any supporting evidence.

Our Chief Privacy Officer will investigate the issue and determine the steps that we will undertake to resolve your complaint. We will contact you if we require any additional information from you and will notify you in writing of the outcome of the investigation.

If you are not satisfied with our determination, you can contact us to discuss your concerns or contact the Australian Privacy Commissioner via www.oaic.gov.au.

PRIVACY & SITE CHANGES

CBRE Residential Agency Pty Ltd may update this Privacy Policy from time to time so please review it periodically for changes. If the changes are significant or substantive, they will either be advised to you in writing or posted on our websites at www.cbreresidentialagency.com.au.

Your continued use of our websites or services, requesting our assistance or the provision of further Personal Information to us (directly or via an authorised person) after this Privacy Policy has been revised, indicates your acceptance of the revised Privacy Policy.

OUR CONTACT DETAILS

If you have a query relating to this Privacy Policy or wish to make a complaint, please contact us using the following contact details:
CBRE Pty Limited
Chief Privacy Officer
Level 21
363 George St
Sydney NSW 2000

MORE INFORMATION

For more information about the Privacy Act in Australia and protecting your privacy, visit the (external link) website below:

http://www.privacy.gov.au/

Privacy Policy

DISCLAIMER

This information has been obtained from sources believed reliable. We have not verified it and make no guarantee, warranty or representation about it. Any projections, opinions, assumptions or estimates used are for example only and do not represent the current or future performance of the property. You and your advisors should conduct a careful, independent investigation of the property to determine to your satisfaction the suitability of the property for your needs.

TERMS OF USE

PLEASE READ CAREFULLY

This CBRE Residential Agency Terms of Use agreement (this "agreement") is a legal agreement between you and CBRE Residential Agency ("CBRE", "we", "us" or "our") providing, among other things, the terms and conditions for your use of our web site accessible at www.cbreresidentialagency.com.au
We may from time to time modify these Terms of Use and will post a copy of the amended agreement online.

If you do not agree to, or cannot comply with, the agreement as amended, you should not use the site. You will be deemed to have accepted the agreement as amended if you continue to use the site after any amendments are posted on the site. We reserve the right to refuse to provide our products and services to anyone at any time. This agreement contains warranty and liability disclaimers. By using this site, you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. If you do not agree to the Terms of Use contained in this agreement, you are not authorised to use the site. You may be denied access to the site, with or without prior notice to you if you do not comply with any provision of this agreement.

1. AUTHORISED USERS

1.1 Age requirement; authority. In order to use the site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this site.

1.2 Registration. We reserve the right to restrict certain areas of information on this site to our approved registered users. In the event that any area of the site requires you to register with us prior to our granting you access to such areas of the site, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the "account information"). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. CBRE Residential Agency will use your account information in accordance with its privacy policy, as described further in section 6 of this agreement. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorised use of your member name, password or account. CBRE Residential Agency will not be responsible for any losses arising out of the unauthorised use of your account and you agree to indemnify and hold harmless CBRE Residential Agency, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorised or illegal uses of your account.

2. LICENSE TO USE THE SITE

2.1 Grant of license. CBRE Residential Agency grants to you a limited, non-exclusive, non-transferable license to access and use the site in accordance with the terms and conditions set forth in this agreement. CBRE Residential Agency reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the site not specifically permitted under this agreement is strictly prohibited.

2.2 Restrictions. You agree that you will not: (i) use the site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without CBRE express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on this site; or (iii) use our site in any way that violates the terms of this agreement. The site is owned by CBRE Residential Agency and is protected by united states copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.

3. OTHER RESTRICTIONS

You agree that you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through the site; (c) send chain letters or pyramid schemes via the site; or (d) attempt to gain unauthorised access to other computer systems through the site. You agree that you will not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party''s use and enjoyment of the site.

4. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

4.1 As between you and CBRE Residential Agency, you acknowledge that CBRE owns or has a license to all title and copyrights in and to the content provided on this site. All title and intellectual property rights in and to any licensed content provided on this site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

4.2 Photos herein are the property of their respective owners and use of these images without the express written consent of the owner is prohibited.

5. TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of CBRE Residential Agency: CBRE and its design logo, as well as certain other CBRE trademarks, service marks, graphics, and logos (collectively, the "CBRE trademarks") used in connection with CBRE's provision of products and services. The site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the CBRE trademarks or the trademarks of any third party.

6. PRIVACY POLICY

Unless otherwise addressed in this agreement, your use of this site is subject to CBRE Residential Agency's privacy policy, which is incorporated by reference and made a part of this agreement. It is important that you read and understand the terms of CBRE''s privacy policy. CBRE may cooperate with and disclose information (including your account information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of this site.

7. SUBMISSIONS OR OTHER INFORMATION

If you submit to us or post on the site any property listing, testimonial, comment, review, suggestion or any work of authorship (collectively a "submission") including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, reproduce, publish, distribute, display, translate, summarise, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

8. TERM

This agreement will remain effective until terminated by you or terminated by us.

9. DISCLAIMERS

9.1 The site (including all of its content) is provided to you "as is." Any use of this site is at your own risk. To the maximum extent permitted by applicable law, CBRE disclaims all warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CBRE makes no representations, warranties or guarantees that this site will be free from loss, destruction, damage, corruption, attack, viruses, interference, hacking, or other security intrusion, and CBRE disclaims any liability relating thereto.

9.2 CBRE makes no representations, warranties or guarantees that use or results of the use of the site (including all of its content) is or will be accurate, reliable, current, uninterrupted or without errors. Without prior notice, CBRE may modify, suspend, or discontinue any aspect or feature of this site or your use of this site. If CBRE elects to modify, suspend, or discontinue the site, it will not be liable to you or any third party.

9.3 All property listing information contained within this site is subject to the possibility of errors, omissions, change of price, rental or other conditions, prior sale, lease or financing, or withdrawal without notice. Any projections, opinions, assumptions or estimates contained within this site are for example only, and such projections, opinions, assumptions or estimates may not represent current or future performance of a listed property. You and your tax and legal advisors should conduct your own investigation of any property listed on this site and any contemplated transaction concerning any property listed on this site.

9.4 You acknowledge that your submission of any information to us is at your own risk. CBRE does not assume any liability to you with regard to any loss or liability relating to such information in any way.

9.5 Some of the content, products, and services available through the CBRE site may include materials that belong to third parties. You acknowledge that CBRE assumes no responsibility for such content, products or services.

10. LIMITATION OF LIABILITY

In no event will CBRE be liable to you for indirect, general, special, incidental, consequential, exemplary or other damages (including, without limitation, damages for loss of profits, business interruption, corruption of files, loss of business information or any other pecuniary loss) even if CBRE has been advised of the possibility of such damages. No oral or written information or advice given by CBRE or others will create a warranty and neither you nor any third party may rely on any such information or advice. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.

11. INDEMNITY

You will indemnify and hold CBRE, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the site.

12. GENERAL

12.1 You will be responsible for providing the dial-up, dsl, cable modem or other form of internet access and any other hardware and software necessary to access and use the site.

12.2 CBRE complies with all applicable laws, including, but not limited to, privacy laws and individual state laws with respect to the sale or lease of real property. You agree that you will comply with all such laws applicable to you.

12.3 CBRE or its business partners may present advertisements or promotional materials on or through the site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that CBRE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the site.

12.4 If you know of, or suspect, copyright infringement, please send a notice to CBRE; c/o Web Marketing Director;2415 E. Camelback Rd., Phoenix, AZ 85016. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.

12.5 This agreement will be governed by the laws of the state of California. The exclusive jurisdiction for any claim, action or dispute with CBRE or relating in any way to your use of the site will be in the state and federal courts of the state of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the county of Los Angeles, California.

12.6 CBRE may send notices to you with respect to your use of the site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the site when you access your account. You agree that we may provide notice to you through such means.
Unless otherwise stated in the notices, the notices will become effective immediately.

12.7 General contact information. For questions regarding this site or your use of this site, please email us.

You acknowledge that you have read this agreement, understand it and will be bound by its terms and conditions. You further acknowledge that this agreement represents the complete and exclusive statement of the agreement between us and that it supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.