Privacy Policy
Last updated: 13 March 2024
1. Introduction We respect your privacy and are committed to safeguarding the personal data of our service users and website visitors. We adhere to the General Data Protection Regulation and the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
This privacy policy (“Policy”) was developed by Molonglo (Australia) Pty Ltd [ABN 16 109 342 547] and applies to all its related entities in Australia and internationally (collectively, “Molonglo”, “us” or “we”). It explains how and why we use your personal data, to ensure you remain informed and in control of your information.
For the purposes of EU/UK data protection laws, this policy applies where we are acting as a data controller with respect to the personal data of our service users and website visitors; in other words, where we determine the purposes and means of the processing of that personal data.
By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
Our website incorporates privacy controls which affect how we will process your personal data. When you share your data with us, you can specify whether you would like to receive digital marketing communications from us. If you want to edit your details at any point you can access the privacy controls for our digital communications via any emails from Molonglo, selecting the ‘Update Your Details’ or ‘Unsubscribe’ links at the bottom, or you can email us at [email protected].
2. How we use your personal data
2.1 In this Section 2 we have set out:
a) the general categories of personal data that we may process; b) the purposes for which we may process personal data; and c) where applicable, the legal bases of the processing.
2.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. We use Google Analytics to collect this data. This usage data may be processed for the purposes of analysing the use of the website and services. This data is only for internal use and will never be shared with third parties. For the purposes of EU/UK data protection laws, the legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
2.3 We may process your personal data that are provided in the course of the use of our services (“service data”). The service data may include your name, email address, telephone number and address. It may also include your budget and location preferences, financial information and further details relating to the sale or lease of a property. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. For the purposes of EU/UK data protection laws, the legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and in some cases the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.4 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. For the purposes of EU/UK data protection laws, the legal basis for this processing is consent, or legitimate interest, namely the proper administration of our website and business and in some cases the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
2.5 We may process information relating to transactions, including purchases of goods and services, that you enter into with us (“transaction data”). The transaction data may include your contact details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. For the purposes of EU/UK data protection laws, the legal basis for this processing is the performance of a contract between you and us.
2.6 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications (including Property Alerts) and/or newsletters. For the purposes of EU/UK data protection laws, the legal basis for this processing is consent or the performance of a contract between you and us.
2.7 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. For the purposes of EU/UK data protection laws, the legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
2.8 We may process information that you supply us for publication on our website (“publication data”). The publication data – including practice information and images supplied by architects, designers and companies to be featured on our website, and any content supplied for publication on our website – may be processed for the purposes of enabling such publication and administering our website and services. For the purposes of EU/UK data protection laws, the legal basis for this processing is consent or the performance of a contract between you and us.
2.9 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. For the purposes of EU/UK data protection laws, the legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
2.10 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. For the purposes of EU/UK data protection laws, the legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
2.11 In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also process your information for other purposes as authorised by you, or in accordance with your requests or instructions.
2.12 Please do not supply any other person’s personal data to us, unless we prompt you to do so.
3. Providing your personal data to others
3.1 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
3.2 We may disclose contact details to freelance viewing staff, freelance photographers and journalists insofar as reasonably necessary for the proper administration of our website and business and communications with users. For the purposes of EU/UK data protection laws, where this data may be published, for instance by journalists sourcing data for publications, the legal basis for processing would be consent.
3.3 We may disclose your personal data to related entities within our corporate group; to our business partners, agents and service providers for the purposes of enabling them to work with our business; and to any prospective purchaser of all or part of our business, and to their professional advisers.
3.4 In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject; in order to protect your vital interests or the vital interests of another natural person; or as authorised by you, or in accordance with your requests or instructions. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4. International transfers of your personal data
4.1 In this Section 4, we provide information about the circumstances in which your personal data may be transferred between different countries.
4.2 The hosting facilities for our website are situated in Australia.
4.3 Information that we collect may from time to time be stored, processed in or transferred between Molonglo’s related entities located in countries outside of Australia and may be subject to different privacy regimes. These may include, but are not limited to Australia, Greece, and the United Kingdom.
4.4 You acknowledge that personal data that you submit or approve for publication through our website or services may be available, via the internet, around the world. We will do what we can to protect this information, but we cannot prevent the use or misuse of such personal data by others.
5. Retaining and deleting personal data
5.1 This Section 5 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
5.2 We take reasonable steps to ensure that any of your personal information which we hold is accurate, complete and up-to-date. These steps include promptly updating personal information when we are advised that the information has changed and providing individuals with a simple means to update their personal information.
5.3 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
5.4 We will retain your personal data as follows:
a) All data relating to contracted property transactions, including contact details, correspondence records and all transaction details will be retained for a minimum of ten years where such processing is necessary for compliance with a legal obligation to which we are subject.
5.5 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
a) We will hold your personal data on our systems for as long as is necessary for the relevant activity, or as long as is set out in any relevant contract you hold with us. b) If you have not received or requested correspondence from us in the last five years then your information may be classed as dormant and may be deleted (excluding any information relating to transactions). c) We will hold your personal data on our newsletter or email alert list until you manually unsubscribe or request for your details to be removed.
5.6 Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
5.7 We generally store the personal information that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we also keep hard copy records of this personal information in physical storage facilities. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats.
6. Amendments
6.1 We may update this policy from time to time by publishing a new version on our website, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations.
6.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
6.3 We may notify you of changes to this policy by email if you have consented to receive our newsletter or email alerts, or have undertaken a contract with us for the completion of services.
7. Your rights
7.1 We want to ensure you remain in control of your personal data. Part of this is making sure you understand your legal rights. You may have different rights depending on the data protection laws that apply to the processing of your data. The following provisions apply to the extent these rights are applicable.
7.2 Right to request access
You may instruct us to provide you with any personal data we hold about you; provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address). There may be cases where we are unable to provide the information you request, such as where it would interfere with the privacy of others or result in a breach of confidentiality. In these cases we will let you know why we cannot comply with your request.
7.3 Right to portability
Where technically feasible, you have the right to personal data you have provided to us that we process automatically on the basis of your consent or the performance of a contract. This information will be provided in a common electronic format.
7.4 Right to erasure
You may instruct us to erase any personal data we hold about you.
7.5 Right to rectification
You may instruct us to rectify any inaccuracies in the personal data we hold about you.
7.6 Right to restriction of processing
You may instruct us at any time not to process your personal data for marketing purposes.
7.7 The scope of the obligations and rights as listed above may be subject to restriction by way of union or member state laws that apply to us as the data controller.
7.8 In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal data for marketing purposes.
7.9 If you would like further information on your rights or wish to exercise them, please email [email protected].
8. Complaints
8.1 We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal information and think we may have breached any relevant privacy obligations, please contact us using the contact details set out above. Complaints must be lodged in writing. We will deal with the matter within a reasonable time, and will keep you informed of the progress of our investigation.
8.2 If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns. In Australia, you are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC’s website: www.oaic.gov.au. In other jurisdictions, you should contact your local data protection authority.
9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal data that we store about you may be linked to the information stored in and obtained from cookies.
10. Cookies that we use
10.1 We use cookies for the following purposes:
a) analysis – we use cookies to help us to analyse the use and performance of our website and services (cookies used for this purpose are linked to 'fr', '_fbp' from Facebook and '_ga', '_gid', '_gat' from Google Analytics.
11. Cookies used by our service providers
11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.
11.3 We use Facebook Events Manager to analyse the use of our Facebook and Instagram profiles. Facebook Events Manager gathers information about users by means of cookies. The information gathered is used to create reports about the use of our Facebook and Instagram profiles. Facebook’s privacy policy is available at:
https://www.facebook.com/privacy/policy/?entry_point=data_policy_redirect&entry=0
12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
https://support.google.com/chrome/answer/95647?hl=en (Chrome); https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox); http://www.opera.com/help/tutorials/security/cookies/ (Opera); https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer); https://support.apple.com/kb/PH21411 (Safari); and https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites, including ours.