Privacy Policy

Last updated: 2019-06-13 13:24:38
  1. Scope and Consent

    1. This Privacy Policy describes how Homes.com.au Pty Limited ACN 625 496 139, an Australian company (“Homes”), collects, uses, stores, shares and protects your personal information.
    2. This Privacy Policy applies to the Homes.com.au website and all related websites, applications, services and tools regardless of how you access or use them.
    3. Homes has a commitment to protect your personal information and to honour our privacy obligations regardless of where your personal information is collected, processed or stored.
    4. “Personal information” is information that can be associated with a specific person and can be used to identify that person. Personal information does not include information that has been made anonymous or that has been aggregated so that it cannot be used to identify a specific person, whether in combination with other information or otherwise.
    5. By using Homes.com.au and its related websites, browsers, applications, services and/or registering for an account with Homes, you expressly consent to our collection, use, disclosure and retention of your personal information as described in this Privacy Policy and in our Terms and Conditions and User Agreement.
    6. We may amend this Privacy Policy at any time by posting the amended terms on this site. All amended terms take effect 30 days after they are posted on the site. We may also notify you via email of any material changes to this Privacy Policy.
    7. This Privacy Policy is effective on 7 June 2019.
  2. Collection

    1. You will not reveal any personal information about yourself when you browse our websites.
    2. If you register an account with us, you give us your personal information.
    3. When you register an account with us and provide us with personal information, you consent to the transfer and storage of that information on our servers and third party servers located in the Australia and elsewhere in the world where our facilities are located.
    4. We collect information sent to us by your computer, mobile phone or other access device when you visit our websites or use our browsers, applications and services. The information sent to us includes your computer IP address, device identifiers, the type of operating system and browser you are using, any referrer URL, your location, mobile network information, standard web log data, data on the pages you access and other information. Web log data includes the browser type you are using and traffic to and from our site. This information is associated with you personally if you are a registered user.
    5. We collect the following types of personal information in order to provide you with the use and access to our websites, our browsers, applications and services and for the additional purposes set out in this Privacy Policy:
      • email address, phone number, mobile telephone number, physical contact information, and depending on the service used financial information;
      • additional personal information we ask you to submit to authenticate yourself or your entitlement to particular benefits
      • additional personal information we ask you to submit if we believe you are breaching the Terms and Conditions and User Agreement or this Privacy Policy;
      • transactional information based on your activities on the sites;
      • personal information you provide to us through member information pages, correspondence, chats, community discussions, dispute resolution, or shared by you from other social applications, services or websites;
      • other supplemental information obtained from third parties such as demographic and navigation data;
      • information obtained from third parties relating to credit reference information, and additional information about you from a credit reference agency, as permitted by law;
      • information from your interaction with our sites, browsers, applications and services, content and advertising (if any), including, but not limited to, device ID, device type, geo-location information, psychographics, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
  3. Children under the Age of 13

    We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our website, browser, applications or services. If we learn we have collected or received personal information from a child we will take steps to delete that information as soon as possible.

  4. Accessing, Reviewing and Changing Your Personal Information

    1. The key to your account is your password. When creating your password use unique numbers, letters and special characters.
    2. Do not disclose your Homes password to anyone you do not trust. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. You should immediately notify Homes and change your password if your password has been compromised for any reason.
    3. You can see, review and change most of your personal information by signing onto Homes. We will not manually modify your personal information because it is very difficult to verify your identity remotely. You must promptly update your personal information if it changes or is inaccurate.
    4. You may not be able to change or remove a public posting once it is made.
  5. Use of your personal information

    Our primary purpose in collecting personal information is to provide you with access to our websites, browsers, applications and services, and provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

    • customise, measure and improve our services and the content, layout, and operation of our websites, browsers, applications and services;
    • aggregate and/or make anonymous your personal information so that it cannot be used to identify you, whether in combination with other information or otherwise;
    • contact you at telephone numbers we have collected, by placing a voice call or text (SMS) or email messaging;
    • provide services and customer support to you, including service updates;
    • provide other services requested by you when we collect information;
    • resolve disputes, collect fees, and troubleshoot problems;
    • prevent, detect, and investigate potentially prohibited or illegal activities, and enforce our Terms and Conditions and User Agreement;
    • compare information for accuracy, and verify it with third parties; and
    • combine your personal information with information we collect from other companies and use it for the purposes described above and within this Privacy Policy.
  6. Our Disclosure of Your Information

    1. Homes will disclose personal information to:
      • respond to legal requirements,
      • enforce our Term and Conditions and User Agreement,
      • respond to claims that content breaches the rights of others, or
      • protect anyone's rights, property, or safety.

      Such information will be disclosed in accordance with applicable laws and regulations.

    2. Homes may also share your personal information with:
      • Entities in the Homes group to provide joint content and services like registration and user support, to help detect and prevent potentially illegal acts and violations of our Terms and Conditions and User Agreement, and to guide decisions about the services, products, sites, applications, tools and communications of those entities. Entities in the Homes group will use your personal information in compliance with their respective privacy policies and our global privacy standards. Marketing communications will only be sent to you if you have requested their services.
      • Contracted service providers who help with our business operations (for example, bill collection, website operations, fraud investigations and affiliate and rewards programs).
      • Third parties to whom you explicitly ask us to send your information.
      • Third parties to whom you are explicitly notified and consent to when using a specific service.
      • Law enforcement or regulatory agencies, or authorised third-parties, in response to a verified request relating to a criminal investigation or alleged illegal activity or any other activity that may expose us, you, or any other user to legal liability. In such events, we will disclose information relevant and necessary to the investigation or inquiry, such as name, city, state, postcode, telephone number, email address, User ID history, IP address, fraud complaints, usage history, and anything else we may deem relevant to the investigation
      • Credit reference agencies - we may report information about your account to credit reference agencies. Late payments, missed payments, or other defaults on your account may be reflected in your credit report
      • Other entities, should we plan to merge with or be acquired by that entity. Should such an event occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used or disclosed for any purposes not set out in this policy, you will receive prior notice.
    3. The laws and regulations relating to privacy and personal information protection in other jurisdictions may not be the same as your local privacy laws. The governments, courts, law enforcement or regulatory agencies in these other jurisdictions may be able to request disclosure of personal information through the laws of these countries
    4. Homes will not disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of your personal information is reasonably likely to prevent imminent physical harm, financial loss, to report suspected illegal activity, or otherwise reduce bad behaviour in the community.
  7. Information You Share on Homes

    1. Your User ID is displayed throughout Homes and is connected to all of your Homes activity. Other people can see your User ID and other content and information you make public. Notices sent to other Homes users about suspicious activity and breaches of our Terms and Conditions and User Agreement on our sites may refer to User IDs and specific items. If you associate your name with your User ID, the people to whom you have revealed your name will be able to personally identify your Homes activities.
    2. If you access our websites from a shared computer or a computer in an internet café, certain information about you, such as your User ID, activity or reminders from Homes, may also be visible to other individuals who use the computer after you.
  8. Using Information from Homes

    1. Homes enables you to share personal and financial information. We encourage you to disclose your privacy preferences to other users to whom you provide information and respect the privacy of other users.
    2. Homes cannot guarantee the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of the users you are sharing information with before choosing to share your information.
    3. To help protect your privacy, we allow only limited access to other users' contact information to facilitate your communications. When users are communicating with each other, they may have access to each other's name, User ID, email address and other contact information. In all cases, you must give other users the chance to review what information you have collected about them and to delete information about themselves from your database.
    4. You agree to use user information only for:
      • using services offered through Homes;
      • Homes transaction-related purposes that are not unsolicited commercial messages; or
      • other purposes that a user expressly chooses.
  9. Cookies

    1. When you access our websites or use our browsers, applications and services, Homes and companies we work with may place small data files on your computer or device. These data files may be cookies, pixel tags, "Flash cookies" or other local storage provided by your browser or associated applications ("Cookies").
    2. Homes uses Cookies to:
      • recognise you as a user;
      • customise services, content, and advertising;
      • help ensure that your account security is not compromised;
      • measure promotional effectiveness;
      • mitigate risk and prevent fraud; and
      • to promote trust and safety across our sites and services.
    3. Things you should know about our use of Cookies are:
      • Homes offers certain features that are available only through the use of Cookies;
      • Homes uses Cookies to help identify you and maintain your signed-in status;
      • Most Cookies are "session cookies". These cookies are automatically deleted from your device at the end of a session;
      • You are always free to decline Cookies if your browser permits, although doing so may interfere with your use of some of our sites, browsers, applications or services;
      • You may encounter Cookies from third party service providers that we have allowed on our websites who assist us with various aspects of our website operations and services;
      • You also may encounter Cookies on certain pages of third party websites that we do not control and have not authorised. For example, if you view a third party web page, there may be a Cookie placed by that web page.
  10. Information Sharing and Registration with Social Media Websites

    1. Homes offer services that allow you to share information with third party social media websites such as Facebook, Google Plus, Twitter, and others
    2. You may choose to provide us with access to certain personal information stored by such third party websites. The personal information we have access to varies by website and is controlled by your privacy settings on that website and your consent. By associating an account managed by a third party with your account and authorising Homes to have access to this information, you agree that Homes may collect, use and store information from these websites in accordance with this Privacy Policy.
  11. Marketing

    1. You agree that we may use your personal information to:
      • tell you about our websites, browsers, applications and services,
      • deliver targeted marketing and promotional offers based on your communication preferences; and
      • customise measure and improve our advertising (if any), based on your ad customisation preferences.
    2. Homes will not provide, sell or rent your personal information to third parties for their marketing purposes without your consent.
    3. Homes may combine your personal information with information we collect from other companies and use it to improve and personalise our advertising (if any) and marketing to you.
  12. No Spam, Spyware or Spoofing

    1. You are not permitted to add other Homes users to your mailing list (email or physical mail) without their express consent.
    2. To report Homes related spam or spoof emails, please forward the email to [email protected].
    3. You may not use our services to send spam or otherwise send content that would breach our Terms and Conditions and User Agreement. Homes automatically scans and may manually filter messages to check for spam, viruses, phishing attacks and other malicious activity or illegal or prohibited content. Homes does not permanently store messages sent through these tools.
  13. Opting Out of Personal Information Use

    1. If you do not wish to receive marketing and promotional communications from us, you can indicate your communications preference in your settings or within the direct communication from us. If you do not wish to participate in our customisation programs, you can opt out by following the directions provided within the applicable service.
    2. If you withdraw your consent for the use or disclosure of your personal information we may not be able to continue to allow you to have access to our websites, browsers, applications, or services, or to provide you with some or all of the services and customer support
  14. Protecting and Storing Your Personal Information

    1. Homes stores and processes your personal information on our and third party computers in the United States, Australia and elsewhere in the world where our and third party facilities are located. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres and third party data centres, and information access authorisation controls.
    2. Homes provides you with the opportunity to update your information through your account profile settings to make sure that the personal information we collect is accurate and up to date.
  15. Closing Your Account; Retention of Personal Information

    1. Homes will close your account upon your request. We will remove your personal information so that it cannot be viewed by other users as soon as reasonably possible. Removal will be based on your account activity and in accordance with applicable law.
    2. Homes may also close or deactivate inactive accounts, or accounts that are used in breach of our Terms and Conditions and User Agreement.
    3. Personal information from closed or inactive accounts will be deleted or rendered anonymous as soon as reasonably possibly after the account is closed or deactivated. We may retain personal information from closed or inactive accounts for longer periods to prevent fraud, collect fees, resolve disputes, enforce our Terms and Conditions and User Agreement, or to otherwise take actions permitted by law. Under such circumstances this information will be kept as long as it is necessary and relevant for our operations, and to comply with any applicable law.
  16. Third Parties

    1. Homes does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. We encourage you to understand the privacy policies of others before you disclose your personal information.
    2. Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Homes collects from you. If you disclose your information to others on our websites or other websites throughout the internet, different rules may apply to their use or disclosure of the information you provide to them.
  17. Privacy Laws

    Homes is bound by the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (Privacy Act). Due to the nature of some of our business activities, from time to time, Homes will handle personal information relying on the media exemption in the Privacy Act where appropriate. Where we do so, we will ensure that we comply with the Australian Press Council Privacy Standards. If you require more information on the collection and use of personal information in the course of journalism, please visit the Australian Press Council Privacy Standards at www.presscouncil.org.au/privacy-principles.

  18. International Users

    1. Homes abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organisations in the European Economic Area and Switzerland. Learn more about the U.S. Department of Commerce Safe Harbor Program (http://www.export.gov/safeharbor/).
    2. If the European General Data Protection Regulation (GDPR) applies in respect of any of the personal information Homes collects, then the following sections apply to that personal information:
      • In respect of residents of the European Economic Area (EEA), references to personal information in this Privacy Policy means any information that (either in isolation or in combination with other information) enables you to be identified directly or indirectly.
      • In some instances, we may combine other information with personal information. If other information is combined with personal information or is used to build a profile of an individual (in a way which could be reasonably used to identify that individual), the combined information will be treated by us as personal information for as long as it remains combined.
      • If you are a resident in the EEA, you have the following rights (subject to the applicable data protection laws) in relation to your personal information:
        • You have the right to obtain from Homes confirmation as to whether or not personal information concerning you is being processed, and, where that is the case, to request access to the personal information. This is not an absolute right and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of the personal information undergoing processing free of charge. For further copies requested by you, Homes may charge a reasonable fee based on administrative costs.
        • You have the right to have incomplete or inaccurate personal information that Homes processes about you rectified.
        • You have the right to request that Homes deletes personal information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims or if other statutory restrictions apply.
        • You may have the right to restrict our processing of your personal information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose or where other legal grounds to request restriction apply unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it or because other statutory restrictions apply.
        • You may have the right to obtain personal information Homes holds about you, in a structured, electronic format, and to transmit such data to you or another data controller, where this is personal information which you have provided to us, and if we are processing that data on the basis of your consent or to perform a contract with you.
        • You may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal information by Homes and we are required to no longer process your personal information. Such right to object especially applies if we collect and process your personal information for profiling purposes in order to better understand your interests in our products and services or for certain types of direct marketing. If you have a right to object and if you exercise this right, your personal data will no longer be processed for such purposes by Homes. You may exercise this right by contacting the Homes Privacy Officer.
      • If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Such a withdrawal will not affect the lawfulness of the processing prior to your withdrawal of consent. You should note that the withdrawal of consent may not affect our right to use some or all of your personal information in circumstances where your consent was not required to use such data.
  19. Contact Homes

    To ask questions or comment about this privacy policy and our privacy practices, you may contact Homes Privacy Officer in the following ways:

    Web: http://www.homes.com.au/contact
    Postal: Privacy Officer
    Homes Group Pty Ltd
    Suite 2, 109 Victoria Road
    Drummoyne NSW 2047
    Phone: +61 2