PRIVACY POLICY
We are committed to following the requirements contained in the National Privacy Principles when dealing with your personal information. This policy explains how we deal with your personal information, in line with our best practice and our legal obligations.
1. Personal InformationWhat is "personal information"?
Pursuant to section 6 of the Privacy Act 1988 (Cth), personal information relevantly means:
Information, whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information.
Examples are your name, address, email address, credit card information, taxation information etc.
Why we collect personal information?
The retainer agreement between Mercier Body Corporate Developments (MBCD) and you necessitates that we collect information to enable us to perform our essential duties and obligations under that agreement such as:
- Collecting information relating to your proposed development;
- Obtaining information relating to legal matters.
How do we collect your personal information?
Your personal information may be collected in 2 ways:
The collection, use or disclosure of your personal information will always be in accordance with this Privacy Policy, as well as guided by the National Privacy Principles.
Generally, we will require your written consent to enable us to collect, use or disclose your personal information. There may also be occasions where the collection, use or disclosure of your personal information is assumed or implied by your conduct.
2. Consequences for not having your personal information
The provision of our service to you pursuant to the body corporate management agreement requires us to have certain information about you. If we do not have all necessary information, we may not be able to provide the agreed service to your body corporate under that agreement.
3. Use of your personal information
We use the personal information that we collect to provide the management services to you and your scheme that were agreed upon under our agreement.
There are circumstances where we may also do the following:
Direct marketing
We may, on occasions, use your personal information to provide you with information about our services and products. If you receive information of this nature from us, and wish to not further receive such information, you may contact us to let us know. Where we receive advice from you that you do not wish to further receive such information, we will not send you further material.
You can, however, change your mind about receiving information about our products and services at any time – you just need to let us know.
We do not disclose your personal information to a party outside our organisation for the purposes of allowing them to market their products or services to you.
4. Accuracy and security of your personal informationEnsuring your personal information is up-to-date
It is very important that the personal information we collect from you is accurate, complete and up-to-date. From time to time during the course of tour management agreement we will ask you to tell us of any changes to your personal information.
Is my personal information secure?
We take all reasonable precautions to safeguard your personal information from loss, misuse or unauthorised access, modification and disclosure.
Security of your personal information online
Generally, e-mail is not a secure way to communicate and you should be aware of this when sending personal information to us via e-mail.
5. Access to your personal informationCan I access my personal information?
Access to your personal information held by us is available to you upon request.
Requests for access to personal information will be processed within 30 days after receiving it. Please note that, due to the nature of the personal information sought, some requests for access may take longer than 30 days to process.
Can your request to access your personal information be denied?
We may refuse you access to personal information where the information sought is mixed with other information that would disclose personal information or sensitive information about another owner in the scheme. We may also refuse to provide access to information when required or authorised by law, or where the request for access is frivolous or vexatious.
In the event that your request to access or amend personal information is refused, we will explain the reason for the refusal.
6. Personal information identifiers What is a Commonwealth identifier?
A Commonwealth identifier is a Commonwealth Government or Commonwealth agency designated identification number such as your Tax File Number (TFN) or Medicare number.
In this regard, we do not use Commonwealth identifiers as a way of identifying the personal information that we may have collected about you.
Do I have to be identified at all?
Whilst the nature of our job is such that anonymity may not be practicable, we may offer you the opportunity to deal with us anonymously.
Sensitive information
Section 6 of the Privacy Act 1988 (Cth) relevantly provides that “sensitive information” is:
(a) information about an individual’s:
(i)racial or ethnic origin; or
(ii)political opinions; or
(iii)membership of a political association; or
(iv)religious beliefs or affiliations; or
(v)philosophical beliefs; or
(vi)membership of a professional or trade association; or
(vii)membership of a trade union; or
(viii)sexual preferences or practices; or
(ix)criminal recordthat is also personal information; or
(b)health information about an individual; or
(c)genetic information about an individual that is not otherwise
health information.Personal information will only be collected, used or disclosed if:
7. Our privacy and complaintsOur Privacy Policy may change from time to time
We regularly review all our policies and procedures. As a result we may change this Privacy Policy from time to time.
8. Concerns and requests
If you have a question about this Policy or wish to lodge a request to access your personal information or you believe we have not protected your personal information please contact us:
If you are not satisfied with the response, you can refer your complaint to the Federal Privacy Commissioner by:
1. Personal InformationWhat is "personal information"?
Pursuant to section 6 of the Privacy Act 1988 (Cth), personal information relevantly means:
Information, whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information.
Examples are your name, address, email address, credit card information, taxation information etc.
Why we collect personal information?
The retainer agreement between Mercier Body Corporate Developments (MBCD) and you necessitates that we collect information to enable us to perform our essential duties and obligations under that agreement such as:
- Collecting information relating to your proposed development;
- Obtaining information relating to legal matters.
How do we collect your personal information?
Your personal information may be collected in 2 ways:
- Directly from you – i.e. throughout the period of our relationship with your scheme such as in keeping the body corporate roll or utilizing your name and address to send out levy notices;
- From another source – eg. An insurance company when we facilitate an insurance policy the proposed body corporate, solicitor for conveyancing purposes or a real estate agent when you sell or by a lot in the scheme.
The collection, use or disclosure of your personal information will always be in accordance with this Privacy Policy, as well as guided by the National Privacy Principles.
Generally, we will require your written consent to enable us to collect, use or disclose your personal information. There may also be occasions where the collection, use or disclosure of your personal information is assumed or implied by your conduct.
2. Consequences for not having your personal information
The provision of our service to you pursuant to the body corporate management agreement requires us to have certain information about you. If we do not have all necessary information, we may not be able to provide the agreed service to your body corporate under that agreement.
3. Use of your personal information
We use the personal information that we collect to provide the management services to you and your scheme that were agreed upon under our agreement.
There are circumstances where we may also do the following:
- disclosure of your personal information where you have provided consent explicitly or impliedly;
- disclosure of your personal information to a 3rd party for the purpose of providing body corporate services to you;
- as required by law.
Direct marketing
We may, on occasions, use your personal information to provide you with information about our services and products. If you receive information of this nature from us, and wish to not further receive such information, you may contact us to let us know. Where we receive advice from you that you do not wish to further receive such information, we will not send you further material.
You can, however, change your mind about receiving information about our products and services at any time – you just need to let us know.
We do not disclose your personal information to a party outside our organisation for the purposes of allowing them to market their products or services to you.
4. Accuracy and security of your personal informationEnsuring your personal information is up-to-date
It is very important that the personal information we collect from you is accurate, complete and up-to-date. From time to time during the course of tour management agreement we will ask you to tell us of any changes to your personal information.
Is my personal information secure?
We take all reasonable precautions to safeguard your personal information from loss, misuse or unauthorised access, modification and disclosure.
Security of your personal information online
Generally, e-mail is not a secure way to communicate and you should be aware of this when sending personal information to us via e-mail.
5. Access to your personal informationCan I access my personal information?
Access to your personal information held by us is available to you upon request.
Requests for access to personal information will be processed within 30 days after receiving it. Please note that, due to the nature of the personal information sought, some requests for access may take longer than 30 days to process.
Can your request to access your personal information be denied?
We may refuse you access to personal information where the information sought is mixed with other information that would disclose personal information or sensitive information about another owner in the scheme. We may also refuse to provide access to information when required or authorised by law, or where the request for access is frivolous or vexatious.
In the event that your request to access or amend personal information is refused, we will explain the reason for the refusal.
6. Personal information identifiers What is a Commonwealth identifier?
A Commonwealth identifier is a Commonwealth Government or Commonwealth agency designated identification number such as your Tax File Number (TFN) or Medicare number.
In this regard, we do not use Commonwealth identifiers as a way of identifying the personal information that we may have collected about you.
Do I have to be identified at all?
Whilst the nature of our job is such that anonymity may not be practicable, we may offer you the opportunity to deal with us anonymously.
Sensitive information
Section 6 of the Privacy Act 1988 (Cth) relevantly provides that “sensitive information” is:
(a) information about an individual’s:
(i)racial or ethnic origin; or
(ii)political opinions; or
(iii)membership of a political association; or
(iv)religious beliefs or affiliations; or
(v)philosophical beliefs; or
(vi)membership of a professional or trade association; or
(vii)membership of a trade union; or
(viii)sexual preferences or practices; or
(ix)criminal recordthat is also personal information; or
(b)health information about an individual; or
(c)genetic information about an individual that is not otherwise
health information.Personal information will only be collected, used or disclosed if:
- allowed by law;
- we have received your consent to do so; or
- the collection is necessary for us to undertake our duties and obligations under our agreement with your scheme.
7. Our privacy and complaintsOur Privacy Policy may change from time to time
We regularly review all our policies and procedures. As a result we may change this Privacy Policy from time to time.
8. Concerns and requests
If you have a question about this Policy or wish to lodge a request to access your personal information or you believe we have not protected your personal information please contact us:
- by telephoning us
- by emailing us
- writing to us
If you are not satisfied with the response, you can refer your complaint to the Federal Privacy Commissioner by:
- telephoning 1300 363 992 ;
- writing to – Director of Complaints, Office of the Federal Privacy Commissioner (check address in your state);
- visiting the website – http://www.privacy.gov.au
