PRIVACY POLICY

BACKGROUND

A                   The purpose of this Privacy Policy is to make clear how YNM Pty Ltd (ACN 605 376 449) trading as Your Next Move, Your Next Move Real Estate, Your Next Move Property and Finance (“Owner”) gathers, keeps, uses and discloses personal information provided by you.  

B                   This Privacy Policy also indicates how this information is put to use, updated and provided to other parties who are permitted to access it.

C                   By using this site and any associated or linked sites ("Site") or by accepting the Products and Services offered by or on behalf of the Owner (“Products and Services”) you acknowledge that you had sufficient chance to read and understand this Privacy Policy and you agree to be bound by its terms.  If you do not agree to the terms of this Privacy Policy, please do not use the Site.

OPERATIVE PROVISIONS

1            PERSONAL INFORMATION

1.1                All information provided by you will be treated in accordance with the requirements of the Privacy Act 1988 (Cth) and regulations under that Act (and in particular the Australian Privacy Principles established under that Act).

1.2                The Owner is required to collect certain information (including the name, date of birth, address, contact details, banking and credit card details, tax file numbers, and other relevant information) (“Personal Information”) for the purpose of providing and managing the Products and Services.

1.3                You are required to provide the Owner with the Personal Information when you:

                1.3.1           enquire about, apply for, or purchase any Products and Services;

                1.3.2           request any information about the Products and Services or any other content on the Site (“Content”);

                1.3.3           wish to open an account with the Owner;

                1.3.4           request the Owner to facilitate or process any transaction on your behalf;

                1.3.5           enquire about, apply for, or purchase, a product or service offered by the Owner or with the Owner’s assistance;

                1.3.6           subscribe to the Owner’s publications or email messages;

                1.3.7           enquire about, or purchase, any material, document or other content from, or by using, the Site or otherwise offered by the Owner (“Material”); or

                1.3.8           request sales or advertising information;

                1.3.9           request the Owner to reply to any query or provide any other information; or

                1.3.10        send your comments or suggestions to the Owner;

1.4                You acknowledge and agree that provision of the Personal Information by you for the purposes referred to in clause 1.3 is of vital importance to the Owner’s ability to provide you with the Products and Services.

1.5                The Owner is required by law to gather information in order to identify and verify its customers. You acknowledge that it is illegal to make misrepresentations or provide misleading or deceptive information.  The Owner has a right to make enquiries regarding your identity or any other details for the purposes contemplated by the law, including Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

1.6                While the Owner collects the Personal Information from you and other users, it has no intention of collecting “sensitive information” (as defined under the Privacy Act 1988 (Cth)), being the information or opinions about health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin or similar information.

1.7                If you provide the Owner with the Personal Information about another person or entity, you agree to:

                1.7.1           obtain consent from the relevant party to the provision of such information and to the Owner’s proposed use of that information in accordance with this Privacy Policy; and

                1.7.2           notify the relevant person or entity about their ability to access this information.

1.8                You consent to the Owner verifying the information that you have provided about another person or entity directly with the relevant party.

2           CHANGES TO PERSONAL INFORMATION

2.1                If you do not provide all information requested by the Owner or provide incomplete or inaccurate information, the Owner may not be able to provide the relevant Products and Services to you.  You agree to immediately notify the Owner of any changes to the Personal Information previously provided by you.

2.2                You can request the Owner to modify the Personal Information that has changed or is otherwise inaccurate.

2.3                If the Owner disagrees with you regarding the accuracy or completeness of any information provided by you, the Owner will use its reasonable endeavours to provide a justification for its view.

3            STATISTICS AND COOKIES

3.1                The Owner gathers statistical details about the users of the Site, including the number of visitors, the pages they view, the types of transactions that take place, the amount of time they spend on the Site and the types of documents they download.  All these details are used to assess and enhance the functioning of the Site.  Apart from these details, the Owner does not gather any other information about its customers or visitors of the Site if they do not give that information to the Owner.

3.2                You acknowledge that the Site uses “cookies”, which comprise an identification number or code that is sent to your search engine from the Site system and is kept on the hard drive of your computer.  Every webpage has its specific cookies to send to different search engines, but only if a search engines allow cookies.  Nevertheless, in order to preserve your privacy, your search engine only enables a website to have access to the cookies that are stored on your computer.

3.3                The cookies are used to gather statistical data referred to in clause 3.1 and to give the users the permission to access their account.  When users have access to their online accounts, an automatic cookie will be sent to that computer that will be a unique identification for that user, account and computer.  As a result, users are not asked to complete their login details every time they visit the Site.

3.4                The majority of search engines enable cookies.  However, you have a chance to modify the search engine’s settings to deny access of cookies or to receive a notification every time your computer gets a cookie and you can decide whether you wish to accept it.  If you deny access to all cookies, you will not be able to have access to your account.  You also have a chance to delete all the cookies that have been sent to your computer.

4            SECURITY

4.1                You must have a secure browser supporting secure transmission of data across the Internet. 

4.2                The Owner exercises great care in providing secure transmission of information from your computer to its servers.  The Owner uses a variety of security measures to maintain the safety of the Personal Information.  Personal Information supplied by you through the Site is transmitted via Secure Socket Layer (SSL) technology. Personal Information collected on the Site is stored in a password protected environment that is not available to the public. 

4.3                Despite the provisions of clause 4.2, you acknowledge that transmissions made on or through the Internet are vulnerable to attack and cannot guaranteed to be secure.

4.4                Subject to other terms and conditions of this Privacy Policy, the Owner will store the Personal Information on secure servers, storage facilities and files and will take the necessary measures to protect the Personal Information from loss, misuse, unauthorised modification, illegal access or unauthorised disclosure.

4.5                The Owner may from time to time transfer the Personal Information or any other information outside Australia in accordance with the Privacy Act 1988 (Cth) to the countries with privacy laws that do not provide the same level of protection as Australia’s privacy laws.  For example, the Owner may transfer the Personal Information to the Asia-Pacific, the European Union or the United States of America.  Additionally, the Owner may also use cloud storage and electronic servers that are located overseas.

4.6                By providing the Owner with the Personal Information or any other information, you consent to the Owner disclosing that information to overseas recipients on the basis that, whenever permitted by law, the Owner is not required to take reasonable steps to ensure that any overseas recipient complies with Australia’s privacy laws and regulations.

5            INFORMATION DISCLOSURE - GENERAL

5.1                For the purpose of providing the relevant Products and Services to you and developing, reviewing and maintaining the Owner’s systems, procedures and facilities the Owner reserves the right to disclose the Personal Information provided by you to its directors, officers, employees, contractors, consultants, advisers, agents, the Owner’s associated entity or a third party responsible for the provision of any Products and Services and persons considering acquiring or taking an interest in the Owner’s business or assets (on a confidential basis).

5.2                The Owner may, at its sole discretion, disclose the Personal Information to any government, semi-government or statutory authority or any other person as may be required to comply with any laws, regulations, notices or orders.

5.3                Subject to other terms and conditions of this Privacy Policy, the Owner will not:

                5.3.1           disclose (either by selling or otherwise) the Personal Information to a third party, except for its associated entities; or

                5.3.2           use the Personal Information to send you spam emails.

6            INFORMATION DISCLOSURE FOR CREDIT PURPOSES

6.1                You acknowledge and agree that for the purpose of providing the relevant products and services to you, assessing your credit application or verifying the information provided by you, such information may be disclosed to, and any further necessary information may be obtained from:

                6.1.1           third party agencies providing various supporting services, including verification of identification, settlement or mailing services;

                6.1.2           credit reporting agencies;

                6.1.3           Australian Securities and Investment Commission;

                6.1.4           any other relevant government or statutory bodies and regulators; and

                6.1.5           relevant financial institutions that are considering providing, or that have previously provided, a credit or loan facility to the relevant person or entity;

                6.1.6           any accountant, financial or legal adviser or to any other consultant or adviser acting in connection the relevant transaction;

                6.1.7           the relevant persons or entities who give an assurance of repayment of the relevant credit or loan, including guarantors;

                6.1.8           the relevant persons or entities acting in connection with creating financial agreements, including by way of securitisation; and

                6.1.9           the Owner’s associated entities.

6.2                If the Owner discloses the Personal Information to any third parties or requires further information from any third parties, the Owner will use its reasonable endeavours to give a reason for it.

6.3                You acknowledge and agree that if you refuse to provide the required information to the Owner or if the Owner is unable to obtain any necessary information from any third parties, then your application for credit or loan facility may be rejected.

6.4                You acknowledge that the information that the Owner may disclose to, and obtain from, credit reporting agencies, includes without limitation the identification details, information regarding an application for credit or loan facility of a certain amount, the fact that the Owner (or any of its associated entities) is the credit provider to the relevant person or entity, details of any overdue payments, any breaches of credit regulations, existing balances and limits on the relevant credit or loan facilities, discharges and records indicating whether the relevant person or entity has made the relevant periodic repayment and the date on which such repayment was made.

6.5                If you are providing information on behalf of another person or entity, you need to ensure that you have all necessary authorisations for the disclosure of that Personal Information.  The Owner is not be liable under any circumstances for any losses, damages, costs, expenses, demands, claims or proceedings suffered or incurred by any person or brought against any person (even if it has been advised of their possibility) in connection with your unauthorised disclosure of, or the Owner’s actions in relation to, another person’s Personal Information provided by you.

7           YOUR ACCESS TO INFORMATION

7.1                Subject to clause 6.2, on your request, the Owner will provide you with access to the Personal Information supplied by you within a reasonable time after your request at no charge to you.

7.2                Provided that the Owner provides a reason for its actions, the Owner may refuse to provide you with access to your Personal Information for any of the following reasons:

                7.2.1           if accessing such information may put a person’s life or health at risk;

                7.2.2           if accessing such information can have an undue effect on another person’s privacy;

                7.2.3           if you make a vexatious or frivolous access request;

                7.2.4           if accessing such information is against the law;

                7.2.5           if accessing such information can have detrimental effect on an enforcement event associated with an illegal activity or any other infringement of law; or

                7.2.6           if there are lawful dispute resolution actions that limit or prevent disclosure to such information.

8            RECEIVING EMAIL MESSAGES FROM OWNER

8.1                By accessing or using the Site you agree to the Owner sending commercial (including advertising, marketing and promotional) email messages regarding the Products and Services offered by the Owner or its associated entities to the email address provided by you until such time as you withdraw from the Owner’s mailing list by giving the Owner a written notice to that effect or unsubscribe from the Owner’s mailing list using the relevant option in the Owner’s emails.

8.2                You warrant that you are authorised to use the email address provided by you.

9            INVITATION SERVICES

9.1                The Site contains or may contain an invitation service enabling you to invite others to use the Site.  The service will allow you to import, at your direction, your contact list from certain email services used by you and to send an email on your behalf from your email address inviting people from your contact list to use the Site.  The information you provide will be used solely to facilitate you sending the invitation and will not be stored or used by the Owner for any other purpose.

9.2                If you are a recipient of such invitation and have elected to opt out from receiving any further invitations from the Site, the Owner will retain your email address solely for the purpose of blocking any further email correspondence from it.

10          LINKS TO OTHER SITES

10.1             The Site may have links to other sites which may gather personal information from you.  You acknowledge and agree that the Owner is not responsible for any privacy and disclosure practices of those sites.  You should make your own enquiries and satisfy yourself with respect to those matters.

11          THIRD PARTY ADVERTISING

11.1             Advertising, marketing and promotional material appearing on the Site may be delivered to you by the Owner’s advertising partners, which may set their own cookies.  These cookies allow their servers to recognise your computer each time they send you an online advertisement in order to compile non-personal identification information about you or others who use your computer.  This information allows advertising networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.  This Privacy Policy does not cover the use of cookies by any third party advertisers and the Owner takes no responsibility for the use of those cookies.

12         BREACH OF PRIVACY POLICY

12.1             The Owner reserves the right to suspend or terminate your account or your access to the Site or delete certain contents from your profile or public domain within the ambit of this Site if your account or its content is in breach or violation of this Privacy Policy.

13         TRANSFER

13.1             In the event of the transfer of the ownership of the Owner’s business or the shares in the Owner’s company, the Owner reserves the right to transfer the Personal Information provided by you to the Owner’s successor.  In the event of any variation of this Privacy Policy as a result of such transfer, a new version of this Policy will be uploaded on the Site.

14         VARIATIONS

14.1             The Owner is entitled to vary this Privacy Policy for any reason it deems necessary. 

14.2             Once the variation takes effect, the Owner will upload a new version of this Privacy Policy on the Site.

14.3             The Owner recommends that you review this Private Policy from time to time to be aware of any variations.

15         ACKNOWLEDGMENTS

15.1             You acknowledge and agree that:

                15.1.1        you have read and understood this Privacy Policy;

                15.1.2        you consent to the use and disclosure of the Private Information provided by you in accordance with this Privacy Statement; and

                15.1.3        the information provided by you must be current, complete and accurate and in case of credit or loan facilities the Owner will rely on that information to assess the relevant person’s eligibility for such facilities;

16         YOUR RIGHTS

16.1             If you require access to the Personal Information provided by you or have any queries or complaints regarding your privacy and the Owner’s use of your Personal Information, please contact the Owner’s Privacy Officer by using the “Contact Us” form. [insert hyperlink to “Contact Us” form.].  If your query or complaint is not resolved in a satisfactory manner, you have a chance to refer your concerns to the Australian Information Commissioner appointed under the Privacy Act 1988 (Cth).

17         GENERAL

17.1             Where context permits, the term “Owner” used in this Privacy Policy includes all of the Owner’s directors, officers, employees, contractors, consultants, agents and any other person claiming through or under the Owner.

17.2             The term “associated entity” used in this Privacy Policy has the meaning ascribed to this term under the Corporations Act 2001 (Cth).