Privacy Policy

Publication Date: 16 August 2018

Status: Current
1. Background
1.1 General

Luis Silva De Sousa (Luis De Sousa, we, us, our) is responsible for this website, which is governed by the laws of Australia.We are committed to protecting your privacy, in accordance with applicable Australian privacy laws.

This Policy statement is designed to give you a greater understanding of how we collect, use, disclose and otherwise handle personal information.

This Policy Statement, together with any other documents, policies, notices, terms, and conditions, or other forms of private and public communication referred to herein, sets out the basis on which we collect and process personal information about website users (you).

A copy of this Privacy Policy is available on our website at www.luisdesousa.com.au, or you can request a copy by contacting our Privacy Officer (details under heading 11, below).

1.2 What is personal information?

Personal information means information or an opinion, whether true or not and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.

1.3 Our obligations

We are required to comply with the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate the manner in which personal information is handled throughout its life cycle, from collection to use and disclosure, security, accessibility, and disposal.

We are also required to comply with more specific privacy legislation in some circumstances, such as:

• applicable State and Territory health privacy legislation (including the Victorian Health Records Act ) when we collect and handle health information in the relevant jurisdiction; and
• the Spam Act and the Do Not Call Register Act.

1.4 Employee records

We are generally exempt from the Privacy Act when we collect and handle employee records and this Privacy Policy does not apply to that information. However, where State or Territory health privacy legislation applies, we are still required to protect the privacy of employee health information. This Privacy Policy will apply in those circumstances.

2. What we collect

2.1 General

The type of personal information that we collect about you depends on the type of dealings you have with us. For example, if you:

• are a purchaser or prospective purchaser of a product or service – we will collect your name, age, address, contact details, details of the products and services that you are interested in or have agreed to purchase.
• send us an inquiry, complete an inquiry form or provide us with feedback – we may collect your name, contact details, details of your inquiry or feedback, and information about our response.
• participate in market research conducted by us or on our behalf – we will collect your name, address, contact details and details of your responses to the research questions you answer.
• ask us to send you information about our products and services – we will collect your name, address, contact details, details of the properties you are interested in, and how you heard about us or the relevant products and services development.
• apply for a job with us – we will collect the information you include in your job application, including your cover letter, resume, contact details, and referee reports.

2.1 The court of Australia shall have exclusive jurisdiction over any dispute arising.

2.2 Sensitive information

Sensitive information is a subset of personal information that is generally afforded a higher level of privacy protection, such as health information. We only collect sensitive information where it is reasonably necessary for our functions or activities and either:

• the individual has consented; or
• we are required or authorized by or under the law to do so.

For example, if you purchase products and services from us, we will collect information about your residency status, which may indicate your racial or ethnic origin.

2.3 Collection of information other than personal information through our website

When you visit our website, some of the information that is collected about your visit is not personal information, as it does not reveal your identity.

Site Visit Information

For example, we record your server address, the date and time of your visit, the pages you visited, any documents you downloaded, the previous site you visited and the type of device, browser and operating system you used.
We use and disclose this information in anonymous, aggregated form only, for purposes including statistical analysis and to assist us in improving the functionality and usability of our website. You are not individually identified. However, we reserve the right to use or disclose this information to try to locate an individual where we reasonably believe that the individual may have engaged in any unlawful or inappropriate activity in connection with our website, or where we are otherwise required or authorized by law to do so.

Cookies

A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we use do not identify individual users, although they do identify the user’s internet browser.

We use cookies to hold anonymous session information. This information is used to personalize your current visit to the website, for example, to allow the website to remember who you are by keeping server variables linked to your session.

We only use non-persistent cookies. That is, they are held on your browser’s memory only for the duration of your session.

Most internet browsers are set to accept cookies. If you would prefer not to receive them, you can adjust your internet browser to reject cookies, or to notify you when they are being used. There are also software products available that can manage cookies for you. Rejecting cookies can, however, limit the functionality of our website.

2.4 What if you don’t provide us with your personal information?

We will offer individuals the option of not identifying themselves, or of using a pseudonym when dealing with us if it is lawful and practicable to do so. A pseudonym is a name or other descriptor that is different from an individual’s actual name.

For example, you can access our website and make general phone queries without having to identify yourself.

In some cases, however, if you don’t provide us with your personal information when requested, we may not be able to provide you with the product or service that you are seeking. For example, you must identify yourself to a member of our accounts team in order to check on the status of a payment made to or by us.

3. How we collect personal information

3.1 Methods of collection

We may collect personal information in a number of ways, including:

• in person (for example, visits to our head office or properties we are developing, at events or at conferences)
• through our website (for example, through our ‘Enquiries’ form)
• through our Facebook page
• over the telephone
• through written correspondence (such as letters, faxes, and emails)
• on hard copy forms (for example, inquiry forms and surveys)
• from third parties, including:

– Immigration Department
– relevant State and Territory Valuers General
– real estate agents
– Australian Securities and Investment Commission
– mortgage brokers and/or financial service providers

3.2 Collection notices

Where we collect personal information about you, we will take reasonable steps to provide you with certain details about that collection (such as the purpose for which we are collecting the information and the type of third parties to which it is usually disclosed). We will generally include this information in a collection notice.

Collection notices provide more specific information than this Privacy Policy. The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in the terms and conditions of particular offers, products, and services. We encourage you to read those provisions carefully.

3.3 Unsolicited information

Unsolicited personal information is personal information we receive that we have taken no active steps to collect (such as an employment application sent to us by an individual on their own initiative, rather than in response to a job advertisement).

We may keep records of unsolicited personal information if the Privacy Act permits it (for example, if the information is reasonably necessary for one or more of our functions or activities). If not, we will destroy or de-identify the information as soon as practicable, provided it is lawful and reasonable to do so.

4. Why we collect personal information

4.1 General

The main purposes for which we collect, hold, use and disclose personal information are set out below:

• outlining our development products and services to prospective and existing purchasers
• completing sales transactions and assisting purchasers with the management of their apartment upon completion of a development
• promoting ourselves and our products and services, including through direct marketing, events, and competitions (see under heading 4.2, below)
• obtaining products and services for our business
• obtaining finance for our developments
• performing research and statistical analysis, including customer satisfaction and service improvement purposes
• protecting the security of our offices, staff, customers and the products and services held on our premises answering queries and resolving complaints
• recruiting staff and contractors

We may also collect, hold, use and disclose personal information for other purposes, explained at the time of collection, or:

• which are required or authorized by law; or
• for which you have provided your consent.

Notification of source

If we have collected the personal information that we use to send you marketing communications from a third party (for example, a direct mail database provider), you can ask us to notify you of our source of information, and we will do so unless this would be unreasonable or impracticable.

5. Who we may share your personal information with

We may share personal information with third parties, where appropriate, for the purposes set out under heading 4, including:

• land vendors
• sub-contractors
• suppliers of fixtures and fittings
• the Land Titles Office
• relevant State and Territory Valuers General
• real estate agents
• Australian Securities and Investment Commission
• financiers and prospective financiers
• financial institutions for payment processing
• an individual’s agent or authorized representative
• referees whose details are provided to us by job applicants
• a mortgage broker, financial planner and banks if they make inquiries of us
• owners, corporation managers, and managing / letting agents
• our contracted service providers, including:

– suppliers of building materials and fittings;
– delivery and shipping providers
– information technology and data storage providers
– venues and event organizers
– marketing and communications agencies
– research and statistical analysis providers
– call centers
– mail houses
– external business advisers (such as consultants, recruitment
advisors, accountants, auditors, and lawyers).
– vendors, retailers, supply chain , logistics and freight
Services.

In each case, we may disclose personal information to the service provider, and the service provider may, in turn, provide us with personal information collected from you in the course of providing the relevant products or services.

6. Cross border disclosure of personal information

We do not currently disclose personal information to third parties located overseas. If this changes at some time in the future, we will comply with the requirements of the Privacy Act that apply to cross border disclosures of personal information and this Privacy Policy will be amended accordingly.

7. Use of government related identifiers

We will not:

• use a government related identifier of an individual (such as a Medicare number or driver’s license number) as our own identifier of individuals; or
• otherwise, use or disclose such a government related identifier,
• unless this is permitted by the Privacy Act (for example, use of an identifier to verify an individual’s identity or uses or disclosures required or authorized by or under Australian law).

You can help us keep your information up to date by letting us know about any changes to your details, such as your address, email address or phone number.

8.2 Security

The steps we take to secure the personal information we hold include website protection measures (such as firewalls and anti-virus software), security restrictions on access to our computer systems (such as login and password protection), controlled access to our corporate premises, policies on document storage and security, personnel security (including restricting access to personal information on our systems to staff who need that access to carry out their duties, staff training and workplace policies).

Online credit card payment security

We process payments using EFTPOS and online technologies. All transactions processed by us meet industry security standards to ensure that payment details are protected.

Website security

While we endeavor to protect the personal information and privacy of users of our website, we cannot guarantee the security of any information that you disclose online, and you disclose that information at your own risk. If you are concerned about sending your information over the internet, you can contact us by telephone or post (details under heading 11, below).

Hyperlinks and embedded functionality

Our website may contain links to content or other functionality provided by third parties, which are outside our control and are not covered by our privacy policy, including the embedded Search Box facility. The search on this website (“Search”) is powered by Google Inc. (“Google”). You acknowledge and agree that Google’s privacy policy ( located at htt://www.google.com/privacy.html) shall apply to your use of the Search Box and by using Search Box you consent to Google using your personal data in accordance with its privacy policy. Similarly, if you access other websites using links or use other embedded functionality provided by third parties, the operators of those websites may collect information from or about you which will be used by them in accordance with their privacy policies, which may differ from ours. We encourage you to read those providers’ privacy statements on their websites. We do not accept any responsibility or liability for those policies.

9. Access and correction

9.1 General

Please contact our Privacy Officer (details under heading 11, below) if you would like to access or correct the personal information that we hold about you. We may require you to verify your identity before processing any access or correction requests, to make sure that the personal information we hold is properly protected.

9.2 Access

We will generally provide you with access to your personal information, subject to some exceptions permitted by law. We will also generally provide access in the manner that you have requested (e.g., by providing photocopies or allowing a file to be viewed), provided it is reasonable and practicable for us to do so. We may, however, charge a fee to cover our reasonable costs of locating the information and providing it to you.

9.3 Correction

If you ask us to correct personal information that we hold about you, we will take reasonable steps to correct that information.

9.4 Timeframe for access and correction requests

Except in the case of more complicated requests, we will endeavor to respond to access and correction requests within 30 days.

9.5 What if we do not agree with your request for access or correction?

If we do not agree to your access or correction request, or if we do not agree to give you access in the manner you requested, we will provide you with a written notice setting out:

• the reasons for our decision (except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so); and
• available complaint mechanisms.

In addition, if we refuse to correct personal information in the manner you have requested, you may ask us to associate your request with the information, and we will take reasonable steps to do so.

10. Complaints

If you have a complaint about how we have collected or handled your personal information, please contact our Privacy Officer (details under heading 11, below).

We will endeavor, in the first instance, to deal with your complaint and take any steps necessary to resolve the matter within a week. If we are not able to do so, we will ask you to submit your complaint in writing.

In most cases, we expect to investigate written complaints and provide a response within 30 days of receipt. If the matter is more complex and our investigation takes longer, we will contact you and tell you when we expect to provide our response.

If you are not satisfied with our response, you can refer your complaint to the Office of the Australian Information Commissioner (see here for further information).

11. Our contact details

Please contact us if you have any queries about the personal information that we hold about you or the way in which we handle that personal information. Our contact details are set out below.

Mail: Privacy Officer,10 Eagle Street,Brisbane Qld 4000, Australia

Email: privacy@luisdesousa.com.au

Telephone:  +61 756 022 432

Further general information about privacy is available on the website of the Office of the Australian Information Commissioner at www.oaic.gov.au or by calling the OAIC’s inquiry line at 1300 363 992.

12. Changes to this Policy

We may amend this Privacy Policy from time to time. The current version will be posted on our website, and a copy may be obtained by contacting our Privacy Officer (details above).