Table of Contents
Privacy Policy
The Deposit Holder Pty Ltd ABN 60 672 791 301 (we, us, our) is an incorporated legal practice that specialises in the provision of legal services in connection with the deposit money provisions contained in contracts for the sale and purchase of real property Australia-wide. We are an innovative law practice and embrace technology to deliver legal services efficiently, conveniently, and at a low cost to our clients. Our provision of legal services is facilitated by our operation of an online platform that may be accessed via our website (Platform).
We collect, hold, use and disclose personal information in carrying on our business. We respect your privacy and we are committed to safeguarding and managing your personal information responsibly. We will only collect, hold, use and disclose your personal information in compliance with the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy contains information about how we manage personal information. We will update this Privacy Policy if there is any change in how we manage personal information. The current version of our Privacy Policy can be accessed free of charge on our website.
What is personal information?
‘Personal information’ is defined in the Privacy Act to mean information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true, and whether the information or opinion is recorded in a material form or not.
The nature of our business and the services we provide mean that, generally, you will have to identify yourself when dealing with us. We will not be able to provide legal services to you unless you identify yourself. You will not be able to apply to open an account or use the Platform unless you identify yourself. However, there may be some circumstances where you may be able to deal with us anonymously or by using a pseudonym. You do not have to identify yourself or provide us your personal information, but if you do not do so, our interactions will be limited and we will generally not be able to provide any services to you.
What kinds of personal information do we collect, and how do we do so?
We collect various kinds of personal information in carrying on our business. We only collect personal information that is reasonably necessary for, or directly related to, one of more of our functions or activities. The kinds of personal information we collect about you will depend on the nature of your relationship with us.
If you are a client that receives legal services from us (or a potential client), or you wish to use the Platform, then we will need to collect personal information about you. The personal information we may collect may include identification information (such as your full name, address and date of birth, and other information contained in identification documents you may provide to us in order for us to verify your identity), financial details and information (such as banking and payment details), your location, the location from which you carry on business, usernames and passwords that you create in respect of your use of the Platform, records of our communications with you and of your use of the Platform, any information provided by you in using the Platform, your tax file number, your personal or professional contact information, your employment information, details about your professional certificates, qualifications, licences or memberships, information about a property to be sold or acquired by you (including land title details, the purchase/sale price, and relevant financiers or mortgagees), and other information of a similar nature. We may collect this information from you, your employer, your authorised representatives, or from sources you would expect us to collect your personal information, such as other parties to a transaction in respect of which we act. We primarily collect personal information via the Platform, including as part of the account application and opening process. However, we may also collect personal information if you contact us by telephone, email, or some other means.
We also collect information about people who are our contractors, suppliers, business partners and services providers, or who are employed by or representatives or contractors of such people. We collect information that is necessary to establish, maintain, evaluate and conduct a business relationship with such people. The personal information we collect may include the kinds of information described above. We may collect this information from you, or from sources you would expect us to collect your personal information, including referrers and referees, as well as publicly available sources.
We also collect information from you when you use our website, including location information (if enabled on your device), your internet protocol or ‘IP’ address, information about the electronic devices (computers, mobile phones or tablets) you use to access our website and how you use them, including details relating to your devices, their operating systems, browsers, other installed applications and settings, and details of the ‘Wi-Fi’ network or mobile network used by your device. We use cookies for analytical, technical and functional purposes, as well as to help us improve and develop the way the website works, to record or ‘remember’ visitor preferences, as well as to record when and how a visitor has used the website (such as when a visitor has seen a page).
We may also collect personal information from promotional and marketing activities undertaken by us or seminars or events we deliver or host.
What kinds of personal information do we hold, and how do we do so?
We hold all personal information we collect and all information we collect will be held securely and in accordance with the Privacy Act. We hold personal information for the same purposes for which we collect it.
We may hold personal information in hard copy or electronically, including by using Australian-based cloud services. We have adopted and will maintain administrative, technical, and physical safeguards designed to protect the personal information held by us from unauthorised access, accidental loss and unauthorised modification. All service providers we use are required to hold personal information in accordance with the Privacy Act and to comply with appropriate information security standards.
We cannot provide any assurance regarding the security of information transmitted to us online, including via the Platform, as the internet is inherently insecure. Information you transmit to us online is at your own risk. In the event of any loss, or unauthorised access or disclosure of your personal information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with the Privacy Act.
We will only retain your personal information for as long as is reasonably necessary or prudent in the circumstances. We will take reasonable steps to securely destroy or de-identify personal information when it is no longer to be retained by us.
The purposes for which we collect, hold, use and disclose personal information
The purposes for which we collect, hold, use and disclose your personal information will depend on the nature of our relationship and may include to:
conduct conflict checks and verify your identity;
contact you;
provide legal services to our clients and carry out our functions and activities as a provider of legal services;
act as a deposit holder under a contract and carry out our functions and activities as a deposit holder including as may be authorised by you or a person you are authorised to represent;
seek to engage you, either as a client or as a service provider, and to manage contractual or other arrangements between us on an ongoing basis;
enable you to use the Platform;
enable us to effectively operate the Platform;
develop new features and improve the Platform; and
comply with and fulfil our legal, regulatory, accounting, reporting, risk management, auditing or professional obligations, needs or requirements.
With respect to identity verification, we are a participant in a digital identity network, ‘ConnectID’, that enables individuals to request various organisations with whom they have a relationship to provide identity verification and attribute information about them to us. Any transfer of digital identity data between us and a relevant organisation will only be done at the request and option of the individual and with the individual’s express consent. We may also use other services to undertake identity verification.
Disclosure of your personal information
The people to whom we may disclose or share your personal information will depend on the nature of our relationship and the purpose for which it was collected, and may include:
our clients and their authorised representatives;
our related or affiliated companies;
counterparties to a transaction of which our client is or intends to be a party and their authorised representatives;
our professional advisers, auditors and insurers;
our subcontractors and people to whom we outsource services or functions;
our service providers, including technology service providers (including cloud service and data storage platforms) and providers of mailing house, marketing, research, data analysing, banking, payment, client contact, data processing, insurance, forensic, litigation support, data room, marketing and security services;
people with whom we have co-promotional arrangements (such as jointly sponsored events) or third parties assisting us with events;
professional bodies, such as the Queensland Law Society and equivalent bodies of other jurisdictions;
regulatory authorities, courts, tribunals, government agencies, law enforcement agencies and other third parties; and
people you have authorised to receive your personal information or who we are otherwise authorised to provide your personal information.
Direct marketing
We may use your personal information to send you direct marketing communications, including in respect of our products and services, as well as those offered or made available by any of our related companies or associates that we believe you may have an interest in. These communications may be sent in various forms, including by posted mail and email. If we use your personal information for the purpose of direct marketing, we will provide you with a simple means by which you may easily ‘opt out’ or request not to receive direct marketing from us.
Accessing and correcting your personal information
We will endeavour to ensure your personal information that we hold is accurate, up to date, complete, relevant and not misleading. You have a right to request access to or a correction of your personal information held by us. If you feel your personal information needs to be corrected, is not accurate, complete or up to date, then please contact us using the details set out below. If you wish to access or correct any personal information we may hold about you, please contact us using the details set out below.
How can you complain about our handling of personal information?
If you have a complaint or any concerns about our handling of your personal information, then you may make a complaint to us using the contact details set out below. We will take any privacy complaint seriously and our Privacy Officer will investigate all complaints received. We aim to respond to complaints in a timely and efficient manner, and our target response time is 30 days. We request that you cooperate with us during this process and provide us with relevant information we may require.
If you are not satisfied with our response then we request you contact us so that we may discuss your concerns and seek to address them. Alternatively, you can lodge a complaint with the Office of the Australian Information Commissioner and information on how to do so is available on their website, https://www.oaic.gov.au/privacy/privacy-complaints/.
Copies and other forms of our Privacy Policy
You can request a hard copy of our Privacy Policy to be sent to you free of charge. If you would like a copy of this Privacy Policy in a particular form (for example, on audio disc), then please contact us and we will accommodate any reasonable request.
Contact us
If you have any questions relating to this Privacy Policy, would like to request a copy of this Privacy Policy in another form, or if you have any concerns about the way in which we have handled your personal information, then please contact our Privacy Officer by email to info@thedepositholder.com.au or by post to:
Attn: Privacy Officer
The Deposit Holder Lawyers
GPO Box 461
Brisbane QLD 4001