Privacy Policy

Privacy Policy

This is the privacy policy of Higher Commercial Pty Ltd (663 241 629) and Higher Real Estate Pty Ltd (ACN 663 063 867) (‘Higher Commercial’).

The purpose of this policy is to ensure that any individual who provides information to Higher Commercial is protected under Australian law in accordance with the Privacy Act 1988 (Cth) (‘Privacy Act’).

We seek to protect and maintain the privacy, accuracy and security of your personal information. We will comply with the Australian Privacy Principles (‘APPs’) in the Privacy Act.

Words defined in the Privacy Act have the same meaning when used in this policy.

Collection of information

We may collect personal information about you such as:

  • your name, current address, previous address details;
  • date of birth and gender;
  • email addresses and telephone and or mobile numbers;
  • current and previous employment information;
  • profession, occupation or job title;
  • information in respect to a will or estate;
  • copies of photo identification (e.g. driver’s licence, passport, student ID); or
  • any other personal information relevant to the service we are providing to you.

How we collect personal information

We collect personal information in a variety of ways. We mainly collect information from you when you knowingly provide it to us (including via our website), but we may also collect information (such as your email or postal address among other things) when you make a request or enquiry of us or when you engage us to provide services to you.

We collect information from you:

(a)                when you use our website;

(b)               when you contact us through social media or other third party websites or applications;

(c)                during conversations between you and our representatives;

(d)               through you giving us your business card;

(e)                when you make an enquiry about a property we are listing;

(f)                 when we are facilitating the sale, purchase, advertising of properties and businesses;

(g)                when we record persons entering a landlord or seller’s property (e.g. for inspection, survey or appraisal purposes); and

(h)               when we are facilitating the leasing of properties (including advertising the properties) and acting as property manager.

We may also collect personal information from third parties including from:

(a)                other real estate agents (such as when the agency is involved in a conjunctional sale of land or when we act for a buyer in a transaction);

(b)               your representatives (e.g. solicitor, conveyancer, accountant or financial adviser);

  • your current or former employer(s);
  • data bases kept by third parties (such as individual’s rental histories);
  • when sent to us by email or other communication from third parties;
  • law enforcement agencies and government entities; and
  • strata or bodies corporate, strata or body corporate managers and on-site managers.

We may also collect personal information from publicly available sources such as the South Australian Integrated Land Information System (SAILIS), local councils, websites, or telephone white pages.

Generally, we will collect personal information directly from you, unless it is unreasonable or impracticable for us to do so.

We do not collect sensitive information about you such as your racial or ethnic origin, political opinions, religious beliefs or affiliations.

Where you provide personal information on behalf of another person, you warrant that the other person has consented to the collection of their personal information for the reasons it is being collected.

If you do not provide personal information

The main consequence for you, if some or all of the above personal information is not collected by us is that we may not be able to provide products, services or information to you, or be able to provide them to the same standard of service as if we had the information requested.

Why we collect, hold and use and disclose personal information

We collect, hold, use and disclose personal information about individuals when we need it to carry on our business functions or to comply with laws.

We may collect, hold, use and disclose your personal information to answer your enquiry or to provide the information or service that you requested.

We may also collect, hold, use or disclose your personal information:

(a)                to provide products and services to you and to send related communications requested by you;

(b)               to response to your submissions, enquiries, feedback, comments or complaints;

(c)                to verify your identity;

(d)               to enable us to develop, administer and manage our services and business;

  • to make an offer on your behalf or put forward an offer from you to our client;
  • for statistical purposes;
  • to update our records and keep your contact details up to date;
  • future promotional and marketing purposes including direct marketing;
  • for research purposes to better improve our websites or services; and
  • when authorised or required by law.

Direct Marketing

Higher Commercial may send you marketing material. You may choose to “opt-out” of receiving this material by emailing higher@highercommercial.com.au. Higher Commercial will not charge you any additional cost or in any way disadvantage you for choosing to “opt-out” of receiving marketing material.

When we may disclose your personal information to third parties

In the course of conducting our business we may provide your personal information to:

(a)                CoreLogic RP Data;

(b)               provide products and services to you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, utilities providers, tradesmen and professional advisors such as accountants, solicitors, business advisors and consultants;

(c)                our suppliers and other third parties with whom we have commercial relationships, for business, marketing, and other purposes related to our business; and

(d)               our professional advisers, including our lawyers, auditors and accountants.

We may disclose your personal information to third parties:

(a)                to meet the purpose for which it was submitted;

  • if we have your consent to do so or otherwise when we are authorised by law; or
  • if we are required by law to disclose the information.

Overseas recipients

Higher Commercial may provide your personal information to our contractor based in the Philippines for business purposes, or if you are selling or purchasing a property from an individual residing overseas. It is unreasonable to list all countries in which a potential seller or purchaser of a property could be residing.

Security

All personal information held by us will be handled and stored in accordance with our obligations under the Privacy Act. We will take reasonable steps to:

(a)                make sure that the personal information we collect, use or disclose is accurate, complete and up to date;

  • protect the information from misuse, interference, loss or unauthorised access, modification or disclosure both physically and through security methods; and
  • destroy or permanently de-identify the information if it is no longer needed for any purpose.

Website

When you visit our website, we or agencies on our behalf and our internet service provider may monitor and take a record of your visit and log “clickstream data” for statistical purposes such as your server’s IP address, general geographic locations, browser type, browser version and language, operating system, pages viewed while browsing the site, page access times and referring website address. This collected information is used internally for the purpose of gauging visitor traffic, trends and delivering personalised content to you while you are on this site.

This privacy policy is strictly limited to the collection, storage and use of personally identifiable information collected by Higher Commercial, in the course of business, and does not apply to any third parties. We have no control over the privacy practices or the content of any third party websites and assume no liability for the privacy practices of these websites.

Any link on the Higher Commercial site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of www.highercommercial.com.au

Privacy

At your request we will provide details of the personal information we hold about you. The release of information is subject to some exceptions such as information relating to existing or any anticipated legal proceeding, together with exceptions provided by the Privacy Act.

Unless unusual circumstances apply, we should provide access to you within 30 days of the request.

We reserve the right to charge a fee for providing access to your information when permitted by law.

To protect your personal information, the request to us must be in writing and can be sent by letter or facsimile or email. All correspondence should be addressed to:

Mail:     Attention: Marketing Coordinator

Higher Commercial

72 King William Road

GOODWOOD SA 5034

Email: higher@highercommercial.com.au

Our objective is to respond to any request within a reasonable timeframe.

We also aim to ensure that your personal information is accurate, up to date and complete. Amendment of personal information will be conducted upon written or verbal request from you. You can contact by writing to our Marketing Coordinator to do this.

Complaints

We are committed to the protection of your privacy and personal information. Complaints you may have about your personal information can be lodged with us by using the contact details above.

We will attempt to resolve any complaints within 10 working days. If resolution is not possible within this timeframe we will contact you to discuss the matter further.

You also have the right under the Privacy Act to make a complaint to the Information Commissioner.

Changes to this policy

This policy is subject to change over time without prior notice. We may amend this policy by updating this posting.

Copies of this policy

You can ask us to provide you with a copy of this policy, including a hard copy, by contacting us using the contact details above.

Date published: January 2025