1.1 MAKE OPERATING PTY LTD ACN 646 768 676 (Make an Offer, we, us, our) is bound by the Australia Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). We understand the importance of, and are committed to, protecting your personal information. This policy informs users and prospective users (user, you) of our real property lead generation platform (the Platform) as to:
- a) the types of personal information we collect from you or that you may provide when you access or use the Platform;
- b) the purposes for which we collect, hold, use and disclose personal information;
- c) our privacy practices for collecting, using, maintaining, protecting, and disclosing personal information; and
- d) how you may access your information, seek correction of your information and make complaints if you think we have breached any privacy laws and how we deal with such complaints.
3. What information do we collect?
3.2 The types of information we collect depends on the nature of our engagement with you and the types of services you receive via the Platform. The types of information collected by us may include:
a) general information (such as your name, age and title);
b) contact information (such as your physical address, contact number and email address);
c) transaction information (such as information about products and services you have purchased from us or third party providers);
d) technical information (which includes information about how you use the Platform including login identity, IP and MAC addresses, the command functions you use, and when you log in and out);
e) marketing information (which includes your preferences in receiving marketing communications from us and any sales data relating to purchases of products and services); and
f) payment information (which includes card or other payment information, and bank details).
3.3 If you provide a third party's personal information (such as if you are an agent providing information on behalf of a buyer or seller) you must ensure that you have obtained the necessary consent of that third party.
3.4 In the first instance, e.g. when accessing our website or contacting us via telephone or other means, you can deal with us anonymously (e.g. without giving us your name and contact details). If you contact us by phone or other means and ask to remain anonymous, you may do so, and we will try to respond without seeking identifying details. However, if you choose to engage us for our services, or register as a subscriber for our Platform, we will not be able to do so if you remain anonymous. Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.
4. How we collect your personal information
4.1 Personal information will generally be collected directly from you. For example, we collect personal information when you provide information directly to us, for example when you:
a) create or register a user account on the Platform;
b) subscribe as an agent in a particular geographical area;
c) use the Platform or participate in any interactive features of the Platform;
d) communicate or interact with us by telephone, email, online (including through our Platform) or in person;
e) respond to any surveys or marketing materials we may send out;
f) interact with other users of the Platform;
g) request customer or technical support; or
h) otherwise communicate with us.
4.2 When providing your personal information, please provide only relevant information and do not provide unnecessary information, (e.g. drivers licence numbers, credit card information or other unnecessary personal information) when it is not needed. In addition, your user account credentials for our Platform should be kept confidential.
4.3 Make an Offer does not store payment details of its users. We use third party payment gateway providers, such as PayPal, to process payments made for our services made on the Platform.
4.5 The Platform is not intended for use by children and should not be accessed by individuals under the age of 18 years old or the age of majority (Age Limit). We do not intentionally seek to gather information from individuals under the Age Limit nor do we anticipate them to be engaging with the Platform or services. We strongly encourage parents and guardians to provide adequate protection measures to prevent minors from providing us with any personal information. We will, upon notice or discovery, take all reasonable steps to securely remove, erase or destroy any personal information that may have been collected or stored by us about any person under the Age Limit without our knowledge.
4.6 In certain cases we may collect personal information from publicly available sources and third parties, such as suppliers, contractors, our clients and business partners.
4.7 If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.
5. Automated information collection
5.3 Our Platform may also use third party website tools from time to time, for example data analytics and online survey tools.
6. Our purposes for handling your personal information
6.1 As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances.
6.2 We collect, hold, use and disclose information, including your personal information, primarily for business purposes that are directly related to our business activities and when it is necessary and relevant to our relationship with you. We may collect information, including personal information, for the following purposes:
a) providing our Platform and its functionality to you and other users;
b) verifying your identity and information and facilitating account creation so that you may have access to the Platform;
c) connecting you with other users for the purpose of generating leads;
d) communicating with you and administering our services, such as sending you invoices and renewal reminders;
e) monitoring and analysing Platform usage and trends, and to personalize and improve the Platform and users’ experience with the Platform, such as providing content or features that match their profiles or interest, and to increase the Platform’s functionality and user friendliness;
f) for other purposes to which you have consented and related purposes which would be reasonably expected by you; and
g) as otherwise authorised or required by law.
We also may use, disclose or otherwise transfer and assign your information:
a) in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency;
b) to establish or exercise our legal rights;
c) to defend against legal claims;
d) to comply with applicable laws and regulations;
e) to detect and prevent fraudulent activity; or
f) to protect and defend the rights, property or safety of our company, our customers, our employees, or others.
6.3 We will not use or disclose your personal information for any other purpose unless you have consented to that use or disclosure.
6.4 We may disclose personal information to third parties such as our suppliers, organisations that provide us with technical and support services, or our professional advisors, where permitted by the Privacy Act. If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.
7. How we share your personal information
7.1 We may disclose your personal information to third parties set out below for any of the purposes set out above. The types of third parties to whom we disclose personal information include:
a) subscribing real estate agents within a geographical area relevant to your property or offer;
b) third party vendors that offer their products and services to you through the Platform;
c) law enforcement and government agencies for reporting and compliance purposes;
d) persons who you authorise to access and use our Platform, products and services or who have authorised you to access and use our Platform, products and services;
e) your organisation and its representatives; and
f) to a third party organisation in connection with a business transaction involving Make an Offer, such as the sale of our business, a divestiture, merger, consolidation, asset sale, or the like or in the unlikely event of winding up.
8. Protection of personal information
8.1 We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas.
8.2 We maintain appropriate physical, procedural and technical security for our offices and information storage facilities so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of personal information. This also applies to disposal of personal information.
8.3 We further protect personal information by restricting access to personal information to only those who need access to the personal information do their job. Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of your personal information.
8.4 We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.
9. Direct marketing
9.1 Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new opportunities. We may provide you with information about new products, services and promotions either from us, or from third parties which may be of interest to you.
9.2 We will not disclose your personal information to third parties for marketing purposes without your consent.
9.3 You may opt out at any time if you no longer wish to receive commercial messages from us. You can make this request by contacting our Privacy Officer.
10. Accessing and correcting your personal information
10.1 You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from your reasonable costs incurred for providing you with access to any of the personal information about you held by us.
10.2 We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.
10.3 We will respond to all requests for access to or correction of personal information within a reasonable time.
11. Overseas transfers of personal information
11.1 The Platform is hosted in Australia. If you access the Platform from a country other than Australia, your data will be transferred to Australia.
11.3 If in future we do propose to disclose personal information overseas, we will do so in compliance with the requirements of the Privacy Act. We will, where practicable, advise you of the countries in which any overseas recipients are likely to be located.
11.4 By providing your personal information to us, you consent to us disclosing your personal information to any such overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures.
11.5 From time to time we may engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that the use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider. However, by providing us with your personal information, you consent to the storage of such information on overseas servers and acknowledge that APP 8.1 will not apply to such disclosures.
11.6 For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able seek redress under, the Act.
12. Third party providers
13. Resolving personal information concerns
The Privacy Officer
[Insert address details]
13.2 We take all complaints seriously, and will respond to your complaint within a reasonable period.
13.3 If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Telephone: 1300 363 992
Last revised: 21 November 2022