Privacy Policy

Blackburne Property Group Pty Ltd (Blackburne) and its related entities recognises the importance of protecting the privacy of personal information and sensitive information collected in a number of ways including:

• from publicly available sources of information;
• when you visit our website and / or via software, such as cookies and web or tracking pixels;
• from you directly;
• from third parties;
• from our own records at Blackburne; and
• When legally required to do so.

Personal Information and Sensitive Information

Personal information refers to information or an opinion about an identified individual or an individual who is reasonably identifiable.

Sensitive information refers to information or an opinion about an individual’s personal preferences and characteristics (such as race, ethnicity, political opinions, memberships, religious or philosophical beliefs and sexual preference), health information about an individual, genetic information and/or biometric information. Sensitive information is afforded a higher level of protection than other personal information.

Kinds of information held and collected by Blackburne

Personal information held by us is collected only when knowingly and voluntarily submitted by you. When you register your interest or otherwise in the course of us providing our services to you, we may need to collect personal information which may include your name, job title, telephone/mobile phone number, e-mail address, and postcode. Sensitive information held by us is collected only when knowingly and voluntarily submitted by you. Although we will rarely hold and/or collect this kind of information, the information we may hold includes your preferences and interests. At all times, we will take reasonable steps to obtain your express consent where we propose to handle your sensitive information. Collecting information from you Generally:

• we will tell you why we are collecting information when we collect it and how we plan to use it or these things will be obvious when we collect the information; and
• we will only use your personal information if and when we need to contact you.

For example, we may need to collect such information to provide you with further services or to answer or forward any requests or enquiries. It is our intention that this policy will protect your personal information from being dealt with in any way that is inconsistent with applicable privacy laws in Australia. If you choose not to provide personal information to us, we may not be able to provide you with access to the parts of this Site or to certain content, products and services available on or from this Site or generally from Blackburne.

Use of Information

Purpose of collecting and holding information

We use your information to provide our services to you or to fulfil administrative functions associated with these services. Personal information is used only for the purpose for which it is submitted or for such other secondary purposes that are related to that purpose, unless we disclose other uses in this Privacy Statement or at the time of collection.

Primary purpose refers to the particular purpose for which the information in question was collected. For example, if we were to provide you with a newsletter and we asked for your address to send it to you, the primary purpose for the collection for your address would be to send the newsletter to you at your address.

Secondary purpose is any purpose other than the primary purpose for which we have collected your personal information. Personal information will only be disclosed or used for a secondary purpose where;

• you have consented to the use or disclosure;
• you would reasonably expect Blackburne to use or disclose the information for that secondary purpose;
• the use of disclosure is required by or under an Australian law or a court/tribunal order;
• a ‘permitted general situation’ exists, such as lessening or preventing a serious threat to life, health or safety, locating  a missing person or to undertake a confidential alternative dispute resolution process; and
• Blackburne reasonably believes that the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conduct by or behalf of an enforcement body.

We usually collect personal information such as your name, telephone number, and in some instances, some of your business details. When you are on our website, we may collect information regarding the pages within our network which you visited, what you clicked on and your IP address. As a general rule we do not collect sensitive information. However, if we do, it will usually be for the purposes of providing our services and if the law requires us to, we will seek your consent to collect it. If you subscribe to receive promotional or other material from us or are registered for any services, then your personal information that you provide will be recorded. Your email address will only be used for the purpose for which you have provided it (which may include being added to our mailing list, and in the instance when we are delivering a project in partnership with another company it may also include being added to the partner’s mailing list for that particular project) but otherwise it will not be added to any other mailing lists.

• From time to time, Blackburne may also use your information to contact you for market research purposes. Blackburne may contact you by email, phone, fax or mail. Blackburne may use the information to customise the website according to your interests.
• Blackburne will not sell, distribute or lease your personal information to third parties unless it has your permission or is required by law to do so. Blackburne may use your personal information to send you promotional information about third parties which it thinks you may find interesting if you tell us that you wish this to happen.

Parties who will have access to personal information

Generally, your personal information will only be accessed by Blackburne staff and officers when and where it is appropriate or necessary. However, your personal information may also be accessed, from time to time, by external parties such as;

• Blackburne contractors and service providers who assist Blackburne in the operation of its business or to provide a customer service (for example, a company distributes a mail out to clients);
• Blackburne project partners and suppliers;
• third party lenders and insurers;
• anyone authorised by a provider of personal information; and
• relevant parties and government agencies in situations when Blackburne is required by law to provide the information.

Where a party, other than an employee or officer of Blackburne, has access to the personal information of individuals, they will be required to comply with the Privacy Act (1988) (Cth) and the Australian Privacy Principles and, where appropriate, to enter into privacy agreements with Blackburne.

Use of Aggregate Data

We may use personal information in aggregate form to improve our services and make them more responsive to the needs of our customers. This statistical compilation and analysis of information may also be used by us or provided to others as a summary report for marketing, advertising or research purposes.

Period for which records are held and Information Retention and Destruction Practices

We have a policy in place for determining whether we will retain or destroy records of personal information. We periodically review the records of the personal information we hold. Where we have held such records for X number of years or have records for a project of plan which was completed X number of years ago in our possession, we will take reasonable steps to determine whether it is appropriate for Blackburne to retain or destroy that information. Anonymity or pseudonyms Where we make use of personal information for statistical or marketing purposes, we will endeavour to make use of pseudonyms and/or to make the applicable personal details anonymous.

Holding personal and sensitive information and security

Holding information securely

We strive to ensure the security, integrity and privacy of personal and sensitive information of our clients. We use a variety of physical and electronic security measures including restricting physical access to our offices and firewalls and secure databases to keep personal information secure from misuse, loss or unauthorised use or disclosure. In relation to personal information provided through our website, unfortunately, no data transmission over the Internet can be guaranteed to be totally secure.

Receipt of unsolicited personal information

Unsolicited personal information is information received by an APP entity where the entity has taken no active steps to collect the information. When and where Blackburne receives unsolicited information Blackburne will need to determine whether it could have collected the information under Australian Privacy Principle 3 (which governs the collection of solicited personal information). Where Blackburne could not have collected the information under Australian Privacy Principle 3, Blackburne will destroy or de-identify the information as soon as practicable, so long as it is lawful and reasonable to do so.

Accessing and correcting Personal Information

Accessing personal information

• You have a right to access most personal information we hold about you and if we deny access in some circumstances we will tell you why. You may request details of personal information which we hold about you. A small fee will be payable. If you would like a copy of the information held on you please write to:
• Level 1/10 Rokeby Rd, Subiaco WA 6008

You can make a request for access to your personal information under the Privacy Act 2013 (Cth) or under the Freedom of Information Act (1992) (WA). Should you experience difficulty in determining the correct route by which to request access to your personal information, please contact us and we will provide you with assistance. To request access, please contact our privacy officer as set out at the end of this document. We reserve the right to charge a fee for locating and providing you with your personal information.

Correcting personal information

• You have a right to request the correction and/or amendment of your personal information.
• If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Applications to have personal information held by Blackburne corrected or amended can also be made in writing to the Freedom of Information Co-ordinator (see details set out at the end of this document), should provide enough information to determine what changes are required and should provide current contact details.

Restricting personal information

You may choose to restrict the collection or use of your personal information in the following ways:

• whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes;
• if you do not click this box, we may use your information as part of its our database for marketing purposes, including by telephone and electronically; and
• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at blackburne@blackburne.com.au.

Cookies Policy

A cookie is a small text file stored on your computer’s browser. Many cookies from websites will be visible from your browser. You will usually find information on cookies and how to manage them under “options” or “settings” in your browser. You can choose to see cookies before deleting them and to keep cookies from some sites. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website Generally Blackburne use traffic log cookies to identify which pages are being used and learn about the way you interact with Blackburne’s content and to help us improve your experience when visiting Blackburne’s website. This helps us analyse data about web page traffic and improve the Blackburne website in order to tailor it to customer needs. Blackburne only uses this information for statistical analysis purposes and the data is then removed from the system.

Blackburne may record your visit through the use of cookies and may log the following information for purely statistical purposes:

• your server address;
• your to-level domain name (eg. .com, .gov, .uk, etc);
• the date and time of your visit to Blackburne’s site;
• the pages accessed and documents downloaded by you;
• the previous site(s) visited by you; and
• the type of browser used by you.

Blackburne will not facilitate the merging of personally-identifiable information with non-personally identifiable information collected through any cookies, tracking / web pixels or Google advertising products or features, unless it has robust notice of and the relevant party’s consent to that merger. Blackburne’s website also makes use of third party cookies – these are cookies sent by businesses that provide content, such as advertising, on websites that you visit – that is, businesses other than Blackburne. Third party cookies are used on Blackburne’s website to enable remarketing and reporting for impression assisted visits, website conversions, user demographics and user interests. The third party cookies used on Blackburne’s website include, but are not limited to, Google Analytics Advertising Features (via the use of Google advertising cookies), cookies from YouTube and the Facebook tracking / web pixel. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. You should note that cookies may be necessary to provide you with features and / or functions on this website and on other websites. If you want to opt out of the operation of third party cookies – such as those associated with the Google Analytics Advertising Feature – you will need to refer to the privacy policies of the relevant third party website(s).

Information that may be collected Information provided to you

Information contained in any materials or products provided to you by any means including though use of our website may be subject to the Privacy Act 1988 (Cth) and the must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. Blackburne takes no responsibility for any breaches of the Privacy Act 1988 (Cth) and the Australian Privacy Principles by any person in relation to information obtained from the material or products supplied to you by any means including through our website.

Third Party

Via our website In relation to use of our website, we may establish relationships with business partners that allow visitors to our website to link directly to sites operated by these partners. Some of these sites may be “co-branded” with our logo; however, these sites may not be operated or maintained by or on our behalf. These sites may collect personal information from you that may be shared with us. This Privacy Statement will apply to any personal information we obtain in this manner. We are not responsible for the content or practices of websites operated by third parties that are linked to our sites. These links are meant for the user’s convenience only. Links to third party sites do not constitute sponsorship, endorsement or approval by us of the content, policies or practices of those third party sites. Once you have left our site via such a link, you should check the applicable privacy policy of the third party site. You should exercise caution and look at the privacy statement applicable to the website in question. Generally Blackburne has taken steps, and will continue to take steps, to ensure that and/or encourage any domestic third parties it has dealings with to comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles when collecting, holding or using personal information provided to them by Blackburne.

Social Media

When you browse and make use of Blackburne’s social media pages (such as Facebook, Twitter, Instagram, Google+ and YouTube), you are using an external site and are therefore subject to the privacy policies and practices of that site. If you have any questions or concerns regarding that site’s privacy policies and practices, you should review the privacy policy of the relevant site. Blackburne does not endorse, and is not accountable for, any views expressed by third parties using that site. Blackburne records all information posted to its social media pages and uses that information for the purposes of administering the pages, for record keeping, for considering and / or addressing any comments made and for running competitions and campaigns. No attempt will be made to further identify social media subscribers except where requested and authorised by law.

Likely overseas disclosure

It is not standard practice for Blackburne to disclose personal information to overseas recipients. However, there is a possibility that, on occasion, your personal information may be disclosed to an overseas recipient. The location of any potential recipients will vary depending on the project or purpose concerned. Should you have any queries about the potential disclosure of your personal information to an overseas recipient, please contact our privacy officer set out at the end of this document.

Cloud servers

• Indirect overseas disclosure may occur as we back up collected information on a cloud based system provided by a third party data storage provider, as Blackburne and the entities to which is discloses your personal information may, from time to time, utilise cloud-based computing services. In such cases, personal information may be disclosed to hosting entities overseas. As a result, Blackburne will not disclose personal information to entities without a privacy policy meeting or exceeding the standard of stringency contained in this Privacy Policy.

Disclosure

Blackburne will disclose personal information when it permits that information to become known outside Blackburne and where it releases it from its effective control. For example, Blackburne would be said to have ‘disclosed’ your personal information where;

• it shares that your personal information with another entity;
• it publishes your personal information on the internet so that it is accessible by others;
• where one of its staff reveals your personal information in the course of a conversation with a person who does not work for Blackburne; or
• Where one of its staffs sends a document containing your personal information to someone who is not you.

Apart from where you have consented or disclosure is necessary to achieve the purpose for which it was submitted, personal information may be disclosed in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities. Also, we may disclose personal information when we believe in good faith that the law requires disclosure.

Notifiable data breaches

We are committed to protecting information we hold about you, and to compliance with the Notifiable Data Breaches scheme. Where we become aware of a potential data breach which is likely to result in serious harm to any individuals about whom we hold information, we will:

• investigate the suspected breach and determine scope of any breach that has occurred and the risk of harm to affected individuals whose information may have been compromised;
• notify you and the Privacy Commissioner of the potential breach; and
• take steps to minimise any harm caused to affected individuals as a result of the breach.

Notification of Changes

If we decide to change this Privacy Statement, we will post those changes to our website and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

Problems or questions

If you have any queries relating to this Privacy Statement, or you have a problem or complaint, please email us via the contact us section of our website or write to us at the above address.