Privacy Policy

Introduction

1. This website http://www.edenbraehomes.com.au (the “Site”) is owned and operated by Eden Brae Holdings Pty Limited (ABN 42 083 807 489) (“EBH”). EBH is a licensed builder (Licence Number 120300C).
2. In addition to this privacy policy, the following also constitutes the entire agreement between EBH and you:

   1. EBH Website Terms and Conditions of Use.

   2. EBH Disclaimer.

   3. Any other terms and conditions EBH provides to you from time to time.

What is personal information?

1. Personal information is defined as information or an opinion about an identified individual, or an individual who is reasonably identifiable whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not.
2. Sensitive information encompasses information including health information and information about a person’s race, ethnicity, political opinion, religious and philosophical belief, sexual preferences, membership to a political association, professional or trade association or trade union and criminal history.
3. In this privacy policy, we will refer to personal information and sensitive information collectively as personal information however EBH will not collect sensitive information about you unless you consent or unless it is required to do so by law.

Purpose of this policy

1. This privacy policy describes how EBH collects and uses your personal information.
2. This is the privacy policy which applies between you and EBH. Please read this privacy policy carefully, because by using the Site:

   1. you are confirming that you have not only read this privacy policy but that you agree to be bound by it when using the Site; and

   2. you agree that this privacy policy applies to the submission and processing of any queries from the Site or any of your other dealings with EBH.

3. EBH respects the rights and privacy of all individuals and is committed to complying with the Privacy Act 1988 (Cth) (the “Privacy Act”) and the Australian Privacy Principles (the “APPs”) and protecting the personal information EBH holds.

How does EBH collect personal information?

1. The information EBH collects may fall into two (2) categories:

   1. personal information you voluntarily supply to EBH to make any enquiry in relation to your use of the Site or in relation to any of the products and services offered or provided by EBH which will identify you personally (either in person, by telephone, letter, facsimile, email or when you visit the Site); and

   2. tracking information EBH may collect as you navigate through the Site (such as cookies, tags, web beacons, your IP, referral source, length of visit, page views and navigational data collection). Whilst this information is generally not linked to your personal identity, except where you have identified yourself (for example via e-mail), EBH may use this information collected to obtain a better understanding of your experience and what products or services may be of interest to you.

What personal information does EBH collect?

EBH collects the types of personal information required to:

1. assist EBH in answering your queries in relation to your use of the Site;

2. provide further information in relation to its products and services;

3. place a deposit on a new home; and/or

4. otherwise allow EBH to assist you in relation to its products and services.

This includes personal information such as:

1. your name, residential address, date of birth, phone number, email, financial information and other personal information you provide to EBH;

2. information to assist EBH’s relationship management and market research functions, which may include information relating to your interests and preferences; and

3. other information that you provide to EBH for the purpose of registering with EBH, subscribing to the Site, email notifications and for the purpose of eligibility for finance. This information may include contact details, financial information, employment and current living conditions.

How does EBH use your personal information?

EBH will use personal information you provide for the primary purposes of:

1. administering EBH’s relationship with you by:

   1. responding to your enquiries;

   2. providing you with information about the good and services provided by EBH that may be of interest to you;

2. informing you about EBH’s business (including new homes, homes for sale and its deals and offers);

3. improving EBH’s business;

4. transactional information about your experience with the products and services of EBH (for example, feedback that you provide to EBH); and

5. otherwise allowing EBH to provide its products and services to you.

EBH may also use your personal information for a secondary purpose related to the primary purposes set out above.

By submitting your personal information, you consent to EBH using it for the purposes set out in this Policy.

Unsolicited information

If EBH receives unsolicited personal information (that is not sensitive information) and the personal information is reasonably necessary for, or directly related to one or more of the functions or activities of EBH then the personal information is deemed to have been collected that same as if it were solicited from the individual concerned.

Will your personal information be disclosed to third parties?

1. Yes it may be. EBH will only disclose personal information collected from customers, suppliers, service providers, applicants, employees, Site visitors, temporary team members or contractors internally or to its related entities (including the Eden Brae Group of Companies) or third party organisations and contractors where disclosure is necessary to achieve the primary or secondary purpose or for the purpose of direct marketing.
2. You also consent to the personal information about you being processed, transferred and/or disclosed by EBH in the following circumstances:

   1. To various regulatory bodies and law enforcement officials and agencies, including but not limited to protect against fraud and for related security purposes.

   2. To EBH’s related entities, partners and brands (including but not limited to the Eden Brae Group of Companies).

3. Other than the above, EBH will not disclose your personal information without your consent unless permitted or required to do so by law.

Can you remain anonymous or withhold personal information?

1. Where practical you may choose not to identify yourself and deal with EBH on an anonymous basis or use a pseudonym.
2. In some instances, if you do not provide EBH with required personal information EBH may not be able to provide you with the requested products and services.

Will you receive direct marketing?

1. If you provide EBH with your personal information, you consent to receiving direct marketing communications from EBH and authorise EBH to send you promotional messages and materials related to the products and services of EBH, unless you submit a request not to receive direct marketing communications.
2. EBH’s direct marketing messages and materials will contain a prominent statement (including, for electronic messages, a functional unsubscribe facility) that you may request not to receive direct marketing communications.
3. If you do not wish to receive marketing or other communications from EBH, please submit a request not to receive direct marketing communications or use the unsubscribe facility provided in the most recent communication from EBH or contact EBH on the details provided.

Will your information be disclosed overseas?

1. Yes it may be. EBH will only disclose personal information collected from customers, suppliers, service providers, applicants, employees, temporary team members or contractors to an organisation or individual in a foreign country in limited circumstances.
2. EBH will only provide your personal information where it reasonably believes the recipient is subject to binding laws or contracts which effectively upholds the principles of privacy which are substantially similar to the APPs, or where EBH has taken all reasonable steps to ensure information will not be held, used or disclosed by the recipient in a manner which is inconsistent with the APPs.
3. EBH may also provide your personal information where it is necessary in order to perform and conclude a contract that exists between you and EBH.
4. Such disclosure may include the transfer of your information between EBH and its service providers. EBH notes that some service providers may back-up personal information in the Cloud, which could also be located overseas.

How can you access and correct your personal information?

1. You generally have the right to access your personal information free of charge, subject to some limitations contained in the Privacy Act.
2. The APPs set out some circumstances in which EBH is not required to provide you with such access. If you ask for your personal information and any of these circumstances exist, you may be given access to the personal information in a way that is permitted under the Privacy Act.
3. To protect personal information held by EBH, you may need to confirm your identity before access to your personal information is granted. It may take a little time to process your application for access and retrieve information from storage (if applicable) and EBH may ask you to provide photo identification, or supply specific particulars pertaining to your identity.
4. EBH encourages you to update your personal information so that EBH has accurate, current and complete information. You may correct any errors or request that EBH delete all or some of your personal information. You may also submit a request not to have any further contact from EBH.

Where and how your information is stored

1. Where EBH stores your personal information depends on the product or service you have requested from EBH.
2. EBH takes reasonable precautions to protect personal information it has collected and stored. These precautions may include, but are not limited to security systems and monitoring, secure access to offices and archives, encrypted passwords, firewalls, anti-virus programs and other security measures put in place to prevent accidental or malicious loss of data or personal information.
3. While EBH takes reasonable precautions to protect the personal information it possesses, unfortunately there is always risk involved with storing information. Therefore, EBH cannot guarantee or warrant that personal information will not be stolen or used without permission.
4. EBH will not be responsible for any unauthorised access, disclosure or use of your personal information. If you suspect that someone has your personal information collected by EBH, and you do not wish for them to have it, please the EBH Privacy Officer immediately.
5. The employees, related entities and contractors of EBH only have access to your personal information to a level that is necessary for them to perform their duties.
6. In some instances, EBH may retain hard (physical) and/or soft (electronic) copies of certain documentation for prescribed periods. Where personal information is no longer required, EBH will destroy or de-identify the information.

How can you complain about privacy breaches?

1. If you have a complaint in relation to the collection, use and/or disclosure of your personal information, please contact the Privacy Officer via the details provided below. The Privacy Officer will review all complaints received and respond to each complainant upon due consideration (which may require further information to be provided).
2. If you are not satisfied with how EBH have dealt with your complaint or if it has been unable to resolve your complaint, under the Privacy Act, you can make a complaint to the Office of the Australian Information Commissioner (“OAIC”). The procedure for making a complaint with the OAIC is located at the following website: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.

Will this privacy policy change?

EBH may amend this privacy policy from time to time without notice to you. Amendments will be effective immediately upon it being made.

Who can you contact about your personal information?