RightCost abides by the Privacy Act 1988 (Cth), in relation to disclosure, use and storage of personal information.
- Open and Transparent Management of Personal Information
1.1 RightCost will collect personal information of a kind reasonably necessary to:
- Establish your identity for the purposes of buying and selling real property and related property rights in compliance with the laws of Australia and any laws of the place in which you propose to buy or sell property;
- Enable the collection of information regarding the property to comply with the laws relating to the disclosure of information regarding property by potential sellers to potential buyers and to enable potential buyers to make enquiries as to the validity of that disclosure and to make their own enquiries regarding the same and other matters;
- Inform those entities to which information regarding the purchase and sale of real estate with respect to the laws of the place in which you have bought or sold property where such disclosure is required by law or which you authorize RightCost to disclose.
That information may include information to establish your identity and the identity of the property in question, to determine what amounts are owing by you (if any) to statutory authorities in connection with the property or under any mortgage (whether registered or unregistered).
1.2 The information is collected by RightCost as a result of your input and may then be checked against information provided by government, governmental authorities and other agencies to which the Australian Privacy Principles apply.
IMPORTANT INFORMATION - As part of the process of becoming a Registered User on RightCost, you will be asked to provide proof of identity by way of either a Driver Licence or Passport. The document details you provide as evidence of your identity will be checked via the Document Verification Service (DVS). You can find more information about the DVS at www.dvs.gov.au
If you do not provide your Driver Licence or Passport Number or your document is not verified by the DVS, we may not be satisfied as to your identity and you may not be able to become a Registered User on RightCost.
By doing this, we are providing a secure website for everyone in our User community, saving time for our customers by removing the need for paper-intensive and time-consuming manual verification, which means you can start using our services straight away.
Your privacy is protected as RightCost does store your Driver Licence or Passport details and they are only used at the point of registration for ID verification.
- Anonymity and Pseudonymity
If you have used or wish to use a name other than your own name in connection with RightCost, it must match the details on both your title to your property (if you are a seller) and all other details which you may be required to divulge requiring your identity in connection with the purchase of a property required by law.
Examples of situation where your name may not match these details include the use of English names in place of other names, nicknames, patronymics or other family or personal names. Where your name has changed by marriage or by Deed Poll or, in the case of a corporation, the name has been changed; we may require evidence of both the former name, the circumstances of the change of name and evidence of official recognition of the change.
- Collection of Personal Information
3.1 Personal information is information or details provided in connection with an individual or entity's identity. The nature of personal information collected by RightCost generally but not exclusively comprises an individual's or entity's name and contact details (including address, phone, postal address and e-mail) as would be shown on a person’s driver's licence, passport or other forms of identification. Once an individual agrees to become an on-line user of the property sales and purchase the service, an identity check must be completed.
RightCost will ask you to submit personal information via a secure third-party link to establish a 100-point identity check. RightCost does not hold the information collected for the identity check. As part of the provision of buyer and seller services, RightCost will collect personal information connected with the property transaction.
Such personal information is collected for the purposes of:
(a) verifying the identity of RightCost users and customers in order to ensure that RightCost services are not used in connection with and to perpetuate any fraudulent, misleading or deceptive conduct;
(b) completing any legal documentation required to give effect to the sale or purchase of a property via RightCost; and
(c) facilitating the provision of services by approved third parties as requested by the individual or entity.
3.2 RightCost also collects other types of personal information from time to time (e.g. credit information), and will inform you upon collecting such information the purpose for which it is being collected.
3.3 RightCost will keep personal information for as long as it requires it to provide the service and comply with its legal obligations to keep such information. These obligations include compliance with the revenue legislation of the States and the Commonwealth, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and the Financial Transaction Reports Act 1988. When RightCost no longer requires your personal information, it will delete it or de-identify it.
3.4 RightCost will generally collect personal information from the individual or entity directly when that individual or entity completes an online registration form and sends their identity verification materials (including certified copies of any identification documents provided) to RightCost to finalise user registration.
3.5 RightCost will only collect and check personal information by lawful and fair means.
3.6 RightCost will only collect personal information from you or from your legal representative or an agent you appoint or who is authorized by you to operate your login. RightCost reserves the right to check the personal information you provide against databases and with agencies authorised by Australian law to collect and share personal information.
- Unsolicited Personal Information
4.1 If RightCost receives personal information and RightCost did no solicit the information, RightCost will determine within a reasonable time whether or not RightCost could have collected the information under the terms of paragraph 3.
4.2 RightCost may use or disclose the information for the purposes of making the determination under sub-clause 4.1.
4.3 If RightCost determines that RightCost could not have collected the personal information under paragraph 3 and the information is not contained in a Commonwealth record, RightCost will, as soon as is practicable but only if it is lawful and reasonable to do so destroy the information or ensure that the information is de-identified.
- Notification of the Collection of Personal Information
(a) The entity which collects the personal information is RightCost Pty Ltd A.C.N. 164 279 225, a company registered under the laws of Australia having its head office in Melbourne, Australia. All enquiries should be directed to email@example.com
(b) RightCost may obtain personal information from third parties including government agencies and private information service providers. RightCost requires that those third parties must observe the privacy principles laid down by the Privacy Act 1988 (Cth).
(c) The personal information that is collected from users of RightCost services is required by the law of Australian States and Territories to ensure the security and validity of property transactions including the requirement that sellers give the warranties of title required by Australian Statute and common law.
(d) The main purpose of collecting personal information is to confirm the identity of persons who are to enter binding legal agreements for the sale of land and in order to obtain accurate information from government and third party service providers for the purposes of transacting the sale and purchase of real estate in Australian States and Territories.
(e) If this personal information is not collected by RightCost, you may be in breach of the contractual requirements as to warranties of title and in breach of statutes requiring accurate information to be provided regarding property transactions and, in such cases, RightCost will decline to provide the service to persons who are unable or unwilling to provide accurate personal information.
(f) RightCost accordingly may divulge this personal information to other entities which apply the Australian Privacy Principles for the purposes referred to in paragraph (d);
(g) See section 13 below for the methods of notifying RightCost with regard to access to information collected and error correction;
(h) Rights of your access to check and, if necessary, correct your personal information is set out in clauses 12 and 13 below;
(i) RightCost will only disclose your personal information to overseas recipients with your express consent or unless you are an overseas recipient yourself;
(j) No overseas user of the system will be entitled to receive any personal information unless they have themselves passed a 100-point identity check and are qualified to acquire for Australian residential property under the Foreign Acquisitions and Takeovers Act 1989.
(k) Where RightCost needs to disclose your personal information to an overseas recipient (such as a potential buyer or seller) we will notify you of the country of the recipient where it is practicable to do so.
- Use and Disclosure of Personal Information
RightCost will use and disclose your personal information for the purpose for which the personal information was initially collected.
RightCost may also use that personal information for a purpose related to the initial purpose of collection if that other purpose would be within your reasonable expectations. Related purposes might include for example consumer research, cross promotions and such, adding your name to a contact list, guest list or invitation list, which may be of benefit, or interest to you.
RightCost will only disclose your sensitive personal information for another purpose if it is directly related to the primary purpose for which it is collected. RightCost will not disclose your sensitive personal information for a secondary purpose that is not directly related to the primary purposes without first obtaining your express consent.
RightCost may however be required to disclose your sensitive personal information without your consent the disclosure is:
(a) required or authorised by law;
(b) required in order to investigate an alleged unlawful activity;
(c) required by an enforcement body for investigative activities; or
(d) RightCost reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety; or
(e) any other permitted general situation as defined in the Privacy Act 1988 (Cth).
Where RightCost uses or disclosed information under paragraph (c), RightCost will make a written note of the use or disclosure.
- Direct marketing
From time to time RightCost may use your personal information to identify offerings or special events, which may be of interest to the individual available through RightCost or its business partners.
If you do not wish to receive direct marketing information, please let RightCost customer support team know. RightCost will take immediate steps to ensure that you do not receive any direct marketing information in future.
- Cross-border Disclosure of Personal Information
RightCost will not disclose your personal information to overseas recipients without your express consent or unless you are an overseas recipient yourself.
- Adoption, Use or Disclosure of Government Related Identifiers
RightCost will not adopt a government related identifier of an individual as its own identifier of the individual unless it is required or authorized by an Australian law or a court order or otherwise authorized under paragraphs 9.2 or 9.3 of the Australian Privacy Principles.
- Personal Information Quality
RightCost objective is to ensure that all personal information collected by RightCost is accurate, complete and up-to-date. To assist RightCost in achieving its objective, please contact RightCost if any of your details change. Further, if you believe that the information RightCost holds is not accurate, complete or up-to-date, please contact RightCost in order to have the information corrected.
- Personal Information Security
RightCost is committed to keeping your personal information secure, and we will take all reasonable precautions to protect your personal information from unauthorised access, loss, misuse or alteration.
Your personal information may be stored in hard copy documents, or electronically on RightCost software or systems used by RightCost.
RightCost maintains computer and network security using passwords to control and restrict access to authorised staff for approved purposes. Where information is particularly sensitive, the information is overwritten and then manually deleted.
- Access to Personal Information
You may request access to the personal information RightCost holds about you.
The procedure for gaining access is as follows:
a. All requests for access to your personal information must be made in writing or by email and addressed to firstname.lastname@example.org
b. You must provide as much detail as possible regarding your request.
c. RightCost will acknowledge your request within 14 days, and access will usually be granted within 14 days, or if it is more complicated, 30 days. RightCost will inform you if this timeframe is not achievable.
d. You will be asked to verify your identity.
e. A fee may apply to such access in the event that a request for access is onerous or time consuming. Such a fee will cover staff costs involved in locating and collating information, and reproduction costs.
f. Depending on the circumstances, you may be forwarded the information by mail or email, or you may be required to personally inspect your records at the appropriate place.
g. You will be given the opportunity to correct any personal information which is no longer accurate.
In some circumstances, RightCost may not be in a position to provide access. Such circumstances include where:
a. access would create a serious threat to safety;
b. providing access will have an unreasonable impact upon the privacy of other individuals;
c. denying access is required or authorised by law;
d. the request is frivolous;
e. legal proceedings are under way;
f. negotiations may be prejudiced by such access; or
g. access would reveal a commercially sensitive decision-making process.
If RightCost denies access to your personal information, it will provide you with reasons in writing. The reasons for the refusal may include an explanation for the commercially sensitive decision-making process.
If RightCost is satisfied that, having regard to a purpose for which the information is held, the information is inaccurate, out of date, incomplete, irrelevant or misleading or you request RightCost to correct the information. RightCost will take such steps as are reasonable in the circumstances to ensure that, having regard to the purpose for which it is held, the information is up-to-date, complete, relevant and not misleading.
If RightCost corrects personal information about you that you previously disclosed to another entity that must abide by Australian Privacy Principles, then RightCost will take such steps as are reasonable in the circumstances to notify the other entity unless it is impractical or unlawful to do so.
If RightCost refuses to correct your personal information as requested by you, RightCost will give you a written notice which sets out:
(a) The reasons for the refusal except tot eh extent it would be unreasonable to do so; and
(b) The mechanism available to complain about the refusal; and
(c) Any other matter prescribed by the Privacy Regulations.
If RightCost refuses your request to correct your personal information and you request RightCost to associate with the information a statement that the information is inaccurate, out of date, incomplete, irrelevant or misleading, RightCost will take such steps as are reasonable in the circumstances to associate the statement in such a way that will make the statement apparent to users of the information.
If you believe that your privacy has been infringed, you are entitled to complain. All complaints should initially be in writing and directed to email@example.com . RightCost will respond to your complaint as soon as possible, within 14 working days, to let you know who is responsible for managing your query. RightCost will try to resolve the complaint within 30 working days. When this is not possible RightCost will contact you to provide an estimate of how long it will take to handle the complaint.
If you believe RightCost has not adequately dealt with your complaint, you may complain to the Australian Information Commissioner whose contact details are as follows:
Officer of the Australian Information Commissioner
Level 3, 175 Pitt Street
Sydney, NSW 2000
GPO Box 5218
Sydney NSW 2001
GPO Box 2999
Canberra ACT 2601
Telephone: 1300 363 992
Last updated on 21 December 2017.