GIRITHARAN GROUP PTY LTD PRIVACY POLICY

Last modified: 18th July 2018

• General
  • 1. This Privacy Policy applies to how and when information (including personal information) is collected, used, stored or otherwise handled by Giritharan Group Pty Ltd or its affiliates (collectively referred to herein as "Giritharan Group", "Anywhere Auctions", "we", "our" or "us"), including personal information collected, without limitation:
    • (a) through our website: www.anywhereauctions.com.au and/or sub-platforms of this website;
    • (b) through any third party authorised by us, such as licenced real estate agents, to verify your identity and/or to approve your use of our services;
    • (c) through any other registration process required for the purpose of using our services; and
    • (d) any postal, e-mail, virtual messenger, text message, telephone or any other like communications with us.
  • 2. Any reference to this website includes any sub-platform of this website and any reference to a sub-platform of this website includes this website.
  • 3. This Privacy Policy sets out the manner in which we may collect, use and disclose your information and applies to all users of our services, including any user who contacts, registers or otherwise submits information to us or our affiliates.
  • 4. We may collect, use, store or otherwise handle your personal information for purposes directly related or reasonably necessary to the provision and conduct of our services.
  • 5. The Giritharan Group respect your privacy and is committed to protecting the privacy of any personal information provided to us in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth).
• Your Acknowledgment
  • 6. This Privacy Policy forms part of our Terms and Conditions. By using our website and/or our services, you acknowledge and agree to be bound by the terms, conditions and/or notices provided in this Privacy Policy.
  • 7. To the fullest extent permitted by law, you acknowledge and agree that the Giritharan Group reserves the right to modify or vary any terms, conditions and/or notices in relation to this Privacy Policy and our website, at our sole and absolute discretion, without notice and without liability to you or any third party, including without limitation, to reflect any changes in the law, technology or our operations and services.
• Collection of Personal Information
  • 8. Personal information is any information from which your identity may be ascertained or discerned.
  • 9. The nature of personal information (including sensitive personal information) collected, used, stored or otherwise handled by us may include, but is not limited to, your name, contact details (including address, phone, fax and e-mail), your occupation, your date of birth, your nationality and migration status, information to assist in the verification of your identity (including authorised current and valid driver's licence, passport or other forms of photographic identification), your credit information (including your associated financial institutions), credit card numbers, internet protocol ("IP") address and any other necessary information which may be required from time to time in order for us to fulfil the functions and delivery of our services.
  • 10. We only collect personal information (including sensitive personal information) for purposes directly related to, or reasonably necessary for, our functions, activities and/or services, including but not limited to:
    • (a) establishing and maintaining contact with you and/or your agent and/or any other stakeholder;
    • (b) verifying your identity, including any verification of identity checks undertaken by a third party, including a licenced real estate agent, legal practitioner or conveyancer;
    • (c) assessing the suitability and appropriateness of our services for your needs;
    • (d) providing you with access to real estate information;
    • (e) facilitating your use and access to our online auction platform;
    • (f) facilitating our internal management and business operations, policies or procedures; and
    • (g) the conduct and operation of this website.
  • 11. Your personal information (including sensitive personal information) may be collected directly or indirectly within the course of our dealings with you and from a number of different sources, including any correspondence and communications you may have with us either verbally or in writing, any registration, consent or approval forms you may submit to us or by any authorised and licenced third party, and any documents you or any authorised third party may upload to our system.
  • 12. In order to confirm and verify the identity of any user of our services, all verification of identity and approval processes are carried out by authorised and licenced third parties who have the responsibility or carriage over any real estate listings. Your personal information (including sensitive personal information) collected by these authorised and licenced third parties is also provided to us in order to facilitate your registration, access and use of our services.
  • 13. You acknowledge and agree that the collection of your personal information, including sensitive personal information, is necessary and directly related to our functions, activities and/or services that we provide.
  • 14. Due to the nature of our services, you further acknowledge and agree that you may not be able to use our services or will be unable to enjoy the full functionality of our services and/or website, without providing us with your personal information, including sensitive personal information.
• Collection of Non-Personal Information
  • 15. The Giritharan Group may also collect non-personal information from any user and/or visitor to this website, including but not limited to, your IP address, browser type, operating system, pages viewed or accessed, documents downloaded, and the date and time you visited our website or used our services.
  • 16. We may use cookies to monitor your use of our website. Cookies enable us to tell when you use the website and also assist us in customising your website experience.
  • 17. A cookie is a small data file that is written and stored on your hard drive by your internet browser when you visit a website.
  • 18. You can set your browser to notify you when you receive a cookie, providing you the opportunity to either accept or reject it. You can also refuse all cookies by turning them off your browser.
• Use of Personal and Non-Personal Information
  • 19. Personal and non-personal information collected by the Giritharan Group may be used for the purposes of which it is collected in order to fulfil our functions, activities or services. As outlined above, such personal and non-personal information is used for purposes directly relevant or reasonably necessary for the conduct of our services and this website, including without limitation:
    • (a) establishing and maintaining contact with you and/or your agent and/or any other stakeholder;
    • (b) verifying your identity, including any verification of identity checks undertaken by a third party, including a licenced real estate agent, legal practitioner or conveyancer;
    • (c) assessing the suitability and appropriateness of our services for your needs;
    • (d) providing you with access to real estate information;
    • (e) facilitating your use and access to our online auction platform;
    • (f) facilitating our internal management and business operations, policies or procedures; and
    • (g) the conduct and operation of this website, including improving and customising your use of our website, and monitoring website traffic.
  • 20. The Giritharan Group may also use your personal and non-personal information for a purpose related to our functions, activities and/or services, if you have been advised of that other purpose or that other purpose would be within your reasonable expectations, including without limitation:
    • (a) providing you with any alerts, updates or any other communications in relation to any real estate, your registration on our website, your use of our website or your tenders and bids;
    • (b) providing you with any promotional or advertising materials in relation to any real estate or our services;
    • (c) conducting any feedback or surveys.
  • 21. From time to time we may send you information regarding our functions, activities and/or services which may be of interest to you. If you do not wish to receive any such information, please contact us as per our contact details set out below.
• Disclosure of Personal and Non-Personal Information
  • 22. Your personal and non-personal information collected, handled and used by the Giritharan Group is only disclosed for the purposes of which it was collected.
  • 23. You acknowledge and agree that we are required to disclose all or part of your information (including sensitive personal information) to authorised third parties, which include, without limitation, a licenced real estate agent, legal practitioner, conveyancer or vendor.
  • 24. The Giritharan Group will not use or disclose your personal information for any other purposes without first obtaining your consent, which may be express or implied. However, circumstances may arise in which we may be required to disclose your personal information to third parties without your consent, including:
    • (a) where required by law;
    • (b) where required in order to investigate an unlawful activity;
    • (c) where required by an enforcement body for investigative activities; or
    • (d) where necessary to prevent a serious or imminent threat to a person's life, health or safety, or to public health or safety.
  • 25. We may also disclose your personal and non-personal information amongst other Giritharan Group affiliates or authorised third parties, including any agent, insurer or credit provider, for purposes related to the provision of our any of our functions, activities, or services of our affiliates or authorised third parties.
  • 26. By agreeing to this Privacy Policy you hereby acknowledge and agree to any and all transfers or disclosure of your information to other Giritharan Group affiliates or authorised third parties, including any agents, insurers or credit providers, for purposes related to our functions, activities or services and functions, activities and/or services of our affiliates or authorised third parties.
    • (a) For the avoidance of any doubt, disclosure of your information to other Giritharan Group affiliates or authorised third parties, including any agents, insurers or credit providers, for purposes related to our functions, activities or services, may be utilised by such affiliates or authorised third parties for such purposes as direct marketing and/or contact with you regarding the functions, activities or services of Giritharan Group affiliates or authorised third parties, including any agents, insurers or credit providers;
    • (b) your use and/or continued use of this website, including any sub-platforms of this website, constitutes your acceptance of the terms and conditions, including any modifications or variations of this Privacy Policy; and/or
    • (c) if you object to the terms of this Privacy Policy, or any modifications or variation to these terms, your sole remedy is to immediately cease your use of our services and/or this website, including any sub-platforms of this website.
  • 27. The Giritharan Group makes no statements, representations or warranties regarding the identity of the user or our services or the verification of identity of the user of our services when disclosing any personal information, including sensitive personal information for the purposes of which it was collected. As outlined above, all verification of identity and approval processes are carried out by authorised and licenced third parties who have the responsibility or carriage over any real estate listings. Any determination or assessment of the identity of the user, and the personal information collected about the user, is the responsibility of the authorised and licenced third parties.
• Information Security
  • 28. The Giritharan Group has mechanisms in place to protect the integrity and security of your personal information (including sensitive personal information) we collect, handle and otherwise use.
  • 29. All personal information or data is encrypted when transferred or provided to any authorised third party, which includes, without limitation, licenced real estate agents, legal practitioners, conveyancers or vendors.
  • 30. Our website is hosted, and supported by, web based cloud servers. For that reason, we transfer all data on our website (including your personal information) to our host service provider located in the United States of America. Such data (including your personal information) may also be transferred or routed by our host provider through alternate servers.
  • 31. These alternate servers referred to in clause 30 may be located in Singapore and Sydney, Australia and any other server location as required by the host provider to continue to facilitate your use and access to the Giritharan Group website, sub-platform and services. By using our website and our services, you acknowledge, agree and irrevocably consent to the data referred to in clause 30 being transferred or routed by our host provider through alternate servers.
  • 32. The Giritharan Group will endeavour to protect and keep secure all personal and non-personal information we have collected, used, stored or have otherwise handled from any improper disclosure, unauthorised access or modification, misuse or loss. However, to the extent liability can not be excluded by operation of statute, we shall, under no circumstances, be liable (including in negligence) for any direct, indirect or consequential loss or damage arising out of or in connection with any use, misuse, modification, unauthorised access or loss on information (including your personal information).
• Access and Correction of Personal Information
  • 33. You have a right to access the personal information we hold about you.
  • 34. We have a right to refuse to give you access to personal information, or access may be limited or denied, in certain circumstances as authorised by law, for example if:
    • (a) it would be unlawful to provide the information;
    • (b) it would pose a serious threat to the life or health of any individual or have an unreasonable impact on the privacy of an individual;
    • (c) it would prejudice the detection and investigation of unlawful activity; or
    • (d) it would prejudice enforcement of laws.
  • 35. In order to maintain the quality of our data and ensure proper use of our services, you should advise us immediately when you become aware that any information we hold about you is incorrect or out of date.
  • 36. You acknowledge and agree that it is integral for the provision of our services that all information we hold about you is correct and up to date. Incorrect information may jeopardise our services and your ability to use our services.
  • 37. If you would like to obtain such access, please contact us on the details set out below.
• Complaints Handling and Contact Us
  • 38. If you have any queries, concerns or feedback about how we collect, use, store, disclose or otherwise handle your personal information, please contact us as per our contact details set out below.
  • 39. We take all privacy complaints seriously and aim to resolve any such complaint in a timely manner. However, if you are not satisfied with our handling of your complaint or we have not replied to you within a reasonable time, then you may be entitled to make a formal complaint to the relevant regulator.