This policy outlines the ways in which Netdeen Pty Ltd ACN 071 116 802, its related entities and franchisees trading as ‘GJ Gardner Homes’ (“We“) collect, use, disclose, store, secure, manage and dispose of your Personal Information in accordance with the Australian Privacy Principles (“the APP’s“) and the General Data Protection Regulations (GDPR).
We are committed to safeguarding the privacy of our website visitors and service users.
Where the words “Personal Information” are used in this policy, that expression means information or an opinion that is either specifically about you, or if you are not specifically identified but you are reasonable capable of being identified, irrespective as to:
• Whether the information or opinion is true or not; and
• Whether the information or opinion is recorded in a material form or not.
Personal Information means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
How we use your Personal Information
In this Section we have set out:
(a) the general categories of Personal Information that we may process;
(b) in the case of Personal Information that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process Personal Information; and
(d) the legal bases of the processing.
The kinds of Personal Information we collect from you may vary depending upon the nature of the building services you have instructed us to provide. Generally, we will initially collect information regarding your name, address and contact details in order to process any enquiry you may submit to us regarding the construction of your new home by us.
Where necessary to provide building services to you, we may also collect from you the proposed building site address, evidence of your ownership of the building site address, evidence of adequate insurance, and your financial details, including the details of your financier, in order to process your payments to us.
We may process data about your use of our website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
We may process information that you post for publication on our website or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
We may process information contained in any enquiry you submit to us regarding the home building services we provide (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling our relevant goods and/or services to you. The legal basis for this processing is consent.
We may process information relating to our customer relationships, including customer contact information (“customer relationship data“). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
We may process any of your Personal Information identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
We may process any of your Personal Information identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
In addition to the specific purposes for which we may process your Personal Information set out in this Section, we may also process any of your Personal Information where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not supply any other person’s Personal Information to us, unless we prompt you to do so.
How We Collect and Hold your Personal Information
We will collect the majority of your Personal Information from you directly. We may also however obtain your Personal Information from:
(a) Government Departments or Agencies by undertaking searches or by request;
(b) Your legal representative;
(c) Your financier; or
(d) Real estate or other property agents who have referred you to us.
We will obtain your consent before contacting any third party for the purposes of collecting your Personal Information.
Providing your Personal Information to others
We may disclose your Personal Information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
We may disclose your Personal Information to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose your Personal Information to our suppliers or subcontractors insofar as reasonably necessary for us to provide our services to you.
Financial transactions relating to our website and services may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
In addition to the specific disclosures of Personal Information set out in this Section, we may disclose your Personal Information where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your Personal Information where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
The Purposes for which we Collect, Hold, Use and Disclose your Personal Information
We collect, hold, use and disclose your Personal Information for the following purposes:
• Providing building services to you or someone else you know;
• Providing you with information about other services that we, our related entities and other organisations that we have affiliations with, offer that may be of interest to you;
• Facilitating our internal business operations, including the fulfilment of any legal requirements; and
• Monitoring and analysing our service standards as well as customer needs and satisfaction with the view of improving our building services.
We use this information to understand and analyze trends, to administer the site, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user base as a whole. From time to time, we may also use your personal information to send you targeted news, offers and promotions of our products and services online and offline.
How you May Access or Seek the Correction of Personal Information Held by Us
You may access or seek the correction of any Personal Information held by us by contacting the GJ Gardner New Home Consultant with whom you are dealing with in your current building matter. Alternatively, you may contact your relevant State Head Office using the contact details provided below.
International transfers of your Personal Information
In this Section, we provide information about the circumstances in which your Personal Information may be transferred to countries outside of Australia.
We and our other group companies have offices and facilities in New Zealand and The United States of America. Transfers to each of these countries will be protected by appropriate safeguards.
The hosting facilities for our website are situated in multiple locations in Australia. Transfers to each of these locations will be protected by appropriate safeguards.
You acknowledge that Personal Information that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such Personal Information by others.
Retaining and deleting Personal Information
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of Personal Information.
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Notwithstanding the other provisions of this Section, we may retain your Personal Information where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Our Disclosure of Your Personal Information to Overseas Recipients
We will generally only disclose your Personal Information to the following persons:
• One of our franchisees and their staff;
• One of our related entities;
• Our consultants, contractors and service providers where the disclosure is necessary to assist us in providing the services you have requested we provide to you.
We may also in the course of fulfilling our contract with you disclose your Personal Information to overseas recipients. This may occur in the following circumstances:
• Where you instruct us to disclose, whether in writing or verbally, information which contains your Personal Information to an overseas party; or
• Where your Personal Information is disclosed for the purposes of preparing documentation on your behalf, and the employee, agent, representative, or contractor retained to assist in the preparation of the documentation is based overseas.
In this Section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
(a) the right to access;
(b) the right to rectification;
(c) the right to erasure;
(d) the right to restrict processing;
(e) the right to object to processing;
(f) the right to data portability;
(g) the right to complain to a supervisory authority; and
(h) the right to withdraw consent.
You have the right to confirmation as to whether or not we process your Personal Information and, where we do, access to the Personal Information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of Personal Information concerned and the recipients of the Personal Information. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your Personal Information. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
You have the right to have any inaccurate Personal Information about you rectified and, taking into account the purposes of the processing, to have any incomplete Personal Information about you completed.
In some circumstances you have the right to the erasure of your Personal Information without undue delay. Those circumstances include: the Personal Information are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the Personal Information have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
In some circumstances you have the right to restrict the processing of your Personal Information. Those circumstances are: you contest the accuracy of the Personal Information; processing is unlawful but you oppose erasure; we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Information. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your Personal Information on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
You have the right to object to our processing of your Personal Information for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your Personal Information for this purpose.
You have the right to object to our processing of your Personal Information for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your Personal Information is:
(a) consent; or
(b) that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your Personal Information from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
You may exercise any of your rights in relation to your Personal Information by written notice to us in addition to the other methods specified in this Section.
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of changes to this policy by email if we feel it is reasonably necessary.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies used by our Service Providers
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
Blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you may not be able to use all the features on our website.
You can contact us by clicking on the ‘contact us’ link on our website or you can use the details provided below:
Queensland / NT State Head Office
New South Wales / ACT State Head Office
Victorian State Head Office
Tasmanian State Head Office
South Australian State Head Office
Western Australian State Head Office
Data Protection Officer
Our data protection officer’s contact details are:
Copies of this Policy are available free of charge upon request or by visiting our Website.
We do not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from Children. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from Children without verification of parental consent, we will take steps to remove that information from our Website and servers as soon as possible.
©GJ Gardner Homes 2019