1. INTRODUCTION

    1. Milk Chocolate Property Pty Ltd (ABN 43 630 656 692), and each of its subsidiaries (together, Milk Chocolate Property or We/we or Our/our or Us/us) is committed to respecting and ensuring the privacy of information provided to us and information about visitors to this website.

    2. This Privacy Policy sets out the manner in which we collect, use, disclose and manage personal information. We review it regularly and may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our website. You should review this Privacy Policy periodically so that you are updated on any changes. You may contact us in writing at any time for further information about this Privacy Policy.

    3. By using this website or any of our products and/or services you acknowledge and agree to the collection, use, disclosure and handling of your personal information in accordance with this Privacy Policy.

  2. OUR COMMITMENT TO PRIVACY AND DATA SECURITY

    1. We are committed to safeguarding personal privacy. We take seriously our obligation to ensure that your data is collected and handled in accordance with the principles of accountability, privacy and security.

    2. In collecting and handling your personal information we adhere to the Privacy Act 1988 (Cth) (Privacy Act), including the Australian Privacy Principles, and to the extent applicable, the EU General Data Protection Regulation (GDPR).

    3. We do not, without your consent, collect sensitive information as defined under the Privacy Act, such as racial or ethnicity information, political opinions or associations, criminal records or health information.

  3. WHAT PERSONAL INFORMATION IS COLLECTED

    1. We may collect current and historical personal information about you (or any such detail in respect of a person that you may acquire a property with, such as a spouse) including, but not limited to:

      1. your name, address, phone number, email address, gender, occupation, date of birth, personal interests and any other information provided;

      2. unique identifier such as username, account number, and password;

      3. information for your user profile, such as your profile picture or bio;

      4. social media account usernames and information published on your social media accounts;

      5. information regarding your personal and professional interests and your networks;

      6. your credit or debit card or bank account numbers, expiration date, and cardholder or account holder name or other payment details (through our third party payment processor);

      7. information relating to transactions made using our services, including information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing information, and the devices and payment methods used to complete the transactions; information regarding your relationship history with us and our clients;

      8. information about your employment history and future plans, and documents relating to your employment;

      9. information about your current financial situation, properties, goals with respect to any investment property you acquire and family home preferences;

      10. information about your education and qualifications, skills and experience;

      11. additional personal information that you provide to us, directly or indirectly, by submitting forms or questionnaires or through your use of our products and services, associated applications, associated social media platforms and/or accounts from which you permit us to collect information;

      12. information about your access and use of our products and services, including through the use of Internet cookies, your communications with our services, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;

      13. support requests submitted to us and our response to you;

      14. information about your experience with our products or services or third party products or services listed on a Website; and

      15. enquiry and complaint details.

    2. We may collect your personal information for some services and products to verify your identity, including information from your passport, driver's licence and health care and concession cards.

    3. We may collect these types of personal information directly from you, on your behalf or from third parties.

    4. If you provide any personal information about another person that you intend to acquire a property with, such as a spouse, you acknowledge that you have obtained their consent to do so.

  4. HOW WE COLLECT YOUR PERSONAL INFORMATION

    1. This Privacy Policy applies when we receive any personal information from you or on your behalf, including:

      1. when you visit our online properties (each a Website), including our Websites, including, but not limited to www.milkchoc.com.au

      2. any related Milk Chocolate Property website, social media page, internal website, intranet and any Milk Chocolate Property mobile or tablet applications;

      3. when you create an account or log in;

      4. when you provide information for your user account; 

      5. when you make a purchase or sign up for a subscription from us; 

      6. when we make inquiries to third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law; 

      7. personal information provided to us by your spouse or partner, our clients, customers and service providers and personal information collected by us on behalf of our clients and customers as a result of the provision of professional services to our clients and customers;

      8. when you access, engage or use any of our products or services; 

      9. when you request information from us or provide information to us; 

      10. subscribe to any newsletters, updates, alerts or news and media releases, or request launch or event information or information about our products or services or other information services as well as third party products or services;

      11. complete and submit any forms or surveys to us or our clients, either physically or electronically;

      12. conspicuously publish or provide, on request your personal information to us;

      13. contact us directly in person or via any medium including mail, telephone, social media and commercial electronic messages (SMS (Short Message Service), MMS (Multimedia Message Service), IM (Instant Messaging) and email) including via the contact details listed on a Website; or

      14. any other means through which an individual provides personal information to us, including either physically or electronically.

    2. We may also collect your personal information through our related bodies corporate, our service providers and third parties so that we may provide a better or more relevant service or product to you.

    3. Personal information is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services (including the uploading, access to, and receipt of content on a Website), marketing materials, newsletters, electronic newsletters (e-newsletters), news and media releases / launch information, and also to advise you of our, or other client or third party products, services, offers, competitions or events which may be of interest. 

    4. You are not obligated to provide personal information. However, failure to do so may result in us being unable to facilitate or provide you with certain content, products or services, products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).

    5. We may also obtain your personal information from legitimate third party sources including list brokers, referral agents, our clients and other data providers or organisations that share data in circumstances where it is lawful and/or you have given permission for them to do so.

  5. USE OF YOUR INFORMATION

    1. We use personal information we have collected where such use is:

      1. necessary for the performance of a contract with you;

      2. with your consent; or

      3. otherwise required or authorised by law (for example, for a fraud detection purpose).

    2. We use the personal information we have collected to provide you with products and services that you have requested, respond to your enquiries, and create and maintain your account. 

    3. We may use your information to:

      1. respond to or provide you with services, products, information and assistance that you request from us;

      2. personalise and customise the services, experience, advertising and content that you view and engage with on the website;

      3. identify services you may be interested in;

      4. process transactions, send you receipts, and update you about changes to your subscriptions or use of our services;

      5. obtain opinions or comments about products and/or services and to conduct other research and development;

      6. improve our services and products (including auditing and monitoring the use of those services and products);

      7. record statistical data for marketing analysis and to conduct market research;

      8. administer, monitor and analyse our own business or facilitate our business operations;

      9. send you updates, publications, marketing and details of events we offer;

      10. process and respond to requests, enquiries or complaints received from you;

      11. where applicable to undertake recruitment for us and manage your employment with us; and

      12. fulfil our legal, regulatory, accounting, reporting, risk management or professional obligations.

  6. INFORMATION DISCLOSURE

    1. We may share your information with our group companies, our promotional partners, our clients and other trusted third parties (and their directors, servants and agents) either in Australia or overseas. Examples of this may include:

      1. your lawyers, agents, contractors and service providers; 

      2. lawyers, agents, contractors and service providers in respect of vendors of any property that you may potentially acquire;

      3. third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) vendors who help us with fraud prevention, identity verification, and fee collection service, real estate agents, property managers, financial institutions, payment networks, professional advisors, data storage, web-hosting and server providers, maintenance providers, and marketing or advertising providers; 

      4. our employees, contractors and/or related entities;

      5. our existing or potential agents or business partners;

      6. anyone to whom our business or assets (or any part of them) are, or may (in good faith) be transferred;

      7. courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you; and

      8. courts, tribunals, regulatory authorities and law enforcement officers, as required or authorised by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights.

    2. Some of your personal information may be stored with and managed by a cloud service provider located outside of Australia. Your personal information may be accessed by third parties whose laws provide various levels of protection for personal data which may be higher or lower than the level of protection stipulated in Australia. 

    3. Milk Chocolate Property recognises the trust with which you provide personal information, and except as stated in this Privacy Policy, such information will not be used or disclosed for any other purposes without consent. We will work to retain your personal information only so long as reasonably necessary. If you wish to know more, please contact us.

  7. SECURITY

    1. We take reasonable steps to hold information securely and to prevent unauthorised access, modification or disclosure. Our information security is supported by a number of security standards, processes and procedures, including that information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by selected data storage providers. In some cases, these facilities may be overseas.

    2. Where we transfer or host your information internationally, we will take reasonable steps to ensure that your information is treated securely and that the means of transfer and hosting provides adequate safeguards. If you have any questions in relation to the transfer of your personal information, please contact us by email. Should we suspect that there has been unauthorised access to personal data owned by you, we’ll notify you and provide details of the suspected breach.

    3. The transmission of information via the Internet cannot be guaranteed to be totally secure.

  8. COOKIES AND PASSIVE INFORMATION COLLECTION

    1. As you navigate through our Websites, certain information may be passively collected (that is, gathered without you actively providing the information) using various technologies, such as Unique Device Identifiers (UDI), cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). In certain circumstances, this information may be considered anonymous information or personal information under the Privacy Act. This is dependent on the device used and the method by which an individual connects to the Internet. Your Internet browser automatically transmits to the Website you are browsing some of this anonymous information or personal information, such as the URL of the website you just came from, the Internet Protocol (IP) address, the UDI (if applicable) and the browser version your device is currently using.

    2. Cookies are small text files that are stored on your device by the websites you visit. They are used in order to make websites work and to improve their efficiency, as well as to provide website usage information to the website owner.

    3. Our Websites may collect anonymous information or personal information from your device through cookies and Internet tags or web beacons. 

    4. You can remove cookies from your browser and prevent new cookies from being placed on your device by going to the privacy settings of your browser. You can choose to block all cookies or only cookies from specific websites. Please note that blocking cookies will not automatically remove cookies that are already stored on your device.

    5. Please be aware that by blocking and/or deleting cookies, our Website (and possibly other websites) might not function properly. With every new session, new cookies will be placed unless you have blocked the use of cookies. If you choose to block cookies but also want this website to function properly, please go to the privacy settings of your browser and ensure that it allows cookies from this website.

    6. Cookies and other technical methods may involve the transmission of information either directly to us or to another party authorised by us to collect information on our behalf. We may also disclose such passively collected anonymous information to third parties.

    7. We may combine our cookies and other information collected through tracking technologies with personally identifiable information from time to time in order to understand and measure your online experiences and to determine what products, promotions and services are likely to be of interest to you. 

    8. By accessing our Websites, you consent to information about you being collected, compiled and used in this way.

    9. For more information about cookies and how you can opt-out, you can visit http://www.youronlinechoices.com.au/.

  9. THIRD PARTY SITES

    1. We may provide links to websites outside of the Websites as well as third party websites. 

    2. These links are not under our control and are not governed by this Privacy Policy. We cannot accept responsibility for the conduct of companies linked to the Websites, or their collection of information through these third party websites.

    3. Before disclosing your personal information on any other website, we advise you to examine the terms and conditions of using that website and the relevant third party’s data collection practices and controls in their privacy policy.

  10. USERS BASED IN EU

    1. If you are an individual residing in the EU, you may have additional rights under the General Data Protection Regulation, Regulation 2016/679 (GDPR) in relation to the handling of your Personal Data (as defined in Article 4 of the GDPR).

    2. In providing our services to you, we may monitor your activity on the Websites using automated processes, including for the purposes of counting usage of our Websites and creating audience profiles. We do this to provide you with more tailored and relevant services, including to show you more relevant properties. 

    3. In addition to other rights set out in this Privacy Policy, in certain circumstances you may:

      1. request access to the Personal Data that we hold about you;

      2. request a copy of the Personal Data that you have provided to us, in a structured electronic format;

      3. request that we update your Personal Data if it is inaccurate or incomplete;

      4. subject to any legal obligation we have, request that we delete your Personal Data (also known as ‘the right to be forgotten’);

      5. object to the processing of your Personal Data;

      6. to retain and reuse your Personal Data for your own purposes;

      7. to object to your Personal Data being used; and

      8. to object to automated decision making and profiling.

    4. Please contact us at any time to exercise your rights under the GDPR.

    5. We may ask you to verify your identity before acting on any of your requests.

    6. Where your Personal Data is transferred outside of the EEA, it will only be transferred to countries that have been identified as providing adequate protection for Personal Data, or to a third party where we have approved transfer mechanisms in place to protect your Personal Data – i.e., by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).

  11. DISCLOSURE OF PERSONAL OF INFORMATION TO OVERSEAS RECIPIENTS

    1. In some cases, we may disclose your personal information to overseas recipients, including, but not limited to, your professional information, contact details and transactional data (if applicable).

    2. Our employees, data processors and other trusted third parties are obliged to respect the confidentiality of any personal information held by us. However, the security of communications over the Internet cannot be guaranteed. You acknowledge that personal information that you submit through our Websites or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal information by others.

  12. CONTACT BY US

    1. We do not send advertising or marketing information without obtaining prior consent, for example the consent contained within this Privacy Policy. If you receive communications from us which you do not wish to receive, you may remove your name from the database either by utilising the functional unsubscribe facility (if the communication is via commercial electronic message) or by contacting our Privacy Officer via email:privacy@milkchoc.com.au. Please allow 30 days for this request to be processed.

    2. Despite removing your name from the database from receiving future advertising and marketing information, we may send you non-commercial “Administrative Emails”. Administrative Emails relate to a user account with us and may include administrative and transaction confirmations, requests and inquiries or information about a particular user account. If you do not wish to receive such communications from us, you may remove your name from the database by utilising the functional unsubscribe facility.

  13. ABILITY OF OTHERS TO VIEW INFORMATION

    1. We may provide areas on our Websites where you can upload user-generated content, post or provide information about yourself, communicate with other users, provide reviews for content, products and/or services or interact with or vote on particular content. 

    2. This information may be shared with others and may be publicly posted on our Websites, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publicly available and may be read, collected and used by others outside of each of our organisations. 

    3. We are not responsible for the conduct and cannot prevent the use (or misuse) of others who may read, collect and use this information.

  14. YOUR RIGHTS

    1. The privacy laws of some jurisdictions may give you the right to access, amend or erase your personal information or, in some circumstances, to restrict or object to the processing of your personal information.

    2. If you would like to request a copy of your data, or would like to take steps to exercise any of your rights please contact us by email at privacy@milkchoc.com.au. Please allow 30 days for this request to be processed. 

    3. Information we hold about you should be up-to-date and accurate. Please advise us in writing of any changes to your information. Please allow 30 days for this request to be processed.

    4. We are not responsible for removing your personal information from the lists of any third party who has previously been provided with your information in accordance with this policy.

  15. CONTACT AND FURTHER INFORMATION

    1. It is important to us that you understand how your personal information is collected, stored, used and disclosed. If you have any questions about our Privacy Policy, or any problems or complaints about how we have collected, used, stored, handled and/or disclosed your personal information, please contact us.

      Address: Milk Chocolate Property

      Suite 1, Level 1, 97 Rose Street

      NSW 2044, Australia

      Email: enquiry@milkchoc.com.au

    2. Please allow 30 days for this request to be processed. If you do not receive a satisfactory response from us to your query, problem or complaint within 30 days, you may refer your query, problem or complaint to the Office of the Australian Information Commissioner via the contact details listed at http://www.oaic.gov.au/about-us/contact-us-page.