“Agreement” means agency agreement or any other agreement that you have entered into with us;
*“Bayleys”, “we”, “us” and “our” refers to the Bayleys entity with which you have entered into an Agreement, which has provided you with services (Services) or to whom you have otherwise provided your personal information, and being:
a. Bayleys Corporation Limited (BCL), or a subsidiary or related company of BCL; or
b. a franchisee, licensee or authorised representative of a party listed at a. above;
“personal information” means information about an identifiable individual, as defined in the Privacy Act;
“Privacy Act” means the Privacy Act 2020 and includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of the Privacy Act, regulations or other instruments.
“You”, “Your” includes any authorised representative who represents you (such as a solicitor, trustee, director), or where you are the authorised representative, the individual you are representing. If you provide us with any personal information of a another party, you confirm that you have collected that information in accordance with the Privacy Act (including complying with Information Privacy Principle 3) and are authorised by that person to disclose the information to us
We may collect any necessary personal information about you and anyone who represents you for the following purposes (“Purposes”): to enable us to provide services to you including;
• sale and purchase of residential/rural and commercial real estate, including recording attendance at a property, interest in a listing, facilitating an Agreement (including an agreement for sale and purchase), providing valuations, and providing itemised chattels, photos, and records or interaction with a person or their property.
• Marketing and promoting current and future properties, including advertising, direct marketing, other promotions and social media engagement, and for maintaining a relationship through the provision of market information, news and or/ events. Direct marketing communications may be sent in various forms including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.
• Conducting market research and surveys. Contact information may be used to make initial contact and invite participation in market research and survey activities. Where the individual opts-in to participating, the information may be used to provide insights into real estate market activities;
• analysing website and sales data;
• to carry out our internal business functions and activities in order to monitor, measure and improve our own business practices. This includes checking our processes are being followed, managing, training and developing our personnel, and improving or customising our products and services
• to comply with our legal obligations (such as those under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) or the Overseas Investment Act 2005), to maintain records for real estate agent code of conduct regulation and tax purposes, and to comply with any lawfully issued notice to provide information to a regulatory agency including the New Zealand Police and the Serious Fraud Office;
• for credit assessment purposes, to invoice you for services provided to you and collect any debt owed to us by you (which may involve disclosing your personal information to debt collectors); and
• any other lawful purpose connected with the function or activity of our business that we tell you about or you authorise (including in any Agreement).
We collect your personal information directly from you and from your authorised representatives. We collect your personal information when you interact with us – for example when you instruct us to represent you, your business or other entity.
We may also collect personal information about you indirectly as permitted in the Privacy Act, such as where that information is publicly available and such collection would not be prejudicial to you.
You authorise us to collect your personal information from other Bayleys entities, from credit reporting or identification verification agencies or other third parties, for credit assessment purposes or to fulfil our obligations under the AML/CFT Act.
We also collect personal information about you through cookies and other technologies. Bayleys and our third-party service providers use a variety of technologies to assess how our websites and mobile applications are used, to personalise your experience and to deliver you marketing, including online content, tailored to your interests.
Some technologies we may use include the following:
Cookies are small files issued to your device when you visit a Bayleys site that can be understood by the site and collect information. We use that information to remember who you are (to log you in), your preferences, to advertise, to tailor offers or other content to your interests and to assess how our sites are used.
You can accept or decline cookies through your browser settings however without cookies you may not be able to use all of the features of our Sites or other websites and online services. To learn more, please look at the cookie settings available in your specific web browser(s).
Other technologies we use to collect information from you are:
Our web servers, which may log information such as your device type, operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. We also may record information such as the address of the web page that referred you to our Sites and the IP address of the device you use to connect to our Sites. We may log information about your interaction with the Sites, such as which pages you visit.
Web beacons. Web beacons are small files that link web pages to particular web servers and their cookies. These control which of our web servers collect information.
We may use third-party web analytics services on our Sites, such as Google Analytics. These help us analyse how you use the Sites. The information obtained for this purpose (including your IP address and other information collected by automated means) will be disclosed to or collected directly by these service providers.
The providers of third-party plug-ins and widgets on our Sites, such as embedded videos and social media sharing tools, may use automated means to collect information regarding your use of the Sites and your interactions with the plug-ins and widgets. We may also receive information you have made available to those third party services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, education history, work history, hometown, interests, current city, political views, favourite athlete and teams, relationship status and information, religion, name of significant other, and certain security settings information) and your contacts on those services. This information is subject to the privacy policies or notices of the third-party providers of the plug-ins and widgets.
We will only retain your personal information for the length of time that we believe is reasonably necessary for the Purpose for which it was collected.
We will ensure that there are reasonable safeguards in place against loss, misuse or unauthorised disclosure or destruction of your personal information.
Under the Privacy Act, you have the right to access and request correction of your personal information.
You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you and, if so, the fees will be disclosed on our website. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.
We may disclose personal information (but only if we need to for the Purposes) to:
• other Bayleys entities;
• third party service providers;
• your professional advisers, such as lawyers;
• credit reporting agencies;
• debt collection agencies;
• regulators and government agencies and anyone else who we are legally required or authorised to share your personal information with, such as under AML/CFT Act; or
• any other third parties we tell you about or to whom you specifically authorise us disclose such information.
We may also use or disclose your information where that use or disclosure is permitted under the Privacy Act or any other applicable law, such as where the information disclosed is publicly available or where it would not be unfair or unreasonable to use or disclose the information. We may also disclose information when it is not in a form which identifies you.
Disclosing personal information outside New Zealand
If required for a Purpose above, we may transfer your personal information to a party outside New Zealand and you consent to this transfer.
Where we transfer personal information outside New Zealand we have arrangements in place to ensure that such personal information will be transferred and used in a manner that is consistent with the requirements of the Privacy Act and any other applicable privacy laws in the jurisdiction or jurisdictions to which the information is transferred.
As our website is linked to the internet, we cannot provide assurance of the security of information you transmit to us online or that the information you supply will not be intercepted while being transmitted over the internet.
Any personal information or other information which you transmit to us online is transmitted at your own risk.
Links to other websites and apps
Our website may provide links to other websites and for your convenience and information. These websites and apps may operate independently from us. Linked sites and apps may have their own privacy notices or policies, which we strongly suggest you review. To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps.
Complaint process If you believe that your privacy has been breached please contact us. Please provide details of the incident so we can investigate it. We will deal with the complaint in accordance with our current Compliant Handling Procedure.
Please contact Duncan Ross, Chief Operating Officer by emailing Duncan.Ross@bayleys.co.nz or sending a letter to: Chief Operating Officer, Bayleys House, 30 Gaunt Street, Auckland Central 1010 / PO Box 8923, Symonds Street, Auckland, New Zealand.
This policy was last reviewed on 23rd December 2020.