Terms

Terms and Conditions & Privacy Policy

Copyright 

All material available or accessible from this Website is copyright material owned absolutely by Marshall White & Co Pty Ltd (ACN 071 266 156) and its related entities. No part may be reproduced by any process or means except in accordance with the provisions of the Copyright Act 1968.

Website Access

Please note that the Website format may vary slightly depending on what internet platform you are using, your personal computer settings such as screen resolution size and text size etc may also change the look of this Website. For the best result use the latest version of internet, set your internet text size to ‘medium’ and your screen resolution to the standard size.

If you are having problems with the Marshall White Website and require assistance, please contact our office on 03 9822 9999.

Disclaimer

All materials provided and available on or via the Website are for general information purposes only and are subject to change without any notice. The information is provided solely on the basis that readers will be responsible for making their own judgement and assessment of the matters discussed and are advised to verify all relevant representations, statements and information contained in or in connection with this Website.
Information on this Website should not be relied upon or regarded as a substitute for professional legal, financial, real estate or other expert advice. Marshall White & Co Pty Ltd and its related entities (subject to the law) disclaim all liability and responsibility, including for negligence, for any direct or indirect loss, claims, expenses or damage suffered by any person arising out of any use of this Website and information or material accessible from it.

This Website contains links to other internet sites that are external to Marshall White operated by third parties. Marshall White & Co Pty Ltd takes reasonable care in linking other internet sites but has no direct control over the content of the linked internet sites, or the changes that may occur to the content on those sites. It is the responsibility of the reader to make their own assessment of the accuracy, security, reliability and correctness of information contained in the linked internet sites. Links to other internet sites are inserted for convenience only, accessed at the readers sole risk and discretion, and do not constitute endorsement of material(s) contained in those sites, or any associated organisation, product or service. Marshall White & Co Pty Ltd is not responsible for the privacy policies of linked internet sites, for computer integrity or the content of any third party provider or website and disclaims all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of linked internet sites and information or material accessible from it. Third party websites are responsible for informing you about their own privacy practices and we encourage you to read all of their privacy policies.

Marshall White & Co Pty Ltd and its related entities accept no responsibility for unsuitable, incomplete or inaccurate material that may be encountered. Marshall White & Co Pty Ltd, its subsidiary companies, its directors, officers, employees, agents and related entities responsible for maintaining this Website, make no claim, guarantee or representation as to the accuracy of the information on its Website, or the accuracy of the information provided by third parties connected to the site, or in respect of links provided to other internet sites, to the accuracy of the information on those sites.

Whilst reasonable effort has been made to try to ensure that the information is accurate, Marshall White & Co Pty Ltd will not accept any liability for any loss or damage which may be incurred by any person acting in reliance upon the information.

Privacy Policy

In this Privacy Policy, any reference to “we”, “us” and “our” means Marshall White & Co Pty Ltd (ACN 071 266 156) and our Related Bodies Corporate, subsidiaries and affiliates (Marshall White) and its officers, employees, volunteers, contractors and agents.

By providing personal information to us, you consent to our collection, use and disclosure of your Personal Information in accordance with this Privacy Policy (as amended from time to time) and any other arrangements that apply between you and us. We may change our Privacy Policy from time to time by publishing changes to it on our Website. We encourage you to check our Website periodically to ensure that you are aware of our current Privacy Policy.

  1. What is our Commitment to your Privacy?

Marshall White may collect your Personal Information in the course of our business and is committed to protecting and respecting your privacy.

The Privacy Policy applies to all Personal Information collected by Marshall White via the Website. It also sets out your rights in relation to accessing or requesting for the update or removal of the Personal Information we collect and hold about you and how we handle privacy issues.

We adopt the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Act). The APPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information. A copy of the APPs may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.

  1. Definitions

The following terms have the following meanings: –

Cookies means a small text file that is stored on a user’s computer/phone for record keeping purposes.

Information means either Personal Information or Non-personal Information.

Minor(s) means individuals below the age of 18 years.

Non-personal Information means any information that does not reveal your specific identity or does not directly relate to an individual.

Personal Information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form, such as a:

  • name;
  • postal address or street address;
  • email address;
  • telephone number and other contact details;
  • age or date of birth;
  • credit, debit or bank account information;
  • device ID, device type, geo-location information; and
  • such other information we deem as Personal Information.

Services means the and services offered by Marshall White or its related entities to the consumer.

User, you and your means users of the Website and users who purchase services and otherwise interact with Marshall White.

Website means https://www.marshallwhite.com.au/

  1. Why do we collect your Personal Information?

We may collect, hold, use and disclose your Personal Information for our business and activities, and in our efforts to expand and improve our business, whilst providing you with a safe and efficient experience.

The types of Personal Information generally collected by us may differ, depending on whether you are or would like to become a Marshall White vendor, purchaser, landlord, tenant, supplier, employee, agent or independent contractor of us.

The Personal Information that we may collect includes but is not limited to, your name, e-mail address, residential or other addresses, telephone numbers, gender, date of birth, your profession or occupation, transaction information, billing details, information about products or services which might suit you, preferences and marketing and criteria information. For the avoidance of doubt, Personal Information we collect from you will include information you give us when:

  1. you interact with our Website including the submission of your details via the ‘Contact Us Today’ page;
  2. you provide us with information at our open for inspections, during conversation that you have with our representatives, through your engagement of us to enquire about our services, through your engagement of us to provide services;
  3. you communicate with us by telephone, email, letter or fax or when you share information with us from other social applications (including Social Media Sites) and services;
  4. complete a transaction with us;
  5. you complete surveys, provide feedback, engage in our promotions or enter competitions;
  6. we require details of your company’s ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, your employer and occupation details and title and mortgage details of any relevant property; or
  7. We are required to take images or videos of your home or other property.

 

  1. How may Personal Information be used?

We may collect, hold, use and disclose personal information for the following types of purposes:

  1. to provide our products and services to you and to communicate with you;
  2. to monitor or improve the quality and standard of service provided to you or to other consumers by us;
  3. to communicate to prospective or actual vendors, purchasers, landlords and tenants;
  4. to provide access to our Website, to assess its performance, improve its operation and develop new features;
  5. to communicate with you to better understand your needs through competitions, market research, customer loyalty programs and to provide information requested by you;
  6. handling privacy complaints and issues;
  7. performing research and analysis about our services;
  8. to provide and notify you of products, services, offers, promotions or marketing of services or new services that may be of interest to you;
  9. to send you emails, SMS and push notifications, however, you may elect to opt-out of such correspondence at any time by notifying us;
  10. to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers, advertisers, sponsors or other third parties;
  11. enforcing the terms and conditions of our engagement with you (if any);
  12. conducting appropriate credit checks (if applicable);
  13. referral to a mortgage broker or financier;
  14. for the administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes of Marshall White, its real estate agents, employees, contractors, advertisers, sponsors or service providers;
  15. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator or resolve any disputes we may have with any of our users and to enforce our agreements with third parties.

We only collect Personal Information in circumstances where you consent to the collection of this information, or it is reasonably necessary for, or directly related to, the purposes outlined above or in accordance with any applicable law. However, should you refuse to disclose Personal Information to us or deal with us anonymously or using a pseudonym, we may be unable to provide you with the services you require or request.

We will take reasonable steps to protect the personal information we collect, in both paper and electronic form, from misuse and loss as well as from unauthorised access, modification and disclosure.

To the extent that our use of your Personal Information is based on your consent, you may withdraw such consent at any time in writing via the contact details provided at paragraph 14 below: ‘Contact Us’.

  1. Direct marketing

We and/or Third Parties may send you direct marketing communications and information. You consent to and authorise us utilise your Personal Information for use in direct marketing by us or Third Parties. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act 2003 and best practice guidelines. We only send e-mail advertising with each addressee’s consent, including its address and contact details in every e-mail promotion and ensure the inclusion of a functional unsubscribe facility.

If you do not wish to receive marketing material from us, you can opt-out at any time by contacting us via the details provided on the Website, emailing us at [email protected] or opting-out through our Marshall White client preference centre within our direct emails. All emails, SMS and newsletters from the Website should allow you to opt-out of further mailings.

If you “opt-out”, we will not be able to remove your Personal Information from the databases of business partners, affiliates, or third parties which we have already shared your personal information with as at the date of your request to opt-out.

In relation to personal information from children, we do not knowingly collect personal information from individuals under 18 years of age. If you are a parent or guardian, please do not allow your children to submit personal information without your prior permission.

  1. How do we collect your Personal Information?

You consent to your Personal Information being collected by us directly from you by doing any one or more of the following:

  1. by making a general or specific telephone, email, onsite or other enquiry with us;
  2. by communicating with us or by continuing to request our services, including but not limited to by attending one of our offices, attending an open for inspection, making enquiries via internet, email or phone;
  3. by providing us with your contact details;
  4. by accessing our Website or participating in an online enquiry;
  5. when you engage us or discuss engaging us to provide services or advice to you;
  6. when you negotiate with us in respect of purchasing or renting a property;
  7. when you provide your details to us at an “open for inspection” property or an auction;
  8. when we inspect a rental property or property for sale;
  9. by providing to us or us collecting your business card;
  10. by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, Youtube and Linked In (Social Media Sites);
  11. by participating in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site.

We may also collect your Personal Information from:

  1. third parties such as credit reporting agencies;
  2. publicly available sources of information;
  3. any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.
  4. To whom may Personal Information be disclosed?

We may disclose your information:

  1. to our partners, employees, affiliates, subsidiaries, related bodies corporate, contractors and service providers, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators;
  2. to our marketing partners, consultants, retailers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
  3. to third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
  4. with the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our services that are viewable by the general public;
  5. with third parties with whom you choose or consent to let us share information, for example other apps or websites that integrate with our Website; and
  6. any organisation with your consent;

together (Third Parties).

We, or the Third Parties, may disclose specific individual information if we or they reasonably believe that such disclosure is necessary to comply with applicable laws or regulations, or to protect our interests, our employees and consultants, our business partners, affiliates or its guests, or the interests of our Third Parties.

We may also disclose your personal information:

  1. as required by law;
  2. to enforce our terms and conditions; and
  3. in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale.

Any Third Parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy. These entities or their servers may be located in various places around the world.

  1. How to Complain about Privacy and the Website and access, correct, update, delete or exercise other rights regarding your Personal Information

We take reasonable steps in the circumstances to ensure that the Personal Information that we collect, use and disclose is accurate, up to date and complete. Where an individual requests to have Personal Information corrected, we will take reasonable steps to correct the Information as quickly as is reasonably possible, having regard to the purpose(s) for which it is held and this paragraph 8.

Where permitted by law, if you would like to request to access, correct, object to the use of, restrict or delete Personal Information that you have previously provided to us, you may contact us via the details at paragraph 14 below: ‘Contact Us’ and we will respond to your written request  as soon as possible consistent with applicable law.

If you wish to assess, correct or amend your Personal Information held by us, you may do so by written request. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you used to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

We may also need to retain certain information for legal purposes, record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

Complaints

If you have any complaints about our dealings with your Personal Information, including any alleged breaches by us of any APPs, or any questions regarding this Privacy Policy, please contact us with your complaint or query in writing. Please see our contact details at paragraph 14 below: ‘Contact Us’. We will endeavour to attend to and resolve your complaint as soon as possible, taking into account the nature and complexity of the issues and/or queries raised.

We will treat the complaint process, and all the details of your complaint as strictly confidential save that we may give a copy of your complaint to any affected party for their comment so we can properly investigate any issues. We will determine what (if any) action we should take to resolve the complaint and notify you of our decision and our reasons.

If you are not reasonably satisfied with the way we have dealt with your complaint you may file a complaint with the Office of the Australian Information Commissioner. For more information about how to escalate your complaint with the Privacy Commissioner, please visit: https://www.oaic.gov.au/privacy/privacy-complaints

  1. What happens to Non-personal Information?

Marshall White may collect Non-personal Information on the Website including but not limited to which sections of the Website are most frequently visited, how often the Website sections are visited, for how long the Website is used and associated information. This data is always used as aggregated, Non-personal Information, and may be shared with Marshall White agents, consultants and employees to provide them with information relating to how our users access and use the Website. This is done for the purpose of providing you with the best and most efficient services.

  1. Minors

We do not solicit or knowingly collect Personal Information from Minors. If we discover that we have received Personal Information from an individual who indicates he or she is, or that we otherwise have reason to believe is, a Minor, we will promptly delete such information from our systems. A Minor’s parent or legal guardian may request that the Minor’s Personal Information be corrected or promptly deleted from our files by contacting us via the details in paragraph 14 below: ‘Contact Us’. Please note that your request or our deletion may not ensure complete or comprehensive removal of the content or information.

  1. Website use and Cookies

We may use cookies or other similar tracking technologies on our website to recognise a user’s browser each time that you visit our Website, to track which pages you visit whilst on our Website and to push advertisements to your internet protocol address. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies may not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them (or disable them), however, your use of our Website may be affected as it may not work as intended.

If you view the online webpage relating to any of our properties for lease or sale, you may enquire further about the property by manually completing an online enquiry form or by authenticating your details through your Facebook or LinkedIn account. If you choose to authenticate your details via your Facebook or LinkedIn account, we may be provided with Personal Information linked to your account.

If you ‘like’ or ‘follow’ us or a property via our Facebook or Linked In pages, we may be able to view your Facebook page, subject to your Facebook privacy settings.

We may provide you with a unique password to verify your identity before allowing access to some features of the Website. You are responsible for maintaining the secrecy of this password and therefore any information which can be viewed by entering this password on the Website. You are responsible for notifying us of any loss or unauthorised use of your password.

The Website is hosted in Australia. If you do not reside in Australia, then by using the Website, you consent to the transfer of any personal information to Australia.

  1. Security

We may hold your Personal Information and Non-personal Information in either electronic or hard copy form. We take reasonable steps to protect your information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Information. However, we cannot guarantee the security of your Personal Information and we will (subject to the law) not be held responsible for any breach of security, disclosure or unwilful loss of information.

We cannot guarantee secure transmission of Personal information submitted via the internet through our Website.

  1. Privacy and Website Changes

We reserve the right to change this Privacy Policy from time to time. The latest Privacy Policy will be available from our offices and from the Website and will take effect once posted on the Website.

As our Website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which you transmit to us online is transmitted at your own risk.

  1. Contact Us

If you have any queries about the privacy policy or require further information on how we handle Personal Information, you are invited to contact our office using the following details:

  1. Email us at [email protected]
  2. Call us on 03 9822 9999
  3. Contact us via post at Level 1, 1111 High Street, Armadale VIC 3143