Privacy Policy
Sell-Smart Pty Ltd ACN 648 916 027 and its related company Smart Group Consortium Pty Ltd ACN 648 890 582 manages the information that we collect from you in accordance with applicable privacy legislation. In this Policy, “Sell-Smart and its related companies may be referred to as “we”, “our” and/or “us”.
This Privacy Policy sets out the basis on which personal information that we collect from you will be used by us. By providing personal information to us, you expressly consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. We may change our Privacy Policy from time to time and we encourage you to check our website periodically for updates.
By accessing www.sell-smart.com.au and our platform you accept and agree to the Terms and Conditions of Sell-Smart’s and acknowledge that your personal data may be collected, used, and disclosed in accordance with this Privacy Policy. Note that under Sell-Smart’s Terms and Conditions, you must be over the age of 18 years old to use the service.
We recognise the importance of your privacy, and we are committed to its protection. We adhere to the Australian Privacy Principles (APP) contained in the Privacy Act 1988 (Cth) (Privacy Act), subject to exemptions that are applicable to use under the Privacy Act.
Privacy Information we collect directly from you
Sell-Smart collects personal data when you pre-register with Sell-Smart. This includes your full name, mobile phone number, email address and location. In circumstances where the below information is not disclosed to us, we may be unable to provide the Services to you and carry out our contractual obligations with you.
Sell-Smart collects personal data when you register with Sell-Smart. This includes:
- a) Your full name, residential address, phone number, email address and other contact details
- b) Your birth date and gender
- c) Your real estate agent preference details and payment preference
- d) Your device type, your operating system, your location information, your connection information, data and statistics on your website activity, details regarding your mobile application, advertising data, your IP address and various web log information
- e) Your activity information regarding how you engage with our website and platform;
- f) Information that is required or authorised by law;
- g) Any other personal information that you choose to provide in connection with your dealings with us.
If your personal details change, it is your responsibility to update your Sell-Smart account with those changes, so that we can keep our records complete, accurate and up to date.
To enable us to improve our existing services, to create new features, and to serve you and others with targeted marketing communications, Sell-Smart collects information about the way you use the Services, including the transactions you enter into on the Services, your reviews and ratings, the quote request you make, quotes and invoices submitted.
Information we collect automatically when you use the Services and the Platform
Sell-Smart may also receive and record the following information from your browser and computer, including through cookies and similar technologies, when you use the Services or Platform:
- Computer and connection information such as data on page views, traffic to and from the Services and/or Platform, referral URLs, IP address, unique device ID, browsing history and web log information.
- Information about your activity and use of the Services and/or Platform, including the data and time you visit the Services and/or Platform, other website usage information, and emails or SMS that you open, forward or click through to get to the Services and/or platform.
We may collect the precise location of your device when the platform is running in the foreground or background or when the Platform is closed. We may also use various technologies to identify and confirm your
location. When you use the Services, we also infer the general location of your device and the geographic regions our customers come from.
Information or data we obtain from other sources
In addition to the data we collect from your submissions, we also receive data from third parties, such as social media sites that you connect to your account as well as from the identity verification service providers and other Smart Group Consortium companies.
We work with third party verification providers to perform identity checks, license, certifications, and insurance checks and receive publicly available information such as business information.
We may also receive additional information about you from third parties such as data or marketing partners and combine it with other information we have about you.
1. Collection of Your Personal Data
We may collect personal information from you whenever you input information of a personal nature into our website or application.
Service providers may hold personal information on our behalf. Where a service provider holds any personal information, we require them to be compliant with the APP and the Privacy Act to ensure no mishandling of any personal information you have provided us.
Staff will be trained to ensure personal information is handled correctly and will only handle personal information where necessary.
We may disclose, hold, collect, store, use or otherwise deal with personal information as follows:
(i) in providing services to you;
(ii) to enable you to use our website;
(iii) to operate, manage, control and improve our website;
(iv) to fix technical issues (including ‘bugs’) regarding our website;
(v) to investigate and consider data analytics for marketing and general business performance enhancement purposes;
(vi) to communicate with you regarding the website (including any support queries, updates and security issues);
(vii) to communicate with you regarding marketing and promotional messages, as well as other information that may potentially be of interest to you;
(viii) to consider search engine optimisation and ancillary matters;
(ix) to respond to an emergency, including investigating a potential data breach;
(x) to conduct surveys and promotions (whether from us or our business partners);
(xi) for our operations and financial requirements, as well as those of our related companies;
(xii) to process payments (with the assistance of third parties), including creating tax invoices or receipts;
(xiv) to comply with relevant statutory obligations where collecting your information. Some of the key laws which may apply include the:
(A) Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth);
(B) Personal Property Securities Act 2009 (Cth) and State and Territory real property and security interests laws;
(C) Financial Sector (Collection of Data) Act 2001 (Cth);
(D) Taxation Administration Act 1953 (Cth), the Income Tax Assessment Act 1936 (Cth) and other taxation laws.
(xv) to enforce our legal rights, to comply with our legal obligations and to otherwise manage legal disputes; and
(xvi) to respond to complaints made by you.
(b) We will only use personal information for marketing purposes if we have collected such information directly from you. We do not use sensitive personal information for this purpose.
(c) You agree and consent to us using and disclosing your personal information for any of the purposes listed in clause 6.
2. How we use your personal data
Sell-Smart uses cookies and similar tracking technologies for a number of purposes included to access your information when you sign in, keep track of your preferences, direct specific content to you, report on Sell-Smart’s customer base, and improve Sell-Smarts Platform and Services. We may also use cookies or anonymous identifies when you interact with affiliate service providers and as further described below.
We use the following types of cookies and similar technologies:
Advertising Cookies: Sell-Smart may use advertising cookies and similar technologies to deliver its content, including advertisements relevant to you and your interest. This includes technologies used to measure the effectiveness or usefulness to you of certain advertisements and content that is delivered to you.
Browser and system controls: You may choose to set your browser or operating system to limit certain tracking or decline cookies, but this may limit the number of features or services you can access through the platform. Each browser and operating system are different, so please check your browser or operating systems settings or help section to learn more about how to delete or disable cookies.
Functionality Cookies: We use functionality cookies or similar technologies that enable us to offer you enhanced functionality when accessing or using the Services and/or Platform. This may include identifying you when you login to the website, keeping your signed in as your browse or keeping track of your preferences, interest, or past views so that we may enhance the presentation of content on our website and platform.
Performance Cookies: We use performance cookies or similar technologies to access the performance of the Services and/or Platform. We use this information to analyse and understand how you and other visitors use the Services and/or Platform so that we can improve the experience through content and layout. We also use performance cookies to track the number of visitors and unpack the popularity of features.
Strictly Necessary Cookies: We use cookies and similar technologies that are necessary in the operation of our Services and/or Platform. This includes technology that enables you to access our website, services, platform or that are required to identify irregular site behaviour, prevent fraudulent activities and impose security, or that allow you to make use of our Services and/or Platform.
3. Cookies and other technologies
Sell-Smart may disclose the information We collect from you as follows:
- Sell-Smart Affiliates: We may share your personal data with our affiliated companies.
- Service Providers: We share your personal data with third party Service Providers that provide business, verification, professional or technical support functions for us, help us operate our business, the Services and Platform, or administer activities on your behalf.
- Analytics Partners: We use analytics services such as Google Analytics and Mixpanel to collect and process certain analytical data. These services may collect other information about your use of other websites, apps, and online resources.
- Advertising Partners: We work with third party advertising partners to show you ads that we think may be of interest to you.
- Other Third Parties: We may share your personal data with other third parties who participate in Sell-Smarts marketing initiatives, as authorised by you or on an aggregate basis, and with consultants, advisors, and analytics providers as necessary to measure and improve the Services we provide to you. We do not rent, sell, or share information about you with non-affiliated third parties for their direct marketing purposes, unless we have your permission.
- Sharing between Users: We may share information such as ratings and reviews about you, with other users who are looking for Service Providers on the platform.
- Legal Matters and Safety: We may share your personal data to respond to judicial process or provide information to law enforcement and regulatory agencies or in connection with an investigation on matters related to public safety or by law. We may also share your personal data if we believe that there has been a violation of terms and conditions, our rights, or any third party.
- Sale of Transfer of Business or Assets: In the event that we or one of our businesses, are sold or disposed of, whether by merger, sale of assets or otherwise, or in the event of insolvency, bankruptcy, or receivership, your personal data may be one of the assets sold or merged in connection with the transaction.
- With Your Permission: We may share your personal data with any other third party with your consent or as necessary to deliver the service you requested.
4. How we share Your Personal Data
Your personal information may be stored by us either digitally or in physical hard copy. We will take reasonable steps to protect your personal information.
You provide your personal information to us at your own risk. We cannot guarantee the safety or security of your personal information. Like all businesses, our security safeguards may be subject to attack, interference, misuse, or unauthorised access. We are not responsible for the safety, security, and data protection policies of third parties. You are entirely responsible for maintaining the security of your passwords and/or account information. We encourage you to contact us if you suspect that there is any potential safety, data protection or security risks regarding your personal information.
5. Safety and Security
Our website may contain links to external websites. Those external websites are operated by third parties, not us. We provide those links for the purposes of convenience only. If you do choose to open a link to an external website, you should review the privacy policy adopted in relation to that website (as it will be different to this Privacy Policy). We have no control over external websites. Opening any externals links will be done so at your own risk.
6. External Links
When you register on the Services and/or the Platform you may be given an opportunity to elect or decline to receive updates on our latest news, special offers and services, and those of our valued affiliate service providers (“Marketing Material”), via your Sell-Smart account, email address, mail, or telephone. If you conclude a transaction of the Services, you may also be given the opportunity to opt-in to receive Marketing Material from SellSmart and our valued affiliate service providers.
Once you opt-in to receive Marketing Material, you may, at any time, opt-out of receiving Marketing Material. To opt-out you can click on the “unsubscribe” link in any email containing Marketing Material that we send you, or you can request an opt-out by emailing Sell-Smart using the contact information provided on the Services. If you no longer consent to receiving Marketing Material then you must opt-out in one of these ways.
Sell-Smart may contact you as the result of a referral by another user of the Services who has provided us with contact information, such as your name and email address. The use of contact information received in connection with a referral will be governed by this Privacy Policy. You may, at any time, opt-out of Sell-Smarts referral system by emailing Sell-Smart using the contact information provided on the Services.
Sell-Smart reserves the right to send you administrative and account-related messages even if you opt out of receiving Marketing Material.
7. Marketing
Under the Privacy Act, you have the right to:
(i) request access to your personal information;
(ii) ask us to update or correct your personal information when it is out of date, inaccurate or incomplete; and
(iii) opt-out of receiving direct marketing communications.
Please contact us if:
(i) you would like to access your personal information; or
(ii) you think we hold inaccurate or out-of-date personal information about you.
(c) We will provide you with a digital copy of our current records of your personal information at no cost. However, if any of those records are stored in archives, we may charge you for providing such access.
(d) We may seek to verify your identity before providing you with your personal information (or considering any requests in relation to it) to ensure that your information is not inappropriately accessed.
(e) You may not have access to the credit-related personal information that we hold about you where:
giving access would be unlawful; or
(ii) denying access is required or authorised by or under an Australian law or a court/tribunal order; or
(iii) giving access would be likely to prejudice one or more enforcement related activities conducted by or on behalf of an enforcement body.
8. Accessing and updating information
We may collect the following personal information from prospective employees when recruiting employees:
(i) your full name;
(ii) your residential address;
(iii) your contact details;
(iv) your qualifications; and
(v) your work history.
(b) We may also collect personal information from third parties, such as recruitment agencies or referees, necessary for the recruitment process, including:
(i) your tax file number;
(ii) your superannuation information; and
(iii) other information necessary to conduct background checks to determine suitability for certain positions (such as a police check).
9. Prospective employees
If you need to get in contact with us (including to request access to your personal information, to make a complaint about our privacy practices or for further information about our Privacy Policy or practices), please contact us in writing at:
To: Complaints Department
Address: Suite 702, 112 Main Street Mornington VIC 3931.
Phone number: 0411 873 111 Complaints Manager Email: admin@sell-smart.com.au
We will consider your query, complaint, or other communication to consider whether there is any immediate action required to resolve the issue. If this is the case, we will generally respond to you within a few business days. However, if your query requires further consideration, we will try to carry out the investigation in a timely manner. We may need further information or details from you to assist. If you have made a complaint, we will try to respond to you in writing within 30 calendar days. We will let you know if we expect your complaint will take longer to resolve.
Additionally, you can lodge a complaint with the Office of the Australian Information Commissioner (https://www.oaic.gov.au/) if you are not satisfied with how we manage your complaint. Please include all relevant information when you contact us (including your name, email, and a clear description of your query).
