Privacy Policy

Our Commitment to Protect Your Privacy

David Gilmour Real Estate Pty Ltd trading as Upstate (Upstate, we, us, our) seeks to provide the best possible service to our clients across residential sales, residential property management, commercial sales and leasing, commercial asset management, project sales, design and marketing, and concierge, by providing the best possible experience along your real estate journey.

We understand how important it is to protect your personal information. This Privacy Policy sets out our commitment in respect of personal information you may provide to us and explains how your data is handled by Upstate.

By using our services, you consent to us collecting, maintaining, using and disclosing your personal information in the way described in this Privacy Policy.

If anything is not clear from this Privacy Policy, please email us at meschell@upstate.com.au.

 

Our Principles

Upstate is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs). We will also comply with other privacy laws or regulations where we are legally obliged to do so. This Privacy Policy outlines how we collect, use, disclose and manage your personal information.

As an Australian based organisation, we are bound by the APPs in the Privacy Act, which regulate how organisations may collect, use, disclose and store personal information, and how individuals may access and correct personal information held about them.

In this Privacy Policy, ‘personal information’ has the same meaning as defined by section 6 of the Privacy Act: information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from that information or opinion.

 

Collection

We collect your personal information so that we can provide you with the products, services or information you require. This may include (but is not limited to) your name, location, age, property details, phone number, email address, postal address, identity details, utility details and account or payment details you provide when interacting with us.

If you do not provide the information we request, we may be unable to provide our services to you effectively, or at all.

Our services and support are provided through numerous channels, including our website, mobile applications, email, telephone, paper forms and in-person meetings. The specific channel or service you interact with may affect the personal information we collect.

We may also collect information on how you use our website, your product preferences, opinions and other personal preferences. Other information automatically collected when you visit our website may include (without limitation) your Internet Service Provider, operating system, browser information, IP address or other device identifiers, location and time/date stamp.

At times, we may collect personal information from platforms outside our control maintained by a third party — for example, social media, messaging services, or a publicly available source or platform we subscribe to. In such instances, that platform is governed by its own privacy policy. We only collect information from sources permitted to disclose it to us, and any information we collect is governed by this Privacy Policy.

 

How We Collect Personal Information From You

We will endeavour to collect personal information about you directly from you. In some circumstances it may be necessary for us to verify the information you provide, and to obtain copies of documents or contact third parties to obtain documents or information.

 

Directly From You

Across our sales, leasing, property management, commercial asset management and projects divisions, we use personal information collected from current and prospective vendors, tenants, landlords, buyers and other clients so that we can provide our services and perform our duties and obligations under our agency agreements.

 

Open Home and Site Inspections

Personal information is collected from you during an open home or site inspection for:

— security purposes;
— so that we may contact you about that property and other properties that may interest you; and
— to offer other services Upstate provides, such as Commercial Asset Management, Concierge, or referral to third parties offering services that may interest you (such as home loans).

 

Website Contact Forms

When you complete a contact form on our website, we collect that information and use it to respond to your enquiry. We may also use it to inform you of relevant services we provide, in line with your original enquiry.

 

Mailing List

If you sign up to one of our mailing lists, you have opted in and consented to us sending you emails relating to the services or products we provide as a company.

 


What We Collect and Receive From Other Sources

We may collect personal information about you from other sources where permitted by the Privacy Act, and where reasonably necessary in connection with any services we supply. Examples include:

— agents, other owners, insurers and underwriters, contractors, and legal, financial and other advisors, in relation to a tenancy, lease or contract for sale of a property;
— public registers, including the National Tenancy Database (TICA);
— property data and listing portals, including realestate.com.au, Domain and RP Data; and
— social network widgets and buttons. By clicking or using any social network widget on our website, you understand that you do so in accordance with the terms and privacy policy of that service. ‘Liking’ or ‘Following’, and content posted using these widgets, may become visible to your social network.

 

What We Collect From Your Online Activity

upstate.com.au uses cookies and other digital identifiers that fall into the following categories:

— Site performance indicators — give us information on how our website is used, so we can improve your experience.
— Analytics cookies — give us statistics on how many people visit our website, which areas are popular and which need improvement.
— Advertising cookies — help us understand what type of advertising is likely to be relevant to you.

Cookie rights: you can disable cookies by changing your browser’s security settings. This may affect how some items are displayed on our website.

 

Use and Disclosure

We only use personal information for the purpose for which it was collected, or for purposes directly related to one of our functions or activities (for example, direct marketing purposes and connecting with potential clients through promotional activities).

We may disclose this information to other parties, including:

— potential purchasers or vendors; media organisations; publicly, on the internet or in print media; to Upstate clients (existing or potential); and to parties engaged to manage or evaluate a property (e.g. pest and building inspectors, owners corporations, financial institutions, valuers). We will not provide your information to these third parties unless you have consented, or you would reasonably expect, or have been informed, that information of this kind would be passed on;
— suppliers and other third-party service providers, including IT and data consultants, with whom we have commercial relationships for business, marketing and related purposes;
— third-party service providers who may hold or process your information on our behalf outside Australia, including ‘in the cloud’. We take reasonable steps to ensure any overseas recipient complies with the APPs, or is subject to laws or binding schemes offering similar protection;
— artificial intelligence tools used in the course of our business (for example, in drafting communications or analysing property preferences). Any use of AI tools by Upstate staff, and any personal information processed through them, is governed by Upstate’sinternal AI Usage Policy and handled in compliance with applicable privacy laws;
— a party (including its legal, financial or other professional advisers) in connection with a proposed acquisition of, or investment in, our business, where that arrangement includes personal information; and
— where otherwise required or authorised by law, including in response to a request or subpoena from a court or tribunal, or a request from the Australian Taxation Office, or to prevent or lessen a serious and imminent threat to someone’s life or health.

Prior to disclosing your personal information to another entity, body or party, we will take all reasonable steps to satisfy ourselves that the third party has a commitment to protecting your personal information at least equal to our own.

Where sensitive information is collected, stored, used or transferred about you, we will only use it if you have given consent, or in the exercise or defence of a legal claim. Sensitive information includes information relating to your racial or ethnic origin, political persuasion, memberships of trade or professional associations or unions, sexual preferences, criminal record, or health.

By providing this information, you consent to us using it in this way, unless you advise us otherwise.

 

Direct Marketing

We may use your personal information to provide you with current information about Upstate and the Northern Beaches property market, our local community, changes to our organisation, or new products or services offered by us or any company we are associated with.

 

Opt Out

If you do not wish to receive marketing information, you may decline to receive it at any time by using the ‘unsubscribe’ facility in the communication, or by contacting us at [email protected]. We will take all reasonable steps to meet your request at the earliest opportunity.

Quality of Personal Information

We do our best to ensure your personal information is up to date and accurate at all times, as this allows us to deliver a better service to you. If any information we hold about you needs to be corrected, please contact us at hello@upstate.com.au.

 

Data Security

We take active steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure, and against other misuse. Once collected, your personal information is held securely on infrastructure owned or controlled by us, or by a third-party service provider who has taken reasonable steps to comply with the Privacy Act. Every Upstate employee and worker must abide by this policy. While we cannot share the details of our security systems and procedures for security reasons, you can contact us at hello@upstate.com.au with any questions.

 

Access and Correction

If you find that any personal information we hold about you is incorrect, contact us at hello@upstate.com.au and we will endeavour to assist you. Under Australian privacy laws, there may be situations where we cannot provide access to your personal information — for instance, if it would reasonably affect someone else’s privacy or pose a threat to someone’s life, health or safety, if it relates to an existing or anticipated legal proceeding involving you, or if your request is vexatious. We will explain our reasons if we deny you access to your personal information.

For personal information collected by third parties, including when visiting our website, please refer to their privacy policy and contact them directly.

 

Changes to Our Privacy Policy

We regularly review our policies to keep pace with market expectations, technology, and changes in law and marketplace practice. We may update this Privacy Policy from time to time as the need arises.

 

Complaints Handling

If you have a complaint, or believe there has been a breach of the Australian Privacy Principles or a registered APP code, please contact us using the details below.

 

How to Contact Us

We understand your personal information is important to you, and want you to feel confident that it will be treated with appropriate respect. If you have any questions or concerns about this policy or our practices, please contact us:

— Email: meschell@upstate.com.au
— Post: David Gilmour Real Estate Pty Ltd trading as Upstate, Level 1, Suite 15, 888 Pittwater Road, Dee Why NSW 2099
— Web: upstate.com.au