Privacy Policy

Agent Up ("we", "us", or "our") is committed to protecting the privacy of your personal information. We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). This Privacy Policy explains how we collect, use, hold, and disclose personal information in connection with our real estate services. By using our services or accessing our website at agentup.com.au, you consent to the practices described in this policy.

1 What Is Personal Information?

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not. It includes sensitive information such as health information or financial details.

2 What Personal Information We Collect

The types of personal information we may collect will depend on the services we provide to you. This may include:

• Contact details: name, residential address, postal address, phone number(s), and email address
• Identification information: date of birth, driver's licence or passport details
• Financial information: income details, assets, liabilities, credit history, and bank account details (where relevant)
• Property information: details of properties you own, are purchasing, have enquired about, or are selling
• Transaction information: details of real estate transactions you are involved in
• Employment information: employer, occupation, and employment history (where relevant)
• Family and personal circumstances: marital status, number of dependants (where relevant to a property transaction)
• Other information: any other information you choose to provide or that is necessary to deliver our services

We will only collect sensitive information (such as health or financial information) with your consent, or where required or permitted by law.

3 How We Collect Personal Information

We collect personal information by lawful and fair means, directly from you wherever reasonably practicable — for example, when you:

• Contact us via phone, email, or our website enquiry form
• Request a property appraisal
• Engage us as your selling agent
• Attend an open home or inspection
• Submit an offer or enter into a contract
• Sign up to receive property alerts or marketing communications

Where it is unreasonable or impracticable to collect directly from you, we may collect from other sources such as your legal representatives, accountants, or financial advisers; publicly available sources (e.g. title searches, ASIC records); other real estate agents or professionals involved in a transaction; the Office of the Registrar of Titles (Queensland); the REIQ or other industry bodies; and government agencies or law enforcement where permitted by law.

4 Why We Collect and Use Your Personal Information

We collect and use personal information for the following primary purposes:

• To provide our real estate services — including listing and marketing properties, conducting appraisals, facilitating inspections, preparing and negotiating contracts, and managing settlement
• To communicate with you — including responding to enquiries, providing property updates, and contacting you by phone, email, or SMS
• To comply with legal and regulatory obligations — including the Property Occupations Act 2014 (Qld), Body Corporate and Community Management Act 1997 (Qld), anti-money laundering legislation, and other applicable Queensland and Commonwealth laws
• To verify your identity — in accordance with our legal and compliance obligations
• To market our services to you — including sending information about properties and services we think may be of interest (subject to your right to opt out)
• For internal business purposes — including record-keeping, quality assurance, and staff training
• For any other purpose you have consented to, or that you would reasonably expect

We will not use or disclose your personal information for any other purpose without your consent, unless required or permitted by law.

5 Disclosure of Your Personal Information

We may disclose your personal information to third parties where necessary to provide our services or meet our legal obligations, including:

• Your representatives — solicitors, conveyancers, accountants, mortgage brokers, or financial advisers
• The other party to a transaction — buyers, sellers, or their representatives, to the extent required to facilitate a property transaction
• Service providers — IT and software providers, marketing agencies, printing and mailing houses, and other contractors who assist us in running our business
• Property listing portals — such as realestate.com.au or domain.com.au, for the purpose of marketing properties
• Government agencies — including the Queensland Office of Fair Trading, ATO, AUSTRAC, or law enforcement, where required by law
• Professional advisers — including our solicitors, accountants, and insurers
• Industry bodies — such as the REIQ, where required
• Any other party with your consent, or where otherwise permitted or required by law

We will take all reasonable steps to ensure that third parties handle your personal information in a manner consistent with this Privacy Policy and the APPs.

6 Disclosure to Overseas Recipients

We do not routinely disclose personal information to recipients outside Australia. However, some of our third-party service providers (such as cloud storage or software providers) may store or process data on servers located overseas. Where this occurs, we take reasonable steps to ensure those parties comply with privacy standards equivalent to the APPs, or that you have consented to such disclosure. If we send your personal information overseas, we do so in accordance with APP 8 of the Privacy Act.

7 Website and Cookies

Our website may use cookies — small text files stored on your device — to improve your browsing experience, analyse website traffic, and provide relevant content. Cookies do not identify you personally but may capture information such as your browser type, device type, IP address, and pages visited.

You may disable cookies through your browser settings at any time, though this may affect the functionality of our website.

We may use website analytics tools (such as Google Analytics) to understand how visitors use our site. These tools may collect anonymised data about your interaction with our website. You can opt out of Google Analytics tracking via the Google Analytics Opt-out Browser Add-on.

8 Direct Marketing and Opting Out

We may use your personal information to send you information about properties, market updates, and our services that may be of interest to you. All marketing communications will comply with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth).

You may opt out of receiving marketing communications at any time by clicking the "unsubscribe" link in any email we send, or by contacting us directly using the details at the end of this policy. We will action all opt-out requests promptly and at no cost to you.

9 Security of Your Personal Information

We take all reasonable steps to protect the personal information we hold from misuse, interference, loss, and unauthorised access, modification, or disclosure. Our security measures include:

• Physical security of our office premises and paper-based records
• Restricted staff access to personal information on a need-to-know basis
• Password protection, encryption, and other technical security measures for electronic records
• Staff training on privacy and confidentiality obligations

While we take every reasonable precaution, please be aware that the transmission of information over the internet is never completely secure. You send us information via the internet at your own risk.

When personal information we hold is no longer required and we are not required by law to retain it, we will take reasonable steps to destroy or permanently de-identify it.

10 Notifiable Data Breaches

In the event of a data breach that is likely to result in serious harm to any individual whose personal information is involved, we will act in accordance with our obligations under the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth). This includes notifying affected individuals and the Office of the Australian Information Commissioner (OAIC) as required.

11 Accuracy of Personal Information

We take reasonable steps to ensure that the personal information we hold is accurate, up to date, complete, relevant, and not misleading. We encourage you to contact us if you believe the information we hold about you needs to be updated or corrected.

12 Accessing and Correcting Your Personal Information

Under the Privacy Act, you have the right to access the personal information we hold about you and to request that it be corrected if it is inaccurate, out of date, incomplete, irrelevant, or misleading.

To make a request, please contact us using the details below. We will respond within a reasonable timeframe and may ask you to verify your identity before releasing any information. We will not charge you for making an access request, but we may charge a reasonable fee for the costs of retrieval (we will advise you of any such fee in advance).

If we refuse your request, we will provide written reasons. You may then seek a review of our decision by contacting the OAIC.

13 Complaints

If you have a complaint about how we have handled your personal information, or believe we have breached the APPs, please contact us first so we can investigate and attempt to resolve the matter. Put your complaint in writing using the contact details below. We will acknowledge your complaint promptly and aim to provide a substantive response within 30 days.

If you are not satisfied with our response, you may escalate to the Office of the Australian Information Commissioner (OAIC):

14 Links to Third-Party Websites

Our website may contain links to third-party websites, including property listing portals and social media platforms. We are not responsible for the privacy practices of those websites and encourage you to review their privacy policies before providing any personal information.

15 Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal obligations, or business operations. The current version will always be available on our website. Your continued use of our services after any update constitutes your acceptance of the revised policy.