Privacy Policy

1. Introduction

Fusion Realty (ABN 19 117 047 275) ("we", "us", "our") is committed to protecting your privacy and handling your personal information in an open and transparent manner.

This Privacy Policy explains how we collect, hold, use, and disclose your personal information in accordance with:

• The Privacy Act 1988 (Cth) (the "Privacy Act");
• The Australian Privacy Principles (APPs) contained in Schedule 1 of the Privacy Act;
• The Notifiable Data Breaches (NDB) scheme.

By using our website at www.fusionrealty.com.au (the "Website") or engaging our property management services (the "Services"), you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy.

We encourage you to read this Privacy Policy carefully. If you have any questions, please contact us using the details provided at the end of this policy.

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2. Information We Collect

The types of personal information we may collect depend on your relationship with us. This may include:

2.1 Personal and Contact Information

• Full name and title;
• Date of birth;
• Residential and postal addresses;
• Email address;
• Telephone numbers (home, work, mobile);
• Emergency contact details.

2.2 Property-Related Information

• Property ownership details;
• Property addresses and descriptions;
• Rental history and references;
• Current and previous residential addresses;
• Lease or occupancy agreement details.

2.3 Financial Information

• Bank account details (for rent payments or disbursements);
• Credit card information (for payment processing);
• Income and financial position details (for rental applications);
• Rent payment history.

2.4 Employment Information

• Employer name and contact details;
• Position and length of employment;
• Income details and proof of employment;
• Employment references.

2.5 Identification Documents

• Driver's licence details;
• Passport details;
• Medicare card;
• Other government-issued identification.

2.6 Website Usage Information

• IP address;
• Browser type and version;
• Device type and operating system;
• Pages visited and time spent on pages;
• Referring website addresses;
• Search queries and property views.

2.7 Sensitive Information

We generally do not collect sensitive information (such as information about racial or ethnic origin, political opinions, religious beliefs, health, or criminal records) unless:

• You voluntarily provide it to us;
• It is required by law; or
• We have obtained your consent.

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3. How We Collect Information

We collect personal information in various ways, including:

3.1 Directly From You

• When you complete forms on our Website (enquiry forms, rental applications, registration forms);
• When you contact us by phone, email, or in person;
• When you enter into a lease, occupancy agreement, or management agreement;
• When you lodge maintenance requests through our portal;
• When you attend property inspections;
• When you provide documents or information in support of an application.

3.2 Through Our Website

• When you browse our Website, we automatically collect certain technical information;
• When you create an account and use our secure portals;
• When you use our property search features;
• Through cookies and similar tracking technologies (see Section 8).

3.3 From Third Parties

With your consent or where permitted by law, we may collect information from:

• Previous landlords, property managers, or rental agencies;
• Employers for employment verification;
• Personal and professional referees;
• Tenancy databases (e.g., TICA, National Tenancy Database);
• Credit reporting bodies;
• Government agencies (for identity verification);
• Third-party service providers engaged by us.

3.4 Unsolicited Information

If we receive personal information that we have not requested (unsolicited information) and we determine that we could not have collected this information in accordance with the APPs, we will destroy or de-identify that information as soon as practicable, unless it is contained in a Commonwealth record or it is unlawful to do so.

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4. Why We Collect Information

We collect personal information for the following primary purposes:

• Property Management Services: To provide effective property management services to landlords, tenants, and occupants;
• Rental Applications: To assess and process rental applications, including conducting background, employment, and reference checks;
• Lease Administration: To prepare, execute, and manage lease and occupancy agreements;
• Financial Transactions: To collect rent, process payments, and manage financial accounts;
• Maintenance and Repairs: To coordinate property maintenance and repairs;
• Communication: To communicate with you about our services, your property, or your tenancy;
• Legal Compliance: To comply with legal and regulatory obligations;
• Dispute Resolution: To handle complaints, disputes, and tribunal proceedings;
• Marketing: To provide you with information about our services and property listings (with your consent);
• Business Improvement: To improve our services and Website experience.

If we cannot collect the information we need, we may not be able to provide you with our services or process your application.

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5. How We Use Your Information

We use your personal information to:

5.1 Provide Our Services

• Process and assess rental applications;
• Manage lease and occupancy agreements;
• Collect rent and manage trust accounts;
• Arrange property inspections;
• Coordinate maintenance and repairs;
• Respond to enquiries and requests;
• Provide access to our online portals.

5.2 Communicate With You

• Send service-related communications;
• Provide updates about your property or tenancy;
• Respond to your enquiries;
• Send important notices and reminders.

5.3 Meet Legal Obligations

• Comply with the Residential Tenancies Act 2010 (NSW);
• Comply with tax and financial reporting requirements;
• Respond to lawful requests from government authorities;
• Maintain records as required by law.

5.4 Marketing (With Your Consent)

• Send property listings that may interest you;
• Provide information about our services;
• Send newsletters and updates.

You may opt out of marketing communications at any time (see Section 10).

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6. Disclosure of Information

We may disclose your personal information to:

6.1 Property Owners and Landlords

If you are a tenant or prospective tenant, we may share your information with property owners to:

• Assess your rental application;
• Manage your tenancy;
• Report on property matters.

6.2 Service Providers

We may share relevant information with:

• Tradespeople and contractors (for maintenance and repairs);
• Cleaning services;
• Building and pest inspectors;
• IT service providers;
• Payment processing providers;
• Document storage providers.

6.3 Third-Party Organisations

Where appropriate and with your consent, we may share information with:

• Tenancy databases (for breach of agreement records);
• Credit reporting bodies;
• Insurance providers;
• Previous or subsequent property managers;
• Real estate agencies.

6.4 Government and Regulatory Bodies

We may be required to disclose information to:

• NSW Civil and Administrative Tribunal (NCAT);
• NSW Fair Trading;
• Australian Taxation Office;
• Law enforcement agencies;
• Other government bodies as required by law.

6.5 Professional Advisors

We may share information with our:

• Legal advisors;
• Accountants;
• Auditors;
• Insurance brokers.

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7. Data Security

We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure.

7.1 Security Measures

Our security measures include:

• Technical Security: SSL/TLS encryption for data transmission, secure servers, firewalls, and intrusion detection systems;
• Access Controls: Password-protected systems, role-based access restrictions, and secure authentication;
• Physical Security: Secure office premises with restricted access;
• Staff Training: Privacy and security awareness training for all staff;
• Document Security: Secure storage and disposal of physical documents.

7.2 Data Retention

We retain personal information only for as long as necessary to:

• Fulfil the purposes for which it was collected;
• Comply with legal and regulatory requirements;
• Resolve disputes and enforce agreements.

When personal information is no longer needed, we will take reasonable steps to securely destroy or de-identify it.

7.3 No Absolute Guarantee

While we take all reasonable precautions, no method of transmission over the Internet or method of electronic storage is 100% secure. We cannot guarantee the absolute security of your information.

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8. Cookies and Tracking

8.1 What Are Cookies?

Cookies are small text files that are placed on your device when you visit a website. They help websites remember your preferences and improve your browsing experience.

8.2 How We Use Cookies

We use cookies and similar technologies to:

• Essential Cookies: Enable core website functionality (login sessions, security features);
• Performance Cookies: Collect information about how visitors use our Website;
• Functionality Cookies: Remember your preferences and settings;
• Analytics Cookies: Help us understand Website usage patterns.

8.3 Google Analytics

We use Google Analytics to collect and analyse Website usage data. Google Analytics uses cookies to collect information about your Website visits. The information generated is transmitted to and stored by Google. For more information about Google Analytics, please visit: Google Privacy Policy.

You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

8.4 Managing Cookies

Most web browsers allow you to control cookies through their settings. You can:

• View and delete cookies;
• Block all cookies or third-party cookies;
• Set preferences for certain websites.

Please note that disabling cookies may affect the functionality of our Website and your user experience.

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9. Your Rights - Access and Correction

9.1 Right to Access

Under the Australian Privacy Principles, you have the right to request access to the personal information we hold about you. We will provide you with access to your information unless:

• Providing access would pose a serious threat to the life, health, or safety of any individual;
• Providing access would have an unreasonable impact on the privacy of other individuals;
• The request is frivolous or vexatious;
• The information relates to existing or anticipated legal proceedings;
• Providing access would be unlawful;
• Denying access is required or authorised by law.

9.2 Right to Correction

If you believe that the personal information we hold about you is inaccurate, incomplete, out-of-date, irrelevant, or misleading, you have the right to request that we correct it.

We will take reasonable steps to correct the information unless we disagree that it requires correction. If we refuse to correct your information, we will provide you with a written explanation of our reasons.

9.3 How to Make a Request

To request access to or correction of your personal information:

1. Contact our Privacy Officer using the details in Section 15;
2. Provide sufficient information to identify yourself and the information you are seeking;
3. We may ask you to verify your identity before processing your request;
4. We will respond to your request within a reasonable timeframe (usually within 30 days).

9.4 Fees

We do not charge a fee for receiving or processing an access request. However, we may charge a reasonable fee for providing access if your request requires substantial time or resources. We will inform you of any applicable fees before processing your request.

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10. Direct Marketing

10.1 Marketing Communications

We may use your personal information to send you marketing communications about:

• Property listings that may interest you;
• Our property management services;
• Market updates and property news;
• Special offers and promotions.

We will only send you marketing communications if you have consented to receiving them or where we are otherwise permitted to do so by law.

10.2 Opt-Out

You may opt out of receiving marketing communications at any time by:

• Clicking the "unsubscribe" link in any marketing email;
• Contacting us using the details in Section 15;
• Updating your communication preferences in your portal account.

Please note that even if you opt out of marketing communications, we may still send you service-related communications that are necessary for managing your property or tenancy.

10.3 Third-Party Marketing

We do not sell, rent, or share your personal information with third parties for their direct marketing purposes without your explicit consent.

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11. Overseas Disclosure

11.1 Data Storage

We primarily store and process your personal information in Australia. However, some of our service providers, such as cloud storage providers and software platforms, may store or process data in other countries.

11.2 Safeguards

Before disclosing personal information to an overseas recipient, we will take reasonable steps to ensure that:

• The overseas recipient is subject to a law or binding scheme that provides privacy protections substantially similar to the APPs; or
• The recipient has entered into a contractual arrangement with us requiring them to handle your information in accordance with the APPs; or
• You have consented to the overseas disclosure after being informed that APP 8.1 (which would otherwise make us accountable for the overseas recipient's acts) will not apply.

11.3 Countries

Our service providers may be located in countries including (but not limited to):

• United States of America;
• European Union member countries;
• Other countries where reputable cloud service providers operate.

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12. Notifiable Data Breaches

We have procedures in place to deal with data breaches in accordance with the Notifiable Data Breaches (NDB) scheme under Part IIIC of the Privacy Act.

12.1 What is an Eligible Data Breach?

An eligible data breach occurs when:

• There is unauthorised access to, or disclosure of, personal information, or information is lost in circumstances where unauthorised access or disclosure is likely to occur;
• A reasonable person would conclude that the breach is likely to result in serious harm to any of the individuals to whom the information relates.

12.2 Our Response

If we have reasonable grounds to believe an eligible data breach has occurred, we will:

• Conduct a reasonable and expedient assessment of the breach;
• Notify affected individuals as soon as practicable;
• Notify the Office of the Australian Information Commissioner (OAIC);
• Take steps to contain the breach and minimise harm.

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13. Complaints

13.1 Making a Complaint

If you believe we have breached your privacy or have handled your personal information inappropriately, you can make a complaint by:

• Contacting our Privacy Officer using the details in Section 15;
• Providing a detailed description of your complaint;
• Including any relevant supporting documentation.

13.2 Our Complaint Process

When we receive a privacy complaint, we will:

• Acknowledge receipt of your complaint within 5 business days;
• Investigate the matter and keep you informed of progress;
• Respond to your complaint within 30 days (or advise you if we need more time);
• Take appropriate action to resolve the complaint.

13.3 External Complaints

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

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14. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

When we make changes, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Privacy Policy on our Website;
• For significant changes, we may notify you by email or through a prominent notice on our Website.

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information. Your continued use of our Website and Services after any changes constitutes your acceptance of the updated Privacy Policy.

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15. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our handling of your personal information, please contact our Privacy Officer: