Privacy Notice

WHO AM I?

I am an eXp Agent acting as an independent contractor to eXp Australia Pty Ltd (ACN 633 936 295) (“eXp AU”). eXp AU is a provider of estate agency services.

eXp AU is a subsidiary of eXp World Holdings, Inc. a company incorporated in State of Washington, United States (“eXp US”). In this Privacy Policy, references to “eXp” mean eXp AU and eXp US and each of them.

This Privacy Policy describes how eXp AU collects and uses your personal information in accordance with the Privacy Act 1988 (Cth), and any other laws applicable to the handling of your personal information to which eXp is subject, in each case as amended or updated from time to time (‘Privacy Legislation’). This Privacy Policy also describes how eXp US collects and uses your personal information in accordance with the Privacy Legislation.

eXp respects your privacy and is committed to protecting your personal information. eXp is required under Privacy Legislation to provide you the information contained in this Privacy Policy. Please read the following carefully to understand eXp’s practices regarding the treatment of your personal information:

  • when you visit or use a website or any mobile application owned or operated by eXp (the “Sites”), including opening and using an online user account, regardless of where you visit or use the Sites from; and/or
  • which we otherwise receive or collect from you in the course of the provision of our services. It also describes certain privacy rights and data protection laws that may apply to you.

It is important that you read this Privacy Policy together with any other privacy notice we may provide on specific occasions when we are collecting personal information about you so that you are fully aware of how and why we are using your personal information. This Privacy Policy supplements other such notices and is not intended to override them.

WHAT PERSONAL INFORMATION IS COLLECTED FROM YOU?

Summary

We will only collect personal information about you that is required to serve the purpose or purposes for which it was collected. This includes for the purposes of the development and conduct of my business as an eXp Agent and in accordance with the instructions of eXp. The type of personal information collected will depend upon whether you are an eXp customer, a prospective customer or a Site visitor, the purpose for which the information is required, and eXp’s legal and regulatory obligations. Your personal information may be collected in a number of ways, including when you communicate or register with me through the Sites, or by telephone, post, or e-mail.

Please note that eXp may process your personal information without your knowledge or consent where this is required or permitted by law.

Further informationCustomers

If you are an eXp customer, then the information that I collect from you on behalf of eXp may include the following:

  • contact details (including names, postal addresses, email addresses and telephone numbers)
  • a copy of your driver’s license, passport, or other suitable documentation to identify you
  • your credit card or debit card details if you make a payment for any services
  • your username and password for any online account with eXp AU
  • information about any services you have requested us to provide and your activities in relation to those services
  • any information you send to us, including information relating to the matters about which you contact an eXp Agent, and
  • information as required by regulatory “know your client”, anti-money laundering or proceeds of crime legislation — some of this information we may request or obtain from third-party sources.
Users of the Sites

If you are a user of the Sites then the information that I collect from you on behalf of eXp (including when you interact with features of the Sites or request information) may include the following:

  • your name and contact details (i.e., address, home and mobile phone numbers, email address)
  • your username and password
  • anything you download from the Sites, and
  • any information that you input into the Sites.
Cookies

eXp uses "cookies" on the Sites. A cookie is a small file of letters and numbers that is placed on the hard drive of your computer or device when you visit certain websites. Cookies may be used, for example, to identify whether you have visited a website before or if you are a new visitor and to help identify website features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site. For more information please visit:http://www.allaboutcookies.org

eXp’s Cookie Notice which applies to the Sites is available here http://www.allaboutcookies.org

WHY IS YOUR PERSONAL INFORMATION COLLECTED?

eXp may use and disclose your personal information for purposes necessary for the performance of a contract with you, for example, for the processing or fulfillment of the provision of its services and to comply with its legal obligations.

eXp may use and disclose your personal information for marketing, business creation, development, management and statistical and research purposes, which will include analysis and tracking of transactions and the creation of marketing profiles.

All personal information collected is processed in compliance with relevant Privacy Legislation.

Your personal information may be used and disclosed for the following purposes, to the extent that they apply to you:

  • to perform customer services to fulfill eXp’s contractual obligations toward you and to provide the best customer service we can
  • to support eXp’s business processes including information technology, electronic communications and electronic documents storage, management and transmissions
  • to support eXp’s business operations, administration and to prevent fraud
  • to safeguard your personal information and eXp’s IT system with appropriate security
  • to exchange information, conduct due diligence and answer your initial questions, to take steps required to enter into a contract with you, to protect our legal rights and a third party’s rights, or, on the basis of your consent
  • to keep you up-to-date with news that may be of interest to you and to use your personal information for marketing purposes
  • to present eXp Sites and online content in the best possible way for you and on your computer, to keep eXp’s Sites updated and relevant, to develop our outreach and business operations and to develop marketing strategy
  • for business transactions such as a merger, acquisition by another company, or sale of all or a portion of our assets, and/or
  • to comply with legal and regulatory requirements applicable to us (including the need to prevent and combat money laundering).

I will only use and disclose your personal information for the purposes of the development and conduct of my business as an eXp Agent. This may include using your personal information for purposes necessary for the performance of a contract with you and to enable eXp to comply with its legal obligations.

If you fail to provide certain information when requested, eXp or I may be unable to perform a contract entered into with you, or may be prevented from complying with our legal obligations.

eXp will only use your personal information for the purposes for which it collected it, pursuant to this Privacy Policy, unless it reasonably considers it needs to use it for another reason and the reason is compatible with the original purpose. If eXp needs to use your personal information for an unrelated purpose, eXp will notify you, and will explain the legal basis which allows it to do so. I may communicate this notification on eXp’s behalf.

Marketing

You may receive marketing communications from eXp if you are an eXp customer or if you have given your consent or where it has a lawful right to do so and, in each case, you have not opted out of receiving that marketing. You can ask eXp to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you or by emailing  privacy@expaustralia.com.auat any time.

HOW LONG IS YOUR INFORMATION HELD?

eXp will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, legitimate administrative or operational purposes, and any reporting requirements.

The retention period is determined by the nature and duration of your relationship with eXp, local laws, contractual obligations, eXp’s reasonable business requirements and your expectations and requirements. To determine the appropriate retention period for personal information, eXp will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which your personal information is processed, whether those purposes can be achieved through other means, and the applicable legal requirements.

When it is no longer necessary to retain your personal information, eXp will securely delete or de-identify your personal information (so that it can no longer be associated with you and is no longer treated as personal information), in which case eXp may use this information indefinitely without further notice to you.

If you request that eXp stops sending you marketing materials, it will keep a record of your contact details and appropriate information to enable it to comply with your request not to be contacted again.

SHARING YOUR PERSONAL INFORMATION
Summary

To provide its products and services and effectively run its business, eXp needs to transfer and share your personal information. Transfer and sharing of personal information will occur to:

  • third party service providers used by eXp
  • eXp US in the United States, and
  • to public and regulatory bodies in the event we are required to do so

Some of these transfers will involve international transfers of your personal information outside Australia including to eXp’s data centres or those of its service partners or public and regulatory bodies.

More information
Categories of recipients

Your personal information may be disclosed to any of the following categories of recipients:

  • eXp’s third party service providers
  • other vendors, suppliers or other third parties used by eXp in connection with the provision of its products and services including administrative, payment processing, IT, marketing, printing, shipping, fulfillment, web tools, fraud prevention, services as required to obtain the services needed to operate its business or to provide products and services to customers
  • eXp US in the United States
  • professional advisers including lawyers, bankers, auditors, and insurers who provide consultancy, banking, legal, insurance and accounting services, and
  • public authorities or enforcement bodies if required to do so by law or legal process, in response to a request from government authorities or if eXp believes that disclosure is necessary to prevent personal harm, financial loss or take action in relation to suspected unlawful activity or serious misconduct

All third party service providers are required to take appropriate security measures to protect your personal information and are not allowed to use your personal information for their own purposes. eXp only permits them to process your personal information for specified purposes and in accordance with its instructions.

eXp reserves the right to transfer your personal information in the event of a sale or transfer of all or a portion of its business or assets. Should such a sale or transfer occur, the transferee will be required to use your personal information in a manner consistent with this Privacy Policy and the applicable legal framework.

International transfers of your personal information

eXp AU and eXp US share infrastructure, personnel and service providers. eXp US also provides certain customer and support services to eXp AU. As a result, eXp US will receive or have access to and will process your personal information.

Some of eXp’s third party service providers are based outside Australia so their processing of your personal information involves a transfer of your personal information outside Australia. These third party service providers are located in the US and Japan.

Unless we have your consent or an exception under the Australian Privacy Principles applies, we will only disclose your personal information to overseas recipients where we have taken reasonable steps to ensure that the overseas recipient does not breach the Australian Privacy Principles in relation to your personal information.

Please contact me or eXp if you want further information on the specific mechanisms used when transferring any of your personal information out of Australia.

DATA SECURITY

eXp places great importance on the security of all personal information associated with its customers and other individuals. eXp has put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered, or disclosed. For example, any personal information you provide to me will be processed on eXp’s secure servers. eXp’s secure server software encrypts the information to protect your information against unauthorised access, use and disclosure.

In addition, access to your personal information is limited by eXp to those persons who have a business need to know. They will only process your personal information under eXp’s instructions, and they are subject to a duty of confidentiality.

eXp has put in place procedures to deal with any suspected or actual data security breach and will notify you and any applicable regulator of a suspected or actual breach where it is legally required to do so.

YOUR RIGHTS IN RELATION TO YOUR PERSONAL INFORMATION
Summary

Depending on the facts and circumstances related to the personal information collected or obtained about you, you may have rights regarding the personal information held about you under relevant Privacy Legislation. These include the right to request access to, or the correction of, the personal information held and a right to complain about how your personal information is handled.

Right to request access and correction

Under certain conditions, you may have the right to request from eXp, among other things:

  • access to your personal information, and
  • the correction of inaccurate or incorrect personal information.

Please contact eXp via our data inquiry requests page, available at:

TRUSTe

eXp may need to request specific information from you to help it to confirm your identity and ensure your right to access your personal information. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. eXp may also contact you to ask for further information in relation to your request to speed up its response.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights), but you may be charged for the reasonable time and expense incurred in compiling information in response to your request.

eXp may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles. If eXp does refuse your request, eXp will provide you with a written reason for its decision and, in the case of a request for correction, eXp will include a statement with your personal information about the requested correction.

Unsubscribe from electronic marketing communications

Where you may have provided your consent to the collection and use of your personal information for direct marketing purposes, you have the right to withdraw your consent. You can exercise this option at any time by contacting eXp AU either by post: Level 13, 50 Cavill Avenue, Surfers Paradise, Queensland 4217; or by email: privacy@expaustralia.com.au

If you would like to unsubscribe from any electronic marketing communication you can also click on the ‘unsubscribe’ button at the bottom of the relevant communication. It may take up to 5 days for this to take place.

Right to complain

eXp and I hope that we can resolve any query or concern you raise about eXp’s use of your personal information. However, if you believe that your personal information is not being lawfully processed by eXp under applicable Privacy Legislation, you may make a complaint about privacy to me or eXp’s Privacy Officer using the contact details set out below.

eXp’s Privacy Officer or I will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint.

Your complaint will then be investigated. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.

In most cases, we will investigate and respond to a complaint within a reasonable time, usually within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.

If you are not satisfied with our response to your complaint, you may make a complaint to the Office of the Australian Information Commissioner (“OAIC”). The OAIC can be contacted by telephone on  1300 363 992 or by using the contact details on the website www.oaic.gov.au.

Amendments to this Privacy Policy

eXp may update this Privacy Policy from time to time, and reserves the right to do so. If eXp makes material changes to the way that personal information is collected, used or shared, eXp will provide reasonable notice by posting the revised Privacy Policy on the Sites and/or emailing the revised Privacy Policy to you before the changes take effect.

Privacy Policy last updated: May 23, 2020