These Terms are between you or the company or person that you represent (the Principal) and Hutly Pty Ltd ACN 633 649 573 (Hutly). If you are entering into these Terms on behalf of a Principal, you warrant that you have the requisite authority to do so.
2.1 "Personal Information" is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.
3.1 The types of Personal Information we may collect about an individual will depend upon the nature of our interaction with them. Personal Information that we collect may include (but is not limited to) the following:
(b) age and/or date of birth
(c) contact details including telephone numbers (landline and/or mobile)
(d) current, previous and future address (including postal address)
(e) email address
(g) identification information such as driving licence details, including driving licence number
(h) payment details, such as your credit card or bank account details
(i) transaction and booking history
(j) occupation and employment details including employment status and any previous work experience
(k) information from or in connection with your resume or job application if you apply for a position with us
(l) geographical location, including GPS coordinates
(m) Australian Business Number (ABN)
(n) trade references, credit references or reports from a third party
(o) credit information
(p) consumer and commercial credit reports
(q) financial information including your ABN or ACN, assets and liabilities, investment and loan accounts, insurance application details, consumer spending
(r) passport and visa details
(s) photographs and/or images of you from camera footage
(t) property ownership details
(u) insurance information(v) rental references and prior rental contacts
(w) information about a property and its rental data (including data from the relevant Form 18a (Queensland) or other standard rental form), and
(x) consumption habits and preference information from social media accounts and profiles.
3.2 We collect and record Personal Information about individuals such as:
(a) owners, tenants, agents and other parties interested in properties (e.g. maintenance providers)
(b) our suppliers and potential suppliers and their representatives, directors, partners, proprietors and shareholders
(c) contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us
(d) our employees past and present, including applicants, and
(e) any other person who comes into contact with Hutly.
4.1 We collect your Personal Information to allow us to conduct our business functions, to provide, market and sell our products and services and for the specified purposes set out in paragraph 6. In some circumstances the collection of Personal Information may be required by law.
4.2 We may collect your Personal Information in the course of providing you with goods or services, or:
(a) when you apply to rent a property
(b) when you list a property for rent
(c) if you purport to represent an owner or tenant
(d) when you otherwise use or buy our products or services (including the Hutly Platform)
(e) when you provide us, or you offer or apply to supply us, with goods or services
(f) when you provide information to us in any way (including by completing a form when using our app, disclosing information over the phone or via email, or providing us a business card)
(g) when you request information about us, our products or our services
(h) when you provide feedback to us
(i) when you visit or fill in a form on the Website or on our app (see paragraph 5)
(j) when we contact you to market our products or services
(k) when you register for or use an account on our Website or on our app
(l) when you visit premises from which we operate
(m) when you (or your employer) provide that information to us in the course of conducting or administering our relationship with you, or when you are carrying out activities in connection with our business operations
(n) when you submit a job application to us
(o) when you otherwise contact us by telephone, fax, email, social media, post or in person, or
(p) where we are otherwise required or authorised by law to do so.
4.3 Generally, when providing our products and services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers or contractors, we collect Personal Information directly from the relevant individual where reasonable and practicable.
4.4 We may also collect Personal Information about you from third parties and other sources such as:
(a) third party service providers which Hutly has contracted with, listed from time to time on the Hutly platform description at https://hutly.com/terms-conditions (Platform Description)
(b) our partners such as local State and Territory real estate institutes and bodies in respect of property and rental data
(c) your nominated representatives (eg spouse accountant, power of attorney, brokers, agents and other professional advisors)
(d) related entities, companies and businesses of Hutly
(d) publicly available sources of information
(f) commercial credit providers, or
(g) credit reporting bodies who provide information about credit worthiness,
but we will only collect your Personal Information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.
4.5 If the Personal Information we collect includes sensitive information, including health information, we will ask for your consent to collect sensitive information, unless the law allows us to collect it without your consent.
4.6 Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.
5.1 Personal Information may be collected by us and by our third party service providers who assist us in operating the Hutly platform at https://hutly.com , including its subdomains and any other website we operate from time to time (collectively the Website).
5.2 We may use various technological methods from time to time to track the visiting patterns of individuals accessing our Website, including but not limited to the methods set out in this paragraph 5.
5.3 Google Analytics
We use Google Analytics to help analyse how you use our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users' computers. The information generated is used to create reports about the use of our Website. Google will store this information.
5.4 If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout .
5.5 Click Stream Data
When you read, browse or download information from our Website, we or our internet service provider may also collect information such as the date, time and duration of a visit, the pages accessed, the IP address of your computer, and any information downloaded. This information is used for statistical, reporting and website administration, maintenance and improvement purposes.
Our Website may use 'cookies' from time to time. Cookies are small text files that are transferred to a user's computer hard drive by a website for the purpose of storing information about a user's identity, browser type or website visiting patterns. Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used. We use this information to enhance the content and services offered on our Website.
5.7 Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using. If you access our Website or click-through to our Website from a link in an email we send you, a cookie may be downloaded onto your computer's hard drive.
5.8 Cookies may also be used for other purposes on our Website.
5.9 You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
5.11 Web Beacons
Web beacons are images that originate from a third party site to track visitor activities. We use web beacons to track the visiting patterns of individuals accessing our Website.
5.12 Third party content (eg social media links)
Some of the content on our Website includes plug-ins to third party service providers such as the Resolve Disputes Online platform which is used in the case of disputes between users. We also link to applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party plug-ins and applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these plug-ins or applications or the collection and use practices of the relevant third parties. Please visit the relevant third party websites or the relevant terms and conditions set out in the Platform Description to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.
6.1 We use the Personal Information we collect about you for our business functions and activities, in order to operate our business efficiently, and to market our products and services for the benefit of our customers.
6.2 We may collect, hold and use your Personal Information:
(a) to verify your identity
(b) to allow you to list a property
(c) to allow you to apply to rent a property
(d) to allow you to enter into a block chain based electronic contract (Living Contract) with respect to a property
(e) to identify and communicate with you
(f) to perform maintenance or resolve disputes
(g) to enable us to provide you with requested information, products or services
(h) to facilitate property inspections
(i) to otherwise assist customers by providing them with information and support
(j) to collect and process payments including rent
(k) to undertake property market research and analysis
(l) in respect of information about properties and rental data, to create products (including data products) and commercialise those products in connection with the Hutly platform
(m) to help us to manage and enhance the Hutly platform and other products or services we provide to you
(n) to conduct research for the purposes of improving existing products or services or creating new products or services
(o) to help us to manage and enhance goods and services we procure from our suppliers and subcontractors
(p) to personalise and customise your experiences on our Website
(q) to manage and administer any account you may hold with us
(r) to allow you to purchase products from third parties which we may refer you to
(s) to carry out credit checks
(t) to carry out checks on the Personal Property and Securities Register (PPSR) (which may involve a disclosure to the PPSR operator) to confirm your business' details including ACN or ABN
(u) to facilitate the lodgement of bonds with relevant agencies and processing of bond returns
(v) to carry out debt and equipment recovery functions
(w) to promote and market our products and services to you
(x) to provide you with information that we believe may be of interest to you or that you may be interested in receiving, including advertising material, regarding us, our clients, and our business partners
(y) to help us research the needs of our customers to enable us to market our products and services with a better understanding of your needs and the needs of customers generally
(z) to notify and assess insurance claims, pay settlements and finalise claims, and determine liability
(aa) to protect you and us from fraud
(bb) to provide for the safety and security of workers and onsite visitors
(cc) to help us manage our business operations
(dd) for business support purposes including maintenance, backup and audit
(ee) to process any job application submitted by you
(ff) to respond to any queries or complaints you may have, or
(gg) to comply with our statutory and legal obligations.
6.3 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.
6.5 We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:
(b) required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).
7.1 Hutly may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 6. Depending on the circumstances and the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us or through us (including providers of plug-ins), or to other third parties (such as your referee(s) in connection with a job application you have submitted).
7.2 We may also disclose your Personal Information to:
(a) providers of plug-ins
(b) providers of maintenance, dispute resolution, property inspection and identity verification services
(c) other parties or potential parties to a Living Contract
(d) property agents
(e) property owners, tenants or potential tenants
(f) business partners, including your local real estate institute
(g) our customers or clients who purchase or subscribe to our products (including data products) in connection with the Hutly platform, in respect of information about properties and rental data
(h) any of Hutly's internal divisions, business units or departments
(i) your nominated representatives
(j) other organisations or individuals who assist us in providing products and services to you
(k) professional service providers and advisors who perform functions on our behalf, such as lawyers
(l) medical providers including medical and rehabilitation practitioners for assessing insurance claims
(m) representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, printing, mailing, marketing, planning and product or service development)
(n) debt collecting agencies
(o) financial planners
(p) mercantile agents
(q) banks, mortgage insurers, leaders, valuers, real estate agents (referees), insurers, brokers, auditors, business consultants and IT service providers, and
(r) Government, regulatory authorities and other organisations as required or authorised by law (such as Centrelink or the Police).
7.3 We may also disclose your Personal Information collected and stored in our rental platform to a relevant local real estate institute in circumstances where we no longer provide the platform to that local real estate institute. In those circumstances the local real estate institute may collect, use and disclose that Personal Information (including to its third party service providers) for its ongoing purposes in connection with its provision of products and services in replacement of or similar to our rental platform.
7.4 As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire information. In such transactions, Personal Information may be among the transferred assets. Similarly, in the event that a portion or substantially all of our business or assets are sold or transferred to a third party, we may also disclose information including your Personal Information to a purchaser or potential purchaser in connection with the sale or potential sale of us, our business or any of our assets, including in insolvency.
8.1 From time to time, some of your Personal Information may be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers.
(a) our offices or related entities are overseas
(b) we outsource certain activities overseas
(c) transactions, information, services or products have an overseas connection, or
(d) our computer systems including IT servers are located overseas.
10.1 You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, telemarketing, email, SMS and MMS messages.
10.2 If you do not want to receive marketing information from us or if you want to stop receiving telemarketing, you can unsubscribe in any of the following ways:
(a) clicking on the 'Unsubscribe' or subscription preferences link in a direct marketing email that you have received from us
(b) logging into your account on the Website and editing your communication preferences, or
(c) contacting us using the contact details specified in paragraph 15.
10.3 If you provide your consent to receiving direct marketing from third parties, we will provide them with your Personal Information relevant to their products or services, to enable them to identify opportunities and send relevant information and advertising material to you. This may include your name and contact details, as well as other information forming part of the Living Contract relevant to the third party's services. Our disclosure of your Personal Information may be for the purposes of enabling the relevant third party to direct market to you on their own behalf, not on Hutly's behalf. You can request that we stop sharing your information with third parties for these purposes at any time by using the contact details specified in paragraph 15. However for third parties with whom we have already shared your Personal Information in accordance with this paragraph, you may need to contact those third parties directly if you'd like to no longer receive direct marketing from each of them.
11.1 We aim to keep your Personal Information secure. Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.
11.2 If we find that we no longer require or have no further need for your Personal Information we may de-identify it or remove it from our systems and destroy all record of it.
12.1 You are generally entitled to access Personal Information that we hold about you. If you request access to your Personal Information, in ordinary circumstances we will give you full access to your Personal Information. Depending on the nature of the request, Hutly may charge for providing access to this information, however such charge will not be excessive. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where we are required by law to give those reasons.
12.2 You can access and correct some of your Personal Information through the Website or our app by logging into your account and updating or editing your profile at any time. Alternatively, a request for access can be made by contacting us in any of the ways specified in paragraph 15.
12.3 We take all reasonable steps to ensure that any Personal Information we collect and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete.
12.4 Please contact us in any of the ways specified in paragraph 15 if you believe that the Personal Information is inaccurate, incomplete or out of date, and we will use all reasonable efforts to correct the information.
12.5 It would assist us to ensure we properly understand your request, and allow us to respond more promptly, if requests are made in writing and include as much detail as possible.
13.2 It would assist us to respond to your complaint promptly if it is made in writing. Please detail information relevant to your complaint.
13.3 We will notify you of the outcome of our investigation.
15.1 If you:
(b) wish to make a complaint in relation to a breach of your privacy
(c) would like to access your Personal Information held by us
(d) would like to update or correct your Personal Information held by us, or
(e) would like to opt out of direct marketing,
please contact our privacy representatives in any of the following ways:
Suite 14 / 30 Florence Street, Teneriffe QLD 4005, Australia
36-38 Young Street, Sydney NSW 2000, Australia
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