Privacy policy & terms of use

Terms of Use

This website is operated by Atlack Pty Ltd (we, us or our) and includes:

information provided by our franchisees
links to other web sites not operated by Raine & Horne

Your access to and use of information and services included on this website is conditional upon your acceptance of the following terms and conditions of use, and any other terms on this website. We reserve the right to add, change, alter, and delete these terms and conditions without notice.

1. Disclaimer of Warranties & Liabilities

Information on this website has been prepared for your convenience. Your use of this website and its contents is at your own risk. It is the responsibility of the user to independently verify the information made available on the website. We make no warranties that information on this website is reliable, complete, accurate or up-to-date. Information on this website is subject to change.

To the extent permitted by law, Raine & Horne Newtown and its officers, employees or agents will not be liable in any way (including for negligence) for loss, damage, costs or expenses suffered by you, or claims made against you through use of:

(a) the website

(b) services or information included on this website. This includes, without limitation:

(i) any other application services provided on the website
(ii) any forms or guidelines available on the website

(c) any failure to provide the website. Raine & Horne Newtown does not promise the website will be available without disruption,

(d) any information, products or services supplied, offered to be supplied or advertised through the website or on any website linked to this website.

To the extent permitted by law, all warranties, conditions and representations about the website or Raine & Horne's products or services, the accuracy or timeliness of material, products and services advertised, offered or supplied via the website are excluded.

Where any legislation implies a condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under any such condition or warranty, that condition or warranty will be deemed included.

However, our liability will be limited for a breach of that condition or warranty to one or more of the following at our election:

(a) if the breach relates to goods:

(i) replacement of goods or supply of equivalent goods
(ii) repair of goods,
(iii) paying costs of replacing goods or of acquiring equivalent goods or;
(iv) paying cost of having goods repaired.

(b) if breach relates to services:

(i) supplying of services again or;
(ii) paying cost of having services supplied again.

2. Your responsibilities

(a) Information on the website

We do not assume liability or responsibility for any errors or omissions on this website. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information on this website.

(b) Exposure to risks to computer system

You must take your own precautions to ensure that the process that you employ for accessing this website does not expose you to risk of viruses, malicious computer code or other forms of interference which might damage your own computer system.

We and any other party involved in creating producing, or delivering this website, will not be liable for any direct, incidental, consequential, indirect or punitive damages, costs, loss of data, customer losses, loss of profits or economic losses or liabilities whatsoever arising out of your access to, or use of, this website. We do we accept responsibility for any interference or damage to your own computer system which arises with your use of this website or any linked website.

3. Indemnity

You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities and costs arising out of, or in connection to the use of the website, the services by you or someone using your member identification and password.

4. Links to other sites

Links to other websites are provided for your convenience and may not remain current or be maintained. We:

do not review, approve, recommend or endorse linked websites or materials or information on those linked websites in any way unless, and to the extent, stipulated to the contrary
make no warranty in relation to material contained on those linked sites
are not responsible for content of linked sites or any off-site pages linked to this site.

You access those linked sites and use products and services made available at those sites solely at your own risk. You do not hold us liable for your access, use or reliance on the linked websites.

5. Security of Information

No data transmission over the internet can be guaranteed as totally secure. While we serve to protect such information, we do not warrant and cannot ensure the security of any information you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

You must:

(a) comply with all directions issued by us in relation to the use of your identification and password to parts of the website or services and keep your password secure

(b) notify us immediately if you become aware that your password has been compromised or is known to a third party, or there has been unauthorised use of your identification and password, so we can take steps to deactivate your member identification.

6. Privacy Policy

Atlack PtyLtd ABN 45 087 408 704 provides real estate services including but not limited to:

The leasing and management of commercial, retail, industrial, short-term, holiday, rural and residential properties; and
The sale of commercial, retail, industrial, short-term, holiday, rural and residential properties; and
The acquisition of commercial, retail, industrial, short-term, holiday, rural and residential properties; and
Brokerage services.

This policy applies to Atlack Pty Ltd ABN 45 087 408 704 and the URL https://rhng.com.au. It sets out the policies of Raine & Horne relating to personal information provided to us, or collected by us, including through our websites. Unless you give your express consent otherwise, the following policy governs how we handle your personal information and safeguards your privacy. By providing your personal information to us you agree to this policy.

Note: Third-party internet sites accessible via the above-mentioned websites, including websites that may be independently owned and operated by individual Raine & Horne Offices, may have separate privacy and data-collection practices not controlled by Raine & Horne. Raine & Horne takes no responsibility for those independent policies and will not be liable for any actions of third parties in relation to privacy. It is recommended that you refer to those sites' own privacy policies to learn how they collect and use your personal information.

The Privacy Act 1988 (Cth)(the Act) allows for 'personal information', including 'sensitive information' (which are defined in the Act) about you to be collected, used and disclosed provided we have provided you with notice and in certain circumstances also obtained your consent. In this Privacy Policy and, where appropriate, a reference to 'personal information' includes 'sensitive information'.

We reserve the right to review and if necessary, change this Privacy Policy. We may (from time to time) update, revise, amend or replace this Privacy Policy by posting any changes to it on our website or by giving you any other form of notification.

This Privacy Policy is available on our website, at our head office and may also be made available to you when requested.

We are bound by the Act and the Australian Privacy Principles (APP) which regulate the collection, use and disclosure of personal information. This Privacy Policy explains:

The scope of our Privacy Policy;
Why we collect personal information;
What personal information we collect;
How we collect and use your personal information;
How we disclose your personal information;
Your right to access your personal information;
Your right to correct your personal information;
How we protect the integrity of your personal information;
Your right to make a privacy complaint; and
How you can contact us regarding privacy concerns.

What personal information we collect:

We collect personal information that is reasonably necessary for one or more of its functions or activities.

The type of information that we collect, and hold may depend on your relationship with us. For example:

Candidate: if you are a candidate seeking employment with us, we may collect and hold information including your name, address, email address, contact telephone number, gender, age, employment history, references, resume, medical history, emergency contact, taxation details, qualifications, and payment details.

Customer: if you are a customer of ours, we may may collect and hold information including your name, address, email address, contact telephone number, gender, age, bank details and next of kin.

Supplier: if you are a supplier of ours, we may collect and hold information including your name, address, email address, contact telephone number, business records, billing information, and information about goods and services supplied by you.

Sensitive information: we will only collect sensitive information where you consent to the collection of the information and the information is reasonably necessary for one or more of our functions or activities. Such functions include if you apply for a rental property or enquire to either lease or purchase one of our properties. Sensitive information includes, but is not limited to, information or an opinion about racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, membership of a trade union, sexual preferences, criminal record, health information or genetic information.

If you feel that the personal information that we are requesting at any point is not information that you wish to provide, please feel free to raise this with us.

How we collect personal information from you

We will collect personal information from you in the following circumstances:

Property Management

if you are a prospective or current landlord and you want us to manage your property, then we will collect personal information from you in order to identify you and the property;
if you are a prospective or current tenant and/or you inspect any rental property, then we will collect personal information from you when you attend the property inspection;
if you are a prospective or current tenant and you want to rent a property, then we will collect personal information from you, usually at the rental application stage from the rental application and supporting documentation that you supply. If you are the successful tenant then we may also collect personal information from you during the continuation of any tenancy or lease agreement with the landlord; and
if you are a prospective tenant who has enquired about a property listed by us, then we will collect personal information from you, usually at the enquiry stage whether that be by telephone, email, in person or online enquiry.

Sales

if you are a prospective or current vendor and you want us to act as your sales agent, then we will collect personal information from you in order to identify you and the property;
if you are a prospective or current purchaser and you inspect any property, then we will collect personal information from you when you attend the inspection;
if you are a prospective purchaser who has enquired about a property listed by us, then we will collect personal information from you, usually at the enquiry stage whether that be by telephone, email, in person or online enquiry; and
subject to the other provisions of this Privacy Policy, we may also collect personal information from you when you make any other enquiry with us about the property.

Generally

if you are a candidate seeking employment with us, we may collect and hold personal information from you to assess your suitability for employment with us.
if you are a supplier of Ours, we may collect and hold personal information from you to ensure we can adequately identify you and arrange payment as necessary.

How we collect personal information from other sources

We can collect personal information about you from other sources in any manner permitted by the Act. We will only collect personal information from other sources where it is reasonably necessary for us to do so in relation to, or in connection with, any services we are supplying in connection with our real estate and/or strata agency business. Examples of such sources of personal information include:

from your agents, other owners, insurers and underwriters, contractors, legal, financial and other advisors in relation to or in connection with any tenancy, lease or contract for sale of the property;
from public registers;
from publicly available information;
from property valuers or related service providers;
from our other service providers including any third party that has been authorised to supply us with personal information;
by entering competitions, promotions, or requesting information or material from us;
completing surveys, providing feedback or complaining to us;
publicly available sources of information or any other organisations where you have given your consent; and
social media.

When the law authorises or requires collection of personal information

There are laws that may require us to collect and disclose your personal information. For example, we may be required to collect and disclose your personal information pursuant to the relevant State or Territory's property industry legislation, including any regulation under that law.

How your personal information may be used

We may collect, use and disclose your personal information for the following purposes including:

Property Management

to identify and/or verify the identity of any prospective or actual landlord or tenant for any property we manage or propose to manage;
to process and assess any application received in relation to a tenancy or lease of any property;
to advertise, market and promote any tenancy or lease of any property;
to negotiate and prepare any tenancy agreement, lease or any other document for any property;
to liaise and exchange information with the landlord or the tenant as well as their agents, contractors, legal, financial and other advisors in relation to or in connection with any tenancy or lease of the property;
to manage any tenancy or lease agreement including the collection of rent and other amounts on behalf of the landlord and the preparation of required statements of account;
to ensure the safety and security of landlords and existing occupiers and of each of their property in connection with the inspection of any property by prospective tenants;
to provide your insurer with information relating to or connected with any property;
to comply with any applicable law in connection with the tenancy agreement or lease;
to confirm whether the landlord or tenant is registered for GST purposes;
to tell you about any other rental property that we are managing or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Sales

to identify and/or verify the identity of any prospective or actual vendor for any property;
to advertise, market and promote the sale of any property;
to negotiate and manage the sale of any property (including to provide non-legal assistance with the exchange of the contracts for the sale of property as well as the preparation of any required statements of account);
to liaise and exchange information with the vendor, purchaser (including any prospective purchaser) as well with their respective agents, contractors, legal, financial and other advisors in relation to or in connection with the sale of the property;
to ensure the safety and security of vendors and existing occupiers and of each of their property in connection with auctions and the inspection of any property by prospective purchasers;
to comply with any applicable law in connection with the sale of the property;
to confirm whether the vendor or purchaser is registered for GST purposes;
to tell you about any other property that we are selling or any other service that we provide, unless you tell us not to (this is referred to as direct marketing);

Generally

to provide statistical and other information to industry bodies and regulators;
to allow us to run our business efficiently and to perform administrative and operational tasks;
to comply with any dispute resolution or other legal process;
to act on behalf of clients in accordance with any agency agreement and to comply with our obligations under that agreement;
in order to update our records and your contact details;
to operate controlled money accounts;
if we enter into or propose to enter into any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), then we may provide that party (including its legal, financial and other professional advisers) with personal information in relation to or in connection with those arrangements;
in some cases, the organisations and third parties that we may disclose your information to may be based outside Australia; and
any other purpose to which you have consented.

You can tell us at any time if you no longer wish to receive direct marketing information or offers from us. We will process your request as soon as reasonably practicable after receipt of the request.

How we share your personal information

Sharing personal information with third parties

We may seek and use personal information about you from, and use or disclose personal information about you to, third parties in relation to or in connection with the potential or actual rental of a property, the sale and purchase of a property or other business or administrative functions for the real estate and/or strata agency. These third parties may include:

your representatives, attorneys, lawyers, settlement agents, accountants, brokers;
any conjunction, co-listing, buyers' or other property agents that acts on your behalf in connection with the rental, leasing, sale and purchase of property;
auctioneers;
your financier including any mortgage brokers that may be assisting you with any existing mortgage loan or application in relation to the sale or purchase of property;
valuers, surveyors, insurers, re-insurers, claim assessors and investigators;
financial institutions including deposit taking institutions;
if you are a tenant, including any prospective tenant, your referees, including your employer or other individuals to confirm your identity and/or other details about you in any rental application that you submit;
organisations in and associated with debt collecting;
law enforcement agencies;
government and/or regulatory bodies including but not limited to; the Australian Taxation Office and the various Offices of State Revenue. In many cases, these organisations may share information with foreign authorities;
mailing houses and telemarketing agencies that assist us to communicate with you;
if we enter into, or propose to enter into, any agreement or arrangement with any party for the purpose of, or in connection with, the acquisition of our business (including any part of our business that includes personal information), that party (including its legal, financial and other professional advisers) to provide personal information in relation to or in connection with those arrangements; and
service providers including IT and data consultants, agents, contractors and advisers that assist us to conduct our business.

Sharing personal information with related companies

We may share personal information about you with our related companies for any of the purposes described above.

Sharing personal information outside of Australia

We may store information about you in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries through an internet connection it is not always practical to know in which country personal information about you may be held. In some cases, the organisations and third parties that we may disclose your information to may be based outside Australia. For example, we may share your information with our third parties in:

the Philippines;
United States of America;
New Zealand;
India;
Indonesia;

We take reasonable steps to make sure the overseas recipients of your personal information do not breach the privacy obligations relating to it.

We will always take reasonable steps to ensure that any overseas organisation that receives your personal information will comply with the Act.

If you do not provide personal information

If you do not provide your personal information to us, it may not be possible to provide you with the service that you have requested or applied for, for example:

if personal information is not disclosed in a rental application by a prospective tenant, then we may be unable to process the application and/or submit it to the landlord for their consideration or approval. If you enter into a rental or lease agreement, you will need to be identified and your personal information will be included in the rental or lease agreement;
if personal information is not disclosed by a vendor in connection with the sale of their property, we will not be able to verify that they are the owner of the property and/or to advertise and market the property;
if personal information is not disclosed by a prospective purchaser at an open inspection, then we may not be able to admit them into the inspection;
if personal information is not disclosed by a prospective purchaser at an auction, then we will not be able to register them as a bidder;
if personal information is not disclosed by an owner in connection with the management of their strata scheme or their property, then we will not be able to verify that they are the owner of the property and manage the strata scheme; and
to let you know about other services we provide that might be suitable for your needs (unless you opt out of this by telling us that you do not wish to receive such information).

Personal information about other people

If you give us personal information about any other person in relation to, or in connection with, the rental/lease or sale of any property:
we are entitled to assume that you have sought their consent to the disclosure of such personal information to us;
we have collected their personal information for the purposes set out in this Privacy Policy;
we may exchange their personal information with other organisations for the purposes set out in this Privacy Policy;
we will handle their personal information in the same way as set out in this Privacy Policy and they can:
access or request a copy of this Privacy Policy; or
access the personal information we hold about them.

Anonymity and pseudonymity

We are not always able to deal with people who do not wish to identify themselves. This will be particularly the case when we are proposing to, or we do, act for a vendor or a landlord in relation to either the sale or rental/lease of any property. This will also apply where we are also dealing with actual or prospective tenants for any rental property that we manage.

Further, we are not able to allow people through any property inspections who do not wish to identify themselves as this can create security and other concerns for the property owner (among other considerations).

However, where possible, we can provide information of a general nature such as, for example, we can respond to general telephone and related enquiries about a rental/lease or sale property to unidentified individuals. Of course, if an individual makes an enquiry by email or other electronic or written methods then there is every possibility that the mode of communication may identify you.

Security

We take reasonable steps to protect all information which we hold (including any personal or sensitive information) from misuse, loss, unauthorised access, modification or disclosure.

As our website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the contents of any third party website. Third party websites are responsible for informing you about their own privacy practices.

Marketing and opt-out

We may also use the information, including personal information (excluding sensitive information), provided by you for marketing and research purposes, to analyse and improve products, services and benefits and to inform you of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to you, unless you tell us, or have previously told us not to. We will not use your sensitive information for these purposes without your consent.

Cookies

When you access our website, we may send a "cookie" (which is a small file containing a unique ID number) to your computer or device. This enables us to recognise your computer or device. It also enables us to keep track of your activity on our website for a period of time. We also use cookies to measure traffic patterns, to determine which areas of our website have been visited and to measure transaction patterns in the aggregate. We use this to research our users' habits so that we can improve our online products and services. Our cookies do not collect personal information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them.

We may log IP addresses (that is, the electronic addresses of computers and devices connected to the internet) to analyse trends, administer the website and track users movements.

Accessing your Personal Information

Unless we are entitled to withhold access to your personal information (and there are various reasons why this may be the case), you have the right to request access to any personal information held by us which relates to you. We may charge a reasonable fee where access to personal information is provided. Any requests for access to your personal information should be made in writing to the Privacy Officer (details specified below). You also have the right to request the correction of any personal information which relates to you that is inaccurate, incomplete, irrelevant, misleading or out-of-date.

Complaints

If you believe that your privacy has been breached, please contact us using the contact information below and provide details of the incident so that we can investigate it. We will deal with the complaint in accordance with our then current complaints handling procedure.

If you require any further information about our management of personal information or have any queries or complaints, you should contact:

The Privacy Officer
Atlack Pty Ltd
99 King Street Newtown NSW 2042
02 8596 3555
info@newtown.rh.com.au

7. Copyright and disclaimer notices RP Data Pty Ltd trading as CoreLogic

© Copyright 2015 RP Data Pty Ltd trading as CoreLogic (CoreLogic), Local, State, and Commonwealth Governments. All rights reserved. No reproduction, publication, adaption, modification, public communication, distribution or transmission of the materials published on this website is permitted whether in whole or in part. This materials published on this website are provided for personal or internal business purposes only unless otherwise agreed in writing.

The information provided on this website is current as at the publication date only. CoreLogic does not warrant accuracy or completeness in the information it supplies and, to the full extent permitted by law, excludes all liability for any loss or damage arising from or in connection with the supply or use of the whole or any part of the information on this website through any cause whatsoever.

This materials published on this website provide general information only and are not intended as advice or a professional property appraisal and should not be relied upon as such. The information provided does not take into account your investment objectives, financial situation or personal needs and may depend on statistical models and assumptions which may be incomplete or wrong, negatively impacting the accuracy of this publication. You should make your own inquiries and, if necessary, obtain independent financial advice tailored to your specific circumstances before making any investment decisions.

Queensland Data
Based on or contains data provided by the State of Queensland (Department of Natural Resources and Mines) 2015. In consideration of the State permitting use of this data you acknowledge and agree that the State gives no warranty in relation to the data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including without limitation, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the data. Data must not be used for direct marketing or be used in breach of the privacy laws.

South Australian Data
This information is based on data supplied by the South Australian Government and is published by permission. The South Australian Government does not accept any responsibility for the accuracy or completeness of the published information or suitability for any purpose of the published information or the underlying data.

New South Wales Data
Contains property sales information provided under licence from the Land and Property Information ("LPI"). RP Data Pty Ltd trading as CoreLogic is authorised as a Property Sales Information provider by the LPI.

Victorian Data
The State of Victoria owns the copyright in the Property Sales Data and reproduction of that data in any way without the consent of the State of Victoria will constitute a breach of the Copyright Act 1968 (Cth). The State of Victoria does not warrant the accuracy or completeness of the Property Sales Data and any person using or relying upon such information does so on the basis that the State of Victoria accepts no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information supplied.

Western Australian Data
Based on information provided by and with the permission of the Western Australian Land Information Authority (2015) trading as Landgate.

Australian Capital Territory Data
The Territory Data is the property of the Australian Capital Territory. No part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be directed to: Director, Customer Services ACT Planning and Land Authority GPO Box 1908 Canberra ACT 2601.

Tasmanian Data
This product incorporates data that is copyright owned by the Crown in Right of Tasmania. The data has been used in the product with the permission of the Crown in Right of Tasmania. The Crown in Right of Tasmania and its employees and agents:

a) give no warranty regarding the data's accuracy, completeness, currency or suitability for any particular purpose; and

b) do not accept liability howsoever arising, including but not limited to negligence for any loss resulting from the use of or reliance upon the data.