We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and we comply with all of the Act’s requirements in respect of the collection, management and disclosure of your personal information.
What is your personal information and sensitive information?
What personal information do we collect and hold?
We may collect the following types of personal information, depending on your interaction with us:
- Name, date of birth and other identification details (including, where relevant, your passport details);
- contact details include mailing or street address, email address, telephone number;
- details of your employment;
- financial information about you, such as your income details and bank account;
- any additional information that you chose to provide to us directly through our website or through our surveys, including our Customer Portal and any Resident Portals that we operate for and on behalf of the owners corporation in the properties developed by us (collectively website portals);
- passwords created for website portals;
- details of your interests in our properties, your purchase of properties from us, the services that you acquire from us, together with any additional information necessary to complete the purchase transactions and to respond to your enquiries;
- any additional information relating to you that you provide to us through use of our websites or online presence, or through our representatives or during your visits to our display show rooms or purchase centres;
We may collect some sensitive information about you such as any pre-existing medical conditions, but such information will only be collected where you choose to provide it to us through the website portals.
We are required, in certain circumstances such as where you wish to purchase a property, to collect your name, address, date of birth and other verification information under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or the Foreign Acquisitions and Takeovers Act 1975 (Cth) to verify your identity and your residential status.
We may also collect some information that is not personal information because it does not identify you or anyone else. For example, we may collect anonymous or aggregated information using web tracking technologies about how users use our website.
How do we collect your personal information?
We collect your personal information generally directly from you unless it is unreasonable or impracticable to do so (for example, where you engage one of our agents). When collecting personal information from you, we may collect in ways including:
- through your access and use of our website, including the website portals;
- during conversations and correspondences between you and our representatives, including our agents based in Australia or overseas; or
- when you complete an application, a survey, a registration form or purchase contract.
To the extent permitted by, law, we may also collect personal information from third parties including from third party companies such as credit reporting agencies, law enforcement agencies and other government entities. Otherwise we do not generally collect personal information from third parties, except that we may collect limited personal information about a person from users of our website portals (for example, where you are listed as an emergency contact of a residence in one of our properties).
Cookies and other tracking technologies
We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the website, track users movements, and gather broad demographic information.
We and our advertising partners also use advertising cookies and other web-tracking technologies, such as pixel tags and web beacons to collect information about browsing habits, analyse trends, administer our websites, track users web movements, gather broad demographic information and other marketing purposes. These are also used to make advertising more relevant to you and your interests.
What happens if we can’t collect your personal information?
If you do not provide us with the personal information described above, some or all of the following may happen:
- we may not be able to provide the requested website portals to you, either to the same standard or at all, or some features may not function properly;
- we may not be able to provide you with information about our properties, opportunities and services that you may want, including information about new developments, sales or special promotions;
- we may not be able to complete a sale transaction with you; or
- we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.
You are never required to provide us with sensitive information to be able to use our website portals.
For what purposes do we collect, hold, use and disclose your personal information?
We collect personal information about you so that we can perform our business activities and functions and to provide best possible quality of customer service.
We collect, hold, use and disclose your personal information for the following purposes:
- to provide the website portals and facilitate interaction between users of our websites and website portals, products and services to you and to send communications requested by you;
- to answer enquiries, provide customer services, and provide information or advice about our properties, opportunities and services;
- to complete property transactions with you, including to conduct background checks where necessary (for example if required in relation to a proposed purchase);
- to assess the performance of the website and to improve the operation of the website;
- to conduct business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
- for the administrative, marketing (including direct marketing and advertising), planning, product or service development, quality control and research purposes of Caydon, its related bodies corporate, contractors or service providers;
- to provide your updated personal information to our related bodies corporate, contractors or service providers;
- to update our records and keep your contact details up to date;
- to process and respond to any complaint made by you;
- to generate statistics and derive insights from our data; and
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country.
We utilise the services of third parties for marketing purposes, including online platforms and social media platforms, and we will disclose personal information about you to the third party service provider for our marketing purposes. While these third parties generally only use the personal information for our marketing purposes, some may retain certain personal information about you for their own purposes.
To whom may we disclose your information?
We may disclose your personal information to:
- our employees, related bodies corporate, contractors or service providers for the purposes of operation of our website or our business, fulfilling requests by you, and to otherwise provide products and services to you or completing a property transaction with you including, without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, data entry service providers, electronic network administrators, and professional advisors such as accountants, solicitors, business advisors and consultants;
- suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes; and
- any organisation for any authorised purpose with your express consent or where required by law.
Our website portal may include functionality that permits you to post information (such as bulletin boards). Such information will be disclosed to other users of the website portal.
We may combine or share any information that we collect from you with information collected by any of our related bodies corporate (within Australia).
Direct marketing materials
We (or our service providers and advertising partners) may send you direct marketing communications and information about our properties, opportunities and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, targeted advertisements, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). You consent to us sending you those direct marketing communications by any of those methods. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications.
Please note that we also carry out digital advertising campaign from time to time that do not rely on your personal information. Your opt-out will not have effect on such advertising campaigns.
We do not use your sensitive information for the purposes of direct marketing.
How can you access and correct your personal information?
You may request access to any personal information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment then we will add a note to the personal information stating that you disagree with it.
What is the process for complaining about a breach of privacy?
If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below and provide details of the incident so that we can investigate it.
We request that complaints about breaches of privacy be made in writing, so we can be sure about the details of the complaint. Our Privacy Officer deals with privacy complaints and any complaints should be directed to our Privacy Officer using the contact details below. We will attempt to confirm as appropriate and necessary with you your understanding of the conduct relevant to the complaint and what you expect as an outcome. We will inform you whether we will conduct an investigation, the name, title, and contact details of the investigating officer and the estimated completion date for the investigation process.
After we have completed our enquiries, we will contact you, usually in writing, to advise the outcome and invite a response to our conclusions about the complaint. If we receive a response from you, we will assess it and advise if we have changed our view.
If you are not satisfied with the way your privacy-related complaint is handled by us, you may refer your complaint to the Office of the Australian Information Commissioner (OAIC). Details of how to lodge a complaint with the OAIC may be found at www.oaic.gov.au or by calling 1300 363 992.
Do we disclose your personal information to anyone outside Australia?
We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. Our IT systems that hosts our data (which may include your personal information) may also reside outside Australia.
We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including the following:
- our related bodies corporate, located in the United States of America; and
- our data hosting and other IT service providers, located in the United States of America.
We take reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. We may hold your information in either electronic or hard copy form. Personal information is destroyed or de-identified when no longer needed.
Our security measures include:
- role based access control to our ICT systems;
- locked cabinets for storage of physical records containing personal information;
- regular security vulnerability and penetration reviews and tests;
- approach level of security training for technology staff and the broader business;
- identity and access management processes and controls to key systems and information; and
- external penetration testing of all systems holding sensitive data.
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.
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 content of any third party website. Third party websites are responsible for informing you about their own privacy practices.
We will treat your requests or complaints confidentially. Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in timely and appropriate manner.
Please contact our Privacy Officer at:
Caydon Group Holdings Pty Ltd
Post: Level 2, 436 Johnston Street, Abbotsford, VIC, 3067, Australia
Tel: +61 (3) 9416 3400
1.1 Caydon Group Holdings Pty Ltd (ACN 156 445 984) and its related bodies corporate including JESC Holdings Pty Ltd (ACN 611 079 344) and its related bodies corporate and CP IP Holdings Pty Ltd (ACN 622 221 729) and its related bodies corporate (together Caydon, we, our, us), maintains the resident portal available at https://www.ivanhoe-apartments.com.au and associated website (Residents Portal or Website) on behalf of the owners corporation of the property in which you reside (Owners Corporation) for your information and convenience.
1.2 This document sets out the terms and conditions that govern the use of the Website and the Residents Portal (Terms). Please review these Terms carefully, especially the disclaimer and limitation of liability sections.
1.3 By clicking "I accept", you agree to be personally bound by these Terms.
1.4 To the extent permitted by law, we may change these Terms at any time. We will notify you of these changes next time you log in to the Residents Portal. In the case of any breach of these Terms, we reserve the right to seek all remedies available at law or in equity.
1.5 Use of the Residents Portal is entirely optional, and you may cancel your Resident Account at any time by contacting us. Please see section 14 below.
2 Use of the Website and Residents Portal
2.1 You are responsible for all of your activity in connection with accessing and using the Website and the Residents Portal.
2.2 You must not use the Website or the Residents Portal for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through the Website or the Residents Portal any inappropriate communication or any virus or other disabling code in any form.
2.3 You must not bypass any security mechanisms imposed by the Website or Residents Portal, or tamper with, hinder the operation of or make unauthorised access or modifications to the Website or Residents Portal.
3 Your account on the Residents Portal
3.1 Only residents or owners of the property, builders of the property, the Owners Corporation, Caydon’s staff and property managers are eligible to use the Residents Portal.
3.2 If you are eligible, you may register and create an account on the Residents Portal (Resident Account) by following the registration process set out in the email sent to you, following your request, by the concierge at your residency. To use any features of the Residents Portal, you must have a Resident Account.
3.3 As part of the Resident Account registration process, we will ask you to provide or confirm information such as your name, your residence’s address and phone number. Following the registration process, you will be asked to provide further information on your first log in to the Residents Portal (some of the information request are optional). You warrant that all information (including any personal information) that you provide at the registration stage is true, complete and accurate. This information may be taken from an existing Customer account that you may have registered with us.
3.4 You will also have the option to provide other information such as emergency contact details, details of tenants or other residents, medical or disability information, personal preference information such as whether you have pets a car or a bicycle. Such information will be recorded by the Residents Portal.
3.5 You are responsible for ensuring that the information stored on the Residents Portal is up to date.
3.6 We may refuse to create a Resident Account or suspend or cancel your Resident Account, if we suspect that any information that you provide is not correct, that you are not eligible to use the Residents Portal or your Resident Account has been misused or you have committed a material breach of these terms and conditions.
3.7 Access to Residents Portal is subject to logon system link to your Resident Account (when your account is registered). You must keep safe and secure all security credentials (such as username and password) associated with your Resident Account (Security Credentials), and you must not disclose them to anyone else or allow anyone else to use your Resident Account. You are entirely responsible for any access to or use of the Residents Portal through your Resident Account, and you acknowledge and agree that any access to or use of the Residents Portal by means of the Security Credentials associated with your Resident Account is deemed to be access or use by you (other than any unauthorised use by our own staff).
3.8 You hereby indemnify us and the Owners Corporation from and against any liability, damage or expense that either of us incurs or suffers as a result of any rom misuse of your Resident Account or the Residents Portal by using your Security Credentials.
4 Functionality of the Residents Portal
4.1 The Residents Portal will include such functionalities and features as determined by us from time to time. We may make changes to the Residents Portal, including by disabling existing features, without prior notice to you.
4.2 We may from time to time carry out regular or emergency maintenance of the Residents Portal which may impact on the availability or your use of the Residents Portal.
4.3 Without limiting any other provisions of these terms and conditions (but subject to any agreement between Caydon and the Owners Corporation), we may discontinue providing the Website and the Residents Portal at any time by giving you at least 3 months prior notice.
5 Disclaimers relating to the Website and Residents Portal
5.1 We do not warrant that access to the Website or the Residents Portal will be uninterrupted, or that the services and features offered on the Website or the Residents Portal will be error-free or available when required. We reserve the right to change or discontinue any feature on the Website, or on the Residents Portal, the availability of the Website or the Residents Portal and the software required to access them.
5.2 The information on the Website and the Residents Portal is provided for information purposes, general interest and enquiry only it is not professional opinions or advice. While we use reasonable efforts to ensure that the information on the Website and the Residents Portal is complete and up to date, to the maximum extent permitted by law, we make no warranty or representation as to the accuracy, currency or completeness of any information on the Website or on the Residents Portal, which may change from time to time without notice.
5.3 To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to the Website, the Residents Portal, their content or use. Our liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of the Website or the Residents Portal again or, at our option, the payment of the costs of having an equivalent service supplied again.
6 User Generated Content on your Resident Account
6.1 The Residents Portal may allow you to upload posts, comments and other attachments , to the Residents Portal (including to the Residents Portal features such as bulletin boards and forums) (User Content) and may also allow you to see User Content submitted by other persons.
6.2 By posting, commenting, submitting, updating, modifying, transmitting or otherwise making available any User Content on the Residents Portal:
(1) you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Residents Portal;
(2) you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display the User Content in any manner and by any means which we may determine;
(3) you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us and the Owners Corporation against any third party claims arising from any breach of this paragraph (3); and
(4) to the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
6.3 We and the Owners Corporation have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
6.4 Notwithstanding our right to monitor, review and edit any User Content, we and the Owners Corporation are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
6.5 You acknowledge that your User Content will be displayed on the Residents Portal, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Residents Portal that is accessible to other users of the Residents Portal.
6.6 Some User Content may refer to events or activities that are organised by other users of the Residents Portal (eg interest groups, meetings). Unless expressly stated otherwise, we and the Owners Corporation are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
6.7 Some User Content may include offers by other users to borrow, lend, sell and buy items or services. We are not responsible for and are not involved in such offers, transactions or services in any capacity, and we do not authorise or endorse them. You are solely responsible for responding to such offers. Similarly, if you post any offers as part of your User Content, you must ensure that you and your User Content comply with all applicable laws, and that your User Content is not misleading or deceptive. You must not use the Residents Portal to offer or acquire any illegal products or services.
6.8 If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these Terms, please contact our administrator at firstname.lastname@example.org.
7 Permitted Use
7.1 We prohibit the use of the Website and/or the Residents Portal and any of its functionalities, features and content in any manner other than as expressly allowed by us in these Terms. With respect to your use of or participation in any interactive facility on the Residents Portal (such as bulletin boards or forums), you acknowledge and agree that:
(1) you are legally responsible for all User Content you submit;
(2) under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
(3) you will not:
(a) post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
(b) bypass (or attempt to bypass) any security mechanisms imposed by the Website or the Residents Portal;
(c) harvest or collect email addresses, photographs or personal information of other users;
(d) impersonate any person or entity;
(e) post or transmit false or misleading material or make any form of misleading or deceptive representation;
(f) knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
(g) exploit the Website or the Residents Portal for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
(h) provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
(i) delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website or in the Residents Portal; and
(4) at our request you agree to do all things necessary and desirable, either to give effect to these Terms or to help us comply with all regulatory directions and obligations.
8 Third Party Content
8.1 The Website and the Residents Portal may contain information and materials from third parties, including advertisements, feeds, data information, social media content and links to other websites (Third Party Material). We do not have control over, and are not responsible for, any Third Party Material (including its currency, accuracy or reliability). Unless expressly stated otherwise, we do not sponsor or endorse the Third Party Materials.
8.2 Without limiting the above, certain features of the Website and the Residents Portal aggregate Third Party Materials to produce results for you. We rely on third parties to supply the Third Party Materials and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, we have no liability arising out of any results or recommendations produced by the Website or the Residents Portal, and you are responsible for your choices including, for example the final choice of any property that you may choose.
9 Limitation of Liability
9.1 To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of the Website or the Residents Portal or any information on the Website or the Residents Portal (including any Third Party Materials, User Content, any recommendations or results generated by the Website or the Resident Portal, the inability to use any part of the Website or the Residents Portal or the features on the Website or the Residents Portal), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.
10.1 We take reasonable steps to protect the information that you transmit using the Website and the Residents Portal. However, we cannot guarantee the security of any information that you transmit to us using the Website or the Residents Portal. Therefore, any information you transmit using the Website and the Residents Portal is transmitted at your own risk. When using the Website and the Residents Portal, you must take precautions to ensure that you are not exposed to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any such interference or damage to your systems which arises in connection with your use of the Website and/or the Residents Portal.
11 Intellectual Property
11.1 Unless otherwise indicated, we own or are licensed to use all intellectual property (including without limitation copyright, trade mark and designs) subsisting in the materials on the Website and the Residents Portal. We authorise you on a non-exclusive basis to reproduce and download the materials solely for use in the intended manner. Otherwise, to the extent allowed by law, no part of the Website or the Residents Portal may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
11.2 All names, logos and trade marks on the Website and the Residents Portal are the property of their respective owners. Nothing on the Website or the Residents Portal should be interpreted as granting any rights to commercial use or distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
12.1 We may collect your personal information through the Website and through the Residents Portal. We collect, use, hold and disclose your personal information so that we can perform our business activities and to administer the Website and the Residents Portal. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us. However, if you choose not to do so, then we may not be able to respond to you, contact you or provide you access to the Residents Portal.
12.2 In addition to using your personal information for the purpose for which it is given, we may also disclose your personal information to: (i) our employees, related bodies corporate, the Owners Corporation, contractors or service providers for the purposes of operation of the Website and the Residents Portal, fulfilling requests or answering queries by you; (ii) suppliers and other third parties that supply services to us, for our business, marketing, and related purposes; (iii) regulators and law enforcement agencies; (iv) associated businesses that may want to market products to you; and (v) other organisations for any authorised purpose with your express consent.
13.1 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
13.2 These Terms are governed by the laws of the State of Victoria, Australia.
14 Contacting us
14.1 If you have any questions about your Resident Account or would like to close your Resident Account, please use the contact link on our website or contact us using the details set out below.
Caydon Group Holdings Pty Ltd
Post: Level 2, 436 Johnston Street, Abbotsford, VIC, 3067, Australia
Tel: +61 (3) 9416 3400