PEXA Clear

Privacy Policy

Maintaining strong privacy practices is integral to how PEXA Clear operates. To demonstrate our commitment to privacy, we've outlined some key privacy objectives which underpin our Privacy Policy.

Our Privacy Commitments

Trust – We build the trust of our people, partners, customers and the broader community by making the protection of data and information a priority.

Accountability – We understand the value of privacy and everyone at PEXA Clear is accountable for protecting data and information that we collect and hold.

Respect – We respect our people, partners, customers and members of the public by being clear about how and why we collect and use personal information.

Innovation – Privacy and Security by Design is supported in all initiatives involving data and information at PEXA Clear.

Data for good – Our decisions involving data and information are lawful, ethical, fair and reflect the values and expectations of our people, partners, customers and community individuals.

Our Privacy Policy

This privacy policy applies to PEXA AML Pty. Ltd. ACN 648 626 699 (ABN 60 648 626 699) ("PEXA Clear", "we" or "us"). PEXA Clear operates an online compliance platform for anti-money laundering and counter-terrorism financing, in relation to real estate ("AML Platform") that allows Subscribers, including real estate agents, lawyers and conveyancers to comply with their obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF Act"), as it applies to real estate in Australia ("AML Compliance").

What types of personal information do we collect?

Information about Subscribers

Where your organisation is a Subscriber to the AML Platform (e.g. a real estate agent. a law firm or conveyancing firm) and you are using our AML Platform as a representative of your organisation, we may collect and hold the following kinds of personal information about you:

  • contact information, such as your postal address, email address and telephone number;
  • the name of your organisation and your position;
  • details about your professional certificates, qualifications, licences or memberships; and
  • Identity Verification Information ("IDV"), such as your name, date of birth, passport and driver's licence number.

Information about buyers and sellers

Where you are a buyer or seller whose representative is using our AML Platform, in relation to your real estate transaction, we may collect and hold the following kinds of information about you:

  • identifying information, such as your name, residential or postal address, email address and date of birth;
  • information about a relevant property or properties the subject of a transaction(s), including, or a property in our database which is associated with you:
    • land title details;
    • address;
    • details about your lender(s) (if any);
    • purchase/sale price;
    • bank account or other payment details required to facilitate the real estate transaction.

Where you use our website or mobile applications, we may also collect and hold the following kinds of information:

  • your name and email address;
  • usernames that you create;
  • details of any PEXA Clear products or services that we provide to you;
  • information about how you use the products and services we provide;
  • records of our communications with you, including any messages you send us; and
  • information related to products and services you access through our mobile applications.

PEXA Clear does not collect sensitive information, as defined under the Privacy Act 1988 (Cth) ("Privacy Act"), to carry out its services through the AML Platform.

What if we don't collect this information?

Without the information listed above, we may not be able to provide our services via our AML Platform or otherwise, or other products or services (or all of the features and functionality offered by our products or services), respond to queries or requests that you submit to us, or invite you to events.

How do we collect personal information?

We collect personal information about you in the following ways:

When you give it to us. We collect information when you provide us with information.

When you or your representatives use our AML Platform. For example, when you or your representative uses our AML Platform, we collect information about the property or properties you are buying or selling and financial information related to the properties. Where applicable, we recommend you refer to your representatives Privacy Policy to also understand how they use PI also.

To or from third parties. In some cases, we may provide or collect personal information to or from a third party, such as through your representatives, contractors who provide services to us (such as without limitation FrankieOne), or third parties who refer you to us because they think you may be interested in our products or services.

When you use our AML Platform, or someone uses those services on your behalf. We may collect information from third party sources, such as the following:

  • relevant Commonwealth, State or Territory government authorities; and
  • your representative (for example, a real estate agent, a lawyer or a conveyancing professional) or the representatives of other parties involved in the transaction;

In some cases, we may be required by law to collect certain types of personal information about you. These laws include the AML/CTF Act and associated regulations.

If you provide us with personal information about someone else, you must only do so if that person consents to you doing so and to us collecting, holding, using and disclosing their personal information in accordance with our Privacy Policy.

Why do we collect and use personal information?

We use personal information that we collect about you for the following purposes:

  • to operate the AML Platform to assist in AML compliance;
  • to verify your identity when you are dealing with us and to comply with IDV requirements under the AML/CTF Act;
  • to provide reports to and /or communicate with stakeholders including government agencies;
  • where we have collected data from a third party, to verify and supplement data we have collected through use of our AML Platform;
  • to create new or enhanced products or services, and to notify you about those products or services; and
  • for employment purposes.

We may from time to time use your personal information to send you marketing materials about products or services that we think you may be interested in (including in some cases products and services that are provided by a third party). You can opt-out of receiving marketing communications from us by contacting us at support@pexaclear.com.au or following the "unsubscribe" link in the communication.

Who do we disclose personal information to?

We may share personal information about you with:

  • other participants involved in your real estate transaction, the buyer or seller of the relevant property, and their representatives;
  • your representative (e.g. lawyer or conveyancer);
  • our business partners, agents and service providers, including information brokers, third party contractors (including without limitation FrankieOne), and information technology service provides; and
  • relevant Commonwealth, State or Territory government authorities who ask us to disclose that information, or to other people as required by law (including to identify unlawful activity).

De-identified information

We may de-identify information about you so that you can no longer be identified through that information. We may then use and disclose that de-identified information in the course of our business, including to create, use and commercialise AML products and services in line with all relevant and applicable legislative requirements applicable to PEXA Clear.

We may also aggregate information in such a way that you can no longer be identified through that information. We may then use such aggregated information in the course of our business, including to create, use and commercialise AML products and services.

Products or services we provide using de-identified and/or aggregated information will not use or disclose your personal information.

When do we delete information?

We take steps to ensure that we keep your information for as long as we require it for one or more purposes described in this policy. We're required by law to retain some information for certain periods of time, including where the AML CTF Act and associate regulations require retention of particular information. When we no longer require your information, we take reasonable steps to ensure that your information is destroyed, de-identified, or rendered inaccessible.

Cookies

We use cookies to monitor and observe your use of our websites, compile aggregate data about that use, and provide you with a more effective service (which may include customising parts of our websites based on your preferences and past activities on those websites).

How do we store and secure your personal information?

Any infrastructure forming part of our AML Platform and in which personal information is stored, is located within Australia.

We store personal information for as long as it is needed for the purpose for which it was collected or as required by law. We generally store the personal information that we collect in electronic databases, some of which may be held on our behalf by third party data storage providers. Sometimes we (or our third party contractors, including without limitation FrankieOne) also keep hard copy records of this personal information in physical storage facilities. We use a range of physical and technical security processes and procedures to protect the confidentiality and security of the information that we hold, and we update these from time to time to address new and emerging security threats.

How can you access and correct your information?

We take reasonable steps to ensure that any of your personal information (having regard to the purpose for which it was collected), we hold is accurate, complete and up-to-date. These steps include promptly updating personal information when we are advised that the information has changed, checking our contact lists for accuracy, and providing individuals with a simple means to update their personal information.

If you want to access any of the personal information that we hold about you or to correct some aspect of it (e.g. because you think it is incomplete or incorrect), please contact us at contact@pexa.com.au

If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps to correct that information if you so request. We may be unable to correct information about you if doing so would be contrary to law or impact the integrity of a transaction.

Complaints

We try to meet the highest standards in order to protect your privacy. However, if you are concerned about the way in which we are managing your personal information and think we may have breached the Australian Privacy Principles, or any other relevant obligation, please contact our Privacy Officer at:

Email: contact@pexa.com.au
Address: Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008

Complaints must be lodged in writing. We will deal with the matter within a reasonable time and will keep you informed of the progress of our investigation.

If we have not responded to you within a reasonable time or if you feel that your complaint has not been resolved satisfactorily, you can contact us to discuss your concerns. You are also entitled to make a complaint to the Office of the Australian Information Commissioner (OAIC). Contact details can be found at the OAIC's website: www.oaic.gov.au.

Changes to this policy

We may make changes to this policy from time to time, to take into account changes to our standard practices and procedures or where necessary to comply with new laws and regulations. The latest version of this policy will always be available on our website.

Contact details

If you need to contact us or want any further information from us on privacy matters, please contact our Privacy Officer at:
Email: contact@pexa.com.au
Address: Tower 4, Level 16, 727 Collins Street, Docklands VIC 3008

Annexure – Personal information we collect when you apply to work with us or work with us

When you apply to work with us, we may collect certain information from:

  • you;
  • recruitment consultants;
  • your previous employers;
  • your referees; and
  • other sources of relevant information, such as educational institutions, professional and trade associations, referees and publicly available sources.

The information we collect will assist us to decide whether to make an offer to you to work with us.

In addition to your name and contact information (including address, email address and phone number), the information we collect may include information about your:

  • work history;
  • education and other qualifications;
  • character; and
  • eligibility to work.

As necessary and where appropriate, we may require you to undergo certain medical checks. We may carry out screening checks (such as background, directorship, financial probity, identity, eligibility to work, vocational suitability and criminal record checks).

In addition to the information above, when you work with us, we may collect information about your:

  • employee benefits;
  • banking details, superannuation and tax;
  • emergency contacts;
  • training, employment performance, conduct, and use of our IT and communications resources; and
  • leave.

We collect this information to train and manage our employees and meet our legal obligations.

Some of the personal information we collect may be considered sensitive information under certain privacy laws. For example, we may collect:

  • health information (such as in connection with sick leave or medical checks on job applicants and employees);
  • criminal information (such as police checks on job applicants and employees);
  • biometric information for the purpose of identity verification (such as your photograph to allow access to our premises).