McDonald Upton Real Estate Ltd & McDonald Upton Pty. Ltd.
McDonald Upton Real Estate Pty Ltd & McDonald Upton Pty. Ltd. ("we", "our", "us") is committed to respecting your right to privacy and protecting your personal information. We are bound by the Privacy Act 1988 (Cth) (“the Act”) and the Australian Privacy Principles (“APP’s”).
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.
1. Purpose of This Policy
This Policy applies to all dealings with us, whether in person, via telephone, email, correspondence, or our website ( McDonaldUpton.com.au ).
The purpose of this policy is to:
Give a clear and complete understanding of the types of personal information we collect and hold.
Communicate how and when personal information is collected, disclosed, used, stored, and handled.
Inform the reader the purposes for which we collect and hold information.
Outline how to access and seek correction of personal information.
Provide information on how to make a privacy complaint and how it will be managed.
Advise of circumstances where information may be disclosed to overseas recipients.
Enhance the transparency of our operations.
2. Definition of Key Terms
Pursuant to Section 6 of the Act:
Personal Information: Information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not, and whether recorded in a material form or not.
Health Information: Information or an opinion about an individual's health, disability, expressed wishes regarding future health services, or health services provided/to be provided, along with genetic information predictive of an individual's or relative's health.
Sensitive Information: Information or an opinion about an individual's racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of a professional trade association or trade union, sexual orientation or practices, criminal record, health information, genetic information, or biometric information/templates.
3. Collection of Personal Information
Personal information is not collected unless it is reasonably necessary for, or directly related to, one or more of the services we provide or functions we carry out.
Types of Information Collected:
General Personal Information: Name, date of birth, residential and postal addresses, email addresses, and telephone numbers (home, work, mobile).
Professional & Financial Details: Occupation, business address, employer details, income, and bank or financial institution details if required for AML statutory requirements.
Related Parties: Details of your spouse, de facto partner, dependent children, roommates, and properties owned.
Collection Methods
McDonald Upton Real Estate Pty Ltd collects personal information directly from individuals whenever it is practical. This includes information provided in person, by telephone, via email, through written correspondence, or by completing digital forms on the website. Relevant data is also gathered during open for inspections, interactions with marketing publications, or through the use of website cookies.
Information may be collected from third parties or publicly available sources (e.g., credit reporting agencies, know-your-customer platforms, legal advisors, past/current employers, previous lessors, tenancy databases, and real estate websites). If unsolicited personal information is received, a determination will be made as to whether it could have been lawfully collected; if not, the information will be destroyed or de-identified as soon as practicable.
(Note: You may choose to deal with us anonymously or under a pseudonym where lawful and practical, though doing so may prevent us from providing certain real estate or financial services.)
4. Sensitive Information
We will not ordinarily ask for sensitive information unless it is reasonably necessary for our services, you consent, or we are required/authorised by law.
Examples: Specifying property features like wheelchair ramps may reveal health information; providing details about a spouse or de facto partner may reveal sensitive information regarding sexual orientation.
Use: Sensitive information is used strictly for its primary purpose, a directly related secondary purpose, with your consent, or as required by law.
5. Use and Disclosure of Personal Information
Personal information is used to provide our core services, provide information to clients, and conduct marketing. Primary purposes include:
Assisting the sale, purchase, or lease of a property (as lessor or lessee).
Assisting with loans, bond payments/refunds, and tenancy disputes.
Coordinating property repairs, maintenance, and utility connections.
Accessing records at the Titles Registry Office, for anti-money laundering compliance, Residential Tenancies Authority (RTA), or tenancy databases.
Client relationship management and business system development.
Undertaking legally required identity verifications for government agencies (including but not limited to anti-money laundering checks for AUSTRAC).
Third-Party Disclosures
To facilitate these services, information may be disclosed to:
Prospective buyers, sellers, or lessors involved in a transaction.
Legal advisors, financial institutions, insurance providers, brokers, and utility connection services.
Tradespeople engaged for property repairs or maintenance.
Organisations maintaining our IT systems, cloud computing infrastructure, web hosting, and software providers.
Government agencies, the Titles Registry Office, the RTA, real estate peak bodies, anti-money laundering identification verification providers and law enforcement (Police).
We take reasonable steps to ensure third-party contractors and overseas recipients handle your data in accordance with the APP’s and enter into strict confidentiality agreements.
6. Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) Obligations
McDonald Upton Real Estate Pty Ltd collects full names, residential addresses, dates of birth, and government-issued documentation to perform mandatory customer due diligence.
This personal information is collected to comply with legal obligations specifically for the sale of residential and commercial property.
We may collect international passports, visas, and overseas address verification for foreign individual purchasers and vendors.
For Corporate and Trust entities we collect company registration certificates, trust deeds, partnership agreements, and identity documents for all ultimate beneficial owners.
An Ultimate Beneficial Owner is identified as any individual who ultimately owns or controls 25% or more of the entity.
We securely share and cross-reference your personal or entity details with our electronic identity verification partner, AML Assured. AML Assured checks your documentation against official government databases, including the Document Verification Service, to confirm your identity.
We may disclose your completed AML verification records to federal regulatory bodies, including AUSTRAC, to meet legal compliance obligations.
We securely store all collected AML verification data and transaction records for a mandatory minimum period of 7 years.
7. Security and Retention of Personal Information
Your information is stored securely in hard copy documents and electronically utilising firewalls, data encryption, access controls, and employee confidentiality agreements.
Retention Period: When personal information is no longer needed, we take reasonable steps to destroy or permanently de-identify it. However, most client files and records will be retained for a minimum of 7 years.
Government Identifiers: Government-related identifiers (such as Tax File Numbers) are only collected, used, or disclosed when authorized by law or court order.
8. Access, Correction, and Quality of Personal Information
We take reasonable steps to ensure your personal information is accurate, complete, and up to date.
Access Requests: You may request access to your personal information in writing. We will acknowledge requests within 3 business days and normally grant access within 5 to 10 business days.
Verification & Fees: You must verify your identity before access is granted. While we do not charge an application fee, an administrative fee may apply for copying, locating, or collating information in your preferred format.
Refusal Grounds: Access or correction may be denied under specific legal grounds (e.g., if it poses a serious threat to life/safety, impacts others' privacy, or relates to anticipated legal proceedings). If refused, written reasons will be provided.
9. Marketing and Opting Out
We may use your personal information to inform you about products and services that may interest you. You may opt out or unsubscribe from our marketing lists at any time by contacting us in writing or utilizing the unsubscribe link on our email correspondence.
10. Contact Us, Enquiries, and Complaints
If you have any questions, wish to update your information, or want to make a privacy complaint, please contact our designated Privacy Officer:
Privacy Officer: Milo Rasinac
Address: McDonald Upton, 1112 Mt Alexander Rd, Essendon VIC 3040
Email: milo@mcdonaldupton.com.au or info@mcdonaldupton.com.au
Phone: 03 9375 9375
Complaint Resolution Process:
We will acknowledge receipt of a complaint within 2 business days.
We will investigate and attempt to resolve complaints within 20 business days.
If you are unsatisfied with our handling of a complaint, you may escalate the matter to the Office of the Australian Information Commissioner (OAIC):
Address: GPO Box 5218, Sydney NSW 2001
Email: enquiries@oaic.gov.au
Phone: 1300 363 992
11. Policy Updates
This policy will be reviewed biennially; however, it may additionally be updated to reflect system upgrades, corporate shifts, or changes in legislation. The current version will always be available on our website.
Download a copy of out privacy policy here