In its commitment to ensuring that your privacy is protected Encore Living recognises that it has obligations under the Privacy Act 1988 (“Privacy Act”). The object of this Policy is to set out how Encore Living collects, uses, discloses and manages “personal information” which is collected from you and that the manner in which this information is handled is open and transparent and in accordance with the Australian Privacy Principles under the Privacy Act.
“APP” means the Australian Privacy Principles under the Privacy Act
“Encore Living” means Encore Living Pty Ltd and its related or affiliated companies and trusts including but not limited to:
· Encore Living Trafalgar ATF Encore Living Trafalgar Trust
· Encore Funds Management Pty Ltd
· Encore Property Management Pty Ltd
· Other companies or entities that may be related or affiliated from time to time
“Personal information” means information as defined in the Privacy Act which generally relates to it as any information that can be used to personally identify you such as your name, address, telephone number and email address.
“You” means Encore Living’s customer including members of the general public.
Collecting Personal Information
The kind of personal information we will collect will depend upon the circumstances in which we deal with you and the type of service or product that you may seek from Encore Living.
We may collect sensitive information for the purpose of completing documentation related to your inquiry and in becoming a resident at an Encore Living retirement community for the purposes of lessening or preventing a serious threat to life, health or safety in accordance with APP. An example of this may be where an individual who is seriously injured, requires treatment and, due to their injuries, cannot give informed consent, on the basis that it is impracticable to obtain the individual’s consent.
What type of Personal Information do we collect?
As our business involves building homes in retirement communities and selling leasehold or house & land packages, the personal information we will collect may include the following:
Initial Customer Contact
· your name, date of birth, gender and marital status
· your contact details including address, email address, telephone numbers including home, work and mobile
· information to verify your identity such as your driver’s licence
· details of products and services that you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries
· your preferences for particular products or services
Entering into Contracts for the Provision of any of our Goods and Services
· details of your nominated contact/s in an emergency such as medical practitioner, solicitor and powers of attorney/executors
· Personal financial information such as bank account and/or credit card details
Information Collected from your visit to our website
Any information relating to you that you provide to us directly through our website or indirectly through use of our website or online presence such as your name and email address:
· You will be given a choice as to the extent of the personal information required but it must be a sufficient amount of information in order to enable us to provide the services offered by us and for us to contact you for the purpose of assisting us in responding to any query you send us.
· Other than your personal details we may also collect information such as your IP address, the date and time that you view the site, the pages accessed on our site, the type of web browser you use, your e-mail address if you send us a message and if you register onto the site during the registration process we may ask you to provide your telephone number.
· Encore Living keeps track of the web sites and pages our customers visit within the Encore Living site in order to determine what Encore Living services are the most popular. This data is used to deliver customised content and advertising to customers whose behaviour indicates that they are interested in a particular subject area.
Other circumstances where we may collect Personal Information
We may from time to time ask you to participate in customer surveys so that we can obtain feedback regarding our services and products or inform you of potential new services that may be offered.
How we collect information
Encore Living will collect your personal information directly from you unless it is unreasonable or impracticable to do so. We may collect it in any of the following ways including but not limited to:
· through your dealings with our consultants
· online via our websites
· through participation in surveys and promotions run by Encore Living
· through inquires made by you with us either in person, by telephone, email and/or social media.
We may also collect personal information from third parties including from our related companies, including but not limited to, marketing agencies, credit reporting agencies, law enforcement agencies and other government entities.
Non Personal Information
Non personal information is information collected from visitors to the Encore Living website for the purpose of data collection which is used for us for analytical or statistical purposes so that we can improve our site, assess web page flow, assess the effectiveness of promotions and advertising.
This information may be required by us to be disclosed to advertisers or related business partners solely for the purpose for providing a better and improved site. Non personal information includes information such as IP addresses, cookies and software designed to enable you to better navigate the site.
Use of tracking software
Encore Living may use tracking software for the purpose of determining web traffic to the site. No personally identifiable information is used during this tracking process.
Implementation of this Policy
The purpose for which the information is collected, held and used
Any personal information collected by us will be required in order for you to utilise the services offered by us. Your personal information is important information about you and we will ensure that it is collected and stored securely. The use of any personal information is carefully monitored and will be restricted solely to enable us to ensure delivery of any service offered by us or to inform you of other products or services available from Encore Living and its affiliates.
Encore Living does not sell, rent or lease its customer lists and/or any personal information that it obtains in any of its dealings with you to third parties.
Your personal information is required in order to enable us to provide our services to you. . Personal Information may also be disclosed between the Encore Living Group of Companies.
Encore Living may disclose your personal information to its trusted suppliers and contractors (“Third Party Suppliers and Contractors”) in order to enable the supply of goods and services, provide customer support, or arrange for deliveries. Encore Living will ensure that as part of its terms and conditions of trading with Encore Living, that all such Third Party Suppliers and Contractors are required to observe the following:
· They are prohibited from using your personal information except to provide these services to Encore Living.
Dealing with Personal Information
The use of any personal information is carefully monitored and will be restricted solely to enabling us to ensure delivery of any goods and services offered by us or to inform you of other products or services available from Encore Living and its affiliates. You acknowledge that the primary purpose of providing your personal information to us is in order to enable Encore Living to supply goods and services, provide customer support, or arrange for deliveries.
In order to provide our products and services, we may need to share Personal Information with other organisations being its trusted suppliers and contractors. You agree to allow us to release your personal information to these third parties as it is incidental and necessary in order to enable us to deliver our goods and services to you. Commonly, organisations we would share such information with, include:
· Related or associated companies
· Agents, contractors and service providers
· Your or our professional advisers
· regulatory authorities where required by law
You acknowledge and agree that it in order to enable Encore Living to provide its goods and services it will be necessary for it to disclose your personal information to the third party Supplier and Contractor. In so doing, you have no objection to the release of your personal information to them.
Release of Personal information to Third Parties
We will not use or disclose your personal information to any other third party other than as set out above unless we obtain your express consent to do so.
Your personal information will not be released to any third party or for any secondary purpose unless required by us by law or to enable us to establish, exercise or defend a legal or equitable claim or for the purpose of a confidential alternative dispute resolution and in accordance with the terms of this Policy.
You acknowledge that from time to time we may use your personal information to advise you of our promotional offers or products, services, discounts, competitions and special promotions that we consider may be of interest to you. These communications may be sent by email SMS, post or telephone. You consent to us advising you of those direct marketing communications by these methods.
If you do not wish to receive any marketing material you may opt-out of receiving marketing communications by contacting us directly, on the contact details below, or by using any opt-out facilities provided in the marketing communications.
If you wish to opt-out of other (or all) marketing communications or mailing lists, please contact us directly on the email address below.
Opting-out of other marketing communications
You can opt out if you prefer to not receive direct marketing communications about our latest products, promotions and offers. In order to opt-out, please contact us using the contact details below.
Disclosure of your personal information outside Australia.
Encore Living is not likely to disclose personal information that it receives directly from you to overseas recipients. However, our website makes use of cloud computing technologies and our servers may be located overseas. Therefore, if you provide us with personal information, you consent to our collection, use, disclosure of your personal information and to the transfer and storage of that information on our overseas servers. If information is transferred to a recipient overseas we will ensure that the foreign country has provisions for the appropriate protection of personal information as required by the relevant privacy laws.
Quality of Personal Information Obtained
All reasonable steps will be taken by Encore Living to ensure that the personal information collected by it is accurate, up to date and complete and relevant for the purpose that it is required.
Storage and Security of Personal Information
Encore Living takes all reasonable security measures to protect personal information from loss, unauthorised access, destruction, misuse, modification or disclosure by any person, employee or agent. It has in place relevant policies for document storage and protection as well as compulsory confidentiality provisions with all employees and contractors.
Encore Living will take all reasonable steps to ensure the security of our website and to protect any personal information held from misuse, interference and loss, unauthorised access, modification or disclosure. Any information which we hold for you electronically is stored on secure servers.
A variety of tools have been implemented in order to protect your personal information against unauthorised access and disclosure.
Further, any employee, independent contractors or agent that we engage is required to observe confidentiality and respect the privacy of any personal information held or obtained by us from you. To the extent permitted by law, however, we will not be liable for any loss as a result of any unauthorised access or use of your personal information by any third party including any employee, independent contractor or agent resulting from or arising from unauthorised access of your personal information. We cannot however, guarantee unauthorised access and disclosure of your personal information.
In order to ensure that your personal information is kept securely you agree to keep your personal information secure, by ensuring that any password used by you on this site is kept confidential and not disclosed to any other person. In the unlikely event that there is any unauthorised use of your account by any person, or any breach of security relating to your account of which you become aware then you agree to notify us immediately.
Access to Personal Information
You may access your personal information by contacting us at the below listed contact details. The following applies to requests for information by you.
Dealing with request for information
Encore Living will respond to a request for access to information within a reasonable period after the request is made and, subject to the matters listed below, give access to the information in the manner requested by the individual, if it is reasonable and practicable to do so.
In accordance with APP, Encore Living is not required to give you access to the personal information to the extent that:
· it reasonably believes that giving access would pose a serious threat to the life, health or safety of an individual or to public health or public safety
· giving access would have an unreasonable impact on the privacy of other individuals
· the request for access is frivolous or vexatious
· the information relates to existing or anticipated legal proceedings between Encore Living and the individual and would not be accessible by the process of discovery in those proceedings
giving access would reveal the intentions of Encore Living in relation to negotiations with the individual in such a way as to prejudice those negotiations
· giving access would be unlawful
· denying access is required or authorised by or under an Australian law court/Tribunal Order
· Both of the following apply:
(i) Encore Living has reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to Encore Living’s functions or activities has been, is being or may be engaged in
(ii) Giving access would be likely to prejudice the taking of appropriate action in relation to the matter
Giving access would be likely to prejudice one or more enforcement related activities conducted by, or on behalf of, an enforcement body
Giving access would reveal evaluative information generated within the entity in connection with a commercially sensitive decision making process.
If Encore Living refuses to provide the information because of any of the above matters or to give access in the manner requested, Encore Living must give a written notice to you that sets out:
· the reasons for the refusal except to the extent that, having regard to the grounds for refusal, it would be unreasonable to do so and
· the mechanisms available to complain about the refusal and
· Any other matter prescribed by the regulations.
How an individual may complain about a Breach of this Policy:
Our contact details can be found on the website at www.encoreliving.com.au.
If you do not have access to the internet and want to contact us by mail you should address your complaint as follows:
The Privacy Officer
PO Box 8258
Upon receipt of your complaint we will respond within 14 days and advise you whether we will conduct an investigation into the matters complained about and advise you as to when our investigations into the matter are expected to be completed. At the conclusion of our investigations we will contact you in writing, to advise the outcome and invite you to respond to us. If we receive a response from you, we will assess it and advise of our further reply.
If you are still dissatisfied with our response then we will advise you about further options including, if appropriate, review by the Privacy Commissioner.
This Policy will be reviewed regularly and as required. We reserve the right to review, and change this policy at any time.
A copy of this Policy will be available on the Encore Living Pty Ltd website at www.encore living.com.au . A hard copy of the Policy can be made available, free of charge upon written request being made to the Privacy Officer.