This Privacy Policy applies to FamilyProperty’s customers and operations in Australia. 

Last updated: 17 May 2023

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Your privacy is important to FamilyProperty (“we”) and we are committed to protecting your personal information. 

This Privacy Policy provides you with information about how we may collect, hold, use, disclose, and otherwise process personal information collected in connection with your use of our websites, mobile applications, software solution and other FamilyProperty services (collectively, the “Services”).

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Changes to This Policy

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We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will publish an updated version on this website. If we make material changes to this Privacy Policy, we may also notify you by posting a notice or update on our website, or (in the case of our Subscription Customers) by sending Operational Emails to the Main Account Contact listed for your firm.

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Personal Information We Collect 

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Information You Provide

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We collect personal information that you provide when you access or use our Services from one or more devices associated with you, or that you provide in any other way, including over the phone, by email or on paper. This may include:

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• Customer and Marketing Information - information we collect when you complete our online form requesting a demo of our software, enquire about our Services, purchase a Service Subscription, sign up for a FamilyProperty-sponsored event or webinar, participate in our referral program, subscribe to our blog or other marketing communications, complete surveys, provide a testimonial, or contact our support centre representatives.

 

The Customer and Marketing Information we collect may include:

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• Contact data - company / personal names, usernames, phone numbers, location, email addresses and any other contact information you provide to us;

• Financial information – payment details, billing information, purchase history;

• Marketing data – such as your preferences in receiving marketing from us, or information about how you use our website or services (for example, traffic volumes, time spent on pages), your IP address and/or other device identifying data;

• Correspondence data - information contained in your correspondence with us or survey responses; and

• Other Service data - other information we use to provide a Service or the information you have requested from us.

 

• Recruitment Information – information we collect from you as part of a recruitment or engagement process including personal contact details, employment history, academic qualifications, education records, and any other information you provide when applying for a position with us.

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• Supplier Information – information we collect from you about our suppliers and business partners including contact details, job titles and department and accounts payable information.

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• Client Information – information that subscribers to our software Services (Customers) collect from individuals (e.g. their employees, service providers, and clients and the personnel of those service providers and clients) and upload into our Services as part of their business and operations. 

 

Our Customers determine what Client Information they collect and upload into the Services, and how they use, disclose and transfer that Client Information. Our Customers may also have agreements in place with the persons from which they collect Client Information. This means that our Customers' collection and use of Client Information is described in their privacy policy and practices, and in any applicable agreement, and not in ours. 

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Our Customers use our Services to process Client Information in accordance with the terms we have agreed with them for use of the Services. Our limited role in processing Client Information for our Customers is described in this Policy.

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• Related Party Information – as part of our Services we may offer our Customers the ability to permit applicable third parties (for example, clients, barristers or counterparties) (Related Parties) to have limited access to our software Services (for example, to enable the Related Parties to view, upload or download information) to facilitate the conduct of our Customer’s business or operations. 

 

In doing so, we may collect contact or account information about the Related Parties as part of the process of enabling access to the Services. Once provided with access, a Related Party may upload information into our Services at the request of our Customer, or as part of its dealings with our Customer.

 

We treat information about (or provided by) Related Parties in the same way as Client Information.

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If you disclose information as a Related Party of our Customer, you should be aware that our Customer will be permitted to access, use, disclose and transfer that information in accordance with their privacy policy and practices (and not in accordance with this Policy).

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• Interfacing Third Party Data – a Customer or Related Parties may purchase or otherwise request services (including financial products and services) from third parties that provide products or services that are delivered in or through, or that interface or are integrated with, our Services (Interfacing Service Providers). 

 

Where required to enable the delivery of products or services by Interfacing Service Providers, we may collect information about you, or your Client Information, from Interfacing Service Providers. 

 

We may also disclose information about you, your Client Information, and your Related Party Information, to Interfacing Service Providers, to enable the delivery of the Services and the products and services of Interfacing Service Providers. 

 

The holding and processing of such information by Interfacing Service Providers is subject to the privacy policies of those Interfacing Service Providers and the terms of any agreement that you may have with them for the product or service you have requested. You should read the privacy policies of those Interfacing Service Providers to understand how those third parties process or handle your personal information. 

 

Information from Other Sources

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• Where permitted by law, we may also collect personal information about you from other sources and combine that with Customer and Marketing Information we collect from you through our Services. We will only do this where you have provided your consent or where it is unreasonable or impracticable for us to collect that information directly from you.

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Information Automatically Collected

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When you visit our websites, we may automatically collect information about your visit, including pages you access, links you click and actions you take through the use of essential and non-essential cookies, web beacons, pixel tags and other tracking technologies (collectively, Cookies). 

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We may also collect certain information from your web browser, such as your device’s operating system, application software, browser type and language, Internet Service Provider (ISP), Internet Protocol (IP) address, MAC address, access times and the websites you visit after our website(s).

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For more information about our use of cookies, please see the “How We Use Cookies” section below.

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How We Use Your Personal Information

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General

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Your personal information may be collected and used for our legitimate business purposes, or where you have otherwise given your consent (such consent can be withdrawn at any time by contacting us using the contact details set out at the end of this Privacy Policy).  

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Client Information

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We will not access and use Client Information other than as required by law or for the purpose of delivering Services to our Customers in accordance with the terms of our agreement with those Customers. For example:

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• we will store and process the Client Information as part of the Services in accordance with our Customer’s instructions; and

• we may access Client Information where required to assist a Customer (or a Related Party at the request of our Customer) with technical issues relating to the Services, but we will not access or use Client Information for marketing or other purposes.

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Customer and Marketing Information

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For example, where permitted under applicable law, we may use Customer and Marketing Information that you provide or that we collect about you:

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• to assist you to subscribe to our Services;

• to administer your account, including verifying your identity and analysing your usage of the software;

• to provide the Services you request;

• to send you transaction information, including subscription confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;

• to respond to your comments and questions and provide support services;

• to operate and improve our Services;

• to facilitate the provision of software updates and other services related to our mobile applications;

• to post testimonials (with your consent);

• to obtain your feedback to measure our performance and improve our Services and customer experience;

• to market the Services to you, including by communicating with you about new promotions, rewards, upcoming events and webinars;

• to comply with our legal obligations, respond to requests from competent authorities and regulators, and protect and enforce our legal rights and interests, including the terms of any agreement we have with you; 

• to provide you with advertisements based on your interests; 

• to provide you with training related to the Services; and 

• to notify you of any new service offerings that are integrated with or delivered through, or otherwise relate to, the Services.

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How We Disclose Your Personal Information

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There are circumstances where we wish to share or are compelled to disclose personal information to third parties. This will only occur in accordance with applicable law and for the purposes listed in this Policy.

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We may disclose your personal information:

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• to our related bodies corporate for the purposes described in this Privacy Policy;

• (including your Client Information, and your Related Party Information) to Interfacing Service Providers to enable them to provide products and services to you that you have requested;

• to our third-party vendors, consultants and other service providers, but only for the purpose of performing functions and services on our behalf or under our instructions in order to deliver our Services;

• to our professional advisors, such as our accountants, auditors and legal advisors.

• in order to: (i) establish, exercise, or defend against legal claims; (ii) comply with laws or to respond to lawful requests and legal processes, such as to respond to requests from competent authorities and regulators or subpoenas issued by a Court or similar body; (iii) protect the rights and property of FamilyProperty, our agents, customers and others, including to enforce our agreements, policies and Terms of Service; (iv) investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person; or (v) as otherwise permitted by applicable law;  

• to any person authorised by you; and

• to the extent permitted by law, to another legal entity in connection with a joint venture, merger, sale of company assets, financing, reorganisation, or acquisition or divestiture affecting all or a portion of our business.

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We require all third parties to who we disclose personal information to treat it in accordance with the law. We do not allow our third party service providers to use your personal information for their own purposes, and we only permit them to process your personal information for specified purposes in accordance with our instructions. 

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How We Use Cookies

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Cookies are small files downloaded to your device when you visit a website. We use cookies to provide our websites, gather information about your browsing behavior in order to personalize your experience and to understand how visitors generally use our websites in order to improve our websites. 

We may use and allow certain third parties to place cookies on our websites to collect information about your online activities over time and across websites. We may use this information to deliver advertising relevant to your interests (known as interest-based advertising). We may also use these cookies to determine how effective our advertising efforts are in order to improve the advertisements you see.

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The cookies we use on our websites generally include:

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• Strictly Necessary Cookies: Cookies that are necessary in order to operate our websites, including to maintain the security of our websites. These cookies are erased when you close your browser.

• Analytical Cookies: Cookies that allow us to recognize and count the number of people who visit our websites and understand how these visitors navigate through our websites so that we can make improvements as needed. These cookies are erased when you close your browser.

• Functional Cookies: Cookies that improve the functional performance of our websites and make them easier for you to use by remembering your preferences. These cookies remain on your device after you close your browser and allow us to provide you with the same experience during your next visit to our websites.

• Targeting Cookies: Cookies placed by third parties that allow us to better understand how visitors interact with our websites and other websites so that we can deliver interest-based advertisements. These cookies remain on your device after you close your browser for us to use during your next visit to our websites.

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Cookie and Marketing Choices

Your web browser may be set to accept cookies automatically, and only you can manage your browser settings. If you do not want information collected through the use of cookies, there is a simple procedure detailed in the toolbar on most browsers that allows you to block certain cookies. Please note that by blocking certain cookies, you may not be able to access important functions or take advantage of the improved website experience that cookies offer.

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If you want to opt-out of interest-based advertising, you may do so by clicking here.

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Please note this does not completely opt you out of being served ads. You may continue to receive generic advertisements. 

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Do Not Track Signals

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Some web browsers include the ability to transmit “Do Not Track” signals. Because uniform standards for “Do Not Track” have not been established, our websites are not currently configured to respond to these signals.

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Marketing communications

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We will not send you any marketing communications via email, SMS or other electronic means without your express or implied consent.

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You can choose to stop receiving our marketing communications by following the unsubscribe instructions included in those communications, or contacting us at the details below.

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Call recordings

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From time-to-time FamilyProperty may call or contact you about your account, or receive calls from you, including through video or web conferencing services. With Your consent (as required by law), FamilyProperty may record those calls and contacts, and store those records, and use or disclose them:

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• for training and quality assurance purposes related to FamilyProperty’s staff; and

• to comply with our legal obligations, respond to requests from competent authorities and regulators, and protect and enforce our legal rights and interests, including the terms of any agreement we have with you.

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Children

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Our Services are not targeted or intended for persons under the age of 18, and we do not knowingly collect personal information from individuals under the age of 18. 

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Security

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The security of your personal information is important to us. We take a number of organizational, technical and physical measures designed to protect the personal data we collect, both during transmission and once we receive it. Those measures are described in our Security Policy which is available at www.familyproperty.com.au/security

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However, no security safeguards are 100% secure and we cannot guarantee the security of your information.

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Data storage and retention

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Our software Services and your information are stored on our servers, which are built on the Google Cloud Platform.

We may retain your personal information for as long as necessary for the purposes described in this Privacy Policy and to comply with applicable law.

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In the case of Client Information, we may securely destroy that Client Information in accordance with our agreement with you.

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International Data Transfers

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We will store and process your information in the jurisdiction of origin, which for our Australian customers and operations is Australia.  

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Linked Sites

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Our websites may contain links to third-party websites. This Privacy Policy does not apply to, and FamilyProperty is not responsible for, the privacy practices of those third-party websites. To learn about the privacy practices of a linked site, you should read that site’s privacy policy to understand how personal information that is collected about you is used and protected

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Accessing and correcting your personal information

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If you reside in Australia, you may have the right to request access to your personal information held by us, request that it be corrected or make a complaint about the way we have collected, used, held or disclosed your personal information, by contacting us at the details below. 

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If your request relates to Client Information, we suggest that you direct any inquiries regarding the processing of your personal information to that Customer in the first instance.

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We may require you to verify your identity in order to handle your request.

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If you make a complaint and we are unable to resolve it to your satisfaction, you may be able to submit your complaint directly to the Office of the Australian Information Commissioner.

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Rights of EU Residents

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FamilyProperty does not have an establishment in the European Union (EU) or offer any products or services to individuals located in the European Union. 

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Our Customers are based in Australia, but we do not control what Client Information they may upload into the Services. If a Customer uploads personal information relating to a resident or citizen of the EU, then it is possible that we may on occasion process personal information of EU residents on behalf of our Customers. In that case we may be a ‘data processor’ and our Customer may be the ‘data controller’ under the General Data Protection Regulation (GDPR).

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Without limiting any of our obligations under applicable law (including the GDPR), if you are an EU resident and believe that FamilyProperty is processing your personal information on behalf of a Customer, we suggest that you direct any inquiries regarding the processing of your personal information to that Customer in the first instance.

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How to Contact Us

If you have any questions in relation to privacy, please contact us at:

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hello@familyproperty.com.au

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If you would like access to your personal information held by us, request that it be corrected or make a complaint, please contact us at:

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support@familyproperty.com.au