Hart Estate Agents

1. Introduction

Hart Estate Agents is committed to protecting personal information and handling it responsibly, lawfully and transparently.

This Privacy Policy & Collection Notice explains how we collect, use, disclose, store, secure, retain and manage personal information in connection with our real estate agency services, including:

• residential and commercial sales;
• residential and commercial leasing;
• residential and commercial property management;
• building management services for buildings we manage that are not strata schemes;
• property inspections, auctions, open homes and private appointments;
• website enquiries, appraisal requests, property alerts and other online forms; and
• general business, compliance, record keeping and regulatory activities.

This document is both our public Privacy Policy and our Collection Notice. It should be made available on our website, at our office, at inspections where practicable, and by link in relevant forms or communications.

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, applicable NSW real estate laws and NSW Fair Trading requirements. From 1 July 2026, real estate professionals will also have AML/CTF obligations, and we may collect and handle personal information for those compliance purposes where applicable.

2. What Personal Information We Collect

The personal information we collect depends on your relationship with us and the service or enquiry involved. We only collect personal information that is reasonably necessary for our functions and activities.

We may collect information including:

• name, address, phone number and email address;
• date of birth, occupation, employment and income details where relevant, such as for tenancy or lease applications;
• identification information and verification documents where required or appropriate;
• property ownership, authority and transaction information;
• rental history, references, emergency contact details and application information;
• bank account, payment, invoice or trust account information where required;
• maintenance, repair, inspection, access and contractor-related information;
• information provided through our website, inspection registers, application forms, emails, SMS, calls, portals or CRM systems;
• property preferences, enquiry history and marketing preferences;
• information required to comply with legal, regulatory, trust accounting, taxation, AML/CTF or dispute resolution obligations; and
• other information you provide to us, or which we are authorised or required to collect.

We do not intentionally collect sensitive information unless it is reasonably necessary, you consent, or we are otherwise permitted or required by law to collect it.

3. How We Collect Personal Information

We may collect personal information directly from you when you:

• contact us by phone, email, text message, website form, portal, social media or in person;
• attend an open home, private inspection, auction or appointment;
• register for an inspection or request information about a property;
• submit a tenancy, lease, purchase, appraisal, management or sales enquiry;
• enter into an agency agreement, lease, tenancy agreement or other property-related arrangement;
• provide information for identity verification, fraud prevention, AML/CTF compliance or legal compliance; or
• otherwise deal with us in relation to a property, building, tenancy, lease, sale or management matter.

We may also collect personal information from other sources where it is lawful and reasonably necessary, including:

• landlords, vendors, purchasers, tenants, occupiers, owners and authorised representatives;
• referees, employers, previous agents, tenancy databases and application platforms;
• solicitors, conveyancers, accountants, brokers, financiers and advisors;
• tradespeople, contractors, suppliers, insurers, valuers and consultants;
• public registers, property records and publicly available sources;
• government agencies, regulators or law enforcement bodies where permitted or required; and
• technology systems, website analytics, CRM, inspection, property management, maintenance and communication platforms.

4. Why We Collect, Use and Disclose Personal Information

We collect, use and disclose personal information for purposes connected with our business and services, including the following.

Sales

• listing, marketing, promoting and selling property;
• verifying vendor, purchaser or property details;
• conducting inspections, buyer enquiries, auctions and negotiations;
• communicating with vendors, purchasers, prospective purchasers and their representatives;
• preparing, managing and progressing sale-related documents, records and instructions;
• supporting contract exchange and settlement administration where appropriate; and
• complying with legal, regulatory, fraud prevention, identity verification and AML/CTF obligations where applicable.

Leasing and Property Management

• advertising, leasing and managing residential and commercial properties;
• assessing, processing and communicating about tenancy or lease applications;
• preparing and managing leases, tenancy agreements, renewals and related records;
• communicating with landlords, tenants, occupiers, contractors and representatives;
• arranging repairs, maintenance, access, inspections, invoices and accounts;
• managing rent, outgoings, arrears, statements and trust/accounting obligations;
• supporting insurance, claims, compliance, dispute resolution and tribunal matters; and
• complying with tenancy, leasing, trust accounting, safety, regulatory, fraud prevention and AML/CTF obligations where applicable.

Building Management

• managing communications for buildings we manage that are not strata schemes;
• coordinating maintenance, access, contractors, building notices and owner/occupier communications;
• administering building-related records, enquiries and instructions; and
• supporting compliance, safety, operational and record keeping obligations relevant to the building.

General Business and Compliance

• responding to enquiries and providing requested information;
• maintaining accurate business records and contact details;
• running our business efficiently and securely;
• providing property alerts, market updates and relevant marketing communications where permitted;
• ensuring safety and security at properties and inspections;
• handling complaints, disputes, legal claims, subpoenas and regulatory enquiries;
• complying with agency agreements and client instructions;
• complying with NSW Fair Trading requirements, real estate laws, trust account obligations, taxation, AML/CTF obligations and other laws; and
• any other purpose you have consented to, or which is otherwise permitted or required by law.

5. When Collection Is Required or Authorised by Law

In some circumstances, we are required or authorised to collect, use or disclose personal information by law. This may include obligations under real estate, tenancy, leasing, trust accounting, taxation, corporations, court/tribunal, NSW Fair Trading, fraud prevention and AML/CTF laws and requirements.

Where we collect information for AML/CTF purposes, we will limit the collection to what is reasonably necessary for those obligations and our services. We will not use government-related identifiers, such as tax file numbers, as our own identifier for individuals.

6. What Happens If You Do Not Provide Personal Information

If you do not provide personal information that we reasonably require, we may not be able to:

• respond to your enquiry or provide requested information;
• admit you to an open home, private inspection or auction;
• process or submit a tenancy or lease application;
• register you as a bidder at auction;
• verify ownership, authority, identity or instructions;
• act for you as vendor, landlord, purchaser, tenant, owner or client;
• manage a property, tenancy, lease, sale, purchase or building matter;
• comply with legal, regulatory, NSW Fair Trading, trust accounting or AML/CTF obligations; or
• provide some or all of our services.

7. Who We May Disclose Personal Information To

We may disclose personal information where reasonably necessary for the purposes described in this policy, including to:

• vendors, landlords, owners, purchasers, prospective purchasers, tenants, prospective tenants and occupiers;
• authorised representatives, attorneys, solicitors, conveyancers, accountants, brokers and other advisors;
• auctioneers, co-agents, conjunction agents and buyers’ agents;
• referees, employers, previous agents, tenant checking services and tenancy databases where relevant;
• tradespeople, contractors, suppliers, consultants, valuers, surveyors, insurers and claim managers;
• property portals, CRM providers, inspection platforms, application platforms, property management systems, maintenance systems, communication providers, document signing providers, cloud storage and IT service providers;
• financial institutions, payment processors and trust/accounting service providers;
• debt collection providers where required;
• government agencies, regulators, courts, tribunals, law enforcement bodies, NSW Fair Trading, AUSTRAC and other authorities where required or permitted by law;
• professional advisers and parties involved in any proposed sale, restructure or transfer of all or part of our business; and
• other parties where you consent, or where the disclosure is required or authorised by law.

We do not sell personal information.

8. Website, Cookies and Online Services

When you use our website or online services, we may collect information such as your IP address, browser type, pages visited, property preferences, enquiry details and information submitted through online forms.

We may use cookies and analytics tools to improve website performance, understand visitor activity, remember preferences and improve our services. You can adjust cookie settings in your browser, although some website functionality may be affected.

Our website may contain links to third-party websites or platforms. We are not responsible for the privacy practices, security or content of those third-party websites or platforms.

9. Marketing and Opt-Out

We may use your contact details to send property alerts, market updates, newsletters, appraisal information, leasing information or other communications about properties or services that may be relevant to you.

You can opt out of marketing communications at any time by using an unsubscribe function where available or by contacting us. We will process opt-out requests as soon as reasonably practicable.

We do not use sensitive information for marketing unless you have consented or we are otherwise permitted by law.

10. Overseas Disclosure and Cloud Storage

We use electronic systems, cloud-based services and technology providers to operate our business. Some of our technology and cloud service providers may store, process or access personal information outside Australia.

Where this occurs, we take reasonable steps to ensure personal information is handled appropriately and in accordance with applicable privacy obligations.

Where it is practicable for Hart Estate Agents to identify the countries in which overseas recipients are likely to be located, we will include that information in this policy or provide it on request.

11. Automated Decision Making

Hart Estate Agents does not currently make decisions that are likely to significantly affect the rights or interests of individuals solely by automated decision-making systems.

We may use software tools to assist with administration, communication, applications, workflow, fraud prevention, property management or compliance. Any material decision affecting a client, customer, applicant or other individual is reviewed or handled by our staff.

If we introduce automated decision-making that is likely to significantly affect individuals, we will review and update this policy as required.

12. Personal Information About Other People

If you provide personal information to us about another person, you must ensure that you are authorised to do so and, where required, that the person has consented to you providing that information to us.

We will handle personal information about other people in accordance with this policy.

13. Anonymity and Pseudonymity

Where practicable, you may deal with us anonymously or by using a pseudonym, for example when making a general enquiry that does not require identification.

However, in many real estate situations we cannot deal with individuals anonymously because identification is necessary for security, property access, client instructions, applications, transactions, trust accounting, legal compliance, fraud prevention or AML/CTF compliance. For example, we may require identification before allowing entry to an inspection, registering an auction bidder, processing an application, verifying ownership or acting under an agency agreement.

14. Security of Personal Information

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure.

Our security measures may include:

• password-protected systems and access controls;
• secure cloud storage and IT security measures;
• restricted access to files and systems based on role and need;
• staff training and supervision;
• secure handling of identification and application documents;
• confidentiality requirements for staff and service providers;
• secure destruction or deletion of records when appropriate; and
• data breach escalation and response procedures.

No internet transmission or electronic storage system can be guaranteed to be completely secure, but we take reasonable steps to protect the information we hold.

15. Retention, Destruction and De-Identification

We retain personal information for as long as reasonably required for the purpose for which it was collected and for business, legal, regulatory, accounting, insurance, trust accounting, dispute resolution and compliance purposes.

When personal information is no longer required and we are not required or authorised by law to retain it, we will take reasonable steps to securely destroy it or de-identify it.

De-identification means removing or altering information so that an individual is no longer identifiable or reasonably identifiable. We may use de-identified information for internal reporting, training, business analysis or service improvement where appropriate.

16. Access to Personal Information

You may request access to personal information we hold about you. Requests should be made in writing using the Privacy Contact details below.

Before providing access, we may need to verify your identity. In some circumstances, we may refuse access where permitted by law, such as where access would unreasonably affect another person’s privacy, reveal commercially sensitive information, prejudice legal proceedings or enforcement activities, or otherwise be unlawful.

We may charge a reasonable fee for providing access where permitted by law. We will tell you in advance if a fee applies.

17. Correction of Personal Information

You may ask us to correct personal information we hold about you if you believe it is inaccurate, out of date, incomplete, irrelevant or misleading.

If we are satisfied that correction is appropriate, we will take reasonable steps to correct the information. If we do not agree to make the correction, we will explain why where required and may add a statement to our record noting that you requested correction.

We do not charge a fee for correction requests.

18. Privacy Complaints

If you have a privacy concern or complaint, please contact Hart Estate Agents using the Privacy Contact details below so we can review and respond to the issue.

We will assess your complaint and respond within a reasonable time. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).

OAIC contact details are available at www.oaic.gov.au.

19. Privacy Contact and Hart Estate Agents Contact Details

If you have a privacy enquiry, wish to request access to or correction of personal information, or wish to make a privacy complaint, please contact Hart Estate Agents using the details below.

Privacy enquiries, access or correction requests and privacy complaints will be referred internally to the Licensee in Charge and/or Operations Manager for review and response.

20. Updates to This Policy

We may update this Privacy Policy & Collection Notice from time to time. The current version will be available on our website and may also be made available at our office, by email or at inspections where appropriate.