Privacy Policy

Background

To provide you with our Services, McConaghy Properties Pty Ltd and our Related Entities (we, our, us) need to collect Personal Information. If we do not collect the Personal Information or if any of the Personal Information you provide is incomplete or inaccurate, we may not be able to provide the Services or those Services may be compromised.

We recognise the trust you place in us when you provide us with Personal Information and are committed to protecting your Personal Information and complying with our obligations under the Australian Privacy Principles. This document provides you with information on how we collect, use, store and disclose your Personal Information.

Definitions

In this policy:

Centres means each of the retail shopping and commercial centres we operate and own.

Personal Information has the meaning given under the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth).

Related Entities has the same meaning as under the Corporations Act 2001 (Cth) and includes our franchisees.

Retailers means the retailers and other tenants operating from a Centre.

Sensitive Information has the meaning given under the Privacy Act.

Services means the offers and services provided by us, including management of our Centres.

Website means www.mcconaghyproperties.com.au and other websites and forms of social media where you post comments or we interact with you.

The meaning of any general language is not restricted by any accompanying example and the words includes, including, such as, for example or similar words are not words of limitation.

What Personal Information do we collect?

The type of Personal Information we collect may differ depending upon the circumstances of our relationship with you and the nature of the Services we provide to you. Depending on the nature of the Services we provide to you, other Personal Information we collect may include:

Category	Type of Information
Customers	Name, email address, telephone numbers, address, date of birth and any other contact details Gender Surveillance images Shopping preferences Interests Debit or credit card information if we provide services to you If you seek credit from us, your financial and trading information and credit reference information Sensitive Information, for example, if you advise us of any disability or medical issue
Potential retailers/tenants	Name, email address, telephone numbers, address, date of birth and any other contact details Information as to Retailer’s financial standing and retailing experience Financial and trading information and credit reference information
Retailers / Tenants	Name, email address, telephone numbers, address, date of birth and any other contact details Information as to Retailer’s financial standing and retailing experience Financial and trading information and credit reference information
Potential employees	Name, email address, telephone numbers, address and any other contact details Qualifications Employment history Information provided in response to application
Consultants, Contractors and security staff	Name, email address, telephone numbers, address and any other contact details Gender Licensing information Identification documents

Credit

To the extent allowed by law, we may and you authorise us to collect, use and disclose information in respect to any credit we provide to you, including to a Credit Reporting Body (CRB). This includes information the CRB requires to provide us with a report to assist us in assessing you credit worthiness, payment or default information, information about fraud or any other serious credit infringement, information about adverse court judgments, insolvency or bankruptcy and publicly available credit information about your credit worthiness.

If you default in the payment of any monies owed to us, you authorise us to provide Personal Information to the CRB. This information may then be used and disclosed by the CRB in accordance with the Privacy Act and the CRB’s privacy policy, including providing credit assessments to other credit providers. You may request the CRB not to use or disclose your credit information in some circumstances, e.g. if you have been a victim of fraud. Information about the CRBs we use may be obtained from our Privacy Officer, whose details are set out below.

How do we collect the Personal Information?

We collect Personal Information:

directly from you;
from Retailers;
through our surveillance systems;
through our website and by other electronic communication channels (e.g. when you send us an email or post, an entry on our Facebook page or another social media site);
when you enter a competition or promotion, participate in a survey or register to receive information from us;
from your employer, company or other organisation if you use our Services under a corporate account or other arrangement;
from our contracted service providers (including security providers);
from a CRB;
from debt collection agencies if you default in a payment to us;
from third parties;
from publicly available sources of information;
when we are required to do so by law;
when you log onto or connect to our Website. Our server automatically records information your browser sends (e.g. your IP address, how and when you travel through our Website, the pages and documents accessed information about your usage (e.g. by way of cookies) and other information provided by downloading information from our website). However, unless you provide your name or it is part of your email address, our server does not automatically collect this information.

If at any time you supply Personal Information to us about any other person (e.g. by posting a photo on our Facebook page), you represent and we accept that information on the basis that you are authorised to do so and that the relevant person has consented to the disclosure to us.

CCTV, other imaging and tracking

We use video and camera surveillance within and in the car parks outside our Centres. In addition, our Retailers may have video and camera surveillance within their stores or offices.

The surveillance video and camera images may include images of you and anyone accompanying you (e.g. other occupants of your car), as well as details of your vehicle and your vehicle registration number. The images will be used for the purpose of identifying security issues and for any other purpose authorised under the Privacy Act.

How do we use Personal Information?

We use the Personal Information we collect for operational purposes, including:

to provide our Services and operate the Centres;
for security purposes;
to comply with our contractual and other legal obligations;
to provide information to companies and other entities which provide ancillary services, including insurance, security, repairs and maintenance and charging facilities;
to respond to medical emergencies;
to process your inquiries and improve our Services;
for marketing purposes (refer to Marketing section of this document); and
to develop our Services.

Marketing

We may use and disclose your Personal Information to provide you with information on offers, products and services offered by us, our Retailers, our Related Entities and our business associates. If at any time you no longer wish to receive any additional marketing material from us or do not want your information disclosed for direct marketing purposes, contact our Privacy Officer and we will remove your details from our marketing database.

We do not use Sensitive Information for marketing purposes.

Disclosing Personal Information

In addition to the situations above, we may disclose your Personal Information to our Related Entities and third parties in certain circumstances including:

if you agree to the disclosure;
to assist in the provision of the Services;
where disclosure is required or permitted by law, e.g. by court order, following a request from the Police, government authority or regulator, or to investigate suspected fraud or other unlawful activity;
in circumstances where you would reasonably be expected to consent to information of that kind being passed to a third party;
where it is required to be disclosed for audit purposes;
if disclosure will prevent or lessen a serious or imminent threat to someone’s life or health; or
where it is reasonably necessary for the enforcement of the criminal law, a law imposing a pecuniary penalty or for the protection of public revenue.

Security considerations

While we do all we reasonably can to protect your Personal Information from misuse, loss, unauthorised access, modification or disclosure, including investing in security software, the Internet is not a secure environment. The open nature of the Internet is such that information exchanged via the Internet may be accessed and used by people other than those for whom the data is intended. If you send us any information, including (without limitation) Personal Information, it is sent at your own risk.

You are responsible for all actions taken using your username, email or password. If at any time you believe your username or password has been compromised, you should immediately contact us and also change your password.

If you access a partner or service website (e.g. Retailer) from our website, you do so and provide Personal Information in accordance with the terms and conditions under which the provider of that website operates.

While we are not in a position to give you advice on Internet security, if you provide Personal Information to us electronically, there are some things you can do which may help maintain the privacy of your information, including:

ALWAYS closing your browser when you have finished your session;
NEVER providing Personal Information when using a public computer; and
NEVER disclosing your user name and password to another person.

How your information is stored

We endeavour to keep our information systems and files secured from unauthorised access. Those who work with us are aware of the importance we place on protecting your privacy and their role in helping us to do so.

Our procedures to securely store Personal Information include electronic and physical security measures, staff training and use of password protection software.

When the Personal Information that we collect is no longer required, we will remove or de-identify the Personal Information as soon as reasonably possible. We may, however, retain Personal Information for as long as is necessary to comply with any applicable law, for the prevention of fraud, for insurance and governance purposes, in our IT back-up, for the collection of any monies owed and to resolve disputes.

How you can update, correct, or delete your Personal Information

You may request access to your Personal Information or correct any inaccurate or out of date information by clicking here or contacting our Privacy Officer. For security purposes, we may ask you to provide evidence of your identity.

If you ask, in most cases we will give you access to the personal information that we hold about you and take reasonable steps to correct any incorrect information. We will try to make the process as simple as possible.

You may request the source of any information we collect from a third party. We will provide this at no cost, unless under the Privacy Act or other law there is a reason for this information being withheld. If there is a reason under the Privacy Act or other law for us not to provide you with information, we will give you a written notice of refusal setting out the reasons for the refusal except to the extent it would be unreasonable to do so and the mechanisms available to you to complain about the refusal.

Changes to our Privacy Policy

This document sets out our current Privacy Policy. Our Privacy Policy will be updated from time to time. You should therefore review our Privacy Policy each time you visit our Website or provide us with Personal Information.

Contacting us

You should contact us immediately if you believe:

someone has gained access to your Personal Information;
we have breached our privacy obligations or your privacy rights in any way; or

Our contact details are:
Attention: The Privacy Officer
Mail: McConaghy Properties Pty Ltd
GPO BOX 5267 BRISBANE QLD 4001
privacy@mcconaghyproperties.com.au

Please provide details of your complaint and your contact details to enable us to discuss it with you and conduct our investigations. We will respond to you within 30 days.

More information about your rights and our obligations in respect to privacy and information on making a privacy complaint are available from the Office of the Australian Information Commissioner at:

Website: www.oaic.gov.au
Post: GPO Box 5218 Sydney NSW 2001
Email: enquiries@oaic.gov.au