Smart Conveyancing & Smart Form One is committed to protecting your privacy and personal information.
Who we are?
Smart Conveyancing Pty Ltd ACN 617 674 674 (Smart Conveyancing) and Smart Form One Pty Ltd ACN 617 670 756 (Smart Form One) are companies which are owned and operated by registered conveyancer and company director, Jacqui Pawelski.
Smart Conveyancing and Smart Form One work in collaboration with each other to offer you Conveyancing and Form 1 preparation services in relation to land transactions in South Australia (our services).
What is personal information?
The legal definition of personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not; and whether the information or opinion is recorded in a material form or not.
The above legal definition, results in two types of personal information being able to be collected from you including:
- Personally, identifiable information which is used to identify you or something about you. For example, names, addresses, credit information, tax file number; and
- Non-personally identifiable information which is all other information about you or that you may provide that allows an opinion about an individual to be formed whether accurate or not.
Personal information can be confidential, sensitive and/or public.
What personal information do we collect and hold?
The personal information we collect from you may include:
- • Personal details, such as name, mobile phone number, landline phone number, email address, postal address, date of birth, gender;
- • Employment details, such as occupation, employment, salary, employment history;
- • Marital status, residential status and any dependents;
- • Details about your borrowing arrangements with banks or other financial institutions, including credit provided to you and security granted by you;
- • Identity verification information used for transfers of money or transfers of land, including copies of your passport, drivers’ licence, birth certificate;
- • Copy of council rates notice or water rates notice in relation to a property that you own or have an interest in;
- • Court orders which relate to you, including orders made by the Family Court of Australia;
- • Your financial position, including what assets (property, accounts, vehicles, sundry and other) and liabilities (home/investment loans, personal and bank loans, credit cards, rental expenses, living expense) you have;
- • All information that you provide to us by way of instructions or that we acquire about you that is used to provide our services to you;
- • Publicly available information from public resources, government departments and credit agencies;
- • Payment information related to the payment of our fees such as credit/debit card, security code numbers and billing information;
- • Information collected if you access our website or our social media accounts (Instagram and Facebook),including your IP address, web browser settings and type and user profile;
- • Cookies that collect information automatically through visits to our website;
- Information you provide by way of feedback, reviews and complaints.
We take no responsibility for the truthfulness, accuracy, and completeness of the information you provide to us. It is your responsibility to provide up to date and accurate information to us.
How do we collect your personal information?
We may collect personal information from you directly in the following circumstances:
- • When you provide it to us or we acquire it during the course of providing our services;
- • If you are a client or a prospective client, when you make an enquiry with us about our services or interact with us on our website, social media accounts, by email, telephone or in person; and
- • If you are supplier or prospective supplier of services to us, when you offer to provide services to us.
We may also collect personal information from you indirectly from third party sources and publicly available records. For example, collecting personal information from your own resources, referrals, government agencies, credit agencies and other information service providers.
Smart Conveyancing & Smart Form One work collaboratively. We may collect and share personal information about you between each other.
For what purpose do we collect and use your personal information?
The primary purpose that we collect and use your personal information is to provide our services to you.
We also collect and use your personal information for the following purposes:
- • To manage and administer our professional relationship with you, including communication with you as and when needed, invoicing, disbursing funds, and collecting payment for our services
- • To comply with our legal, recording, compliance and regulatory obligations;
- • To defend or enforce our legal rights in legal proceedings;
- • To improve and optimise the services and products we provide to you and the means by which we provide those services to you;
- • To respond to any questions, comments, or complaints you might have;
- • For insurance purposes;
- • For marketing and promotional communications to you including for services that may interest you, surveys, market analysis, newsletters, industry updates, education and events.
(we will refer to all of the above purposes as Permitted Purposes)
In relation to marketing and promotional communications, we will, where legally required, only use your personal information to provide you with marketing and promotional communications when you have opted in to receive those communications and we will provide you with the option to opt out at any time if you do not wish to receive further marketing and promotional communications from us. You can opt out by using the “unsubscribe” facility on emails, or by you contacting us to notify us that you no longer wish to receive marketing and promotional communications from us.
When do we disclose personal information and with whom?
We only disclose your personal information when it is necessary and appropriate for the Permitted Purposes set out in the section above.
We may share your personal information in the following circumstances:
- • With third party stakeholders in the course of the provision of professional services including, but not limited to financiers, banks, brokers, legal practitioners, other conveyancers, revenue offices, PEXA, land registries, government departments;
- • With consultants and experts, we engage on your behalf, and with your approval, in the course of the provision of our services (for example, surveyors or land agents);
- • Between Smart Conveyancing & Smart Form One;
- • With third party contractors and service providers on a confidential basis such as debt collectors, Australia Post, couriers or any other person that requires that information to assist in the provision of our services to you;
- • With regulators, government bodies, credit agency, fraud or crime prevention providers where it is reasonably necessary for a legal purpose or dispute resolution processes or required by law;
- • To third parties on a confidential basis for the purposes of collecting feedback on the provision of our services, our performance, and to assist and improve the marketing and promotion of our services; and
- • Any other person that we tell you about and you consent to us disclosing your personal information to.
We do not sell your personal information to others.
We do not anticipate that your personal information is likely to be disclosed to overseas recipients unless they are a relevant stakeholder or party involved in the land transaction subject of our services to you.
How do we hold your personal information and keep it secure?
We keep your personal information stored in both electronic form using our IT systems or the IT systems of third parties required to provide you with our professional services, and in paper form when it is provided to us or prepared by us in hard copy.
We take reasonable and appropriate steps to protect and safeguard your personal information.
The electronic and procedural safeguards we have in place to manage security risks associated with your personal information include the use of antivirus software and protection and secure premises.
We will also only allow those who have authorised access to your personal information and require them to treat personal information as confidential unless it is otherwise in the public domain.
Retention and destruction of your personal information?
We retain your personal information for as long as it is required for the Permitted Purposes, currently 7 years. We will also retain personal information that is necessary to meet our legal obligations.
When your personal information is no longer reasonably required for the Permitted Purposes it will be securely destroyed by us.
How you can access your personal information or correct it?
You have the right to request access to any personal information we hold about you. You also have the right to request correction to any of the personal information we hold about you.
If you would like to request access to, or a correction to any of the personal information we hold about you, please contact our Privacy Officer. You can phone our Privacy Officer on 08 7123 6330 or if you to prefer to contact our Privacy Officer in writing you can email to the Privacy Officer at firstname.lastname@example.org or send a letter by post to:
Attn: Privacy Officer
2/162 Flinders Street
Adelaide SA 5000
Once a request has made been made, the Privacy Officer will aim to contact you within 5 business days.
The process for access and correction of your personal information may also be available to you under the Freedom of Information Act 1982.
How can you contact us with any questions or make a complaint?
Attn: Privacy Officer
2/162 Flinders Street
Adelaide SA 5000
The Privacy Officer will treat any request or complaint respectfully and confidentiality. Once a request or complaint has made been made the Privacy Officer will contact you within 5 business days. We are committed to working with you to resolve any concerns or complaints in an effective and timely manner.
If you are not satisfied with the outcome or the way in which we have handled your request or complaint, you may be able to make a complaint to the Office of Australian Information Commissioner (OAIC) who is an impartial third party. OAIC details and information about making a of complaint can be found at the website below.