PRIVACY POLICY

 

Padlokt Pty Ltd (ACN 605 587 513) and its related entities ("Padlokt", “CoStar”, “us”, “our” or “we”) understands that privacy is important to you. This document is our Privacy Policy which sets out how we manage your personal and non-personal information that we collect (“Privacy Policy"), including our policies and procedures, regarding the collection, use and disclosure of such information in connection with our services (“Services”) and our website at [www.costarexperience.com] (“Website”). If you have any questions or concerns, please let us know (see “Contact Us” section below).

It is your responsibility to ensure that you understand this Privacy Policy. If, at any time, you do not agree with any of this Privacy Policy, you must cease using our Services, including our Website. This Privacy Policy may be modified or updated from time to time by us, and we will endeavour to notify you of such modifications and updates. We do, however, recommend that you check this Privacy Policy regularly for any modifications or updates.

It is important to note that this Privacy Policy is intended to be read in conjunction with our Subscriber Terms of Service (“Terms”) at [https://www.costarexperience.com/user-terms-conditions].

What Personal Information does CoStar Collect?

“Personal information” is any information that can be used to personally identify you. The types of personal information that CoStar collects will depend on your dealings with us. We primarily collect and store information when you provide it to us voluntarily – this may be in the form of directly supplying the personal information to us when prompted to do so as part of registering for or using our Services, or indirectly supplying the personal information by simply navigating to and browsing our Website. Generally speaking, personal information that we may collect when you use our Services include:

  • your contact details, including name, mailing or street address, location, telephone number, age or birth date, gender, profession, occupation or job title, email address, usernames and other contact information;
  • your billing information, including bank account and credit card details;
  • a record of your IP address;
  • details of the Services you have used and additional information necessary to deliver our Services to you;
  • any additional information relating to you that you provide to us directly through our Website; and/ or
  • information that you provide to us through feedback or customers surveys.

If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

We may collect personal information from you when you:

  • subscribe to our Services and establish an Account (as defined in our Terms) with us;
  • use our Services;
  • undertake any monetary transactions with us in relation to our Services;
  • join or participate in any features or functions available via our Services;
  • use, access or browse our Website (including through technological tools including “Log Data” and “Cookies” which collect certain information, as explained below);
  • provide feedback or customer surveys in relation to the Service;
  • post any user content to the Website (user content includes comments, images, videos and audio-visual files); and/or
  • provide the information to us as part of your dealings with us.

In all other cases where information we collect cannot reasonably be used to identify you or allow a holder of such information to contact you directly, that information will not be personal information (“Non-Identifying Information”). A type of Non-Identifying Information that we may collect and store is statistical, analytical and other usage information and data derived from your use of our Services (usage data includes, for example, the date and time of your visit to the Website, the features or functions of our Services that you use, some ‘cookies’ sent to us via your Internet browser, aggregated quantitative information about active users and user activities and various other content uploaded to the Services such as messages, photos and videos etc.) – to the extent such information and data does not personally identify you, it is not personal information.

Why CoStar Collects, Holds, Uses and Discloses Personal Information

We need to collect personal information (and Non-Identifying Information) so that we can provide our Services and conduct our business activities. We collect, hold, use and disclose your personal information for numerous reasons, including but not limited for, the following reasons:

  • to provide you with our Services and provide any support to you;
  • to allow us to process and/or complete any payment and billing transactions;
  • to operate any features or functions of the Services;
  • for research, analysis and profiling;
  • to market, promote and advertise our business and our Services to you;
  • to market, promote and advertise the goods and/or services of our associates and affiliates to you that we believe you may be interested in;
  • to provide you with news, information or advice about our existing and new Services;
  • to conduct competitions or promotions;
  • to communicate with you including by email, mail or telephone;
  • to verify your identity;
  • to assist our internal administration and daily operations;
  • to conduct business processing functions for the operation of our Website or our Services;
  • to allow us to better understand your use of our products and the Services;
  • to improve, upgrade, enhance, repair, maintain, manage or monitor our Services;
  • to investigate or deal with any disputes or complaints with you in connection with our Services, or if we have reason to suspect that you are in breach of any of our Terms, or that you are or have been otherwise engaged in any unlawful activity; and/or
  • to comply with any other obligations that we may have under the law or otherwise.

We may combine your personal information with Non-Identifying Information and aggregate it with any other information to attempt to provide you with a better experience of our Services, to improve the quality and value of the Services and to analyse and understand how the Services are used.

In relation to our use of your personal information for any direct marketing purposes by us, we will ensure that there is a means available for you to request not to receive direct marketing communication from us; alternatively, you can contact us (see “Contact Us” section below) to advise us that you do not want to receive any direct marketing.

Will your Personal Information be Disclosed to a Third Party?

When you use our Services, we may need to disclose your personal information (and Non-Identifying Information) to third parties who require such information and/or who are the intended recipients of such information based on our understanding through your use of our Services. Generally speaking, we may disclose your personal information (and Non-Identifying Information) for the following purposes:

  1. We may disclose your information to a third party to process any payment or billing transactions and/or to recover any payments due to us.
  2. We may engage third parties to facilitate the provision of the Services, to perform related services (e.g. maintenance services, database management, web analytics, improvement of a service feature and marketing of our business) or to assist us in analysing how our Services are used. These third parties may have access to your information to perform these tasks. We will ordinarily require third parties not to use or disclose any personal information that we disclose to them for any purpose other than to provide or perform the relevant services for us.
  3. We may disclose your information to third parties for the purposes of assisting us with marketing, promoting and advertising our business and Services to you.
  4. We may disclose your information to our related entities, which includes an entity which we share business or other common interests with or that we share common control or ownership with, to contact you regarding marketing, advertising or promotional materials relating to our Services or the goods and services of our related entities if we believe they will be of interest to you.
  5. We may disclose your information to our associates or affiliates, which includes Channel Hosts (as defined in our Terms) or Content Providers (as defined in our Terms), as they may require such information before participating in the Services, contributing Content (as defined in our Terms) to the Services or for the purposes of determining whether you may have access to such Content or the conditions on which you may have access to such Content. Further, those third party entities to whom we disclose your information may also use your information for the purposes of marketing, promoting and advertising their business, goods and/or services to you (in such cases those third parties will be responsible for complying with all applicable laws in relation to such marketing, promotional and advertising activities). 
  6. We may disclose your information if this is required by law, to assist with any law enforcement activities of a government entity, to take professional legal, financial or taxation advice, to deal with any disputes with you in connection with our Services or to deal with (including to pursue or defendant against) any legal claims.

Other than as specified in this Privacy Policy, no personal information will be provided to a third party without your consent. However, CoStar cannot control, and will not be liable, for any use of your personal information by any third party to whom your information is sent with your consent or permission or as part of the normal processes of using our Services.

What Happens if We Cannot Collect your Personal Information?

If you do not provide us with the personal information described in this Privacy Policy, some or all of the following may occur:

  • We may not be able to provide you with the Services (for example, if you do not subscribe to our Services and establish an Account with us, you will not be able to use and access our Services);
  • We may not be able to provide you with information about Services that you may want, including information about competitions or promotions; and/or
  • We may be unable to tailor the content of our Website and our Services to your preferences and your experience of our Website and the Services may not be as enjoyable or useful.

Other Matters

There are some other matters which you should be aware of regarding the use of information on our services:

  1. Direct Marketing. As explained elsewhere in this Privacy Policy, we may use and disclose the information that we collect about you for purposes of marketing, promotion and advertising, including to allow a third party to directly market their goods and services to you. By using our Services, you hereby consent to us using and disclosing your information for direct marketing purposes. As stated above, and where appropriate, we will ensure that there is a means available for you to request to opt-out of receiving direct marketing communications from us by using the opt-out facilities provided (for example, an unsubscribe link). Alternatively, you can contact us (see “Contact Us” section below) to advise us that you want to opt-out of receiving any direct marketing communications. We will then ensure that your name and details are removed from our direct marketing communications list. Also, we may or may not receive a fee or other consideration in the context of arrangements or engagements with third parties which may include direct marketing activities, including the disclosure of such information to permit such activities by third parties. However, in no circumstances, are we required to disclose such arrangements or engagements to you as they may contain sensitive business information the disclosure of which is either not permitted or may interfere with our business and other relationships. If you receive any communications from us that you believe have been sent to  you other than in accordance with this Privacy Policy, or in breach of any law, please contact us immediately (see “Contact Us” section below).
  2. Cookies. Like many websites, we use "cookies" to collect a variety of website usage information and data. A cookie is a small data file that is transferred to your computer’s hard disk. There are session cookies and persistent cookies – we may use both so we can better understand how you interact with our Services and to monitor web traffic routing with the aim of improving or monitoring our Services. Most Internet browsers automatically accept cookies, however you can instruct your browser (via the options section) to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit, however, doing so may mean you will not be able to use all or parts of our Services.
  3. Changing or Deleting Your Personal Information. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, you may review, update, correct or delete the personal information provided to us by contacting us if such capabilities are not available directly via our Services. Subscribers who hold a valid and subsisting Account will generally be able to access and updated their Subscriber details via their Account. We request that you keep your information as current as possible so that we may continue to improve our Services provided to you. If you completely delete all of your personal information, then any subscription or user account that you may hold with us may become deactivated and you may lose the ability to use and access our Services. We may retain an archived copy of your records as required by law or for legitimate business purposes.
  4. Access to Your Personal Information. You may send us a request (to contact us, see “Contact Us” section below) to access the personal information about you that we have collected; you may also send us a request to correct any personal information about you that we have collected. If you seek access to your personal information from us, we will ask you to verify your identity and we may charge a fee for providing you with your personal information, in which case we will inform you of the fee in advance of providing the information. There may be instances where we cannot grant you access to the personal information we hold. We may refuse to give you access to your personal information to the extent that:

 

  1. we reasonably believe that giving access would pose a serious threat to the life, health or safety of any individual, or to public health or public safety; or
  2. giving access would have an unreasonable impact on the privacy of other individuals; or
  3. the request for access is frivolous or vexatious; or
  4. the information relates to existing or anticipated legal proceedings between us and you, and would not be accessible by the process of discovery in those proceedings; or
  5. giving access would reveal our intentions in relation to negotiations with you in such a way as to prejudice those negotiations; or
  6. giving access would result in a breach of confidentiality; or
  7. giving access would be unlawful; or
  8. denying access is required or authorised by or under a law or a court/tribunal order; or

 

  1. both of the following apply:
  2. we have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in; and
  3. giving access would likely prejudice the taking of appropriate action in relation to the matter; or

 

  1. giving access would likely prejudice one or more law enforcement activities of a government entity; or
  2. giving access would reveal evaluative information generated by us in connection with a commercially sensitive decision-making process.

 

  1. Personal Information of a Third Party. If you provide us with personal information relating to another person, you should ensure that you have obtained the prior consent of that person. As that information may be disclosed to an intended third party as part of the normal processes of using our Services, we are entitled to assume that you have explained to the person how we may use their information. 
  2. Log Data. When you use our Services, our servers automatically record information that your browser sends whenever you visit our Website (‘Log Data’). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our service, pages of our service that you visit, the time spent on those pages, information you search for on our service, access times and dates, and other statistics. We use this information to monitor and analyse use of our Services and its technical administration, to increase our Service’s functionality and usability, and to better tailor our Services to our users’ needs.
  3. Links. Our Services may contain links to other third party websites and their services (for example, the website of a Channel Host). If you choose to visit another website or online service by clicking on a link on our Services, you will be directed to that third party’s website or online service. The fact that we may link to a website or online service is not an endorsement, authorisation or representation of our affiliation with the operator of that website or online service, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites and online services. We encourage you to read the privacy policies and terms and conditions of use on those websites or online services that you visit before providing any information or using such websites or services.

Security of Information

We will take all reasonable commercial steps to ensure the protection and security of your personal information from misuse and loss, and from unauthorised access (including by means of firewalls, password access, secure servers and encryption of credit card transactions), modifications or disclosure as required under the Australian Privacy Principles (as set out in Schedule 1 of the Privacy Act 1988 (Cth)). We use commercially reasonable safeguards to preserve the integrity and security of personal information collected to prevent misuse or loss. However, we cannot ensure or warrant the absolute security of any such information you provide to us or guarantee that information may not be accessed, disclosed, altered, or destroyed by unauthorised persons. We do not warrant that our Services will be without error or interruption, or will be free from unauthorised or fraudulent third party access as a result of the nature of Internet transmissions. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately (see “Contact Us” section below).

Complaints about Your Personal Information

If you are concerned about how we collect, hold, store, use or disclose your personal information, you may make enquiries or submit a formal complaint to us (see “Contact Us” section below). We will use reasonable endeavours to address your enquiry or complaint and will endeavour to respond to you within [ 21 ] days of receipt of your initial enquiry or complaint (to the extent that we feel your complaint is complex or that we require further time to provide a substantive response, we will send you a notice to that effect).

You must provide all reasonable assistance to us to allow us to address your enquiry or complaint, including providing us with all appropriate and relevant information and feedback on request.

If you feel your enquiry or complaint has not been adequately addressed by us, you may contact the Office of the Australian Information Commissioner. However, we would advise you to notify us beforehand of why you feel we have not adequately addressed your enquiry or complaint and allow us an opportunity to respond to you. If you would like any further information about your rights to privacy, please contact or visit the website of the Office of the Australian Information Commissioner at http://www.oaic.gov.au. 

Cross-border Disclosure

We may disclose some of your personal information such as your name and email address to organisations, related entities and external service providers located outside Australia, in countries which do not have the same or substantially similar privacy laws, but only to the extent necessary to provide you with the products or services requested by you. It is not practicable to provide you with the names of the countries currently.

Contact Us

If you have any questions about this Privacy Policy or any of the practices described herein, if you wish to update information we hold about you, make a complaint, request a copy of our most current Privacy Policy, or if you are of the view that personal information about you is inaccurate or out of date, please contact us via any method available through our Services or the Website.