Privacy Policy
1. About this policy
This policy explains how X Commercial collects, holds, uses and shares personal information in its Australian commercial real estate operations and through xcommercial.com.au. We follow the Privacy Act 1988 (Cth), the Australian Privacy Principles and other privacy laws that apply to us.
X Commercial is a network of offices. An office may be operated by a separate legal entity and is responsible for the personal information it handles. In this policy, "X Commercial", "we", "us" and "our" mean the Australian X Commercial entity that handles your information. You may contact the relevant office directly or use the central privacy contact in section 15.
This policy applies to clients, prospective clients, property owners, vendors, purchasers, landlords, tenants and occupiers, guarantors, investors, suppliers, website visitors, job applicants, contractors and other people we deal with. A separate notice may apply to finance, credit or New Zealand services.
2. What personal information we collect
The information we collect depends on how you deal with us. It may include:
- identity and contact details, such as your name, address, telephone number, email, date of birth and signature
- proof-of-identity and compliance information, such as driver licence or passport details, beneficial ownership, source-of-funds information and checks required for anti-money laundering and counter-terrorism financing, sanctions or fraud prevention
- property and transaction information, such as property ownership, lease details, inspection records, offers, preferences, budgets, valuations, correspondence and instructions
- financial information, such as bank account details, payment history, rent, outgoings, arrears, assets, liabilities and information relevant to a purchase, sale, lease or management appointment
- business and professional information, such as your employer, position, company, ABN or ACN, professional advisers and authority to act for an organisation
- application and verification information, including references and information obtained from agents, landlords, employers, professional advisers, public registers and lawful screening services
- marketing and communication preferences, enquiry history and feedback
- website and device information, such as IP address, browser, device identifiers, pages viewed, referring site and cookie or analytics data
- images, audio or video, including property photography, virtual inspections, recorded calls where notified, and CCTV at premises where signs or notices are displayed
- recruitment information, such as your resume, qualifications, work history, references and eligibility to work
- sensitive information where it is reasonably necessary and permitted by law, usually with your consent, such as information relevant to accessibility, safety or a legal compliance check.
You may deal with us anonymously or using a pseudonym where practical. We will usually need your identity to provide agency services, enter a transaction, manage a property, verify authority, process payments or meet legal obligations.
3. How we collect information
We usually collect personal information directly from you, including when you contact us, submit a website form, attend an inspection or auction, engage us, apply for a property or job, sign an agreement, make a payment, subscribe to updates or communicate with an agent.
We may also collect information from your authorised representatives and advisers; other X Commercial offices; property owners, vendors, purchasers, landlords, tenants and occupiers; referees and employers; strata managers and building managers; government bodies and public registers; property portals; social media and other public sources; data, identity and compliance providers; and our service providers.
If you give us personal information about another person, please make sure you are authorised to do so and, where practical, tell them about this policy.
4. Why we use personal information
We use personal information to:
- respond to enquiries and match people with commercial property opportunities
- provide sales, leasing, asset management, valuation, advisory, project marketing and related services
- verify identity, authority, ownership and eligibility and carry out due diligence
- prepare, negotiate and administer agency agreements, leases, contracts, offers and transactions
- manage properties, tenants, contractors, rent, outgoings, repairs, inspections and trust or client money
- conduct appraisals, campaigns, auctions, inspections, market analysis and reporting
- perform checks and meet legal, licensing, tax, record-keeping, trust accounting, AML/CTF, safety and regulatory obligations
- process payments, recover debts, prevent fraud, manage disputes and protect people, property and our legal rights
- operate, secure and improve our website, systems, network, services and customer experience
- send property alerts, market updates and other marketing where permitted
- manage suppliers, contractors, recruitment and business administration
- create aggregated or de-identified insights and statistics.
If we cannot collect information that is reasonably required, we may not be able to provide a service, progress an application or transaction, verify your identity, manage a property or meet our legal obligations.
5. When we share personal information
We may share personal information where reasonably necessary for the purposes above, including with:
- other X Commercial offices and personnel involved in the enquiry, campaign, referral, property or transaction
- property owners, vendors, purchasers, landlords, tenants, occupiers, guarantors and their representatives
- lawyers, conveyancers, accountants, valuers, surveyors, building consultants, strata managers, insurers, banks, brokers and other professional advisers
- contractors and suppliers such as tradespeople, photographers, auction providers, signboard providers, printers and marketing agencies
- property portals, advertising platforms and campaign reporting providers
- technology, cloud hosting, email, CRM, analytics, document signing, identity verification, payment and security providers
- referees, employers and recruitment providers
- government, courts, tribunals, regulators, law enforcement and bodies such as AUSTRAC where required or authorised by law
- a prospective buyer, investor or adviser in connection with a proposed sale, restructure or transfer of an X Commercial business, subject to appropriate confidentiality arrangements
- any other person you authorise or where disclosure is required or permitted by law.
We do not sell personal information as a standalone product.
6. Overseas disclosure
Some X Commercial offices, service providers or technology platforms may be located outside Australia or may store or access information overseas. This may include New Zealand and countries where our cloud, software, data, marketing or support providers operate. The countries can change as providers change their hosting and support arrangements.
Before disclosing personal information overseas, we take reasonable steps required by Australian privacy law to ensure it is handled appropriately. You can contact us for current information about likely overseas locations relevant to your information.
7. Marketing and property updates
Where permitted, we may use your contact details and interests to send property opportunities, market updates, event invitations and information about our services. We may do this by email, SMS, telephone, post or online advertising.
You can opt out at any time by using the unsubscribe link, replying "STOP" to an SMS where available, telling the agent who contacted you or emailing hi@xcommercial.com.au. We will action an opt-out within the period required by law. Service messages about an active appointment, property or transaction are not marketing messages.
8. Website, cookies and links
Our website uses cookies and similar technologies to operate the site, remember preferences, understand website use, improve performance, measure campaigns and support relevant advertising. You can control cookies through your browser and, where available, our cookie settings. Blocking some cookies may affect website functions.
Our website may link to third-party websites or property portals. Their privacy practices are governed by their own policies, and we are not responsible for those practices.
9. Automated tools
We may use software to help route enquiries, match property requirements, identify unusual activity, carry out compliance checks and support staff decisions. We remain responsible for how personal information is handled. If we arrange for a computer program to use personal information to make, or substantially assist in making, a decision that could reasonably be expected to significantly affect a person's rights or interests, we will describe the relevant kinds of decisions and personal information in this policy as required by law.
10. Security and data breaches
We take reasonable technical and organisational steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. These steps may include access controls, authentication, staff training, secure service providers, monitoring, backups and incident response procedures. No system is completely secure, so please take care when sending information electronically.
If a data breach is likely to cause serious harm, we will notify affected people and the Office of the Australian Information Commissioner where required under the Notifiable Data Breaches scheme.
11. Retention
We keep personal information only for as long as reasonably needed for our work, legal obligations, dispute management, insurance and legitimate business purposes. Retention periods vary by record and may be affected by real estate, trust accounting, taxation, employment and AML/CTF laws. When information is no longer required, we take reasonable steps to destroy it or de-identify it, subject to technical and legal limitations.
12. Access and correction
You may ask to access personal information we hold about you or ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading. Contact the relevant office or our Privacy Officer. We may need to verify your identity.
We will respond within a reasonable period. In some circumstances the law allows us to refuse access or correction. If that happens, we will generally give you written reasons and explain available complaint options. We do not charge for making a request, but may charge a reasonable cost for providing access where permitted by law and advised in advance.
13. Privacy complaints
If you have a privacy concern, contact our Privacy Officer using the details below and describe the issue. We will acknowledge your complaint, investigate it and aim to respond within 30 days. If we need more time, we will tell you why and provide an expected response date.
If you are not satisfied, you may complain to the Office of the Australian Information Commissioner at oaic.gov.au/privacy/privacy-complaints or by calling 1300 363 992. We encourage you to contact us first so we have an opportunity to resolve the matter.
14. Changes to this policy
We may update this policy when our practices, technology or legal obligations change. The current version will be published at xcommercial.com.au with its effective date. We recommend checking it from time to time.
15. Contact us
Privacy Officer
X Commercial
Level 10, 289 King Street, Mascot 2020
Email: hi@xcommercial.com.au
Website: xcommercial.com.au
For an office-specific matter, you may also contact the office listed at xcommercial.com.au/our-offices.