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This Policy was last updated on 01 December 2015.

Mount Barker Project Development Pty Ltd ACN 166 777 091 (“Mt Barker Developments”) and Flaxley Road Pty Ltd ACN 140 650 826 (“Flaxley Road”) have formed a joint venture partnership to offer you the Newenham property development project (“Newenham”).

Mt Barker Developments, Flaxley Road and their related entities, including (but not limited to) Burke Urban Developments Pty Ltd ACN 008 041 996 and Burke and Burke Property Pty Ltd ACN 158 262 116 and (“we”, “our” or “us”) are committed to protecting the personal information that we may hold about you. This Policy sets out our policies relating to management of your personal information. These policies are based on our obligations under the Privacy Act 1988 (Cth) (“Act”) (including Australian Privacy Principles (“APPs”).

By voluntarily supplying us with your personal information, you are agreeing to be bound by this Policy.

This Policy is periodically reviewed. Any amendments to this Policy will be notified to you by posting an updated version on our website which is located at www.newenham.com.au.

Please note that the Newenham website contains links to other websites. When a user has clicked on a link to another site, they leave the Newenham site and are no longer protected by this Policy.

Collection of personal information

The personal information we may collect about you includes:

Personal information
– contact information such as your name and address, telephone numbers, email address and date of birth;
– financial information, including bank account details and credit card details;
– business details, including Australian Business Number (“ABN”); and
– other information we may be required by law to collect to perform our services or voluntarily provided by you.

We may use “cookies” or similar technologies to collect data. A cookie is a small file, typically of letters and numbers, downloaded on to a device when you access our website. The Newenham website collects the following information from the users:
– your server address;
– your top level domain name (for example, .com, .gov, .au etc);
– the date and time of your visit to the site;
– the pages you accessed;
– the previous site you have visited; and
– the type of browser you are using.

If we receive any personal information which we have not solicited from an individual we will take such steps as are necessary to lawfully destroy or de-identify the information if we cannot establish that it could otherwise have lawfully obtained the information.

Means of collection of personal information

Your personal information may be collected in a number of ways, including:
– directly by our staff when you seek, or enquire about, our services;
– when you use our website or complete a form on our website; or
– when you apply to provide services to us.

In some circumstances, where it is unreasonable or impracticable to collect information from you, we may collect information about you from a third party source. For example, we may collect information from a publicly maintained record.

You need not provide all the information requested by us, but this may prevent us from providing some or all of our services to you.

Quality of information

Our goal is to ensure that your personal information is accurate, relevant, complete and up-to-date. To assist us with this, please contact us if any of the details you have provided change. Further, if you believe that the information we have about you is not accurate, complete or up-to-date, contact us and we will use all reasonable efforts to correct the information. We require such queries and requests to be in writing to our details provided below.

Storage and Security

Your personal information will be stored as physical files in a secured area, on our electronic data base system and on computers with appropriate back up and security systems. Any personal information which is collected via our website, or which is held on our computer systems is protected by safeguards including physical, technical (including firewalls and SSL encryption) and procedural methods.

We do not collect sensitive or financial information via our website.

We take reasonable steps to hold information securely in electronic or physical form. We are committed to keeping secure the data you provide to us and we will take all reasonable precautions to protect your personally identifiable information from loss, misuse, interference, unauthorised access or alteration.

We aim to achieve this through:
– imposing confidentiality requirements on our employees;
– implementing policies in relation to document storage security;
– implementing security measures to govern access to our systems;
– only providing access to personal information once proper identification has been given;
– controlling access to our premises; and
– implementing website protection measures.

Use, disclosure & purpose

We collect, hold and disclose your personal information for the following purposes:
– as a necessary part of providing our services to you;
– to promote and market the Newenham project, related land releases, our other projects and services to you or provide you with information that we believe may be of interest to you (unless as directed otherwise);
– carrying out community engagement in relation to projects;
– to personalise and customise your experiences with our website;
– to help us research the needs of our customers and to market our services with a better understanding of your needs and the needs of customers generally;
– to allow us to provide advertising material to you regarding us, our clients, and other business partners (unless as directed otherwise); and
other purposes related to any of the above.

We have a duty to keep your personal information confidential. Our duty of confidentiality applies except where we have consent to disclose your information or the disclosure is permitted under or compelled by law.

We will only use your information for the purposes for which it was collected (“primary purposes”) or a purpose related to the primary purpose, if this use would be reasonably expected by you, or otherwise, with your consent.

We may disclose your information to necessary third parties, who assist us to provide, manage and administer our goods and services. Information provided to third parties will be dealt with in accordance with that entity’s privacy policy. People we may disclose your information to include:
related entities;
– third parties that provide goods and services to us or through us;
– third party service providers, such as marketing and digital agencies, who may send communications to you on our behalf;
– our website host or software application providers;
– contractors performing services for us (including builders, real estate agents, property valuers, consultants, solicitors and package providers); and
third parties involved in the development of our projects;

We do not disclose your personal information to overseas recipients.

Quality, access to & correction of information

You are entitled to have access to and seek correction of any personal information that we may hold about you. We require that requests for access to or to update or correct your personal information to be in writing outlining the details of your request. Such requests should be addressed to us via the details provided in this Policy.

We will take appropriate steps to verify your identity (or verify that you act as a legal guardian or authorised agent of the individual concerned) before granting a request to access your personal information.

We will respond to your request for access to your personal information within a reasonable time after you make the request and if access is granted, access will be provided within 30 days from your request. We will, on request, provide you with access to your personal information or update or correct your personal information, unless we are lawfully excluded from granting your request, including if:
– giving access would be unlawful;
– we are required or authorised by law or a court/tribunal order to deny access; or
– giving access is likely to prejudice one or more enforcement related activities conducted by an enforcement body.

Where your request for access is accepted, we will provide you with access to your personal information in a manner, as requested by you, providing it is reasonable to do so.
Your request for correction will be dealt with within 30 days, or such longer period as agreed by you. If we deny your request, we will provide you with a written notice detailing reasons for the refusal and the process for making a complaint about the refusal to grant your request.

We will accept your request for correction of your personal information where we are satisfied that it is inaccurate, out-of-date, incomplete, irrelevant or misleading.
Upon accepting a request for correction of your personal information, we will take all steps that are reasonable in the circumstances, having regard to the purpose for which your information is held, to correct your personal information.

Dealing with us anonymously

Where lawful and practicable to do so, you can deal with us anonymously or using a pseudonym. You can deal with us anonymously or using a pseudonym when making a general enquiry about the goods and services that we can offer to you including via telephone or on our website.

Complaints

If you believe that we have breached a term of this Policy of any of the APPs you may submit a written complaint. The written complaint can be emailed or posted to us using the contact details set out below. You must include contact details for us to contact you regarding your complaint.
We will consider your complaint and respond as soon as reasonably possible, but not more than 30 days from receiving the complaint.
If you still remain unsatisfied with the outcome, you may refer your complaint to the Office of the Australian Information Commissioner to be resolved.

Contact us

If you wish to:
– gain access to your personal information;
– make a complaint about a breach of your privacy;
– contact us with a query about how your information is collected or used; or
– contact us regarding any other matter concerning this Policy,
you can speak directly with our staff who will do their best to try to resolve your issue as simply as possible. Alternatively, you can write to us or send us an email so that we can consider the matter. We will respond to you as soon as reasonably possible.

If you do not wish to receive direct marketing from us regarding the Newnham project or any other project, please contact us via the details below. Our contact details are as follows:
Phone: (08) 8210 7660

Postal address: 21 Franklin Street, Adelaide, SA, 5000
For more information on privacy, see the Office of the Australian Information Commissioner’s website at: http://www.oaic.gov.au.