Positive OCM only collects “sensitive information” as defined in Section 6 of the Privacy Act with your consent or when Positive OCM are authorised to do so by law. Sensitive information is defined as being any information about a person’s racial or ethnic origin, political opinion, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, member of a trade union, sexual orientation or practices, criminal record, genetic information, biometric information or health information.
1. Collection and Storage of Personal Information and Data
From whom does Positive OCM collect personal information?
Where practical, Positive OCM collects personal information directly from the individual concerned and with the individual’s consent (whether in writing or verbal).
For example, Positive OCM may collect personal information:
(i) from you directly;
(ii) from records to which Positive OCM has access on behalf of your owners corporation that Positive OCM manage;
(iii) from solicitors/conveyancers;
(iv) from your rental agent (if applicable);
(v) from your insurers; and
(vi) from previous owners corporations managers;
For what purposes does Positive OCM collect personal information?
Positive OCM collects personal information for the purposes of conducting our business and in particular to perform our role in providing management services to you and your owners corporation in accordance with our agreements with the owners corporation (“the Primary Purpose”).
Personal information may be collected:
(i) from records Positive OCM hold on an owners corporation’s behalf;
(ii) during your conversations or correspondence with our staff;
(iii) when you pay for goods or services with credit cards;
(iv) when you telephone us or visit Positive OCM’s website and make an enquiry to which a later response is requested and to do so requires your contact details;
(v) when Positive OCM conducts credit checks through credit reporting bodies, various public domain databases, when Positive OCM make enquiries through Centrelink or the Titles Office;
(vi) when you ask to be included on a marketing distribution list;
(vii) otherwise when Positive OCM administers rights and obligations in accordance with owners corporation legislation and our management agreement, for example for the purpose of maintaining the owners corporation roll, to issue notices of meetings, distribute agendas and minutes of meetings, to administer levy collection, to attend to maintenance, repairs and essential services and to manage insurance related matters; and
2. Anonymity / pseudonymity
Where practicable, you have the right to interact with us anonymously or using a pseudonym. However the nature of the services Positive OCM provides is such that anonymity and pseudonymity may not always be possible or practical. If you do not provide us with the personal information Positive OCM requests or requires, Positive OCM may not be able to provide our services to you or may not be able to do so to the same standards
3. Use of Personal Information
Positive OCM may use personal information for the purpose of marketing but only where such use complies with the Privacy Law and the Australian Privacy Principles in particular.
Positive OCM uses the personal information collected from you for the purpose it was provided or collected, including in the following ways:
(a) To facilitate the purposes set out in section (1) of this policy;
(b) In our management of your owners corporation;
(c) To otherwise respond to enquiries received from you; When sending us an email from our web page, our form may ask you for your email address or contact phone number, amongst other information, to ensure that your query can be dealt with efficiently. It is your choice as to whether you provide such additional information. However, the form will indicate the information that is essential for your query to be dealt with. The information that you do provide is only used for the purposes of responding to or otherwise dealing with your query.
(d) To process, confirm, fulfil and update you about your enquiries and to carry out our obligations arising from any contracts entered into between you and POSITIVE OCM and or in our roles in connection with owners corporations;
(e) To perform authorised financial transactions with you;
(f) To communicate with you and provide you with information (whether by email, post or other means) about our products or services, where you have requested or consented to receiving this from us or where this provision is otherwise permitted under the Australian Privacy Principles;
(g) To notify you about changes to our services;
(h) To market to you, with your consent (implied or express);
(i) To receive and address feedback or complaints from you;
(j) To protect our legal interests and fulfil our regulatory obligations (if and to the extent necessary); and
(k) Where otherwise permitted or required at law.
You have the option to opt-out of receiving marketing communications from POSITIVE OCM. If you do not wish to continue to receive electronic marketing communications from us and/or selected third parties you should opt-out by clicking on the “unsubscribe” link in any email communications that Positive OCM might send you.
4. Disclosure of Personal Information
Positive OCM may provide personal information to third parties for limited purposes, such as to fulfil our role managing an owners corporation.
Those persons and business may include:
(a) Organisations who carry out credit, fraud and other security checks;
(b) Organisations who undertake marketing on our behalf;
(c) Couriers and delivery business (where Positive OCM arrange to deliver goods to you or persons you have requested us to send deliveries to); and
(d) Third party software providers who store details of customer accounts for us or who provide other IT services.
(e) External Organisations who assist with performing services on our behalf such as:
with respect to bulk mail deliveries we may utilise the services of a mailing house which requires the disclosure of your name and address.
Our relationships with such external service providers are governed by our contracts with them. Those service contracts contain privacy and confidentiality provisions which are consistent with the Australian Privacy Law obligations.
Positive OCM may also disclose your personal information to third parties outside our group of companies:
(a) Where Positive OCM have your express permission to do so;
(b) Where it can reasonably be inferred from the circumstances that you consent to the disclosure to the third parties;
(c) For the purposes for which collected as referred to in (1) above;
(d) Where required under the Owners Corporation Act 2006 and/or to ASIC;
(e) Where Positive OCM have to disclose your personal information to third parties in order that Positive OCM can provide management services to you/ your owners corporation (e.g. a contractor to the owners corporation that provides maintenance to common property adjoining your lot);
(f) To a prospective purchaser of your property who requires a certificate from us about the financial position of your lot;
(g) To allow inspection or provision of the Owners Corporation Register;
(h) If substantially all of our assets were acquired by a third party, in which case personal information which Positive OCM hold about our customers may be one of the transferred assets (subject to the same constraints on use and disclosure as under this policy); and
(i) If have a legal right and/or Positive OCM are under a duty to disclose or share your personal information including in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions; or to protect our rights, property, or safety or that of others.
Positive OCM limits the information Positive OCM provide to third parties to the information they need to help us provide or facilitate the provision of goods and services to you or your owners corporation. To the extent required by law, Positive OCM deals with third parties that are required to meet the privacy standards required by law in handling your personal information, and use your personal information only for the purposes that Positive OCM gave it to them.
5. Overseas transfer of personal information
Positive OCM do not disclose personal information to businesses located outside Australia.
6. Security of personal information
Positive OCM take all reasonable steps to protect your personal information, including internal and external security, restricting access to personal information to those who have a need to know, maintain technological products to prevent unauthorised computer access and regularly reviewing our technology to maintain security.
Once your personal information is no longer required the information is securely archived, forming historic records of the Owners Corporation or our company.
7. Questions and concerns and access to/ correction or updating of your personal information
You should ensure that the information Positive OCM hold about you is correct and up to date. You can contact us to update your personal information or let us know if information is inaccurate or incomplete.
You have a right to access the personal information Positive OCM hold about you, with some exceptions, to find out the information held and/or to correct it. To obtain a copy of the personal information Positive OCM hold about you or make a complaint about a breach of the Australian Privacy Principles, please write to us at:
The Privacy Officer
Positive Owners Corporation Management
PO Box 369
ELSTERNWICK VIC 3185
Or by email to: firstname.lastname@example.org
Please provide sufficient detail about the information in question to help us locate it. Positive OCM will then use commercially reasonable efforts to promptly determine if there is a problem and take the necessary corrective action within a reasonable time.
Positive OCM may not be able to provide you with access to personal information in some situations including where doing so may create a serious threat to life or the health of any individual, where it may constitute an unreasonable intrusion into the privacy of another, where your request is in our opinion frivolous or vexatious or where otherwise Positive OCM are permitted at law not to provide same.
Positive OCM reserves the right to recover any reasonable cost in connection with providing access to personal information except where the Privacy Act provides otherwise.