Privacy Policy

Lay2 Real Estate is committed to complying with its obligations under the Privacy Act 1988 and the associated Australian Privacy Principles (‘APPs’).

Application of APPs to LAY2 Real Estate

As an organization with an annual turnover of more than $3 million, or because LAY2 Real Estate derives a benefit, service or advantage from the collection or disclosure of information and opinions about individuals whose identity is apparent or can be ascertained, it is bound by the APPs.

LAY2 Real Estate does not collect personal information unless it is reasonably necessary for, or directly related to, one or more of its functions or activities.

Contacting LAY2 Real Estate regarding privacy matters

LAY2 Real Estate, through its privacy officer, can provide further details of the extent to which the agency is required to comply with the APPs should an individual inquiry.

Alternatively, details of the agency’s obligations under Australia’s privacy laws can be obtained from the Office of the Australian Information Commissioner (‘the Commissioner’) or by reference to the APPs and the Commissioner’s associated guidelines at

Inquiries can also be directed to:
The Privacy Officer, LAY2 Real Estate
2 King William Street Bayswater WA 6053
Tel: (08) 9371 1000
Email: [email protected]

Information held by LAY2 Real Estate

Types of personal information held by the agency include the following;

An individual’s name, email address, residential and mail addresses and other contact details, as well as their gender, occupation and other personal details provided by them to the agency or its service providers in acquiring, using or subscribing to the agency’s services.
Financial information, such as details of assets and liabilities, income and expenses, credit reference information and credit card/banking details.
Property valuations/appraisals and details of properties obtained by the agency in order to create, analyze and/or assess such appraisals.
Databases of sales of comparable properties and/or businesses, in order to appraise the value of a particular property or business, which information may assist in the marketing of that property or business.
Information used with respect to the marketing, sale and/or leasing of properties and/or businesses.
Information from buyers, sellers, lessors and/or tenants and potential buyers, sellers, lessors and/or tenants of properties and/or businesses.
Details of properties, owners and tenants that can be used to manage the leasing of both commercial and residential properties.
References associated with tenancy applications.
Photographic identification.
Data obtained from third parties regarding lease applicants’ rental histories.
Data obtained from third parties for use when marketing, selling and/or leasing properties and businesses.
Ways in which LAY2 Real Estate collects personal information

The Real Estate agency “Lay2 Real Estate” collects personal information in the following ways and in the following circumstances;

Wherever practicable, from the individual to whom the information relates.
From individuals, agents and representatives (for example, lawyers, settlement agents, accountants, financial advisers, and banks).
From buyers, sellers, lessors, tenants or other users of the agency’s services or, alternatively, from potential users of those services.
Via the agency’s website.
Through information in the public domain (for example, via social media, local councils, Land-gate, the telephone white pages, and Internet records).
When required by virtue of legal or regulatory requirements (for example, the provisions of the Real Estate and Business Agents Act 1978).
When individuals participate in competitions or surveys conducted by the agency (or third parties on behalf of the agency), including, but not limited to, surveys relating to the quality of services provided by the agency and surveys relating to real estate matters.
From databases kept by third parties regarding individuals’ rental histories.
From other real estate agents (for example, when the agency is involved in a conjunctional sale of land or acts for a buyer in a transaction).
From Persons attending Home Opens that Lay2 Real Estate may hold on behalf of homeowners re properties listed for sale, rent or lease.
The primary purposes for which LAY2 Real Estate holds information

The agency holds the types of information referred to above in order to provide services to its clients, buyers, sellers, lessors, and tenants, to market its provision of those services and to conduct its business. In particular, the agency collects information with respect to the following;

Its services in relation to the sale and/or leasing of properties and/or businesses.
Its advice to clients and prospective clients on real estate and/or business matters.
Its assistance to clients (using data from Land-gate) in valuing, selling and/or leasing properties and/or businesses.
Its assessment of applications for residential and commercial tenancies.
Its marketing of the agency’s services.
Its advice to clients in respect of additional information/services – supplied by the agency itself or third parties – that may be of interest to them.
Its provision of details to contractors when their services are necessary to the conduct of the agency’s business.
Efficient management of its business.
Its delivery of services via the Internet.
Its provision of information to the Real Estate Institute of Western Australia (Inc.) and other providers of Internet real estate services that enable it to market properties, promote its services and conduct business via the Internet.
Its collection of data for research and statistical purposes.
Disclosure of personal information to overseas recipients

It is likely that the agency would disclose personal information to overseas recipients (relating, for example, to data storage services) if that disclosure was consistent with the purposes set out above.

LAY2 Real Estate’s right to gain access to personal information and its complaints handling processes

Information about an individual obtained by the agency is stored in a reasonable state of security.

Pursuant to the APPs, individuals have certain rights with respect to obtaining access to personal information about themselves that is held by the agency.

Subject to the relevant exemptions contained in the APPs (and subject to an individual providing sufficient proof of his or her identity), LAY2 Real Estate will grant individual access to information it holds with respect to that person. LAY2 Real Estate reserves the right to charge a fee for the provision of this information, based on the administrative cost of supplying the information requested.

Further details of these costs and an individual’s ability to access information held by the agency can be obtained by contacting the agency’s privacy officer. For the purposes of clarity, LAY2 Real Estate requires that any requests for access to personal information be made in writing to its privacy officer. Contact details are as follows.

The Privacy Officer, LAY2 Real Estate
2 King William Street Bayswater WA 6053
Email: [email protected]

In general, LAY2 Real Estate will facilitate an individual’s access to information by providing him or her with copies of the relevant documents. Where, for reasons of volume or otherwise, this is not practical, the agency will arrange for the individual concerned to attend at its offices and carry out a physical inspection.

Wherever possible, the agency will provide copies of documents or access to the information it holds with respect to an individual within 14 days of receipt of the request. Where requests are more complex, the agency will endeavor to provide access to the relevant information within 30 days of receipt of the request.

If an individual believes that information held by the agency in relation to him or her is incorrect, then he or she is entitled to contact the agency’s privacy officer and request that the information is amended.

Should the agency believe it is entitled to refuse a request to access or amend such information, it will provide written reasons for its decision.

If an individual is dissatisfied with the manner in which LAY2 Real Estate deals with his or her personal information, or should an individual wish to make a complaint regarding the agency’s compliance with the privacy laws, then he or she should, in the first instance, contact the agency’s privacy officer in writing. Letters should be addressed as follows.

The Privacy Officer, LAY2 Real Estate
2 King William Street, Bayswater WA 6053
[email protected]

Further information

Should an individual wish to obtain further information with respect to the type of personal information LAY2 Real Estate holds, the purposes for which the agency uses that information and or the way in which it manages that information, then he or she should contact the agency’s privacy officer in writing.

Changes to LAY2 Real Estate’s privacy policy

This document outlines the agency’s current privacy policy. The policy will be reviewed from time to time and maintained in an up‐to‐date format. Any changes to the policy will be posted on the relevant section of the agency’s website.