Privacy Policy
(last update 11 July 2026 previous updates 3 Jul 2026, 9 Jan 2026 & December 2025)
Nelson Bay Real Estate Pty Ltd
ACN 001 980 016 / ABN 59 001 980 016
trading as Nelson Bay Real Estate
45 Donald Street, Nelson Bay NSW 2315
PO Box 299, Nelson Bay NSW 2315
Phone: (02) 4981 2655
Email: mail@nelsonbayrealestate.com.au
Website: www.nelsonbayrealestate.com.au
Nelson Bay Real Estate Pty Ltd, trading as Nelson Bay Real Estate, is committed to complying with its obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
The Privacy Act 1988 (Cth) allows personal information to be collected, used and disclosed for the purposes for which it was collected, and otherwise in accordance with that Act.
This Website Privacy Policy applies to personal information we collect, use or disclose in connection with this website and to electronic identity verification and AML/CTF compliance processes conducted by us, or on our behalf, through linked or third-party platforms.
We also have a broader Privacy Policy and Collection Notice which applies to personal information collected in the course of our real estate agency business, including sales, property management, leasing, appraisals, open homes, tenancy applications, property enquiries and compliance obligations. A copy of that policy is available on our website or by contacting our Privacy Officer.
This Website Privacy Policy may be revised, updated or replaced from time to time. We may notify users of any changes by posting the revised, updated or replaced Website Privacy Policy on this website. Any changes take effect on the date on which the revised, updated or replaced Website Privacy Policy is posted to this website.
What information do we collect?
We may collect personal information including, but not limited to:
- names, addresses, phone numbers and email addresses;
- identification details where required by law;
- property ownership and transaction details;
- information provided when making enquiries, requesting appraisals, attending open homes or entering into agreements;
- marketing preferences;
- tenancy, leasing or purchase application information; and
- website usage information, including through cookies, pixels and similar tracking technologies.
We generally collect personal information directly from you, but may also collect it from third parties such as solicitors, conveyancers, financial institutions, government bodies, service providers, real estate portals, publicly available sources or other parties where lawful.
We may collect personal information when you use our website, submit an online enquiry, request an appraisal, register for an inspection, request property information, make an enquiry about buying, selling, leasing or renting a property, subscribe to updates, communicate with us by email, phone, text message, social media or online forms, or otherwise interact with us.
We may also collect personal information through real estate portals, customer relationship management systems, property management software, tenancy application platforms, electronic signing platforms, identity verification and AML/CTF compliance providers, advertising platforms, website analytics tools, contractors, service providers and other systems used in the ordinary operation of our real estate agency business.
We hold personal information electronically and, where required, in paper files. This may include storage in our office systems, cloud-based systems, archived records, email systems, property management systems, sales systems and other secure business platforms.
Why do we collect this information?
We collect, hold, use and disclose personal information for purposes connected with operating our real estate agency business, including to:
- respond to enquiries and requests made through this website;
- provide real estate sales, property management, leasing, appraisal and related services;
- arrange property inspections, appraisals, open homes and appointments;
- communicate with owners, vendors, purchasers, tenants, prospective buyers and tenants, landlords, contractors and other parties;
- assess and process tenancy, leasing, purchase and service enquiries or applications;
- verify identity, ownership, authority to act and other information where required;
- comply with legal, regulatory, professional, trust accounting, record keeping, privacy, AML/CTF and other compliance obligations;
- maintain and update our business records;
- manage complaints, disputes, enquiries and customer service matters;
- improve our website, services, systems, marketing and communications;
- send property alerts, updates, marketing material or other information where permitted, unless you have opted out; and
- protect our lawful interests, including fraud prevention, cyber security, safety, debt recovery and enforcement of our rights.
Automated Decision Making
At the date of this Website Privacy Policy, we do not use automated decision making on this website to make decisions, or to do things substantially and directly related to making decisions, that could reasonably be expected to significantly affect the rights or interests of an individual.
We may use software systems to assist us to collect, organise, verify, review or present information, but material decisions are reviewed and made by our staff, our clients or other relevant parties rather than being made solely by automated computer programs.
Information disclosed
We will use and disclose personal information only for the purposes for which it is collected and in accordance with the Privacy Act 1988 (Cth), including:
- providing services and customer support, including service updates;
- maintaining and updating our records;
- comparing information for accuracy and verifying it with third parties; and
- providing information as authorised or required by law, a relevant government body, regulator, court, tribunal or authority.
Depending on the circumstances, we may disclose personal information to vendors, purchasers, landlords, tenants, prospective buyers or tenants, property owners, contractors, tradespeople, strata managers, building and pest inspectors, valuers, photographers, solicitors, conveyancers, mortgage brokers, financial institutions, insurers, debt collection agencies, government agencies, regulators, courts, tribunals, real estate portals, IT providers, cloud storage providers, identity verification providers, AML/CTF compliance providers, marketing providers and other service providers who assist us to operate our business or provide our services.
Overseas disclosure
We may disclose personal information to overseas recipients, or store, process or access personal information using systems that may be located overseas, where this occurs through our use of cloud storage, website hosting, email, IT support, customer relationship management systems, property management systems, real estate portals, identity verification services, AML/CTF compliance services, analytics tools, marketing platforms or other service providers.
As electronic or networked storage can be accessed from various countries through an internet connection, it is not always practical to know in which country information about an individual may be held.
To the extent that we can identify the countries in which personal information may be stored, processed or accessed, they may include:
- Australia;
- United States;
- Singapore;
- countries within the European Union; and
- any other country in which our service providers, their related bodies corporate or approved subcontractors store, process or access information from time to time.
Please note that in some cases, countries to which we transfer information may not have laws or binding schemes that have the effect of protecting your information in a way that overall is at least substantially similar to the way in which the Australian Privacy Principles protect your information, and there may not be any mechanism or binding scheme that you can access to take action to enforce legal protections.
Anonymity and pseudonyms
General users of the website do not need to disclose their identity to us in order to use this website. This website does not, therefore, collect personal information about people who generally access it except in the circumstances described in this Website Privacy Policy.
Please note that we may not be able to provide you with some or all of our services if you are anonymous or use a pseudonym.
Cookies and website tracking
A cookie is an electronic token that is passed to the user’s browser, which passes it back to the server whenever a page is sent to the user. Our servers may generate cookies which are used to keep track of the pages that users have accessed while using the website.
Cookies may also allow data to be inputted into a form or template and temporarily stored until the user chooses to save or submit that form or template. Cookies generally remain on the user’s computer even after an internet session is ended and the computer is rebooted. The cookie can be read by the server that placed it there during a subsequent visit to that same server. The exact behaviour of cookies is server specific.
When users visit this website, our server may log certain information, including the type of browser and operating system the user is using, the top level domain name, the address of the referring site, the server’s IP address, the date and time of visit, the address of the pages accessed and documents downloaded. This information is generally used for internal statistical analysis, website improvement, security and system administration purposes.
We may also use cookies, pixels, analytics tools and similar technologies provided by third parties, such as website analytics providers, advertising platforms or other service providers, to help us understand how visitors use our website, measure the effectiveness of our advertising and improve our services.
Users can usually configure their browser to accept, reject or delete cookies. However, some parts of this website may not function properly if cookies are disabled.
Any other information supplied to us, for example if a user sends an email, submits an enquiry, completes an online form or enters any personal information into our website, is treated in accordance with this Website Privacy Policy.
Information security
We take reasonable steps to protect all information which we hold, including personal information, from misuse, interference, loss, unauthorised access, modification or disclosure.
We may store information about you in cloud or other types of networked or electronic storage. As electronic or networked storage can be accessed from various countries through an internet connection, it is not always practical to know in which country personal information about you may be held.
Where appropriate, we use secure transmission facilities and other reasonable security measures. However, no transmission of information over the internet can be guaranteed to be completely secure and we do not warrant the security of any information transmitted to us over the internet.
Links to other websites
This website may contain links to other websites. We are not responsible for the privacy practices or the content of those websites. This Website Privacy Policy does not extend to those linked websites.
Marketing and opt-out
We may use the information, including personal information but excluding sensitive information, provided by users of this website for marketing and research purposes, to analyse and improve our products, benefits and services and to inform users of products, services and benefits provided by us, our related entities, suppliers or sponsors which we consider may be of value or interest to users, unless the user tells us, or has previously told us, not to.
If a user does not wish to receive any information about such products, services and benefits, they can contact the Privacy Officer using the details below. We will not use your sensitive information for these purposes without your consent.
Accessing and correcting your personal information
Users of the website whose personal information we collect, use or disclose have the right to request access to personal information held by us which relates to them, unless we are permitted to withhold that information.
We may charge a reasonable fee where access to personal information is provided. Any requests for access to a user’s personal information should be made in writing to the Privacy Officer using the details below.
A user also has the right to request the correction of any personal information which relates to them that is inaccurate, incomplete, irrelevant, misleading or out of date.
AML/CTF Compliance and Electronic Identity Verification
As part of providing our real estate agency services, we may be required or authorised to verify the identity of clients, customers, beneficial owners, representatives and other relevant persons. We may do this to meet our legal and regulatory obligations, including obligations relating to anti-money laundering and counter-terrorism financing (AML/CTF), customer due diligence, fraud prevention, record keeping and reporting.
Information collected for identity verification
For identity verification and related compliance purposes, we may collect, hold, use and disclose information including:
- your full name;
- date and place of birth;
- residential or business address;
- email address and telephone number;
- information contained in government-issued identification documents, including a driver licence, passport, Medicare card, birth certificate, citizenship certificate, visa, ImmiCard or other identification document;
- identification document numbers, issue dates, expiry dates and issuing authorities;
- information about your occupation, business activities, source of funds, source of wealth, beneficial ownership, authority to act or relationship to another person or entity;
- information relevant to sanctions, politically exposed person and other compliance screening;
- a photograph, facial image, short video or other biometric information used for identity verification, facial matching or liveness checking;
- the results of identity verification, screening and compliance checks; and
- any other information reasonably necessary for us to meet our legal and regulatory obligations.
We only collect information that is reasonably necessary for our business activities or that we are required or authorised to collect by law.
Identity verification providers
We may use third-party technology and compliance providers to assist us with identity verification and AML/CTF compliance. These providers may include:
- AMLHUB Australia Pty Ltd and its associated entities;
- APLYiD Pty Ltd, ABN 36 632 866 794;
- their authorised related entities, contractors, sub-processors and service providers;
- government departments, agencies and official record holders;
- screening, fraud prevention, technology, data hosting and security providers; and
- other identity verification or AML/CTF compliance providers engaged by us from time to time.
These providers may collect, process, store or disclose personal information on our behalf only as necessary to provide identity verification and AML/CTF compliance services, comply with applicable laws or carry out related security and fraud-prevention activities.
We do not sell personal information.
Document Verification Service
We may use electronic identity verification services, including the Australian Government’s Document Verification Service (DVS).
Where you have provided the required consent, information such as your name, date of birth and identity document details may be securely submitted to the relevant Commonwealth, State or Territory authority or other authorised record holder that issued or administers the document.
This may include the Department of Home Affairs, passport authorities, State or Territory driver licensing authorities, Births, Deaths and Marriages registries or other authorised government record holders.
The relevant authority checks whether the information provided matches the information contained in its records. We generally receive a match or no-match response rather than a copy of the government record.
The DVS checks biographical and document information. It does not itself undertake facial-image comparison. Any facial matching or liveness check is a separate part of the electronic identity verification process conducted by an authorised identity verification provider.
Further information about Australian Government identity verification services is available at idmatch.gov.au.
Biometric information
As part of electronic identity verification, we or our authorised providers may collect biometric information, such as a photograph, facial image or short video.
This information may be used to:
- confirm that you are a real person and physically present during the verification process;
- perform a liveness or anti-fraud check;
- compare your facial image with the photograph appearing on an identification document;
- reduce the risk of identity theft, impersonation, fraud or the use of false or stolen identification; and
- meet identity verification and related AML/CTF compliance requirements.
Biometric information is treated as sensitive information under the Privacy Act 1988 (Cth). We will only collect and use biometric information where permitted by law and with your consent, unless another lawful basis applies.
Biometric information will not be used by us for direct marketing.
Consent
Before an electronic identity verification process requiring express consent is commenced, you will be asked to provide clear and specific consent to the relevant collection, use and disclosure of your information.
Depending on the verification being undertaken, this may include consent to:
- the collection, use and disclosure of your personal information for identity verification, AML/CTF and related compliance purposes;
- your identification information being checked against government or official records through the DVS;
- the collection and use of a photograph, facial image, short video or other biometric information for liveness checking and identity verification;
- your information being disclosed to AMLHUB, APLYiD and their authorised service providers and sub-processors; and
- the storage and retention of verification records for the periods required or authorised by law.
Your consent must be informed, voluntary, current and specific. You may withdraw your consent for future consent-based processing by contacting our Privacy Officer.
Withdrawal of consent does not affect processing already lawfully undertaken. It also does not require us or our service providers to destroy information that we are required or authorised to retain by law, including AML/CTF compliance and record-keeping requirements.
The general acceptance of this Privacy Policy is not intended to replace any separate express consent required for a DVS check, biometric information or another electronic identity verification process.
If electronic verification is not completed
You are not required to agree to electronic or biometric identity verification where another suitable verification method is available.
If you do not consent, withdraw your consent or do not provide the information reasonably required, we may need to verify your identity using another method. This may involve asking you to provide original or certified identification documents or to complete an in-person verification process.
Where we cannot satisfactorily verify your identity or complete legally required customer due diligence, we may be unable to commence or continue providing some or all of our services.
Disclosure, security and retention
Information collected for identity verification and AML/CTF purposes may be disclosed to our staff and authorised representatives on a need-to-know basis, our identity verification and compliance providers, government authorities, regulators, law enforcement agencies, professional advisers and other recipients where required or authorised by law.
We and our service providers take reasonable steps to protect personal and biometric information against misuse, interference, loss and unauthorised access, modification or disclosure. These measures may include secure systems, access controls, audit records, encryption and secure transmission arrangements where appropriate.
Some providers or their authorised sub-processors may store, process or access information outside Australia. Further information is contained in the “Overseas disclosure” section of this Privacy Policy.
We retain identity verification and AML/CTF compliance information only for as long as reasonably necessary for the purposes for which it was collected or for the period required or authorised by law. When information is no longer required to be retained, we will take reasonable steps to securely destroy or de-identify it.
Requests concerning access, correction, withdrawal of consent or the handling of identity verification information can be directed to our Privacy Officer using the contact details set out below.
Privacy enquiries and complaints
If a user requires any further information about our management of personal information, or has any queries, concerns or complaints, they should contact:
The Privacy Officer
Nelson Bay Real Estate Pty Ltd
PO Box 299
Nelson Bay NSW 2315
Phone: (02) 4981 2655
Email: mail@nelsonbayrealestate.com.au
We will consider and respond to privacy enquiries or complaints within a reasonable time.
The Office of the Australian Information Commissioner can be contacted as follows:
Phone enquiries: 1300 363 992
Online enquiries: OAIC enquiry form
Post: GPO Box 5288, Sydney NSW 2001
Fax: +61 2 9284 9666
Acceptance of this Website Privacy Policy
By using this website, accessing any of our products, services or features, the user acknowledges that they have read, understood and accepted this Website Privacy Policy and the permissions to collect, use and disclose personal information.
The user authorises us to collect, use and disclose, in accordance with the Privacy Act 1988 (Cth), their personal information for the purposes specified in this Website Privacy Policy.
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