The following “Terms and Conditions” are applicable to the incentive and must be satisfied by the Buyer:
Discounts are subject to review and may change without notice.
The Buyer acknowledges the Seller and its Agents are not responsible for any exchange or other assignable liability regarding this offer. The offer excludes resale lots, lots not listed for sale on The Orchard NQ Stage 1 and Stage 8 Estate Pricelist.
Elementsnq Pty Ltd reserves the right to vary the terms and conditions of the offer in its absolute discretion.
Pricelists are subject to review and may change without notice.
*Settle/Settlement refers to the time when final payment has been made and you will take legal possession of the property.
**Land refers to all current available Lots within The Orchard Stage 1 and Stage 8 Pricelist during the Referral Promotional time frame.
***Under Contract means that a binding agreement exists between a buyer and a seller involving property. The buyer and the seller have agreed on a price and any other relevant terms. When a property is under contract, the seller may not enter into a contract with any other buyer.
You have come through to this page from a website or app which is published by ELEMENTSNQ PTY LTD Holdings Australia Limited (ABN 26 123 216 137) P.O. BOX 207 BALMAIN NSW 2041 (ELEMENTSNQ PTY LTD) or one of its subsidiaries.
- what is considered personal information;
- what personal information we collect and hold;
- how we collect, hold, use or disclose personal information;
- the purposes for which we collect personal information;
- what happens if we are not able to collect personal information;
- how to seek access to and correct your personal information;
- whether we disclose personal information outside Australia; and
- how to contact us.
What is Personal Information
What Personal Information Do We Collect and Hold?
We may collect the following types of personal information;
- mailing or street address;
- email address;
- telephone number;
- details of the products and services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
- any additional information relating to you that you provide to us directly through our network or indirectly through use of our network or online presence through our representatives or otherwise;
We may also collect anonymous data (which is not personal information) relating to your activity on our websites (including IP addresses) via cookies, or we may collect information from you in response to a survey. We generally use this information to report statistics, analyse trends, administer our services, diagnose problems and target and improve the quality of our products and services. To the extent this information does not constitute personal information because it does not identify you or anyone else, the Australian Privacy Principles do not apply, and we may use this information for any purpose and by any means whatsoever.
How We Collect Personal Information
We collect your personal information directly from you unless it is unreasonable or impractical to do so. We do this in ways including:
- through your access and use of our network or sending SMS/MMS to us;
- during conversations between you and our representatives;
- when you complete an application or make a listing enquiry; and
- data sharing between our related bodies corporate, partnerships and joint venture entities.
We may also collect personal information from third parties including:
- third party companies such as credit reporting agencies, law enforcement agencies and other government entities;
- contractors and business partners; and/or
- through someone else who has provided us with your information (e.g. a real estate agent or a friend referral).
Why Do We Collect, Hold, Use and Disclose Personal Information
The primary purpose for which we collect information about you is to enable us to perform our business activities and functions and to provide best possible quality of customer experience. We collect, hold, use and disclose your personal information for the following purposes:
- to provide products and services to you;
- to provide you with news, information or advice about our existing and new products and services;
- to communicate with you, including but not limited to, by email, mail, SMS or telephone;
- to manage and enhance our products and services;
- to personalise and customise your experience;
- to provide you with access to protected areas of our websites;
- to conduct competitions or promotions on behalf ELEMENTSNQ PTY LTD Group and selected third parties;
- to verify your identity;
- to provide as part of business data to third parties if you have authorised us to do so;
- to conduct business processing functions for operation of our websites or our business;
- for our administrative, marketing (including direct marketing), promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers;
- to provide your updated personal information to us, our contractors or external service providers;
- to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; and/or
- as required or permitted by any law (including the Privacy Act).
What Happens if We can’t Collect Your Personal Information?
- we may not be able to provide you with the products or services you requested, either to the same standard, or at all (for example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members only);
- we may not be able to provide you with information about products and services that you may want, including information about discounts sales or special promotions; or
- we may be unable to tailor the content of our network to your preferences and your experience of our network may not be as enjoyable or useful.
How Do We Disclose Your Personal Information?
We may disclose your personal information to:
- our employees, related bodies corporate, partnerships, joint venture entities, contractors or external service providers for the operation of our network or our business, fulfilling requests by you, and otherwise provide products and services to you, including without limitation, web hosting providers, IT systems administrators, payment processors, photographic analysers, data entry service providers, electronic network administrators, and professional advisers
- our existing or potential agents and/or business partners;
- specific third parties authorised by you to receive information held by us;
- the police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator, for example, if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary; or
- as required or permitted by any law (including the Privacy Act).
Direct Marketing Materials
We may send you direct marketing communications and information about products and services that we consider may be of interest to you. These communications may be sent in various forms, including mail, SMS or email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
In addition, at any time, you may opt-out of receiving marketing communications from us by contacting us (details below) or by using the opt-out facilities provided (e.g.an unsubscribe link), or by updating your personal details on our “MyAccount” webpage. We will then ensure that your name is removed from our mailing list. We do not provide your personal information to other organisations for the purpose of direct marketing unless expressly authorised by you.
Accessing and Correcting Your Personal Information
You may request access to any personal information we hold about you at any time by contacting us (details below). Where we hold information that you are entitled to access, we will try and provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We will not charge for simply making a request and will not charge for making any corrections to your personal information. If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that personal information, we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it.
Members of our websites will generally be able to access and update their membership details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
How You can Complain about a Breach of Privacy
We have a formal procedure for investigating and dealing with privacy breaches. Once the Privacy Officer receives a complaint, whether it is in writing or verbal means, the Privacy Officer will commence an investigation with the relevant business unit from which the alleged breach stemmed. The investigator will endeavour to determine the nature of the breach and how it occurred. We may contact you during the process to seek further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.
We will treat your requests or complaints confidentially. Our representatives will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. We will aim to ensure that your complaint is resolved in a timely and appropriate manner.
Please contact our Privacy Officer at:
ELEMENTSNQ PTY LTD
P.O. BOX 207
BALMAIN NSW 2041
Disclosure of Personal Information Outside Australia
We may disclose personal information to our related bodies corporate, partnerships, joint venture entities and external service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
We may disclose your personal information to entities located outside of Australia, including the following:
- our data hosting and Cloud-based IT service providers;
- other external service providers located in the Philippines and U.S.; and
If the European General Data Protection Regulation (GDPR) applies in respect of any of the personal information we collect, for the purposes of such applicable data protection laws, we are the controller.
In some instances, we may combine other information with personal information. If other information is combined with personal information or is used to build a profile of an individual (in a way which could be reasonably used to identify that individual), the combined information will be treated by us as personal information for so long as it remains combined.
If you are a resident in the EEA, you have the following rights in relation to your personal information (where applicable):
(a) Access. As provided by applicable data protection law, you have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, to request access to the personal data. This access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of the personal data undergoing processing free of charge. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
(b) Rectification. As provided by applicable data protection law, you have the right to have incomplete or inaccurate personal information that we process about you rectified.
(c) Deletion. As provided by applicable data protection law, you have the right to request that we delete personal information that we process about you, except we are not obliged to do so if we need to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims or if other statutory restrictions apply.
(d) Restriction. Depending on the circumstances and as provided by applicable data protection law, you have the right to restrict our processing of your personal information where you believe such data to be inaccurate; our processing is unlawful; or that we no longer need to process such data for a particular purpose or where other legal grounds to request restriction apply unless we are not able to delete the data due to a legal or other obligation or because you do not wish for us to delete it or because other statutory restrictions apply.
(e) Portability. Depending on the circumstances and as provided by applicable data protection law, you have the right to obtain personal information we hold about you, in a structured, electronic format, and to transmit such data to you or another data controller, where this is (i) personal information which you have provided to us, and (ii) if we are processing that data on the basis of your consent or to perform a contract with you.
(f) Objection. Under certain circumstances, you have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we are required to no longer process your personal data. Such right to object especially applies if we collect and process your personal data for profiling purposes in order to better understand your interests in our products and services or for certain types of direct marketing. If you have a right to object and if you exercise this right, your personal data will no longer be processed for such purposes by us. You may exercise this right by contacting the Privacy Officer. Such a right to object may, in particular, not exist if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.
(g) Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can withdraw your consent by sending your request to the Privacy Officer.
You can make a request to exercise any of these rights in relation to your personal information by sending the request to the Privacy Officer on the contact details provided above.
You may use the website without providing any personal data about you. In this case, we will collect metadata that results from your usage of the website including: browser type and version, operating system and interface, website from which you are visiting us (referrer URL), webpage(s) you are visiting on our website, date and time of accessing our website, and internet protocol (IP) address. The metadata will be used to improve the quality and services of our website and services by analysing the usage behaviour of our users in anonymised form and to prevent fraud, misuse of our IT systems, as well as to ensure physical, IT and network security. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
If you have a complaint and you are based in, or the issue you would like to complain about took place in the EEA, please click here for a list of local data protection authorities in EEA countries.
Your personal data will be retained as long as necessary to provide you with the services and products requested. Once you have deleted your account or otherwise ended your relationship with us, we will remove your personal data from our systems and records and/or take steps to properly anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which ELEMENTSNQ PTY LTD Group is subject e.g. taxation purposes).
Personal data will in principle be deleted 10 years after the last interaction and business contact between you and ELEMENTSNQ PTY LTD Group. However, we will retain your contact details and interests in our products or services for a longer period of time if ELEMENTSNQ PTY LTD Group is allowed to send you marketing materials. Also, we typically delete contracts, communications, and business letters, including any personal data contained therein, 10 years after their termination or creation, as such data may be subject to statutory retention requirements, which often require retention of up to 10 years.
We may also retain your personal data after the termination of the contractual relationship if your personal data are necessary to comply with other applicable laws or if we need your personal data to establish, exercise or defend a legal claim, on a need to know basis only. To the extent possible, we will restrict the processing of your personal data for such limited purposes after the termination of the contractual relationship.
We will take all reasonable steps to protect the personal information that we hold from misuse, loss or unauthorised access, including by means of firewalls, password access, secure servers and encryption of credit card transactions.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.