PRIVACY POLICY

CAN Estate Agents Pty Ltd
ABN 18 602 104 361
Trading as CAN Estate Agents & Strata Management

Effective date: 12 July 2026
Version: 1.0

 

1. Introduction

 

CAN Estate Agents Pty Ltd, trading as CAN Estate Agents & Strata Management (“CAN”, “we”, “us” or “our”), respects your privacy and is committed to protecting the personal information entrusted to us.

 

This Privacy Policy explains how we collect, hold, use, disclose, protect and dispose of personal information in connection with our real estate and owners corporation services.

 

We aim to handle personal information in accordance with:

the Privacy Act 1988 (Cth) and the Australian Privacy Principles, where applicable;

the Residential Tenancies Act 1997 (Vic);

the Estate Agents Act 1980 (Vic);

the Owners Corporations Act 2006 (Vic);

the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), where applicable;

the Spam Act 2003 (Cth); and

other applicable Australian and Victorian laws.

 

Where the Privacy Act does not legally apply to a particular activity, we will nevertheless endeavour to handle personal information consistently with the principles set out in this policy.

 

2. Scope of this policy

 

This policy applies to personal information we handle in connection with:

 

residential and commercial property sales;

residential and commercial property management;

residential rental applications and rental agreements;

owners corporation and strata management;

property appraisals, auctions, inspections and marketing;

maintenance, repair and contractor coordination;

trust accounting and financial administration;

dispute resolution, insurance, VCAT and court proceedings;

employment and contractor engagement;

our websites, online forms, email, telephone, social media and other digital services; and

compliance with identity verification, anti-money laundering and other regulatory requirements.

 

3. What is personal information?

 

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable.

 

Depending on the nature of our relationship with you, the personal information we collect may include:

your name, address, telephone number and email address;

date of birth and signature;

driver licence, passport, proof-of-age card or other identity information;

residential, rental and property ownership history;

employment, income and financial capacity information;

bank account and payment information;

rental ledgers, bond information and payment records;

property ownership, title, mortgage and transaction information;

details of companies, trusts, partnerships, beneficial owners, directors and authorised representatives;

references and referee contact details;

correspondence, complaints, maintenance requests and file notes;

photographs, video, audio, CCTV footage and inspection records;

information about occupants, emergency contacts, guarantors and representatives;

IP addresses, device information, website usage information and cookie data;

professional licences, qualifications and employment information; and

any other information reasonably necessary to provide our services or comply with the law.

 

We may also receive sensitive information, such as information concerning health, disability, accessibility needs, racial or ethnic origin, criminal history or family violence circumstances. We will only collect sensitive information where it is reasonably necessary, you have consented, or its collection is otherwise authorised or required by law.

Please do not provide your tax file number or other unnecessary sensitive information unless we have specifically requested it for a lawful purpose.

 

4. How we collect personal information

 

We generally collect personal information directly from you when you:

 

contact or correspond with us;

complete an application, appointment, authority, agreement or other form;

apply to rent, purchase or sell a property;

attend an inspection, auction, meeting or owners corporation meeting;

engage us to manage a property or owners corporation;

submit a maintenance request, complaint or insurance claim;

make or receive a payment;

use our website, online portals or social media pages;

participate in a telephone or video call; or

apply for employment or contractor work.

 

We may also collect personal information from:

rental providers, renters, vendors, purchasers and prospective purchasers;

owners corporation members, committees, managers and building managers;

your authorised representatives, solicitors, conveyancers, accountants or advisers;

employers, referees and previous rental providers or agents;

public registers, title searches, government agencies and regulatory bodies;

residential tenancy databases and identity verification providers;

property portals, application platforms, CRM providers and other technology providers;

tradespeople, contractors, insurers, valuers and building consultants;

courts, tribunals, police and enforcement bodies;

publicly available sources; and

related parties where collection from you would be unreasonable or impracticable.

Where practical, we will notify you of the purposes of collection and the types of organisations to which the information may be disclosed.

 

5. Why we collect, hold, use and disclose personal information

 

We may collect, hold, use and disclose personal information for purposes including:

 

providing real estate, property management and owners corporation services;

assessing rental applications and verifying information provided by applicants;

assessing prospective purchasers, vendors, rental providers and other clients;

preparing agency authorities, contracts, rental agreements and other documents;

marketing, advertising, selling, leasing or managing properties;

arranging property inspections, open homes, auctions and appointments;

communicating with clients, renters, owners, purchasers, committees and contractors;

collecting rent, fees, commissions, bonds and other amounts;

administering trust accounts and financial records;

arranging repairs, maintenance, safety checks and emergency attendance;

administering owners corporation records, levies, meetings, ballots and insurance;

investigating complaints, breaches, incidents and disputes;

preparing evidence or documents for VCAT, courts, regulators and insurers;

protecting the safety, security and lawful interests of individuals and properties;

verifying identity, authority, beneficial ownership and source-of-funds information;

complying with taxation, licensing, record-keeping, anti-money laundering and other legal obligations;

preventing fraud, cybercrime, money laundering and other unlawful conduct;

conducting internal administration, staff training, auditing and quality assurance;

improving our services, systems and website;

sending service communications and, where permitted, marketing communications; and

any other purpose for which you have consented or which is authorised or required by law.

 

If you do not provide information that we reasonably require, we may be unable to assess an application, provide a service, enter into an agreement, complete a transaction or meet our legal obligations.

 

6. Residential rental applications and renter information

 

When handling residential rental applications, we will only seek information reasonably required and permitted under Victorian rental laws.

We may use a residential tenancy database to check an applicant’s rental history. Where required, the applicable database or databases will be identified in the rental application form or collection notice.

We take reasonable steps to protect information provided by renters and prospective renters from misuse, interference, loss and unauthorised access, modification or disclosure.

Subject to any legal exception or separate record-keeping obligation, renter information will be destroyed or permanently de-identified:

within three years after the rental agreement ends;

for an unsuccessful applicant, within 30 days after the relevant rental agreement is entered into; or

where an unsuccessful applicant has provided written consent for their information to be used for applications for other premises, within six months after the initial rental agreement is entered into.

We may retain or disclose renter information for a longer period where:

the individual has provided written consent;

retention or disclosure is required or authorised by law or a court or tribunal order;

it is necessary for legal proceedings, insurance or the establishment, exercise or defence of a legal claim;

it is reasonably necessary to lessen or prevent a serious threat to life, health, safety or welfare; or

another lawful exception applies.

 

7. Identity verification and AML/CTF compliance

 

When we provide services regulated by Australia’s anti-money laundering and counter-terrorism financing laws, we may be required to collect and verify additional information about clients and transactions.

This may include:

 

identity and address information;

information about directors, trustees, partners, beneficiaries and beneficial owners;

information about the purpose and intended nature of a transaction;

source-of-funds or source-of-wealth information where required;

information concerning politically exposed persons, sanctions or other risk indicators;

copies or verification details of identification documents; and

transaction, payment and risk-assessment records.

 

We may use electronic identity verification, document verification and screening service providers. We may also disclose information to AUSTRAC, law enforcement agencies, government bodies and other persons where required or authorised by law.

In some circumstances, the law may prevent us from notifying you that particular information has been disclosed or that a report has been made.

 

8. Who we may disclose personal information to

 

Depending on the service involved, we may disclose personal information to:

rental providers, renters, vendors, purchasers and prospective parties to a transaction;

owners corporation members, committees and persons legally entitled to inspect owners corporation records;

solicitors, conveyancers, accountants, auditors and other professional advisers;

banks, payment processors, bond authorities and financial institutions;

property portals, rental application platforms and tenancy database operators;

tradespeople, cleaners, locksmiths, safety inspectors and other contractors;

building managers, facilities managers and utility providers;

insurers, assessors, loss adjusters and insurance brokers;

valuers, photographers, auctioneers, stylists and marketing providers;

identity verification, fraud prevention and AML/CTF screening providers;

information technology, cloud storage, email, CRM, accounting and software providers;

Consumer Affairs Victoria, the Business Licensing Authority, the Residential Tenancies Bond Authority, VCAT, courts and other government bodies;

AUSTRAC, police, enforcement agencies and regulators;

debt recovery providers and process servers;

our employees, contractors and authorised representatives;

a prospective purchaser of, or investor in, our business, subject to appropriate confidentiality arrangements; and

any other person authorised by you or required or permitted by law.

We do not sell or rent personal information to third parties.

 

9. Overseas disclosure and cloud services

 

Some of our technology, software, data storage, email, identity verification, marketing or support service providers may store information outside Australia or allow personnel located outside Australia to access information.

Before disclosing personal information overseas, we will take reasonable steps as required by applicable privacy law to ensure that the information is handled appropriately.

You may contact our Privacy Officer for further information about the overseas service providers used by us.

 

10. Direct marketing

 

With your consent, where you would reasonably expect it, or where otherwise permitted by law, we may use your contact information to send:

property alerts and market updates;

appraisal and sales information;

rental property information;

newsletters, invitations and business updates; and

information about services that may be relevant to you.

Electronic marketing communications will identify CAN and provide a means of unsubscribing.

You may opt out at any time by:

using the unsubscribe facility in the communication;

replying “STOP” where that option is provided; or

contacting our Privacy Officer.

 

Opting out of marketing will not prevent us from sending communications that are reasonably necessary to provide services, administer an agreement, issue a notice, arrange an appointment or meet a legal obligation.

 

11. Website, cookies and analytics

 

When you use our website or online services, we may automatically collect information such as:

your IP address;

browser and device information;

the date and time of your visit;

pages viewed and links followed;

referral information; and

general location information derived from your IP address.

 

We may use cookies and similar technologies to operate our website, remember preferences, understand website use, improve performance and measure marketing effectiveness.

You can adjust your browser settings to block or delete cookies, although some website functions may not operate properly as a result.

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of those websites.

 

12. Photographs, video and property marketing

 

Property photographs, videos, floor plans and virtual tours may incidentally contain personal belongings or other information associated with occupants.

 

We will take reasonable steps to obtain the necessary authority before creating or publishing property marketing material. Occupants should remove or conceal personal documents, photographs, valuables and other items they do not wish to appear in marketing material before photography or inspections take place.

 

13. Security of personal information

 

We take reasonable administrative, physical and technical steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure.

These measures may include:

 

access controls and password protection;

multi-factor authentication where available;

staff confidentiality and privacy training;

secure cloud and document-management systems;

restricted access to physical files and keys;

system monitoring, backups and software updates;

verification procedures before changing payment or bank details;

secure disposal and deletion procedures; and

contractual confidentiality and security obligations for service providers.

 

No electronic transmission or storage system is completely secure. You should contact us promptly if you believe personal information or account credentials may have been compromised.

 

14. Retention and disposal

 

We retain personal information only for as long as reasonably necessary to:

provide our services;

 

administer an agreement or transaction;

comply with trust accounting, taxation, licensing, rental, owners corporation, AML/CTF and other record-keeping laws;

manage complaints, insurance claims or legal proceedings; or

protect our lawful interests.

 

When information is no longer required, we will take reasonable steps to securely destroy or permanently de-identify it, subject to any applicable legal retention requirement.

 

15. Accessing your personal information

 

You may request access to personal information we hold about you by contacting our Privacy Officer.

 

We may ask you to verify your identity before providing access. We will respond within a reasonable period and, where reasonable and practicable, provide access in the form requested.

 

We will not charge you for making an access request. We may charge a reasonable amount for the administrative cost of providing access where permitted by law.

 

Access may be refused or limited where permitted by law, including where access would unreasonably affect another person’s privacy, prejudice legal proceedings, reveal commercially sensitive information or involve information subject to legal professional privilege.

Where access is refused, we will generally provide written reasons and information about available complaint mechanisms, unless it would be unreasonable or unlawful to do so.

 

16. Correcting your personal information

 

We take reasonable steps to ensure that personal information is accurate, complete, relevant and current.

You may ask us to correct information you believe is inaccurate, out of date, incomplete, irrelevant or misleading.

If we do not agree to make the requested correction, we will generally provide written reasons and, upon request, take reasonable steps to associate a statement of the disputed correction with the information.

 

17. Privacy complaints

 

A privacy complaint should be made in writing to our Privacy Officer and include:

your name and contact details;

a description of the conduct or incident;

the personal information involved;

the outcome you are seeking; and

copies of any relevant documents.

 

We will generally acknowledge a complaint within seven business days and aim to provide a substantive response within 30 days. More complex complaints may require additional time, in which case we will keep you informed.

If you are not satisfied with our response, you may be entitled to contact:

 

the Office of the Australian Information Commissioner;

Consumer Affairs Victoria; or

another relevant regulator, court or tribunal.

 

18. Data breaches

 

If we become aware of a suspected data breach, we will assess and respond to it in accordance with our data-breach response procedures.

Where the Notifiable Data Breaches scheme applies and a breach is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner as required by law.

 

19. Anonymity and pseudonyms

 

Where lawful and practicable, you may deal with us anonymously or by using a pseudonym.

However, it will generally not be practicable to do so where we need to verify your identity, assess an application, enter into an agreement, manage a property, administer an owners corporation, handle funds, complete a property transaction or comply with a legal obligation.

 

20. Changes to this policy

 

We may amend this Privacy Policy from time to time to reflect changes to our services, systems, service providers or legal obligations.

The current version will be published on our website and will show its effective date.

 

21. Contacting us

 

Questions, access requests, correction requests and privacy complaints should be directed to:

Privacy Officer
CAN Estate Agents Pty Ltd
Trading as CAN Estate Agents & Strata Management
ABN 18 602 104 361

Address: 3/490 Spencer St, West Melbourne VIC 3003
Email: privacy@canea.com.au
Telephone: 03 8597 5001