Welcome to Kapalua (“we”, “us” or “our”). We value your privacy and are committed to handling your personal information responsibly and transparently. This Privacy Policy tells you how we collect, use, disclose, store, and manage your personal information when you use our website, engage with us, or use our real estate services in Australia.
1. What kinds of personal information we collect
We may collect:
- Identity and contact information — your name, date of birth, email address, phone number, postal address
- Property / real estate information — details about property you own, are interested in, or wish to transact with
- Transactional and financial information — bank account or payment details, proof of funds, credit checks (if relevant)
- Usage data — IP address, browser type, device information, cookies, analytics data when you visit our website
- Other information — anything you provide to us via forms, emails, calls, inspections, open houses, or property applications
We only collect what is reasonably necessary for our functions and services.
2. How we collect your personal information
We collect information:
- Directly from you (via website forms, emails, phone calls, in person, open houses, applications)
- From third-party sources (e.g. property databases, public records, credit reporting bodies, your agents or representatives)
- Automatically, when you visit our website (via cookies, server logs, analytics)
If we receive unsolicited personal information that we could not have reasonably collected ourselves, we will take steps to delete or de-identify it if it’s not appropriate to retain.
3. Why we collect your personal information (our purposes)
We collect and use your personal information for purposes including:
- Providing real estate services (sales, marketing and valuations)
- Facilitating property inspections, viewings, offers, contracts, and transactions
- Verifying your identity, financial capacity or eligibility for rental / purchase
- Communicating with you (e.g. about listings, inspections, status updates)
- Marketing and promotional communications (you can opt out)
- Website analytics, improving our services and operations
- Complying with legal obligations (e.g. anti–money laundering, taxation, regulatory reporting)
We will not use your personal information for a purpose that is incompatible with the purpose for which it was collected, unless you agree, or it is permitted by law.
4. Disclosure of personal information to others
We may disclose your personal information to:
- Vendors, prospective buyers, landlords, tenants, their agents or representatives
- Service providers such as tradespeople, contractors, legal, conveyancing or financial institutions
- Property databases, listing and marketing platforms
- Government and statutory authorities (if required by law)
- Our professional advisors (e.g. auditors, insurers, lawyers)
- Third parties in the event of a business sale, merger or restructure
When we disclose your information to third parties, we will take reasonable steps to ensure they are bound by privacy obligations consistent with this Policy and the Australian Privacy Principles.
5. Overseas disclosure
Some service providers (for example, cloud storage or email systems) may be located overseas. In those cases:
- We will only disclose information where we believe that the overseas recipient will provide a standard of privacy protection comparable to Australian law, or
- We have obtained your consent, or
- It is otherwise permitted under the Privacy Act
If we become aware that the overseas recipient has breached privacy obligations, we will take reasonable steps to require them to remedy the breach or stop using the data.
6. Cookies, tracking and analytics
Our website uses cookies, web beacons, and other tracking technologies to:
- Improve website functionality and performance
- Analyse how users interact with our site
- Tailor marketing and advertising
You can disable or delete cookies via your browser settings, though doing so may affect your user experience or functionality on our site.
7. Security and retention
We take reasonable physical, electronic, and administrative measures to protect your personal information from misuse, interference, loss, or unauthorised access or disclosure.
We will retain personal information for as long as needed to fulfil the purposes for which it was collected, satisfy legal or business requirements, or as otherwise permitted under the law. When it’s no longer needed, we will securely destroy or de-identify it.
8. Access, correction and deletion
You have rights regarding your personal information:
- Access: You can request access to personal information we hold about you
- Correction: You can ask us to correct or update inaccurate, incomplete, or misleading information
- Deletion / erasure: In some circumstances, you may request we delete your personal information (subject to legal exceptions)
To make a request, contact us (see section 10). We may ask you to verify your identity. We will respond within a “reasonable time.” In many cases, 30 days is a reasonable benchmark under the Australian Privacy Principles.
9. Direct marketing
We may send you marketing or promotional communications (e.g. property updates, newsletters) only if:
- You have consented to receive them, or
- It is otherwise permitted by law
Every marketing message will include an opt-out (unsubscribe) mechanism. You can also contact us at any time to stop receiving marketing messages.
10. Complaints, queries and contact information
If you have any questions or complaints about our handling of your personal information, please contact:
Kapalua
Address: Suite 4e, 250 Pacific Highway, Charlestown
Email:
Phone: 02 4911 8300
We will investigate your complaint and respond in a timely way. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) via their website (oaic.gov.au).
11. Changes to this Policy
We may update this Privacy Policy from time to time (for example, when our practices change or laws update). The updated Policy will be posted on our website, and the “Last updated” date at the top will be revised. Please check periodically to stay informed.