Privacy Policy

dwell Student Living Privacy Policy

Last Updated: 17 September 2018

This is the privacy policy of dwell East End Adelaide (registered under dwell Adelaide Student Living Pty Ltd, ABN 68 628 451 990), dwell Village Melbourne City (registered under Centurion Student Services Pty Ltd, ABN 90 086 692 051) and its Related Bodies Corporate, referred to as “we”, “us” or “our” (“dwell“). The purpose of this privacy policy is to provide information about how we deal with and manage Personal Information (see the definition below).

Protection of your Personal Information is important to us. dwell’s privacy policy outlines how we manage the Personal Information we collect, hold, use and disclose in the course of our business operations in Australia. This privacy policy applies to all departments and business units across dwell.

We are bound by the Privacy Act 1988 (Cth) which includes the APPs. Unless otherwise stated, dwell’s privacy policy and its procedures for handling personal information address the requirements of the APPs. Section 12 sets out additional requirements under the GDPR that apply where we collect Personal Information of individuals in the European Union.

Definitions

In this privacy policy, all capitalised terms are defined as follows:

• “APPs” means the Australian Privacy Principles set out in the Privacy Act 1988 (Cth);
• “DPO” means the Data Protection Officer of dwell Student Living as listed at Section 13 of this privacy policy;
• “GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council, commonly referred to as the ‘General Data Protection Regulation’;
• “Personal Information” means information or an opinion about an identified individual, or an individual that is reasonably identifiable whether: (a) the information or opinion is true or not; and (b) the information or opinion is recorded in a material form or not, and throughout this privacy policy references to ‘personal information’ include where applicable ‘personal data’ under the GDPR; and
• “Related Bodies Corporate” has the meaning set out in the Corporations Act 2001 (Cth).

1. Your Personal Information

1.1 Examples of Personal Information which you may provide us include, but are not limited to (depending on the nature of your interaction with us): your name, passport number or other identification number, student number, telephone number(s), mailing address, email addresses and any other information relating to you which you have provided us in any form you may have submitted to us (i.e. student accommodation application forms, job application forms, etc.), or in our other forms of interaction with you;

1. information about your use of our websites and services, including cookies, IP addresses, email subscription and membership details (if applicable);
2. your Curriculum Vitae, employment history, testimonials and referrals, previous drawn income, education background, medical history and disabilities, and legal and bankruptcy history (if applicable); and
3. your payment-related information, such as your bank account details (where applicable).

1.2 Certain types of Personal Information are regarded as sensitive information. Examples of sensitive information include information about an individual’s:

1. health;
2. racial or ethnic origin;
3. political opinions;
4. membership of a political association, professional or trade association or trade union;
5. religious beliefs or affiliations;
6. philosophical beliefs;
7. sexual orientation or practices; and
8. criminal record.

Any sensitive information which we collect will either be collected with the individual’s consent or as permitted by law.

2. Collection of Personal Information

2.1 Generally, dwell collects your Personal Information in the following ways:

1. when you submit soft or hard copy forms relating to any of our products or services;
2. when you register for or use any of our services on websites owned or operated by dwell, or when you register as a member of websites owned or operated by us;
3. when you interact with dwell’s employees and staff, including during face-to-face meetings or by telephone;\
4. when you enter into a contract with us or use or purchase our services or products;
5. when you establish any online accounts with us;
6. when you submit a request for us to contact you;
7. when you respond to our request to submit additional Personal Information;
8. when you subscribe or ask to be included in an email or other mailing list;
9. when you respond to our promotions and other marketing and publicity initiatives;
10. when you respond to our market surveys;
11. when you submit a job application or a scholarship application;
12. when we receive references from business partners and third parties;
13. when you submit your Personal Information to us for any other reason; and
14. when you browse our website. Please refer to the Cookie Policy at Section 15 for more

If you provide Personal Information of a third party (e.g. information of your dependant, spouse, children and/or parents) to us, you represent and warrant that you have obtained the consent of that third party for the collection, use and disclosure of their Personal Information for the purposes set out above.

3. How do we use and disclose Personal Information?

3.1 In general, dwell may collect, hold, use and disclose your Personal Information for the following purposes:

a. to provide you with products or services;

b. to help manage the delivery of and enhance our products and services, including analysing current customer needs and identifying potential future needs;

c. to update your records in our databases;

d. to monitor and maintain a copy of your record of previous transactions with dwell;

e. to communicate and respond to your queries, requests and complaints;

f. to provide ongoing marketing and publicity information about our products and services and upcoming events which may be of interest to you;

g. to ascertain security clearances and access controls at dwell facilities;

h. for security, surveillance and employee monitoring purposes;

i. to handle disputes and complaints and conduct and facilitate investigations and proceedings when required;

j. to protect and enforce dwell’s contractual and legal rights and obligations;

k. to prevent, detect and investigate crime, and to analyze and manage other commercial risks;

l.to manage the infrastructure and business operations of dwell and to comply with other dwell internal policies and procedures;

m. to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale) involving dwell; and

n. to comply with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant

In addition, dwell may collect, hold, use and disclose your Personal Information for the following purposes, depending on the nature of our relationship with you:

o. If you are a prospective customer or a customer:

1. to process your application for a dwell account;
2. to maintain and administer your dwell account with us;
3. to verify your personal particulars and process payment requests in relation to provision of products and services, which you may be entitled to, or which you may have requested for;
4. to provide you with the products and services which you have may have entered into a contract with dwell for or purchased from dwell;
5. to communicate changes and developments to dwells policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
6. to send marketing and publicity emails which may of interest to you;
7. to resolve complaints and handle requests and enquiries;
8. to conduct market research for statistical, profiling, statistical analysis and planning for the improvement of dwell’s products and services provided to you; and
9. any other purpose related to any of the above.

p. If you use or download any of our mobile applications (“apps”):

1. to process your application for subscription services if such services provided for in the apps;
2. to administer and maintain your account with us;
3. to verify and process your personal particulars and process payment requests in relation to provision of products and services connected to the app;
4. to provide you with the goods and services which you have purchased or signed up for via the app;
5. to communicate changes and developments to dwell’s policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you;
6. to resolve complaints and handling requests and enquiries;
7. to conduct market research for statistical, profiling, statistical analysis and planning for the improvement of dwell’s products and services provided to you; and
8. any other purpose related to any of the above.

q. If you are a prospective tenant/resident or a tenant/resident:

1. to administer and conduct appropriate due diligence checks;
2. to prepare the relevant dwell lease and/or licence documentation and any other documents as may be required;
3. to administer the relevant leases or licences ;
4. to administer and perform financial transactions such as rental payments;
5. to resolve complaints and handling requests and enquiries;
6. to communicate changes and developments to dwell’s policies, terms and conditions and other administrative information; and
7. any other purpose related to any of the

r. If you are a prospective vendor/contractor or a vendor/contractor:

1. to evaluate your proposals for working with dwell and to conduct relevant background checks on you;
2. to communicate with your deployed staff, after award of contract, who are in our properties to carry out work or services, and for any emergency or security concerns; and
3. any other purpose relating to any of the

s. If you submit a job application to us as a candidate for employment:

1. to evaluate your suitability for employment with dwell, including pre- recruitment checks and checking on provided references for more detailed background screening/vetting;
2. to organise training and staff development programs;
3. to maintain and manage employee relations, including annual performance assessments/appraisals;
4. to administer and manage benefits and payroll processing;
5. to provide you with the relevant/correct tools as required for you to do carry out your job responsibilities;
6. to resolve complaints and handling requests and enquiries;
7. to communicate dwell’s policies and processes, codes of conduct and standard operating procedures, including for business continuity purposes; and
8. any other purposes relating to any of the above.

3.2 In relation to particular products or services or during your interactions with dwell, we may also notify or have specifically notified you of other purposes for which dwell collects, holds, uses or discloses your Personal Information. If so, we will collect, hold, use and disclose your Personal Information for these additional purposes as well, unless we have specifically notified you

3.3 Your Personal Information will be protected and kept confidential, but subject to the provisions of any applicable law, your Personal Information may, depending on the products or services concerned, be disclosed to the following third parties:

1. other divisions, business units or entities within dwell;
2. dwell’s joint venture/alliance partners;
3. agents, contractors, sub-contractors, third party service providers and specialist advisers contracted by dwell to provide administrative, financial, research, operational or other services, such as telecommunications, information technology, payment, payroll, processing, training, market research, storage and archival;
4. any third party business partners who offer goods and services or sponsor contests or other promotional programmes, whether in conjunction with dwell or not;
5. insurers or insurance investigators and credit providers;
6. in the event of default or disputes, any debt collection agencies or dispute resolution centres;
7. any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale);
8. dwell’s professional advisors such as our auditors and lawyers;
9. relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority;
10. anyone to whom we may transfer our rights and obligations;
11. banks, credit card companies and their respective service providers; and
12. any other party consented to by you, as specified by that individual or in the applicable contract.

3.4 For the purposes of compliance with the APPs, dwell requires that third party organisations which handle or obtain Personal Information, such as service providers to dwell, acknowledge the confidentiality and sensitivity of Personal Information that we disclose to them, undertake to respect any individual’s right to privacy and comply with the Privacy Act. dwell also requires that these organisations use this information only for limited purposes which have been agreed upon and follow dwell’s reasonable directions with respect to this information.

4. Direct Marketing

For individuals not in the EU, dwell may send you marketing material which you may choose to “opt-out” of by emailing the DPO. We will not charge you any additional cost or in any way disadvantage you for choosing to “opt-out” of receiving marketing material.

5. Keeping Your Personal Information Accurate and Up-To-Date

dwell endeavours to ensure that Personal Information stored by us is accurate and up-to-date. dwell also understands that Personal Information may change frequently, such as changes of address and other personal circumstances. As such, dwell encourages you to contact the DPO to update your Personal Information. Incomplete or outdated Personal Information may result in our inability to provide you with products and services you have requested.

6. Use of cookies

6.1 Cookies are small files containing a string of characters that is sent to your computer when you visit any website owned or operated by dwell (“Websites”). Depending on the type of cookies, they may store user preferences and other information.

6.2 If you do not agree to our use of cookies as set out in this privacy policy, you may either:

1. give express refusal of your consent via our Websites ‘opt-in’ cookie pop-up interface; or
2. disable the cookies associated with our Websites by changing your browser settings accordingly.

However, you may not be able to enter certain part(s) of the Websites, and some of the functions and services may not be able to function without cookies. This may also impact your user experience while on our Websites.

We use cookies for a number of purposes, such as:

1. to track information such as the number of users and their frequency of use, profiles of users and their preferred sites;
2. to make the Websites easier to use and to better tailor our products and services to your interests and needs;
3. to help speed up your future activities and experience on our Websites;
4. to collect statistical information for the purposes of analysis, such as number of users, their frequency of use, the number of page views (or page impressions) that occur on the Websites and common entry and exit points into and out of the Websites, in order to understand how people use our Websites and to help us improve their structure and contents.

7. Third-Party Sites

Our website may contain links to other websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Once you have left our website, you should check the applicable privacy policy of the third-party website to determine how they will handle any Personal Information they collect from you. Please contact the owner of the respective websites should you have any questions on their privacy policies.

8. Storing of Personal Information

8.1 We will safeguard the confidentiality of your Personal Information, whether you interact with us personally, by telephone or mail, over the Internet or through forms of other electronic media. We hold Personal Information in a combination of secure computer storage facilities and paper based files and other records and take steps to protect the Personal Information we hold from misuse, loss, unauthorised access, modification or disclosure. Where we no longer require any Personal Information that we hold, that Personal Information would be destroyed or have particulars or information which may identify individuals removed.

8.2 We may store Personal Information using services provided by us to third parties that are located outside Australia or that use servers that are located outside Australia. This may involve Personal Information that we collect being stored in Singapore.

8.3 All electronic storage and transmission of Personal Information is secured and encrypted with appropriate security technologies.

8.4 Although every reasonable effort has been made to ensure that all Personal Information will be so protected, dwell cannot be responsible for any unauthorised use or misuse of such information and from risks which are inherent in all internet communications. In the event that there is a data breach, dwell will act in accordance with the requirements under the Notifiable Data Breaches scheme in the Privacy Act.

9. Transfer of your Personal Information overseas

We may disclose your Personal Information to other Related Bodies Corporate of dwell which are located outside of Australia in locations that include United Kingdom, United States of America and Singapore. For the purposes of compliance with the APPs, dwell has arrangements in place to ensure that the overseas Related Bodies Corporate adequately safeguard any Personal Information that dwell discloses to them.

10. Access Requests and Withdrawal of Consent

10.1 Please contact the DPO should you wish to have access to, or withdraw the consent to collect and use your Personal Information.

10.2 Your email should identify yourself and state which Personal Information and information about its use and / or disclosure is requested. If you withdraw your consent to any or all purposes and depending on the nature of your request, dwell may not be in a position to continue to provide our products or services to you.

11. Management and Security

We have appointed DPOs to oversee our management of your Personal Information in accordance with this privacy policy, the APPs and the GDPR. dwell trains our employees who handle Personal Information to respect the confidentiality and sensitivity of your Personal Information and views breaches of privacy very seriously.

12. Individuals in the European Union

12.1 The GDPR provides individuals in the European Union (“EU Individuals”) with certain rights regarding the way in which an entity deals with their Personal Information. This section 12 of the privacy policy applies specifically to EU Individuals, in addition to the rest of the privacy policy. Where there is any inconsistency between this section 12 and any other section of the privacy policy, this section will apply to the extent of the inconsistency. For the avoidance of doubt, the entirety of the privacy policy except for this section 12 applies to individuals who are not EU individuals.

12.2 You have the right to request that we erase your Personal Information. In a number of circumstances (for example, where your Personal Information has been unlawfully processed). We will review your request and will delete your information without undue delay, unless we are legally obligated to process your Personal Information (for example, for the establishment, exercise or defence of legal claims).

12.3 You have the right to obtain a restriction on processing of your Personal Information in a number of circumstances (for example, where you object to the accuracy of the Personal Information held by us, or where we no longer need your Personal Information). If you make such a request, your Personal Information may only be processed in certain limited circumstances (for example, with your consent, or for the establishment, exercise or defence of legal claims).

12.4 You have the right to object at any time to the processing of your Personal Information, including for direct marketing purposes. Upon such a request, we will no longer process your Personal Information, unless we have compelling legitimate grounds for doing so.

12.5 You have the right to request and receive your Personal Information that you have provided to us in a structured, commonly used and machine-readable format. You may also request that your Personal Information you have provided to us be transferred to another entity.

12.6 If you would like to receive marketing material, you may choose to “opt-in” to receive this material by emailing the DPO.

12.7 For more information about EU Individuals’ rights regarding their Personal Information, please refer to the European Commission’s Guidelines here and the European Commission’s website here.

13. How to contact us

If you have any questions about this privacy policy or any complaints relating to your Personal Information, or you would like to obtain access and make corrections to your Personal Information, please contact the designated DPOs for the respective business entities as follows:

14. Review of the Policy

This privacy policy will be reviewed from time to time by dwell. dwell may also from time to time update this privacy policy to take account of new laws and technology, changes to our operations and practices and the changing business environment. If you are unsure whether you are reading the most current version, please contact us.