Introduction
We are committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running our business.

This Privacy Policy explains how we manage personal information, including our obligations and your rights in respect of our dealings with your personal information. This Privacy Policy (other than section 8) explains how we manage personal information about individuals other than our employees. Section 8 explains the position of employees.

Where applicable, we may rely on exceptions or exemptions provide under relevant privacy laws in our information handling practices.

Key definitions
In this document:

• “APPs” means the Australia Privacy Principles set out in the Privacy Act;
• “personal information” has the meaning set out in the Privacy Act, and (in summary) means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether true or otherwise;
• “Privacy Act” means the Privacy Act 1988 (Cth);
• “sensitive information” has the meaning set out in the Privacy Act, and includes certain specific types of personal information such as health information, and information about a person’s racial or ethnic origin, sexual orientation, religious beliefs or affiliations and criminal record; and
• “we“, “us” and “our” refer to Asia Digital Investments Pty Ltd ACN 639 740 088, FSST Pty Ltd ACN ACN 651 172 226 as trustee for Fitzroy Street St Kilda Trust ABN 97 313 053 256 and each of their related entities (within the meaning of the Corporations Act 2001 (Cth)).

1. How we collect personal information

We collect personal information in a fair and lawful manner, and not in an intrusive way. We typically collect personal information you give us directly when you contact us or make an enquiry through our websites (including https://ondas.com.au/), by telephone or other means, or when administering our services or otherwise managing our business.

Where it is reasonably practical to do so, we will collect your personal information directly from you. However, we may also collect personal information from publically available sources and third parties such as our agents, suppliers, contractors, clients, business partners and recruitment agencies. If we collect personal information about you from a third party we will, where appropriate, request that the third party inform you that we are holding such information, how we will use and disclose it, and that you may contact us to gain access to and correct and update the information.

2. Types of personal information we collect

The types of personal information we collect about you depend on the circumstances in which the information is collected. The type of personal information we typically collect includes your name, email address, postal address, telephone numbers, spouse/partner’s name, and any relevant preferences, including home or investment property locations, finishes and fittings, suppliers and/or consultants and any other interior design and styling preferences.

If you are an individual contractor to us, we may also collect information relevant to your engagement with us including qualifications, resume, current and former employment details, length of engagement, feedback from supervisors, training records and logs of your usage of any equipment we provide (such as phones, computers, vehicles).

We do not ordinarily request sensitive information and will only collect sensitive information about you with your consent or otherwise in accordance with the Privacy Act. If you do provide sensitive information to us for any reason (for example, if you provide us with information about a disability you have), you consent to us collecting that information and to us using and disclosing that information for the purpose for which you disclosed it to us and as permitted by the Privacy Act and other relevant laws.

In addition to the types of personal information identified above, we may collect personal information as otherwise permitted or required by law.

If you do provide us with the personal information we request, we may not be able to provide you with requested goods or services or respond to your enquiries.

3. Our purposes for handling your personal information

We may use or disclose your personal information:

• for the purposes for which we collected it and related purposes that you would reasonably expect;
• for other purposes to which you have consented; and
• as otherwise authorised or required by law.

In general, we collect, use and disclose your personal information so that we can do business together and for purposes connected with our business operations. Some of the typical purposes include:

• to respond to your enquiries;
• to provide information about the goods and services we offer in connection with our property developments;
• to provide you with updates in connection with our property developments, including upcoming developments and other opportunities;
• to co-ordinate matters pertaining to your property purchase, inspection(s), settlement and handover;
• to enter into and administer contracts for the goods and services we offer;
• to provide tax invoices for our goods and services;
• to consider you for a job (whether as an employee or contractor) or other engagement with us;
• to contact you (directly or through our service providers and marketing research agencies) to obtain your feedback and to find out your level of satisfaction with our goods and services;
• to comply with our legal and regulatory obligations;
• to address any issues or complaints that we or you have regarding our relationship; and
• to contact you regarding the above, including via electronic messaging such as SMS and email, by mail, by phone or in any other lawful means.

Whenever practical, when we collect your personal information, we endeavour to inform you why we are collecting it, how we intend to use it and to whom we intend to disclose it.

4. Who we disclose your personal information to

We may disclose your personal information to third parties in connection with the purposes described in section 3 of this Privacy Policy. This may include disclosing your personal information to the following types of third parties:

• estate agents and sales agents we work with in connection with our properties;
• our related entities (who may use and disclose the information in the same manner we can);
• suppliers, contractors and organisations that provide us with technical and support services;
• our accountants, insurers, lawyers, auditors and other professional advisers; and
• government agencies, such as the Foreign Investment Review Board (FIRB), where permitted or required by law.

For example, when you enquire about one of our properties via one of our websites, we may share your name, contact details, any comments you provide and any other pertinent information about your enquiry to the estate agents and/or sales agents we have engaged to manage or sell the property or development.

We may also disclose your personal information in accordance with any consent you give or where disclosure is authorised, compelled or permitted by law.

If we disclose information to a third party, we generally require that the third party protect your information to the same extent that we do.

In the event that we or our assets may be acquired or considered for acquisition by a third party, we may disclose the personal information we hold to that third party and its advisors.

5. Protection of personal information

We will hold personal information as either secure physical records, electronically on our intranet system, in cloud storage, and in some cases, records on third party servers, which may be located overseas. We use a range of security measures to protect the personal information we hold, including by implementing IT security tools to protect our electronic databases.

We will destroy or de-identify personal information once it is no longer needed for a valid purpose or required to be kept by law.

6. Direct marketing

From time to time, we may provide you with information about products, services, offers and opportunities either from us, or from third parties which may be of interest to you, where you have consented to us doing so or where otherwise permitted by law. You may opt out at any time if you no longer wish to receive direct marketing messages from us by following the ‘unsubscribe’ instructions in our communications or by contacting our Privacy Officer.

7. Overseas transfers of personal information

We do not ordinarily disclose personal information to third parties located outside Australia.

From time to time, we may engage service providers located overseas, such as cloud-based storage solutions. The use of overseas service providers to store personal information will not always involve a disclosure of personal information to that overseas provider.

By providing your personal information to us, you consent to us disclosing your personal information to any overseas recipients for purposes necessary or useful in the course of operating our business, and agree that APP 8.1 will not apply to such disclosures. In the event that an overseas recipient breaches the APPs, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.

8. Employees

We collect information in relation to our employees as part of their application and during the course of their employment, either from them or in some cases from third parties such as recruitment agencies. Such information may include address, email address and other contact details, date of birth, next of kin, tax file number, tax residency status, qualifications, resume, current and former employment details, pay rate and salary, bank account details, superannuation fund details, details of HECS/HELP and other financial supplement debts, feedback from supervisors, training records and logs of your usage of our equipment (e.g. phones, computers and vehicles).

Under the Privacy Act, personal information about a current or former employee may be held, used or disclosed in any way that is directly connected to the employment relationship. We handle employee information in accordance with legal requirements and our applicable policies in force from time to time.

9. Accessing and correcting your personal information

You may contact our Privacy Officer (see section 10) to request access to the personal information we hold about you and/or to make corrections to that information. We will respond to all requests for access to or correction of personal information within a reasonable time.

We may seek to recover from you reasonable costs incurred for providing you with access to the personal information we hold about you. On the rare occasions when we refuse access, we will provide you our reasons in writing.

We are not obliged to correct any personal information if we do not agree that it requires correction. If we refuse a correction request, we will provide you with our reasons in writing.

10. Privacy concerns

If you have any questions, concerns or complaints about this Privacy Policy or how we handle your personal information, please contact our Privacy Officer. Their contact details are as follows:

Email:
privacy@ondas.com.au

Postal address:
Attention: Privacy Officer
Asia Digital Investments Pty Ltd
C/- PWC
GPO Box 1331
Melbourne VIC 3001

When contacting us please provide as much detail as possible in relation to your question, concern or complaint.

We take all complaints seriously, and will respond to your complaint within a reasonable period. We request that you cooperate with us during this process and provide us with any relevant information that we may need.

If you are dissatisfied with our handling of a privacy complaint, you may contact the Office of the Australian Information Commissioner:

Postal address:
GPO Box 5218
Sydney NSW 2001

Telephone:
1300 363 992

Email:
enquiries@oaic.gov.au

11. Changes

We reserve the right to change the terms of this Privacy Policy from time to time, without notice to you. An up-to-date copy of our Privacy Policy is available on our website at https://ondas.com.au/.

The last update to this document was 26 September 2022.