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[vc_row row_content_width=”grid” disable_background_image=”” content_text_aligment=”center” simple_background_image=”680″][vc_column width=”1/5″][vc_custom_heading text=”CURRENT LEGISLATION” font_container=”tag:h6|text_align:center|color:%23ffffff” use_theme_fonts=”yes” link=”url:http%3A%2F%2Fvicrearealestate.slhpfoundation.com%2Findex.php%2Fheadings%2F|title:Important%20Info”][/vc_column][vc_column width=”1/5″][vc_custom_heading text=”PRIVACY POLICY” font_container=”tag:h6|text_align:center|color:%23ffffff” use_theme_fonts=”yes” link=”url:http%3A%2F%2Fvicrearealestate.slhpfoundation.com%2Findex.php%2Fheadings%2F|title:Important%20Info”][/vc_column][vc_column width=”1/5″][vc_custom_heading text=”DISCLAIMER” font_container=”tag:h6|text_align:center|color:%23ffffff” use_theme_fonts=”yes” link=”url:http%3A%2F%2Fvicrearealestate.slhpfoundation.com%2Findex.php%2Fheadings%2F|title:Important%20Info”][/vc_column][vc_column width=”1/5″][vc_custom_heading text=”COMPLAINT HANDLING” font_container=”tag:h6|text_align:center|color:%23ffffff” use_theme_fonts=”yes” link=”url:http%3A%2F%2Fvicrearealestate.slhpfoundation.com%2Findex.php%2Fheadings%2F|title:Important%20Info”][/vc_column][vc_column width=”1/5″][vc_custom_heading text=”DUE DILIGENCE CHECKLIST” font_container=”tag:h6|text_align:center|color:%23ffffff” use_theme_fonts=”yes” link=”url:http%3A%2F%2Fvicrearealestate.slhpfoundation.com%2Findex.php%2Fheadings%2F|title:Important%20Info”][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501153033{padding-top: 98px !important;padding-bottom: 32px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

Current Legislation

[/vc_column_text][vc_empty_space height=”10px”][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501497424{padding-top: 5px !important;padding-bottom: 32px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

Sale of land (Public Auctions) Regulations 2014

[/vc_column_text][vc_empty_space height=”10px”][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501497424{padding-top: 5px !important;padding-bottom: 32px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]SCHEDULE 1 – GENERAL RULES FOR THE CONDUCT OF PUBLIC AUCTIONS OF LAND[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]1. The auctioneer may make one or more bids on behalf of the vendor of the land at any time during the auction.
2. The auctioneer may refuse any bid.
3. The auctioneer may determine the amount by which the bidding is to be advanced.
4. The auctioneer may withdraw the property from sale at any time.
5. The auctioneer may refer a bid to the vendor at any time before the conclusion of the auction.
6. In the event of a dispute concerning a bid, the auctioneer may re-submit the property for sale at the last undisputed bid or start the bidding again.
7. The auctioneer must not accept any bid or offer for a property that is made after the property has been knocked down to the successful bidder, unless the vendor or successful bidder at the auction refuses to sign the contract of sale following the auction.
8. If a reserve price has been set for the property and the property is passed in below that reserve price, the vendor will first negotiate with the highest bidder for the purchase of the property.[/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501497424{padding-top: 5px !important;padding-bottom: 32px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]SCHEDULE 5 – INFORMATION CONCERNING THE CONDUCT OF PUBLIC AUCTIONS OF LAND MEANING OF VENDOR[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]MEANING OF VENDOR

The vendor is the person who is selling the property that is being auctioned. There may be more than one vendor. Where there are two or more vendors, they are selling the property as co-owners.

BIDDING BY CO-OWNERS
Where there are two or more vendors of the property, one or some or all of them may bid to purchase the property from their co-owners. The vendor or vendors intending to bid to purchase the property can make these bids themselves, or through a representative, but not through the auctioneer.

VENDOR BIDS
The law of Victoria allows vendors to chose to have bids made for them by the auctioneer. If this is the case, it will be stated as the first rule applying to the auction. However, these bids cannot be made for a co-owner intending to bid to purchase the property from their co-owner or co-owners.

The auctioneer can only make a vendor bid if –

• the auctioneer declares before bidding starts the auctioneer can make bids on behalf of a vendor, and states how these bids will be made; and
• the auctioneer states when making the bid that it is a bid for the vendors. The usual way for an auctioneer to indicate that the auctioneer is making a vendor bid is to say vendor bid in making the bid.

WHAT RULES AND CONDITIONS APPLY TO THE AUCTION?
Different rules apply to an auction depending upon whether there are any co-owners intending to bid to purchase the property from their co-owners, and whether vendor bids can be made. The auctioneer must display the rules that apply at the auction.

It is possible that a vendor may choose to have additional conditions apply at the auction. This is only allowed if those additional conditions do not conflict with the rules that apply to the auction or any other legal requirement. The additional conditions are usually contained in the contract of sale.

COPIES OF THE RULES
The law requires that a copy of the rules and conditions that are to apply to a public auction of land be made available for public inspection a reasonable time before the auction starts and in any case not less than 30 minutes before the auction starts.

QUESTIONS
A person at a public auction of land may ask the auctioneer in good faith a reasonable number of questions about the property being sold, the contract of sale, the rules under which the auction is being conducted and the conduct of auction.

FORBIDDEN ACTIVITIES AT AUCTIONS
The law forbids any of the following – 

• any person bidding for a vendor other than
    – the auctioneer (who can only make bids for a vendor who does not intend to purchase the property from their co-owner or co-owners);
    or
    – a representative of a vendor who is a co-owner of the property wishing to purchase the property from their co-owner or co-owners;
• the auctioneer taking any other bid that the auctioneer knows was made on behalf of the vendor, unless it is made by a vendor (or their representative) who is a co-owner wishing to purchase the property;
• the auctioneer acknowledging a bid if no bid was made;
• any person asking another person to bid on behalf of the vendor, other than a vendor who is a co-owner engaging a representative to bid for them;
• any person falsely claiming or falsely acknowledging that they made a bid;
• an intending bidder (or a person acting on behalf of an intending bidder) harassing or interfering with other bidders at a public auction of land.

Substantial penalties apply to any person who does any of the things in this list.

WHO MADE THE BID?
At any time during a public auction of land, a person at the auction may ask the auctioneer to indicate who made a bid. Once such a request has been made, the auctioneer is obliged by law to comply with such a request before taking another bid.

IT IS AN OFFENCE TO DISRUPT AN AUCTION
The law forbids an intending bidder or a person acting on behalf of an intending bidder from doing any thing with the intention of preventing or causing a major disruption to, or causing the cancellation of, a public auction of land.

THE COOLING OFF PERIOD DOES NOT APPLY TO PUBLIC AUCTIONS OF LAND
If you purchase a property that has been offered for sale by public auction either at the auction or within 3 clear business days before or after the auction, there is no cooling off period.

WHAT LAW APPLIES
The information in this document is only intended as a brief summary of the law that applies to public auctions of land in Victoria. Most of the laws referred to in this document can be found in the Sale of Land Act 1962 or the Sale of Land (Public Auctions) Regulations 2014. Copies of those laws can be found at the following web site: www.legislation.vic.gov.au under the title “Victorian Law Today”. [/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501497424{padding-top: 5px !important;padding-bottom: 32px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

Privacy Policy

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]This Privacy Policy Statement sets out the policy of Jellis Craig Corporation Pty Ltd, its related entities and each Jellis Craig franchisee (together “we”, “us”, “Jellis Craig”) with respect to the way in which we obtain, use and disclose information about you, including through our website at www.jelliscraig.com.au and www.jelliscraigfoundation.com.au. We adopt and are bound by the Australian Privacy Principles (“APPs”) contained in the Privacy Act 1988 (Cth) (“the Act”).

We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.
This Privacy Policy Statement applies to us and each of our franchisees, but not to other companies, organizations or websites to which we or our franchisees are linked.

For the sake of clarity, this Privacy Policy Statement covers Personal Information collected, used and disclosed by Jellis Craig (including by Jellis Craig franchisees) in relation to any of the following:

• franchisees or prospective franchisees;
• prospective or actual vendors, purchasers, landlords and tenants;
• prospective or actual suppliers;
• agents or independent contractors, any person who applies to become such an employee, agent or independent contractor;
• employees, except where the use or disclosure is directly related to the relationship between us as employer and you as the employee and relates to an “employee record” about you as a present or past employee.[/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501658928{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

Your Consent

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]You consent to your Personal Information being used in accordance with this Privacy Policy Statement by any one or more of the following:
• by communicating with us or by continuing to request our services, including but not limited to by attending one of our offices, attending an open for inspection, making enquiries via internet, email or phone;
• providing us with your contact details and consenting in writing for such details to be conveyed to a mortgage broker or financier;
• Providing us with your contact details for such details to be conveyed to third party organisations that Jellis Craig may engage to provide to our services;
• by visiting our website or participating in an online enquiry;
• by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, Youtube and Linked In (“Social Media Sites”); and
• by participating in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site (“Social Media Activity”).[/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501658928{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

What is Personal Information?

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]For the purposes of this Statement, “Personal Information” is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. The types of Personal Information generally collected by us may differ, depending on whether you are or would like to become a Jellis Craig franchisee, a vendor, purchaser, landlord, tenant, supplier, employee, agent or independent contractor of us, or of a Jellis Craig franchisee.

Personal Information does not include an “employee record”. An “employee record” is a record of personal information relating to the employment of the employee. This includes health information and personal information relating to the:

• engagement, training, disciplining of an employee,
• resignation or termination of an employee;
• terms and conditions of employment of an employee;
• employee’s performance or conduct;
• hours of employment, salary or wages;
• personal and emergency contact details;
• employee’s membership of professional or trade associations or trade union membership;
• employee’s recreation, long service, sick, personal, maternity, paternity and other leave; and
• employee’s taxation, banking and superannuation affairs.

Having said that, we treat the personal and health information of each of our employees with absolute confidentiality and strict controls are placed on who has access to such information. We will not disclose your employee records to any third party other than as permitted by law or this Privacy Policy without your prior consent.[/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501658928{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

What Personal Information do we collect from you?

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]Generally, the type of Personal Information collected by us includes your name, address, mobile and telephone numbers, facsimile number and e-mail address. If applicable, we may also require details of your company’s ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, your employer and occupation details and title and mortgage details of any relevant property. We may be required to take images of the inside of your home via photos or video.

From our franchisees, we also require company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings analysis, sales data and other business related information which may contain Personal Information.

From our employees and/or prospective employees, we may also collect the following information: emergency contact details, qualifications, previous employment details, driver’s licence numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, where relevant visa and immigration information, information relating to performance and conduct.
From time to time, photos may be taken for marketing and promotional purposes which may include images of franchised businesses, franchisees, employees or employees of franchisees and/or clients, from which individuals may be able to be identified.

Via Social Media Sites, we may be able to obtain other information about you which may not itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites (“Other Sites”). The level of information to which we have access may depend on your privacy settings on such Other Sites.

In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to carry out the services requested by you.[/vc_column_text][/vc_column][/vc_row][vc_row row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1520501658928{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

How do we collect your Personal Information?

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]Personal Information may be collected as follows:

• when you make a general or specific telephone enquiry;

• when you engage us or discuss engaging us to provide services or advice to you;

• when you negotiate with us in respect of purchasing or renting a property;

• when you provide your details to us at a sale or rental (private or public) “open for inspection” property or an auction;

• when we inspect a rental property or property for sale;

• when you provide to us or we collect your business card;

• when you visit our website and complete an on-line enquiry or a form for the purpose of requesting and/or accessing certain services on our website;

• when you send an email to us;

• from third parties such as credit reporting agencies;

• from publicly available sources of information; and

• through analysis of the Social Media Sites conducted by us or by third parties on our behalf;

• any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.

Pursuant to the Jellis Craig franchise agreement, we collect certain information about Jellis Craig franchisees’ clients, suppliers, employees and franchised businesses including financial information. This information may be obtained from each Jellis Craig franchisee directly or obtained from third parties such as the franchisees’ lending institutions, financiers, suppliers, creditors, clients and employees or government departments or authorities.

We can obtain information through our website if you send an e-mail message and complete an online enquiry. When you look at our website, we may make a record of your visit. The following information may be logged for statistical purposes:

• your Internet protocol (IP) address;
• the date and time of your visit to the site;
• the pages you have accessed and documents downloaded; and
• the type of browser you were using.

Any such statistical analysis does not identify you.

Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site and also to push advertisements to your internet protocol address. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them. However, your use of our website may be affected.

If you view the online webpage relating to any of our properties for lease or sale, you may enquire further about the property by manually completing an online enquiry form or by authenticating your details through your Facebook or LinkedIn account. If you choose to authenticate your details via your Facebook or LinkedIn account, we will be provided with the following information and/or Personal Information:

• Facebook or LinkedIn username;
• Email address;
• Phone Number; and
• Address (if you have provided Facebook or LinkedIn with these details).

If you ‘like’ or ‘follow’ us or a property via our Facebook or Linked In pages, we may be able to view your Facebook page, subject to your Facebook privacy settings.[/vc_column_text][/vc_column][/vc_row][vc_row full_height=”yes” columns_placement=”top” equal_height=”yes” content_placement=”top” row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1624349787696{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

How do we use your Personal Information?

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]Any Personal Information that we collect will be used by us to enable us to provide you with the services that you have requested or otherwise to enable us to carry out our functions as professional real estate agents and for the following purposes:

• supplying our products and services to you;
• providing quality assurance for our services;
• responding to your enquiries and feedback regarding our business, our products and services;
• monitoring the performance of our business;
• marketing including email marketing, promotional and educative activities, including advising you about investment opportunities and other matters that we believe may be of interest to you;
• Obtain feedback from you and to promote other goods and services provided by us and our affiliates;
• enforcing the terms and conditions of our engagement with you;
• ensuring compliance with our statutory obligations;
• conducting appropriate credit checks; and
• referral to a mortgage broker or financier, subject to express consent.[/vc_column_text][/vc_column][/vc_row][vc_row full_height=”yes” columns_placement=”top” equal_height=”yes” content_placement=”top” row_content_width=”grid” content_width=”grid” animate_rounded_tab=”yes” css=”.vc_custom_1624349787696{padding-top: 5px !important;padding-bottom: 133px !important;}” simple_background_color=”#ffffff”][vc_column][vc_column_text]

How do we disclose your Personal Information?

[/vc_column_text][vc_empty_space height=”10px”][vc_column_text]We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.

You specifically authorise us to use and disclose your Personal Information in the following ways and for the following purposes:

• of or incidental to promotion and marketing to you of our services or those of our business partners or affiliates, including but not limited to advising you about investment opportunities and other matters that we believe may be of interest to you;
• to media organisations, including on the internet, to potential buyers or to existing or potential clients, to property inspection consultants, property valuers, business valuers, to owners corporations, to government and statutory bodies, financial institutions or financial products and services providers;

• to the vendor or landlord of a property where you are either a purchaser, tenant, prospective purchaser or prospective tenant;
• to other real estate agents or other third parties if required by a landlord or a landlord’s financier or legal representative, for the purpose of appraising or valuing a property;
• to potential landlords and tenants, to trades people and to other persons to whom we outsource functions of or incidental to acting for a landlord or a tenant;
• to the general public when advertising or marketing your rental property (or your home if you are our tenant) including internet advertising or marketing, for the purposes of re-leasing or selling the property;
• to the landlord, referees, the relevant Bond Authority, other agents and third party operators of tenancy reference databases including where a tenant has failed to comply with any contractual obligations specified in the relevant tenancy agreement and to other sources necessary to identify and evaluate a potential tenant;

• between the various Jellis Craig entities including between the franchisees and the franchisor where required by the relevant franchise agreement or franchise or other operations manuals and of or incidental to carrying out our respective functions as the Jellis Craig franchisor or a Jellis Craig franchisee;
• to lending institutions, financiers, creditors, prospective franchisees and suppliers as permitted by the franchise agreement;
• to third party consultants who may from time to time manage our database or computer system;
• of or incidental to a sale of all or part of our business to a third party;
• as required by law, including where requested by police; and
• any other disclosure of or incidental to our carrying out our functions as professional real estate agents.
In relation to the Personal Information of franchisees, the purposes include those mentioned above and also the following:
• conducting appropriate credit checks;
• verifying information required under any franchise agreement, including by accessing and assessing information received from suppliers, referees, insurers, banks, or any other entity;
• to conduct checks for compliance with the franchise agreement and relevant law;
• providing franchisee support; and
• all other things of or incidental to carrying out our role as a franchisor.[/vc_column_text][/vc_column][/vc_row]