Privacy Policy

Openn Tech Pty Ltd ("Openn", "we", "our" or "us") is committed to protecting your privacy and handling personal information in accordance with applicable privacy laws. This Privacy Policy explains how we collect, use, disclose and store personal information through our websites, applications and services.

1. Collecting Personal Information

The types of personal information we collect include contact details such as name, email, phone numbers, mailing or street address, age or birth date, family details, credit card and banking details. We may also collect:

• details concerning the value of your property;
• details of the services you have purchased from us or which you have enquired about, together with any additional information necessary to deliver the services and to respond to your enquiries;
• any additional information relating to you that you provide to us directly through our websites, applications or indirectly through use of our websites, applications or online presence through our representatives or otherwise;
• information you provide to us through our service centre or customer surveys; or
• any other personal information relevant to the service we are providing to you.

If it is reasonable and practical to do so, we will collect personal information directly from you. This may take place in a number of ways, such as:

• when joining to use our websites or applications or parts of them;
• logging in to use the websites or applications via a social networking site;
• when registering to bid on a property;
• when listing a property to sell;
• subscribing to receive newsletters, alerts, e-brochures and filling in forms or applications;
• completing surveys or research;
• participating in promotions and competitions on our websites and applications, including those of our service providers;
• contacting us or our service providers for any reason including reporting a problem with the websites or applications, requesting further services or seeking our assistance;
• posting or contributing material on our websites or applications;
• using our services;
• if you are a seller, via your agent when they list your property;
• through your access and use of our websites, applications and other electronic communication channels generally; or
• when you register your details with a real estate agent or their representative at a property inspection, home open, auction, or similar event where the agent is using the Openn platform to manage enquiries, inspections, offers or the sales process.

We may also collect personal information from third parties including:

• our related companies and associated entities;
• third party companies such as credit reporting agencies, real estate agencies or brokers;
• software platforms, CRM systems, inspection registration systems, and other technology providers integrated with the Openn platform and used by real estate agents or agencies in connection with a property campaign;
• advertisers or mailing lists;
• law enforcement agencies and government authorities;
• contractors or business partners;
• your representatives (such as solicitors, accountants or financial advisers);
• information sent to us by email or other communications from third parties; or
• publicly available sources including social media.

We may also collect personal information where we are required or authorised to do so by law.

All personal information we collect is reasonably necessary for the purposes of providing and operating our online platform and services relating to the buying and selling of real estate. These purposes include:

• checking your eligibility for our services;
• communicating with you by email, mail, telephone or electronic communication;
• managing and enhancing our services;
• personalising and customising your experience;
• providing you with access to protected areas of our websites and applications;
• verifying your identity;
• conducting business processing functions for the operation of our websites, applications or business;
• administrative, marketing, promotional, planning, product development, quality control and research purposes;
• investigating complaints or suspected unlawful activity;
• managing property enquiries, inspections, offers, negotiations and sales campaigns; and
• complying with legal obligations under applicable law, including the Privacy Act 2020 (New Zealand).

If you supply personal information to us about another person, we accept it on the basis that you are authorised to do so and that the relevant person has consented to, or would reasonably expect, the disclosure to us for these purposes.

Agents using the Openn platform may collect personal information from prospective buyers, attendees at property inspections, or other participants in a sales campaign and provide that information to Openn for the purpose of managing that campaign.

In many circumstances, Openn acts as a technology platform provider to real estate agents and agencies. Real estate agents or agencies using the Openn platform may independently collect, use and disclose personal information in accordance with their own privacy policies and legal obligations.

If we receive personal information about you that we did not request, and we determine that we could have collected that information under this Privacy Policy, we will retain and use the information in accordance with this Privacy Policy. Otherwise, we will take reasonable steps to destroy or de-identify the information.

We will not collect sensitive information unless:
• you have provided consent and the information is reasonably necessary for our functions or activities;
• collection is required or authorised by law; or
• collection is necessary for the establishment, exercise or defence of a legal claim.

If we are unable to collect personal information reasonably required by us, we may not be able to provide services to you or the organisation with which you are connected.

2. Cookies

When you visit our websites or use our applications, the server may attach a cookie to your device. Cookies help us understand how visitors use our websites and applications, identify users between visits and improve the user experience.

We may link cookie information to personal information we hold about you. If we do, that information will be treated as personal information in accordance with this Privacy Policy.

You may configure your browser or device settings to disable cookies, although some features of our services may not function properly if cookies are disabled.

3. Use and Disclosure of Information

We may use personal information for the primary purpose of enabling us to operate our business and provide services to you. This may include:

• ensuring content from our websites and applications is presented effectively;
• providing relevant products or services;
• verifying your identity and account details;
• allowing participation in interactive features;
• carrying out obligations arising from agreements between you and us;
• assessing credit applications;
• recovering amounts owed to us;
• notifying you about changes to our products or services;
• managing property enquiries, inspections, offers, negotiations and the sales process where your details have been provided by a real estate agent or by you in connection with a property campaign;
• communicating with you regarding a property, inspection, offer, negotiation or transaction connected with the Openn platform;
• providing our services to you; and
• marketing and promotional purposes where permitted by law.

We may disclose your personal information to:

• related companies, contractors and service providers involved in operating our business or providing services;
• real estate agents, agencies and related service providers connected with a property transaction or campaign;
• professional advisers including accountants, solicitors and consultants;
• payment processors, IT providers, cloud hosting providers and system administrators;
• debt collection agencies;
• government agencies, regulators, law enforcement bodies or courts where required or authorised by law; and
• other parties authorised by you.

4. Direct Marketing

In accordance with the Unsolicited Electronic Messages Act 2007 (New Zealand), we may send you information about products, services, developments or promotions where permitted by law.

You may opt out of receiving marketing communications from us at any time by contacting us or using the unsubscribe facility included in communications.

Even if you opt out of marketing communications, we may still send you essential service-related communications.

5. Accuracy of Your Information

We take reasonable steps to ensure that personal information we hold is accurate, up to date, complete, relevant and not misleading.

If you believe information we hold about you is inaccurate or incomplete, please contact us and we will take reasonable steps to correct it.

6. Third Party Websites

Our websites or applications may contain links to third party websites. We are not responsible for the privacy practices or content of those third party websites and encourage you to review their privacy policies.

7. Disclosure of Information Overseas

We may disclose or store personal information using service providers, cloud infrastructure providers, contractors or related companies located outside New Zealand, including in Australia and other jurisdictions where our service providers operate.

Where we do so, we will take reasonable steps to ensure that appropriate safeguards are in place and that personal information is protected in accordance with applicable privacy laws.

8. Your Acknowledgement

By using our websites or applications, or by providing your personal information in connection with a property campaign managed through the Openn platform, you acknowledge that we may collect, use and disclose your personal information in accordance with this Privacy Policy.

Where you provide your details to a real estate agent or their representative at a property inspection, home open, auction registration or similar event connected with the Openn platform, you acknowledge and reasonably expect that Openn may collect, use and disclose your personal information for the purposes of managing the sales campaign, communicating with you regarding the property, and facilitating offers, negotiations and transactions through the Openn platform.

9. Aggregated and De-identified Data

We may collect aggregated and de-identified data relating to the use of our websites, applications and services. This data is not associated with identifiable individuals and may be used for analytics, research, product development, marketing and reporting purposes.

10. Storage and Security

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

Personal information may be stored electronically in secure data centres located in Australia or other jurisdictions used by our service providers.

If we no longer require personal information, we will take reasonable steps to destroy or de-identify it unless retention is required by law.

11. Changes to this Privacy Policy

We may vary this Privacy Policy from time to time. Updated versions will be published on our website. Your continued use of our services after any update constitutes acknowledgement of the updated Privacy Policy.

12. Access and Correction

You may request access to personal information we hold about you and request correction of that information by contacting us using the details on our website at openn.com.

Requests will be handled in accordance with the Privacy Act 2020 (New Zealand).

13. Referral Partners

Where you opt in to receive information from referral partners, we may share your personal information with those partners in accordance with this Privacy Policy.

We may receive a referral fee, commission or other benefit in connection with referrals or featured third party services.

14. Privacy Breaches

Where required by law, we may notify affected individuals and the Office of the Privacy Commissioner if we become aware of a privacy breach that has caused, or is likely to cause, serious harm.

15. Complaints

If you wish to make a complaint regarding this Privacy Policy or our handling of personal information, please contact us using the details listed on our website at openn.com.

We will investigate complaints and respond within a reasonable period.

If you are not satisfied with our response, you may contact the Office of the Privacy Commissioner in New Zealand.