Terms of Use & Privacy Policy



1. Background

1.1 This website is owned and operated by Transact Investments Pty Ltd (ACN 636 409 795) (TI, we, our).

1.2 By using this website, and in consideration of TI providing you with access to this website, you agree to be legally bound by the following Terms of Use (which include our Privacy Policy, (https://transactinvestments.com.au/privacy-policy), which govern your access to and use of this website.

1.3 If you do not agree to be legally bound by these Terms of Use, you must not use or access this website.

1.4 We reserve the right to amend these Terms of Use from time to time without giving specific notice. We will publish the amended Terms of Use on the website.

1.5 You should periodically review the Terms of Use and if you do not agree with any of the changes, you must cease using or accessing the website. By continuing to use the website, you will be deemed to have accepted the changes to the Terms of Use.

2. Overview of the Website

2.1 The website hosts the TI technology platform, which connects potential Investors and potential Sellers for on-market and off-market commercial real estate transactions via licensed real estate agents who are employed or contracted by either Transact Capital Pty Ltd (ACN 614 206 263) or Transact Capital (QLD) Pty Ltd (ACN 624 248 451) (collectively referred to as TC Agents). The following is a general overview of how the TI platform works:

(a) When an Investor registers on the TI platform, the Investor will insert their personal details to create their Investor profile and will then be able to create one or more Investor Mandate(s) which are linked to their Investor’s profile. An Investor Mandate will:

(i) outline the details and financial metrics of the types of commercial properties (based on specific criteria requested by the TI platform) which the Investor may be interested in being contacted about; and

(ii) outline specific details about the Investor which are required for the purpose of any potential transaction, including but not limited to: the value of the Investor’s potential investment; whether the Investor is a local or foreign resident of Australia; whether the Investor’s acquisition is or is not subject to any finance; and the Investor desired transaction timeframe.

(b) By creating an Investor profile and an Investor Mandate, the Investor is agreeing to:

(i) the Investor’s contact details (from the Investor profile) being provided to a TC Agent; and

(ii) the Investor being contacted by a TC Agent in respect of any commercial properties, which the TC Agent is an appointed agent for, which specifically match or closely match the specifications contained in the Investor’s Investor Mandate.

(c) The details of all active Investor Mandates (excluding the Investor’s personal details) are shown on the TI platform.

(d) If a Seller has a property that it considers matches one or more of the active Investor Mandates on the TI platform, the Seller may be connected to the relevant Investor, subject to and conditional upon:

(i) the Seller contacting TI via the TI platform for the purpose of being introduced to a TC Agent; and

(ii) the Seller entering into a legally binding agent authority with the TC Agent to act as the Seller’s non-exclusive real estate agent (TC Agent Authority).

(e) Upon the Seller satisfying the requirements in subclause (d) above, then subject to the TC Agent verifying that the Seller’s property (pursuant to the TC Agent Authority) reasonably matches the specifications of the Investor’s Investor Mandate, the TC Agent will make contact with the relevant Investor on behalf of the Seller. The purpose of the contact is to ascertain if the Investor would be interested in engaging in further discussion and/or due diligence on the Seller’s property for the purpose of potentially entering into a commercial transaction.

(f) If the /Seller and the Investor complete a real estate transaction, the Seller will be required to pay the TC Agents the prescribed fee in accordance with the TC Agent Authority.

2.2 TI provides the TI platform only, and takes no responsibility for:

(a) any information posted or transmitted by users through the platform, including the descriptions and prices of listed properties;

(b) any interactions between users (including any advice given by TC Agents to Investors or Sellers, or any interactions between Investors and Sellers); or

(c) any transactions that are brokered through, or otherwise arise out of, use of the website or the platform.

2.3 While we make all reasonable efforts to ensure that accuracy and completeness of the information on the website that is provided by us (including any information in any TI newsletters, offers or notifications) to the extent permitted by law, we give no warranty that such information is accurate, complete or up-to-date.

2.4 TI is not responsible for, and accepts no liability with respect to any material made available on the website by another user or by any person other than TI. TI does not endorse any opinion, advice or statement made by any person other than TI.

2.5 You should make your own assessment of the accuracy, currency and suitability of any information on the website (or in any TI newsletter, offer or notification) for your own needs. To the extent permitted by law, we exclude liability for any information on the website (or in any TI newsletter, offer or notification) that contains errors or is out of date.

2.6 The information provided by TI through the website (and in any TI newsletters, offers and notifications) is general in nature. It is not intended as investment or financial advice, and should not be relied on for this purpose. We strongly recommend that you obtain independent professional advice before making any investment decision in connection with your use of the website and the platform.

2.7 We may, from time to time and without notice:

(a) change, add to, or remove Website Content (as defined in clause 10.3 below) or functionality of the website (including the types of products and services that you can access through the website); and

(b) cease, interrupt or withdraw access to the site for any reason, including for upgrades and maintenance of the website.

2.8 Some of the services that you can access through the website may have additional terms and conditions. The additional terms and conditions will be made available to you when you access and use the relevant services. By using any of these services, you agree to the additional terms and conditions for those services.

3. Newsletters, offers and notifications

3.1 You may use the website and the platform to subscribe to:

(a) the TI mailing list, in which case we may send you:

(i) our e-mail newsletter that provides details of new developments in the TI platform and other information that may be of interest to TI users; and

(ii) e-mail offers regarding our products and services (and the products and services of our trusted partners) that we think you may be interested in; and

(b) service notifications (such as new property alerts or activity alerts), which may be sent to you by e-mail or SMS.

3.2 You may choose to stop receiving newsletters, offers and/or notifications at any time by using the ‘Unsubscribe’ details that appear in the newsletters, offers or notifications.

3.3 You can also manage your subscriptions to newsletters, offers and notifications by logging into your account and using the settings in your account dashboard.

3.4 Our newsletter, offer and notification services are provided on an “as is” and “as available” basis, and to the extent permitted by law:

(a) we do not make any representation (or give any guarantee) as to the timeliness, correctness or availability of the newsletter or notification services; and

(b) we will not be responsible or liable for any costs or damages incurred by you not receiving newsletters, offers or notifications in any particular timeframe (or at all).

4. Eligibility to become a Member

4.1 By using the website or associated services, you warrant and represent to us that:

(a) you are 18 years of age or older, or if you are under the age of 18, you have obtained the prior consent of your parent or guardian to access and/or use the website;

(b) any information you submit is truthful and accurate, and that you will keep your account information up to date; and

(c) your use of the website and associated services does not violate any applicable laws or regulations.

4.2 We reserve the right to accept or reject any applications to join the TI platform at our sole discretion.

4.3 We may, at our sole discretion, conduct such activities as we consider necessary and appropriate to verify your identity (and the accuracy of any registration information you have provided us) for the purpose of approving your account registration request or monitoring your use of the website and the services. As part of conducting these identity verification activities, we may use registration information that you provide together with information from third party sources.

5. Accounts and Membership

5.1 Before you can access certain services available through the website, you must follow the prompts on the website to create an account and become registered as a member of the website.

5.2 The following types of accounts are available:

(a) Investor: If you are a prospective on-market or off-market purchaser of commercial property, you can join the platform by directly registering an account through the website. Once you set up an Investor account, you can then create Investor Mandates which specify your unique preferences for properties that you may be interested in purchasing. You will be alerted when TI or a TC Agent has been approached by one or more Sellers that have a property (or properties) that reasonably match the specifications of your Investor Mandate. A TC Agent will be paid a fee from a Seller when a you purchase a property from a Seller that you are introduced to via the TI Platform or the TC Agent.

(b) Seller: If you are a Seller, you do not need to register on the TI Platform. You are required to make contact with TI, so that you can introduced to Investors by a TC Agent, subject to and conditional upon the Seller entering into a TC Agent Authority.

5.3 Depending on the type of account that you register for, you may be required to enter into additional terms and conditions in order to use the TI platform (or certain features within the platform). We will make these available to you as part of the registration process, or at the time when you use the relevant feature.

5.4 Without limiting clause 9, we may suspend or terminate any user’s account at any time at our sole discretion without liability to the user.

5.5 If we need to send you any notices in writing, we may send these notices to you by e-mail or post using the contact details you have provided in your membership information.

5.6 Investors and Sellers can terminate their membership on the platform whenever they like by sending an e-mail to TI at info@transactinvestments.com.

5.7 If an Investors or Seller terminates their account on the platform, this does not affect any accrued rights or obligations under any TC Agent Authority.

5.8 If you use the platform to invite or contact any person to join the website, you warrant that you have all consents required by law to send such communications and that the sending of such messages will not infringe any laws (including the Spam Act 2003 (Cth)).

5.9 When creating an account, you will be asked to choose a password. You must keep your account password confidential and secure, and you acknowledge and agree that you will be solely responsible for any activities engaged in using your account, whether or not access is authorised by you.

5.10 Your account is personal to you, and you may not transfer or assign your account to any other person. You agree not to use the account, username or password of another member of the website at any time, and must not disclose your account password to any third party.

5.11 You must notify us immediately if you suspect any unauthorised use of your account or access to your password.

6. Fees and reporting of sales data

6.1 There is no charge to register an account. Fees are payable by a Seller to a TC Agent pursuant to a TC Agent Authority based on commercial property transactions that are brokered.

7. Requirements when you use the website

7.1 You must:

(a) only use the website and the platform for the following purposes:

(i) if you are a Seller, only for the purpose of reviewing the high-level details of the active Investor Mandates, contacting a TC Agent via the TI Platform and entering into a TC Agent Authority; and

(ii) if you are an Investor, for the purpose of creating an Investor profile, for the purpose of creating one or more Investor Mandates and for being contacted by TC Agents for the purpose of potential commercial real estate transactions;

(b) ensure the accuracy, completeness and lawfulness of any information or material you share upload to the website or share with other users through the website (including that you have any necessary consents of third parties to upload such information or material);

(c) not use the website in breach of any applicable laws or regulations;

(d) not use the website to send spam or unsolicited messages to other users or to harvest personal information and contact details of other users;

(e) not use the website to harm, abuse, harass, stalk, threaten or otherwise offend others;

(f) not frame or mirror any part of the website without our written authorisation; and

(g) not interfere with, disrupt, or create an undue burden on the website.

7.2 Without limiting the above, you must not and must not permit a third party to:

(a) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging the Website Content (as defined in clause 10.3 below);

(b) circumvent, disable or otherwise interfere with security-related features of the website;

(c) use (or attempt to use) the website or services in an unauthorised manner to identify or discover pricing, the identity of any user, or any related business methodology or systems; or

(d) do anything which will or may damage, disrupt access to or interfere with the proper operation of the website, or upload or permit any virus or malicious code to adversely affect this website or any associated equipment or data.

7.3 In this clause 7.3, “Affiliates” means a party’s officers, employees, agents, contractors, suppliers and licensors. You agree to indemnify TI and each of its Affiliates against:

(a) any claims arising out of your or any of your Affiliates’ breach of these Terms of Use (and any other terms and conditions which incorporate these Terms of Use); and

(b) any allegation or claim against TI or its Affiliates that the use of any material you upload in accordance with clause 10.5 infringes any third party rights (including intellectual property rights) or any law.

8. Your relationship with other users of the website

8.1 You are solely responsible for your interactions with other users through the website, including (but not limited to):

(a) any material or information that is shared between you and any other user;

(b) any material or information that is posted to the website; and

(c) any transactions that are conducted or arranged through the website.

8.2 You acknowledge that we have no obligation to monitor your (or any other user’s) use of the website, but we have the right to do so at any time for our own business purposes (including as necessary to assess your (or any other user’s) compliance with these Terms of Use, to protect the security and integrity of the website and the TI platform, or to comply with any law or government authority request).

8.3 While we reserve the right to become involved in resolving disputes between you and other users where (and to the extent) we choose to do so, we are under no obligation to do so.

8.4 We may, in our discretion, choose to share information about users (including you) with other users where we think this may assist with resolving a dispute between the users. You agree that:

(a) we may use and share your information with other users for this purpose; and

(b) if we provide you with any such information of other users, you must only use that information for the purpose of resolving the dispute and for no other purposes.

9. Investigating prohibited uses of the website

9.1 We may, at any time and at our discretion, investigate any reported or suspected breach of these Terms of Use (or other unauthorised or unlawful use of the website) by you or any other user.

9.2 In conducting any investigation we may use membership information and other data that we have logged in relation to the relevant user’s use of the website.

9.3 Following an investigation, we reserve the right to take such actions as we deem necessary to preserve the security and integrity of the website, the quality of the services and the reputation of TI. These actions may include (but are not limited to):

(a) rejecting or taking down any Website Content submitted by you or any other user;

(b) suspending or terminating user accounts;

(c) reporting any unlawful conduct to the appropriate authorities; and

(d) otherwise taking appropriate legal action.

10. Intellectual Property

10.1 TI and the TI Logo are trade marks of TI and its related entities (Our Trade Marks).

10.2 Trade marks used on this website or in newsletters, offers or notifications to describe third parties and their products are trade marks of those third parties (Third Party Trade Marks).

10.3 All material on this website and in any newsletters, offers or notifications, including the text, information, graphics, logos, design, layout, downloads and services (Website Content) is owned by or licensed to TI and its related entities.

10.4 You must not reproduce, transmit, adapt, distribute, sell, modify, publish or store:

(a) Website Content or Our Trade Marks for any purpose, other than with the prior written consent of TI, or as permitted by law; or

(b) the Third Party Trade Marks for any purpose, other than with the permission of the relevant third party or as permitted by law.

All rights of TI and its licensors are reserved.

10.5 By uploading, transmitting, posting or otherwise making available any material via the website, you:

(a) irrevocably license TI to use, reproduce, edit, exploit and sub-license the material in any form and for any purpose (including commercial purposes), and to publish and communicate the material on the website, and you unconditionally consent to these actions for the purposes of any moral rights you may have in this material under the Copyright Act 1968 (Cth) or similar rights in other jurisdictions;

(b) warrant that you have all necessary third party consents to upload such material and that our use of such material in accordance with clause 10.5(a) will not infringe any third party rights (including intellectual property rights).

10.6 Without limiting clause 10.5, we reserve the right to aggregate and analyse data that we collect through the operation of the website. This may include data that is uploaded, transmitted, posted and otherwise generated by users of the website in the course of using the services (including reported sales data for property transactions that are brokered through the platform). With this data, we may:

(a) create datasets that may be used for any purpose (including commercial purposes such as licensing or selling the datasets to third parties);

(b) use the data to identify and offer you TI goods and services (as well as goods and services of our trusted partners) that we think you may be interested in; and

(c) use data analytics tools to produce data products for third parties such as reports, statistics and datasets for purposes including research and development, performance optimisation, system and data security, and the development of data products such as industry benchmarks, trends and indices.

11. Linking and Third Party Content

11.1 The website (and our newsletters, offers and notifications) may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites).

11.2 Third Party Content and Third Party Websites are not under the control of TI. TI does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct.

11.3 If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

Part D – Privacy and data collection

12. Cookies

12.1 This website may use ‘cookies’ as part of its interaction with your internet browser. Cookies enable us to provide you with a superior, customer-oriented service. A ‘cookie’ is a small text file placed on your computer by our web server. A cookie can later be retrieved by our website servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. Cookies do not alter the operation of your computer or mobile device in any way.

12.2 It is recommended that you accept cookies to make full use of this website. Cookies may also be used to record non-personalised information such as the date or the pages accessed, for this website’s administration, statistical and maintenance purposes. Any such information will be aggregated and not attributed to individual users.

12.3 Most web browsers allow you to disable cookies on your computer. If you disable cookies, you may be unable to use this website to the fullest and optimum extent.

12.4 We may use the cookies on the website (as well as data collected through these collected) for commercial purposes, including targeting and displaying advertising on our website and on third party websites, social media platforms and advertising networks.

13. Privacy Policy

13.1 TI’s Privacy Policy https://transactinvestmentscom.au/privacy-policy is incorporated by reference into these Terms of Use. The Privacy Policy contains important information about how you can access and correct information we hold about you, how you can complain about a breach by us of the Australian Privacy Principles and how your complaint will be handled.

13.2 By using the website, you agree that we may collect, hold, use and disclose your personal information as described in these Terms of Use, the Privacy Policy and any other privacy notices that we provide you during your use of the website and services.

13.3 When you use the website and the services, we collect personal information that you provide to us or generate through your use of the website. This personal information is used for:

(a) any specific purposes for which you provided it to us;

(b) the general operation of the website, so that you can access and use the functions and services of the website (which include connecting with, and interacting with, other users through the website); and

(c) other purposes as set out in the Privacy Policy or otherwise notified to you.

13.4 If we request information and you decide not to provide us with the information (or authorise us to collect the information from third parties), we may not be able to provide you with the products and services that you have requested.

13.5 If you choose to use certain features of the website, your information may be shared with other users as part of these features. We ask that you carefully consider what information you choose to share and post on the TI platform, and we recommend that you use the platform’s privacy settings to manage who has access to your information.

13.6 We also use certain third party technology service providers to assist us with storing and processing user data as part of the website’s operations. Some of these service providers may be located outside of Australia. Please refer to the Privacy Policy for further details.

Part E – Liability

14. Disclaimer

14.1 In this clause 14, Consumer Guarantees means a right or guarantee you may have under the Australian Consumer Law in schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation, or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

14.2 Nothing in this clause 14 limits, restricts, modifies or excludes:

(a) any rights or remedies you have under the Consumer Guarantees; or

(b) any other rights or remedies that cannot be lawfully excluded by agreement of the parties.

14.3 The website and its contents and associated services and functionality are provided “as is”. By accessing the website, you assume all risks associated with its use, including the risk that your computer, software or data may be damaged by any virus transmitted by this website or by any Third Party Content or Third Party Website. With the exception of any Consumer Guarantees that might apply, TI excludes:

(a) any term, condition or warranty that may otherwise be implied into these Terms of Use, including (but not limited to) any term, condition or warranty that:

(i) the website or any of its functions will be uninterrupted, available or error free;

(ii) defects will be corrected; or

(iii) the website or any server that makes it available is free of errors, viruses or malicious code;

(b) any liability due to any delay or unavailability of any part of the website, any of its functionality or associated services;

(c) any liability for loss or damage incurred as a result of or in connection with the negligence of TI; and

(d) any liability for special, indirect or consequential loss however caused (including negligence),

arising out of or in connection with the website content, the use or performance of this website or services provided by TI in relation to or via this website.

14.4 Our liability in respect of any breach of, or failure to comply with, any applicable Consumer Guarantee is limited to:

(a) the supplying of the services again; or

(b) the payment of the cost of having the services supplied again, unless:

(i) the goods or services supplied are goods or services ‘of a kind ordinarily acquired for personal, domestic or household use or consumption’, as that expression is used in section 64A of the Australian Consumer Law;

(ii) it is not ‘fair or reasonable’ for us to rely on such limitation in accordance with section 64A(3) of the Australian Consumer Law; or

(iii) the relevant Consumer Guarantee is a guarantee pursuant to sections 51, 52 or 53 of the Australian Consumer Law.

15. Jurisdiction

These terms and conditions are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts in that state.

Part F – Contact details

16. Contact details

If you have any queries regarding these terms and conditions, please contact us at info@transactinvestments.com.

Last updated: 24 April 2020.

Privacy Policy


Transact Investments Pty Ltd (ACN 636 409 795) and its related bodies corporate (TI, we, our) are committed to complying with applicable privacy laws in relation to the personal information that we collect in the course of running our business.

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

Please take a moment to read our Privacy Policy as it explains how we manage personal information including our obligations and your rights in respect of our dealings with your personal information.

We may modify this Privacy Policy at any time. You should review this Privacy Policy periodically so that you are updated on any changes.

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); and

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.

One of the primary ways that we collect and handle personal information is through the TI platform, which is available at our website located at https://transactinvestments.com.au (the Website).

Please refer to the Terms of Use for the Website (available at https://transactinvestments.com/terms-of-use).  The Terms of Use set out the requirements for using the TI platform, and provide further details about how the platform works and the types of information that may be collected and processed when you use the platform.

1. How we collect your personal information

We will collect and hold your personal information in a fair and lawful manner, and not in an intrusive way.  Where it is reasonably practical to do so, we will collect your personal information directly from you. We may collect the personal information you directly give us through some of the following means:

(a) when you register with and use the TI platform, or otherwise use the Website;

(b) in administering and performing any contracts with service providers;

(c) when you contact us via telephone or other means;

(d) from correspondence (whether in writing or electronically);

(e) while conducting any customer satisfaction and market research surveys;

(f) when administering any of our services;

(g) data relating to your activities on the Website and the TI Platform (including IP addresses) via tracking technologies such as cookies, web beacons and measurement software or data relating to survey responses; and

(h) as otherwise required to manage our business.

However, in certain cases we may collect personal information from publicly available sources and third parties, such as suppliers, recruitment agencies, your employers, contractors, our clients, business partners.

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 type of personal information we may collect can include (but is not limited to) your name, postal address, current address, whether you are from overseas or local, email address, phone numbers, date of birth and details/preferences in respect of properties that you are interested in purchasing.

If you register an account on the TI platform, the types of personal information that we collect about you will depend on what type of account you register.  For example:

(a) If you are an Investor, in addition to the information set out above, we will collect information that you provide us about your property preferences, criteria and details of your requested investor mandate, as well as information about how you use the Website and interact with the properties that are listed.

(b) If you are a Seller, we may collect information about your job title, agency (if any), your real estate licence (if any), your contact details and the commercial details of the property that you are seeking to sell.

We will also collect any information that you provide us to complete your user profile for the TI platform.  This information will be displayed as part of your user profile on the platform, and shared with other users as you use the platform.

When you sign in to the TI platform, we log certain data about the activities you conduct through your user account (such as properties you view and connections you make with other users).

We only collect sensitive information about you with your consent, or otherwise in accordance with the Privacy Act.

Where you do not wish to provide us with your personal information, we may not be able to provide you with requested goods or services.

3. Our purposes for handling your personal information

As a general rule, we only process personal information for purposes that would be considered relevant and reasonable in the circumstances.

We collect, hold, use and disclose personal information to:

(a) confirm your identity;

(b) operate the TI platform, which allows users to connect with each other and (among other things) share information;

(c) offer and provide you with our goods and services via the TI platform;

(d) send you TI newsletters, offers for our products and services (and products and services of our trusted partners) and notifications to which you have subscribed;

(e) manage and administer those goods and services, including account keeping procedures;

(f) optimise and customise the user experience (including content and advertising) for users of the TI platform and our other websites and services;

(g) protect the security and integrity of the TI platform and our other website and services;

(h) develop and improve the TI platform and our other products and services;

(i) to produce and commercialise datasets and data reports, as described in the Terms of Use;

(j) communicate with you, including (but not limited to) emailing you tax invoices;

(k) combine your personal information with information that the Website has collected from its service providers, third parties, cookies or web beacons in order to provide you with a better or more relevant and personalised experience and to improve the quality of its services and the services of third parties. For example, we may combine behavioural data we have collected about you through the use of cookies or web beacons and combine it with your personal information from requests you send to third parties through our website;

(l) comply with our legal and regulatory obligations; and

(m) otherwise to manage our business.

4. Who we disclose your personal information to

The types of persons, agencies and entities we typically disclose personal information to include (but are not limited to) our suppliers, contractors (such as any mail house), trusted partners who offer products and services that we think you may be interested in (such as financial advisors, insurance providers, property services and utility providers), organisations that provide us with technical and support services (these include third party technology service providers to assist us with storing and processing user data as part of the website’s operations) and our professional advisors.

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.

When you use the TI platform via the Website, some of the features may involve sharing your personal information with other users (including the investor mandate matching function, direct messaging and public forums).  You can use your account’s privacy settings on the Website to manage who has access to your information. Please carefully consider what information you choose to share with other users and post on the TI platform.

As part of the TI platform’s focus on matching prospective investors and sellers of properties, we track certain user activities on the platform and may provide sellers with certain statistics, insights and reporting.  For example:

(a) if you are a investor, information that you upload to your investor dashboard or in respect of an investor mandate will become visible to an seller, once an investor mandate has been matched to a seller’s property and the investor agrees with his/her details being provided to the seller and/or a TI agent;

(b) when an investor mandate is matched with an seller’s property, and the investor agrees with his/her details being provided to the seller and/or a TI agent:

(i)  the seller and/or a TI agent will be sent a notification with the investor’s dashboard details; and

(ii) the investor will also be sent a notification that the investor’s dashboard details have been provided to the seller and/or a TI agent;

(iii) the investor will be sent a notification with the seller and/or a TI agent dashboard details;

(c) sales data for transactions brokered through the TI platform may be shared with the investor and the seller.

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 domestically or 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 and ensuring that employees and third parties with access to records containing personal information are subject to appropriate information security obligations.

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

Like most businesses, marketing is important to our continued success. We therefore like to stay in touch with customers and let them know about new offers and opportunities. We may provide you with information about products, services and promotions either from us, or from third parties which may be of interest to you.

You may opt out at any time if you no longer wish to receive direct marketing messages from us. You can make this request by contacting our Privacy Officer.

7. Cookies

A cookie is a small text file stored in your computer’s memory or on your hard disk for a pre-defined period of time. We use cookies to identify specific machines in order to collect aggregate information on how visitors are experiencing the Website. This information will help to better adapt the Website to suit personal requirements. While cookies allow a computer to be identified, they do not permit any reference to a specific individual. For information on cookie settings of your internet browser, please refer to your browser’s manual.

We may use third party vendors to show our ads on sites on the Internet and serve these ads based on a user’s prior visits to our Website.  We may also use analytics data supplied by these vendors to inform and optimise our ad campaigns based on your prior visits to our Website.

Without limiting the above, we may also use the cookies on the website (as well as data collected through these cookies) for other commercial purposes, including targeting and displaying advertising on the Website and on third party websites, social media platforms and advertising networks.

8. Accessing and correcting your personal information

You may contact our Privacy Officer to request access to the personal information that we hold about you and/or to make corrections to that information, at any time. On the rare occasions when we refuse access, we will provide you with a written notice stating our reasons for refusing access. We may seek to recover from you reasonable costs incurred for providing you with access to any of the personal information about you held by us.

We are not obliged to correct any of your personal information if we do not agree that it requires correction and may refuse to do so. If we refuse a correction request, we will provide you with a written notice stating our reasons for refusing.

We will respond to all requests for access to or correction of personal information within a reasonable time.

9. Overseas transfers of personal information

We may disclose your personal information to our related entities, service providers and agents located overseas. From time to time we may also engage an overseas recipient to provide services to us, such as cloud-based storage solutions. Please note that 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 such overseas recipients for purposes necessary or useful in the course of operating our business. For the avoidance of doubt, in the event that an overseas recipient breaches the Australian Privacy Principles, that entity will not be bound by, and you will not be able to seek redress under, the Privacy Act.

10. Resolving personal information 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:

Privacy Officer: Chris Zielinski

Email: info@transactinvestments.com

We take all complaints seriously, and will respond to your complaint within a reasonable period.

If you are dissatisfied with the handling of your complaint, you may contact the Office of the Australian Information Commissioner.

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.

Last updated: 24 April 2020.