RE Software Website Privacy Policy

Introduction

This Privacy Policy explains how RE Software Pty Ltd (RE Software, we, us or our) collects, holds, uses, processes and discloses personal information.

RE Software provides the Auctions Live and Offers Live software platforms, which enable Subscribers to manage auctions, bidder registrations, offers, transactions and related processes.

We are committed to protecting personal information and complying with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), the Privacy Act 2020 (New Zealand) and applicable Information Privacy Principles (IPPs), together with other privacy laws that may apply to our activities.

This Privacy Policy should be read together with our applicable Website Terms, Bidder Terms, Offers Terms, API Policy and any other terms applying to a particular service.

Who This Privacy Policy Applies To

This Privacy Policy applies to individuals who interact with RE Software, Auctions Live, Offers Live and our associated websites, applications, platforms and APIs, including:

Bidders using Auctions Live.
Buyers using Auctions Live or Offers Live.
Vendors and their representatives.
Subscribers, including agencies, auction businesses, corporate users and other organisations using our services, and their employees, contractors and authorised users.
Agents and auctioneers using our platforms.
Visitors to our websites and applications.
Individuals whose personal information is provided to us by a Subscriber, integration partner or other authorised third party.

Definitions

For the purposes of this Privacy Policy:

Provider means RE Software Pty Ltd, including where it provides services under the Auctions Live brand, the Offers Live brand, or both, and where applicable its related bodies corporate.
Subscriber means an agency, auction business, corporate user or other entity that subscribes to or is authorised to use our services, including its authorised employees, contractors and representatives.
Platforms means Auctions Live, Offers Live and any related applications, consoles, services, APIs or software provided by RE Software.
SaaS means Software as a Service.
Website means www.auctionslive.com, including applicable subdomains, web applications, mobile applications and APIs operated by or on behalf of RE Software.
Personal information has the meaning given to that term under applicable privacy laws and generally means information or an opinion about an identified individual or an individual who is reasonably identifiable.
Privacy Laws means the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Privacy Act 2020 (New Zealand) and any other applicable privacy legislation.
You or your means an individual who interacts with one or more of our Websites, Platforms or services.

Acknowledgement and Consent

By accessing or using one or more of our Websites, Platforms or services, you acknowledge that personal information may be collected, held, used and disclosed as described in this Privacy Policy.

Where Privacy Laws require your consent for a particular collection, use or disclosure of personal information, including certain categories of sensitive information, we will obtain that consent or ensure that another lawful basis applies.

Nothing in this Privacy Policy is intended to replace any separate consent that may be required by law.

We may update this Privacy Policy from time to time. The latest version will be published on our Website.

Personal Information We Collect

The types of personal information we collect or hold depend on how you interact with our services and may include:

Identity and contact information, including your name, residential or postal address, email address, telephone number and date of birth.
Agency and professional information, including agency, office, licence, employment or professional details.
Professional representative information, including solicitor, conveyancer or other representative details where required.
Government-issued identification, including driver licence, passport or other identification information where required for identity verification, registration or legal or regulatory purposes.
Bidding and auction records, including bidder registration information, bidding history, paddle or bidder numbers, participation records, activity logs and auction outcomes.
Offer information, including offer price, deposit amount, conditions, settlement terms, communications and supporting documents submitted through Offers Live.
Financial and payment information, including bank account or payment information required to process deposits, payments, fees or refunds.
Financial capacity information, including pre-approval letters or proof of funds voluntarily provided through a transaction process.
Vendor information, including property or asset ownership information, reserve prices, contractual documents and campaign information.
Identity verification information, including information submitted through an identity verification process and the outcome or status returned by an identity verification provider.
Device and technical information, including IP address, browser, operating system, device type, login history, system activity, cookies, analytics information and technical logs.
Communications, including emails, messages, enquiries, support tickets, survey responses and, where applicable and lawfully collected, call recordings.
Integration data, where information is transferred to or from a Subscriber's CRM, property management system, MLS, API, XML feed or other authorised integration.

Sensitive Information and Identity Verification

RE Software does not generally seek to collect sensitive information unless it is reasonably necessary for our functions or activities, required or authorised by law, or collected with appropriate consent.

Government-issued identification such as a driver licence or passport may constitute personal information and may be collected or processed where required for identity verification or legal and regulatory purposes.

Some identity verification processes may involve biometric information, including facial images or other biometric data used for automated biometric verification or identification. Under Australian Privacy Law, certain biometric information used for these purposes is considered sensitive information and is subject to additional protections.

Where identity verification is provided through a third-party service provider, some information may be collected or processed directly by that provider.

Where RE Software collects or holds sensitive information, we will handle it in accordance with applicable Privacy Laws and any required consent.

We do not intentionally collect unrelated sensitive information such as information concerning a person's religion, political opinions, sexual orientation or health unless such collection is authorised or required by law and relevant to the services being provided.

How We Collect Personal Information

We may collect personal information directly from you when you:

Register as a bidder, buyer, vendor, agent or authorised user.
Submit an offer.
Participate in an auction.
Complete an identity verification process.
Use one of our Websites, applications, consoles or Platforms.
Create or manage an account.
Upload documents or information.
Contact our support or customer service team.
Complete a form or survey.
Communicate with a Subscriber through our Platforms.
Make a payment or request a refund.
Otherwise interact with RE Software or our services.

We may also collect personal information indirectly, including:

From a Subscriber where the Subscriber enters, imports or otherwise provides information relating to you.
From an agent or auctioneer managing an auction, offer or transaction.
Through an authorised CRM, MLS, API, XML feed or other integration.
From identity verification providers.
From payment processors.
From technology, analytics, communications, hosting and security providers.
From publicly available sources where collection is permitted by law.

Where applicable Privacy Laws require us to notify you about personal information collected indirectly, including under New Zealand Information Privacy Principle 3A, we will take reasonable steps to provide the required information unless an applicable exception applies.

Why We Collect and Use Personal Information

We may collect, hold and use personal information to:

Facilitate identity verification, bidder and buyer registration and provide Subscribers with information they may use to manage participation in auctions, offers and other transaction processes.
Enable individuals to register for and participate in auctions.
Enable individuals to submit and manage offers.
Provide Subscribers with the technology and information necessary to manage auctions, offers and transactions.
Maintain bidding, offer and transaction records.
Facilitate communications between relevant parties.
Meet applicable legal and regulatory requirements, including bidder record requirements, AML/CTF obligations where applicable, court orders and other regulatory requirements.
Support vendors, bidders, buyers, agents, auctioneers and Subscribers by providing accurate records of activity and outcomes.
Operate, maintain, support, secure and improve our Websites, Platforms and services.
Detect, investigate and respond to suspected fraud, security incidents, misuse or unauthorised activity.
Process payments, deposits, refunds and other authorised financial transactions.
Provide technical and customer support.
Conduct research, analytics, service monitoring, quality assurance and product development.
Manage accounts and subscriptions.
Resolve disputes and investigate complaints.
Communicate important service, platform, auction, offer, registration or transaction information.
Market our own products, services, features and events where permitted by law.

If you do not provide information reasonably required for a particular service, it may not be possible for us, the relevant Subscriber or both to complete a registration, identity verification process, offer, transaction or other requested service.

Subscriber Decisions and Responsibility

RE Software provides software and technology that enables Subscribers to manage auctions, bidder registrations, offers and related transaction processes.

RE Software does not make the ultimate decision as to whether an individual is permitted to participate in an auction, submit an offer or otherwise participate in a transaction managed by a Subscriber.

Where a registration, identity verification result, offer, supporting document or other information is submitted through Auctions Live or Offers Live, the relevant Subscriber and its authorised personnel are responsible for reviewing that information and making decisions concerning eligibility, approval, acceptance, participation or any other transaction-related outcome.

These decisions are made by authorised personnel acting for the relevant Subscriber.

RE Software provides the technology through which information may be collected, processed, displayed, communicated and recorded but does not replace the Subscriber's responsibility for decisions made in relation to its auction, offer or transaction process.

Subscribers may also have their own privacy obligations and privacy policies governing how they collect, use and disclose personal information.

Automated Processes and Automated Decision-Making

Our Platforms use software automation to perform functions necessary to provide our services efficiently and securely.

These functions may include:

Validating information entered into the Platforms.
Processing registration information.
Processing bidding and offer activity.
Generating system messages and notifications.
Maintaining system records and activity logs.
Supporting security and fraud-prevention functions.
Facilitating integrations and data transfers.
Supporting identity verification workflows.
Receiving and displaying verification results from third-party service providers.
Performing other administrative or technical functions associated with providing our Platforms.

Third-party identity verification services may use automated processes to perform one or more of the following functions: comparing, validating or assessing information provided during an identity verification process and may return a result, status or other information.

That information may then be presented through our Platforms to the relevant Subscriber.

RE Software does not use artificial intelligence or automated systems to make the ultimate decision as to whether an individual may participate in an auction, submit an offer or otherwise participate in a transaction managed by a Subscriber.

The relevant Subscriber and its authorised personnel remain responsible for reviewing information and making those decisions.

Automated processes associated with significant decisions

To the extent required by Australian Privacy Principle 1:

Kinds of personal information that may be used by automated processes include:

name;
date of birth;
address and contact details;
registration information;
government-issued identification information;
identity verification information;
images or biometric information where an identity verification process requires it;
verification results;
bidding or offer information;
device information;
IP address;
security and technical information; and
other information relevant to the particular process.

Decisions made solely by automated systems

As at the date of this Privacy Policy, RE Software does not arrange for Auctions Live, Offers Live or both to make a decision solely by automated means that determines whether an individual is ultimately approved or permitted to participate in an auction, submit an offer or participate in a transaction managed by a Subscriber.

Automated processes related to decisions made by Subscribers

Automated systems may perform functions substantially and directly related to a decision ultimately made by a Subscriber's authorised personnel.

For example, an identity verification service may automatically assess information provided by an individual and return a verification result. That result may be displayed to authorised personnel of the Subscriber and considered by them as part of their review.

The automated result itself does not constitute the final decision by RE Software as to whether the individual may participate.

If our use of automated processes changes in a way that affects the disclosures required by Privacy Laws, we will update this Privacy Policy accordingly.

Cookies, Analytics and Tracking Technologies

We use cookies and similar technologies to:

Operate our Websites and Platforms.
Maintain sessions and login functionality.
Remember settings and preferences.
Improve performance and user experience.
Measure Website and Platform usage.
Identify technical issues.
Support security and fraud prevention.
Conduct analytics.

You may disable cookies through your browser settings, device settings or both.

Some functionality may not operate correctly if cookies or similar technologies are disabled.

Direct Marketing

Where permitted by law, we may use personal information to communicate with you about Auctions Live, Offers Live or related RE Software products, services, features, events and information that may be relevant to you.

You may opt out of marketing communications at any time by:

using the unsubscribe function contained in the communication; or
contacting us using the details provided in this Privacy Policy.

Operational, security, transactional or service-related communications may still be sent where necessary to provide a service, manage an account or comply with legal obligations.

We do not disclose personal information to unrelated third parties for their own independent marketing purposes without consent or another lawful basis.

We may share information with related entities for marketing activities consistent with this Privacy Policy and applicable law.

Who We May Disclose Personal Information To

We may disclose personal information, where reasonably necessary, to one or more of the following:

Subscribers, agents and auctioneers involved in managing an auction, offer, registration or transaction.
Vendors, buyers, bidders and professional representatives, including solicitors and conveyancers, where appropriate to the relevant transaction.
Identity verification providers supporting identity verification processes.
Payment processors and financial service providers where required for deposits, payments, refunds or related services.
IT, hosting, communications, analytics and security providers that assist us in operating our Platforms.
CRM, MLS and integration providers where the Subscriber has authorised an integration.
Regulators, courts, law enforcement agencies or government authorities where required or authorised by law.
Professional advisers, including lawyers, accountants, insurers and auditors, where reasonably necessary.
Related entities where reasonably necessary for the purposes described in this Privacy Policy.
Potential purchasers, investors or transaction advisers in connection with a proposed or completed merger, acquisition, restructuring, investment or sale, subject to appropriate confidentiality requirements.

We seek to limit disclosures to information reasonably necessary for the relevant purpose.

Where third-party providers handle personal information on our behalf, we take reasonable steps appropriate to the circumstances to require those providers to protect that information.

Storage and Overseas Access or Disclosure

RE Software's primary platform records are stored on secure servers located in Australia.

Some service providers, integration providers or authorised support personnel may access or process personal information from locations outside Australia or New Zealand.

Where personal information is disclosed overseas, we take reasonable steps as required by applicable Privacy Laws to ensure the information is appropriately protected.

For information relating to individuals in New Zealand, overseas disclosures will be managed consistently with the requirements of the Privacy Act 2020, including Information Privacy Principle 12 where applicable.

The use of some third-party services may involve those providers processing information through their own infrastructure in accordance with their applicable privacy policies and contractual terms.

Security

We take reasonable technical, organisational and administrative measures to protect personal information against:

misuse;
interference;
loss;
unauthorised access;
unauthorised modification; and
unauthorised disclosure.

Access to personal information is restricted to authorised personnel and service providers who require access for legitimate business purposes.

Our security measures may include access controls, authentication measures, monitoring, secure hosting, encryption or other safeguards appropriate to the nature of the information and systems concerned.

No electronic transmission, storage system or technology platform can be guaranteed to be completely secure.

We maintain an internal Data Breach Response Plan to guide our response to suspected or actual privacy and security incidents.

Retention of Personal Information

Whether you are a successful or unsuccessful purchaser, personal information provided when registering as a bidder or submitting an offer through our Platforms may be retained for up to seven (7) years in accordance with our company protocols.

Certain Australian State or Territory laws, New Zealand laws or laws of other jurisdictions may require particular records to be retained for specific periods or legislative purposes.

Information may also be retained where reasonably required for:

legal and regulatory compliance;
dispute management;
fraud and security investigations;
accounting or audit obligations;
contractual obligations; or
establishing, exercising or defending legal claims.

When personal information is no longer reasonably required for the purpose for which it was collected or for legal, regulatory or legitimate business purposes, we will take reasonable steps to destroy it securely or permanently de-identify it, subject to applicable law.

Third-Party Integrations

Our Platforms may integrate with third-party platforms, APIs, services and XML feeds.

The availability and performance of a third-party integration may depend on systems and services outside RE Software's control.

Where a Subscriber or user chooses to use a third-party integration, information may be transferred between RE Software and the relevant third party as required to provide that integration.

Third-party services may have their own terms of service and privacy policies, and users should review those terms where appropriate.

RE Software does not control and cannot guarantee the ongoing availability, security, functionality or performance of third-party services.

Our integrations may include, but are not limited to, the following.

YouTube APIs

RE Software may integrate with YouTube APIs to enable functionality including live streaming and related services.

Google's Privacy Policy is available at: https://www.google.com/policies/privacy

YouTube's Terms of Service are available at: https://www.youtube.com/t/terms

Users of our YouTube integration may also be subject to Google's and YouTube's applicable terms and policies.

Use of YouTube live streaming functionality requires an appropriately enabled and approved YouTube account.
Google APIs

RE Software uses Google API Services, which may include services such as Google Calendar and Google Analytics.

Google's API Services User Data Policy is available at: https://developers.google.com/terms/api-services-user-data-policy

Where RE Software accesses or uses information through Google API Services, we handle that information consistently with applicable Google requirements and this Privacy Policy.

Users can manage or revoke access granted to applications through applicable Google account security settings.
Zoom APIs

RE Software may integrate with Zoom services.

Zoom's Privacy Statement is available at: https://explore.zoom.us/en/privacy/

Zoom's applicable terms are available at: https://explore.zoom.us/en/legal/zoom-api-license-and-tou/

Use of Zoom functionality may require an appropriate Zoom account or subscription and is also subject to Zoom's applicable policies and terms.
CRM and MLS APIs

RE Software provides functionality allowing Subscribers to integrate Auctions Live, Offers Live or both with supported real estate CRM systems, MLS systems and other third-party platforms using APIs, XML feeds or both.

Information may be exchanged between systems where the Subscriber has enabled or authorised the integration.

The performance, availability and accuracy of third-party systems remain subject to the relevant third-party provider.
OneSpan Sign APIs

RE Software may provide electronic signing functionality integrated into its digital auction services and powered by OneSpan Sign.

Use of this functionality may involve information being provided to or processed by OneSpan in accordance with its applicable privacy and contractual terms.

OneSpan's terms and associated schedules are available at: https://www.onespan.com/master-terms-and-schedules

Additional information about the integration is available at: https://auctionslive.com/auctionslive-solutions/expansion-packs/contract-signing

Users and Subscribers are responsible for ensuring that electronic signing is appropriate for the relevant document, transaction and jurisdiction.
Real Time Agent (RTA) APIs

RE Software enables mutual clients of Real Time Agent | Agent Solutions powered by Domain to integrate supported services with Auctions Live.

Where an integration is enabled, data may be transferred between the relevant systems to support the transaction workflow.

Additional information concerning this integration is available at: https://auctionslive.com/auctionslive-solutions/rta-integration

The availability, transmission and completion of functions performed by third-party systems remain subject to the relevant third-party service.
Meta/Facebook APIs

RE Software may integrate with Meta/Facebook services, including functionality associated with live streaming.

Meta's Privacy Policy is available at: https://www.facebook.com/privacy/policy/

Meta's applicable platform terms are available at: https://developers.facebook.com/terms/dfc_platform_terms/

Use of Meta/Facebook functionality is subject to Meta's applicable account requirements, terms and platform policies.

Access to Personal Information

You may request access to personal information that RE Software holds about you.

Requests can be submitted to our Privacy Officer using the contact details in this Privacy Policy.

We may need to verify your identity before providing access.

We will respond within the timeframe required by applicable law or, where no specific timeframe applies, within a reasonable period.

There may be circumstances in which access can be refused or limited under applicable Privacy Laws. Where required, we will provide an explanation for the refusal.

We do not charge a fee simply for making an access request. Where permitted by law, reasonable costs associated with providing access may apply.

Correction of Personal Information

You may request correction of personal information that you believe is inaccurate, out of date, incomplete, irrelevant or misleading.

Where information has been provided by a Subscriber or another authorised party, we may contact that party as part of reviewing your request.

Where appropriate, we will:

Review the information and supporting evidence.
Consult the relevant Subscriber where necessary.
Correct the information where appropriate.
Notify relevant parties of the correction where required by law.
Where permitted by applicable law and where we do not agree to make a requested correction, record an appropriate statement or notation if requested.
Communicate the outcome of the request.

Data Breaches

RE Software maintains processes for identifying, assessing, managing and responding to actual or suspected data breaches.

Where a breach is subject to the Australian Notifiable Data Breaches scheme, we will assess the incident and notify affected individuals and the Office of the Australian Information Commissioner where required by law.

Where the New Zealand Privacy Act 2020 applies, we will assess whether a privacy breach has caused or is likely to cause serious harm and will make notifications required under that Act.

Where another jurisdiction applies, we will respond in accordance with applicable notification requirements.

Complaints

If you have a concern or complaint regarding the way RE Software has collected, held, used, disclosed or otherwise handled your personal information, please contact our Privacy Officer.

Please provide enough information for us to understand and investigate your concern.

We will review privacy complaints and respond within a reasonable period.

If you are not satisfied with our response, you may have the right to contact the relevant privacy regulator.

Australia: Office of the Australian Information Commissioner (OAIC) – https://www.oaic.gov.au/
New Zealand: Office of the Privacy Commissioner – https://www.privacy.org.nz/

If you are located outside Australia or New Zealand, you may also have rights to contact an applicable privacy or data protection authority in your jurisdiction.

Third-Party Websites and Links

Our Websites and Platforms may contain links to websites, applications and services operated by third parties.

RE Software does not control those third parties and is not responsible for their privacy practices, security or content.

We recommend reviewing the relevant third party's privacy policy before providing personal information directly to that third party.

Changes to This Privacy Policy

We may amend this Privacy Policy from time to time to reflect:

changes to our products and services;
changes to our business operations;
changes to technology;
changes to third-party integrations;
changes to Privacy Laws or regulatory guidance; or
changes to the way we collect, use or disclose personal information.

The most current version will be published on our Website.

Where a change is significant, we may take additional reasonable steps to communicate the change.

The date appearing at the beginning of this Privacy Policy identifies when it was most recently updated.

Contact Us

Questions, access requests, correction requests and privacy complaints can be directed to:

Privacy Officer

RE Software Pty Ltd

Email: privacy@resoftware.com.au

Postal Address: PO Box 3319, North Strathfield NSW 2137, Australia

Business Address: Level 1, 22 Spencer Street, Five Dock NSW 2046, Australia

Role-Specific Privacy Summary

The following summary provides a general overview of how personal information may be handled for different users of our Platforms.

Bidders – Auctions Live

We may collect identity, contact, registration, identity verification, device and bidding information to facilitate bidder registration, auction participation, record keeping and related services.

Relevant information may be made available to the Subscriber, agent, auctioneer or regulator where appropriate or required by law.

The relevant Subscriber and its authorised personnel are responsible for decisions concerning a bidder's approval or participation.

Buyers – Offers Live

We may collect identity, contact, offer, transaction and supporting information to facilitate the offer process and provide the relevant Subscriber with the information required to manage that process.

Relevant information may be made available to the selling agent, Subscriber, vendor and authorised representatives where appropriate.

The relevant Subscriber and its authorised personnel remain responsible for decisions concerning the management, acceptance or rejection of offers and participation in the transaction.

Vendors

We may collect identity, property or asset, campaign and transaction information to enable the relevant Subscriber to list, market and manage the sale of an asset.

Information may be shared with the Subscriber, agent, auctioneer, bidder, buyer, professional representative or regulator where appropriate to the relevant transaction or required by law.

Subscribers, Agents and Auctioneers

We may collect identity, contact, account, login, device, usage and activity information to manage accounts, provide our Platforms, support regulatory and compliance processes, provide technical support, maintain security and improve our services.

Subscribers remain responsible for their own handling of personal information and for decisions they make using information available through our Platforms.

General