Privacy Policy

HN Conveyancing Pty Ltd (ABN: 63 660 670 443) trading as HN Conveyancing (“HN Conveyancing”, “we”, “us” or “our”) is committed to protecting the privacy and security of personal information entrusted to us.

We provide conveyancing and property-related services in Victoria, including property buying and selling, contract and Section 32 reviews, preparation of contracts and Section 32 statements, business sales and purchases, subdivisions and related conveyancing services.

As a conveyancer providing services that may constitute designated services under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act), we may also be required to collect, verify, use, retain and disclose personal information to meet our legal and regulatory obligations.

This Privacy Policy explains how we collect, hold, use and disclose personal information and how individuals may exercise their privacy rights.

This Policy is intended to comply with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), and to reflect our obligations as an AML/CTF reporting entity.

This Policy applies to personal information we collect and hold about individuals, including:

• clients and prospective clients;
• purchasers and vendors;
• property owners;
• directors, shareholders and beneficial owners;
• attorneys and authorised representatives;
• trustees and beneficiaries;
• agents and representatives;
• employees and prospective employees;
• contractors and service providers;
• other parties involved in a conveyancing or property transaction; and
• individuals who contact us or interact with our website or business.

Where we collect personal information from or about another individual on behalf of a client, we will handle that information in accordance with applicable privacy laws and our professional obligations.

“Personal information” generally means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information is recorded in material form or not.

The information we collect will depend on the nature of the matter and the services we provide.

Depending on the circumstances, we may collect and hold:

Identification and contact information

• full name;
• date of birth;
• residential and postal address;
• telephone numbers;
• email address;
• occupation;
• identification documents and identification information;
• signatures;
• Australian driver’s licence details;
• passport details; and
• other information reasonably required to verify identity.

Property and transaction information

• property addresses;
• title and ownership information;
• contract and Section 32 information;
• settlement information;
• mortgage and lender information;
• bank account and payment details;
• purchase price and sale price;
• deposit information;
• information concerning property ownership and interests;
• information concerning trusts, companies and other entities; and
• correspondence and documents relating to the transaction.

AML/CTF information

Where required by law, we may collect information necessary to undertake customer due diligence and manage money laundering, terrorism financing and proliferation financing risks.

This may include information relating to:

• identity;
• beneficial ownership;
• source of funds or wealth, where required;
• occupation or business activities;
• nature and purpose of the transaction or business relationship;
• politically exposed person status;
• sanctions screening;
• risk assessments; and
• other information required under the AML/CTF Act and Rules.

We will seek to limit collection to information that is reasonably necessary for our legal obligations and business functions.

Sensitive information

In limited circumstances, we may collect sensitive information where it is reasonably necessary and permitted or required by law.

Sensitive information may include information such as health information, racial or ethnic origin, religious beliefs, criminal record information or biometric information.

We will only collect sensitive information where permitted or required by applicable law and where appropriate consent or another lawful basis applies.

We may collect personal information directly from you, including when you:

• contact us by telephone, email or in person;
• request a quote or engage us;
• complete a client questionnaire or form;
• provide identification documents;
• provide information during a conveyancing transaction;
• communicate with our staff;
• use our website;
• subscribe to communications or marketing;
• provide information through electronic platforms; or
• otherwise communicate with us.

We may also collect personal information from third parties where reasonably necessary, including:

• real estate agents;
• solicitors and other professional advisers;
• financial institutions and lenders;
• mortgage brokers;
• government departments and authorities;
• councils and statutory authorities;
• Land Use Victoria and other property-related authorities;
• PEXA and other electronic settlement platforms;
• title search and property information providers;
• identity verification providers;
• AML/CTF screening or verification providers;
• our clients or their authorised representatives; and
• other parties involved in the transaction.

Where permitted or required by law, we may collect information without obtaining it directly from the individual concerned.

We collect, hold, use and disclose personal information for purposes including:

• providing conveyancing and property services;
• preparing and reviewing contracts and Section 32 statements;
• conducting property and title searches;
• facilitating property settlements;
• communicating with clients and transaction parties;
• liaising with real estate agents, lenders, brokers, councils, authorities and other professional advisers;
• establishing and verifying identity;
• complying with AML/CTF obligations;
• conducting customer due diligence;
• assessing and managing financial crime risks;
• complying with taxation, accounting and other legal obligations;
• complying with court orders and lawful requests from government agencies;
• preventing fraud and other unlawful activities;
• managing our business and professional obligations;
• maintaining appropriate business and transaction records;
• managing complaints and disputes;
• improving our services and systems;
• communicating information about our services where permitted; and
• protecting the rights, property and safety of our clients, employees and business.

We will not generally use or disclose personal information for a purpose unrelated to the purpose for which it was collected unless permitted or required by law or otherwise authorised.

HN Conveyancing may be required to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and associated Rules.

As part of these obligations, we may need to:

• identify and verify customers;
• identify beneficial owners and controlling persons;
• understand the nature and purpose of a business relationship or transaction;
• conduct ongoing customer due diligence;
• assess and manage money laundering, terrorism financing and proliferation financing risks;
• conduct screening and monitoring;
• maintain AML/CTF records;
• report certain matters to AUSTRAC; and
• respond to lawful requests from AUSTRAC or other authorities.

The Privacy Act does not prevent reporting entities from collecting, using or disclosing personal information where this is required to comply with AML/CTF obligations. However, collection should remain limited to information reasonably necessary for those obligations and our other lawful functions.

In some circumstances, we may be legally prohibited from informing an individual about certain AML/CTF activities, including whether a suspicious matter has been identified or reported, where doing so could constitute unlawful “tipping off”.

Accordingly, there may be circumstances where we cannot provide the level of detail ordinarily provided in response to a privacy enquiry.

We may disclose personal information where reasonably necessary for the purposes described in this Policy.

Depending on the circumstances, information may be disclosed to:

• our employees and contractors;
• other conveyancers or legal practitioners;
• real estate agents;
• lenders and financial institutions;
• mortgage brokers;
• PEXA and electronic settlement service providers;
• government departments and statutory authorities;
• Land Use Victoria;
• local councils;
• courts and tribunals;
• AUSTRAC and other law enforcement or regulatory authorities;
• identity verification and AML/CTF service providers;
• information technology and cloud service providers;
• accountants, auditors and professional advisers;
• insurers;
• debt recovery providers;
• document management and storage providers;
• payment service providers; and
• other persons or organisations where disclosure is required, authorised or reasonably necessary to provide our services.

We will only disclose personal information where permitted or required by law and, where applicable, in accordance with the Australian Privacy Principles.

We take reasonable steps to protect personal information from:

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

Our security measures may include:

• access controls;
• password protection;
• multi-factor authentication where available;
• secure electronic systems;
• restricted access to client files;
• secure document storage;
• system backups;
• staff training;
• cybersecurity measures;
• secure disposal of information; and
• procedures for responding to suspected data breaches.

We regularly review our information security practices having regard to the nature and sensitivity of the information we hold.

If we become aware of a suspected or confirmed data breach, we will assess the incident and take appropriate steps to contain, investigate and remediate it.

Where required by the Notifiable Data Breaches scheme, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC).

Our response will depend on the nature, extent and potential consequences of the incident.

We take reasonable steps to ensure that personal information we collect, use and disclose is accurate, complete and up to date.

You should notify us if your personal information changes or if you become aware that information we hold about you is incorrect.

You may request access to personal information that we hold about you.

To request access, please contact:

We will generally respond to an access request within a reasonable period.

In some circumstances, we may refuse access where permitted or required by law. If we refuse access, we will generally provide reasons for our decision unless it would be unreasonable or unlawful to do so.

If you believe that personal information we hold about you is inaccurate, incomplete, out of date or misleading, you may request that we correct it.

We will take reasonable steps to correct information where appropriate.

If we refuse a correction request, we will generally provide reasons for the refusal and explain any further steps available to you.

If you believe that HN Conveyancing has breached the Privacy Act, the Australian Privacy Principles or this Privacy Policy, you may make a complaint to us.

Complaints should be directed to:

Please provide sufficient information to allow us to investigate your complaint.

We will acknowledge and investigate privacy complaints and aim to respond within a reasonable timeframe.

The OAIC recommends that organisations have processes to respond to privacy complaints within a reasonable timeframe, with 30 days being a useful benchmark.

If you are not satisfied with our response, you may contact the:

Office of the Australian Information Commissioner (OAIC)

The OAIC may investigate complaints concerning privacy matters after an individual has first attempted to resolve the matter directly with the organisation.

We may use your personal information to communicate with you about our services, educational information, property and conveyancing updates, events or other information where permitted by law.

You may opt out of receiving direct marketing communications at any time by contacting us or using the unsubscribe facility provided in an electronic communication.

We will not sell your personal information to third parties for their own marketing purposes.

When you visit our website, we may collect technical information such as:

• IP address;
• browser type;
• device information;
• operating system;
• pages visited;
• date and time of access; and
• other information generated through website usage.

We may use cookies and similar technologies to improve website functionality, understand website usage and improve our services.

Where third-party analytics, advertising or website technologies are used, their collection and handling of information may also be subject to their own privacy policies.

Our website or electronic communications may contain links to third-party websites.

We are not responsible for the privacy practices or content of third-party websites.

You should review the privacy policy of any third-party website before providing personal information.

We retain personal information only for as long as reasonably necessary for the purposes for which it was collected, unless a longer period is required or authorised by law.

As an AML/CTF reporting entity, we may be required to retain certain customer due diligence, transaction and AML/CTF records for at least seven years, subject to the applicable statutory requirements and circumstances.

Where personal information is no longer required and there is no legal or regulatory requirement to retain it, we will take reasonable steps to securely destroy or de-identify it.

In certain circumstances, you may interact with us without identifying yourself or by using a pseudonym.

However, this may not be possible where:

• we are required by law to identify you;
• identification is necessary to provide the requested conveyancing service;
• identification is required for AML/CTF customer due diligence;
• we are required to verify your identity;
• we are required to comply with a legal obligation; or
• it would be impracticable to deal with you without identifying you.

In particular, AML/CTF obligations may require us to identify and verify customers before providing certain designated services.

Our services are generally directed towards adults.

If we collect personal information about a child, we will take reasonable steps appropriate to the circumstances to ensure that the information is handled in accordance with applicable privacy requirements.

Certain personal information relating to current or former employees may be subject to the employee records exemption under the Privacy Act where the exemption applies.

We will nevertheless seek to handle employee information responsibly and in accordance with applicable employment, privacy and other laws.

Our handling of personal information may also be affected by:

• conveyancing legislation and regulations;
• professional conduct obligations;
• client confidentiality obligations;
• legal professional privilege where applicable;
• court orders;
• statutory requirements;
• AML/CTF legislation;
• obligations to government and regulatory authorities; and
• other applicable Commonwealth and Victorian laws.

Where a legal obligation requires us to collect, use or disclose information, that obligation may take precedence over an individual’s request that the information not be collected, used or disclosed.

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

• changes to legislation;
• changes to our services;
• changes to our information handling practices;
• changes to technology or service providers;
• regulatory guidance; or
• changes to our AML/CTF obligations.

The most recent version will be made available on our website.

We recommend reviewing this Policy periodically.

If you have questions about this Privacy Policy or how HN Conveyancing handles personal information, please contact: