Privacy Policy
We respect your privacy
1. About this policy
1.1. This is the privacy policy of each of the following licensed real estate agencies in New South Wales:
(a) Martin Sales Pty Ltd ATF the SSR - VP3 Trust trading as MGM Martin Sales (ABN 61 680 284 258, NSW Agency Licence No. 1159373) (the Sales Entity), which provides sales, auction and appraisal services; and
(b) Martin Management Pty Ltd ATF the SSR Property Management Trust trading as MGM Martin Management (ABN 69 274 392 036, NSW Agency Licence No. 1396205) (the Management Entity), which provides leasing and property management services.
1.2. Where this policy refers to "we", "us" or "our", it means the Sales Entity, the Management Entity, or both, depending on which of us you deal with. Each of us respects your right to privacy and is committed to handling your personal information openly and transparently.
1.3. If you deal with only one of us, that entity is responsible for the personal information it collects from you. If you deal with both of us (for example, you sell a property through the Sales Entity and later appoint the Management Entity to manage it), both of us hold information about you, and this policy applies to each of us.
1.4. This policy explains how we collect, hold, use, disclose and protect personal information, and how you can access and correct your information or make a complaint. It applies to our customers (including buyers, sellers, landlords, tenants, owners and occupiers), prospective customers, referees, contractors, website visitors and job applicants.
1.5. We are each bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth) (Privacy Act). We are also subject to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) to the extent we provide designated services, and we handle personal information collected for those purposes in accordance with both Acts (see section 6).
1.6. "Personal information" is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true. It includes your name, email address, identification number, or any other information that can reasonably identify you, directly or indirectly. "Sensitive information" is a subset of personal information and includes information about health, racial or ethnic origin, religious beliefs, sexual orientation, criminal record and biometric information.
2. Other laws that affect your information
2.1. In addition to the Privacy Act and AML/CTF Act, our handling of personal information is affected by laws including:
(a) the Property and Stock Agents Act 2002 (NSW) and its Regulation, which require us to keep agency, trust account and transaction records;
(b) the Residential Tenancies Act 2010 (NSW) and its Regulation, which govern tenancy applications, tenancy databases, rental bonds and the use of tenants' information and images;
(c) the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), which govern electronic and telephone marketing;
(d) the Surveillance Devices Act 2007 (NSW) and the Workplace Surveillance Act 2005 (NSW), which govern CCTV, audio recording and the monitoring of staff;
(e) the Health Records and Information Privacy Act 2002 (NSW), where we hold health information; and
(f) the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act (see section 13).
3. The kinds of personal information we collect and hold
3.1. The information we collect depends on how you deal with us and which of us you deal with. It may include:
(a) Contact details: name, address, email address, phone numbers, preferred contact method.
(b) Identity information: date of birth, driver licence, passport, proof-of-age card, Medicare card (where lawfully permitted), citizenship or residency status, photographs and, where you choose to use it, a digital ID. We collect this to verify identity (see section 6) and, for tenancy applications, to assess your application.
(c) AML/CTF information: details of beneficial owners and people acting on your behalf; politically exposed person (PEP) and sanctions screening results; information about your occupation, business, source of funds and source of wealth; details of the transaction and the property; and records of our customer due diligence.
(d) Financial information: bank account, credit card and other payment details, finance pre-approvals, deposit and settlement details, rental ledgers, bond details and, where relevant, credit-related information.
(e) Tenancy application information: employment and income details, referee details, rental history, details of other occupants, pets, emergency contacts and supporting documents.
(f) Property information: ownership, title and mortgage details, strata and body corporate information, tenancy and lease details, inspection and condition reports, maintenance and insurance records.
(g) Sensitive information: we only collect sensitive information (for example, health or disability information relevant to a property modification or accessibility request, or criminal history relevant to a tenancy application where lawful) with your consent or where otherwise permitted by law.
(h) Images and recordings: photographs and video taken at properties, open homes and inspections; CCTV footage at our premises; and recordings of telephone calls where you are told that the call is being recorded.
(i) Website and technical information: IP address, device and browser type, pages visited, referral source and cookie data (see section 11).
(j) Communications and preferences: enquiries, feedback, responses to surveys and promotions, complaints, changes to your content or email preferences, and communications with our customer support team.
(k) Other information: any other personal information you give us when you interact with us.
(l) Employment information: for job applicants, your resume, referee reports, right-to-work and licensing information.
3.2. We do not adopt a government-issued identifier (such as a driver licence number) as our own identifier for you. We record and use such identifiers only where required or authorised by law, including the AML/CTF Act.
4. How we collect your personal information
4.1. We collect personal information directly from you when you complete forms (including appraisal, listing, offer, tenancy application and contract documents), attend open homes or inspections, call, email or meet us, use our website, or deal with us through a portal, social media or an online identity verification tool.
4.2. We may also collect information from other sources, including:
(a) other parties to a transaction (for example, vendors, landlords, tenants, buyers, solicitors, conveyancers and mortgage brokers);
(b) referees, employers, previous agents and landlords, and tenancy databases (with your authority or as permitted by law);
(c) property portals (such as realestate.com.au and Domain) and other lead sources;
(d) identity verification, PEP and sanctions screening providers;
(e) public sources such as NSW land title records, council records and publicly available social media or websites;
(f) government agencies and regulators, including NSW Fair Trading; and
(g) each other, as described in section 7.2.
4.3. If we collect personal information about you from someone else, we will take reasonable steps to make sure you are aware of it and the matters in this policy. If you give us information about another person (for example, a co-applicant, occupant or referee), please make sure that person knows you have done so and has seen this policy. Where we receive personal information from third parties, we protect it as set out in this policy.
4.4. If we receive personal information we did not ask for and are not permitted to keep, we will destroy or de-identify it as soon as practicable.
5. Why we collect, hold, use and disclose personal information
5.1. We collect, hold, use and disclose personal information that is reasonably necessary for our functions and activities, including to:
(a) provide real estate services, including sales, auctions, leasing, property management, appraisals and advice;
(b) assess and process tenancy applications, prepare leases, collect and hold bonds, collect rent and pay owners, arrange repairs and conduct inspections;
(c) verify identity and meet our AML/CTF obligations (see section 6);
(d) keep trust accounts and other records as required by NSW property agent laws;
(e) market properties and our services, and communicate with you (see section 9);
(f) administer and manage our business, and manage, research, develop and improve our systems, website, products and services, including training and quality assurance;
(g) communicate with you by telephone, email, SMS or mail, including to provide you with information, updates and responses to your enquiries;
(h) manage payments, insurance, disputes, complaints and legal claims;
(i) prevent, detect and investigate fraud, scams and other unlawful activity, and protect the safety of people and property; and
(j) comply with legal and regulatory obligations and respond to requests from courts, regulators and law enforcement.
5.2. We use and disclose personal information for the primary purpose for which it was collected, for related purposes you would reasonably expect (or, for sensitive information, directly related purposes), where you have consented, or where the Privacy Act permits or requires us to do so. If you do not provide the information we ask for, we may not be able to provide our services, process your application or complete a transaction, or you may not be able to fully access our website.
6. Anti-money laundering and counter-terrorism financing (AML/CTF)
6.1. The Sales Entity is a reporting entity under the AML/CTF Act when it provides designated services, including when it acts for buyers and sellers in connection with the sale or purchase of real estate. The Management Entity is a reporting entity only to the extent it provides a designated service. In this section 6, "we" means whichever of us is providing a designated service to you. The AML/CTF Act requires us to collect, verify, hold and in some cases report personal information. We may do so without your consent, and the AML/CTF Act overrides any request that we not collect or keep it.
6.2. Routine leasing and property management services are not themselves designated services under the AML/CTF Act. Identity information collected from landlords and tenants for those services is handled under sections 3 to 5 and Schedule B, rather than this section 6, unless the AML/CTF Act applies to the service.
6.3. To meet our obligations we may collect and verify:
(a) your identity, and the identity of any person acting on your behalf, any beneficial owner and, where relevant, directors, trustees and controllers of a company or trust;
(b) information about the nature of your business or occupation, the source of your funds and wealth, and the purpose of the transaction; and
(c) whether you or an associate is a politically exposed person or is subject to sanctions.
6.4. We verify identity by examining original or certified documents, or electronically through approved third-party verification providers and digital ID services. These providers may compare the information you give us against government and commercial databases. We will tell you at the time of collection which method we are using and give you the option of an alternative where one is available.
6.5. We carry out ongoing customer due diligence and may collect further information during our relationship with you. If we are not satisfied about your identity or the legitimacy of a transaction, we may be required to refuse, delay or stop providing services.
6.6. We may be required to report suspicious matters, threshold transactions and other matters to the Australian Transaction Reports and Analysis Centre (AUSTRAC). The law prohibits us from telling you that a report has been made or is being considered. AUSTRAC may share this information with
law enforcement, regulators and other government agencies, in Australia and overseas, as permitted by law.
6.7. We are required to keep AML/CTF records, including identity and due diligence records, for the periods required by the AML/CTF Act (generally seven years). This applies even if you ask us to delete the information earlier.
6.8. We use personal information collected for AML/CTF purposes only for the purposes permitted by the AML/CTF Act and Privacy Act, and we protect it as described in section 13. When we collect it, we will give you a collection notice in the form set out in Schedule A.
7. Who we disclose your personal information to
7.1. We may disclose personal information, to the extent reasonably necessary for the purposes in section 5, to:
(a) vendors, landlords, owners, buyers, tenants and their representatives, to the extent relevant to a sale, lease or management of a property (for example, we will give a landlord the details in your tenancy application);
(b) solicitors, conveyancers, mortgage brokers, banks and other financial institutions, valuers, accountants and insurers;
(c) tradespeople, contractors, cleaners, photographers, stylists and other suppliers engaged for a property;
(d) strata managers, owners corporations and body corporate committees;
(e) NSW Fair Trading (including Rental Bonds Online), the NSW Civil and Administrative Tribunal (NCAT), Revenue NSW, councils and other government agencies;
(f) tenancy databases, where permitted by the Residential Tenancies Act 2010 (NSW) and after we have given you the notice the Act requires;
(g) utility, internet and connection service providers, but only with your consent;
(h) AUSTRAC and other regulators, courts, law enforcement agencies and government bodies, where required or authorised by law (see section 6);
(i) property portals, advertising and social media platforms, for the marketing of properties;
(j) our employees, officers, insurers, agents, subcontractors, professional advisers, auditors, and IT, cloud, software, identity verification, payment, communications and data analytics providers; and
(k) a purchaser or successor, if there is a sale or transfer of all or part of our business, to the extent permitted by law.
7.2. Sharing between the Sales Entity and the Management Entity. The Sales Entity and the Management Entity may share personal information with each other where reasonably necessary for the purposes in section 5. For example, if you sell a property through the Sales Entity and the Management Entity manages a property for you, or if you move from one service to the other, we may share your contact, identity, property and transaction details so that you do not need to provide them again, and to manage our obligations to you. We will not use shared information for direct marketing unless you have consented or the law otherwise permits (see section 9). Information collected for AML/CTF purposes is shared only where permitted by the AML/CTF Act and Privacy Act.
7.3. We require our service providers to handle personal information only for the purposes we engage them for and to protect it in accordance with the Privacy Act. We do not sell personal information.
8. Disclosure of personal information overseas
8.1. Some of our service providers (for example, cloud storage, customer relationship management, email and SMS, identity verification, analytics and advertising platforms) may store or access personal information outside Australia. Based on our current providers, this is likely to include the United States, for example where analytics and advertising services provided by Google and Meta are operated. Our offices and facilities are located in Australia.
8.2. Before disclosing personal information overseas, we take reasonable steps to ensure the recipient handles it in a way that is consistent with the APPs, unless an exception in APP 8 applies (for example, where you have consented after being told that the recipient may not be bound by the APPs, or where disclosure is required by law). Information obtained for AML/CTF purposes is stored in Australia.
8.3. Our website is hosted in Australia.
8.4. Information you publish through our website, social media or a property portal may be accessible around the world, and we cannot control its use by others.
9. Direct marketing
9.1. We may use your contact details to send you information about properties, our services, market updates, events and offers, by mail, telephone, email, SMS and social media, where you have consented (expressly or by reasonable inference from our dealings with you) or where the law otherwise permits.
9.2. You can opt out at any time by using the unsubscribe link or opt-out instructions in a message, or by contacting our Privacy Officer. If you opt out with one of us, please tell us if you also want to opt out of marketing from the other. We will action your request promptly and, for commercial electronic messages, within the time required by the Spam Act. We do not market to numbers on the Do Not Call Register unless the law permits us to. Opting out of marketing will not stop us from sending you messages that are required for a transaction, tenancy or legal reason.
9.3. We do not disclose your personal information to third parties for their own marketing purposes without your consent.
10. Automated decision-making
10.1. We use some software tools that process personal information automatically, for example electronic identity verification tools and, where we provide designated services, PEP and sanctions screening tools.
10.2. The kinds of personal information used by these tools include identity, contact, financial, employment, rental history, property and online behaviour information.
10.3. Where a computer program makes a decision, or does something substantially and directly related to making a decision, that could reasonably be expected to significantly affect your rights or interests (for example, whether your tenancy application is progressed or whether we can verify your identity), a member of our team will review the outcome before a final decision is made. You can ask us for a human review of any such decision and for an explanation of how the decision was reached by contacting our Privacy Officer.
11. Our website, cookies and online advertising
11.1. When you visit our website (https://mgmmartin.com/), we may collect technical information such as your IP address, browser type, device, operating system, pages visited and the site you came from. We use it in an aggregated manner to analyse use of the site and improve our services.
11.2. We use cookies and similar technologies, including Google Analytics, Google Ads, the Meta (Facebook and Instagram) pixel and remarketing tags. Cookies are small files that identify your browser when you return to a site. Most browsers accept cookies automatically, but you can change your settings to reject them, although this may reduce the functionality of our website. We may use cookies and advertising identifiers to analyse traffic and to show you relevant advertising on our site and on other websites, including through third-party platforms. You can manage advertising preferences through the settings of those platforms and your browser.
11.3. Our website may contain links to third-party websites that we do not own or control. A link is not an endorsement, and we are not responsible for the privacy practices of those sites. We encourage you to read their privacy policies.
12. Photographs, video, CCTV and call recording
12.1. We take photographs and video of properties for marketing and records. We do not publish images that show a tenant's belongings or personal information without the tenant's written consent, as NSW tenancy laws require. We take reasonable steps to avoid capturing identifiable people in marketing images.
12.2. We operate CCTV at our premises. Signs will tell you where cameras are operating. Footage is used for safety and security and is kept only for as long as needed for those purposes unless an incident is under investigation.
12.3. We may record telephone calls for training, quality assurance and record-keeping purposes. We will tell you at the start of the call. If you do not want a call recorded, tell us and we will offer another way to communicate.
12.4. We monitor staff use of our systems and devices in accordance with the Workplace Surveillance Act 2005 (NSW) and our staff policies.
13. Security and data breaches
13.1. We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. These include access controls and multi-factor authentication, encryption, secure storage of identity documents, staff training, supplier due diligence, physical security and secure destruction. Where we engage data processors, we require them to have adequate technical and organisational measures in place.
13.2. No method of transmission or storage is completely secure, and we cannot guarantee the security of information you send us. Please take care when sending sensitive documents by email.
13.3. If we suffer a data breach that is likely to result in serious harm to individuals, we will assess it promptly and, where required, notify the Office of the Australian Information Commissioner (OAIC) and affected individuals under the Notifiable Data Breaches scheme.
14. How long we keep personal information
14.1. We keep personal information only for as long as we need it for the purposes in this policy or as the law requires. Examples include:
(a) AML/CTF and customer due diligence records: the period required by the AML/CTF Act (generally seven years);
(b) agency, transaction and trust account records: the periods required by NSW property agent legislation (7 years);
(c) tenancy applications from unsuccessful applicants: destroyed or de-identified once a successful applicant has been found, unless we are required by law to keep them; and
(d) marketing information: until you opt out or it is no longer current.
14.2. When we no longer need personal information and are not required by law to keep it, we take reasonable steps to destroy or de-identify it.
15. Accessing and correcting your personal information
15.1. You may ask for access to the personal information we hold about you, or ask us to correct it if it is inaccurate, out of date, incomplete, irrelevant or misleading, by contacting our Privacy Officer (section 21). We may need to verify your identity first. If you deal with both of us, please tell us whether your request is to one or both.
15.2. We will respond within 30 days. We may charge a reasonable fee for providing access, but not for making a request or for correcting information. We may refuse access or correction in the circumstances permitted by the Privacy Act and other laws (including where giving access would breach the AML/CTF Act's restrictions), and if we do, we will explain why in writing and tell you how to complain.
15.3. If we refuse to correct information, you may ask us to add a statement that you believe it is inaccurate, and we will take reasonable steps to do so.
16. Complaints
16.1. If you think either of us has breached the APPs or this policy, please send details of your complaint in writing to our Privacy Officer (section 21). We take complaints seriously. We will acknowledge your complaint within 7 days and aim to give you a response within 30 days.
16.2. If you are not satisfied with our response, you may complain to the OAIC at www.oaic.gov.au, by phone on 1300 363 992 or by email to enquiries@oaic.gov.au. You may also contact NSW Fair Trading (13 32 20) about the conduct of a licensed agent.
17. Anonymity and pseudonymity
17.1. Where it is lawful and practicable, you may deal with us anonymously or by pseudonym (for example, when making a general enquiry). It is not practicable for us to do so when we must identify you to sell, lease or manage a property, to process an application, or to meet our AML/CTF obligations.
18. Children
18.1. We do not knowingly collect personal information from anyone under 18 without the consent of a parent or guardian. Where an adult applicant lists children as occupants of a property, we collect only the information we need.
19. People in the European Union and United Kingdom
19.1. We do not generally offer goods or services to, or monitor the behaviour of, people in the European Union or United Kingdom. If the EU General Data Protection Regulation or UK GDPR does apply to our handling of your information, we will respect the rights it gives you, including rights to access, correct, erase, restrict or object to the processing of your information, subject to our legal obligations (including those in section 6). Contact our Privacy Officer to exercise these rights.
20. Changes to this policy
20.1. We review this policy regularly and may update it as our practices and the law change. The current version is published on our website at https://mgmmartin.com/ (and displayed on our notice board at our premises) and is available free of charge on request, in hard copy or another form. Material changes will take effect when posted, and the version number and effective date will be updated.
20.2. This version of the policy (Version 2.0) takes effect on 20 October 2026 and will next be reviewed by 19 October 2027.
21. How to contact us
21.1. The Sales Entity and the Management Entity share the same Privacy Officer and contact details.
21.2. Our Privacy Officer and contact details are:
Privacy Officer: Carlo Zaccariotto
Post: Suite 2/22 Gadigal Avenue, Zetland NSW 2017
Email: reception@mgmmartin.com
Phone: 02 9662 3954
Schedule A – AML/CTF customer collection notice
This notice is provided when we collect identity and due diligence information from a customer to whom we are providing a designated service. It is relevant primarily to the Sales Entity.
Who is collecting: Martin Sales Pty Ltd ATF the SSR - VP3 Trust trading as MGM Martin Sales ("MGM MARTIN"), ABN 61 680 284 258, and the Management Entity to the extent it provides a designated service. Contact: Privacy Officer, reception@mgmmartin.com, 02 9662 3954.
Why we are collecting: MGM MARTIN is a reporting entity under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). We are required to collect and verify information about our customers, people acting on their behalf and beneficial owners, to understand the source of funds and the purpose of the transaction, and to monitor our customer relationships.
What we collect: Your name, address, date of birth, identity documents, occupation or business details, source of funds and wealth, beneficial ownership and control details, and PEP and sanctions screening results.
Legal authority: The AML/CTF Act and the AML/CTF Rules. We do not need your consent to collect this information.