Leonard Joel Pty Ltd (ABN 27 136 908 597) (“Leonard Joel”) is committed to providing a high quality service to all of our clients and this policy outlines our ongoing commitment and obligations to you in respect of how it manages your Personal Information.
Leonard Joel has adopted the Australian Privacy Principles (“APP”) contained in the Privacy Act 1988 (Cth) (“Privacy Act”). The APP governs the way in which Leonard Joel collects, uses, discloses, stores, secures and disposes of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au.
What is Personal Information and why does Leonard Joel collect it?
Personal Information is information that identifies an individual. Examples of Personal Information Leonard Joel collects includes but is not limited to:
• your name
• contact details, including email address, mailing address, street address and/or telephone number;
• your marital status and/or anniversary;
• your age and/or date of birth;
• your credit card details;
• your demographic information, such as postcode;
• images or audio-visual recordings which identify you if you participate in an event Leonard Joel are managing or conducting;
• your preferences and/or opinions;
• information you provide to Leonard Joel through customer surveys;
• details, including images, of items you have sold or purchased from Leonard Joel;
• details of valuations or other services Leonard Joel has provided to you; and
• any other personal information requested by Leonard Joel and/or provided by you or a third party.
Personal Information is obtained by Leonard Joel in many ways including but not limited to by telephone, email, via our website, from the Consignment Agreement Form from the Bidder Registration Form and from third parties.
Leonard Joel collects your Personal Information for the primary purpose of providing services to you, providing information about those services, marketing and as required or authorised by law. Leonard Joel may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure.
You may unsubscribe from Leonard Joel’s mailing / marketing lists at any time by contacting us at email@example.com and clearly indicating your request not to receive further mailing / marketing material.
When Leonard Joel collects Personal Information, we will, where appropriate and where possible, explain to you why Leonard Joel is collecting the information and how Leonard Joel plans to use it.
Sensitive information is defined in the Privacy Act to include information as to individual’s:
• racial or ethnic origin;
• political opinions;
• membership of a political association;
• religious or philosophical beliefs;
• membership of a trade union or other professional body;
• criminal record; or
• health information.
Sensitive information will be used by Leonard Joel only:
• for the primary purpose for which it was obtained;
• for a secondary purpose that is directly related to the primary purpose;
• with your consent; or
• where required or authorised by law.
Dealing with Leonard Joel anonymously
Leonard Joel will provide individuals with the opportunity of remaining anonymous or using a pseudonym in their dealings with us where it is lawful and practicable (for example, when making a general enquiry). Generally, it is not practicable for Leonard Joel to deal with individuals anonymously or pseudonymously on an ongoing basis. If Leonard Joel does not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities that Leonard Joel manages or delivers.
Where reasonable and practicable to do so, Leonard Joel will collect your Personal Information only from you. However, in some circumstances Leonard Joel may be provided with information by third parties. In such a case Leonard Joel will take reasonable steps to ensure that you are made aware of the information provided to Leonard Joel by third parties.
Third parties that Leonard Joel may collect information from include but are not limited to social media platforms including Facebook, Instagram and Youtube and Leonard Joel partners or service providers.
Use of Personal Information
Leonard Joel uses Personal Information for the following purposes:
• to manage and assure the integrity of our viewings and auctions;
• facilitate consignments, providing services, responding to requests for valuations, publications, catalogues, and information you request, and manage your account, enquiries and requests and to manage your relationship with Leonard Joel;
• to send you information about upcoming events such as auctions and content that you may be interested in and inform you of the results of auctions in which you may have participated;
• to supply marketing information about our auctions and other services;
• to improve and personalise our website and services the Leonard Joel offer to you;
• to expand our online audiences;
• to protect against risk of fraud by sellers and/or buyers.
• to protect and defend Leonard Joel rights and property;
• to enforce Leonard Joel’s legal rights against sellers and/or buyers;
• to confirm the authenticity of an item consigned for sale;
• to comply with legal obligations to which Leonard Joel is subject to and cooperate with regulators and law enforcement bodies;
• to obtain, maintain and comply with terms of any insurance policies; and
• for any other purpose that Leonard Joel tell you about specifically when you register or provide Personal Information about yourself.
Disclosure of Personal Information
Leonard Joel may disclose Personal Information to:
• third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
• Leonard Joel’s employees, contractors and / or related entities;
• Leonard Joel’s existing or potential agents or business partners;
• anyone to whom Leonard Joel’s business or assets (or any part of them) are, or may (in good faith) be, transferred;
• credit reporting agencies, courts, tribunals and regulatory authorities, sellers or other buyers in the event you fail to either pay for goods or collect goods;
• to buyers in the event of a claim by the buyer as to the authenticity or provenance of an item or the validity of the description of an item;
• credit reporting agencies, courts, tribunals and regulatory authorities if you fail to pay for any services which Leonard Joel have provided to you;
• courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
• health management authorities if any epidemic or pandemic diseases pose a serious risk to public health;
• third parties, including agents or sub-contractors, who assist Leonard Joel in providing information, products, services or direct marketing to you (this may include parties located, or that store data, outside of Australia); and
• third parties to collect and process data (this may include parties that store data outside of Australia).
If Leonard Joel is required to disclose your Personal Information to an enforcement body for the purposes of enforcement related activities, Leonard Joel will make a written note of the use or disclosure unless prohibited from doing so by law.
By providing Leonard Joel with Personal Information, you consent to the disclosure of your Personal Information to third parties who reside outside Australia and acknowledge that Leonard Joel are not required to ensure that those third parties comply with the Privacy Act. The likely countries that information might be sent to include the United States of America and United Kingdom.
Exception to reporting
Mandatory notification requirements are waived if remedial action can be taken that results in a reasonable person concluding that the access or disclosure is not likely to result in serious harm to any of those individuals.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, Leonard Joel will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of seven (7) years.
Access to your Personal Information
You may access the Personal Information Leonard Joel holds about you and to update and / or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Leonard Joel may decline your request to access or correct your personal information in certain circumstances in accordance with the APP. If Leonard Joel do refuse your request, Leonard Joel will provide you with a reason for our decision and, in the case of a request for correction, Leonard Joel will include a statement with your personal information about the requested correction.
Leonard Joel will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information, Leonard Joel may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is important to Leonard Joel that your Personal Information is up-to-date. Leonard Joel will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information Leonard Joel has is not up to date or is inaccurate, please advise Leonard Joel as soon as practicable so that it can update its records and ensure that it can continue to provide quality services to you.
Cookies and web beacons
Leonard Joel may use web beacons on our website from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a website.
Links to other websites
This Policy may change from time to time and is available on Leonard Joel’s website.
333 Malvern Road
South Yarra VIC 3141
t. +61 (0)3 9826 4333
f. +61 (0)3 9826 4544
All complaints will be considered by Leonard Joel and Leonard Joel may seek further information from you to clarify your concerns. If Leonard Joel agree that your complaint is well founded, Leonard Joel will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.