Privacy Policy

Smartlex Pty Ltd (ABN 17 689 825 947) trading as Smart Title (“Smart Title”, “we”, “us”, or “our”) is committed to protecting and respecting the privacy of our customers and users of our Services (“Customer”, “you”, or “your”).

This Privacy Policy (“Policy”) explains how we collect, hold, use, disclose and protect your personal information (“Personal Information”) when you interact with us, including when you access our website at https://smarttitle.com.au (“Website”), use our conveyancing and related legal services, communicate with our team or otherwise deal with us.

Smart Title provides conveyancing and property transaction services in Australia, including services relating to property purchases, sales, refinancing and transfers of equity (“Services”). As part of providing these Services, we may collect and process Personal Information relating to our clients, prospective clients, counterparties and other individuals involved in property transactions.

We handle Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) as well as any other applicable privacy laws.

By accessing our Website, engaging our Services, or otherwise providing your Personal Information to us, you acknowledge that you have read and understood this Policy.

We may update or amend this Policy from time to time to reflect changes in our practices, legal requirements or operational needs. Any updated version will be published on our Website and will take effect from the date of publication.

1. What Personal Information We Collect

1.1 The types of Personal Information we may collect and hold depend on the nature of your interactions with us and the Services we provide.

1.2 In the course of providing our Services, we may collect Personal Information including, but not limited to:

  1. identification information, such as your full name, date of birth and copies of identification documents used to verify your identity;
  2. contact information, including your residential address, postal address, telephone number and email address;
  3. financial and payment information, including bank account details and other information required to facilitate property settlements, payments and related transactions;
  4. property transaction information, including details relating to the purchase, sale, transfer, refinancing or ownership of property;
  5. information contained in contracts of sale, settlement statements, title documents, correspondence and other documents relevant to conveyancing transactions;
  6. information relating to lenders, mortgage brokers, real estate agents, developers, government authorities and other parties involved in property transactions;
  7. information relating to identity verification processes required under applicable conveyancing and electronic settlement requirements; and
  8. any other personal information you provide to us when you engage our Services or communicate with us.

1.3 We may also collect Personal Information where required to comply with our legal, regulatory and professional obligations.

2. Payment Information

2.1 As described in Clause 2c), we may collect certain payment-related Personal Information in the course of providing our Services, including where it is necessary to facilitate property settlements, payments and billing.

2.2 Payment information may be provided directly by you or through third parties involved in the transaction, including financial institutions, lenders, settlement platforms or other authorised representatives.

2.3 We use payment-related Personal Information solely for the purposes of facilitating property settlements, processing payments, managing invoices and complying with our legal and regulatory obligations.

2.4 Where payment processing services are provided by third-party service providers, those providers may collect, process or store payment information in accordance with their own privacy policies and security practices.

2.5 We take reasonable steps to ensure that payment information is handled securely and in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

3. How We Collect Personal Information

3.1 We may collect Personal Information:

  1. directly from you, including when you engage our Services, communicate with us by telephone, email or other means, complete forms, provide identification documents, or supply information and documents relevant to a property transaction;
  2. through our Website, including when you submit enquiries, complete online forms or otherwise interact with the Website;
  3. from third parties involved in property transactions, including real estate agents, mortgage brokers, lenders, developers, financial institutions and other professional advisers;
  4. from government authorities and public registers, including land titles offices, property registries and other publicly available records relevant to property transactions;
  5. through electronic conveyancing and settlement platforms, including systems used to facilitate electronic property settlements;
  6. from identity verification providers or other service providers, where required to verify your identity or to comply with applicable legal, regulatory or professional obligations;
  7. from publicly available sources where this information is relevant to the Services we provide; and
  8. from other persons or organisations, where it is reasonably necessary for us to provide our Services or where permitted or required by law.

4. How We Use Personal Information

4.1 We may use the Personal Information we collect for purposes including:

  1. providing our Services, including assisting with property purchases, sales, transfers, refinancing and other conveyancing transactions;
  2. verifying your identity and carrying out identity verification procedures required under applicable laws, regulations and electronic conveyancing requirements;
  3. preparing, reviewing and managing contracts of sale, settlement statements and other documents relating to property transactions;
  4. facilitating and completing property settlements and related transactions, including through electronic conveyancing and settlement platforms;
  5. communicating with you and with other parties involved in a transaction, including real estate agents, lenders, mortgage brokers, financial institutions, government authorities, title registries and other professional advisers;
  6. obtaining, reviewing and managing information required to conduct property transactions, including title searches, property information and transaction documentation;
  7. responding to enquiries, providing information about our Services and managing our relationship with clients and prospective clients;
  8. complying with our legal, regulatory and professional obligations, including obligations relating to conveyancing transactions, identity verification and record keeping;
  9. maintaining records relating to property transactions and our Services; and
  10. carrying out internal administrative, operational and business management activities, including billing, file management, compliance and risk management.

4.2 We may also use Personal Information for any other purpose that is permitted or required by law or where you have otherwise authorised us to do so.

5. Disclosure of Personal Information

5.1 We may disclose Personal Information to third parties where it is reasonably necessary for the purposes described in this Policy, including in connection with providing our Services or complying with legal and regulatory obligations.

5.2 Personal Information may be disclosed to:

  1. real estate agents, developers and other parties involved in property transactions;
  2. lenders, mortgage brokers, financial institutions and other organisations involved in financing arrangements;
  3. government authorities, regulatory bodies and public registries, including land titles offices and other property-related registries;
  4. electronic conveyancing and settlement platforms used to facilitate property transactions;
  5. professional advisers and service providers engaged by us, including legal, accounting, technology, identity verification and administrative service providers;
  6. contractors or third-party service providers who assist us in operating our business and delivering our Services; and
  7. any other person or organisation where disclosure is required or authorised by law.

5.3 We may also disclose Personal Information where you have consented to the disclosure or where the disclosure is otherwise permitted or required under applicable laws.

6. Cookies and Similar Technologies

6.1 Use of Cookies

  1. Our Website may use cookies and similar technologies to enhance the functionality of the Website, improve user experience, analyse website usage and assist in the administration and security of the Website.
  2. A “Cookie” is a small text file that is stored on your computer, mobile device or other internet-enabled device when you visit a website. Cookies allow a website to recognise your device and store certain information about your preferences or previous interactions with the Website.
  3. Cookies may collect information such as:
    1. Internet Protocol (IP) address;
    2. browser type and version;
    3. device information;
    4. pages visited on the Website;
    5. time and duration of visits;
    6. referring websites or links used to access the Website; and
    7. general browsing behaviour on the Website
  4. This information helps us understand how visitors interact with our Website and enables us to improve the performance, functionality and usability of the Website.

6.2 Types of Cookies We Use

We may use the following categories of cookies on our Website:

  1. Strictly Necessary Cookies: These cookies are essential for the operation of the Website and enable users to navigate the Website and access secure areas or core features. Without these cookies, certain services or functionality of the Website may not be available;
  2. Performance and Analytics Cookies: These cookies collect information about how visitors use the Website, such as which pages are visited most frequently, how users navigate the Website and whether users encounter errors. The information collected is generally aggregated and anonymous and is used to improve the performance and usability of the Website;
  3. Functionality Cookies: Functionality cookies allow the Website to remember choices you make (such as preferences or settings) and provide enhanced or personalised features when you return to the Website.

6.3 First-Party and Third-Party Cookies

  1. Cookies used on the Website may be placed by us (first-party cookies) or by third-party service providers (third-party cookies) that assist us in operating the Website or analysing its performance.
  2. Third-party cookies may be used by service providers that provide website analytics, security services, or technical support for the Website.

6.4 Analytics Tools

  1. We may use third-party analytics services such as Google Analytics to help us understand how users interact with the Website.
  2. Google Analytics uses cookies to collect information about website usage, including pages visited, time spent on the Website, and navigation patterns. The information generated by these cookies is generally aggregated and does not directly identify individual users. This information is used to analyse Website traffic and improve the functionality and performance of the Website.

6.5 Managing or Disabling Cookies

  1. Most web browsers allow you to control or disable cookies through your browser settings. You may choose to:
    1. accept or reject cookies;
    2. delete cookies stored on your device; or
    3. configure your browser to notify you when cookies are being used
  2. If you disable cookies, certain features or services of the Website may not function properly.

7. Overseas Disclosure of Personal Information

7.1 In the course of providing our Services and operating our business, we may disclose or store Personal Information with third-party service providers who assist us in delivering our Services or supporting our business operations.

7.2 These service providers may include providers of technology platforms, cloud storage services, electronic conveyancing systems, identity verification services, document management systems, communication platforms and other professional or administrative service providers.

7.3 Some of these service providers may be located outside Australia or may store Personal Information on servers located outside Australia.

7.4 Where Personal Information is disclosed to, processed by, or stored with overseas recipients, we will take reasonable steps to ensure that the recipient handles the Personal Information in a manner that is consistent with the Australian Privacy Principles or that the disclosure is otherwise permitted under the Privacy Act 1988 (Cth).

7.5 The countries in which such recipients may be located will depend on the service providers we engage from time to time. While we take reasonable steps to ensure appropriate safeguards are in place to protect Personal Information, overseas recipients may be subject to foreign laws that may not provide the same level of protection as Australian privacy laws.

7.6 By providing us with your Personal Information, you acknowledge that your Personal Information may be disclosed to overseas recipients in accordance with this Policy.

8. Storage and Security of Personal Information

8.1 We take reasonable steps to protect the Personal Information we collect and hold from misuse, interference, loss, unauthorised access, modification or disclosure.

8.2 Personal Information may be stored in electronic form, in physical files, or within secure databases, document management systems and other systems used in the course of providing our Services.

8.3 We implement a range of administrative, technical and physical safeguards designed to protect Personal Information, which may include:

  1. secure information technology systems and password-protected databases;
  2. access controls that restrict access to Personal Information to authorised personnel who require access to perform their duties;
  3. secure transmission methods for sensitive information where appropriate;
  4. secure storage of physical documents and records;
  5. internal policies and procedures governing the handling and protection of Personal Information;
  6. staff training and confidentiality obligations relating to the handling of Personal Information; and
  7. monitoring and security measures designed to detect and prevent unauthorised access or misuse of Personal Information.

8.4 Personal Information may also be stored within secure backup systems or archives maintained by us or by authorised service providers for business continuity, disaster recovery and record-keeping purposes.

8.5 Where we engage third-party service providers to store, process or manage Personal Information on our behalf, we take reasonable steps to ensure that such providers implement appropriate safeguards to protect Personal Information.

8.6 We will also take reasonable steps to destroy or de-identify Personal Information that is no longer required for the purposes for which it was collected, unless we are required to retain the information to comply with legal, regulatory or professional obligations.

8.7 While we take reasonable steps to safeguard Personal Information, no method of electronic transmission or storage is completely secure. Accordingly, we cannot guarantee the absolute security of Personal Information transmitted to or stored by us.

9. Access to and Correction of Personal Information

9.1 You may request access to the Personal Information we hold about you, subject to certain exceptions permitted under applicable privacy laws.

9.2 If you believe that the Personal Information we hold about you is inaccurate, incomplete, out-of-date, irrelevant or misleading, you may request that we correct the information.

9.3 Requests to access or correct Personal Information should be made in writing using the contact details provided in Clause 12. We may require you to verify your identity before granting access to or correcting Personal Information.

9.4 We will respond to requests for access or correction within a reasonable period and will take reasonable steps to provide access to, or correct, Personal Information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

9.5 In some circumstances, we may refuse a request for access or correction where permitted by law. If we refuse such a request, we will provide you with written reasons for the refusal and information about the mechanisms available to you to make a complaint.

10. Third-Party Links and External Websites

10.1 Our Website may contain links to third-party websites, applications or online services that are not owned, operated or controlled by us.

10.2 These links are provided for convenience and informational purposes only. We do not control and are not responsible for the privacy practices, content or security of those third-party websites or services.

10.3 When you access a third-party website through a link on our Website, any Personal Information you provide will be collected, used and managed in accordance with the privacy policies and practices of that third party. We encourage you to review the privacy policies of any third-party websites you visit before providing them with your Personal Information.

10.4 The inclusion of links to third-party websites does not imply endorsement, approval or association with those websites or their operators unless expressly stated.

11. Privacy Complaints

11.1 If you believe that we have not handled your Personal Information in accordance with this Privacy Policy or the Privacy Act 1988 (Cth), you may make a complaint to us.

11.2 Complaints should be submitted in writing using the contact details provided in Clause 12. Please provide sufficient information about the nature of your complaint so that we can properly investigate the matter.

11.3 We will acknowledge receipt of your complaint and will take reasonable steps to investigate the issue and respond to you within a reasonable period.

12. Contact Us

12.1 If you have any questions, requests or concerns regarding this Privacy Policy or the handling of your Personal Information, please contact us using the details below:

Smartlex Pty Ltd trading as Smart Title

Website: https://smarttitle.com.au

Email: info@smartlex.com.au

Phone: 0370535453