Privacy Policy

1. Blue Ocean’s commitment to privacy

1.1 Blue Ocean is committed to managing personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles under the Privacy Act.

1.2 We understand the importance of being open and transparent with you in the way in which collect, hold, store, use and share your personal information. We take protecting your privacy rights very seriously.

1.3 This document sets out how we handle and protects your personal information, and provides information on your rights in relation to your personal information managed by Blue Ocean. This document is referred to as our Privacy Policy.

1.4 We strongly encourage you to read this document, so that you understand and are comfortable with how we handle your personal information. If you have any questions about this policy, or about Blue Ocean’s handling of your personal information.

1.5 Blue Ocean is a developer of residential and other real estate projects and undertakes related property development activities, including land banking and property sales. In conducting this business, we may collect personal information.

1.6 This Privacy Policy applies to the handling of personal information by:

  • Blue Ocean Property Development Pty Ltd (ACN 648 585 693) (Blue Ocean)
  • the Australian related companies of Blue Ocean from time to time, and other entities forming part of Blue Ocean’s Australian corporate group from time to time; and
  • any other special purpose vehicles as created from time to time which may be incorporated in respect of a Development,

(together, “Blue Ocean”, “we”, “us”, “our”)

1.7 In this Privacy Policy:

  • 1.7.1 “you” and “your” refers to any individual about whom we collect personal information; and
  • 1.7.2 “Development” means a residential or other real estate project or development undertaken by Blue Ocean.

1.8 Blue Ocean will regularly review its policies and procedures regarding personal information and may therefore update and amend this privacy policy from time to time, with or without notice to you. However, where we make a material change to this Privacy Policy, we will provide notice to you (including by updating our websites, and, where appropriate, notifying you directly).

1.9 Any updated privacy policy will be made available on our website located at https://blueoceandevelopments.com/ or can otherwise be obtained by contacting us and requesting a copy. We recommend that you visit this Privacy Policy regularly to keep up to date with any changes we make.

1.10 Other privacy related notices and terms and conditions may apply to you, such as a privacy collection notice provided:

  • when your register interest for a specific Development;
  • by either us or real estate agent when you agree to purchase a property in connection with purchase when your register interest for a specific Development;
  • when you sign-up for news and offers via our websites; and
  • when you apply for a role with us or accept a position working for us.

2. What is personal information?

2.1 “Personal information” is defined in the Privacy Act, and means information or an opinion about an identified individual, or an individual who is reasonably identifiable:

  • whether the information or opinion is true or not; and
  • whether the information or opinion is recorded in a material form or not.

2.2 In this Privacy Policy, whenever we use the term “personal information”, we are referring to this legal definition.

2.3 Personal information does not include:

  • aggregated or de-identified data;
  • information about the specifications of a property; or
  • if you are a contractor or real estate agent, your business information that does not identify a person or reasonably identify you (i.e. in certain circumstances, your business payment details).

3. What kinds of personal information do we collect and how do we collect this information?

3.1 The kinds of personal information that Blue Ocean collects will vary depending on our particular interaction or dealing with you.

3.2 Generally speaking, the kinds of personal information Blue Ocean collects may include:

Contact Details

This may include your:

  • full name;
  • address;
  • telephone number;
  • email address; and
  • date of birth;

We may collect your information:

  • directly from you during our interactions with you;
  • when you submit a “Contact Us” form via our website;
  • when you submit a “Stay Informed” form via our website;
  • indirectly from real estate agents with whom you register your interest in a Blue Ocean property;
  • when you contact us via our online forms, email, phone or social media;
  • when you complete a survey or enter a trade promotion or competition conducted by us;
  • when you visit a property or premises located, such as our offices, one of our Developments or a showroom connected with one of our Developments;
  • if you apply for a position at Blue Ocean; or
  • when you otherwise interact with us on a commercial basis.

We may also collect this information about you indirectly from third parties, for example:

  • real estate agents with whom you register your interest in a Blue Ocean property;
  • our other representatives, including your lawyers, financiers or other authorised agents; or
  • other third parties who are involved in the marketing, promotion and sale of our properties and Developments.
Details of your lifestyle and preferences

This may include:

  • your living circumstances;
  • your buyer type (owner/investor);
  • your family demographics;
  • your current employment status;
  • details of the property that you are interested in or have agreed to purchase;
  • housing or lifestyle amenities that are of interest to you;
  • the distance you travel for work; or
  • what prompted you to inspect the property.

We may collect this information directly from you:

  • when you fill in a contact form at one of our offices; or
  • during our interactions with you, if you are interested in purchasing property in connection with one of our Developments (including by email, phone or person).

We may also collect this information about you indirectly from third parties, for example:

  • real estate agents with whom you register your interest in a Blue Ocean property;
  • your other representatives, including your lawyers, financiers or other authorised agents; or
  • other third parties who are involved in the marketing, promotion and sale of our properties and Developments.
Workplace and employment information

This may include:

  • details of your employment history;
  • information about your education, qualifications and certifications;
  • details of any skill – specific licences you hold;
  • your tax file number;
  • your working eligibility rights;
  • your suitability for the role you are applying for;
  • details about your referees;
  • health information and incident reports – this may include sensitive information; and
  • other information provided as part of our recruitment process.

We may collect this information through our recruitment process when you apply for a position with us, or otherwise during your employment.

Background check information

This may include national police check information (if applicable) – which may include sensitive information, such as your criminal history.

We may collect this information directly from you through our recruitment process, when you apply for a position with us, or otherwise during your employment with us.

We may also collect this information from:

  • third parties, such as verification providers, referees, previous employers, professional registration authorities or our contractors who employ you; and/or
  • publicly available information, such as court decisions.
Proof of identity information

This may include:

  • your driver’s licence;
  • nationality;
  • your visa (if applicable);
  • tax file number;
  • Medicare information;
  • or passports; or
  • other similar identity information.

We may collect this information if you are applying to purchase a property that we are developing, or if you are a job applicant or employee.

We may also collect this information about you indirectly from third parties, such as real estate agents you have engaged to assist with your purchase of a Blue Ocean property.

Transactional and payment information

This may include:

  • information about transactions that you undertake in respect of any Blue Ocean properties or Developments; and
  • your bank account or credit card details.

We may collect this information:

  • if you enter into, or propose to enter into, a transaction with us, including the purchase of property; or
  • during your employment with us.
Financial information

This may include information about your:

  • financial circumstances and objectives;
  • assets;
  • income;
  • bank account details and transaction history;
  • liabilities and expenditure; and
  • investment preferences.

We may collect this information if you enter into, or propose to enter into, a transaction with us, including the purchase of property in connection with one of our Developments.

We may also collect this information about you indirectly from third parties, for example:

  • real estate agents with whom you register your interest in a Blue Ocean property;
  • your other representatives, including your lawyers, financiers or other authorised agents; or
  • other third parties, such as mortgage brokers and financial service providers.
Online and digital

This may include information (that is not always identifiable) about your:

  • device ID;
  • device type;
  • geo-location information;
  • IP address; and
  • browsing information.

We may collect this information when you use our website, via use of technologies such as cookies. For further information, see section 8.

Information collected during our interactions

This may include information that you provide us so that we can provide you with information regarding our properties and related services, or so that we can undertake transactions or dealings with you.

We may collect this information:

  • when you request information about a property or related services from us;
  • when you attend an event conducted by us;
  • when you submit a form via the website;
  • if you post information to any of our social media sites, or interact with us on social media;
  • when you make an enquiry, provide feedback, or make a complaint (via phone, email or in person); and
  • in your responses to customer satisfaction, service development, quality control, research surveys and similar activities.
Call recording / CCTV information

Blue Ocean may collect call recordings and CCTV information.

We may collect call recording information from calls that you make with Blue Ocean, noting that you will always be advised of the call recording in advance.

We may collect CCTV information from CCTV surveillance systems that monitor our properties and premises, including our offices and Developments.

Information required to be collected by law

Blue Ocean may also hold other kinds of personal information as permitted or required by law.

We may collect this as required.

Publicly available information

We may collect information that is publicly available online, such as on online forums, websites, and social media channels (for example, information that relates to a compliant).

We may collect this directly from the publicly available source (e.g. on the online forum, website, or social media channel).

3.3 Blue Ocean may also collect other kinds of personal information that we notify you of at the time of collection.

3.4 Generally, we do not collect sensitive information about individuals, except where we collect relevant information from employees, such as health information so that we can support you better. Information about your health, racial or ethnic origin, political affiliations, criminal record and religious or philosophical beliefs are all examples of sensitive information. If we do need to collect sensitive information about you, we will only do so with your consent or where we are required or permitted to do so by law.

3.5 In some cases, you may provide us with personal information which relates to another person (for example, an emergency contact, a prospective purchaser (if you are a real estate agent) or a job referee). If you do so, you agree that you have received permission from these individuals for us to collect, use, and disclose their personal information in accordance with this Privacy Policy. You should also let them know about our Privacy Policy (including the information in this Privacy Policy).

3.6 Blue Ocean usually collects your personal information directly from you. However, in some cases, Blue Ocean may collect your personal information from someone other than you, for example:

  • from real estate agents, mortgage providers, mortgage brokers and other third parties who are involved in the marketing, promotion and sale of our properties and Developments;
  • from our other service providers that help us develop our properties and provide our property-related services;
  • from third parties you authorise to disclose your information to us;
  • from marketing agencies, data collection and research organisations; and
  • from a publicly maintained record or other publicly available sources of information including social media and similar websites.

4. Can you deal with us without providing your personal information?

4.1 You are under no obligation to provide your personal information to Blue Ocean. However, without certain information from you, Blue Ocean may not be able to provide you with information about our properties tailored to your requirements and needs, sell a property to you, or provide other services, and we may be limited in how we can interact with you.

5. Why we collect, store and use your personal information

5.1 Generally speaking, Blue Ocean collects and uses personal information so that we can develop, improve and promote our property development, and property-related services and so we can conduct our property development and related businesses.

5.2 We may also use your personal information for purposes which are incidental to the development, improvement and promotion of our property development and related businesses, or for other purposes which are within your reasonable expectation or permitted by law.

5.3 The purpose for which Blue Ocean usually collects, stores or uses your personal information depends on how you interact with us. For example – whether you are a potential purposes of a property, or an employee. Some examples of the purposes for which Blue Ocean collects, holds, uses and discloses your personal information include:

To sell you a property, or provide you with other property-related services

We may handle your personal information to:

  • verify your identity;
  • communicate with you;
  • respond to your queries and provide you with products, services and information you request from us;
  • administer, manage and process any transactions you enter into, or propose to enter into, with us, including the purchase of property, any applicable payments, billing and account purposes or otherwise in connection with one of our Developments;
  • carry out our obligations arising from our contracts we enter into with you;
  • enforce the terms of any contract that you enter into with us, relating to our products and services;
  • help us to manage the property-related services we provide to you, including personalising your experience;
  • maintain our records as accurate, complete and up to date;
  • conduct trade promotions, competitions, giveaways and events;
  • investigate incidents (including potential incidents) which occur on or at our development sites, properties or premises;
  • comply with our legal and regulatory obligations including notifying you of matters that we may be required by law to notify you of;
  • manage our relationship with you; and
  • develop and improve the residential and other properties we develop, and the property-related services we provide, including by obtaining your feedback regarding such or by conducting market research.
To manage your working relationship with us (including if you are an employee or contractor)

We may handle your personal information to:

  • verify your identity;
  • consider your suitability as a prospective employee;
  • manage our working relationship with you;
  • investigate incidents (including potential incidents) which occur on or at our development sites, properties or premises; and
  • collect, store and use your personal information for administration and management purposes.
To do business with you

We may collect, store and use your personal information if you interact with us on a commercial basis (such as if you are a service provider, real estate agent, contractor or supplier to us), or if you otherwise interact with us on a commercial basis.

To manage and improve our operations and business

We may collect, store and use your personal information to:

  • conduct the general operation and management of Blue Ocean, our property development business and to supply our services to you;
  • train staff (including IT, development, legal and finance teams);
  • maintain appropriate work, health and safety standards at our development sites, properties and premises;
  • test and maintain information technology systems, including our website;
  • undertake security and risk management; and;
  • manage payments and debt recovery.
To create de-identified or aggregate data for data analytics

We may collect, store and use your personal information to create de-identified or aggregate data sets (which is no longer personal information). We do this by de-identifying or aggregating your information such as combining your information with information we have about our other customers, for example purchasing information, and with data we obtain from other sources. We use this de-identified or aggregate data to assist with our business decisions, such as to:

  • help us in understanding trends in customer behaviour (such as the success of our properties, and our different marketing campaigns);
  • create look-a-like audiences for the purposes of providing targeted advertising to other customers;
  • perform research and statistical analysis, including for customer satisfaction and service improvement purposes;
  • improve the products and services we offer; and
  • develop new properties that better meet our customers’ preferences and behaviours.
To assist with any business, share sale or corporate restructure

We may collect, store and use your personal information for the purpose of facilitating or implementing a transfer or sale of all or part of our assets or business or if we undergo any other kind of corporate restructure, acquisition or sale.

To comply with legal and regulatory obligations

We may collect, store and use your personal information for the purpose of complying with our obligations under any applicable laws and regulations, including privacy laws.

5.4 In addition to the purposes listed above, Blue Ocean may use your personal information for other purposes which we notify you of when we collect your personal information and for purposes otherwise permitted or required by law.

5.5 Blue Ocean only uses and discloses your personal information for the purpose for which it was collected, including related secondary purposes as permitted by privacy laws.

6. Who do we share your personal information with and why?

6.1 Blue Ocean shares your personal information with third parties:

  • or the purpose for which Blue Ocean collects it, as set out in section 5 of this Privacy Policy;
  • for other purposes, if we notify you of such when we collect the information; or
  • where we have otherwise received your consent, or the disclosure is required or authorised by law.

6.2 This may include disclosing your personal information to:

Related companies of Blue Ocean

We may share your personal information with related companies or special purpose vehicles of Blue Ocean, as appropriate. This includes joint venture entities and special purpose vehicles that Blue Ocean or its related companies have an interest in.

For example, we may share your personal information to another Blue Ocean entity who provided backend services or other services to another Blue Ocean entity.

Real estate / property agents

We may share your personal information with real estate/property agents who are assisting with the sale of our properties, where you have expressed interest in finding out more about a property, or making a purchase.

Financial providers

We may share your personal information with our financiers (and prospective financiers), financial institutes and/or mortgage brokers (as relevant).

Service providers and partners who assist in the conveyancing process

We may share your personal information with service providers, partners, and other third parties that provide their services to assist in the conveyancing process in property sales. This may include conveyancing lawyers and financial institutions, as well as agents or representatives appointed by you, including brokers, builders or contractors. This also includes any professional advisory services we use, including surveyors, engineers and other parties who are engaged to carry out works which may affect land purchased by you.

Our service providers, advisors and other entities we do business with

We may share your personal information with our:

  • service providers, agents, contractors and other third parties that provide services to us, including our technology service providers and administration service providers; and
  • professional advisors, including legal and accounting firms, auditors, consultants, insurers and other professional advisers.
Corporate restructure

We may share your personal information with people or entities considering acquiring an interest in Blue Ocean or any business or assets of Blue Ocean, for the purpose of facilitating or implementing a transfer or sale of all or part of our assets or business, or if we undergo any kind of corporate restructure. In this context, your personal information may be transferred to another entity.

Referees

We may share your personal information with your nominated referees to validate details you have provided us with, including your resume, qualifications, experience, training or abilities.

Responsible authorities, such as local councils and water authorities

We may share your personal information with some authorities to facilitate your purchase of a property from us, or to provide you with other related services.

Government and law enforcement agencies

We may share your personal information with government and law enforcement authorities:

  • in order to conduct our business, for example if we believe that there is action which needs to be taken to prevent fraud or criminal activity from occurring, or to protect the rights, property or personal safety of any person; and
  • where required by law, or in other limited circumstances (such as where required by a court order or a regulatory authority).

6.3 If you post information or other content to public sections of our website or to our social media sites, you acknowledge that the information or content may be viewed by the public and/or users of the relevant website or social media site.

7. Overseas disclosures

7.1 Some of the parties that Blue Ocean discloses your personal information to may be located outside Australia, including entities located in Europe, US and Asia.

7.2 We only ever share your personal information outside of Australia where we are permitted to do so under the Privacy Act. This means that we take reasonable steps to ensure that any such overseas recipients do not hold, use or disclose your personal information in a way that is inconsistent with the obligations imposed under the Privacy Act and the Australian Privacy Principles in the Privacy Act.

8. Links to other websites

8.1 When you access our website or other online services, we may provide as a convenience to you links to other websites, including sites operated by our partners, associates, or independent third parties. Each website has its own privacy practices, as described in that website’s privacy policy. Those practices may be different than the practices described in this Privacy Policy, and we encourage you to read each website’s privacy policy carefully before you use or submit information to that site.

8.2 Additionally, to the extent that you follow a link to a website operated by an independent third party, please be aware that we exercise no authority or control over that third party, and cannot and are not responsible for any information that you may submit to that site.

9. Cookies

9.1 Blue Ocean may collect statistical information when you access and use our websites and any online platforms available via our websites, by utilising features and technologies of your internet browser, including cookies and pixel tags. Cookies and pixel tags collect data about website traffic, assist in managing customised settings of the website and help deliver content. We collect certain information such as device type, IP address, and browsing information.

9.2 We use this information to analyse how our websites and other online services are being used, to improve our websites and other online services and provide more user friendly and customised websites and online services. These features and technologies do not specifically identify you unless you otherwise provide personal information to us that enables identification. If you do not wish to receive any cookies or pixel tags (other than those that are strictly necessary), you may use the settings in your browser to control how your browser deals with cookies. However, this may slow down or cause certain web pages to be inaccessible to you.

10. Direct marketing

10.1 Blue Ocean and/or our third party service providers may use your personal information to send you direct marketing communications and information about:

  • products, services, discounts, competitions and special promotions that we consider may be of interest to you, including about Developments or future Developments of the Blue Ocean group;
  • offers or promotions based on how you use our products and services; and
  • third party products and services (including offers and discounts we may have negotiated for our customers) that we think may interest you, for example, if we are selling residential land, we may promote the services of one or more builders.

10.2 Where you provide personal information to Blue Ocean, we may share this personal information to another entity in the Blue Ocean Group so that they may undertake direct marketing as set out in 10.1.

10.3 These communications may be sent in various forms, including by telephone, post, email, SMS or any other form of electronic communication, in accordance with the Privacy Act and the Spam Act 2003 (Cth).

10.4 If you do not wish to receive such communications, you can opt-out at any time by contacting us via the contact details set out in section 13 of this Privacy Policy or through the opt-out mechanism contained in a marketing communication to you.

10.5 We note that regardless of whether you opt out, we will still communicate with you if required by law to provide you with information, or in relation to the property you are purchasing or other property-related services we are providing to you.

11. Security of personal information

11.1 Blue Ocean takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss, and from unauthorised access, modification or disclosure, in accordance with applicable privacy law.

11.2 Steps we take to protect your personal information include:

  • Electronic records: Your personal information will be stored on databases held on servers located in a technologically secured environment, accessed only by authorised personnel or contractors. We also maintain physical security measures in relation to storage of our electronic records (such as locks and security systems), and maintain computer and network security, by using firewalls and other security systems to control access to our computer systems.
  • Paper-based files: We store personal information in paper-based files in secure storage, and maintain physical security measures to ensure that such personal information is protected, such as physical locks and security systems at our premises.
  • Our websites: Our websites use encryption and other technologies to ensure that your personal information is securely transmitted via the internet.

11.3 We will only keep your personal information we store for as long as is necessary for the purposes set out in this Privacy Policy, or as required to comply with any applicable legal obligations.

11.4 If you decide to not proceed with purchasing a property or land for which you have registered with us, we many still keep your information to the extent allowed under applicable privacy laws.

11.5 When we no longer require (and in accordance with any applicable laws), we will take steps to delete, destroy or de-identify that information.

12. Access and correction

12.1 You are entitled to request access to any of your personal information held by Blue Ocean. To make such an access request, please contact us using the contact details below at section 13.

12.2 Blue Ocean takes reasonable steps to ensure the personal information it holds is accurate, up-to-date, complete, relevant and not misleading. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you, and informing us of any change in your personal details.

12.3 In addition, under the Privacy Act, you have a right to seek access to and correction of your personal information that is collected and held by Blue Ocean. If at any time you consider any personal information we have about you is inaccurate, out of date, incomplete, irrelevant or misleading, you are entitled to request correction of that information using the contact details in section 13. Blue Ocean will grant access to the extent required or authorised by the Privacy Act and will take reasonable steps to correct your personal information.

12.4 Blue Ocean will respond to your request within 30 days. We may decline your request to access or correct your personal information in certain circumstances in accordance with applicable privacy laws, however if we do so, we will provide you with written reasons for the refusal and details of complaint mechanisms.

12.5 If you are dissatisfied with Blue Ocean’s refusal to grant access to, or correct, your personal information, you may complain to us using the contact details at section 13 below.

13. How can you contact Blue Ocean?

13.1 For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications or make a privacy complaint, please contact Blue Ocean’s Privacy Officer using any of the following contact details:

Email: info@blueoceandevelopments.com

Post: Suite 4, 1008 Doncaster Road Doncaster East VIC 3109

14. Privacy complaints and questions

14.1 If you have any questions or concerns about this Privacy Policy or how we have handled your personal information, you may contact us at any time using the relevant contact details set out above in section 13.

14.2 Please also contact us if you have a complaint about privacy. If you make a complaint about privacy, the following will occur:

Step 1.

We will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint. We will generally acknowledge your complaint within a week.

Step 2.

If your complaint requires more detailed consideration or investigation:

  • we will acknowledge receipt of your complaint within a week and endeavour to complete our investigation into your complaint promptly; and
  • we may ask you to provide further information about your complaint and the outcome you are seeking.
Step 3.

We will then typically gather relevant facts, locate and review relevant documents and speak with the individuals involved.

Step 4.

In most cases, we will respond to your complaint within 30 days from when we receive your complaint. If the matter is more complex or our investigation may take longer, we will let you know.

14.3 If you are not satisfied with our response to a complaint, or you consider that we may have breached the Privacy Act (including the Australian Privacy Principles), you are entitled to make a complaint to the Office of the Australian Information Commissioner (the Australian privacy regulator).

14.4 The Office of the Australian Information Commissioner can be contacted by telephone on 1300 363 992, or you can fill out this form to make a complaint about our handling of your personal information. Full contact details for the Office of the Australian Information Commissioner can be found online www.oaic.gov.au.