RAINMAKER - PRIVACY POLICY

Last Updated:  1 March 2019

Rent360 Pty Ltd trading as Rainmaker, ACN 611 483 857 (“Rainmaker“, “we”, “our” and “us“) manages the information that we collect from you in accordance with all applicable privacy legislation in Australia.

Your personal information is important to us and we are committed to dealing with your personal information in a secure and professional manner.

This Privacy Policy describes how Rainmaker handles your personal information and sets out the rights and obligations that both you and Rainmaker have in relation to your personal information. Rainmaker has prepared this document in compliance with its obligations under the Privacy Act 1988 (including the Australian Privacy Principles).

A reference to a user in this agreement includes business owners, real estate agents, property managers, buyers’ agents, landlords, tenants, home sellers, home buyers and any other person that visits or views the Platform and/or Sites (defined below). As a user of the Platform, you (“client”, “you”, “your” and “user”) are agreeing to follow and be bound by this Privacy Policy when using the Platform and/or Sites provided by Rainmaker.

Also, by using the Rainmaker Platform you will be deemed have understood and accepted the terms and conditions of Rainmaker’s user agreement which can be viewed on the Platform (“Terms”), which includes your consent to, and authorisation of, the collection, use and disclosure of your personal information in accordance with this Privacy Policy.

If you are a representative of a body corporate (e.g. a corporation), then it is a condition of you continuing to use our Platform that you warrant that you have authority to accept the Terms on behalf of that body corporate, and the Terms specify the terms of a legally binding agreement between that body corporate and us. By using the Platform, you also confirm that you are 18 years of age or over, or otherwise have legal parental or guardian consent.

Please note that Rainmaker reserves the right to make changes to this Privacy Policy from time to time. Any such changes will be posted via the www.rainmakerpro.com.au or https://rainmaker.rent360.com websites (“Sites”). It is your responsibility to review the Privacy Policy as published on the Sites at regular intervals.

 

1      Collection and Use of Your Personal Information

 

1.1. Rainmaker is an online reputation management platform primarily for real estate businesses (the “Platform” or the “Rainmaker Platform”).

1.2. Rainmaker collects personal information when you register on the Rainmaker Platform and complete your agency and/or agent profile. This may include, but is not limited to your name, photo image, email, mobile, office location, licence information, professional biography, languages spoken and billing information (“Business Data”).

1.3. Rainmaker may also collect personal information from your customers. This may include, but is not limited to a name, email, mobile, customer type, property address customer feedback and capturing customer reviews on third-party review sites (“Customer Data”).

1.4. If your Business Data changes, it is your responsibility to update your Rainmaker account with those changes, so that we can keep our records complete, accurate and up to date.

1.5. A failure by you to provide information requested by us may mean that we are unable to provide some or all of our services to you.

1.6. You will not be anonymous to us when you log into the Platform or post any content on the Platform.

1.7. Rainmaker may also receive and record information from your internet browser and computer, including IP addresses, cookies (see section 2 below), software and hardware attributes and your page requests.

1.8. In addition to data collected from your submissions, we may also collect data on reviews posted by and/or about you from third-party review sites including but not limited to Google, Facebook, Productreview.com.au, realestate.com.au and RateMyAgent and other services.

1.9. Rainmaker may use the information collected by it to provide the Rainmaker services, including (but not limited to):

 

(a)   identification and authentication;

(b)   to protect Rainmaker and the users of the Platform;

(c)   to verify your credit status and perform on-going credit checks;

(d)   to collate and analyse your customer reviews content from third-party websites;

(e)   to customise the content and any advertising displayed on the Platform;

(f)    to provide, maintain, protect and improve our services;

(g)   providing your information to a user with whom you have or had a contract facilitated by Rainmaker;

(h)   to invoice you for your use of the Rainmaker service;

(i)    as required by law, order of a court, tribunal or regulator or if Rainmaker reasonably believes that the use or disclosure of the information is reasonably necessary for enforcement related activities;

(j)    to develop new service features;

(k)   to ensure that Rainmaker receives payment of the fees due to it;

(l)    to contact you (for example, to inform you about upcoming changes or improvements to our services);

(m) to conduct research;

(n)   to permit content on the Platform (such as postings or third-party advertisements) to be targeted, on an aggregate basis, to the users for whom it is most likely to be relevant;

(o)   to expand our user base;

(p)   to develop our relationships with third-party review sites; and

(q)   to generate data reports on an aggregated, non-personally identifiable basis, for both internal and third party use, but subject to any applicable laws (for example, we may show advertisers or review trends relating to the general use of Rainmaker’s services).

 

1.10.      In certain circumstances we will use your email address to administer our user agreements

1.11.      If we collect, use or disclose any information from you that is not personal information, but is sensitive information, then we will seek consent directly from you each time we collect, use or disclose your sensitive information, including for direct marketing purposes. We will not use or disclose your sensitive information for any other purpose unless the purpose is directly related to the primary purpose for which your sensitive information was collected.

 

2.    Cookies and Anonymous Identifiers

 

2.1. If you have registered on the Platform then your computer or device may store an identifying cookie or anonymous identifier, which can save you time each time you re-visit the Platform, by accessing your information when you sign-in to Rainmaker.

2.2. Rainmaker may use cookies and anonymous identifiers for a number of purposes including to access your information when you sign in, keep track of your preferences, direct specific content to you, report on Rainmaker’s user base, and to improve Rainmaker’s services.

2.3. You agree that if you change the settings on your internet browser to block or restrict cookies (including cookies associated with Rainmaker’s services), or to indicate when a cookie is being set by Rainmaker, the Rainmaker services may not work as intended. You should remember that, while you may still be able to use the Platform if your cookies are disabled, our services may not function properly on your device and you may not be able to take advantage of certain Rainmaker features.

 

3.    Protecting and Maintaining Personal Information

 

3.1. We store your personal information in a secure environment protected from unauthorised access, modification or disclosure in Australia and in some instances overseas.

3.2. Rainmaker takes appropriate organisational and technical measures to protect information (including traffic data) provided to it or collected by it and does not retain it any longer than permitted in order to perform its services or as required under relevant legislation.

3.3. Your information can only be accessed by authorised employees of Rainmaker who need access to such information in order to be able to fulfil their given duties.

3.4. Rainmaker takes appropriate technical measures to protect the confidentiality of the communications content via its Rainmaker services and observes applicable obligations and exceptions under the relevant legislation.

3.5. Users are protected by a password for your privacy and security. We will take all reasonable steps to protect the information we hold about you from unauthorised access, use and disclosure, however, we cannot guarantee the absolute security of that information, or that our systems will be completely free from third party interception or are incorruptible from viruses.

3.6. You are entirely responsible for maintaining the security of your passwords and/or account information.

3.7. We cannot and do not guarantee that information you send from your computer to us over the Internet will be protected by any form of encryption (encoding software). In light of this, we cannot and do not ensure or warrant the security or privacy of your personal information, including payment and account details. You transmit your personal information to us at your own risk.

 

4      Third Parties

 

4.1  The Platform may contain links to third party websites including the websites of our clients, third-party review sites, advertisers, payment processors and PayPal, or make available services obtained from third parties, including verification services by third-party verification providers. If you follow a link to any of these websites or use any services obtained from third-party service providers via the Platform that requires you to provide personal information (including sensitive information if relevant) directly to such third-parties (for instance third-party verification providers), note that they have their own privacy policies. If you use our Platform to link to another site, or use a service obtained from a third-party service provider via the Platform, you will be subject to that site’s or third party’s terms and conditions of use, privacy policy and security statement. We strongly encourage you to view these before disclosing any of your personal information on such sites.

4.2  Rainmaker does not control, and does not accept any responsibility or liability for, the privacy policy of, and use of personal information by, any party other than Rainmaker, including any user of the Platform, the operators of any website to which the Platform links, or third-party service providers to whom you directly provide your personal information (including sensitive information if relevant) to.

4.3  If Rainmaker is involved in a merger, acquisition or asset sale, we will give affected users of the Platform notice before their personal information is transferred to another entity or becomes subject to a different privacy policy.

 

5      Marketing

 

5.1  When you register on the Platform or conclude a transaction on the Platform you may be given the opportunity to elect (“opt-in”) to receive updates on our latest services, news and special offers, and those of our business partners (“Marketing Material”), via your Rainmaker account, personal e-mail address, post or telephone.

5.2  Once you opt-in to receive Marketing Material, you may, at any time, opt-out of receiving Marketing Material. To opt-out go to the ‘Account’ link on the Platform, choose ‘Account Details’ and update your preferences. You can also click on the “unsubscribe” link in any email containing Marketing Material that we send you, or you can request an opt-out by emailing Rainmaker using the contact information provided on the Platform. If you no longer consent to receiving Marketing Material then you must opt-out in one of these ways.

5.3  Rainmaker may contact you as the result of a referral by another user of the Platform who has provided us with your contact information, such as your name and email address. The use of contact information received in connection with a referral will be governed by this Privacy Policy. You may, at any time, opt-out of Rainmaker’s referral system by emailing Rainmaker using the contact information provided on the Platform.

5.4  Rainmaker uses remarketing with Google Analytics and Facebook to advertise online. Using the Ads Settings in a personal Google account, visitors can opt-out of Google Analytics for Display Advertising and customise Google Display Network ads.

 

6      Administrative Communications

 

6.1  Rainmaker reserves the right to send you administrative and account-related messages that you may not opt-out of. To cease all communications to you from Rainmaker you must close down your Rainmaker account.

 

7      Accessing Personal Information

 

7.1  We will allow you, at any time, to access, edit, update and/ or delete the business and personal information that we hold about you, unless:

 

(a)   We are legally permitted or required to deny you access to, and/ or to retain, the information; or

(b)   you make request(s) that are unreasonably repetitive, require Rainmaker to make a disproportionate technical effort (for example, to develop an entirely new system), risk the privacy of others, or would be highly impractical to comply with.

 

7.2  If you wish to access the personal information we hold about you, or to delete your Rainmaker account, you should contact Rainmaker using the contact information provided at https://rainmakerpro.com.au/contact/.

7.3  We need to prevent information in our systems from being accidentally or maliciously destroyed. This means that, where you delete information from our services, residual copies of that information on our active servers, as well as any corresponding information on our back-up systems, may not be immediately deleted.

 

8      Privacy Concerns

 

8.1  If you have concerns about how we handle your personal information or require further information, please email Rainmaker using the contact form provided on the Platform. If you make a formal written complaint in relation to our compliance with this Privacy Policy, we will contact you to follow up on that complaint. Other than material that you voluntarily choose to post on the Platform (such as agency and agent profiles and reviews on other users), the only information about you that we will post publicly is your Rainmaker public profile.