Privacy Policy

1. About this Privacy Policy

Riverina Surveying & Consulting Pty Ltd (ABN 76 697 730 975, ACN 697 730 975), trading as Riverina Surveying & Consulting (we, us or our), respects the privacy of individuals whose personal information we handle. This Privacy Policy explains how we collect, hold, use, disclose, secure, retain and provide access to personal information in connection with our website, enquiries, professional services and business operations.

This Policy applies to information handled through https://www.riverinasurveying.com.au (Website), by email or telephone, during site attendance and fieldwork, and through our dealings with clients, prospective clients, landowners, occupiers, adjoining owners, consultants, contractors, suppliers, job applicants and other project participants.

2. Scope and legal framework

The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) apply to Australian Government agencies, organisations with annual turnover above the statutory threshold and certain other organisations. As a small business operator, we may not be subject to every requirement of the Privacy Act in every circumstance. However, we seek to handle personal information consistently with the APPs as a matter of responsible business practice and will comply with the Privacy Act wherever it applies to us.

We also comply with other applicable laws, including laws governing electronic communications, consumer protection, surveying and spatial information, court or regulatory processes, taxation, employment, work health and safety, records, copyright and serious invasions of privacy.

Where another law requires or authorises us to collect, use, retain or disclose information, that law prevails to the extent of any inconsistency with this Policy.

3. Definitions

• Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information is true and whether or not it is recorded in material form.
• Sensitive information has the meaning given by the Privacy Act and includes certain information about health, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual orientation, criminal records and biometric information.
• Services means the surveying, spatial, development-support and consulting services that we may agree in writing to provide.
• Client means the person or entity that has entered into a written engagement with us, and includes an authorised representative where the context permits.
• Service provider means a third party engaged to support our operations, including providers of hosting, cloud storage, email, communications, accounting, document management, analytics, cybersecurity or professional services.

4. Personal information we may collect

The kinds of personal information we collect depend on the nature of the enquiry, project or relationship. We may collect:

• names, signatures, job titles, business names and contact details;
• residential, postal, business, project and property addresses;
• telephone numbers, email addresses and communication preferences;
• information submitted in an enquiry, request for quotation, consultation request, email, form or telephone call;
• lot, deposited plan, strata plan, title, easement, ownership, occupancy and property-access information;
• identification or authority information where reasonably required to confirm identity, ownership, instructions or authority to act;
• project, development, construction, planning, design, engineering and site information;
• survey observations, field records, sketches, plans, calculations, reports, photographs, videos, aerial imagery, point clouds, coordinates and other spatial information that may identify or relate to individuals or their property;
• information about adjoining owners, tenants, occupiers, owners corporations, witnesses, contractors, consultants and other project participants;
• billing, transaction, accounting and debt-recovery information, but not complete payment-card details where payment is processed by an external provider;
• complaint, dispute, insurance, incident and legal-claim information;
• supplier, subcontractor, employment and recruitment information;
• website and device information, such as IP address, browser type, device type, operating system, referral source, pages visited, form activity and timestamps; and
• other information that is reasonably necessary for our functions or activities or required or authorised by law.

Property ownership, title, development and planning information may also be available from public registers, government authorities, councils, NSW Land Registry Services or professional information services. Information being publicly available does not prevent it from being personal information in all circumstances.

5. How we collect personal information

We may collect personal information directly from an individual when they contact us, submit a Website form, request a quotation, instruct us, provide documents, communicate with us, attend a meeting, make a payment, apply for work or otherwise deal with us.

We may also collect information through fieldwork, inspections, site photography, lawful drone operations and the preparation of surveying or spatial records.

We may collect personal information from third parties where reasonably necessary, including from clients, authorised representatives, landowners, occupiers, adjoining owners, builders, developers, architects, engineers, town planners, solicitors, conveyancers, councils, utility authorities, government agencies, NSW Land Registry Services, public registers, referees, insurers and service providers.

Where the Privacy Act applies, we will take reasonable steps to notify an individual of relevant collection matters at or before collection, or as soon as practicable afterwards, unless an exception applies or notification would be unreasonable or impracticable in the circumstances.

6. Information about people other than our client

Surveying and development projects frequently involve people who are not the contracting client, including adjoining owners, tenants, site occupiers, owners corporation representatives, contractors, neighbours and members of a project team. We may collect their information indirectly where reasonably necessary to investigate title, arrange lawful access, conduct fieldwork, identify relevant interests, comply with professional obligations, communicate about a project or prepare deliverables.

If you provide us with another person's personal information, you must have a lawful basis and appropriate authority to do so. You should inform that person that their information may be provided to us and direct them to this Policy where reasonable.

Nothing in this Policy authorises entry onto land, surveillance, photography or drone operations beyond what is permitted by law. Our rights and obligations concerning access to land are governed by applicable law and project-specific circumstances.

7. Why we collect, use and disclose personal information

We may collect, use and disclose personal information for purposes including:

• responding to enquiries and assessing whether we can accept an engagement;
• confirming identity, authority, title, ownership, occupancy, site access and project requirements;
• preparing proposals, estimates, quotations, engagement documents and project plans;
• performing cadastral, boundary, detail, topographic, engineering, construction, strata, community, easement, drone, spatial and related services;
• preparing, checking, certifying, issuing, lodging, amending and retaining plans, reports, models, calculations and other deliverables;
• providing subdivision, development application, Statement of Environmental Effects, planning and council-liaison support;
• communicating with clients, landowners, occupiers, project teams, consultants, councils, government agencies, authorities and NSW Land Registry Services;
• engaging and managing employees, contractors, subcontractors, specialist consultants and service providers;
• quality assurance, peer review, professional supervision, training and compliance;
• administering accounts, payments, debt recovery, insurance, complaints and disputes;
• maintaining security, preventing fraud, managing incidents and protecting legal rights;
• complying with professional, statutory, regulatory, taxation, employment, safety, insurance, court and legal obligations;
• improving our Website, systems, services, client experience and business operations; and
• direct marketing where lawful and consistent with the preferences of the recipient.

We may use or disclose information for a secondary purpose where the individual has consented, the purpose is related to the primary purpose and reasonably expected, or the use or disclosure is otherwise required or authorised by law.

8. Sensitive information and government identifiers

We do not ordinarily seek sensitive information. We will only collect sensitive information where it is reasonably necessary and the individual consents, or where collection is otherwise permitted by law. Please do not send medical records, identity documents, tax file numbers or other sensitive information unless we have specifically requested them and explained why they are required.

We will not adopt, use or disclose a government-related identifier as our own identifier except where permitted by law. Where government identifiers are lawfully collected, they will be handled only for the purpose for which they are required or as otherwise permitted by law.

9. Website, cookies and analytics

When you use the Website, our systems or service providers may automatically collect technical information such as your IP address, device and browser type, operating system, referring page, pages viewed, interaction data and time of access.

The Website may use cookies or similar technologies for essential operation, security, functionality, performance measurement and analytics. Cookies are small data files stored on a device. You may block or delete cookies through your browser settings, but some Website functions may not operate correctly as a result.

We may use third-party website hosting, analytics, mapping, form-processing, spam-prevention or embedded content services. Those providers may collect information under their own privacy policies. We do not use technical information to make decisions producing legal or similarly significant effects about individuals unless we first provide any notice required by law.

Submitting a form or uploading documents through the Website does not create a professional engagement. Do not upload highly sensitive or confidential information until appropriate arrangements have been confirmed.

10. Direct marketing and electronic communications

We may send information about our services where we have consent or another lawful basis. Commercial electronic messages will identify the sender and provide a functional unsubscribe facility as required by the Spam Act 2003 (Cth).

An enquiry or one-off business communication does not automatically mean that a person has agreed to receive ongoing marketing. We will distinguish service or transactional communications from marketing communications. You may withdraw marketing consent at any time by using the unsubscribe facility or contacting us. We will action valid unsubscribe requests within the period required by law.

11. Disclosure to third parties

We may disclose personal information where reasonably necessary to:

• our directors, officers, employees, authorised representatives and contractors;
• registered surveyors, subcontractors, town planners, engineers, architects, builders, solicitors, conveyancers and other project consultants;
• clients, landowners, occupiers, adjoining owners or project participants where disclosure is reasonably necessary and lawful;
• councils, NSW Land Registry Services, government agencies, utility providers, regulators and public authorities;
• insurers, brokers, auditors, accountants, legal advisers, debt-recovery providers and dispute-resolution bodies;
• providers of website hosting, email, cloud storage, communications, accounting, customer management, document management, payment, analytics, backup and cybersecurity services;
• a purchaser, financier or adviser in connection with a proposed sale, restructure, merger or transfer of all or part of our business, subject to appropriate confidentiality protections; and
• courts, tribunals, law-enforcement bodies or other persons where required or authorised by law or reasonably necessary to establish, exercise or defend legal rights.

We do not sell personal information as a business practice. We seek to limit disclosure to information reasonably required for the relevant purpose.

12. Overseas storage and disclosure

Some technology and cloud service providers may store, process, back up or provide support for information outside Australia. Depending on the provider and service configuration, information may be handled in Australia, the United States and other countries in which the provider or its subcontractors operate.

Where the Privacy Act applies, we will take reasonable steps before disclosing personal information to an overseas recipient to ensure that the information is handled consistently with applicable privacy requirements, unless an exception applies. We cannot guarantee that every service provider stores all information exclusively in Australia.

You may contact us for current information about the categories of overseas service providers we use and, where practicable, the countries in which personal information is likely to be handled.

13. Information security

We take reasonable administrative, physical and technical steps appropriate to the nature of the information and our business to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Measures may include access controls, passwords, multi-factor authentication, device security, secure cloud services, backups, software updates, confidentiality obligations, staff awareness, secure disposal and incident response procedures.

No method of electronic transmission or storage is completely secure. We therefore cannot guarantee absolute security. You are responsible for using appropriate security when sending information to us and for promptly notifying us if you believe information has been sent to the wrong recipient or an account has been compromised.

14. Retention and disposal

We retain personal information for as long as reasonably necessary for the purpose for which it was collected and for legitimate legal, professional, taxation, insurance, contractual, dispute, limitation-period and business requirements.

Surveying and professional records, including field notes, measurements, calculations, plans, reports, certificates, correspondence and project files, may be retained for extended periods where required or reasonably appropriate for professional accountability, statutory compliance, title history, future reference or the defence of claims.

When personal information is no longer required and we are not legally or professionally required to retain it, we will take reasonable steps to destroy it securely or de-identify it. Residual copies may remain temporarily in backups or archives until they are overwritten or securely deleted in accordance with normal system processes.

15. Access and correction

You may request access to personal information we hold about you or ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading. Requests should be sent to the contact details in section 21 and should provide enough information for us to identify the relevant records.

We may need to verify your identity and authority before providing access or making a correction. We will respond within a reasonable period. Where permitted by law, we may refuse access or limit the information provided, including where access would unreasonably affect another person, reveal commercially sensitive information, prejudice legal proceedings or breach a legal obligation. Where required, we will provide written reasons for refusal and information about available complaint mechanisms.

We will not charge for making an access or correction request. We may charge reasonable costs of locating, compiling or providing access where permitted by law, after notifying you in advance.

16. Privacy complaints

If you have a concern about our handling of personal information, please contact us in writing using the details in section 21. Include your name, contact details, a clear description of the concern and any relevant documents. We will acknowledge the complaint and seek to investigate and respond within a reasonable period, generally within 30 days where practicable.

If the Privacy Act applies and you are not satisfied with our response, you may be able to complain to the Office of the Australian Information Commissioner. The OAIC may not have jurisdiction where a small-business exemption or another exclusion applies. Other regulators, courts or complaint bodies may also have jurisdiction depending on the issue.

17. Data breaches

A data breach may occur if personal information is lost, accessed or disclosed without authorisation. If we become aware of a suspected breach, we will take reasonable steps to contain it, assess the circumstances, reduce harm, preserve relevant evidence and improve controls.

Where the Notifiable Data Breaches scheme applies and an eligible data breach is likely to result in serious harm, we will notify affected individuals and the OAIC as required by law. Where the statutory scheme does not apply, we may still notify affected persons or relevant authorities where appropriate to reduce harm or meet other obligations.

18. Children

Our Website and services are not directed primarily to children. We may handle information about a minor where reasonably necessary for a property, family, employment, safety or project matter and where collection is lawful. Where appropriate, we will deal with a parent, guardian or authorised representative.

19. Third-party websites and services

The Website may link to third-party websites, maps, portals or services. We do not control their privacy practices and are not responsible for matters outside our reasonable control. You should review the privacy policy and terms of each third-party service before providing personal information.

20. Changes to this Policy

We may update this Policy to reflect changes to our practices, technology, services or legal obligations. The current version will be published on the Website with its effective date and version number. A change will not retrospectively reduce rights that cannot lawfully be reduced.

21. Contact us

Please mark privacy-related correspondence “Attention: Privacy Officer”.