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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
30 May 2019 v1.3
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Clause 1
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Definitions
In this Offer to Lease the following terms mean:
(1)
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Data Collection Agency: means an agency or organisation that collects real estate data to provide information to the real estate, finance and property valuation industries to enable data analysis.
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(2)
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Personal Information: means personal information as defined in the Privacy Act 1988 (CTH).
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Clause 6
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6.1
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The Lessor’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988 (CTH)) and where required maintain a Privacy Policy.
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6.2
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The Privacy Policy outlines how the Lessor’s Agent collects and uses Personal Information provided by you as the Applicant/s, or obtained by other means, to assess your Offer to Lease and provide the services required by you or on your behalf.
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6.3
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You as the Applicant/s agree, to further assess your Offer, the Lessor’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such information to:
(1)
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the Lessor as Owner of the Premises to which this Offer applies, insofar as such information is relevant to the managing and/or leasing of the Premises; and/or
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(2)
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tenancy databases for the purpose of confirming details in your Offer and enabling a proper assessment of the risk in providing you with the lease; and/or
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(3)
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tradespeople and similar contractors engaged by the Lessor/Lessor’s Agent in order to facilitate the carrying out of works with respect to the Premises; and/or
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(4)
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previous managing agents or landlords and nominated referees to confirm information provided by you; and/or
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(5)
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the Lessor’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Lessor’s Agent relating to the administration of the Premises and use of the Lessor’s Agent’s services; and/or
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(6)
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a utility connection provider where you request the Lessor’s Agent to facilitate the connection and/or disconnection of your utility services; and/or
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(7)
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Owners Corporations.
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6.4
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Documents or copies of documents provided to establish the identity of the Applicant/s or persons entitled to deal on behalf of the Applicant/s, will be retained by the Lessor’s Agent in accordance with the Australian Privacy Principles and will not be used for any purpose other than confirming the identity of such person/s.
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6.5
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Without provision of certain information the Lessor’s Agent may not be able to act effectively or at all on the Lessor’s behalf as a result of which your Offer may not be acceptable to the Lessor.
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6.6
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The Applicant/s have the right to access such Personal Information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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6.7
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If thise Offer is not accepted by the Lessor/Lessor’s Agent or is withdrawn by the Applicant/s, all information contained in this Offer and the copy of any the lease contract remains confidential. This does not prevent any party making a disclosure required by law and does not include information normally in the public domain.
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6.8
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The Lessor’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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Clause 7
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Data Collection
Upon signing this Offer the parties agree the Lessor’s Agent, and the form completion service provider providing this form, may without disclosing Personal Information collect, use and disclose to Data Collection Agencies information contained in this Offer and any subsequent lease contract.
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11 Jun 2015 v1.2
Copyright statement updated.
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12 Mar 2014 v1.1
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Clause 5
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Privacy Statement
5.1
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The Lessor’s Agent collects and uses personal information provided by you as the Applicant/s to assess your Offer to Lease and provide services required by you or on your behalf during the Lease.
The Lessor’s Agent must comply with the provisions of the Australian Privacy Principles (Privacy Act 1988) and where required maintain a Privacy Policy.
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5.2
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The Privacy Policy outlines how the Lessor’s Agent collects and uses personal information provided by you as the Applicant/s, or obtained by other means, to assess your Offer to Lease and provide the services required by you or on your behalf.
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5.3
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You as the Applicant/s agree, to further assess your Offer, the Lessor’s Agent may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, from and use and disclose such personal information to:
(1)
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the Lessor as Owner of the Premises to which this Offer applies; &/ or
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(2)
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tenancy databases for the purpose of confirming details in your Offer and enabling a proper assessment of properly assessing the risk in providing you with the Lease; &/or
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(3)
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tradespeople and similar contractors engaged by the Owner/Lessor/Lessor’s Agent in order to facilitate the carrying out of works with respect to the Premises; &/or
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(4)
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previous managing agents and nominated Referees to confirm information provided by you; &/or
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(5)
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the Lessor’s Owner’s insurance companies; authorised real estate personnel; courts and tribunals and other third parties as may be required by the Lessor’s Agent relating to the administration of the Premises and use of the Lessor’s Agent’s services; &/or
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(6)
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Owners Corporations Body Corporates (if applicable)
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5.4
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Without provision of certain information the Lessor’s Agent may not be able to act effectively or at all on the Lessor’s Owner’s behalf as a result of which your Offer may not be acceptable to the Lessor Owner.
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5.5
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The Applicant/s have the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.
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5.6
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If the Offer is not accepted by the Lessor/Lessor’s Agent or is withdrawn by the Applicant/s, all information contained in this Offer and the copy of the Lease Contract remains confidential. This does not prevent any party making a disclosure required by law and does not include information normally in the public domain
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5.7
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The Lessor’s Agent will provide (where applicable), on request, a copy of its Privacy Policy.
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