Welcome to the Costi Cohen website at www.costicohen.com.au (the Website).
Please read the below with care. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website.
2. Accuracy of Content
2.1. We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date or error free.
2.2. We may not have not checked floor area, property size, property descriptions and other information published on the Website about any property.
2.3. Prior to making any decision about any property advertised on the Website, you must independently verify any information about the property that you intend to rely on.
3. Website Availability and Restrictions
3.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
3.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, license, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
(b) do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
(c) use the Website in any way that infringes Our rights or the rights of any third party;
(d) use the Website to create any product or service that competes with the Website; or
(e) take any steps to circumvent any technological protection measure or security measures in the Website.
3.4. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
4. Acceptable Use Policy
4.1. You agree that:
5. Intellectual Property Rights
5.2. As between You and Us, We own all Intellectual Property Rights in the Website.
5.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an “Improvement Suggestion”) becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
5.6. You must not take any step to invalidate or prejudice Our (or Our licensors’) Intellectual Property Rights in the Website or otherwise.
6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of Our Website.
6.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
7. Responsibility for third party claims
7.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
(a) Your use of the Website; and/or
(b) Your goods and/or services and/or your advertising and/or sales and/or marketing practices.
8.1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website, including images and descriptions of property, is accurate, correct, up-to-date or error free.
9.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
9.3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
10. Warranties – Australian Consumer Law
10.1. Any goods and services supplied by Us through the Website may come with implied non-excludable guarantees which are regulated by the Australian Consumer Law. The extent of the implied guarantees depends on whether You are a ‘consumer’ of goods or services within the meaning of that term pursuant to the Australian Consumer Law as amended.
10.2. If any goods or services supplied by Us to You are supplied to You in Your capacity as a ‘consumer’ of goods or services within the meaning of that term in the Australian Consumer Law as amended You will have the benefit of certain non-excludable guarantees in respect of those goods or services and nothing in these terms and conditions excludes or restricts or modifies any guarantee which pursuant to the Competition and Consumer Act 2010 (Cth) is so conferred. However, if the goods or services are subject to a non-excludable guarantee implied by the Australian Consumer Law and the goods or services are not ordinarily acquired for personal, domestic or household use or consumption, then pursuant to section 64A of the Australian Consumer Law, We limit Our liability for breach of any such non-excludable guarantee implied by the Australian Consumer Law (other than a guarantee implied by sections 51, 52 or 53 of the Australian Consumer Law) or expressly given by Us to You, in respect of each of the goods and services, to one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
11.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice.
12.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
12.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website.
12.3. Any notice issued by hand shall be deemed delivered upon delivery.
12.4. Any notice issued by post shall be deemed delivered 6 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
12.5. We may send You email or other electronic messages concerning the Website from time to time.
14. Dictionary and Interpretation provisions
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in New South Wales.
Business Hours means 9:00am – 5:00pm on Business Days.
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
We, Our and Us means Costi Cohen Pty Ltd.
You means you, the person who accesses the Website for any reason.
(c) Currency refers to Australian dollars unless specified otherwise.
(e) A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
(f) A reference to time is to time in New South Wales.
(g) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(h) The words “includes”, “including” and similar expressions are not words of limitation.
What is Personal Information?
What type of Personal Information does Costi Cohen collect and hold about me?
Costi Cohen may collect any of the following information about you if you are a current or prospective vendor or purchaser of real estate or if you visit our website or make an enquiry with us via another method:
- contact details (including, name, address, telephone number and email address);
- credit card and payment details;
- financial information, including assets, liabilities, income, outgoings, spending patterns and credit reference reports;
- desired property ownership details; and
- details of properties sold or acquired by you.
How does Costi Cohen collect Personal Information about me?
Costi Cohen collects your Personal Information directly from you unless it is unreasonable or impracticable to do so. We may collect Personal Information from you in various ways, including when you write to or email us, when you access and use our website and during conversations between you and our representatives.
Costi Cohen may collect information about you from the following third party sources:
- various databases in the public domain such as Telstra White Pages, Australia Post DPID; database, NSW Land Registry Services or other property databases; and
- referrals and recommendations from existing clients of Costi Cohen.
What happens if we can’t collect your Personal Information?
If you do not provide us with the Personal Information described above, some or all of the following may happen:
- we may not be able to provide our services to you, either to the same standard or at all;
- we may not be able to provide you with information about services that you may want, including information about new properties that are available for purchase; or
- we may be unable to tailor the content of our website to your preferences and your experience of our website may not be as enjoyable or useful.
Why does Costi Cohen collect, hold, use and disclose your Personal Information?
Costi Cohen collects this information for a range of purposes including:
- to enable Costi Cohen to provide you with the services and/or products that you may require from us such as to facilitate your purchase of a property;
- to comply with local, state and federal legislation or regulations, including with respect to real estate property sales and related administration;
- to enable Costi Cohen and its third party partner businesses to assist you with related or ancillary services, as required;
- for our internal administrative, marketing, planning, product development and research requirements;
- to share your Personal Information within the Cohen Handler Group (which includes Cohen Handler, Cohen Handler Pty Ltd, Cohen Handler QLD Investments Pty. Limited, Costi Cohen Pty Ltd and Costi Cohen Holdings Pty Ltd), and our and their personnel, contractors or service providers;
- to update Costi Cohen’ records and keep your contact details up to date;
- to deal with your queries or customer service issues promptly, whether by email, telephone or mail;
- to keep you up-to-date with services we think would be of particular interest to you;
- to conduct relevant business processing functions; and
- to process and respond to any complaint made by you.
How does Costi Cohen use the Personal Information held about me?
Any Personal Information about you that Costi Cohen collects and records will only be used or disclosed by Costi Cohen for the purpose of:
- compliance with obligations under real-estate regulations and laws applicable for all states in Australia;
- helping Costi Cohen efficiently and effectively deliver and improve on products and services;
- any other purpose if you would reasonably expect Costi Cohen to use or disclose that Personal Information for that other purpose and that other purpose is related to the purpose for which the information is collected;
- to provide you with access to protected areas of our website and to assess the performance of our website and to improve the operation of our website;
- growing our business and conducting our business processing functions including sharing Personal Information within the Cohen Handler Group and its Personnel;
- for Costi Cohen’ marketing purposes;
- for Costi Cohen’ administrative, planning, product or service development, quality control and research purposes; and
- complying with any legal, contractual or statutory obligations.
Costi Cohen may also use or disclose the information it collects for any other purpose specified to you at the time of collection.
If Costi Cohen wishes to use or disclose any of your Personal Information in any other ways than described above, Costi Cohen will not do so unless it:
- has your express consent to do so;
- has reasonable grounds to believe that the use or disclosure is necessary to prevent a threat to life or health; or
- has reasonable grounds to believe that the use or disclosure is required by law or to enforce the law.
What about Direct Marketing?
We may send you direct marketing communications and information about our services that we consider may be of interest to you. These may include:
- offering to provide you with products or services provided by Costi Cohen and third party business partners; or
- sending you news and other information about Costi Cohen’ activities and general promotional material which Costi Cohen believes may be of interest to you.
These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). When Costi Cohen does this, Costi Cohen will provide you with an express opportunity to decline receiving any further communication from Costi Cohen of this type via an opt-out mechanism. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so.
You may at any time request not to receive direct marketing from Costi Cohen by contacting us (see the details below) or by using opt-out facilities provided in the marketing communications and we will then ensure that your name is removed from our mailing list.
The Costi Cohen Website
As our website is linked to the Internet, and the Internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any Personal Information or other information, which you transmit to us online, is transmitted at your own risk.
Our website may contain links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website. Our linking to those websites does not mean that we endorse or recommend them. Third party websites are responsible for informing you about their own privacy practices. You may interact with social media platforms via social media widgets and tools linking to our social media accounts (e.g. our twitter account) that may be installed on our website. These widgets and tools may collect your IP address and other personal information. Your interactions with such widgets and tools, and any single sign-on services are governed by the privacy policies of the relevant social media operators and single sign-on service providers – please read them so that you are aware of how they process your personal information.
Can I be anonymous when I deal with Costi Cohen?
To some extent you can preserve your anonymity when you deal with Costi Cohen. You can browse our website without providing any Personal Information, you can access our real-estate advertising in various publications and you can generally attend auctions without providing personal details if you do not intend to bid.
However, when you enter into transactions with Costi Cohen (or any other entity in the Cohen Handler Group) or any Costi Cohen client that Costi Cohen is representing, that involve the sale or purchase of real estate property, we may need to identify you in order to provide our services.
What happens if I want to access or correct the Personal Information held about me?
You may request access to your Personal Information held by Costi Cohen at any time by contacting us. We will respond to your request for access within 14 days and endeavour to provide the requested information within 30 days.
Costi Cohen may charge you a reasonable fee to cover its administrative and other reasonable costs in providing the information to you. Costi Cohen will not charge for simply making the request and will not charge for making any corrections to your Personal Information.
There may be instances where we cannot grant you access to the Personal Information about you that we hold. For example, we may not be able to provide access to information in the following situations:
- where in Costi Cohen’ opinion providing your access may create a serious threat to the life or health of any individual or may be an unreasonable intrusion into the privacy of another individual;
- where your request for access is, in Costi Cohen’ opinion, frivolous or vexatious; or
- where providing access would be unlawful, may prejudice an investigation of possible unlawful activity, may prejudice enforcement of law, or denying access is specifically authorised by law.
If for any reason Costi Cohen does not allow you to access your Personal Information, Costi Cohen will provide you with reasons in writing for its decision.
We rely on you to ensure that all Personal Information collected and held by us about you is accurate, up to date, complete, relevant and not misleading. If you believe that Personal Information that Costi Cohen holds about you is incorrect, incomplete, inaccurate or misleading, then you may request we update, modify or correct such Personal Information by contacting our Privacy Officer using the details set out below. Costi Cohen will consider if the information requires amendment. If Costi Cohen does not agree that there are grounds for amendment, then Costi Cohen will add a note to the Personal Information stating that you disagree with it.
Who does Costi Cohen disclose my Personal Information to?
We may disclose your Personal Information:
- to other owners and/or representatives of properties;
- to personnel of Costi Cohen and the Cohen Handler Group for the purposes of operating our business, fulfilling requests by you, and to otherwise provide services to you;
- to potential acquirers, joint venture partners, business partners and other similar third parties where members of the Cohen Handler Group undergo a potential or actual merger, corporate restructure or acquisition;
- where it is brought to our attention that specific Personal Information needs to be disclosed to protect the safety or vital interests of any person;
- if we are contacted by any person who represents to us that they are our customer. For security purposes, we will discuss the Personal Information that we hold about them with them but only if they verify their identity;
- if you are a tenant of any property that we are managing, to Equifax’s National Tenancy Database or other tenancy databases;
- governmental authorities, bodies and regulators for the enforcement of a law imposing a pecuniary penalty or to avoid prejudice to the maintenance of the law by any public sector agency;
- to our accountants, lawyers and other advisors where we engage them to assist us with any matter;
- to any court or tribunal for the conduct of proceedings (being proceedings that have been commenced or are reasonably in contemplation);
- to suppliers and other third parties with whom we have commercial relationships, for business, marketing, and related purposes;
- to any third party such as financial institutions for any authorised purpose with your express consent; and
- to any persons, entities or bodies where required by law.
There are some instances when Costi Cohen and other members of the Cohen Handler Group need to provide your Personal Information to third parties. The Cohen Handler Group may be bound by law to provide your details to government-related bodies, including the NSW Land Registry Services or the NSW Fair Trading.
Costi Cohen does not sell your personal details to other organisations. We may however use the information about you to assist us with internal statistical, marketing and research purposes.
We will not disclose your Personal Information to entities located outside of Australia.
How does Costi Cohen keep my Personal Information Secure?
Costi Cohen will take reasonable steps to ensure personal information Costi Cohen collects, uses or discloses is stored in a secure environment that is accessed only by persons authorised by Costi Cohen so as to prevent interference, misuse, loss, unauthorised access, modification or disclosure.
We hold and store personal information that we collect in the following locations:
- our offices, computer systems and third party owned and operated hosting facilities;
- third party owned cloud-based email providers;
- third party owned cloud-based customer relationship management and email marketing providers; and
- on electronic devices at our offices and at the premises of our Personnel.
We implement the following technical and organisational security measures in our organisation:
- we only use reputable hosting providers to host Personal Information;
- passwords, other access control procedures and antivirus software in our computer systems;
- antivirus software; and
- physical security measures in our buildings and offices such as door and window locks and visitor access management, cabinet locks, use of access cards and alarms.
Costi Cohen may be required to retain the data in accordance with our data retention obligations. Costi Cohen retains personal information for a minimum period of 3 years in accordance with the Guidelines. If the Personal Information is no longer needed for any purpose, Costi Cohen will take reasonable steps to destroy or permanently de-identify the Personal Information.
Costi Cohen endeavours to provide a secure environment and use reliable systems but you should be aware that there are inherent risks associated with the electronic storage and transmission of information (particularly via the Internet) which cannot be guaranteed to be 100% secure.
Who do I contact for further information?
Costi Cohen’ Privacy Officer can assist you with any enquiries you have about the information that we hold about you. They can be contacted on (02) 8934 3414 from 9.00am to 5.00pm (Sydney time), Monday to Friday excluding weekends and public holidays.
You can also contact our Privacy Officer at:
21 Bay Street, Double Bay NSW 2028
Phone (02) 8934 3414
What if I have a Complaint or Concern?
If you have a complaint or concern you can contact the Cost Cohen Privacy Officer on (02) 8934 3414 or write to the Privacy Officer at the address above.
What if you are unable to resolve my Complaint or Concern?
If we are unable to resolve your complaint, or you are unhappy with the outcome, you may refer your complaint to the Australian Information Commissioner. The Australian Information Commissioner can be contacted at the below details:
The Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 1042
Phone: 1300 363 992
Fax: (02) 9284 9666
E-mail: [email protected]
TTY: 133 677 then ask for 1300 363 992
How does this Policy change over time?