First Title is the trading name of First American Title Insurance
Company of Australia Pty Limited ABN 64 075 279 908 ("FATICA"). First Title
has a sister company called First Australian Title Company Pty Limited ABN 61 075
151 898 ("FATCO"). FATICA and FATCO are related bodies corporate. FATICA is a general
insurer operating Australia-wide and specialises in residential and commercial Title
Insurance and through FATCO provides associated mortgage documentation, settlement
and discharge services. FATICA has offices in Sydney and Brisbane and also has contracted
Service Centres located in New South Wales and Victoria which provide mortgage documentation,
settlement and discharge services. These Service Centres are known as First Title
Secure, First Title Southern and First Title
Victoria. FATICA may appoint other service centres from time to time. Collectively,
for the purposes of this privacy statement, FATICA, FATCO and the contracted Service
Centres are known as "First Title".
First Title may from time to time also contract with service providers
located overseas for mortgage processing and loan documentation services.
First Title also has affiliate companies; namely, RP Data Pty
Ltd (primarily an information services company) and other companies as may be advised
from time to time. References to the First Title Group in this
document refer to First Title and its affiliate companies.
What is Title Insurance?
'Title' describes the way a person owns land or has an interest in someone else's
land (such as a mortgagee lender). 'Title insurance' is an insured statement about
the condition of the land. Subject to policy terms and exclusions, a Title Insurance
policy insures owners and lenders they can use their property without interference.
If a Title Insurance policy is purchased by a lender, the lender is also insured
that its mortgage is valid and enforceable so it will be able to realise the security
for its loan if it becomes necessary. A major part of the coverage of Title Insurance
is a legal defence (payment of legal and associated costs) should an insured's interest
in land be challenged. Title Insurance is used by owners, lenders and their lawyers
not only to protect their interests but to make the process of land transfer or
the process of funding more efficient.
What are associated mortgage documentation, settlement
and discharge services?
These are the document and settlement processing services normally provided in the
capacity as service provider for a lender in relation to the settlement of a mortgage
transaction. If you have purchased the property which is to be secured by way of
mortgage, then on the lender's behalf we also attend to the preparation and lodgement
of documents to be registered as a part of the transfer of land title from one party
to another.
Our promise to you
We want you to know your privacy is important to us and we are committed to protecting
your personal information from misuse. This privacy statement or otherwise referred
to as our privacy policy, sets out the methods by which First Title
complies with the National Privacy Principles found in Schedule 3 of the Privacy
Act 1988 (Cth), which apply to First Title.
Essentially, this means when First Title obtains or receives
personal information about you, we must tell you how the information could be used,
ensure security of the information, ensure the information collected is accurate
and up-to-date and not simply provide it to anyone or use it for a purpose contrary
to which it was collected.
When you or your lender apply for Title Insurance or use our services, you consent
to us collecting, maintaining, using and disclosing personal information about you
whether provided by you or by another person or entity in accordance with the privacy
statement in the application form, privacy notices we send out to you separately
and this policy.
Why do we ask for and hold personal information?
To enable First Title to provide Title Insurance and related services
to you or your lender, First Title needs to collect personal
information about you or have other contracted agents collect it on our behalf.
Your lender, mortgage broker, legal representative or agent may disclose personal
information about you to First Title in order for us to provide you
or your lender with requested products and services.
The personal information we collect about you from your lender, the existing lender
(where there is a refinance), your broker, your agent, your legal representative
or you directly will only be relevant to the business relationship we have with
you or your lender or representative and will be used to provide you or your lender
or representative with Title Insurance and related services. First Title
collects and holds this information in order to:
assess the risk of providing Title Insurance to you or your lender
the subsequent administration or variation of the Title Insurance policy
risk assessment, reporting, fraud prevention, enforcement and claim recovery activities
where your lender requires Title Insurance and in the case where First
Title is also providing mortgage processing services as well, assist
your lender in documenting the loan transaction and providing other mortgage processing
services such as registering the new mortgage over your security property or in
the case of a refinance; discharge your existing mortgage over the security property
and assist in registering the new mortgage
comply with legislative and regulatory requirements
We may also use your personal information for other reasons such as telling you
about other products or services we think may interest you - unless you inform us
you do wish to know of these products or services.
We will make you aware as soon as practicable after we receive personal information.
In the normal course of events this is when you submit a request for Title Insurance
or where we are also providing mortgage processing services; when we forward to
you or your representative loan documentation prior to finalising settlement for
and on behalf of your lender or send an insurance policy to you or your representative.
What kind of personal information do we ask for
and retain?
The personal information disclosed to and collected by First Title
will include but may not be limited to:
Information that identifies you like your name, residential address and other contact
details
Information about your financial arrangements when you apply for a loan from your
lender and will include information like the loan amount, security property and
other relevant loan information or details of your existing loan where this is being
refinanced by your lender
If you do not agree to provide this information, First Title
will be unable to provide you with Title Insurance and where First Title
is providing your lender with Title Insurance and related services, your lender
may not be able to provide you with the finance or services you require. We retain
your personal information between the time Title Insurance is sought and in the
case of your lender acquiring Title Insurance, from collection up to the time we
are advised of the discharge of your lender's mortgage or sale of your property
- plus any additional time we are legally required to retain records.
We collect no sensitive information. Sensitive information includes information
about your religious beliefs, political opinions, personal health information, ethnicity,
criminal records or sexual preferences.
How do we generally collect your information?
Whenever it is possible to do so, we collect this information directly from you.
This is usually done through application forms for Title Insurance, over the phone
or even in person if you visit one of our offices.
We also collect personal information from other parties. This usually occurs in
the following examples (but may not be limited to the examples listed below):
When you approach your lender and its agents for a loan and your lender needs a
Title Insurance policy or certain other services for the benefit of the lender;
Your representatives or agents (such as your legal adviser or your broker) who are
acting for you in a purchase or refinance and have been instructed by you to obtain
a Title Insurance policy for your benefit;
Government agencies such as a state or territory land titles office when we do a
search of the land title over your property in order to issue a Title Insurance
policy.
The information we collect may also come to us through our website at
www.firsttitle.com.au through the use of our eTitle portal.
To whom might we provide your personal information?
We may disclose the personal information we collect from you to other members of
the First Title Group.
The Personal Information we collect from you may also be disclosed to First Title's
service providers. Other than contracted Service Centres, First Title
may appoint other service providers from time to time. These service providers provide
mortgage processing, registration, stamping, settlement and discharge services on
First Title's behalf. Information may also be disclosed and exchanged
with your lender, your existing lender in a refinance (being the lender whose mortgage
is being refinanced), your legal adviser or representative, mortgage broker, financial
adviser, executor, administrator, trustee or attorney or to other third parties
such as First Title's reinsurers, accountants, auditors and regulators
where it is required or allowed by law, or where you have otherwise consented.
We will always use best endeavours to limit the information we disclose to third
parties to only what is absolutely required in order for them to perform their services
for us so we can then provide you or your lender with Title Insurance and related
services (where relevant).
If there is a need for us to transfer information overseas for reinsurance, audit
purposes, or mortgage processing and loan documentation services we will do it in
accordance with the National Privacy Principles.
How may we use your personal information?
Other than issuing you or your lender with a title insurance policy and providing
related services, we may use your personal information to market to you new products
or services we offer. We will not however market these products and services if
you inform us you do not wish to receive such material.
We may provide your personal information to affiliate First Title
companies such as RP Data Pty Ltd and other affiliate companies from time to time
so they can market their products to you. Again, we will not do this if you tell
us not to.
If you don't want to receive marketing offers, please contact the Privacy Officer
at:
The Privacy Officer
PO Box Q1465
QVB Post Office NSW 1230, or privacy@firsttitle.com.au or,
Tel: 02 8235 4433
How can you obtain access to the personal information
held about you or change information which you believe is incorrect?
Subject to the provisions of the Privacy Act, you may have access to personal information
collected and held by First Title. You can access the information
we have collected, if we have retained it, by contacting the Privacy Officer as
per the details above. No fee is payable for access unless the information you are
requesting involves First Title or its group of companies, affiliates
or its agents spending a considerable amount of time or money in retrieving it for
you, in which case we will let you know of the approximate costs in obtaining the
information for you.
You may also ask us at any time to correct personal information held by us about
you, which you believe is incorrect or out of date. We will use our best endeavours
to attend to your request right away. If we disagree with your request, you may
request we make a note in relation to that information noting you consider it is
not accurate, complete or up to date.
Further, if you believe we have not protected your personal information adequately,
have not dealt appropriately with your request for access or correction or would
like further information about this privacy policy you should contact the privacy
officer at the contact point noted above.
How do we maintain the accuracy of your personal
information?
We make it a point to only collect personal information as and when we need it and
directly from you if possible. This ensures the information we collect is complete,
up-to-date and accurate. We also ask you to tell us as soon as your details change
and you need your information updated.
How do we protect your personal information?
We take steps to ensure your personal information is protected.
Your personal information is only handled by employees of the First Title
Group who have been directed to keep the information confidential and are bound
to do so by virtue of their employment contracts. Where a service provider has access
to your information, the service provider is bound by confidentiality provisions
in its agreement with us to maintain the confidentiality of your personal information.
Our systems and processes are up-to-date and continually improved in line with industry
standards to ensure security of your personal information. Our systems including
our network systems have the appropriate firewalls, appropriate encryption technology
and passwords to prevent unauthorised access to your information.
Our premises have security systems to prevent unauthorised entry.
What are your rights if we do not keep our privacy
commitments?
We encourage you to approach us if you have any queries or comments in relation
to our information-handling practices. If you feel we have not adequately answered
your query and wish to make a complaint, we ask you to contact the Privacy Officer
at First Title. If you are still unhappy, you could contact the Office
of the Federal Privacy Commissioner on the privacy hotline: 1300 363 992.
Changes to our Privacy Policy
This privacy statement or policy is current as at 28 September 2007. From time to
time we may make changes to our systems, procedures, processes and policies. This
may affect how we handle your personal information. Where relevant, this privacy
policy will be updated to reflect any changes. We will post an updated version of
the policy on this website every time it is updated.
This policy applies only to the First Title Group as mentioned under
the heading "About First Title and its Products and Services" and
not to other companies' or organisations' websites to which First Title
is linked or where these companies provide a link to their websites from First
Title's website. Any external websites linked to First Title's
website are not under the control of First Title, and we cannot accept
responsibility for the conduct of companies linked to our website. We would suggest
you to examine the terms and conditions of using other websites before disclosing
your personal information.
AFS Licence No: 263876
ABN No: 64 075 279 908
Level 12, 309 Kent Street
Sydney, NSW 2000
AUSTRALIA
