Privacy Policy /

TIDAL Property ("TIDAL", "we", "us") respects your privacy. This policy explains what personal information we collect, why, how we use and protect it, who we share it with, and how you can access or correct it or make a complaint. It applies to tidalproperty.com, The Opportunity Auction (auction.tidalproperty.com), our project and information memorandum websites (including 21 Wrights Place), our hosted masterplan and video meeting pages, Swell (our client and lead management platform at tracker.tidalproperty.com), our emails, and our dealings with you in person or by phone.

We handle personal information in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and send electronic marketing only in line with the Spam Act 2003 (Cth).

1. Who we are

TIDAL Property is a commercial and residential real estate agency on the Gold Coast and in Northern NSW (licence numbers NSW 10122331 and QLD 4592088).

• Address: 10/10 Philippine Parade, Palm Beach QLD 4221
• Phone: 07 5690 3001
• Email: admin@tidalproperty.com (attention: Privacy Officer)

2. The personal information we collect

When you enquire, register or deal with us, we collect the details you give us, such as your name, email address, phone number, company and (if you choose to give it) your suburb or postcode; the properties, projects or units you're interested in; whether you'd like to attend, bid, buy, lease or receive information; how you might bid; your messages to us; and whether you agree to receive marketing. If you buy, sell, lease or let through us we also collect the details needed for that transaction, such as identification required by law, solicitor or conveyancer details, contract terms and correspondence.

When you use our websites, our analytics tool, Tidal Tracker, records how the sites are used: the pages you view, how long you spend and how far you scroll, the links and buttons you click (never what you type into a form), the documents you download, your device and browser type, your approximate location (the suburb or city your internet connection is registered to, worked out from your IP address at the moment of the visit; it can be some distance from where you actually are, and we never use your device's GPS), how you arrived (for example a search engine, an advertisement or a link with campaign tags), and a random identifier stored in your browser so we can recognise a return visit. We do not store IP addresses: the address is used only to look up that approximate location, using a database that stays on our own server, and is then discarded. Tidal Tracker only runs if you allow analytics in our cookie settings, and it respects the Global Privacy Control signal sent by some browsers.

If you enquire or register after browsing, we link your enquiry to that browsing history, including the approximate location of your visits, so our team can understand what you're interested in, for example which properties you looked at most.

When you open links in our emails, such as property documents we send after you register, we record that the link was opened and when.

In video meetings we collect the name you enter and any chat messages. We do not record audio or video.

Vendors, landlords and tenants: details of the property, the sale or lease, and key dates and documents.

Users of Swell (our staff and the vendors we give access to): account details, sign-in and security records (such as sign-in times and the type of device used, but not IP addresses), and a log of important actions such as data exports.

We don't ask for sensitive information (such as health information or racial or ethnic origin). Please don't include it in messages to us.

You can usually deal with us anonymously or using a pseudonym when browsing or asking general questions. To register for an auction, receive documents, inspect, buy, sell or lease, we need to know who you are.

3. How we collect it

Directly from you (through our websites, forms, emails, phone calls, inspections and meetings); automatically when you use our websites (see section 2 and our Cookie Policy); and from third parties such as property portals (realestate.com.au, realcommercial.com.au and Domain) when you enquire through them, people who refer you to us, your representatives, and public sources such as title searches.

4. Why we collect, use and disclose it

• to respond to your enquiries and send the information and documents you ask for;
• to run auctions, including registration of interest, bidder registration and the auction itself;
• to arrange inspections, meetings and video calls;
• to act for our vendors and landlords, including telling them about interest in their property in a way that doesn't identify you unless you've agreed or it's needed for a sale or lease;
• to prepare, negotiate and administer sales, leases and property management;
• to send you property information and updates you've agreed to receive;
• to understand how our websites and campaigns perform and improve them;
• to keep our systems, websites and forms secure and to prevent spam and fraud; and
• to meet our legal and regulatory obligations, including agency record-keeping.

We use and disclose your personal information for these purposes and for related purposes you would reasonably expect, or otherwise with your consent or as permitted or required by law.

5. Engagement scores

Swell gives each contact an engagement score (for example "Warm" or "Hot") based on activity such as website visits and enquiries. Our team uses it only to decide who to follow up first. It isn't used to make decisions that have legal or similarly significant effects on you, and a person always decides what happens next.

6. Marketing

We send marketing, such as new listings and auction news, only if you've agreed to receive it or the law otherwise allows it. Every marketing email includes a way to unsubscribe, and you can also opt out at any time by contacting us. Emails about something you've asked for, such as a registration confirmation or requested documents, aren't marketing.

7. Who we share it with

We don't sell your personal information. We share it only as described in this policy, with:

• service providers who help us run our business, under confidentiality obligations and only for our purposes: DigitalOcean (hosting of Swell and our websites, in Sydney, Australia); Resend (email delivery); Cloudflare (spam and bot protection on our forms, and encrypted backups); PropertyShell (our client relationship management system); Microsoft 365 (business email and documents); Webflow (hosting of tidalproperty.com); and map providers that display maps on our project sites;
• vendors and landlords we act for, as described in section 4;
• solicitors, conveyancers, financiers and other parties to a transaction you're involved in;
• property portals where you contact us through them; and
• government bodies, regulators, courts and law enforcement where required or authorised by law.

8. Overseas disclosure

Swell and our auction and project websites are hosted in Sydney, Australia. Some of our service providers may store or process information outside Australia, including in the United States, Japan, the European Union and other countries where Cloudflare, Resend, Microsoft and Webflow operate. We take reasonable steps to make sure these providers handle personal information consistently with the Australian Privacy Principles.

9. Cookies and similar technologies

We use essential cookies and browser storage to keep our sites and Swell working and secure, and, only with your consent, analytics (Tidal Tracker) and any advertising tools we switch on. When you first visit, we ask for your choice. You can change it at any time using the "Cookie settings" link at the bottom of each page. See our Cookie Policy for details.

Approximate locations come from IP Geolocation by DB-IP, used under the Creative Commons Attribution 4.0 licence.

10. How we protect it

All of our websites and Swell use encrypted connections (HTTPS). Swell's data is stored in Sydney on servers protected by firewalls, intrusion blocking and automatic security updates. Access is limited to authorised staff with individual accounts protected by strong passwords and two-step sign-in. Vendors see only their own property. Exports and other important actions are logged, and our backups are encrypted. If we no longer need personal information, we delete or de-identify it.

11. How long we keep it

• Website activity (Tidal Tracker): deleted after 13 months.
• Copies of emails held in Swell's sending queue: contents cleared after 30 days.
• Enquiry, client and transaction records: kept for as long as we need them for the purposes above and for the periods real estate agents must keep records under Queensland and New South Wales law, and then deleted or de-identified.

12. Accessing and correcting your information

You can ask for access to the personal information we hold about you, or ask us to correct it, by contacting our Privacy Officer. We'll respond within 30 days. We won't charge you for asking, though we may charge a reasonable fee for providing a large amount of information. If we refuse, we'll tell you why in writing and how you can complain.

13. Complaints

If you think we've mishandled your personal information, please contact our Privacy Officer using the details in section 1. We'll acknowledge your complaint promptly and aim to resolve it within 30 days. If you're not satisfied, you can complain to the Office of the Australian Information Commissioner (OAIC): www.oaic.gov.au, 1300 363 992.

14. Data breaches

If a data breach is likely to cause serious harm to the people affected, we'll notify them and the OAIC as required by the Notifiable Data Breaches scheme.

15. Children

Our websites and services are intended for adults. We don't knowingly collect personal information from children under 18.

16. Other websites

Our sites link to other websites, such as property portals and social media. We aren't responsible for their privacy practices, so please read their policies.

17. Changes to this policy

We may update this policy from time to time. The current version is always published here with its effective date. If we make important changes, we'll show a notice on our sites, and Swell users will be asked to review them.

Version 2026-10-15. Effective 15 October 2026. The current version is always published at tracker.tidalproperty.com/legal/privacy.