Terms & Conditions

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.

To assist You, We have prepared summaries of Our Terms of Use. Our summaries are in the right hand column below. The summaries are not a substitute for reading the operative provisions of Our Terms of Use (i.e those in the left hand column below). The operative provisions of Our Terms of Use are legally binding. Our summaries are not legally binding, and do not limit the scope, operation, and specifically is not to be used as mechanism for resolving any ambiguity (should they arise) of the operative provisions.

Please see the Dictionary at clause ‎14 of these Terms of Use for definitions and interpretation provisions that apply to these Terms of Use.

1. Acceptance and Modification of these Terms of Use

1.1. You may only access, browse and use our Website if You accept these Terms of Use. By accessing, browsing and/or using Our website, You will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these Terms of Use and any information linked to from these Terms of Use (including any Privacy Policy).

1.2. We may modify and/or replace these Terms of Use and any information linked to from these Terms of Use (including our Privacy Policy) from time to time without notice.

1.3. We will always upload the latest version of these Terms of Use to this webpage.

1.4. If You do not wish to accept these Terms of Use, You must not and cannot use the Website or any part of it.

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.

3.3. You may not make any use of the Website except as permitted by these Terms of Use and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights in the Website. Without limiting the foregoing provisions, You must not, under any circumstances, sell or resell access to the Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate the Website or any content You obtain via the Website. In addition, You must not, nor may You permit any person to:

(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.

3.5. You must not use the Website or any part of the Website in breach of these Terms of Use.

4. Acceptable Use Policy

4.1. You agree that:

(a) using the Website to violate all or any legal rights of any person or company or other entity in any jurisdiction is strictly prohibited by these Terms of Use;

(b) using the Website in relation to crimes such as theft and fraud is strictly prohibited by these Terms of Use;

(c) using the Website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of “pirated” software or otherwise, is strictly prohibited by these Terms of Use;

(d) introduction of malicious programs into Our network or servers (e.g., viruses, worms, Trojan horses, e-mail bombs) is strictly prohibited by these Terms of Use;

(e) using the Website to make fraudulent offers of goods or services is strictly prohibited by these Terms of Use;

(f) using the Website to carry out security breaches or disruptions of network communication is strictly prohibited by these Terms of Use. Security breaches include accessing data of which You are not an intended recipient or logging into a server or account that You are not expressly authorized to access or corrupting any data. For the purposes of this paragraph, “security breaches” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;

(g) using the Website to execute any form of network monitoring which will intercept data not intended for You is strictly prohibited by these Terms of Use;

(h) using the Website to circumvent user authentication or security of any of Our hosts, networks or accounts or those of Our customers or suppliers is strictly prohibited by these Terms of Use;

(i) using the Website to interfere with or deny service to anyone is strictly prohibited by these Terms of Use;

(j) using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the Website is strictly prohibited by these Terms of Use;

(k) sending unsolicited email messages through or to users of the Website in breach of the Spam Act 2003 is strictly prohibited by these Terms of Use;

(l) using the Website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is strictly prohibited by these Terms of Use; and

(m) use of the Website in breach of any person’s privacy (such as by way of identity theft or “phishing”) is strictly prohibited by these Terms of Use.

5. Intellectual Property Rights

5.1. You agree and acknowledge that these Terms of Use do not transfer or assign any Intellectual Property Rights to You.

5.2. As between You and Us, We own all Intellectual Property Rights in the Website.

5.3. You have no rights in the Website or in any part of it or in any modification or enhancement thereof, other than the rights temporarily granted to You pursuant to these Terms of Use.

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.

6.2. If You believe that another user of Our Website has breached these Terms of Use please contact Us.

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. Hyperlinks

8.1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.

9. Liability

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.

9.4. To the extent that Our liability is not otherwise excluded by these Terms of Use, subject to any Non-Excludable Guarantees, Our liability to You is limited to $200.

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.

10.3. Except in respect of any Non-Excludable Guarantees, all conditions, warranties and guarantees implied in these Terms of Use are excluded, to the extent possible by law.

11. Termination

11.1. We may terminate these Terms of Use and Your access to the Website or any part of it at any time without notice.

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.

11.3. Termination  of these Terms of Use and access to the Website does not affect any accrued rights of either party.

12. Notices

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.

13. General

13.1. Other rights: All rights not expressly granted to Us in these Terms of Use are expressly reserved by Us.

13.2. Amendment: These Terms of Use may be amended by Us at any time.

13.3. Assignment: You may not assign, transfer, license or novate Your rights or obligations under these Terms of Use without Our prior written consent. We may assign, transfer, license or novate Our rights or obligations under these Terms of Use at any time.

13.4. Severability: If any part of these Terms of Use is deemed invalid by a court of competent jurisdiction, the remainder of these Terms of Use shall remain enforceable.

13.5. Entire Agreement: These Terms of Use constitute the entire agreement between You and Us regarding this Website.

13.6. Jurisdiction: These Terms of Use will be interpreted in accordance with the laws in force in New South Wales. You and Us irrevocably submit to the non-exclusive jurisdiction of the courts situated in New South Wales.

14. Dictionary and Interpretation provisions

14.1. Definitions In these Terms of Use:

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).

Non-Excludable Guarantee means a non-excludable guarantee implied into these Terms of Use by the Australian Consumer Law.

Privacy Policy means Our Privacy Policy.

Terms of Use means the terms and conditions set out on this webpage as amended by Us from time to time.

We, Our and Us means Costi Cohen Pty Ltd.

You means you, the person who accesses the Website for any reason.

14.2. Interpretation In these Terms of Use:

(a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.

(b) A provision of these Terms of Use will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.

(c) Currency refers to Australian dollars unless specified otherwise.

(d) A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these Terms of Use.

(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.

1. About this Privacy Policy

Costi Cohen Pty Ltd (Costi Cohen, we, us or our) respects your privacy and is committed to protecting the personal information we collect and hold.

This Privacy Policy explains how we collect, hold, use and disclose personal information and how you may access or correct your personal information or make a privacy-related enquiry or complaint.

We handle personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), and other applicable Australian laws.

This Privacy Policy applies to personal information collected through our website, enquiry and subscription forms, client onboarding processes, agency agreements, property acquisition and property management activities, anti-money laundering and counter-terrorism financing processes, email, telephone, meetings, referrals, social media and other interactions with us.

We may also provide you with a more specific privacy collection notice when we collect particular information from you, including as part of our client onboarding or customer due diligence processes.

2. What is Personal Information?

Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).

Generally, Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form.

Depending on our relationship with you, Personal Information we collect may include:

• your name, residential or business address, telephone number and email address;
• your date of birth;
• your occupation, employment or business details;
• information about companies, trusts, partnerships, superannuation funds or other entities with which you are associated;
• details about directors, shareholders, trustees, partners, beneficiaries, beneficial owners, controllers and persons authorised to act on behalf of an entity;
• copies or details of identity documents such as passports, driver licences or other identification documents;
• government-related identifiers where we are authorised or required to collect them;
• information required to verify your identity;
• financial information, including information regarding assets, liabilities, income, funding arrangements, borrowing capacity, source of funds and source of wealth where relevant;
• billing and payment information;
• information about properties you own, have previously owned, occupy, lease, manage, are considering acquiring or have asked us to investigate;
• your property investment or acquisition requirements, preferences, objectives and budget;
• information concerning proposed or completed property transactions;
• correspondence and communications between you and Costi Cohen;
• information provided by your professional advisers, representatives or other authorised persons;
• information collected through our website, including IP address, browser, device and usage information;
• marketing and communication preferences;
• information relevant to a complaint, enquiry or dispute;
• information provided as part of an employment or contractor application; and
• any other Personal Information that is reasonably necessary for our functions or activities.

We may also collect sensitive information where it is reasonably necessary for our functions or activities and where you have consented, or where collection is otherwise authorised or required by law.

3. Anti-Money Laundering and Counter-Terrorism Financing Information

Costi Cohen may be required to collect, verify, use, retain and disclose Personal Information in order to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), associated Rules and other applicable laws.

Where those obligations apply, we may conduct customer due diligence, identity verification, ongoing customer due diligence and enhanced customer due diligence.

Information collected for these purposes may include:

• your full legal name, date of birth and residential address;
• identity documents and information contained in those documents;
• information required to verify your identity using reliable and independent sources;
• information about any entity through which you are acquiring property or receiving our services;
• details of directors, trustees, partners, shareholders, beneficiaries, beneficial owners, controllers and authorised representatives;
• information about the nature and purpose of your relationship with us or a proposed transaction;
• information regarding your source of funds and source of wealth, where required or appropriate;
• information concerning your financial circumstances and proposed funding arrangements;
• information necessary to determine whether you or another relevant person is a politically exposed person;
• sanctions and other screening information;
• information obtained from publicly available sources, government records, databases or third-party identity verification and screening providers;
• information relevant to our assessment of money laundering, terrorism financing or proliferation financing risk; and
• other information we are required or permitted to collect under applicable AML/CTF laws.

We may use third-party identity verification, screening and technology providers to assist us in performing these checks.

We may also be required by law to provide information to AUSTRAC, law-enforcement agencies or other government bodies or regulators. In some circumstances, the law may restrict our ability to tell you that such information has been provided.

If you do not provide information that we reasonably require to comply with our AML/CTF obligations, we may be unable to commence or continue providing services to you.

4. How We Collect Personal Information

Where reasonable and practicable, we collect Personal Information directly from you.

We may collect information when you:

• contact or correspond with us;
• submit an enquiry through our website;
• subscribe to our market updates, investment guides or other communications;
• engage Costi Cohen to provide commercial property acquisition, advisory or related services;
• engage with our property management services;
• complete an agency agreement, client onboarding form or AML/CTF verification process;
• provide identification or transaction documents;
• meet or speak with our employees, representatives or contractors;
• make or negotiate an offer on a property;
• provide information during due diligence or transaction management;
• attend an event or interact with us through social media; or
• apply to work with us.

We may also collect Personal Information about you from third parties where permitted by law, including:

• your representatives or authorised persons;
• accountants, lawyers, finance brokers, financial advisers, lenders and other professional advisers;
• real estate agents, selling agents, vendors, landlords, tenants, property managers and other participants in a property transaction;
• people or organisations who refer you to us;
• related or associated businesses;
• identity verification and AML/CTF screening providers;
• credit reporting or other verification services where permitted;
• government agencies, regulators and public registers;
• land titles, planning, property and corporate databases;
• property information and market data providers;
• publicly available sources, including websites and professional or social media platforms; and
• other sources where you have consented to the collection or where collection is authorised or required by law.

If you provide Personal Information to us about another person, you should ensure that you are authorised to provide that information where required.

5. What Happens if You Do Not Provide Your Personal Information?

You do not have to provide us with Personal Information unless required by law.

However, if we cannot collect information reasonably required for our activities, we may not be able to:

• verify your identity or satisfy our legal and regulatory obligations;
• accept you as a client or continue acting for you;
• provide some or all of our services;
• properly understand or act on your property brief;
• assess, investigate or negotiate a property transaction;
• communicate with you or respond to your enquiries;
• process a payment or transaction;
• provide property management services; or
• provide information, updates or other services you have requested.

In particular, where customer due diligence is required under AML/CTF laws, we may be legally unable to provide a relevant service until the required checks have been completed.

6. Why We Collect, Hold, Use and Disclose Personal Information

We may collect, hold, use and disclose Personal Information for purposes including:

• providing commercial property acquisition, advisory, transaction and property management services;
• understanding and managing your commercial property requirements;
• sourcing and assessing properties on your behalf;
• conducting due diligence and assisting with property transactions;
• communicating and negotiating with real estate agents, vendors, purchasers, landlords, tenants, professional advisers and other relevant parties;
• managing our relationship and communications with you;
• preparing agreements, offers, transaction documents, reports and correspondence;
• arranging or facilitating introductions to finance brokers, lawyers, accountants, building consultants, valuers, property managers or other professional service providers where appropriate;
• administering payments, invoices and accounts;
• conducting customer identification and due diligence;
• complying with AML/CTF obligations;
• satisfying licensing, real estate, taxation, corporate, regulatory and other legal obligations;
• preventing, detecting and responding to suspected fraud, unlawful activity, security incidents or misconduct;
• managing complaints, disputes and legal proceedings;
• maintaining and improving our services, systems and business operations;
• internal administration, reporting, auditing, training, planning and quality assurance;
• conducting research and analysing our business and property market activities;
• maintaining accurate and up-to-date records;
• recruitment and engagement of employees and contractors;
• marketing our services and communicating market information to you where permitted by law; and
• any other purpose that is disclosed to you at the time the information is collected or that is otherwise authorised or required by law.

We will not sell your Personal Information to third parties.

7. Who We May Disclose Personal Information To

Depending on the circumstances, we may disclose Personal Information to:

• our employees, directors, representatives and contractors;
• related bodies corporate and associated businesses;
• real estate agents, selling agents, vendors, purchasers, landlords, tenants and their representatives;
• lawyers, accountants, finance brokers, lenders, financial advisers, valuers, building and pest inspectors, surveyors, town planners, engineers, strata consultants and other due diligence or professional advisers;
• property managers and property service providers;
• referral and business partners where appropriate and permitted;
• payment, banking and financial service providers;
• insurers and insurance brokers;
• information technology, cyber security, cloud storage, software, website, CRM, communications and email service providers;
• marketing, analytics and digital service providers;
• identity verification, AML/CTF screening and fraud prevention providers;
• government departments, regulators and authorities, including AUSTRAC, where required or authorised by law;
• law-enforcement agencies;
• courts, tribunals and dispute resolution bodies;
• parties involved in actual or contemplated legal proceedings;
• a purchaser, investor or adviser in connection with a proposed merger, sale, restructure or transfer of all or part of our business; and
• any other person or organisation where you have authorised us to disclose the information or where disclosure is otherwise permitted or required by law.

We take reasonable steps to ensure that third parties handling Personal Information on our behalf handle that information appropriately.

8. Disclosure and Storage Outside Australia

Some of the service providers we use, including technology, cloud computing, communications, website, analytics, customer relationship management, marketing, identity verification or other service providers, may store, process or access information from locations outside Australia.

Accordingly, Personal Information may in some circumstances be disclosed to, stored by or accessible by overseas recipients.

The countries involved may vary depending on the service provider and its technology infrastructure. Where it is practicable to identify the countries in which overseas recipients are likely to be located, we will identify those countries in this Privacy Policy or in a relevant privacy collection notice.

Where the Australian Privacy Principles apply to an overseas disclosure, we will take reasonable steps required by law in relation to the handling of the Personal Information by the overseas recipient.

9. Direct Marketing

Where permitted by law, we may use your Personal Information to communicate with you about Costi Cohen, commercial property opportunities, market information, insights, events, products or services that we consider may be relevant to you.

Communications may be sent by email, telephone, SMS or other electronic means.

Where required, we will obtain your consent before sending marketing communications.

You may opt out of receiving direct marketing communications at any time by:

• using the unsubscribe or opt-out function contained in the relevant communication; or
• contacting us using the details set out below.

Opting out of marketing communications will not prevent us from contacting you where necessary to provide services to you, administer our relationship with you or comply with our legal obligations.

10. Our Website, Cookies and Analytics

When you access or use our website, we may automatically collect technical and usage information such as:

• your IP address;
• device type;
• operating system;
• browser type;
• referring website;
• pages viewed;
• time and date of access;
• interactions with our website; and
• other online identifiers or analytics information.

We use cookies, pixels, tags and similar technologies to operate our website, understand how visitors use it, measure website performance, improve our services and, where permitted, assist with marketing.

Some of this information may constitute Personal Information or may be capable of being associated with other information about you.

We may use third-party analytics, advertising, tag-management or similar services. Those third parties may collect information in accordance with their own privacy policies.

You may be able to control or disable cookies through your browser settings. Disabling some cookies may affect the functionality or performance of our website.

Our website may contain links to third-party websites or services. We are not responsible for the privacy practices or content of those third parties and recommend reviewing their privacy policies separately.

Our website may also contain links or functionality associated with social media platforms. Your interactions with those platforms are subject to the privacy practices of the relevant platform.

11. Anonymity and Pseudonyms

Where lawful and practicable, you may deal with us anonymously or by using a pseudonym.

For example, you may generally browse our website without identifying yourself.

However, it will often be impracticable for us to provide commercial property services without knowing your identity.

We may also be legally required to identify and verify you before providing certain services, including where our AML/CTF obligations apply. In those circumstances, we cannot provide the relevant service anonymously or under a false or incomplete identity.

12. How We Protect Personal Information

We take reasonable steps to protect Personal Information that we hold from misuse, interference, loss, unauthorised access, modification and disclosure.

The measures we use may include:

• access controls and authentication requirements;
• password and account security measures;
• appropriate cyber security and anti-malware protections;
• secure cloud-based platforms and reputable technology providers;
• restricting access to Personal Information to people who require it for legitimate business purposes;
• physical security measures for our premises and records;
• internal policies, procedures and staff training;
• security and access management practices; and
• processes for responding to suspected privacy or cyber security incidents.

Personal Information may be stored electronically or in physical form, including within our business systems and systems operated by service providers.

No method of electronic transmission or storage is completely secure. While we take reasonable steps to protect Personal Information, we cannot guarantee absolute security.

13. Data Breaches

We maintain processes for responding to suspected or actual data breaches.

Where a data breach is likely to result in serious harm and is an eligible data breach under the Notifiable Data Breaches scheme, we will take the steps required by the Privacy Act, including notifying affected individuals and the Office of the Australian Information Commissioner where required.

14. How Long We Keep Personal Information

We retain Personal Information for as long as reasonably necessary for the purposes for which it was collected and to meet our legal, regulatory, contractual, accounting, insurance and risk-management obligations.

Different types of information may be subject to different retention periods.

In particular, where the AML/CTF Act requires us to retain customer due diligence, transaction or other AML/CTF records, those records may be retained for at least seven years, including for the applicable period following the end of a business relationship or relevant transaction.

Other records will be retained for the period required under applicable real estate, taxation, corporate, employment, limitation or other laws and for legitimate business purposes.

Where Personal Information is no longer required for a permitted purpose and we are not legally required to retain it, we will take reasonable steps to destroy it or permanently de-identify it.

15. Accessing Your Personal Information

You may request access to Personal Information that we hold about you by contacting our Privacy Officer.

We will respond within a reasonable period and, where appropriate, provide access in the manner requested if it is reasonable and practicable to do so.

We will not charge you simply for making an access request. In some circumstances, we may charge a reasonable amount for costs associated with providing access, where permitted by law. We will tell you about any proposed charge before providing access.

There may be circumstances where we are permitted or required by law to refuse access to some or all of the Personal Information requested.

If we refuse access, we will generally provide you with written reasons and information about available complaint mechanisms, except where it would be unreasonable or unlawful for us to do so.

16. Correcting Your Personal Information

We take reasonable steps to ensure that Personal Information we hold is accurate, up-to-date, complete, relevant and not misleading having regard to the purpose for which it is held.

If you believe that Personal Information we hold about you is incorrect, incomplete, out-of-date or misleading, please contact our Privacy Officer.

Where appropriate, we will take reasonable steps to correct the information.

If we decline to make a requested correction, we will generally explain why and advise you about available complaint mechanisms as required by law.

17. Automated Decision-Making

Costi Cohen may use technology and automated processes for routine administrative, communication, marketing, information management and business-support functions.

As at the date of this Privacy Policy, we do not ordinarily arrange for computer programs to make decisions based solely on Personal Information that could reasonably be expected to significantly affect an individual's rights or interests.

If our practices change and the Privacy Act requires us to disclose additional information concerning automated decision-making, we will update this Privacy Policy accordingly.

18. Privacy Complaints and Enquiries

If you have a question, concern or complaint regarding our handling of Personal Information, please contact our Privacy Officer:

Privacy Officer Costi Cohen Suite 1, 53 Cross Street Double Bay NSW 2028

Phone: 1300 096 388 Email: welcome@costicohen.com.au

Please provide sufficient details about your enquiry or complaint so that we can investigate it.

We will acknowledge and investigate privacy complaints and aim to respond within a reasonable period.

If you are not satisfied with our response, you may be entitled to lodge a complaint with the Office of the Australian Information Commissioner (OAIC).

Information about making a privacy complaint is available at www.oaic.gov.au.

The OAIC can also be contacted on 1300 363 992.

19. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time to reflect changes to our business, technology, information-handling practices or legal and regulatory obligations.

The current version will be published on our website and will state the date on which it was last updated.

We encourage you to review this Privacy Policy periodically.

Last updated: 10 September 2026