Privacy Policy

This Privacy Policy explains how Fentons Conveyancing (“Fentons”, “we”, “us” or “our”) collects, holds, uses and shares personal information. We handle personal information in line with the Australian Privacy Principles under the Privacy Act 1988 (Cth). This policy also explains how we handle information for conveyancing, identity checks, fraud and cyber security, and anti-money laundering and counter-terrorism financing obligations that apply to conveyancing services from 1 July 2026.

1. Personal information we collect

We collect, hold, use and share personal information where it is reasonably needed for our work as a South Australian conveyancing practice. This may include information needed to:

  • provide conveyancing, settlement, Form 1, contract, land division, matrimonial transfer, business sale and related property services;
  • manage client matters, property transactions, settlements and communications;
  • verify identity, authority to act, source of funds and, where required, beneficial ownership or control;
  • meet legal, professional, regulatory, tax, trust accounting, electronic conveyancing, cyber security and AML/CTF obligations;
  • communicate with clients, agents, banks, mortgage brokers, lawyers, conveyancers, government agencies and other parties involved in a transaction;
  • respond to enquiries, complaints and requests for access or correction; and
  • operate and improve our practice, website, technology systems and internal administration.

The personal information we collect may include your name, address, contact details, date of birth, occupation, signature, property details, transaction details, financial and payment information, identity document details, verification records, authority documents, company or trust information, beneficial ownership information, source of funds information, tax information where relevant, and communications with us. We only collect sensitive information where it is reasonably necessary, you have consented, or the law allows or requires it.

2. How we collect personal information

We usually collect personal information directly from you when you contact us, request a quote, complete an enquiry form, instruct us, provide documents, communicate with us, or use our website.

We may also collect personal information from other people or organisations where this is reasonably needed for a conveyancing matter or allowed by law. This may include real estate agents, mortgage brokers, banks, lawyers, conveyancers, accountants, councils, RevenueSA, Land Services SA, ASIC, PEXA, identity verification providers, electronic signing providers, government agencies, public registers, search providers and other parties involved in a transaction.

When you use our website or digital services, we may collect technical information such as device details, browser type, pages visited, access times and general location information. We may use cookies, analytics tools and similar technologies to understand website use and improve our services. Some third-party providers may handle this information under their own privacy policies.

If you do not provide information we reasonably need, we may not be able to act for you, complete identity or AML/CTF checks, progress a settlement, meet our legal obligations, or provide the service you requested.

3. AML/CTF information handling from 1 July 2026

From 1 July 2026, conveyancers must meet AML/CTF obligations for some conveyancing services. We will only collect AML/CTF-related information that is reasonably needed for our services, our risk-based checks, or our legal obligations. This may include information used to:

  • verify the identity of clients and, where relevant, agents, attorneys, directors, trustees, beneficiaries, beneficial owners and controllers;
  • understand the nature and purpose of a conveyancing matter;
  • assess money laundering, terrorism financing, sanctions, fraud and cyber-crime risks;
  • identify politically exposed persons, sanctioned persons, higher-risk countries or unusual transaction features;
  • ask about source of funds or source of wealth where required by our policies or the law;
  • keep records of identity checks, risk assessments, due diligence, ongoing monitoring and decisions; and
  • make reports or provide information to AUSTRAC or other authorities where required or allowed by law.

4. How we use and disclose personal information

We use and share personal information for the reason it was collected, for related reasons you would reasonably expect, with your consent, or where the law allows or requires it. This commonly includes using and sharing information to complete conveyancing work, manage settlements, verify identity, communicate with transaction parties, protect against fraud and cyber-crime, and meet legal and regulatory obligations.

We may disclose personal information to:

  • clients and their authorised representatives;
  • real estate agents, banks, lenders, mortgage brokers, lawyers, conveyancers and settlement parties;
  • RevenueSA, Land Services SA, councils, water authorities, strata or community corporations and other government or statutory bodies;
  • PEXA and other electronic conveyancing, signing, identity verification, search, practice management, trust accounting, document storage, cyber security and technology providers;
  • insurers, auditors, professional advisers and dispute resolution bodies;
  • AUSTRAC, law enforcement, regulators, courts, tribunals or government agencies where required or allowed by law; and
  • service providers who assist us to operate our business, subject to appropriate confidentiality and security expectations.

5. Quality of personal information

We take reasonable steps to keep personal information accurate, up to date, complete and relevant. We may ask you to confirm information during a matter, especially where it is used for settlement, identity checks, AML/CTF checks, tax, trust accounting or statutory purposes. Please tell us promptly if your details change or if you believe information we hold is incorrect.

6. Storage, security and retention

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure. These steps may include secure premises, access controls, user permissions, multi-factor authentication, staff training, cyber security procedures, secure document handling, backups, confidentiality obligations and supplier checks.

We keep conveyancing and AML/CTF records for as long as required by law, professional obligations, insurer requirements, electronic conveyancing rules or our business needs. Client files are generally kept for at least seven years unless a longer period is required or appropriate.

When we no longer need personal information, and the law allows us to do so, we take reasonable steps to securely destroy or de-identify it.

7. Disclosure to overseas recipients

Some of our technology, cloud, cyber security, email, analytics, verification, support or specialist service providers may store or access information from outside Australia. Where we disclose personal information overseas, we take reasonable steps required by the Privacy Act to protect that information, unless an exception applies.

8. Notifiable data breaches

If we become aware of a suspected or actual data breach, we will assess and respond to it in line with our legal obligations. If a breach is likely to result in serious harm, we will comply with the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth), including notifying affected individuals and the Office of the Australian Information Commissioner where required.

9. Access and correction

You may ask to access or correct personal information we hold about you by contacting us in writing. We may need to verify your identity before responding. We will respond within a reasonable period. We may refuse access or correction where the Privacy Act allows or requires us to do so, including where access would affect another person’s privacy, legal privilege, confidentiality, security, enforcement activities or legal obligations.

If we refuse access or correction, we will provide written reasons where it is reasonable and lawful to do so.

10. Questions and complaints

If you have a question, request or complaint about how we handle personal information, please contact us:

Fentons Conveyancing
42 Beach Road, Christies Beach SA 5165
PO Box 298, Christies Beach SA 5165
Phone: 08 8186 6100
Email: enquiries@fentons.com.au

We will acknowledge and investigate privacy complaints within a reasonable timeframe. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner. Contact details are available at www.oaic.gov.au.

11. Changes to this policy

We may update this Privacy Policy from time to time to reflect changes in our services, systems, legal obligations, OAIC guidance, AUSTRAC requirements or privacy practices. The current version will be available from us and may be published on our website.

Last updated: 30 June 2026