Third Party Restrictions

1. Creative Commons

1.1 To the extent that the CoreLogic Services incorporate CC Data, the Customer must observe the terms of the relevant CC Licence.

1.2 The terms of each CC Licence can be found at the CC Links.

1.3 Where practicable or where required by the CC Licence, CoreLogic will endeavour to identify CC Data (and the relevant version of the CC Licence) to the Customer either in the metadata of any Product Data or otherwise.

1.4 The Customer accepts that the CC Licences may have provisions requiring:

(a) Attribution: the Customer must give appropriate credit, provide a link to the relevant CC Licence, and indicate if changes were made;

(b) No additional restrictions: the Customer may not apply legal terms or technological measures that legally restrict others from doing anything the licence permits;

(c) No modifications to the licence terms: the Customer may not change the terms of the CC Licence that must continue to apply to any sublicence of the relevant work or any derivative work (subject to the terms of the CC Licence);

(d) Public domain: the Customer does not have to comply with the licence for elements of the material in the public domain or where the use is permitted by an applicable exception or limitation; and

(e) No warranties given: the licence may not give the Customer all of the permissions necessary for the intended use. For example, other rights such as publicity, privacy, or moral rights may limit the Customer’s use of the material.

1.5 CoreLogic does not in any way:

(a) own (or assert ownership of) the CC Data and as applicable, will endeavour to ensure credit is given to the original author either in the metadata of the CC Data or otherwise;

(b) assert or imply any connection with sponsorship or endorsement by the original author of its use of the CC Data;

(c) impose any terms on the use of the CC Data by you or any third party that alter or restrict the terms of the CC Licence or any rights granted under it or have the effect or intent of restricting the ability to exercise any such rights;

(d) impose any digital rights management technology on the CC Data, any adaption of the CC Data or the CC Data as incorporated with other separate works, that alters or restricts the terms of the relevant CC Licence or any rights granted under it or has the effect or intent of restricting the ability to exercise those rights; and

(e) assert that it has the right to sublicense the CC Data to you or any third party (other than making the CC Data available to you on the terms of the relevant CC Licence).

1.6 In this section:

CC Data means Product Data and/or imagery identified as being provided under any CC Licence, including:

(a) Imagery where its provision under a CC Licence is tagged in its metadata; and

(b) without limiting the generality of any of the above, Product Data as contained in the Product Data sets referred to in column A of the Data Register, from the corresponding Data Sources referred to in column B of the Data Register.

CC Licences means a licence from a third party based on the licensing terms published by Creative Commons and relied upon by CoreLogic (from time to time) in the provision of CC Data, including:

(a) in relation specifically to the Product Data sets referred to in column A of the Data Register, the corresponding Creative Common Licence Version referred to in column E of the Data Register; and

(b) generally:
(i) Attribution 2.5 Australia;
(ii) Attribution 3.0 Australia; and
(iii) Attribution 4.0 International.

CC Links means:

(a) in relation specifically to the Creative Common Licence Versions referred to in column E of the Data Register, the corresponding Creative Commons Licence Link referred to in column F of the Data Register; and

(b) in relation to other CC Licences generally, http://creativecommons.org.au/ and https://creativecommons.org/licences/ (as applicable).

Creative Commons means (as applicable):

(a) Creative Commons Corporation, a Massachusetts Corporation; and

(b) Creative Commons Australia.

Data Register means the Data Register set out in the Schedule.

2. Australian State Government Restrictions

2.1 Where the Product Data contains data (VA Data) supplied by the Western Australia Land Information Authority (Landgate), the Customer further agrees that it:

(a) will only use the VA Data for its personal or business purposes and will not sell, license, hire, let, trade or expose for sale or derive revenue from the VA Data or part thereof;

(b) will not use the VA Data for the purposes of direct marketing, being any activity, which makes it possible to offer goods or services or to transmit other messages to a third party aimed at informing or soliciting a response from the third party, as well as any service ancillary to the same.

2.2 The Customer further acknowledges and agrees that:

(a) the VA Data is derived from Landgate’s location information, © Western Australian Land Information Authority (Landgate);

(b) Landgate owns all copyright in the location information which is protected by the Copyright Act 1968 and apart from any use as permitted under the fair dealing provisions of the Copyright Act 1968, all other rights are reserved and no location information, or part thereof, may be reproduced, distributed, commercialised or re-used for any other purpose without the prior written permission of Landgate;

(c) the location information that the VA Data is derived from is provided by Landgate in good faith on an “as is” basis;

(d) while Landgate has made every effort to ensure the accuracy, reliability, completeness and suitability of the location information, Landgate does not give any guarantee or take any responsibility or accept any liability (including liability in negligence) arising from or connected to any errors or omissions in the location information;

(e) Landgate accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the location information and that reliance should only be placed on the original source documents such as the certificate of title and survey plan available from Landgate;

(f) it must exercise its own skill and care with respect to the use of the location information, and before relying on the location information, users should carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances;

(g) areas and dimensions shown in location information and VA Data may be approximate values only and it must refer to official registered documents, survey plans, diagrams etc available from Landgate for accurate area, dimensions and other information;

(h) the location information that the VA Data is derived from may be subject to privacy legislation and contractual restriction on its publication. Landgate takes no responsibility for any breach of privacy legislation by any person in relation to the location information; and

(i) it consents to its information being collected and provided to Landgate for audit and inspection purposes.

2.3 Where the Product Data contains data (Licensed Data) supplied by any department or authority of the State of Queensland (Qld Authority), the Customer further acknowledges and agrees to these Standard Terms:

(a) Ownership: it has no rights of ownership in the Licensed Data and the Qld Authority is the owner of the intellectual property rights including copyright in and to the Licensed Data or has the right to make it available under licence arrangements, and has made a licence arrangement with CoreLogic;

(b) Liability: the Qld Authority gives no warranty in relation to the Licensed Data (including accuracy, reliability, completeness, currency or suitability) and accepts no liability (including, liability in negligence) for any loss, damage or costs (including consequential damage) relating to any use of the Licensed Data;

(c) Permitted Use it will not use the Licensed Data to provide a Mail Merge Functionality, with the intention of encroaching upon the privacy of an individual or for Direct Marketing, and will comply with the Privacy Laws and the PIIPD Code of Conduct as applicable; and

(d) Personal Use it will only use the Qld Data received from CoreLogic for its own personal use or in the ordinary course of its business (eg. Solicitor, Accountant, valuer etc.), and that it is not a business acting as a reseller of any products derived from or based on the Licensed Data.

2.4 Where the Product Data contains data supplied by any department or authority of the State of Victoria, including the Licensor, the Customer further agrees that it must not (and must ensure that no other person) Access or Use the Licensed Material to:

(a) prepare mailing lists or to assist in direct marketing;

(b) reproduce, sell, disclose, repackage or on-supply the Licensed Material other than in the form in which it is provided to the Customer for the purpose of the Customer or its client making an informed decision on a matter relating to land; or

(c) breach the provisions of the Copyright Act 1968 (Cth) in relation to access to and use of the Licensed Material.

2.5 The Customer acknowledges that it is only authorised to access certain parts of the Licensed Material depending on whether the Customer is a Valuer, a Licensed Real Estate Agent, a Government Agency, or a User.

2.6 The Customer must not Access or Use the Licensed Material for direct marketing purposes, including compilation, update or validation of mailing lists, list brokering, data matching, data analysis or data mining (whether through manual analysis or automated “big-data” type analysis), contacting vendors or purchasers, creating, preparing, compiling, updating or validating any marketing or contact lists, or promoting goods or services, including advertising delivery, measurement and targeting, lead generation and other promotional activities.

2.7 The Customer must not cause or allow the presentation of the Licensed Material to be linked directly or indirectly to other information (including a reference to a website) that may infer that any part of the Licensed Material may be used or available for direct marketing or promotional purposes. For the avoidance of doubt, this clause 2.7 does not prevent the Licensed Material being used for the purpose of general research of the property market.

2.8 The Customer acknowledges that CoreLogic is prohibited from offering any feature or service that would permit the Licensed Material to be searched by any name, such as the purchaser(s) name or vendor(s) name, and the Customer must not Access or Use the Licensed Material (such as systematic or bulk Downloads) for the purpose of carrying out or facilitating such a search.

2.9 The Customer acknowledges that if it contravenes any of the requirements of clauses 2.4 to 2.8 then its Access to the Licensed Material may be suspended or terminated immediately.

2.10 Upon the expiration or termination of the Agreement or this Licence, the Customer must immediately destroy all Licensed Material in the possession or control of the Customer and its employees and agents, and provide to CoreLogic a certificate signed by the Customer’s director or company secretary (if a company), a partner (if a partnership) or the Customer (if a sole trader) verifying the destruction.

2.11 If the Licensed Material to be provided to the Customer includes vendor and purchaser names, then the Customer must execute a Customer Deed Poll prior to being given access to such details.

2.12 The Customer may disclose the Licensed Material to another person as follows:

(a) to any employee or agent of the Customer on a needs to know basis, provided that the recipient, if required by the Licensor, procures the recipient to execute a Confidentiality Deed in favour of the Licensor;

(b) if the Customer is a Valuer or Licensed Real Estate Agent, to its client provided that all of the following are satisfied:
(i) the client has commissioned the Customer to carry out a valuation of real estate or engaged the Customer to sell real estate on behalf of the client, such that the Customer is required to prepare an estimated selling price of the real estate;
(ii) the Customer only includes such part of the Licensed Material necessary to carry out the valuation or prepare an estimated selling price for the client; and
(iii) in any case, details to be provided to the client must be limited to a relevant property address, land description, sale price and date of sale and must not contain any details of any vendor or purchaser contained in the Licensed Material;

(c) in the case of a Licensed Real Estate Agent, in a Statement of Information prepared in accordance with section 47AF of the Estate Agents Act 1980 (Vic) to the extent required to comply with that provision;

(d) if the Customer is a Valuer or Licensed Real Estate Agent, with the Licensor’s prior written consent, to companies, firms or persons carrying on business by way of a common franchise agreement or a similar common business structure; and

(e) as permitted by law.

2.13 Where the Product Data contains data supplied by or on behalf the State of South Australia, The Customer acknowledges and agrees that:

(a) Warning: The information contained in this dataset is extracted from records of land status and cadastral boundary definition held by the Government of the State of South Australia (the "State") (SA Data). The SA Data is not represented to be accurate, current, complete, or suitable for any purpose, at the time of its supply by the State, and may have changed since the date of supply by the State.  The software by which the SA Data is provided is not represented to be error free. No responsibility is accepted by the State for any reliance placed by any person upon the SA Data, or the software by which it is provided. Persons acquiring or using the SA Data and its associated software must exercise their independent judgement in doing so

(b) Copyright: Copyright in the SA Data remains with the State of South Australia. The information is reproduced under licence from the State;

(c) Privacy: The SA Data contained in this dataset must not be used for the purposes of compiling contact lists, whether personalised or not.

2.14 Where the Product Data contains data (Property Sales Information) supplied by or on behalf of the Valuer General of the State of New South Wales (VGNSW), the Customer acknowledges and agrees that:

(a) the Customer must not:
(i) on-sell, sub-licence, disclose or publish complete datasets obtained from VGNSW, create competing datasets to that of VGNSW, commercialise or otherwise exploit the Property Sales Information in the form obtained from VGNSW, or otherwise provide Property Sales Information in the form obtained from VGNSW to any other person;
(ii) alter the meaning or substance of any Property Sales Information supplied;
(iii) remove any notice displayed in the Property Sales Information or CoreLogic Service;
(iv) use the Property Sales Information for Direct Marketing activities, or with the intention of encroaching upon or interfering with the privacy of an individual; and

(b) the Customer must:
(i) comply at all times with the requirements of Privacy Laws (including the Privacy Act 1988 (Cth)), in relation to its handling of Personal Information, including the collection, use and security of such information, whether or not the Customer is required by law to comply with the provisions of the Privacy Laws;
(ii) notify CoreLogic of any privacy complaints made in connection with the Property Sales Information (PSI Privacy Complaint), as soon as reasonably possible after becoming aware of the PSI Privacy Complaint;
(iii) act in accordance with the reasonable directions of CoreLogic in relation to any PSI Privacy Complaint;
(iv) provide all reasonable assistance to CoreLogic upon request in relation to the investigation of a PSI Privacy Complaint;
(v) if requested by CoreLogic to do so, de-identify, delete or destroy all or any specifically identified Personal Information included in Property Sales Information from any record that is in the possession or control of the Customer (Suppression Notice), within the reasonable timeframe imposed by CoreLogic and provide evidence of same in the manner requested by CoreLogic; and
(vi) comply with any other reasonable requirement of CoreLogic or VGNSW in respect of a Suppression Notice.

3. PIIPD Code of Conduct Restrictions

3.1 The Customer and any Customer Representatives must not use or distribute QVAS Identified Information for Direct Marketing purposes or in any other manner which may encroach upon the privacy of a Consumer.

3.2 The Customer acknowledges that breach of clause 3.1 by the Customer may result in the Customer being added to the Register of Excluded Parties.

3.3 The Customer confirms that:

(a) it is not on the Register of Excluded Parties; and

(b) if it is added to the Register of Excluded Parties it will not be permitted to access QVAS Identified Information.

3.4 The Customer must provide reasonable assistance to CoreLogic and the PIIPD Code Oversight Committee with any investigation into a suspected breach of this Licence. The Customer:

(a) acknowledges that any refusal to cooperate in any such investigation may result in the Customer being added to the Register of Excluded Parties; and

(b) consents to CoreLogic disclosing Personal Information of any Customer Representatives to the PIIPD Code Oversight Committee on reasonable request from the PIIPD Code Oversight Committee.

3.5 Where CoreLogic or the PIIPD Code Oversight Committee reasonably believe that the Customer has used or disclosed the CoreLogic Services or Product Data in a manner prohibited by this Licence or the PIIPD Code of Conduct, CoreLogic may (of its own volition or at the direction of the PIIPDCode Oversight Committee) suspend or terminate the Customer’s access to the CoreLogic Services and, if directed by CoreLogic, the Customer must:

(a) remove QVAS Identified Information from its data or any database;

(b) apologise to any party affected by the breach;

(c) undertake privacy training and/or PIIPD Code of Conduct training; or

(d) undertake remedial action as directed, which may include changes to documentation, changes to business processes and corrective advertising.

4. GOOGLE

4.1 The CoreLogic Services may incorporate Google Maps features and content provided by Google Inc. The Customer acknowledges that its use of the Google Maps features and content is subject to the then-current version of the:

(a) Google Terms of Service at https://policies.google.com/terms?hl=en;

(b) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and

(c) Google Privacy Policy at https://www.google.com/policies/privacy/,

(together, the Google Terms).

4.2 If the Customer or any Customer Representative breaches the Google Terms, CoreLogic may take appropriate enforcement action against the Customer, including suspending or terminating the Customer’s use of Google Maps features and content in the CoreLogic Services.

4.3 The Customer indemnifies and holds CoreLogic and its service providers harmless from any loss or damage suffered by CoreLogic as a result of any claim whatsoever by Google Inc. against CoreLogic arising from the Customer’s or a Customer Representative’s breach of the Google Terms.

5. DEFINITIONS – DATA PRODUCTS

In these Third Party Restrictions:

Access means any form of access to the Licensed Material or any information containing, sourced, extracted, modified, based on, utilising, generated or in any way derived from the Licensed Material, including accessing the same via Download, Enquiry and Read Only Access functions;

Agreement means the LANDATA® Licensing Agreement for Property Sales Data between the Licensor and CoreLogic;

Code Oversight Committee means the committee established to administer the QVAS Code of Conduct.

Confidentiality Deed means a confidentiality deed in the form specified by the Licensor in the Agreement;

Consumer means an individual whose Personal Information appears in any field in the QVAS Database.

CoreLogic website means the website maintained by CoreLogic through which the Customer accesses the CoreLogic Services, Products and/or Product Data, as the case may be.

Customer Deed Poll means a deed poll in the form set out in Schedule 4 of the Agreement;

Direct Marketing means one to one marketing using personal details (e.g. name, address, email address or other personal information), normally supported by a database/resource, which uses one or more advertising media/mediums to effect a measurable response and/or transaction from a person (including a corporation or organisation) and includes, but is not limited to, telemarketing, bulk email messaging (spam), postal canvassing, list brokering, mail merge functionalities, the compilation, updating or validation of mailing lists and/or contact lists, data matching (including using Property Sales Information combined with court lists to identify individuals in court proceedings), data analysis or data mining (whether through manual analysis or automated “big data” type analysis), contacting vendors or purchasers (or prospective vendors or purchasers), preparing, compiling, updating or validating any marketing or contacts lists.

Download means the capture of any part of the Licensed Material in electronic form and the transmission of such material via the API or a file transfer to another storage medium or services (including hard drive, USB storage devices, optical storage medium, and Electronic Storage Services);

Enquiry means electronic Access to any part of the Licensed Material by a person who may view data and reproduce a physical copy (such as by printing a hard copy) but who is prevented from modifying data or Downloading the material;

Government Agency means any government and governmental body, whether Commonwealth, State, Territorial or local;

Intellectual Property includes copyright and all rights conferred under statute, common law or equity in relation to inventions (including patents), registered or unregistered trade marks, registered or unregistered designs, circuit layouts, databases, confidential information, know-how, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world, together with all right, interest or licence in or to any of the foregoing;

Licensed Data means data that is owned by or licensed to the State of Queensland (Department of Resources) and has been licensed to CoreLogic under an agreement.

Licensed Data Product(s) means any Value Added product derived from or based on the Licensed Data or any other Licensed Data Products(s).

Licensed Material means that part of the data and materials relating to property sales and/or land valuation licensed by CoreLogic under the Agreement that is provided by CoreLogic to the Customer under this Licence;

Licensed Real Estate Agent means a licensed real estate agent as defined in section 4 of the Estate Agents Act 1980 (Vic);

Licensor means the Crown in right of the State of Victoria through the Department of Transport and Planning (ABN 69 981 208 782);

Mail Merge Functionality means a facility under which a form letter can be sent to many recipients with each letter personalised using a Licensed Data Product. The facility takes each recipient’s name and/or address (from a Licensed Data Product) and enters it in its usual place on a form letter, and may also print out mailing labels.

Permitted Use means the allowed use of the Licensed Material as described in the Valuation of Land Act 1960 (Vic) and as directed by any Ministerial direction which is gazetted from time to time and as specified in the agreement between CoreLogic and the Customer;

PIIPD Code of Conduct is the Personal Identification Information in Property Data Code of Conduct for access to bulk data including identified information in the Queensland Valuation and Sales System (QVAS) database. More information about the PIIPD Code of Conduct can be found at www.propertydatacodeofconduct.com.au .

Personal Information has the same meaning given to that term in the relevant applicable Privacy Laws.

Privacy Laws means any legislation (or mandatory government policy, where applicable) enacted by Federal or State agencies in relation to privacy and includes the Privacy Act 1988 (Cth), Information Privacy Act 2009 (Qld), Privacy and Personal Information Protection Act 1998 (NSW) and any regulations made under those acts, as amended from time to time.

QVAS Database means the Queensland Valuation and Sales System (QVAS) database administered by the Department of Environment and Resource Management (DERM) or any successor agency that takes responsibility for the management of the QVAS Database.

QVAS Identified Information means the details of any identified Consumer in the QVAS Database limited to the name and service address of the vendor and / or purchaser. For the avoidance of doubt QVAS Identified Information does not include the property address and transaction details.

Read Only Access means electronic access to any part of the Licensed Material by a person who may only view the data, and who is not permitted to copy it, retransmit it, reproduce it in a physical copy, modify it, delete it or Download it;

Register of Excluded Parties means a register maintained by the PIIPDCode Oversight Committee of parties (whether organisations or individuals) who are prohibited from receiving access to the QVAS Database from CoreLogic or any other broker supplying QVAS data to customers.

Related Body Corporate has the meaning given in section 9 of the Corporations Act 2001 (Cth);

Use means to view or to use the Licensed Material;

User means a Customer who is not a Valuer, Government Agency or Licensed Real Estate Agent;

Value Add/Adding/Added means any repackaging which irreversibly changes the form of the Licensed Data or any augmenting or incorporation of the Licensed Data with other data. Conversion onto a different media or the translation into a different format (e.g. changing colour and formatting) of Licensed Data is not Value Adding.

Valuer means a practising land valuer who meets the requirements for qualifications or experience as specified from time to time by the responsible Minister under section 13DA(2) of the Valuation of Land Act 1960 (Vic) or is a member of the Australian Property Institute; and

Website means a set of related web pages located under a single domain name

Currency

Version 6 of these Third Party Restrictions is current as and from 28 November 2024.

© 2024 RP Data Pty Ltd trading as CoreLogic Asia Pacific.  All rights reserved.

Schedule – Data Register