The Privacy Act requires us to have procedures in place that cover the collection, use and disclosure of any personal information we may hold about individuals and companies.
In this policy we will tell you:
1. why and how we collect personal information;
2. what personal information we collect;
3. how we use personal information;
4. the parties to whom we may disclose personal information;
5. what happens if you choose not to provide us with requested personal information; and
6. how you can request the personal information we hold about you.
As liquidators and trustees, we are subject to professional obligations that govern the manner in which we deal with personal information we may hold and how are are to use and disclose that information. But as liquidators and trustees we must sometimes disclose that information to certain parties in the conduct of the administration.
For the Referrer (our "Contacts")
Why do we collect your information?
The information that we collect about our contacts is used for two reasons:
1. so that we have details to be able to communicate with you on the files that are conducted by the firm; and
2. for marketing purposes.
How is the information kept?
All information about our contacts is stored in a program that has been specifically developed by the firm for that purpose. We call it our Contacts System. The information kept is the standard address information, plus details that related to the conduct of the files within the firm and certain communications between you and us.
What are marketing purposes?
The firm maintains this information partly for marketing purposes. These purposes include the mailing of promotional material from time to time, the issuance of a monthly e-update to subscribers and issuing of invitations to events held by the firm.
Is this information available to employees of the firm?
Yes. As one of the primary uses of the contacts database is to maintain information on how to communicate with people on files controlled by the firm, that information must be available to the employees who need to make that communication.
Is the information available to people outside the firm?
No. We do not sell, distribute or make available any of this information to anyone outside this firm in any form, or provide details in the form of statistics or summaries about that information.
How do I find out what information we keep on you?
Contact one of the partners and we will forward a printout of your Contacts file. This will contain all of the information that we hold on you.
For the client, creditor, shareholder etc.
Why do we collect personal information?
We can be appointed in any number of situations, for example:
(i) administrations pursuant to the Corporations Act;
(ii) liquidations pursuant to the Corporations Act;
(iii) receiverships under securities;
(iv) trustees pursuant to the Bankruptcy Act.
We collect information for the purpose of carrying out our functions and duties under those appointments. Depending on the type of appointment and your relationship to the file, we can require varying levels of information about you.
For example, in a bankruptcy, we will require extensive information about not only the bankrupt, but also creditors and related parties of the bankrupt. In a receivership however, we may not require any of that type of information.
What if you do not want to provide the information we request?
We only ask for information that is necessary for us to properly conduct the file and obtain the best possible result for creditors and the company or person involved.
Under both the Bankruptcy Act and the Corporations Act, we can compel production of certain information from certain people. It may be an offense not to provide us with requested information and we may be forced to obtain that information by using other provisions of the Acts, including publicly examining people.
Further, if you do not provide any information required, we may not be able to properly conduct the file, we may not be able to contact you and the outcome for you may be adversely affected. For example, creditors not providing contact or debt details may mean that they will not receive a dividend.
What if you subscribe for our File Information updates?
Subscription information is kept on a separate database housed with our website and is not even generally available to our staff. That information is protected by the security regime provided by our internet service provider. That information will not be disclosed to any party outside the firm, and will only be available to the firm's web administration staff and the partners of the firm.
Will we disclose your personal information to anyone?
At times it is necessary for us to disclose your personal information to other persons. Indeed we may be compelled to do so by the law or the courts. Such other persons may include:
1. Experts we employ;
2. Solicitors who are advising us;
3. Solicitors representing other persons;
4. If the matter requires litigation, then: -
a. Mediators and Arbitrators who may be involved in your matter;
b. Courts, tribunals, commissions and their officers;
5. Government departments such as ASIC or ITSA.
6. Creditors through details that we must by law include in reports to creditors.
We will only disclose your information as and when it is necessary, and only the information that we are required to disclose for that purpose.
We may be required to issue reports about a matter to ASIC, ITSA and creditors. If that is required, we also publish the report on a password protected page on this web site, but these are only accessible by people that are entitled to receive those reports in paper form.
How do you request access to your personal information held by us?
You can request access to the personal information we hold about you by speaking to the person responsible that particular file. In some limited circumstances we do not have to provide you with the information you request. These situations are rare and we will explain why if they occur.
If you require access to your personal information, we request that you make that request in writing and give us full details of what you would like to know or see.
Who to contact for more information?
Please direct any inquiries to the author responsible for the matter in which you are involved.
Last Updated: 8.12.2010