The O’Brien Palmer Privacy Statement sets out our firm’s policies and procedures in dealing with your privacy. We understand that privacy is important and we are committed to complying with the Australian Privacy Principles (APPs), which are set out in the Privacy Act 1988 (Privacy Act).
O’Brien Palmer are liquidators and trustees, so we must also adhere to the terms set out by the Corporations Act 2001 and the Bankruptcy Act 1966 in relation to collecting, holding and disclosing personal information.
In this policy, we will tell you:
● The kinds of personal information that is collected, held, used and disclosed;
● How we collect, hold, use and disclose that personal information; and
● Why we collect and hold personal information.
We will outline how O’Brien Palmer handles personal information about clients, business contacts, and other people we deal with.
What information do we collect and hold?
O’Brien Palmer holds the necessary personal information that enables us to comply with our obligations under both the Corporations Act 2001 and the Bankruptcy Act 1966, as well as various professional associations and industry bodies.
This includes, but is not limited to:
● Your name and contact details
● Information about your company, including information about staff, creditors, stakeholders and shareholders
● Financial information and documents required to carry out an insolvency service
How do we collect personal information?
Personal information is collected from various sources made available to O’Brien Palmer, including information provided directly from the individual concerned, our contacts, as well as publicly available information obtained through searches of various databases.
Why do we collect, hold, use and disclose personal information?
O’Brien Palmer only collects, holds, uses and discloses personal information to comply with our requirements and fulfill our duties as liquidators and trustees under the Corporations Act 2001 and the Bankruptcy Act 1966, in whatever capacity that is applicable.
What if you do not want to provide the information we request?
We only ask for information that is necessary for us to establish and conduct your file. We may also ask questions that are mandatory for us to fulfil our statutory and professional obligations. If you do not provide personal information or wish to be anonymous, this may affect our ability to provide you our insolvency services.
Will we disclose your personal information to anyone?
It may be necessary for O’Brien Palmer to disclose personal information to other parties, or in some circumstances, we may be legally required to do so. Such other parties may include:
● Creditors through details that we must by law include in reports to creditors
● Solicitors who are advising O’Brien Palmer
● Solicitors representing other parties
● IT service providers who may view your personal information in the course of addressing a system issue for us
● Government departments such as ASIC or AFSA
How do you request access/correct personal information held by us?
You can request to access your personal information held by O’Brien Palmer by speaking to the person responsible for your file. If it is reasonable to do so, we will give you access to your personal information in the manner requested by you. This is subject to any legal restriction or exemption.
We will take reasonable steps to ensure that personal information we collect, use or disclose is accurate, up to date, complete and relevant for the purpose. If there is any information you believe to be inaccurate or incomplete then we ask you to put that information in writing and communicate that to us so that the information held may be updated.
How can you make a complaint?
If you would like to complain about a privacy breach relating to O’Brien Palmer, or how we handle your personal information, please contact us the person responsible for your file. You will be contacted after your complaint has been assessed and you will be advised of any rectification.
For Business Contacts
What information do we collect and hold?
O’Brien Palmer deals with business contacts who may provide us information regarding potential insolvency proceedings, such as suppliers and government departments or agencies, so we collect certain details such as our contacts’ names, contact details and company. We also collect your opinions and other information you provide when we seek your feedback on our services and performance.
Why do we collect your information?
This information is collected for three main reasons:
1) To provide efficient communication with our business contacts regarding information they have referred to us
2) For marketing purposes
3) To improve our performance and ensure that we constantly improve on and provide high quality service for our business contacts and clients
What are the marketing purposes?
Marketing purposes at O’Brien Palmer includes occasional promotional material and personalising our content for target users. Corporate partners, such as referrers or contractors, will only have their information included in our mailing lists if they have consented to doing so verbally, following a direct contact between our firm and their organisation.
How is the information held?
All information about and provided by our contacts are held in a dedicated contact management system developed by O’Brien Palmer.
Is this information available to employees of the firm?
Yes. We maintain relationships with our contacts to sustain information about how to communicate with people in our contact management system. That information must be available to our employees who need to make and maintain that communication.
Is the information available to people outside the firm?
No. O’Brien Palmer has not and will not sell, distribute or provide any of this information to anyone outside this firm in any form. We use this information only for the business purpose for which it is collected.
Changes to this policy
O’Brien Palmer may amend this policy from time to time, and the updated policy will be published on O’Brien Palmer’s website.