Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not, and
- whether the information or opinion is recorded in a material form or not.
We view the privacy of personal information as an important issue.
2. Manner and purpose of collection of personal information
The type of personal information we collect, and how it is collected, includes, but may not be limited to:
- information you provide to us at our request, your name and address and, when you use our web site, your domain name, e‑mail address, and information on what pages you access;
- information that may be provided to us by a credit reporting body and information relating to payment of our accounts; and
- information we collect in the course of acting for clients.
We will only use your personal information for the purpose of:
- conducting our business of a provider of advisory services, including formal and informal insolvency services. Including liaising with regulators, including FEG, in respect of assisting employees with filing payment claims with FEG;
- providing and marketing our services to you (including assessing your credit worthiness);
- sending you publications and inviting you to seminars and functions which we think may be of interest to you, unless you have consented to us using your personal information for other purposes or its use for another purpose is required or permitted by law (such as to comply with obligations under the Privacy Act in relation to mandatory data breach notification).
Without collecting personal information, we may be unable to provide our services to you. If you do not wish us to use your personal information in any of the above ways, please contact us (see addresses under paragraph entitled “Accessing your personal information”). For formal insolvency appointments this includes assisting employees with the completion of claims made to FEG, and assisting FEG with the processing of employee claims, for the benefit of employees.
3. Accuracy and completeness of personal information
While we will endeavour to ensure that the personal information collected from you is up to date and complete, we will assume that any personal information provided by you is free from errors and omissions, is not misleading or deceptive and complies with all relevant laws.
We rely on the personal information provided by you. We will not check or verify the accuracy of any personal information we obtain from you or other persons.
You should provide us with details of any changes to your personal information as soon as reasonably practicable following such change.
4. Disclosure of your personal information
We do not permit the personal information we hold to be disclosed to third parties unless:
- we consider it necessary to be disclosed in order that services we provide to you can be properly carried out; or
- you have consented (expressly or impliedly) or requested your personal information to be provided to a third party (i.e. FEG); or
- we are required or permitted by law to provide information to a third party.
Third parties to whom we may disclose personal information include:
- courts, tribunals, regulatory authorities and government departments;
- third parties engaged to assist us in connection with providing services to you such as barristers, external lawyers, consultants, experts and agents;
- our insurers and service providers such as in relation to IT, document production and archiving services; and
- parties and their representatives with whom we are required to engage in relation to your matters.
You have the right to request the above credit reporting bodies (CRBs) not to:
- use credit reporting information for the purposes of pre‑screening of direct marketing by a credit provider; or
- use or disclose credit reporting information if you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud.
If you would like more information about how the above CRBs manage credit related information you can contact them directly.
5. Protecting your personal information
We are committed to ensuring the security of your personal information. We store information in either hard copy or electronic form. We protect your personal information from misuse, loss, unauthorised access, modification and disclosure including through restricted access and secure off-site storage.
6. Accessing your personal information
If you wish to access your personal information held by us, or seek correction of such information, or complain about possible breaches of this policy, the Privacy Act or the Australian Privacy Principles, you should direct your enquiry to:
Joseph Hayes and Andrew McCabe
Level 12, 28 O’Connell Street
Sydney NSW 2000
Telephone: +61 02 9210 1700
Wexted Advisors will endeavour to deal with your inquiry or complaint as soon as is reasonably practicable. You can also contact the Office of the Australian Information Commissioner by visiting https://www.oaic.gov.au/privacy/privacy-complaints/
This policy was last updated on 9 July 2020.