About this Policy
We are genuinely committed to protecting your privacy. This policy therefore outlines the way in which Bankruptcy Advisory Centre (“BAC”) collects, manages, uses and discloses personal information.
Our commitment in respect of personal information is to abide by the Australian Privacy Principles (“APP”) for the protection of personal information, as set out in the Privacy Act 1988 (Cth) and any other relevant law.
It applies not just to use of our website, but also to personal information that we process through offline interactions with you in the course of running our business and delivering our services. This includes potential and existing clients as well as people interested in working for or with us.
Information about us
BAC provides bankruptcy, insolvency and liquidation advisory services throughout Australia. As liquidators and trustees, the directors of BAC are also subject to the provisions of the Corporations Act 2001 and the Bankruptcy Act 1966 with respect to the collection, storage and disclosure of personal information, as well as the requirements of various professional associations.
What is Personal Information and why do we collect it?
We collect and use personal information from different categories of individuals and businesses for several different purposes. Personal Information is information or an opinion that identifies an individual.
Examples of Personal Information (non-exhaustive) we collect include:
- your name;
- contact details (such as address, telephone, email);
- personal details where relevant (such as date of birth, gender, household information);
- occupation and employment details;
- tax and financial records, bank statements;
- other correspondence and advice.
This Personal Information is obtained in many ways including by being provided with information required under law (such as information provided by a debtor in a statement of affairs), through questionnaires, interviews, examinations, correspondence, fax/email/telephone from publicly available sources and through third parties disclosing such information, either voluntarily or under compulsion of law.
Collection of Personal Information may be required or authorised by the Bankruptcy Act 1966 (Cth) and its associated Regulations, Rules and Schedules.
We collect your Personal Information for the purposes of
- identifying or contacting you,
- determining and assessing your debt management or insolvency options and providing you with financial services, financial solutions, budgeting, debt management options,
- to obtain your authority to act as your agent, and
- so that we may comply with any obligation or duty that we may have in relation to the administration of bankruptcy matters and/or estates under the relevant Acts.
We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. This includes any sensitive information as defined in the Privacy Act, with your consent or where required or authorised by law.
Using and Disclosing of Personal Information
BAC will use your information for the following purposes and circumstances which include but not limited to:
- Providing an initial consult;
- To fulfil any contractual obligations to you;
- Third parties where you consent to the use or disclosure on your behalf;
- Where required or authorised by law, for example as required by the Australian Financial Security Authority or if it is required for reporting obligations under the Bankruptcy Act 1966 and its associated Regulations, Rules and Schedule;
- Where it is necessary for us to comply with our obligations and duties in administering bankrupt estates;
- To send you any commercial communications.
In some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party if that does not conflict or interfere with our obligations or duties under law, including our obligations and duties in administering a bankrupt estate.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorised access, modification or disclosure. All employees of BAC are bound to maintain the confidentiality of Personal Information collected for the purposes of administering services under the BAC. When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
However, we cannot give any absolute guarantees or warranties about the security of your information and we will not be held liable for any loss or damage that you may suffer as a result of any unauthorised access to your information.
We have no control over websites outside of our own sites including third party links which may appear on our website, and are not responsible for the conduct of any companies linked to our website. Before disclosing your personal information via any other websites, we strongly recommend that you read the terms and conditions of those websites
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions in the APP’s and in law relating to bankruptcy. If you wish to access your personal Information, please contact us in writing and we can arrange for the relevant changes to occur. In order to protect your Personal Information, we may require identification from you before releasing the requested information. We will endeavour to respond to your request within 14 business days. You may be charged a fee for access to this information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update and correct our records.
We do not routinely disclose Personal Information to overseas recipients. We will do so if required by law or if we have a duty or obligation to do so in the administration of a bankrupt estate and will take such steps as are reasonable to ensure the overseas recipient either does not breach Australian Privacy Principles or is covered by a similar law or scheme.
In accordance with the terms of this policy we may communicate with you to provide information about our products, support services, special offers, promotions or other matters that we believe may be of interest to you.
We will not send third party advertising information to you without first asking you whether you want to receive this information.
If you are receiving communications from us and you no longer wish to receive these communications, please contact us and inform us that you wish to unsubscribe.
Bankruptcy Advisory Centre
Unit 7/100 Hay Street
Subiaco, WA 6008
Call: 1300 887 210
We will consider, investigate and respond to any query or complaint within 28 business days. If we are unable to satisfactorily resolve your complaint, it may be referred to a recognised external dispute resolution scheme.
You can also contact the Office of the Australian Information Commissioner by visiting the following website and following the steps listed on the website: www.oaic.gov.au/privacy/privacy-complaints.
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