What is the Worrells Privacy Policy?
The Worrells Privacy Policy is for all people who provide personal information to any member of the Worrells group of independent accounting firms operating as a Worrells Solvency & Forensic Accountants (“Members”). Each Member subscribes to this Policy which sets out policies and procedures for dealing with personal information having regard to the Privacy Act 1988 (Cth) (“the Act”), as amended from time to time. The latest version of the Act can be accessed via www.comlaw.gov.au.
From time to time, a Member may notify you of any changes or additions to how they handle your information. When you receive this further information, please consider it carefully. Please also regularly visit this policies webpage as this Policy will be updated from time to time.
In this policy we will tell you
The kinds of personal information that is collected and held.
How Members collect and hold personal information.
The purposes for which Members collect, hold, use and disclose personal information.
How an individual may access personal information held about them, and how they can seek a correction of that information.
How an individual may complain about any breach of the Australian Privacy Principles, or a registered APP code which applies to a Member, and how Members deal with complaints.
Whether the information held is likely to be disclosed to overseas recipients, and if so, the countries in which recipients are likely to be located if practicable to include in this Policy.
As registered liquidators and registered bankruptcy trustees, Principals of Members 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.
For advisors/agencies who engage with/refer people to Worrells
What kind of personal information do we collect?
As a result of Members’ respective dealings with advisors/agencies who engage/ with/refer people to Worrells, certain information is collected about those advisors/agencies. This information includes professional information (such as the professional contact details) as well as some personal information (such as private contact details/interests).
For the client, creditor, shareholder etc.
What kind of personal information is collected and held?
The personal information that is collected and held is that which is required to enable Worrells to comply with its obligations under both the Corporations Act 2001 and the Bankruptcy Act 1966, as well as various professional associations in fulfilling duties as an individual of the Member under the relevant appointee’s capacity.
Members also collect information about you and the interactions you have with them. This includes when you request or use a Member’s services, seek employment with or through them, and when you communicate with a Member or their staff on the phone, email, the Worrells websites, apps, and other mobile applications.
Depending on the nature of the relationship you have with a Member, the Member may collect information about your identity, contact details, family history and relationships, credit history, property, financial information, taxation information, employment and/or business operations information, qualifications, and related information.
If you use the Worrells websites, apps, online services and other mobile applications, information about your location and activities may also be collected. Such information includes IP addresses, telephone numbers and whether you accessed third party sites. It also includes information on the volume of site visits, date and time of visits, the origin of visits, pages viewed, and the length of time spent on the Worrells’ sites.
Some of this information is collected through the use of cookies (see more on cookies below).
From time to time, Members may collect information about you from others. Such information might come from service providers, agents, advisors, brokers, employers and former employers, family members, creditors, complainants and Courts.
For example, Members may collect information about you that is publicly available from public registers, social media or made available by third parties. Members may also obtain information from your emergency contacts in the event of an emergency to enable any support that is required to be provided.
For everyone
Sensitive information
In addition to this Policy, the Privacy Act 1988 protects your sensitive information. Sensitive information includes health, dietary requirements, racial, political, partner information, professional memberships and religious beliefs information.
If we need to obtain this type of information, Members will collect it from you directly or if they wish to collect it elsewhere, they will ask for your consent, except where otherwise permitted by law.
How do Worrells collect personal information?
Personal information is collected from various sources made available to Members, including information provided directly from the individual concerned, as well as publicly available information obtained through searches via various databases.
What if you do not want to provide the information a Member requests?
Members only ask for information necessary to properly conduct the administration of a file under their control in order to fulfil their statutory and professional obligations.
Under both the Corporations Act 2001 and the Bankruptcy Act 1966, Members and their Principals can compel certain information from certain people to be provided. It may be an offence not to provide the Member/Principal with requested information and the Member/Principal may be forced to obtain that information by using other provisions of the Act and other laws, including public examination.
What if you subscribe for Worrells File Information updates?
That subscription information is kept on a separate database housed within the Worrells website. That information is only available upon entry of a correct Worrells password specific to the individual file, which password is provided only to those who have an interest in that particular file. That information will not be disclosed to any party outside the Members and will only be available to the Worrells website administration staff and the Principals of the Members.
How is the information kept?
Members keep personal information in a third-party CRM platform with industry benchmarks for encryption, authentication and other data storage and security protocols.
Members also train and remind their staff of their obligations with regard to personal information and limit access to personal information by requiring the use of passwords and in certain circumstances, two-factor authentication.
When Members interact with people on the internet through the Worrells website, apps, online services and mobile applications, Members generally use a variety of additional tools and systems to protect against unauthorised persons and viruses accessing Member systems. This may include encryption processes, firewalls, virus scanning tools and intrusion detection systems.
Members generally only keep information for as long as required. For example, to be able to provide ongoing services and opportunities and to meet legal obligations and internal needs.
How do Members use personal information?
Members collect, use, and disclose your information for a number of reasons. This includes so they can:
establish your identity
assess the scope of services they provide
provide quotes, estimates, and tenders for their services
administer their services
manage their relationship with you
more effectively and efficiently communicate with their referrers with respect to files conducted by Members in which the referrer has an interest
comply with any applicable legal obligations and assist government and law enforcement agencies or regulators
assess whether you have the right to work in Australia and whether you are suitable for any employment opportunities based on qualifications, experience, physical and mental health, among other things, if you wish to work for them
contact you in relation to insolvency, bankruptcy, liquidation, receivership, administration, employment, and other relevant matters
manage their risks and identify and investigate any illegal activity
conduct and improve their businesses
marketing purposes, and
identify and tell you about other products or services that they think may be of interest to you.
Members may also collect, use, and exchange your information in other ways where it is permitted by law.
What are the marketing purposes?
Marketing purposes include Members:
communicating promotional/informational material and content
disseminating a monthly email newsletter (Worrells – On The Pulse) to subscribers, and
sending event invitations hosted by Members.
Members may contact you in relation to new products and services and undertake direct marketing activities from time to time. If you do not want to participate in any of those activities or do not want to receive direct marketing from a Member, you can tell them by using any of the methods set out under the heading “Member Contact Details” below.
Members may also tell you other ways you can ‘opt out’ when a Member contacts you about new products and services.
Is this information available to Member employees?
Yes. Employees of Members need to be able to access and use information in performing their employment duties. One primary use of the CRM platform used by Members is to securely manage the access and use of information by Member employees.
Is the information available to people outside the group of Members?
Only in limited circumstances.
No Member sells, distributes or makes available any referrer information to anyone outside the Member’s organisation in any form without the owner of that information providing its written consent.
However, at times it is necessary for Members to disclose personal information to other parties. In certain instances, Members may be compelled to do so by law or by an order of the court. Such other parties may include:
experts engaged by a Member
solicitors who are advising a Member
solicitors representing other parties
if the matter requires litigation:
a) mediators and arbitrators who may be involved in your matter
b) courts, tribunals, commissions and their/its officers
government departments such as the Australian Securities & Investments Commission (ASIC) and the Australian Financial Security Authority (AFSA)
Creditors through details that must by law be included in reports to creditors
government and law enforcement agencies or regulators, and
entities established to help identify illegal activities and prevent fraud.
Members will only disclose your information as and when it is necessary and for a proper purpose. Members will also implement strategies to protect your information when using or disclosing it.
New technologies Members use in their businesses
New technologies can allow businesses and organisations to collect and use information to get a more integrated view of the people they deal with in their business and to improve the services and opportunities that they can provide.
Members may combine information they hold with information available from a wide variety of external sources to enable use to analyse the data and find ways to improve their operations, services and opportunities.
Members may also provide reports and data insights to third parties. For example, to help them to utilise Member services to their best advantage and to improve their own products, services and opportunities. If Members do this, reports and insights will be based on aggregated information and will not contain any information that identifies you.
Accessing and correcting personal information
Accessing your personal information
If you would like to access personal information maintained by a Member, contact the Member or one of their Principals in writing and they will arrange for the details of your personal information that the Member maintains to be provided to you.
Members will generally not charge you a fee for giving you access to your information. However, depending on the nature and quantity of information requested, Members may require that a fee be paid to cover the time and expense they incur in compiling and explaining the information you ask for. Members may require this to be paid before they start compiling your information.
If you ask for access to your information, how long will it take to be given access?
Members will make your information available as soon as possible but will try to do so within 30 days of your request.
Before a Member gives you the information, you may first be required to establish your identity.
Can a Member refuse your request for access?
In some circumstances, Members may deny your request to access your information, or otherwise limit the access they provide. Members will only do this where they are legally permitted to do so. In such case, the Member will explain their decision to you.
Updating your basic information
Given the type of services Members provide, it is important that Members have your correct details, such as your current contact details. You can check or update your information by emailing or phoning the relevant Member. You may also be able to do this online or through the Worrells website where the Member provides those facilities.
Can you correct your information?
If you believe a Member holds, or has provided to others, inaccurate information about you, you can ask the Member to correct the information by contacting them by email or phone.
If the information the Member corrects has been provided by them to others, you can ask us to notify the third party of the correction.
A Member will correct your information as soon as possible but will try to do so within 30 days.
What if a Member disagrees about whether your information should be corrected?
If a Member disagrees with you about whether your information should be corrected, the Member will let you know their reasons. If this occurs, you can ask the Member to include a statement with the relevant information, indicating your view that the information is for example, inaccurate, misleading, incomplete, irrelevant or out-of-date, whatever might be the case. The Member will take reasonable steps to comply with such a request.
Making a privacy complaint
How can you make a complaint?
If you have a concern about your privacy, you have a right to make a complaint. If you make a complaint to a Member, that Member will do everything they can to put matters right.
If you believe that a Member has in any way breached the Australian Privacy Principles, or a registered APP code that applies to the Member, to make a complaint, please immediately contact the Member office handling your file or information, as the case may be, and speak with the responsible Principal on the file.
How do we handle a complaint?
Members take complaints about privacy very seriously.
Upon receiving a complaint, the responsible Principal will:
assess your complaint
try to resolve the issue as soon as reasonably possible
keep you updated on their progress, and
advise you of any rectification to be performed of the personal information held by the Member OR if no rectification is required, the reasons why are outlined.
Sending information overseas
Members generally use systems and operate within Australia.
However, Members may send your information overseas from time to time, including:
to any overseas members of Worrells
to service providers or other third parties who operate or hold data outside Australia
where this is required by laws and regulations of Australia or another country, and
to creditors, shareholders and stakeholders in connection with your file or matter who are located overseas in any country.
Where a Member sends your information overseas, that Member will make sure that appropriate security arrangements and data handling systems are in place. Please note that in some cases, overseas laws may apply to the data.
Member contact details
To contact a Member, you can find all of their contact details on www.worrells.net.au.
Cookies
What are they?
Cookies are text files that are downloaded to your computer or mobile device when you visit a website. As you browse, cookies gather information about your use of that website. They enable the site to learn your preferences and behaviour by sending the information collected back to the originating website each time you visit the site.
The aim of cookies is to enable the site to provide a more tailored experience to the user. Some types of cookies also perform essential functions to enhance the user’s experience and the site functionality.
There are number of different types of cookies, including session cookies, persistent cookies, first- and third- party cookies, necessary cookies, functional cookies, social and tracking cookies.
How Members use cookies
Members will use a combination of the various types of cookies from time to time. The use of cookies will depend on what part of the Worrells websites and online services you use and what functions you request of those sites and services.
For example, in order to measure the effectiveness of marketing campaigns (for example, banner advertising), there may be occasions where Members allow third parties to collect analytical data from our site using their cookies.
Please note that these cookies do not capture information that leads to your personal identity being revealed.
How to delete or block cookies
By checking your browser settings, you can control how cookies are used on your computer or device.
Please note that some of the cookies Members use may be essential to ensuring privacy and protection of data and functionality. If you delete or block certain cookies, your experience on Worrells websites and services may be affected. You may discover that functionality is limited, or some parts of websites and other platforms do not work well or at all.
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