Nicholls & Co is a specialised accountancy firm that provides bankruptcy services throughout Australia. That service extends to acting in the capacity as a trustee in bankruptcy and to the administration of bankrupt estates in that capacity. The unique obligations of a registered bankruptcy trustee mean that Nicholls & Co is required to obtain and deal with an individual’s Personal Information. This policy outlines the ongoing obligations of Nicholls & Co to you in respect of how we manage your Personal Information.
The Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act) govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers, financial information, employment records, tax and financial records, bank statements, 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 primary purpose of providing our services to you, providing information to our clients and so that we may comply with any obligation or duty that we may have in relation to the administration of bankrupt estates. 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.
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
• For the primary purpose for which it was obtained
• For a secondary purpose that is directly related to the primary purpose
• With your consent; or where required or authorised by law.
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.
Electronic mail addresses
We will only record your e-mail address if you send us a message or if you subscribe to an email mailing list provided in this site. Your email address will only be used for the purpose for which you provide it, and will not be added to a mailing list (other than one you have requested) without your consent.
Website use and links
The Nicholls & Co website contains links to other websites that are external to Nicholls & Co. Nicholls & Co takes reasonable care in linking websites but has no direct control over the content of the linked sites, or the changes that may occur to the content on those sites. It is the responsibility of the user to make their own decisions about the accuracy, currency, reliability and correctness of information contained in linked external websites. Links to external websites do not constitute an endorsement or a recommendation of any material on those sites or of any third party products or services offered by, from or through those sites. Users of links provided by the website are responsible for being aware of which organisation is hosting the website they visit.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• 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; and
• Where it is necessary for us to comply with our obligations and duties in administering bankrupt estates.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure. In addition, the staff of Nicholls & Co are bound to maintain the confidentiality of Personal Information collected by Nicholls & Co.
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.
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 an in law relating to bankruptcy. If you wish to access your Personal Information, please contact us in writing.
In order to protect your Personal Information we may require identification from you before releasing the requested 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.
This Policy may change from time to time and is available on our website.
Nicholls & Co
Suite 6, 459 Peel Street
TAMWORTH NSW 2340
Ph: 1300 060 122
We will consider, investigate and respond to any query or complaint within 14 days.