At Dye & Co Pty Ltd (we or us), we comply with the Australian Privacy Principles (APPs) as set out in the Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate the manner in which we can collect, use, hold, disclose and destroy personal information.
We may change this policy from time to time by updating the webpage located at https://dyeco.com.au/privacy-policy/. You should check this webpage from time to time to ensure that you are familiar with any changes. This policy was last updated in November 2018.
Personal Information means information or an opinion about an identified individual, or about 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.
Sensitive Information is a subset of personal information, and includes information or an opinion about an individual’s racial origin, political opinions, religious and philosophical beliefs, sexual orientation and criminal record, and includes health information and genetic information.
2. Collection Methods and Purposes
We collect personal information about our clients, potential clients, creditors of our clients, employees, potential employees, suppliers, contractors and other third parties, in order for us to properly carry out our business functions and activities.
Where it is reasonably practicable for us to do so, we collect personal information directly from you. Sometimes we receive and collect personal information about you from third parties, such as other accounting and insolvency practitioners, business associates, financial advisors or from our clients. We also collect personal information from publicly available sources.
We collect personal information about you when you make an enquiry with us and when we are otherwise engaged us to provide our products and services.
3. What personal information we collect
The kinds of personal information we collect include:
- name, address, telephone numbers, date of birth, place of birth, professional qualifications, occupation, professional membership and contact information;
- information about your dealings with us or our clients, which includes financial records, bank account details, insurance policies and taxation information;
- in some circumstances, tax file numbers, Australian Business Numbers, passports and driver’s licences; and
- electronic data collected when you use our website, including your IP address, browser type, geographical tags, cookies and statistical data.
We rarely need to collect sensitive information and will not do so unless we are authorised by law or otherwise have consent.
You can be anonymous or use a pseudonym when dealing with us, unless:
- you are required by law to use your real name; or
- it is impracticable for us to deal with you without using your real name.
If we do not collect, hold, use or disclose your personal information, then we may not be able to provide our services to you.
4. How we use personal information
We use personal information collected by us to enable us to conduct our business, to carry on our marketing activities and for other reasonably foreseeable purposes, including:
- to maintain and develop our relationship with you and provide our services to you;
- to respond to enquiries;
- to communicate with creditors or our clients and other third parties;
- to market our services including via our newsletter publications;
- to consider your application for employment with us;
- to comply with our legal and reporting obligations; and
- for research, planning, service development, security or risk management.
We may also use personal information that we have collected to periodically send you promotional emails about new services, special offers or other information which we think you may find interesting.
We use personal information for the primary purpose for which it is collected. We may also use your personal information for related purposes that you would reasonably expect including our administrative and accounting functions, marketing and promotions, feedback, newsletter communications, statistical collection and website analysis.
5. Disclosure of personal information
Your personal information is treated by us as strictly private and confidential, and will not be disclosed by us unless:
- you consent to such disclosure;
- the disclosure is required in the course of providing services to you (e.g. engaging an external consultant);
- the disclosure is to an external service provider on a confidential basis for financial or administrative purposes (e.g. IT, photocopy or archive services);
- the disclosure is to a third party recruitment firm in respect of your prospective employment with us;
- the disclosure is required pursuant to our terms of service and required by law in the discharge of our statutory obligations;
- the disclosure is in connection with the actual or proposed sale, merger or divestment of all or part of our business (whether or not any such transaction is completed); or
- we are required or permitted to do so by law.
We will not disclose your personal information to third parties for the purposes of marketing of their products or services to you. We do not sell or trade personal information, or allow third parties to use that personal information for their own purposes.
Sometimes, our business needs require that external contractors or suppliers assist us with information handling. This may include such processes as off-site security storage or electronic database management. If personal information is needed to be accessed by a third party, we use reasonable endeavours to attempt to limit that access to the extent possible and to ensure that those suppliers and contractors are also bound by duties of confidentiality and privacy.
We reserve the right to disclose information to law enforcement or other government officials if we are required to do so, including in connection with an investigation of fraud, intellectual property infringements or other illegal activity, or if we are otherwise required by law to do so.
6. Overseas Disclosure
In the course of providing our services to you, we may need to disclose some of your personal information to an overseas recipient; however we will only do so where:
- such disclosure is necessary for us to provide our services to you; and
- you have provided your consent; or
- we reasonably believe that the recipient is required to deal with the personal information in accordance with laws which are similar to the APPs and will keep the personal information secure and use it only for the purpose for which it was collected; or
- it is otherwise permitted or required by law or court order.
7. Data Quality
The accuracy of the personal information we collect is imperative to us providing proper services.
All reasonable steps will be taken by us to ensure that your personal information is accurate, complete and up-to-date. If you become aware that any of the personal information we hold about you is not accurate, complete or up-to-date, please contact us on the details below.
8. Data Security
We hold your information in electronic and hard copy form. We take reasonable steps to protect all information that we hold, including personal information, from misuse and loss, and from unauthorised access, modification or disclosure.
We do this by, for example:
- taking all reasonable steps to keep our premises secure;
- implementing password controls on our computers and devices, servers and emails;
- using up to date software including antivirus and intrusion prevention;
- ensuring that staff are aware of and understand their obligations under the Privacy Act, including by providing regular training sessions on the Privacy Act and our obligations; and
- using secure document destruction facilities.
9. Access and Correction
You have the right to request access to the personal information we hold about you at any time by contacting our Privacy Officer (contact details below). We may charge a reasonable fee to cover the costs of retrieval and copying, if you are entitled to that personal information.
If the personal information we hold about you is not accurate, complete or up-to-date, we will take reasonable steps to correct the information. You can update the personal information we hold about you by email or letter to our Privacy Officer (contact details below), or online through our Creditor Portal (if applicable) which can be found on our website at www.dyeco.com.au.
We will always provide reasons for denial of access or refusal to correct personal information.
10. Destruction of Personal Information
We use secure document destruction facilities to ensure that personal information is destroyed or de-identified when it is no longer needed or when we are no longer required by law to retain it (whichever is the later).
You agree that we may de-identify or destroy your personal information:
- if you are our client, subject to the provisions of the Corporations Act 2001 (Cth), the Bankruptcy Act 1966 (Cth) and any other law;
- if you are not our client, when we no longer require it (which in many instances will be 7 years after completion of the matter in respect of which the personal information was collected); or
- if you are a prospective employee, immediately upon us determining that your application for employment by us is unsuccessful.
11. Complaints Procedure
If you believe that your privacy has been breached, please contact our Privacy Officer using the contact information below. We will treat your complaint confidentially, investigate it and aim to ensure that your complaint is resolved within a reasonable time.
12. Privacy Officer
For all queries regarding personal information and for access to your personal information, please contact our Privacy Officer by clicking here firstname.lastname@example.org or by writing to the Privacy Officer, Dye & Co 165 Camberwell Rd, Hawthorn East, Victoria 3123.