Privacy Policy

GENERAL

Jones Partners Insolvency & Restructuring (“JP”) takes care to respect the privacy of its online visitors.  To meet your expectations about privacy JP has operational processes and procedures to comply with the Privacy Act 1988 (as Amended) and the Australian Privacy Principals (APP).

This policy statement applies to your use of this web site. Our general privacy policy statements can be found on this website. You can also view a copy of the policy at our office.

The extent and type of information collected from you on this web site depends on your use of the site.

NON-PERSONAL INFORMATION

If you visit this web site and read or download materials, such as information concerning our services or information bulletins and newsletters, the information we receive is statistical only and will not be used to identify you personally. That information may comprise computer information, session and click-stream data and cookies.

Nevertheless you should be aware that there are inherent security risks in using and transmitting information across the internet.

A short note about cookies – a cookie is a very small text file placed on to your computer when you visit a web site. Cookies are used to enhance the online experience – for example, “session cookies” are created at the beginning of the user’s search session and discarded at its conclusion. The cookie is not used to collect or store information about the user, only to allocate a temporary identifier to the search session. Without the session identifier, the user might lose the entire search context each time a new page is visited during a session.

Most web browsers recognise when a cookie has been offered or placed on your computer. Most web browser software enables you to decide whether you wish to reject or accept the cookie. Check with your software supplier if you are not sure. If cookies are disabled, you may find this web site provides less than desirable functionality and speed, for the reasons described above.

JP does not use cookies to identify you personally, to connect your personal identity with your computer address or to track the navigational or browsing habits of identified visitors.

PERSONALLY IDENTIFIABLE INFORMATION

As a general rule, information that can directly identify an online visitor is collected at this web site only when offered by the visitor voluntarily and on an informed basis. There is no law that requires us to collect your personal information via this website.

If you subscribe to our newsletters or bulletins or send us an email message or other personal information that identifies you we will use your email address and other information you supply to respond to your message or to supply you with the bulletins or other information or service requested.

The types of personal information which we may collect include your name and date of birth, gender, address, financial details, all of which may be necessary for JP to provide you with the services which you have requested.

It is generally not practical to remain anonymous or to use a pseudonym when dealing with JP, as usually we need to use your personal information to provide our specific services to you.  However, if you require to remain anonymous please advise the Privacy Officer of the pseudonym or specific contact details under which communication with you will proceed.

Generally we collect personal information from you directly.  However, it may be necessary for us to collect your information from a third party such as your solicitor or other professional advisor.  If you choose not to provide your personal information when requested, we may not be able to deliver the services that you have requested.  We will endeavour to make this as clear as possible at the time we seek to obtain your personal information.

If we wish to use your personal information to advise you about other JP services we will inform you of this and provide you with an opportunity to decline to receive such communications from us.

Unless expressly stated otherwise in this website, we will not disclose your personal information to third parties unless:

• we have your consent;
• making the disclosure is related to the primary purpose for which we have collected the information and we deem that you would reasonably have expected us to make the disclosure; or
• we are required to do so by law, in which case we would inform you unless doing so itself is unlawful or would impede or defeat the purpose of the disclosure.

ACCURACY

We strive to ensure that all personal information we hold is accurate and up-to-date. To assist us in achieving this, if you believe that any personal information JP has collected about you is inaccurate, not up to date, incomplete, irrelevant or misleading you may request correction.  To do so, please contact the Privacy Officer and we will take all reasonable steps to correct it in accordance with the requirements of the applicable APP.

ACCESS, FURTHER INFORMATION AND COMPLAINTS

You have a qualified right of access to personal information held by JP which identifies you. This is “qualified” because there are some circumstances in which the Privacy Act entitles or requires us to withhold access.  These circumstances include where:

(i)                   access will pose a serious threat to the life or health of an individual;

(ii)                  access would have an unreasonable impact on the privacy of others;

(iii)                 any request for access is frivolous;

(iv)                 the information requested relates to a commercially sensitive decision making process;

(v)                  access would be unlawful;

(vi)                 access may prejudice enforcement activities, a security function of commercial negotiations.

If you would like to exercise your right of access please contact the JP privacy officer via the link set out below.  All requests to the JP Privacy Officer will be dealt with within 30 days as required by the applicable APP.

If you would like further information or if you wish to make a complaint about the collection or use of information via this web site, please contact the JP online privacy officer at the following email address: privacy@jonespartners.net.au.  In circumstances where a complaint is made, you will be asked to set out the details of your complaint in writing in a form as provided.  The form is accessible on our website.  JP will comply with all applicable APP in dealing with your complaint.  JP will endeavour to reply to you within 30 days of receipt of the completed complaint form and, where appropriate, will advise you of the general reasons for the outcome of the complaint.  In some circumstances, the Privacy Officer may decline to investigate the complaint, for the legal reasons set out above.

If you are not satisfied with the outcome of your complaint, you can refer your complaint to the office of the Australian Information Commissioner.

CONSENT TO HOLD INFORMATION

Where we need consent as a requirement of the Privacy Act and the APP, prior to collecting, using or disclosing personal information, we will inform the individual of the following:

• what we wish to do with the information;
• the primary and secondary purpose of collecting the information; and

any other relevant matter.

We will not seek wider consent than what we need to fulfil the stated primary and/or secondary purpose and activity of collecting, using or disclosing the information.  We will endeavour to obtain your consent in writing, however, consent provided orally or by usage of our website will be sufficient for the purposes of the Privacy Act and the applicable APP.

INFORMATION WE COLLECT

Generally, we will not collect sensitive information as defined under the Act. If we do we will make the individual aware of the purpose of such collection and obtain consent to do so.

For business development purposes we will not normally collect personal information other than an individual’s name, address, and contact information, and a history of business development activities in which the individual has participated.

PURPOSES FOR COLLECTING INFORMATION

JP will collect personal information, as defined under the Act, only as necessary to:

• the conduct of formal and informal corporate and personal insolvency / bankruptcy matters.
• business development activities for clients and potential clients
• the general operation of the business including employment of staff.

ACCURACY OF PERSONAL INFORMATION

Particular care is to be exercised to ensure that personal information is collected and recorded accurately. Individuals have the right to review the personal information held by JP and have corrected any inaccuracies.

SECURITY OF PERSONAL INFORMATION

All staff are obliged to maintain in strict confidence personal information obtained in the course of their employment with JP.

All such information remains at all times the property of JP and is not, except as required in the normal course of employment duties, to be removed, copied or reproduced in any form without the prior consent of the Directors.

The Firm uses a combination of measures including physical barriers, alarm systems and access technology, including IT related controls, with administrative protocols to exclude unauthorised intruders from gaining access to information. All staff are obliged to ensure that security measures are adhered to and maintained.

LOSS OF PERSONAL INFORMATION

Despite the best efforts of JP to protect your personal information, there remains the possibility that a breach of our security could occur.  In the event of loss of personal information JP will:

(i)                    Seek to identify and secure the breach to prevent any further breaches;

(ii)                   Engage the appropriate authorities where criminal activity is suspected;

(iii)                  Assess the nature and severity of the breach including the type of personal information involved and the risk of harm to effected                                 individuals;

(iv)                  Notify the effected individuals directly, if appropriate, and where possible:

(v)                   Put a notice on our website advising our customers of the breach;

(vi)                  Notify the Australian Information Commissioner if the breach is significant.

THIRD PARTY CONTRACTORS

JP may engage third party contractors to perform functions for JP from time to time.  Each of the suppliers has signed a confidentiality agreement with JP and agrees to comply with all applicable Australian data protection and privacy laws.  Any access to your information will only occur in the performance of the contractual obligations of JP and not for any other usage.

OVERSEAS USE AND DISCLOSURE

JP may transfer personal information to countries outside of Australia (for example when third party contractors and outsourcing, are required, to undertake specific tasks to enable JP to provide the services which it supplies).  JP will only do so in compliance with all of the applicable Australian data protection and privacy laws.  JP will take reasonable steps to protect personal information, no matter which country it is stored in or transferred to.  JP have procedures and data transfer contracts as appropriate to ensure that JP complies with all applicable APPs.

PRIVACY OFFICER

JP has appointed a Privacy Officer and all questions should be referred to the Privacy Officer in the first instance –  privacy@jonespartners.net.au