1. Your rights in relation to privacy
HLB Mann Judd understands the importance of protecting the privacy of an individual’s personal information. This policy sets out how HLB Mann Judd aims to protect the privacy of your personal information, your rights in relation to your personal information managed by HLB Mann Judd and the way HLB Mann Judd collects, holds, uses and discloses your personal information.
In handling your personal information, HLB Mann Judd will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. To the extent HLB Mann Judd handles your credit information, HLB Mann Judd will also comply with the Credit Reporting Code. This policy may be updated from time to time.
2. What kinds of personal information does HLB Mann Judd collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its products and/or services, HLB Mann Judd may collect your personal information.
Generally, the kinds of personal information HLB Mann Judd collects are:
(a) contact and identification information such as your name, address, telephone number and email address;
(b) information relating to your interests;
(c) where you are acting on behalf of another entity (whether as an employee, director or other representative), details of that entity and your relationship with it;
(d) financial information about your assets, occupation and income, account balances, account activities, payment history and transactions with us or third parties;
(e) details of directorships, shareholdings or other investments you hold;
(f) credit information, being credit related personal information lawfully created and accessible within the Australian credit reporting system, including:
- identification information;
- whether you have or have not met any repayment obligations;
- whether you have defaulted on a payment (ie. a payment that is at least 60 days overdue and over $150 in value) provided HLB Mann Judd has notified you in accordance with the Privacy Act;
- whether you have paid any amount previously reported as being in default;
- that another credit provider has sought credit-related personal information about you from a credit reporting body;
- information about the types of consumer or commercial credit, and the amounts of credit, you have sought from a credit provider;
- information about court proceedings related to credit provided to you or for which you have applied;
- personal insolvency information and other publicly available information relating to your credit worthiness;
- a credit provider’s reasonable belief that you have committed a serious credit infringement; and
- any other information lawfully obtainable within the Australian credit reporting system;
(g) credit eligibility information which is credit-related information about you that HLB Mann Judd obtains from a credit reporting body such as Equifax Pty Ltd (Equifax) and Dun and Bradstreet (DNB)(the details of which are set out in paragraph 5), together with information HLB Mann Judd derives from such information based on its own analysis including internally generated scores, ratings and other assessments used to evaluate your credit worthiness; and
(h) sensitive information including health information and criminal record information where you are applying for a position with HLB Mann Judd and it is relevant to the recruitment process through which you must progress.
In some circumstances HLB Mann Judd may also hold other personal information provided by you.
3. How does HLB Mann Judd collect personal information?
Generally, HLB Mann Judd collects your personal information directly from you, through the completion of a manual or online form, an interaction or exchange in person or by way of telephone, facsimile, email, post or through the use of the HLB Mann Judd website. There may be occasions when HLB Mann Judd collects your personal information from other sources such as from:
(a) an entity you represent (including but not limited to your employer or a company of which you are a director), where necessary for HLB Mann Judd to provide its products and/or services to that entity through you;
(b) the completion of an application form by another person or entity that lists you as a director, guarantor, potential guarantor or trade reference;
(c) Equifax, DNB or other credit reporting body;
(d) other credit providers;
(e) an information services provider;
(f) a publicly maintained record or other publicly available sources of information including social media and similar websites;
(g) HLB Mann Judd’s own records about you, from which HLB Mann Judd may internally generate its own scores, assessments or deductions, particularly in relation to your credit worthiness;
(h) if for recruitment purposes, an external recruitment or background screening services provider or a health service provider to obtain, where necessary and relevant, health information; or
(i) a government agency.
Generally, HLB Mann Judd will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.
4. Why does HLB Mann Judd need your personal information?
HLB Mann Judd collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:
(a) providing to you our products and/or services;
(b) responding to your requests;
(c) providing you with further information about HLB Mann Judd;
(d) identifying and informing you of products, services and events of HLB Mann Judd or selected third parties that may be of interest you;
(e) assessing an application for, and if successful, administering, a consumer or commercial credit account with HLB Mann Judd (including assessing your application to act as a guarantor in relation to the credit);
(f) accounting, billing and other internal administrative purposes;
(g) assessing your application for employment with HLB Mann Judd or otherwise for the purpose of engaging you as a contractor or consultant; and/or
(h) any other legal requirements.
HLB Mann Judd may also use your personal information for purposes related to the above purposes and for which you would reasonably expect HLB Mann Judd to do so in the circumstances, or where you have consented or the use is otherwise in accordance with law.
Where personal information is used or disclosed, HLB Mann Judd takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to HLB Mann Judd. However, without certain information from you, HLB Mann Judd may not be able to provide its products and/or services to you.
5. To whom does HLB Mann Judd disclose your personal information?
HLB Mann Judd discloses your personal information for the purpose for which HLB Mann Judd collects it. That is, generally, HLB Mann Judd will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
(a) members of the HLB Mann Judd Australasian Association, consisting of eight member firms and two representative firms;
(b) third parties engaged to perform administrative or other business management functions, including debtor management;
(c) people or entities considering acquiring an interest in HLB Mann Judd’s enterprise or assets;
(d) HLB Mann Judd’s professional advisors, contractors, consultants and related bodies corporate;
(e) mailing houses;
(f) debt collectors and credit management agencies;
(g) third parties who act as guarantors in relation to credit we provide to you;
(h) insurance providers; and
(i) regulatory bodies if and as necessary.
HLB Mann Judd may also disclose your personal information, including your credit information, to lenders, other credit providers and the credit reporting bodies, Equifax and DNB (contactable on the details set out below). In particular, HLB Mann Judd may disclose to Equifax or DNB information about you failing to meet your payment obligations or if you commit a serious credit infringement. Equifax or DNB may include any information provided to it by HLB Mann Judd in reports that it provides to other credit providers for the purpose of such credit providers assessing your credit worthiness.
HLB Mann Judd’s disclosures of your personal information to third parties are on a confidential basis and/or otherwise in accordance with law. HLB Mann Judd may also disclose your personal information with your consent or if disclosure is required or authorised by law.
Equifax and DNB’s privacy policies on their management of credit related personal information can be accessed through their respective websites at: http://www.equifax.com.au/privacy and http://dnb.com.au/privacy-policy.html
Equifax Australia Personal Solutions Pty Ltd
PO Box 964
NORTH SYDNEY NSW 2059
or otherwise through the ‘contact us’ form at https://www.equifax.com.au/contact.
Dun and Bradstreet (Australia)
PO Box 7405 St Kilda Road
MELBOURNE VIC 3004
6. Overseas disclosure
HLB Mann Judd may disclose personal information to overseas recipients in order to provide our products and/or services. HLB Mann Judd may also store, process or back-up your personal information on computer servers or networks which are located overseas or in the cloud, including where services are performed by service providers who are located overseas. HLB Mann Judd does not disclose any credit information to any recipient located outside of Australia.
It is not practicable to list all countries in which recipients may be located, however, HLB Mann Judd will only disclose your personal information to an overseas recipient where reasonably necessary in order to provide its products and/or services and for administrative, data storage or other business management purposes.
Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, HLB Mann Judd will take steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law. If you have any queries or objections to such disclosures, please contact HLB Mann Judd’s Privacy Officer on the details set out in paragraph 11.
7. Direct marketing
HLB Mann Judd may use and disclose your personal information in order to inform you of products and services that may be of interest to you. In the event you do not wish to receive such communications, you can opt out by contacting HLB Mann Judd via the contact details set out in paragraph 11 or through any opt out mechanism contained in a marketing communication to you. HLB Mann Judd will not use or disclose credit-related personal information for direct marketing purposes.
8. Security of your personal information
HLB Mann Judd takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference and loss and from unauthorised access, modification or disclosure. HLB Mann Judd holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff. Credit eligibility information, such as information HLB Mann Judd receives from Equifax and DNB for the purpose of assessing credit worthiness, is stored through equally secure methods.
HLB Mann Judd will destroy or de-identify personal information in circumstances where it is no longer required, unless HLB Mann Judd is otherwise required or authorised by law to retain the information.
If you believe on reasonable grounds that you have been, or are likely to be, a victim of fraud, you may request Equifax or DNB not to use or disclose credit related personal information they holds about you by contacting Equifax or DNB on the details set out in paragraph 5.
9. Can you access and correct the personal information that HLB Mann Judd holds about you?
HLB Mann Judd takes steps reasonable in the circumstances to ensure personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act, you have a right to access and seek correction of your personal information that is collected and held by HLB Mann Judd. If at any time you would like to access or correct the personal information that HLB Mann Judd holds about you, or you would like more information on HLB Mann Judd’s approach to privacy, please contact HLB Mann Judd’s Privacy Officer on the details set out in paragraph 11 below or the Partner who manages your relationship with HLB Mann Judd. HLB Mann Judd will grant access to the extent required or authorised by the Privacy Act or other law and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
Where necessary to resolve a request for correction of your credit related personal information, HLB Mann Judd may also consult with other relevant entities, including but not limited to Equifax and DNB. HLB Mann Judd’s use or disclosure of your credit related personal information for correction purposes is permitted by the Privacy Act.
To obtain access to your personal information:
(a) you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
(b) HLB Mann Judd requests that you be reasonably specific about the information you require; and
(c) HLB Mann Judd may charge you a reasonable administration fee, which reflects the cost to HLB Mann Judd, for providing access in accordance with your request.
Alternatively, if you would like to access personal information held about you by Equifax, please contact Equifax or DNB on the contact details set out in paragraph 5.
HLB Mann Judd will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If HLB Mann Judd refuses your request to access or correct your personal information, HLB Mann Judd will provide you with written reasons for the refusal and details of complaint mechanisms. HLB Mann Judd will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of HLB Mann Judd.
If you are dissatisfied with HLB Mann Judd’s refusal to grant access to, or correct, your credit related personal information, you may make a complaint to the Office of the Australian Information Commissioner.
10. Privacy complaints
Please direct all privacy complaints to the Partner who manages your relationship with HLB Mann Judd or HLB Mann Judd’s Privacy Officer. At all times, privacy complaints:
(a) will be treated seriously;
(b) will be dealt with promptly;
(c) will be dealt with in a confidential manner; and
(d) will not affect your existing obligations or affect the commercial arrangements between you and HLB Mann Judd.
Specifically, if your complaint relates to credit related personal information and/or HLB Mann Judd’s failure to comply with its obligations regarding credit related personal information under the Privacy Act and/or the Credit Reporting Code:
(a) HLB Mann Judd will acknowledge your complaint within 7 days of receipt and endeavour to resolve it within 30 days, unless HLB Mann Judd informs you otherwise and seeks your agreement in writing;
(b) HLB Mann Judd may consult with relevant third parties, such as Equifax, DNB or other credit providers, in order to sufficiently and expeditiously resolve the complaint; and
(c) if your complaint relates to HLB Mann Judd’s refusal to provide access to, or correct, your credit related personal information, you may complain directly to the Office of the Australian Information Commissioner.
HLB Mann Judd’s Privacy Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, or an extension to the time in which HLB Mann Judd will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.
11. How to contact us
For further information or enquiries regarding your personal information, please contact the Partner who manages your relationship with HLB Mann Judd or the Privacy Officer at your local HLB Mann Judd office.