Privacy Statement

TNR Privacy Policy

Your rights in relation to privacy

Thomas Noble & Russell (TNR) understands the importance of protecting the privacy of an individual’s personal information. This policy sets out how TNR aims to protect the privacy of your personal information, your rights in relation to your personal information managed by TNR and the way TNR collects, holds, uses and discloses your personal information.

In handling your personal information, TNR will comply with the Privacy Act 1988 (Cth) (Privacy Act) and with the 13 Australian Privacy Principles in the Privacy Act. This policy may be updated from time to time.

What kinds of personal information does TNR collect?

Personal information is information or an opinion about an identified, or reasonably identifiable, individual. During the provision of its products and/or services, TNR may collect your personal information.

Generally, the kinds of personal information TNR collects are:

• contact and identification information such as your name, address, telephone number and email address;
• information relating to your interests;
• 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;
• financial information about your assets, occupation and income, account balances, account activities, payment history and transactions with us or third parties;
• details of directorships, shareholdings or other investments you hold;
• sensitive information including health information and criminal record information where you are applying for a position with TNR and it is relevant to the recruitment process through which you must progress.

In some circumstances, TNR may also hold other personal information provided by you.

How does TNR collect personal information?

Generally, TNR 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 TNR website. There may be occasions when TNR collects your personal information from other sources such as from:

• an entity you represent (including but not limited to your employer or a company of which you are a director), where necessary for TNR to provide its products and/or services to that entity through you;
• the completion of an application form by another person or entity that lists you as a director, guarantor, potential guarantor or trade reference;
• credit reporting bodies;
• other credit providers;
• an information services provider;
• a publicly maintained record or other publicly available sources of information including social media and similar websites;
• TNR’s own records about you, from which TNR may internally generate its own scores, assessments or deductions, particularly in relation to your credit worthiness;
• 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
• a government agency.

Generally, TNR will only collect your personal information from sources other than you if it is unreasonable or impracticable to collect your personal information from you.

TNR may also collect information about the way you use our website including through the use of ‘cookies’. Cookies are small files that assist us to identify website user preferences so that we can enhance and tailor your experience of our website. Sometimes cookies result in the collection of personal information. You may disable the use of cookies through your internet browser.

Why does TNR need your personal information?

TNR collects, holds, uses and discloses your personal information where it is reasonably necessary for the purposes of:

• providing to you our products and/or services;
• responding to your requests;
• providing you with further information about TNR;
• identifying and informing you of products, services and events of TNR or selected third parties that may be of interest you;
• accounting, billing and other internal administrative purposes;
• assessing your application for employment with TNR or otherwise for the purpose of engaging you as a contractor or consultant; and/or
• any other legal requirements.

TNR may also use your personal information for purposes related to the above purposes and for which you would reasonably expect TNR 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, TNR 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 TNR. However, without certain information from you, TNR may not be able to provide its products and/or services to you.

To whom does TNR disclose your personal information?

TNR discloses your personal information for the purpose for which TNR collects it. That is, generally, TNR will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:

• members of the HLB Mann Judd Australasian Association, consisting of eight member firms and two representative firms;
• third parties engaged to perform administrative or other business management functions, including debtor management;
• people or entities considering acquiring an interest in TNR’s enterprise or assets;
• TNR’s professional advisors, contractors, consultants and related bodies corporate;
• mailing houses;
• debt collectors and credit management agencies;
• insurance providers; and
• regulatory bodies if and as necessary.

TNR’s disclosures of your personal information to third parties are on a confidential basis and/or otherwise in accordance with law. TNR may also disclose your personal information with your consent or if disclosure is required or authorised by law.

Overseas disclosure

TNR may disclose personal information to overseas recipients in order to provide our products and/or services. TNR 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.

It is not practicable to list all countries in which recipients may be located, however, TNR 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, TNR 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 TNR’s Privacy Officer on the details set out in paragraph 11.

Direct marketing

TNR 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 TNR via the contact details set out in paragraph 11 or through any opt out mechanism contained in a marketing communication to you.

Security of your personal information

TNR 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. TNR holds personal information in both hard copy and electronic forms in secure databases on secure premises, accessible only by authorised staff.

TNR will destroy or de-identify personal information in circumstances where it is no longer required, unless TNR is otherwise required or authorised by law to retain the information.

Can you access and correct the personal information that TNR holds about you?

TNR 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 TNR. If at any time you would like to access or correct the personal information that TNR holds about you, or you would like more information on TNR’s approach to privacy, please contact TNR’s Privacy Officer on the details set out in paragraph 11 below or the Partner who manages your relationship with TNR. TNR 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.

To obtain access to your personal information:

• 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;
• TNR requests that you be reasonably specific about the information you require; and
• TNR may charge you a reasonable administration fee, which reflects the cost to TNR, for providing access in accordance with your request.

TNR will endeavour to respond to your request to access or correct your personal information within 30 days from your request. If TNR refuses your request to access or correct your personal information, TNR will provide you with written reasons for the refusal and details of complaint mechanisms. TNR will also take steps reasonable in the circumstance to provide you with access in a manner that meets your needs and the needs of TNR.

Privacy complaints

Please direct all privacy complaints to the Partner who manages your relationship with TNR or TNR’s Privacy Officer. At all times, privacy complaints:

• will be treated seriously;
• will be dealt with promptly;
• will be dealt with in a confidential manner; and
• will not affect your existing obligations or affect the commercial arrangements between you and TNR.

TNR’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 TNR will resolve it, you may refer the complaint to the Office of the Australian Information Commissioner.

How to contact us

For further information or enquiries regarding your personal information, please contact the Partner who manages your relationship with TNR or the Privacy Officer at privacy@tnr.com.au.