Privacy Policy & Terms | Rapsey Griffiths

Privacy Policy

Rapsey Griffiths Turnaround + Advisory is bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles. This policy explains what we collect, why, who we give it to, and what you can do about it.

1. Introduction

At Rapsey Griffiths, we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines the types of personal information we collect, how it is used, and the measures we take to safeguard it.

We are bound by the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) set out in that Act. This policy explains how we comply with them.

We are an insolvency and turnaround practice. That means some of the information we hold is highly personal, and some of it we are required by law to disclose to regulators, courts and creditors. Section 5 sets out exactly when that happens, so there are no surprises.

2. What personal information we collect

We may collect personal information from you when you visit our website, interact with our online services, or communicate with us via email or other channels. This information may include but is not limited to your name, email address, phone number, and any other details you provide voluntarily.

Where you engage us on a matter, or you are a party to a matter we are appointed to, we may also collect financial and related information, for example income and expenditure, assets and liabilities, bank and creditor details, tax and superannuation records, employment details, company records, and identification documents.

We collect this information because we cannot advise you, or properly administer an appointment, without it. If you choose not to provide it, we may not be able to act for you.

3. How we collect personal information

Wherever it is reasonable and practicable, we collect personal information directly from you: in conversation, by email, through forms on this website, or in documents you give us.

We also collect personal information from third parties where the law allows or requires it, or where you would reasonably expect us to. In an insolvency matter that can include your accountant, advisor or lawyer; a company's books and records; creditors; the Australian Taxation Office; ASIC and AFSA registers; banks and other financial institutions; and publicly available sources such as property and company searches.

You may deal with us anonymously or under a pseudonym when making a general enquiry. We cannot act on a formal appointment or provide personal advice anonymously, because we are required to verify identity.

4. How we use personal information

We use the personal information we collect for various purposes, including:

To provide and improve our services.
To communicate with you about our services.
To respond to your inquiries or requests.
To carry out and administer a formal insolvency, restructuring or turnaround appointment.
To verify your identity and meet our anti-money-laundering and know-your-client obligations.
To send you updates, newsletters, or promotional materials.
Improving our website and services based on your feedback and interactions.
To comply with legal obligations.

5. When we disclose personal information

We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as required by law or to trusted service providers who assist us in operating our website and conducting our business, provided that they agree to keep your information confidential.

Because of the nature of insolvency work, there are disclosures we are legally required to make and cannot avoid. Depending on the matter, these may include:

Reporting to the Australian Securities and Investments Commission (ASIC) in a corporate insolvency appointment, including statutory reports on a company's affairs and on the conduct of its officers.
Reporting to and lodging with the Australian Financial Security Authority (AFSA) in a personal insolvency matter.
Recording a bankruptcy, debt agreement or personal insolvency agreement on the National Personal Insolvency Index (NPII), which is a permanent public register maintained by AFSA.
Publishing notices required by law, including on ASIC's published notices website.
Providing reports and information to creditors, and to meetings and committees of creditors, as the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth) require.
Providing information to a court or tribunal, or in response to a subpoena, summons, notice or other lawful request.
Providing information to the Australian Taxation Office and other government agencies where required.
Providing information to our professional advisors, insurers and auditors.

6. Direct marketing

We may send you information about our services, insights and updates where you have asked for them or where you would reasonably expect to receive them.

Every marketing email we send includes an unsubscribe link, and we will action an opt-out promptly. You can also opt out at any time by contacting us using the details in section 16. We will not use or disclose your personal information for direct marketing by a third party.

7. Overseas disclosure

Some of the software and cloud services we use to run our practice may store data on servers located outside Australia. Where that is the case, we take reasonable steps to ensure the recipient handles your personal information in a way consistent with the Australian Privacy Principles.

In particular, enquiries sent through this website are delivered by email through Resend and stored through Cloudflare, and the analytics and advertising tools described in section 13 are provided by Google, Meta and LinkedIn. These providers are based in, or store data in, the United States, and some operate global networks. Other providers we use to run our practice may store data in the United States or other countries.

8. Keeping information accurate

We take reasonable steps to make sure the personal information we collect, use and disclose is accurate, up to date, complete and relevant. If your details change, or you believe something we hold about you is wrong, please tell us and we will correct it. See section 11.

9. Security and how long we keep information

We employ industry-standard security measures to protect your personal information from unauthorised access, misuse, or alteration. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

We keep personal information only for as long as we need it, or for as long as we are required to keep it by law. Insolvency practitioners are subject to statutory record-keeping obligations under the Corporations Act 2001 (Cth) and the Bankruptcy Act 1966 (Cth), and records relating to an appointment are generally retained for the period those laws require. When information is no longer needed and we are not required to keep it, we take reasonable steps to destroy it or de-identify it.

As a general rule we keep records relating to an engagement or appointment for at least seven years after it ends, and longer where the law requires. We then destroy them securely or de-identify them.

10. Data breaches

We have procedures for responding to suspected data breaches. If a breach of personal information we hold is likely to result in serious harm to you, we will notify you and the Office of the Australian Information Commissioner (OAIC) as required by the Notifiable Data Breaches scheme in Part IIIC of the Privacy Act 1988 (Cth).

11. Accessing and correcting your information

You can ask us for a copy of the personal information we hold about you, and you can ask us to correct it if it is wrong. Please make the request in writing to the contact in section 16 and tell us what information you are after. We will need to verify your identity first.

We will respond within a reasonable period, normally within 30 days. There is no charge for making a request, though we may charge a reasonable fee for the time and cost of giving access to a large volume of records. We will tell you before any fee applies.

There are limited situations where the law allows us to refuse access or correction, for example where giving access would unreasonably affect another person's privacy, where the information relates to anticipated legal proceedings, or where we are prevented by law. If we refuse, we will tell you why in writing and explain how to complain.

12. Your choices

You can opt out of receiving promotional emails from us by following the instructions provided in those emails. You can also contact us to update your preferences.

13. Cookies and website analytics

This website uses cookies (small files stored on your device) to make the site work and to understand how it is being used. Cookies do not tell us who you are.

We use website analytics to collect information such as the pages you visit, how long you spend on them, the type of device and browser you use, your approximate location based on IP address, and the site or search that referred you. We use this to improve the website. This information is collected in aggregate and we do not use it to identify individual visitors.

The tools we use are Google Tag Manager, which loads the others; Google Analytics, to understand how the site is used; Google Ads, to measure whether our advertising leads to enquiries; and the Meta Pixel and LinkedIn Insight Tag, which measure our advertising on Facebook, Instagram and LinkedIn and may be used to show our advertisements to people who have visited this site. These providers may combine this information with what they already hold about you under their own privacy policies. We also use Cloudflare Turnstile on our contact form to check that enquiries come from a person rather than an automated program.

None of these tools receive what you type into our contact form.

You can block or delete cookies in your browser settings. Some parts of the site may not work properly if you do. You can also opt out of Google Analytics with Google's browser add-on (tools.google.com/dlpage/gaoptout), and control how Google, Meta and LinkedIn use your information for advertising in your account settings with each of them.

14. Complaints

If you think we have mishandled your personal information or breached the Australian Privacy Principles, please tell us first. Contact us using the details in section 16 and set out what has happened. We will acknowledge your complaint and aim to respond within 30 days.

If you are not satisfied with our response, you can complain to the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au, by phone on 1300 363 992, or by post to GPO Box 5218, Sydney NSW 2001.

15. Changes to this policy

We may update this policy from time to time. The current version is always available on this page, and the date it was last reviewed is shown at the top.

16. Contact us

If you have any questions about this policy, want to access or correct your information, or wish to make a complaint, contact our Privacy Officer at enquiries@rgia.com.au or 1300 727 739, or write to the Privacy Officer, Rapsey Griffiths, PO Box 613, Newcastle NSW 2300.

Email Disclaimer

Liability limited by a scheme approved under Professional Standards Legislation.

This email (including any attachments) is intended only to be read or used by the addressee. It contains information that may be confidential and legally privileged. If you are not the addressee, or you have received this email by mistake, you must not disclose, copy or distribute it or use the information contained in it (or any attachments) in any way. If you have received this message in error please notify Rapsey Griffiths by return email and then delete this message and any copies of it. Please also contact us if you have any doubts about the authenticity of this email.

If you have received this email as a result of subscribing to a particular distribution list and no longer wish to be included in this or any other list(s), please send an email to enquiries@rgia.com.au with 'Unsubscribe' in the subject field and details of the list(s) from which you wish to unsubscribe.

This email (including any attachments) may contain computer viruses or other defects. It is your responsibility to check this email and its attachments for viruses and defects before opening or forwarding them, and Rapsey Griffiths is not liable for any loss or damage that may be caused by any such viruses or defects.

Website Terms of Use

These terms apply to your use of this website. They sit alongside the Privacy Policy above.

1. About these terms

These terms apply to your use of this website. By using the site you agree to them. If you do not agree, please do not use the site.

In these terms, "we", "us" and "our" mean Rapsey Griffiths Pty Ltd (ABN 27 162 595 253), trading as Rapsey Griffiths Turnaround + Advisory.

We may change these terms from time to time. The current version is always the one on this page.

2. This website is information, not advice

Everything on this website, including the service pages, guides, articles and FAQs, is general information only. It is not financial, legal, accounting or other professional advice, and it does not take account of your circumstances.

Insolvency decisions are specific to the situation and often time-critical. Do not act, or decide not to act, on the basis of anything you read here. Get advice on your own circumstances first. If something on this site is relevant to you, contact us or another appropriately qualified practitioner and talk it through.

Nothing on this website is an offer to accept an appointment, and no appointment or engagement arises until it is agreed in writing.

3. Using the site does not make you a client

Using this website, reading its content, or sending us an enquiry does not create a practitioner–client relationship between you and us. That relationship begins only when we have agreed to act for you and confirmed the engagement in writing.

Please do not send us confidential or sensitive information through this website before we have confirmed an engagement. Until then we cannot guarantee it will be treated as confidential, and sending it may affect our ability to act for you or for another party.

4. Accuracy and currency

We take care to make the information on this site accurate at the time it is published, and we review it periodically. Insolvency law, thresholds, statutory timeframes and Australian Taxation Office practice all change, and content can become out of date between reviews.

We do not warrant that the content is complete, current or free from error, and we are not obliged to update it. Where a page cites legislation, that citation is a starting point, not a substitute for checking the current law.

5. Availability of the site

We aim to keep the site available, but we do not guarantee it will be uninterrupted or error-free. We may change, suspend or withdraw any part of it without notice.

If your situation is urgent, for example a wind-up notice, a director penalty notice, or creditors at the door, please call us on 1300 727 739 rather than relying on the website.

6. How you may use the site

You may read, print and share this website's content for your own information or for advising your own clients, provided you do not alter it and you attribute it to us. You must not:

Reproduce or republish substantial parts of the site commercially without our written permission.
Use the site for any unlawful purpose, or in a way that damages or interferes with it.
Attempt to gain unauthorised access to the site, its servers, or any connected system.
Use automated means to scrape or harvest content or contact details, other than ordinary search-engine indexing.
Remove or obscure any copyright or attribution notice.

7. Intellectual property

Unless we say otherwise, the content, layout, design, graphics and brand marks on this site are owned by us or used with permission, and are protected by copyright and other intellectual property laws.

Legislation, court decisions and material published by regulators such as ASIC, AFSA and the Australian Taxation Office remain the property of their owners and are subject to their own terms.

8. Links to other sites

This site links to third-party websites, including regulators and government agencies, where they are a useful source. We do not control those sites and are not responsible for their content, accuracy or availability. A link is not an endorsement.

9. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a liability cannot be excluded but can be limited, our liability is limited to the maximum extent the law allows.

Subject to that, and to the fullest extent permitted by law, we are not liable for any loss or damage arising from your use of this website or from reliance on anything in it, including indirect or consequential loss.

Our liability for professional services is limited by a scheme approved under Professional Standards Legislation. That scheme applies to the professional services we provide, not to the general information on this website.

10. Privacy

Our handling of personal information is set out in the Privacy Policy above, which forms part of these terms.

11. Governing law

These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.

12. Contact

Questions about these terms can be sent to enquiries@rgia.com.au, or to PO Box 613, Newcastle NSW 2300.