IPS Creditor Portal

Last Updated: 24/04/2018

PRIVACY POLICY

Thank you for visiting the Turnkey Insolvency Portal (the “Creditor Portal”).

Please note that, in the first instance, queries regarding how we may use, process, store, and handle your personal information on the Creditor Portal should be directed to the Insolvency Practitioner that created your user account or provided you with access to the Creditor Portal.

For the purposes of this Privacy Policy we need to tell you some information about who we are, how we may have received your personal information, where we store your personal information, how we protect it, and how long we store that personal information for. We also need to explain what our relationship is in respect of your personal information.

We may collect personal information about you when you:

Visit our site;

Upload documents to the Creditor Portal.

Please read the following carefully to understand our views and practices regarding your personal information.

For convenience, we have divided our data protection policies into three separate pages:

Our Privacy Policy

This page explains generally how we collect, receive, use, store, and protect your personal information.

Our Cookie Policy

You can find our cookie policy HERE. This policy explains more about how we may collect personal information about you via cookies (it also explains what cookies are).

Our Retention Policy

You can find out how long we may hold onto certain types of personal information HERE.

WHAT THIS PRIVACY POLICY GOVERNS

This Privacy Policy applies to our site, www.ips-docs.com, and any other services that we may provide to you through our site (we’ll just call these “our services” for short).

In the context of this Privacy Policy “personal information” means information which, on its own or in combination with other information, can be used to identify you, in particular by reference to an identifier such as your name, your address, or location data.

This Privacy Policy governs how we may use or process your personal information. It is important to understand that if you interact with the Creditor Portal it will be necessary for you to agree to be bound by the terms of our Acceptable Use, Privacy, Cookie and Retention Policies.

Because we are a business located in Scotland the personal information that you give us, or we receive or collect about you will be held under Scottish data protection legislation (but we’ll just refer to this as “the legislation”).

The legislation requires that we tell you whether we are a data processor or a data controller for your personal information.

Where you have been provided with login credentials to the Creditor Portal or you are acting on behalf of a third-party when you interact with the Creditor Portal, for example, where you upload documents on behalf of your client or you are a business, then we will be the data processor for that personal information.

The data controller in these circumstances will more often than not be the Insolvency Practitioner that initially obtained your personal information and used that information to give you access to the Creditor Portal.

Where we collect personal information about you through your interactions with our site in general, for example, by collecting your IP address or placing cookies on your computer, then we will be the data controller for that personal information only. As the data controller in respect of this information we can determine the purposes for which and the manner in which that personal information is, or may be, processed by us.

If you have been provided with login credentials to the Creditor Portal and are unsure who your data controller may be, you may be able to find out by logging into the Creditor Portal and checking who the Insolvency Practitioner is that is managing the case.

HOW YOU CONSENT TO US COLLECTING YOUR PERSONAL INFORMATION

It is important to understand that this Privacy Policy deals with how we may collect, process, and store your personal information when you visit our site and the Creditor Portal. This policy applies to you specifically.

When you visit our site you should see a pop-up at the top of your screen directing you to this Privacy Policy and to our Cookie Policy.

If you are logging into the Creditor Portal for the first time you will be prompted to read and accept our Acceptable Use. Privacy, Cookie and Retention Policies before you can continue.

By clicking or selecting the “I Agree” button that appears in the pop-up and/or when you log into the Creditor Portal then you are demonstrating to us that you are freely giving us informed and specific consent for us to collect and process your personal information for the purposes specified in this Privacy Policy and you are accepting and consenting to the practices described.

Remember, our Acceptable Use, Cookie Policy and Retention Policy can be found HERE, HERE, and HERE

If you are generally browsing our site and you do not click or select the “I Agree” button on the pop-up then we will not collect personal information about you subject to the caveat below.

If you are attempting to log into the Creditor Portal and you do not click or select “I Agree” then you will not be able to login to the Creditor Portal.

Caveat: Even if you do not click or select “I Agree” there is still some information that we may automatically collect about you – this normally isn’t personal information but rather technical information used to connect your computer, tablet, or mobile device to the Internet, your browser type and version, the time when you visit our site, your time zone setting, certain browser plug-in types and versions, operating system and platform. This type of information is sent by you to our site automatically and it isn’t something that we can prevent. We only use this information to administer our site including troubleshooting, load testing, traffic throughput, data analysis, performance testing, and for anonymised statistical purposes that we only use internally.

LEGITIMATE INTEREST AND THE CREDITOR PORTAL

The purpose of obtaining your explicit consent to process your personal information when you use the Creditor Portal is so that we may demonstrate that we have explained our personal data handling practices to you and that you are happy with the way we will manage that information.

However, it is important to understand that we have a legitimate interest to collect and process your personal information when you use the Creditor Portal because you will be using our services for the purposes of a company or personal insolvency case. In most cases we are only a data processor in respect of your personal information and you will need to get in touch with the Insolvency Practitioner who is the data controller if you have any questions.

It may also be the case that our client, who is the data controller for your personal information in most circumstances, has already inserted details about you into the relevant case in the Creditor Portal. This processing is necessary for matters such as, but not limited to, monitoring the functionality and security of the Creditor Portal, the management and running of the relevant company or personal insolvency case, and communication between you and the relevant Insolvency Practitioner and other creditors.

We have balanced your interests against ours including having regard for any contractual relationship that you or your business may have with us or any contractual relationship that we may have with our clients and believe that it is not unreasonable for us to process your personal information on the Creditor Portal in our capacity as a data processor. We believe it is reasonable to assume that both you and our clients would expect personal information to be processed by us when using the Creditor Portal.

Please note that, where we are a data processor, we strictly limit the processing, scope, and the use of your personal information for the purposes of company or personal insolvency cases.

Even if we process your personal information without your consent on the basis of our legitimate interest, this does not prejudice your right to object to such processing at any time. You can find more information on how to object or withdraw your consent below.

INFORMATION WE MAY COLLECT

We may process the following personal information about you:

Information you give to us:

You may give us personal information about you by filling in forms on our site or uploading documents to the Creditor Portal. This includes information you may provide to us when you use our site, subscribe to our services, search our site, or when you report a problem with our site.

The information you give us may include:

Name;
Address;
E-mail address;
Telephone and/or mobile number;
IP address;
Financial information (including bank details);
Proxy holder details;
Personal description;
Government issued identification; and
Photographs or videos.

Where you provide any of the above information as part of a company or personal insolvency case via the Creditor Portal, then we will process that personal information in our capacity as a data processor on behalf of our client.

If you provide us with personal information about anyone other than you, then you must ensure that you have obtained the relevant consent for us to process and store that personal information as a data processor and we do not accept responsibility or liability for third party personal information.

Information we collect about you:

When you visit our site we may collect information about you, including which pages you have visited (including date and time) which services and pages you viewed or searched for, page response times, download errors, files downloaded, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from a page

The purpose of this information is to allow us to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, improving our site to ensure that content is presented in the most effective manner for you and for your device, and as part of our efforts to keep our site safe and secure.

Information we receive from other sources:

In many cases we will receive information about you from third parties such as our clients, the Insolvency Practitioners who manage company and personal insolvencies and who are responsible for inputting and uploading information or documents about a case – this may include personal information about you.

HOW WE MAY USE YOUR PERSONAL INFORMATION

When you give us, or we receive, personal information about you then we may use it to:

Carry out our obligations from any contracts entered into between our client, the Insolvency Practitioner, and us and where you are or may be involved in a company or personal insolvency case.

Ensure that content from our site is presented in the most effective manner for you and for your device.

We will not use your personal information for marketing purposes.

If you are receiving marketing communication in error then please get in touch with us and we apologise for any inconvenience caused.

WHERE WE STORE YOUR PERSONAL INFORMATION

The personal information that we collect from you or receive from third parties will be stored within the United Kingdom. Subject to Google Analytics as detailed below, we will not knowingly transfer your personal information outside of the European Economic Area.

The Creditor Portal

Our site and the Creditor Portal is hosted by our third-party hosting partner Cloud Helix (https://cloudhelix.io/).

Cloud Helix’s datacentre is located in the United Kingdom.

Google Analytics

Where we use Google Analytics to collect personal information about your browsing habits on our site then this personal information will be handled in accordance with our Cookie Policy and Google’s privacy policies and procedures.

This information may be transferred outside of the European Economic Area in accordance with Google’s policies. You can read more about Google’s overview of privacy and safeguarding your data at https://support.google.com/analytics/answer/6004245.

All personal information you provide to us or we receive about you is stored on our secure servers. Where practical and reasonable we encrypt communication between our site and you using Secure Socket Layer/Transport Layer Security technology. We may also use encryption at rest and other technologies where reasonable to secure personal information.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password strictly confidential. We ask you not to share passwords, keys or pin numbers with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted from our site and any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access and we apply a “Privacy by Design” approach to our personal information handling and assessment procedures.

YOUR RIGHTS

Where we hold personal information about you as a data processor then, although you have a right to withdraw or restrict your consent, you will need to contact the Insolvency Practitioner who is the data controller to exercise your rights.

Where we hold personal information about you as a data controller then you have a right to ask us not to process your personal information.

If you have an account with the Creditor Portal and you withdraw your consent then we reserve the right to suspend or terminate your access to the Creditor Portal.

Please be aware that, even if we receive a request from you to delete your personal information, it may be that we cannot entirely remove all of your personal information. This is usually because we are a data processor and you must get in touch with the data controller. We may have a legitimate interest to hold onto some of that personal information if, for example, the personal information relates to an ongoing company or personal insolvency case – but we’ll let you know. In many cases we will receive your personal information from a third party, such as an Insolvency Practitioner who uses the Creditor Portal, and we will endeavour to put you in touch with the appropriate data controller.

ACCESS TO INFORMATION

The legislation gives you the right to access a copy of the personal information that we hold about you.

Requests for personal information should be directed to the data controller. In most cases this will be the Insolvency Practitioner who is managing the matter. If you submit a request to access a copy of your personal information to us then we will only disclose the personal information that we hold about you as a data controller. However, we will forward your request to the appropriate data controller.

We cannot release your personal information to anyone. We can only release your personal information to you or an authorised third party who can demonstrate that you consented to have your personal information released – this is a legal requirement. Therefore, it is important for us to ensure that we confirm your identity before we can release any personal information.

WHAT IF I DO NOT CONSENT OR WITHDRAW CONSENT?

If you do not consent to us collecting your personal information then we cannot guarantee the full functionality of our site and cannot be held responsible or liable to you for any reduction or restriction in access to our site or any of our other services.

We will not knowingly place links to external sites. However, it may be that you come across links or references to other sites in correspondence and/or documentation you find on the Creditor Portal. If you follow a link to any of these sites, please note that these sites have their own privacy and cookie policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these sites.

HOW LONG WILL YOU HOLD ONTO MY PERSONAL INFORMATION?

Depending on how you engage with us or the types of services that we provide you it may be necessary for us to store your personal information for shorter or longer periods of time.

Where we are a data processor we will hold onto your personal information in accordance with the instructions of the data controller. Please contact the data controller if you have any questions regarding how long that personal information is retained for.

Where we are a data controller, we will hold onto your personal information in accordance with our Retention Policy which can be found HERE.

CHANGES TO OUR PRIVACY POLICY

We may need to change this Privacy Policy if it’s necessary for legal reasons or to reflect changes to our services. In any case, the provisions of this Privacy Policy may be changed without prejudice to your rights. When we change our Privacy Policy we will make the updated Privacy Policy available on our site and we will also update the “Last Updated” date.

Once we change our Privacy Policy, it will become legally binding on you 30 days after we post it on our site. During that period you’re welcome to contact us if you have questions about the changes. If you have an account for the Creditor Portal then we may reset your login and seek new consent if there is a change in the purpose for which we may process your personal information.

If you don’t agree with our changes to the Privacy Policy (regardless of whether you get in touch with us) then unfortunately we may need to restrict or limit your use of the parts of our site that require your personal information in order for us to deliver our services to you. We’re sorry we have to say that, but we hope you’ll appreciate that in order for certain parts of our site to work properly and in order for us to identify you in connection with our services we need to have everyone using our site and our services under the same rules instead of different people having different rules – that’s why we encourage you to get in touch with us if you have queries.

CONTACT INFORMATION AND WHO WE ARE

We are TURNKEY PTY LTD. We are registered in Australia as a limited liability company. Our ACN is 053 280 729 and our registered office is at Level 13, 459 Collins Street, Melbourne, VIC 3000.

If you are unable to get in touch with the Insolvency Practitioner or you wish to find out more about the personal information that we may process about you then please contact us at the data protection team or, if you prefer to call or write to us at:

Data Protection
TURNKEY Pty Ltd
Level 13
459 Collins Street
Melbourne VIC 3000
Australia
or
Telephone: +61 (07) 2104 9050