Privacy

 

PRIVACY POLICY

1.    INTRODUCTION

This policy outlines how we collect and manage personal information in accordance with the Privacy Act 1988 (as amended) and Australian Privacy Principles (APP).

We only collect information that is reasonably necessary for the proper performance of our activities and functions.

2.    TERMS AND DEFINITIONS

‘Personal Information’ is information such as contact details, work experience, test results, references (opinions about your work performance), incidents at the workplace and other information obtained or received in connection with your possible and actual work placements.

‘Sensitive information’ is a special category of personal information under the Australian Act. It is information or opinion about you, including membership of a professional or trade association of a trade union; criminal record; health information, racial or ethnic origin, political opinions, membership of a political association, religious beliefs or associations, philosophical beliefs or sexual preferences or practices. As outlined in the Australian Act, sensitive information can, in most cases, only be disclosed with your consent.

‘We, ‘Us, ‘Our’ means Edutemps Pty Ltd and affiliated entities.

‘Candidate’ means anyone that Edutemps Pty Ltd present to clients for work including independent contractors, on-hire and permanent job seekers.

3.    INFORMATION FLOW

When we collect your personal information:

  • we check that it is reasonably necessary for our functions or activities;
  • we check that it is current, complete and accurate. This will sometimes mean that we have to cross check the information that we collect from you with third parties.
  • we record and hold your information in our Information Record System. Some information may be disclosed to our third party suppliers and overseas recipients.
  • we retrieve your information when we need to use or disclose it for our functions and activities. At that time, we check that it is current, complete, accurate and relevant. This will sometimes mean that we have to cross check the information that we collect from you with third parties once again – especially if some time has passed since we last checked.
  • subject to some exceptions, we permit you to accessyour personal information in accordance with APP:12 of the (APPs).
  • we correct or attach associated statements to your personal information in accordance with APP:13 of the (APPs).
  • we destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed provided that it is lawful for us to do so. We do not destroy or de-identify information that is contained in a Commonwealth Record.

4.    INFORMATION THAT WE COLLECT AND HOLD

Personal information that we collect and hold information that is reasonably necessary for the proper performance of our functions and activities and is likely to differ, depending on whether you are:

  • a Candidate
  • a Client
  • a Referee
  • a Supplier
    • Candidates

The type of information that we typically collect and hold about Candidates is information that is necessary to assess amenability to work offers and work availability; suitability for placements; or to manage the performance in work obtained through us and includes:

  • Your contact details e.g. phone number, email address, residential/postal address;
  • Application and/or registration paperwork;
  • Qualifications and training;
  • Results to any assessments or training conducted e.g. online inductions, skills assessments;
  • Photo Identification e.g. Current Driver’s Licence;
  • Employment history which includes your resume, references received about you;
  • Your eligibility to work in Australia e.g. passport, birth or citizenship certificate, visa  (and/or application) or any other relevant documentation;
  • Medical history (if applicable and only with your consent);
  • Any information received whilst in a work placement e.g. performance feedback, workplace incidents;
  • Plus any other relevant personal or sensitive information provided by you (note: sensitive information will only be collected with your consent).
    • Clients

The type of information that we typically collect and hold about Clients is information that is necessary to help us manage the presentation and delivery of our services and includes:

  • Business information e.g. ABN, business name, contact details, relevant contacts within the business, structure, the role etc.;
  • Candidates introduced.
    • Referees

The type of information that we typically collect and hold about Referees is information that is necessary to help make determinations about the suitability of one of our Candidates for particular jobs or particular types of work and includes:

  • Name;
  • Position details (current and/or previous) i.e. position title, organisation name, responsibilities;
  • Contact details e.g. phone number, email address etc.;
  • Information you provide us on the candidate;
  • Any other information you provide verbally or in writing.

5.4 Suppliers

The type of information that we typically collect and hold about Suppliers is information that is necessary to help us manage the related activities and services with the relationship accordingly:

  • Business information e.g. ABN, business name, contact details, relevant contacts within the business, business records;
  • Information about goods and services supplied.

 

6.     PURPOSES

The purposes for which we collect, hold, use and disclose your personal information are likely to differ depending on whether you are:

  • a Candidate
  • a Client
  • a Referee

The following sections are also relevant to our use and disclosure of your personal information:

  • Our Policy on Direct Marketing
  • Overseas Disclosures
    • Candidates

Information that we collect, hold, use and disclose about Candidates is typically used for:

  • work placement operations;
  • recruitment functions;
  • statistical purposes and statutory compliance requirements;
  • communicating news, events, industry updates, promotions, opportunities and any other information which may be of interest to you;
  • skills, aptitude or any other relevant assessments or evaluations;
    • Clients

Personal information that we collect, hold, use and disclose about Clients is typically used for:

  • client and business relationship management;
  • recruitment functions;
  • marketing services and events to you;
  • statistical purposes and statutory compliance requirements.
    • Referees

Personal information that we collect, hold, use and disclose about Referees is typically used for:

  • confirmation of identity and authority to provide references;
  • candidate suitability assessment;
  • recruitment functions.
    • Our Policy on Direct Marketing

Edutemps may use or disclose your personal information in order to inform you of news, industry updates, events, promotions, 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 Edutemps via the contact details set out below or through any opt-out mechanism contained in a marketing communication to you.

Your personal information will not be disclosed to a third party for marketing purposes.

7.    HOW YOUR PERSONAL INFORMATION IS COLLECTED

The means by which we will generally collect your personal information are likely to differ depending on whether you are:

  • a Candidate
  • a Client
  • a Referee

We sometimes collect information from third parties and publicly available sources including newspapers, journals, directories, the Internet and social media sites when it is necessary for a specific purpose such as checking information that you have given us or where you have consented or would reasonably expect us to collect your personal information in this way. When we collect personal information about you from publicly available sources for inclusion in our records we will manage the information in accordance with the APPs  and this policy.

Sometimes the technology that is used to support communications between us will provide personal information to us – see the section in this policy on Electronic Transactions.

    • Candidates

Personal information will be collected from you directly when you fill out and submit one of our application forms (online or hard copy) or any other information in connection with your application to us for work.

Personal information is also collected when:

  • You attend an interview e.g. by Skype, face to face, on the phone;
  • we receive a reference about you;
  • we receive results of enquiries that we make of relevant professional associations or registration bodies;
  • we receive any information about you from sources in your current or previous workplace including performance, accidents,
  • we receive any information from government or credit agencies;
  • we receive a complaint from or about you;
  • we receive feedback on your performance;
  • you fill out a survey e.g. salary survey;
  • results have been received for online training, online inductions, background checks, competency or medical tests;
  • provide information in person, via telephone, email, fax, post or any other means.

 

All information that you provide is voluntary, however, please note that should you choose not to provide the information that we seek we may be limited in our ability to:

  • locate suitable work for you;
  • provide services to assist you.
    • Clients

Personal information about you may be collected:

  • when you provide it to us for business or business related social purposes;
  • when you contact us through our website, via telephone, email, fax, post or any other means.
    • Referees

Personal information about you may be collected when you provide it to us:

  • in the course of our checking Candidate references with you;
  • when we are checking information that we obtain from you about Candidates.
    • Electronic Transactions

Sometimes, we collect personal information that individuals choose to give us via online forms or by email, for example when individuals:

  • ask to be on an email list such as a job notification list;
  • register as a site user to access facilities on our site such as a job notification board;
  • make a written online enquiry or email us through our website;
  • submit a resume by email or through our website;
  • submit a time sheet;
  • submit a vacancy.

It is important that you understand that there are risks associated with use of the Internet and you should take all appropriate steps to protect your personal information.  It might help you to look at the OAIC’s resource on Internet Communications and other Technologies.

You can contact us by land line telephone or post if you have concerns about making contact via the Internet.

8.    HOW YOUR PERSONAL INFORMATION IS HELD

Personal information is held in our Information Record System until it is no longer needed for any purpose for which it may be used or disclosed at which time it will be de-identified or destroyed provided that it is lawful for us to do so.

We take a range of measures to protect your personal information from:

  • misuse, interference and loss; and
  • unauthorised access, modification or disclosure.
    • Our Information Record System

The personal information that we hold is stored by means of hard copy files and electronic files and may be on cloud based servers or servers of third parties.

  • Information Security

Safeguarding the privacy of your information is important to us. Personal information is held and stored in a combination of, secured offices with paper-based files and secure computer storage facilities (some of which are cloud based) including:

  • A computerised database which requires a log in and password to gain access and passwords are changed frequently;
  • Access to databases is available only to team members who require access;
  • All team members and third party suppliers are bound by confidentiality agreements;
  • Visitors to our offices are accompanied by an Edutemps team member;
  • Hard copy information is disposed of in a secure bin and then shredded;
  • All electronic devices are password protected.

9.      DISCLOSURES

We may disclose your personal information for any of the purposes for which it is primarily held or for a lawful related purpose.

We may disclose your personal information where we are under a legal duty to do so.

Disclosure will usually be:

  • internally and to our related entities;
  • to our Clients;
  • to Referees for suitability and screening purposes.
    • Related Purpose Disclosures

We outsource a number of services to Contracted Service Suppliers (CSPs) from time to time.  Our CSPs may see some of your personal information.  Typically our CSPs would include:

  • Software solutions providers;
  • T. contractors and database designers and Internet service suppliers;
  • Legal and other professional advisors;
  • Insurance brokers, loss assessors and underwriters;
  • Superannuation fund managers;
  • Background checking and screening agents;
  • Any other third party engaged to perform administration facilitators.

We take reasonable steps to ensure that terms of service with our CSPs recognise that we are bound by obligations to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.

  • Cross-Border Disclosures

Some of your personal information may be accessible or disclosed to overseas third party suppliers in order to provide its services, such as software systems maintenance and administration facilitators.

The countries in which overseas recipients may be located include USA, Taiwan, Singapore, Finland, Belgium, Ireland, Netherlands, India, Japan and China.

10.      ACCESS & CORRECTION

Subject to some exceptions set out in privacy law, you can gain access to your personal information that we hold.

Important exceptions include:

  • evaluative opinion material obtained confidentially in the course of our performing reference checks; and access that would impact on the privacy rights of other people. In many cases evaluative material contained in references that we obtain will be collected under obligations of confidentiality that the person who gave us that information is entitled to expect will be observed. We do refuse access if it would breach confidentiality.

We will endeavour to respond to your request within 30 days of receipt of your request.

In the event that we are refuse access, correction or deletion of any information, we will notify you with reasons for the refusal.

    • Access Policy

If you wish to obtain access to your personal information please contact our Privacy Officer on the details set out below and provide the following information:

  • Certified proof of identification;
  • Specify the information that you would like access to.

A reasonable administration fee may be charged in accordance with your request to access your personal information.

  • Correction Policy

If you find that personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to correct it by contacting us on the details set out below.

We will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.

If we have disclosed personal information about you that is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to notify the third parties to whom we made the disclosure and we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.

For any correction requests, please provide the relevant information or documentation such as Certified copies of any documents containing information for correction e.g. qualifications, name change etc.

11.      ANONYMITY AND PSEUDONIMITY

You have the option of not identifying yourself or using a pseudonym when dealing with us in relation to a particular matter. This does not apply when:

  • We are required or authorised by or under an Australian Law or a court/tribunal order to deal with individuals who have identified themselves; or
  • It is impractical for us to deal with individuals who have not identified themselves or how have used a pseudonym.

However, in some cases if you do not provide us with your personal information when requested, we may not be able to respond to your request or provide you with the goods, services or information that you are seeking.

12.      COMPLAINTS

You have a right to complain about our handling of your personal information if you believe that we have interfered with your privacy.

    • Complaints procedure

If you are making a complaint about our handling of your personal information, it should first be made to us in writing.

You can make complaints about our handling of your personal information to our Privacy Officer, whose contact details are [email protected], 1300 880 720 or Suite 12, 41 Rawson St, Epping NSW 2121.

When we receive your complaint:

  • We will take steps to confirm the authenticity of the complaint and the contact details provided to us to ensure that we are responding to you or to a person whom you have authorised to receive information about your complaint;
  • Upon confirmation we will write to you to acknowledge receipt and to confirm that we are handling your complaint in accordance with our policy.
  • We may ask for clarification of certain aspects of the complaint and for further detail;
  • We will consider the complaint and may make inquiries of people who can assist us to established what has happened and why;
  • We will require a reasonable time (usually 30 days) to respond;
  • If the complaint can be resolved by procedures for access and correction we will suggest these to you as possible solutions;
  • If we believe that your complaint may be capable of some other solution we will suggest that solution to you, on a confidential and without prejudice basis in our response;

If the complaint cannot be resolved by means that we propose in our response, we will suggest that you refer your complaint to any recognised external dispute resolution scheme to which we belong (RCSA) or to the Office of the Australian Information Commissioner.