- Now Careers means Now Careers Pty Ltd ACN 633 278 967 and Now Careers QLD Pty Ltd ACN 623 571 719 and includes any associated, related, subsidiary and parent companies, successors, and assigns (all of which are referred to as “Now Careers”, “We”, “Us” and “Our”).
- The Act means the Privacy Act 1988 (Cth).
- The APPs means the Australian Privacy Principles.
- Personal Information is defined in the Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not, and
- whether the information or opinion is recorded in a material form or not.
- Sensitive Information, as defined in the Act: includes information or opinion about an individual’s racial or ethnic origin, political opinion, religious beliefs, sexual orientation or criminal record, provided the information or opinion otherwise meets the definition of Personal Information
- CSP means Contracted Service Suppliers.
- OAIC means the Office of the Australian Information Commissioner
Protection of Personal Information is of paramount importance to Now Careers. Now Careers manages Personal Information in accordance with the Act and the APPs.
This Policy constitutes a collection statement for the purposes of the Act.
We only collect information that is reasonably necessary for the proper performance of Our activities or functions. We do not collect Personal Information just because We think it could be useful at some future stage if We have no present need for it. We may decline to collect unsolicited Personal Information from or about an individual and take steps to purge it from Our systems.
1.1 Information Flows
When We collect an individual’s Personal Information:
- We check that it is reasonably necessary for Our functions or activities as a global professional recruitment services provider,
- 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 an individual with third parties,
- We record and hold an individual’s information in Our Information Record System. Some information may be disclosed to overseas recipients,
- We retrieve an individual’s 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 an individual with third parties once again – especially if some time has passed since We last checked.
- Subject to some exceptions, We permit an individual to access their Personal Information in accordance with APP:12 of the APPs.
- We correct or attach associated statements to an individual’s Personal Information in accordance with APP:13 of the APPs.
We destroy or de-identify an individual’s 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.
2. Type of Information That We Can Collect and Hold
The Personal Information that We collect and hold is information that is reasonably necessary for the proper performance of Our functions and activities as a recruitment services provider and is likely to differ depending on whether a person is:
- A Candidate
- A Client
- A referee
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:
- Contact and identity information (such as contact details and other information an individual may provide in their registration documentation),
- For recruitment purposes: previous work history, performance appraisals, qualifications, information about incidents in the workplace, health information, personal history, opinions from Referees, information in relation to absences from work due to leave, illness or other causes and Our assessment of an individual as a prospective Candidate for recruitment,
- Information from third parties including any references about a Candidate, psychometric or competency test results or any information about any insurance investigation, litigation, criminal matter, inquest, or inquiry in which they are involved,
- Financial information that allows Us to pay a Candidate should they be engaged as an Employee, including their Tax File Number, superannuation account details, bank account details and other ancillary information that is required to fulfil contractual, legislative, filing and reporting obligations (including the payment of salary and wages).
2.1.1 Sensitive Information
Depending on the nature of the role applied for, We may need to collect and process Personal Information about a Candidate, including health and disability details, criminal records, or membership of professional or trade associations.
We will only disclose a Candidate’s Sensitive Information (for example, health information) for the purposes for which it was initially collected or purposes to which a Candidate otherwise consent.
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:
- Contact and identity information (such as a Client’s contact details and other information they may provide,
- Feedback that a Client may have provided in relation to a Candidate, or their performance on placement.
The type of information that We typically collect and hold about Referees is information that is necessary to help to make determinations about the suitability of one of Our Candidates for particular jobs or types of work and includes:
- Contact and identity information (such as a Referee’s contact details and other information they may provide,
- Feedback that a Referee may have provided in relation to a Candidate or their suitability for a position.
The purposes for which We collect, hold, use and disclose one’s Personal Information are likely to differ depending on whether a person is:
- A Candidate
- A Client
- A referee
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,
- Marketing services to a Candidate,
- Informing a Candidate about any relevant industry developments, including sending them details of any events, promotions, and competitions, and communicating any other relevant information
- Improving Our customer service, including customising the Now Careers’ website in order to better suit a Candidate’s requirements,
- Responding to enquiries or questions from a Candidate,
- Risk management.
Personal Information about a Client may be collected when a Client provides it to Us for business – or business-related social purposes.
Personal Information about a Referee may be collected when they provide it to Us in the course of Us checking Candidates’ references with them and when We are checking information that We obtain from a Referee about Candidates,
3.4 Dealing with Us Anonymously
Candidates are not obliged to give Us their Personal Information. If they would like to access any of Our services on an anonymous basis, they can let Us know in writing. If this is possible and lawful, We will take reasonable steps to comply with their request. However, if they choose not to provide Us with some or all of their Personal Information We may:
- Not be able to provide a Candidate with the full range of Our recruitment services.
- Be more restricted in providing a particular Candidate with a list of potential employment targets or positions, and
- Decline to provide any further assistance to the Candidate.
Additionally, the Candidate’s chances of being properly considered for a position may be reduced.
3.5 Photos and Images
At times video surveillance that operates in or near Our premises may capture images of an individual.
3.6 Electronic Transactions
Sometimes, we collect Personal Information that individuals choose to give Us via online forms or by email, for example when individuals:
- Make a written online enquiry or email Us through Our website,
- Submit a resume by email or through Our website.
It is important that an individual understand that there are risks associated with the use of the Internet and that they should take all appropriate steps to protect their Personal Information.
An individual can contact Us in writing at the address indicated in Section 8. (Complaints and Enquiries) if they have concerns about making contact via the Internet.
3.6.2 Other Websites
Clicking on links and banner advertisements and RSS feeds may result in an individual to be transferred to another website, where data Privacy practices may be different to that of Now Careers. It is an individual responsibility to familiarise themselves with these Privacy policies as We accept no responsibility for and have no control over them or any information or data collected by or for them.
A link to a third-party website is not an express or implied endorsement, promotion or warranty of the products or services offered by or accessible through that site or advertised on that site.
4. 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 an individual Personal Information from:
- Misuse, interference, and loss, and
- Unauthorised access, modification, or disclosure.
4.1 Our Information Record System
An individual’s Personal Information may be stored in hard copy documents, or electronically on Now Careers’ software or systems.
4.2 Information Security
Now Careers takes reasonable steps to protect the Personal Information We hold from loss, interference, loss, unauthorised access, modification, or disclosure. Our security procedures include:
- Locks and security systems,
- Computer passwords and limited access to shared network drives to authorised staff,
- Virus checking,
- Auditing procedures and data integrity checks,
- Recording of file movements, and
- Security classification to identify information needing special protection.
The Internet is not always a secure method of transmitting information. While We seek to protect an individual’s Personal Information by implementing digital security systems in various parts of Our website, Now Careers does not accept responsibility for the security of information an individual sends to Us or receives from Us over the Internet or for any unauthorised access or use of that information.
We may disclose an individual’s Personal Information for any of the purposes for which it is primarily held or for a lawful related purpose.
We may disclose an individual’s 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
- Other companies or intermediaries involved in managing the supply of personnel to Referees for suitability and screening purposes.
5.1 Related Purpose Disclosures
We outsource a number of services to CSPs from time to time. Our CSPs may see some of an individual’s Personal Information.
Typically, Our CSPs would include:
- Software solutions providers,
- IT 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.
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 an individual’s Personal Information and that they will not do anything that would cause Us to breach those obligations.
5.2 Do We Send Your Information Oversees?
Now Careers is a global professional recruitment consultancy aiming to provide individuals with the same services worldwide. Our global network is made up of offices, data centres, trusted service providers and trained recruitment consultants.
Some of an individual’s Personal Information is likely to be disclosed to overseas recipients. Where We transfer an individual’s Personal Information to related entities outside Australia, We believe that the recipients of such information are subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that is similar in all material respects to the APPs outlined in the Privacy Act.
We may transfer the information We collect about an individual to countries other than their home country or other than the country in which the information was originally collected if an individual is registered as a Candidate on Our database.
By submitting Personal Information to Now Careers through any means, using Our services or accessing the Now Careers website, an individual consents to the use of information as set out in this Policy. If an individual does not agree with any term of this Policy, they must not submit any Personal Information to Us or use Now Careers’ services or Our website.
7. Access and Correction
Subject to some exceptions set out in Privacy law, an individual can gain access to their Personal Information that We hold.
Important exceptions include evaluative opinion material obtained confidentially in the course of Us performing reference checks, and access that would impact 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.
7.1 Access Policy
If an individual wishes to obtain access to their Personal Information they should contact the Privacy Officer in writing at the address indicated in section 8. (Complaints and Enquiries). They will need to be in a position to verify their identity.
It may take Us a little time to process an application for access as We may need to retrieve information from storage and review information in order to determine what information may be provided. We will generally respond to a request for access within 30 days.
Where We are legally permitted to do so, We may refuse a request for access. If Now Careers denies a request for access, We will provide the reasons for the refusal.
We may impose a moderate charge to cover the reasonable costs of retrieval and supply of the information to an individual. Our Privacy Officer will discuss this.
If an individual has a complaint about their access to Personal Information, they can refer to section 8. (Complaints and Enquiries) below.
7.2 Correction Policy
Now Careers 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.
We may contact an individual from time to time to check that the information is still correct. An individual shall advise Now Careers when their personal details change.
If an individual finds that Personal Information that We hold about them is inaccurate, out of date, incomplete, irrelevant, or misleading, they can ask Us to correct it by contacting the Privacy Officer in writing at the address indicated in section 8. (Complaints and Enquiries). We will generally respond to a request within 30 days.
If We have disclosed Personal Information about an individual that is inaccurate, out of date, incomplete, irrelevant, or misleading, they 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.
If an individual requests their Personal Information to be updated and there is a dispute about the facts, We will make a note on their Personal Information of such dispute.
8. Complaints and Enquiries
All enquiries and complaints about the handling of Personal Information by Now Careers, including any requests to delete Personal Information from Our systems, should be directed to Now Careers’ Privacy Officer at:
New South Wales
The Privacy Officer
Now Careers Pty Ltd
Level 4/50 Berry Street
North Sydney NSW 2060
The Privacy Officer
Now Careers QLD Pty Ltd
Level 3/South Tower, 527 Gregory Terrace
Fortitude Valley QLD 4006
Now Careers will respond to a complaint within 30 days.
If making the request on behalf of another person, an individual must demonstrate to the Privacy Officer that they have the required authority to act on that person’s behalf.
When We receive a 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 the individual making the complaint or to a person whom they have authorised to receive information about their complaint,
- Upon confirmation We will write to the individual to acknowledge receipt and to confirm that We are handling their complaint in accordance with Our Policy,
- We may ask for clarification of certain aspects of the complaint and for further details,
- We will consider the complaint and may make inquiries of people who can assist Us to establish 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 the individual as possible solutions,
- If We believe that an individual’s complaint may be capable of some other solution, We will suggest that solution to them, 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 the individual takes their complaint to any recognised external dispute resolution scheme to which We belong or to the OAIC.
If We do not respond to a complaint within 30 days or Our response is, in an individual’s opinion, not satisfactory, they can lodge a written complaint with the OAIC regarding Our handling of that individual’s Personal Information. The Privacy Complaint Form is available at www.oaic.gov.au.