Privacy Policy - Australia

1. Introduction

This policy applies to information collected by Warwick University Enterprises (Australia) Pty Ltd trading as Unitemps and any of its franchisees (hereafter referred to as ‘we’/’us’/’our’).

We collect, use and manage personal information in accordance with the Privacy Act 1988 and Australian Privacy Principles.

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

We may decline to collect unsolicited personal information from or about you and take steps to purge it from our systems.

By following the links in this document, you will be able to find out how we manage your personal information as an APP Entity under the Australian Privacy Principles (APPs).

You will also be able to find out about the information flows associated with that information.

If you have any questions please contact us.

1.1. APP Entity

We manage personal information, as an APP Entity, under the Australian Privacy Principles (APPs). 

1.2. Information Flow

When we collect your personal information:

  • we check that it is reasonably necessary for our functions or activities as a recruitment and on-hire agency;
  • we record and hold your information in our Information Record System.  Some information may be disclosed to overseas recipients;
  • we retrieve your information when we need to use or disclose it for our functions and activities. For that purpose, we may need to cross check the information that we collect from you with third parties to verify it is current, complete, accurante and relevant;
  • subject to some exceptions, we permit you to access your 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.

2. Kinds of information that we collect and hold

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 and on hire agency and is likely to differ depending on whether you are:

  • a Candidate;
  • a Client;
  • a Referee.

If you only browse our website, we do not collect information that identifies you personally, though we may collect information related to your visit to our website.  

2.1. For Candidates

The type of information that we may 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 but is not limited to: 

  • Proof of identity
  • Contact details including: name, address, telephone numbers and email address
  • Payroll information including: banking details, superannuation fund, tax file number and date of birth
  • Confirmation of ability to work in Australia including: residency or visa details
  • Work history and references, including opinions of others about your work performance your work experience and qualifications
  • Qualifications and professional associations (where applicable)
  • Drivers licence, car insurance and registration (where applicable)
  • Medical and criminal history (where appropriate)
  • Skills assessments and aptitude test results 
  • Work placement performance feedback

Some laws such as taxation law, immigration law, laws regulating employment agencies, laws relating to national security, laws relating to professional or trade registration and laws for the protection of certain classes of people (such as children or the elderly) may require that we collect certain types of information (including criminal history and evidence of your right to work) from you that is relevant to the position/s for which you may be applying. When requesting information of this type we will tell you whether the supply of that information by you is mandatory.

We do not routinely conduct criminal history checks and only do so in order to obtain relevant criminal history with regard to particular jobs a Candidate is offered or for which a Candidate is shortlisted. 

2.2. For 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: 

  • Contact details including: name, work location, telephone numbers and email address
  • Organisational structure and position descriptions
  • Recruitment requirements

2.3. For Referees

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 particular types of work and includes:

  • Contact details including: name, telephone numbers and email address
  • Answers provided for reference check questions

3. 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 

3.1. For Candidates

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

  • the necessary validation (including from appropriate third party sources) of your resume, curriculum vitae, nominated references, or stated qualifications, experience, training or abilities.  Where we require third party validation, we will tell you how we propose to obtain it;
  • work placement operations, including your actual or possible work placement, any test or assessment (including medical tests and assessments) that you might be required to undergo, performance and other feedback, assessment of your on-going performance and prospects, any workplace rehabilitation. We may also use information to contact you via phone or email in relation to job vacancies;
  • recruitment functions including reference checks, verifying ability to work in Australia and skills assessments;
  • our identification of your training needs, including any suggestions we may make to you, whilst you remain registered with us, for further training in connection with work of the type that you are seeking through us;
  • statistical purposes and statutory compliance requirements;
  • any reference that we may give concerning your work;
  • our management of any complaint, investigation or inquiry in which you are involved, including insurance claims; 
  • our statutory compliance obligations.

If you do not give us the information we seek:

  • We may be limited in our ability to locate suitable work for you
  • We may be limited in our ability to place you in work
  • we might decline to put you forward for particular positions

3.2. For 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 to you;
  • statistical purposes and statutory compliance requirements;

If you do not give us the information we seek:

  • We may be limited in our ability to provide you with services

3.3. For Referees

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

  • to confirm identity and authority to provide references;
  • for Candidate suitability assessment;
  • for recruitment functions;
  • for marketing services to you 

3.4. Our Policy on Direct Marketing

We will obtain an individual's consent for use of non-sensitive personal information for secondary purposes (Direct Marketing) at the time of collection, unless the use is a related secondary purpose which would be within the relevant individual's reasonable expectations.

If we rely on the Direct Marketing exception to direct market to individuals it we will ensure that:

  • Individuals are clearly notified of their right to opt out from further direct marketing
  • If the individual opts out of all direct marketing the opt out will be respected by us and implemented free of charge.

Opting Out

By providing us with your contact details, your consent to receive communication and direct marketing will remain until you advise us otherwise.  However, you can opt out of direct marketing at any time by:

  • Using the unsubscribe facility we include in our electronic messages such as emails
  • Contacting our Privacy Coordinator

4. 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, including referees, previous employers, professional registration authorities, educational institutions, who may be in a position to provide us with information that we may use to assess your suitability to be placed in or continue in positions that you may be offered, and publicly available sources 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. 

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.

4.1. For Candidates

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

Personal information is also collected when:

  • We receive any reference about you
  • We receive the results of any enquiries we may make of your former employers, work colleagues, professional associations, registration body or educational institution
  • We receive the results of any competency or other assessment, or medical examination
  • We receive performance feedback (whether positive or negative)
  • We receive feedback not directly related to performance
  • We receive any complaint either from or about you in the workplace
  • We receive any information about a workplace incident in which you are involved
  • We receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved
  • You provide us with any additional information through conversations and other communications

4.2. For Clients

Personal information about you may be collected:

  • when you provide it to us for business or business related social purposes;
  • when you attend a business event or conference that we have attended or presented at

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. 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 our Privacy Policy. 

4.3. For Referees

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

  • in the course of our checking Candidate references with you and when we are checking information that we obtain from you about Candidates;
  • when Candidates provide your details as a reference for them.

4.4. 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 resume through a third party recruitment advertising agency

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 Office of the Australian Information Commissioner'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. 

Cookies

We use ‘cookies’ for maintaining contact with a user through a website session. A cookie is a small text file which is stored on your computer or other device such as mobile phones or tablet devices by a website. An explanation of cookies can be found at the site of the Office of the Australian Information Commissioner. Cookies allow a website to remember your preferences whilst visiting the site in order to provide you with a more personalised experience. They help to make websites work efficiently and can allow site owners to track how a site is used to provide useful data for making improvements.

The majority of web browsers allow you to control the way you wish to use cookies. If you’d prefer not to allow cookies to be used when browsing our website, you can turn cookies off in your browser’s settings.

Google provide a tool that allows you to opt out from your visits being tracked by Google Analytics.

For further details on our use of Cookies please see our Cookie Policy

5. How your personal information is held

5.1. Our Information Record System

Personal electronic data is held in secured and controlled databases (information record system) with appropriate protection against viruses or other unauthorised access.  The relevant computers and associated equipment are protected in the same manner as the hard copy files.

Hard copy documents containing personal information are held securely within our premises, which negate the possibility of casual access by unauthorised persons.  The premises are protected by appropriate security systems during non-business hours.

5.2. Information Security

The security of your personal information is very important to us and we take a range of measures to ensure this information is protected, including:

  • Firewalls and access logging tools that protect against unauthorised access to your data and our network
  • Secure server and closed network environments
  • Virus scanning tools
  • Management of access privileges, including password protection, to ensure that only those who really need too can see your personal information
  • Policies on the use and security of laptops, mobile phones and portable storage devices
  • Ongoing staff training
  • Disposal of personal information through secure processes

6. 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 potential and actual employers and our Clients;
  • to Referees for suitability and screening purposes;
  • to a person who seeks a reference about you;
  • to our insurers;
  • to a professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
  • to a Workers Compensation body;
  • to our contractors and suppliers – e.g. our I.T. contractors, internet service suppliers and database designers, some of whom may be off shore;
  • to a parent, guardian, holder of an enduring power of attorney (or like authority) or next of kin whom we may contact in any case in which consent is required or notification is to be given and where it is not practicable to obtain it from or give it directly to you;
  • to any person with a lawful entitlement to obtain the information.

6.1. 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;
  • I.T. contractors and database designers and Internet service suppliers;
  • Legal and other professional advisors;
  • 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 your personal information and that they will not do anything that would cause us to breach those obligations.

6.2. Cross-Border Disclosures

Some of your personal information is likely to be disclosed to overseas recipients. We cannot guarantee that any recipient of your personal information will protect it to the standard to which it ought to be protected. The costs and difficulties of enforcement of privacy rights in foreign jurisdictions and the impracticability of attempting to enforce such rights in some jurisdictions will mean that in some instances, we will need to seek your consent to disclosure.

The likely countries, type of information disclosed and recipients are indicated, so far as is practicable, in the following table:

Country

Type of Information

Likely Recipients

The United Kingdom of Great Britain

All personal data held by us

Warwick University Enterprises Ltd and the University of Warwick

7. 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.

For more information about access to your information see our Access Policy.

For more information about applying to correct your information see our Correction Policy.

7.1. Access Policy

If you wish to obtain access to your personal information you should contact our Privacy Co-ordinator including your contact details, which part of your personal information you wish to see and the reasons for requesting the information.  You will need to be in a position to verify your identity. 

A charge of $AUS20 will be applied for giving access to the requested personal information. 

You will receive acknowledgement of your request having been received within 10 business days and a response within 30 business days.

If the information is not available, or cannot be disclosed to you, a written explanation will be provided.

7.2. 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. 

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.

We will acknowledge receipt of your request within 10 business days to correct information and will make corrections as soon as possible within 30 business days

If we are not able to correct the information a written explanation will be provided

Complaints

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

For more information see our Complaints Procedure.

7.3. 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 Co-ordinator, who can be contacted by emailing compliance@unitemps.com  

You can also make complaints to the Office of the Australian Information Commissioner 

Complaints may also be made to RCSA, the industry association of which we are a member.

RCSA administers a Code of Conduct for the professional and ethical conduct of its members. 

The RCSA Code is supported by rules for the resolution of disputes involving members.

NOTE: The Association Code and Dispute Resolution Rules do NOT constitute a recognised external dispute resolution scheme for the purposes of the APPs; but are primarily designed to regulate the good conduct of the Associations members 

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 take your complaint to any recognised external dispute resolution scheme to which we belong or to the Office of the Australian Information Commissioner.