Issue Date: 20th June 2018
Who does this policy apply to and what does it cover?
We, Hunter Labour Hire Pty Ltd (“Hunter Labour Hire”, “we”, “us” or “our”) operate Hunter Labour Hire, which provides recruitment and labour hire services for the Sydney construction industry. We focus on assisting visa holders find casual work in the construction industry and providing the construction industry with skilled labourers to meet their project needs. We also operate websites and social media associated with our services.
This policy describes how we handle the “personal information” collected from applicants including prospective employees, contractors, clients and others.
Employees of Hunter Labour Hire are not covered by this policy as employment records are exempt from the provisions of the Privacy Act 1988 (Cth) (Privacy Act).
Personal information means information or an opinion about an individual (who can reasonably be identified), whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
What is our privacy commitment to you?
We are committed to complying with our obligations under the Privacy Act by protecting the privacy and confidentiality of your personal information and the personal information of all our applicants, employees, clients and others.
When we collect, use, disclose, store, access or correct your personal information, our actions will comply with the Privacy Act and the Australian Privacy Principles.
Where appropriate, we will handle personal information relying on the employee records exemption and the related bodies corporate exemption in the Privacy Act.
What kinds of personal information does Hunter Labour Hire collect and hold?
We collect a wide range of personal information, and in some cases sensitive information, this includes:
- your contact details including your occupation, date of birth and signature;
- if you apply for a job with us, the information in your resume and other information that you or your referees provide to us, including:
- notes of our interactions with you and/or others in relation to your prospective employment;
- an image of your driver’s licence or other identification if you attend our offices for an interview (all candidates have the option to not have their identification copied);
- health information including any medical conditions you may give to us to enable us to provide our facilities or services; and
- details of any positions you have applied for with us.
- if you are engaged as a contractor, further information relevant to your work with us including:
- details of your work including any positions held by you at with any of our clients, or any complaints made by you or against you;
- an image of your white card and any other licences relevant to your position; and
- things you say or do (or said about you) in connection with an incident or potential disciplinary proceedings.
From time to time, we may collect additional information related to surveys, specific services or activities. Wherever practicable, we will advise you of the information being collected and provide you with an opportunity to refuse the collection of information.
How do we collect your personal information?
Your personal information is collected as a result of your dealings with Hunter Labour Hire. Information is collected by recording information that you provide to us, by electronic means, and by the observations of our staff. We collect personal information when you:
- apply for a position with Hunter Labour Hire or request to use our services;
- visit one of the websites or social media sites operated by Hunter Labour Hire; and/or
- are involved in, witness or are connected to an incident at Hunter Labour Hire or one of our client’s construction sites or disciplinary proceedings of Hunter Labour Hire.
In general if you contact us, we may keep a record of that correspondence.
We only collect personal information about you from you unless it is unreasonable or impractical to do so.
For example it may be unreasonable or impractical to collect information from you when the information is provided by our clients, our staff or the Police.
Will I be notified that my personal information is being collected?
When we collect information from you we will take reasonable steps to notify you (or otherwise ensure that you are aware) of the following:
- our identity and contact details;
- the facts and circumstances of the collection;
- details of any laws that require or authorize the collection;
- the purposes of collection;
- the consequences if we do not collect the information;
- that this policy contains information about how you can access or correct your information or make a complaint about Hunter Labour Hire; and
- whether we are likely to disclose the information overseas (and if so to which countries).
One way we notify you of the above is by making you aware of this policy.
Is Hunter Labour Hire required by law to collect personal information?
As a company, we have a legal responsibility to collect certain information about workers we engage under the Work Health and Safety Act 2011.For example, we are required to make, and keep for 5 years, records of any notifiable incidents under section 8 of the Work Health and Safety Act 2011.
For what purposes does Hunter Labour Hire collect, hold, use and disclose your personal information?
We collect, hold, use and disclose personal information to operate Hunter Labour Hire, carry out certain activities and provide services to clients, applicants, prospective employees and other members of the public and to comply with our legal obligations. The purpose of collecting personal information is to:
- consider applications for work and requests for labour hire services;
- identify applicants and verify their age and address;
- assess an applicant’s suitability for available positions including carrying out a Visa Entitlement Verification Online Check to ensure the applicant has the right to work in Australia;
- provide services to applicants, prospective employees and clients;
- carry out accounting and finance requirements and legal and administrative reporting requirements;
- publish and distribute newsletters;
- carry out marketing (including direct marketing);
- conduct disciplinary proceedings;
- resolve a complaint; and
- improve our services and attract more clients and applicants to Hunter Labour Hire.
What happens if you don’t provide your personal information?
If you don’t give Hunter Labour Hire your personal information you may not be able to to be engaged to provide services to a client or, if you are a prospective client, you may not be able to or use Hunter Labour Hire’s services.
You have the option of not identifying yourself or using a pseudonym when dealing with us. However, this will be limited to enquiries of a very general nature and only over the telephone or by email.
How do we use your personal information?
We use your personal information primarily to allow us to carry out the activities and functions listed above. We also use your personal information for secondary purposes related to those activities or when allowed under the Privacy Act.
Hunter Labour Hire may also use the personal information we collect from you for direct marketing of products and services to you including from third party suppliers. Such products and services may include the provision of newsletters, announcements, campaigns or information about services offered by Hunter Labour Hire.
You can refuse any direct marketing by contacting our Privacy Officer.
Does Hunter Labour Hire disclose my personal information to others?
There may be times when we may need to disclose your personal information to third parties including our insurers and our legal or financial advisers. Personal information will only be disclosed to these parties for a purpose permitted by the Privacy Act and/or this policy and your consent will first be obtained where appropriate.
We may need to disclose your personal information to third parties for the purposes of allowing us to carry out the activities listed above. For example, Hunter Labour Hire engages external companies to carry out CRM services, IT storage services and software related services. These external companies only have access to the information necessary to provide services to Hunter Labour Hire. They are required to comply with the Privacy Act and must offer privacy standards comparable to those offered by us.
We will disclose your personal information if we are required or authorized to do so by law enforcement agencies, the Office of the Australian Information Commissioner, the Department of Foreign Affairs and Trade or the Australian Taxation Office.
FREQUENTLY ASKED QUESTIONS
How do we hold and protect your personal information?
Personal information that is held by us is stored electronically and/or by hard copy.
We take reasonable steps to ensure that your personal information is safe and secure from unauthorised use and disclosure whether such information is stored electronically or in hard copy.
Information that is stored electronically on our servers is restricted and password protected and only accessible to relevant employees.
Your personal information is securely destroyed when it is no longer needed or when it is out of date.
What happens if my personal information is involved in a data breach?
Hunter Labour Hire has various security measures in place to protect your personal information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
In the unlikely event that Hunter Labour Hire’s security measures are compromised and your information is the subject of a data breach, Hunter Labour Hire will comply with its obligations for responding to data breaches outlined in the Privacy Act.
Upon becoming aware of a data breach, Hunter Labour Hire will take urgent steps to contain the breach, mitigate any risk of harm and determine who may have been affected.
Hunter Labour Hire will then assess the breach, including any potential for harm, and determine whether the breach is likely to result in serious harm to any person whose data was involved.
If Hunter Labour Hire has reasonable grounds to believe that the breach is likely to result in serious harm to you, Hunter Labour Hire will notify you of the breach as soon as possible. Hunter Labour Hire will also notify the Office of the Australian Information Commissioner.
Following a breach, Hunter Labour Hire will conduct a review of its security measures and implement any additional measures it considers necessary to enhance the security of your information.
Are we likely to disclose personal information overseas?
It is unlikely that we will disclose your personal information overseas. However, if you agree to information being put on our websites then this could be accessed by other countries.
We occasionally use secure cloud servers. This involves the use of servers that may be located in other countries and may constitute a disclosure under the Privacy Act.
Using Hunter Labour Hire’s website
The websites and social media sites operated by us may contain hyperlinks to other websites including those operated by third parties.
The links are provided for reference only. We do not have any control over these external websites. We are not responsible for the content on these sites or the privacy practices adopted by these sites.
What does this policy mean?
By making an application or otherwise dealing with us, you consent to the terms of this policy.
From time to time, your additional consent will be sought for the collection, use or disclosure of information for purposes other than as set out in this policy.
If you do not agree to any part of this policy or do not wish to receive direct marketing information from Hunter Labour Hire, please contact the Privacy Officer listed in this policy.
How do I access, update or correct the personal information held by Hunter Labour Hire about me?
You can request access to the personal information we hold about you by contacting our Privacy Officer.
We will not charge you for making the request. However, we may need to charge you for our time to answer your request. We will advise you in advance if there are to be any charges associated with complying with your request.
We will respond to your request in a reasonable timeframe (usually not more than 30 days). When you request access we may need further information from you to verify your identity.
There are a number of reasons why we may be unable to give you access to your information. If we are not able to provide access to your information we will provide you with written reasons.
If you believe any of the personal information that we hold about you is incorrect you can ask us to correct it.
If asked to correct your personal information we will take reasonable steps to correct the information to ensure that it is accurate, up to date, relevant and not misleading. If we refuse to correct your personal information we will give you written reasons.
How do I make a complaint about privacy at Hunter Labour Hire?
If you believe we have breached the Privacy Act or any of the Australian Privacy Principles or if you want to raise any issues you may have about privacy at Hunter Labour Hire please contact our Privacy Officer.
In making a complaint to Hunter Labour Hire about privacy, please give us enough details to be able to identify your concerns and response appropriately. You must provide us with your name and contact details and a description of your complaint. We will respond to you in a reasonable timeframe (usually not more than 30 days). If you are unhappy with how we handle the complaint you have a right to take the complaint to the Information Commissioner.
How do I contact the Privacy Officer at Hunter Labour Hire
You can contact the Privacy Officer by:
Post: 303/360 Oxford Street, Bondi Junction, NSW 2022