Privacy Policy

General Policies

Adherence to RCSA Code for Professional Conduct

As a member of RCSA Limited we must take reasonable steps to maintain the confidentiality and privacy of information obtained in the course of our professional practice.

We must also take reasonable steps to ascertain the extent to which any information we collect may be confidential.

Privacy Principles

For information subject to Australian law, the National Privacy Principles established by the Privacy Act 1988 (C’th) apply to SmartWorker.

 We will need to collect personal information about you that may range from the sensitive (e.g. relevant medical or criminal history) to the everyday (e.g. address and phone number).

We will only collect the information necessary to the proper performance of our tasks and functions.

We do not collect or use personal information for the purposes of unlawful discrimination.

We do not routinely conduct criminal history checks and only do so to obtain relevant criminal history with regard to particular jobs for which you are eligible.

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

How your information will be collected
Your personal information will be collected directly from you when you fill out 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 or give any reference about you;
• We receive results of inquiries that we might make of your former employers, work colleagues, professional associations or registration body;
• We receive results of any competency or medical test;
• We receive performance feedback (whether positive or negative);
• We receive any complaint from or about you in the workplace;
• We receive any information about a workplace accident 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 about you; electronically through our telecommunications and technology systems – see the section in this policy on electronic transactions.

 Who will collect your personal information
Your personal information will be collected by SmartWorker, Level 2, Edward House, 106 Edward Street Brisbane, QLD 4000 and held at this location for our own use and on behalf of other companies who might require access to your personal information in connection with your work placements.

Some of your personal information may be held on portable devices such as mobile phones, laptop computers or in diaries operated and held by our staff members.

Type of Personal Information Held

• Candidate information submitted and obtained from the candidate and other sources in connection with the applications for work;
• Work performance information;
• Information about incidents in the workplace;
• Staff information;
• Information submitted and obtained in relation to absences from work due to leave, illness, or other causes;
• Information obtained to assist in managing client and business relationships.

Purposes for which we hold personal information

Your personal information will be used in connection with:

• Employment placement operations;
• Recruitment;
• Staff management;
• Training;
• Risk management;
• Client and business relationship management;
• Marketing services to you; but only where this is permitted and whilst you are registered with us;
• Statistical purposes and statutory compliance requirements.

Should you not give us all or part of the information we need

We may be limited in our ability to locate suitable work for you or to place you in work. We might decline to represent you in your search for work or put you forward for particular positions.

Disclosures

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

We may disclose your personal information where we are under a legal duty to do so, including circumstances where we are under a contractual or lawful duty of care to disclose information.

We do not share personal information about you with government agencies, organisations or anyone else unless one of the following applies:

• You have consented;
• You would reasonably expect, or have been told, that information of that kind is usually passed to those individuals, bodies or agencies;
• It is required or authorised by law;
• It will prevent or lessen a serious and imminent threat to somebody’s life or health;
• The disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.

Who your personal information may be disclosed to

• Potential and actual employers and clients of SmartWorker;
• Referees;
• A person who seeks a reference about you;
• Our insurers;
• A professional association or registration body that has a proper interest in the disclosure of your personal and sensitive information;
• A Workers Compensation body;
• Our contractors and suppliers – e.g. Our I.T. contractors, internet service suppliers and database designers, some of whom may be offshore;
• 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 or notification is required and where it is not practicable to obtain it from or give it directly to you;
• Any person with a lawful entitlement to obtain information.

Outsourced Service Suppliers

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:

• I.T. contractors and database designers and Internet service suppliers, some of whom may be offshore;
• 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 your personal information and that they will not do anything that would cause us to breach those obligations.

Direct Marketing

Personal information may be used by SmartWorker for purposes related to employment or recruiting.

Individuals are given the direct option as to whether or not they wish to receive marketing communications.

SmartWorker practises compliance with the requirements of the anti-spam legislation.

Electronic Transactions

We conduct transactions electronically as well as in hard copy and by face to face measures. It is important that you understand that there are risks associated with the use of electronic technologies and the use of the internet and you should take all appropriate steps to protect your personal information. It might help you to look at:

http://www.privacy.gov.au/topics/technology

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

• Ask to be on an e-mail 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 e-mail us through our website;
• Submit a resume by e-mail or through our website.

Browsing
When an individual looks at our website, our internet service provider makes a record of the visit and logs (in server logs) the following information for statistical purposes:

• The individual’s server address;
• The individual’s top level domain name (for example .com, .gov, .au etc.);
• The pages the individual accessed and documents downloaded;
• The previous site the individual visited; and
• The type of browser being used.

We do not identify users or their browsing activities except in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s server logs.

We do not accept responsibility for the privacy policy of any other site to which our site has a hyperlink, and it is advisable to look at the privacy policy of other sites before disclosing personal information.

Cookies
Cookies are uniquely numbered identification numbers like tags which are placed on your browser. By themselves, cookies do not identify you personally, but they may link back to a database record about you. If you register on our site we will then link your cookie back to your personal information details.

The site uses cookies to monitor usage of the website, and to create a personal record of when you visit our website and what pages you view. If you do not wish us to retain any information about your visit to our site you could delete the cookies on your browser and change the settings on your web browser program.

Web Bugs
Web bugs will not be used to collect sensitive information.

Cloud Computing Services
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 or against third parties 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.

In cases where we use cloud computing services we will take reasonable steps to ensure that:

• Disclosure of your personal information to the cloud service provider is consistent with our disclosure obligations under the Privacy Principles. This may include ensuring that we have obtained your consent, or that the disclosure is for purposes within your reasonable expectations;
• Disclosure is consistent with any other legal obligations, such as the restrictions on the disclosure of tax file number information or the disclosure by private employment agencies of work seeker details;
• Our Cloud computing services provider’s terms of service 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.

Social Networks and Web Searches
It has become common practice in some places for employment service providers to conduct background checking via social network media sites frequented by candidates.

We will not conduct background checking via social network media sites other than those that you identify and authorise us to check. However we do conduct internet searches using LinkedIN and search engines and entering your name and relevant identifying details.

Photos and Images

We will not request that you supply photographs, scan photo ID, or capture and retain video image data of you in cases where simply sighting photographs or proof of identity documents would be sufficient in the circumstances.

At times video surveillance which operates near our premises may capture images of you.

Uploading photographs
Please make sure that you do not upload photographs of any individuals who have not given consent to the display of their photograph. Displaying photographs without that person’s consent may breach privacy laws, and you may be responsible for any legal consequences.

E-mails
Our technology systems log e-mails received and sent and may include voting, and read and receipt notifications to enable tracking.

When your e-mail address is received by us because you send us a message, the e-mail address will only be used or disclosed for the purpose for which you have provided it and it will not be added to a mailing list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law.

Call and message logs
Our telephone technology (systems and mobile phones) logs telephone calls and messages sent and received and enables call number display.

When your call number is received by us because you phone us or send us a message, the number will only be used or disclosed for the purpose for which you have provided it and will not be added to a phone list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law.

Teleconferences and Video conferences
Teleconferences and video conferences may be recorded with your consent. In cases where it is proposed that they may be recorded, we will tell you first the purpose for which they are to be used and retained.

Database
We use recruiting software and databases to log and record recruitment operations.

Paperless Office
Recognising the environmental advantages and efficiencies it provides, we operate a partially paperless office as a result of which your paper based communications with us may be digitised and retained in digital format, the paper based communications may be culled.

It is therefore important that, except where specifically requested, you do not send us originals of any paper based document and that you retain copies for your own records.

Where we do request original paper based documents we will return them to you once they are no longer required by us for the purpose for which they may be used or disclosed.

Personal Information Security

We take reasonable steps to destroy or permanently de-identify information when it is no longer required for any purpose for which it may have been used or disclosed. However it is not always practicable to destroy or de-identify electronic data. Where it is not reasonable to destroy or permanently de-identify personal information in electronic form, we will take reasonable steps to prevent inadvertent access to it.

Personal Information Quality

We rely on you to tell us when there are changes to your personal information that we hold about you. This could be e.g. a change of address or employment status.

Subject to some exceptions which are set out in privacy legislation, you have a right to see and have a copy of personal information about you that we hold.

If you are able to establish that personal information that we hold about you is misleading, irrelevant, not accurate, complete or up-to-date, we will take reasonable steps to correct it.

If you wish to exercise your rights of access and correction, you should contact our privacy coordinator, whose details are shown below.

Contact us
Contact us about your personal information at:

privacyofficer@smartworker.com.au
+61 (0)7 3003 4444
Level 2, 106 Edward Street, Brisbane, Queensland

Future Changes

This policy may change over time in light of changes to privacy laws, technology and business practice. If you use our website regularly it is important that you check this policy regularly to ensure that you are aware of the extent of any consent, authorisation or permission you might give.