ESE respect your personal information and your privacy is important to us. We will make every effort to protect the privacy of all personal information provided to us. We will only use the information for the purposes set out in this policy or unless we reasonably believe that by law we are required to disclose information about an individual. As a minimum, ESE will abide by the National Privacy Principles under the Privacy Amendment (Private Sector) Act 2000.
ESE is bound by the National Privacy Principles (Schedule 3 of the Act) a full detailed copy of which can be obtained from http://www.privacy.gov.au/publications/npps01.pdf. This Privacy Code applies to the collection, use, security and disclosure of personal information in the practice of recruitment. The practice of recruitment involves the placement of candidates in positions of employment with clients, and the management of these relationships.
The objective of this policy is to outline ESE’s commitment to ensuring the adherence to the National Privacy Principles established by the Privacy Act 1988.
National Privacy Principles
The ten National Privacy Principles are listed below:
Collection of personal information must be fair, lawful and not intrusive. A person must be told the organisation’s name, the purpose of collection, that the person can get access to their personal information and what happens if the person does not give the information.
Use and Disclosure
An organisation should only use or disclose information for the purpose it was collected unless the person has consented, or the secondary purpose is related to the primary purpose and a person would reasonably expect such use or disclosure, or the use is for direct marketing in specific circumstances, or in circumstances related to public interest such as law enforcement and public or individual health and safety.
An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up to date.
An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access modification or disclosure.
An organisation must have a policy document outlining its information handling practices and make this available to anyone who asks.
Access and Correction
Generally speaking, an organisation must give an individual access to personal information it holds about that individual on request.
Generally speaking, an organisation must not adopt, use or disclose an identifier that has been assigned by a Commonwealth government agency such as a Tax File Number, Medicare Number or Drivers Licence Number.
Organisations must give people the option to interact anonymously whenever it is lawful and practicable to do so.
Trans-border Data Flows
An organisation can only transfer personal information to a recipient in a foreign country in circumstances where the information will have appropriate protection.
An organisation must not collect sensitive information unless the individual has consented; it is required by law – or in other special circumstances, for example, relating to health services provision and individual or public health safety.
Privacy Manager at ESE Consulting
MEANS BY WHICH INFORMATION IS COLLECTED
ESE obtains most of the personal information about candidates directly from the candidates themselves. Normally, when a candidate makes an application for employment, they will provide ESE with a resume of their experiences and skills. In some situations, we may also request the candidate perform a skills / behavioural analysis to assist in determining their suitability to positions. We may also seek personal information from the referees provided by the candidate.
ESE endeavours to always advise individuals of the purposes for which their personal information is collected, and the third parties to whom the information is usually disclosed.
If we collect sensitive information, ESE will always treat it with the utmost confidentiality and security. We will ensure that it is not collected for any purposes, other than those for which we have obtained the individual's consent, unless the law requires otherwise, or other exceptional circumstances prevail as described under the Act.
Where an individual chooses not to provide requested information, we will advise that individual of what impact this non-disclosure may have. For example, withholding certain information may affect the individual's success in gaining employment.
TYPE OF INFORMATION HELD
Personal information collected and held by ESE may include information regarding your contact details, work experience, qualifications, any test or assessment (including medical and aptitude tests) that you may be required to undergo, opinions about your work performance (including references), incidents at the workplace, and other information obtained or received by us in connection with your possible and actual work placements. Personal information collected usually falls into the following categories:
- The personal information of candidates collected in the course of the recruitment process including information collected and recorded from the practice of reference checking.
- Information obtained to assist in managing client and business relationships.
- All personal information that is usually required to be transferred between an employee and employer in the context of an employment relationship, including but not limited to tax file number, banking details, superannuation fund details and information that might be relevant to a workers compensation claim.
- Our management and resolution of any complaint, inquiry or investigation in which an ESE client or employee is involved in.
ESE only seeks to collect sensitive information when it is necessary for a client assignment. In such cases, we would only do so with the consent of a candidate, or if required by law if necessary in connection with a legal or equitable claim.
PURPOSES FOR WHICH WE HOLD PERSONAL INFORMATION
- Permanent Recruitment Services
- Temporary Recruitment Services
- Human Resource Services
- Client and business relationship management
- Workcover claims management
OBTAINING YOUR CONSENT AND THE DISCLOSURE OF INFORMATION
ESE will seek your consent to disclose personal information to third parties in writing, orally, over the phone or through our website. When candidates state they wish to be considered for positions generally or within certain parameters, we will consider this as implied permission.
To facilitate our efficient use of your information, and to provide you with the best recruitment services, it may sometimes be necessary for ESE to disclose your information to third parties. However, this disclosure will only occur in the following circumstances:
Where required by Law
In certain circumstances we may be required by law to disclose your personal information, for example, where disclosure is ordered by a Court, or subpoenaed in relation to third party litigation. We also reserve the right to choose to disclose your information to law enforcement agencies in circumstances described in the National Privacy Principles and other applicable laws and regulations, including for the purpose of investigating alleged contraventions of the law.
With your Consent
Other than as outlined above, we will endeavour to provide you with notice (which may occur via your nominated e-mail) when we wish to provide personal information about you to third parties, and provide you with the opportunity to choose not to share that information.
UNAUTHORISED ACCESS OF DISCLOSURE
ESE is committed to protecting the privacy of individuals, therefore we will view unauthorised disclosure of, or access to, personal information by our employees as a serious breach of this policy. Appropriate action (which may include disciplinary or legal action) will be taken in such cases.
ESE aims to protect the personal information that it collects. Personal information will be managed confidentially and securely and destroyed appropriately when no longer required. We will monitor and implement appropriate technical advances or management processes, to safeguard personal information.
ESE will take all reasonable steps to ensure that the data we collect, use or disclose is accurate, complete and up to date, and has been obtained directly from individuals or other reputable sources.
ESE may save any email that you send under the following circumstances:
- If we believe it has a legal requirement to do so.
- Where an individual has sent resumes (or associated personal information) to us for the primary purpose of seeking our assistance in gaining employment and or advice.
- Where the content of the email is suspected to threaten security or is in breach of our policies and/or standards.
TO OBTAIN ACCESS AND MAKE CHANGES TO PERSONAL INFORMATION
If the granting of access results in the identification of information that is not accurate, complete or up-to-date, generally, we will make corrections to the information.
We will respond to the request as quickly as possible, but not more than 7 days after the request has been made.
The Privacy Amendment [Private Sector] Act 2000 provides that a company may require the applicant to meet the reasonable costs of providing this access. Our company’s charge for this service is $50.00. This fee covers our costs to locate, access and copy your information.
ESE has trained our Consultants and modified our systems and procedures with quality controls to ensure we handle personal information with confidentiality and care.
If a candidate has a complaint about how ESE is handling their personal information they should direct that complaint to our Privacy Manager. We will respond to the complaint as quickly as possible but not more than 14 days after the complaint has been made.
If they are not satisfied with the response or outcome of that enquiry, they should raise the complaint and our response to it with the Office of the Federal Privacy Commissioner. The Office is located at Level 8, Piccadilly Tower, 133 Castlereagh Street, Sydney, NSW, 2000 (Telephone Number 1300 363 992).