Purpose: This policy sets out how Employment Innovations and EI Legal complies with our obligations under the Privacy Act 1988 (“the Act”). EI provides outsourced human resource management and labour hire services, payroll services, migration services, workplace relations solutions and subscription services to clients. EI Legal provides legal services to clients.
The Act regulates how organisations may collect, use, disclose and store personal information and how individuals may access and correct personal information held about them. We may, from time to time, review and update this policy to take into account new laws and technology.
Exception in Relation to Employee Records: Under the Act, the National Privacy Principles do not apply to an employee record. As a result this policy does not apply to our handling of an employee record where the record relates to a current or former employment relationship between EI and an employee.
Collection: It is our usual practice to collect personal information directly from the individual. Sometimes we collect personal information from a third party or a publicly available source, but only if the individual has consented to such collection or would reasonably expect us to collect their personal information in this way, or if it is necessary for a specific purpose such as the investigation of a privacy complaint.
In limited circumstances we may receive personal information about third parties from individuals who contact us and supply us with the personal information of others in the documents they provide to us. In these circumstances we will attempt to ensure that the consent of those third parties is obtained if we think we may need to use or disclose that information.
We only collect personal information for purposes which are directly related to our business, and only when it is necessary for or directly related to such purpose. Personal information is collected so that we may:
- Administer our client relationships;
- So that EI may provide services to host employers with whom individuals may be referred or placed;
- Provide clients with the services and products they request; and
- Comply with our legal obligations.
Use and Disclosure: We only use personal information for the purposes for which it was given to us, or for purposes which are directly related to our business, and we do not give it to other organisations or anyone else unless one of the following applies:
- The individual has consented;
- The individual would reasonably expect, or has been told, that information of that kind is usually passed to those individuals, bodies or agencies. For EI these may include insurance companies, host employers, training organisations, government agencies and medical practitioners;
- It is required by law;
- It will prevent or lessen a serious and imminent threat to somebody’s life or health; or
- It is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty.
Job Applicants: In relation to personal information of job applicants, our primary purpose of collection is to assess and (if successful) engage the applicant. Such information may also be retained for future employment opportunities with our organisation. Your personal information can be collected at any stage of our recruitment process. Your details will be stored in our database of candidates where they may be accessed in the future if your qualifications, skills or experience match a potential vacancy.
- Server address;
- Domain name;
- Date and time of visit;
- Previous websites visited;
- Browser type and operating system; and
- Location data.
Data Quality: We take steps to ensure that the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals that their personal information has changed, and at other times as necessary.
Data Security: We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. These steps include password protection for electronic files, securing paper files in locked cabinets and physical access restrictions.When no longer required, personal information is destroyed in a secure manner or deleted.
Openness: We will document how we manage personal information and when asked by an individual, will explain the information we hold, for what purpose and how we collect, hold, use and disclose the information.
Access and Correction: If an individual requests access to the personal information we hold about them, or requests that we change that personal information, we will allow access or make the changes unless we consider that there is a sound reason under the Act or other relevant law to withhold the information. Such a reason may be that it would unreasonably interfere with the privacy of another.
As an applicant, at any time you can access your account to update your personal information and your resume, to ensure that the information we hold is complete, accurate and up-to-date.
Unique Identifiers: Commonwealth Government identifiers such as tax file numbers will only be used for the purposes for which they were issued. We will not assign unique identifiers except where it is necessary to carry out our functions efficiently.
Anonymity: Wherever lawful and practical, individuals will have the option of not identifying themselves when entering into transactions with us. However most transactions we enter into require us to collect personal details.
Trans-Border Data Flows: An individual’s privacy protections apply to the transfer of personal information out of Australia.
Sensitive Information: We will seek the consent of the individual when collecting sensitive information about them such as health information or information regarding a criminal record.
Review: If we do not agree to provide access to personal information the individual may seek a review of our decision. If we do not agree to make requested changes to personal information the individual may make a statement about the requested changes and we will attach this to the record.Individuals can obtain further information about how to request access or changes to the information we hold about them by contacting us (see details below).