Privacy Policy

1. Introduction

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

You can request a copy of our full policy, or just read the parts that interest you by following the links in this document. Some links will take you to external sites. We only collect information that is reasonably necessary for the proper performance of our activities or functions.

We do not collect personal information just because we think it could be useful at some future stage if we have no present need for it.

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

We manage personal information according to our usual information flow. There may sometimes be departures from our usual information flow.

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.

1.1. APP Entity

First People Recruitment Solutions manages personal information, as an APP Entity, under the Australian Privacy Principles (APPs).

Because we may sometimes work as a contracted service provider to a range of Commonwealth, State and Territory government agencies, it might become necessary for us to collect and manage personal information as an Agency under different privacy arrangements.

If you wish to know whether this applies to you, please contact us .

1.2. Information Flow

When we collect your personal information:

we check that it is reasonably necessary for our functions or activities as a employment agency .
we check that it is current, complete and accurate. This will sometimes mean that we have to cross check the information that we collect from you with third parties;
we record and hold your information in our Information Record System.
we retrieve your information when we need to use or disclose it for our functions and activities . At that time, we check that it is current, complete, accurate and relevant. This will sometimes mean that we have to cross-check the information that we collect from you with third parties once again - especially if some time has passed since we last checked.
subject to some exceptions and conditions, we permit you to access your personal information in accordance with APP:12 .
we correct or attach associated statements to your personal information in accordance with APP:13.
we destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed provided that it is lawful for us to do so. We do not destroy or de-identify information that is contained in a Commonwealth Record.

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 Agency and is likely to differ depending on whether you are:

a Workseeker;
a Client;
a Referee.

2.1. Workseekers

The type of information that we typically collect and hold about Workseekers 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:

You complete one of our application forms or provide any information in connection with your application or otherwise
We receive any reference about you
We receive results of inquiries that we might make of your former employers, work colleagues, professional associations or registration body
information submitted and obtained in relation to absences from work due to leave, illness or other causes
information that confirms you have the right to work within Australia. This information might include details, copies (including images and photos) or presentation of the originals of a visa, passport, birth or citizenship certificate, or other relevant documents
We receive the results of any competency or medical test or any background checks, including but not limited to work rights, credit or criminal record checks
We receive any complaint or other information from or about you in the workplace or otherwise
We receive any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you were involved
information obtained to assist in managing client and business relationships
We collect information about you from public domain sources
any additional information you provide either during an interview or through subsequent contact
information about your COVID-19 vaccination status. This is sensitive information under the Privacy Act and as such, we take all reasonable steps to ensure that this information is protected from misuse, interference, loss, unauthorised access, modification or disclosure, and to ensure this information is stored securely. We will only collect information about your COVID-19 vaccination status with your consent. We will only provide it to our clients when directly requested to do so by them to facilitate their recruitment process.

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:

roles, reporting lines, inter-personal communication, and cultural fit requirements within your organisation;
business, social, or personal interests about which we may be able to provide news and information;
celebration milestones and dates, preferred social media contact channels, etc that you choose to share with us.
information about incidents in the workplace work, Health and Safety information

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 Workseekers for particular jobs or particular types of work and includes:

your name;
your relationship with and knowledge and opinions of our Candidate as relevant to the reference we are seeking;
other background and contextual information as relevant to the reference we are seeking.
your contact details for follow-up (if necessary);
confirmation of your identity and authority to provide a reference (if necessary).

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 Workseeker;
a Client;
a Referee.

The following sections are also relevant to our use and disclosure of your personal information:

Our Policy on Direct Marketing

3.1. For Workseekers

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

work placement operations;
recruitment functions;
statistical purposes and statutory compliance requirements;
Any test or assessment (including medical tests and assessments) that you might be required to undergo
Informing you of possible work opportunities, relevant candidates, or other events such as training or information sessions or our direct marketing to you by mail/email/SMS by First People Recruitment Solutions and its related companies
Any workplace rehabilitation
Our management and resolution of any complaint, inquiry or investigation in which you are involved
Any insurance claim or proposal that requires disclosure of your personal or sensitive information
Undertaking checks to verify your work rights status, criminal history and any other background checks
For research, development, business systems and infrastructure testing, and other business purposes to assist us in providing our services to you
Marketing technology platforms and suppliers who assist us with the provision of marketing communications to you, and customer feedback survey providers
Third-party outsourced IT, including cloud-based storage providers, and document storage providers where we have an appropriate processing agreement (or similar protections) in place providing us with specialised and efficient database management, development and storage
Third party contractors/service providers, job boards, job platforms, job aggregators, software providers and cloud-based databases for the purposes of assisting us to provide you with our services, and/or to improve the services we offer you.

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;
risk management

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 Workseeker suitability assessment;
for recruitment functions;

3.4. Our Policy on Direct Marketing

Personal information may be used for marketing purposes:

personal information might be used for marketing purposes directly or by a third party
customer lists are obtained from third parties or shared with third parties for marketing purposes
personal information might flow between the organisation and third parties
we give individuals the direct option as to whether or not they wish to receive marketing communications, and
We aim to observe the requirements of anti-spam legislation and would provide an effective means for unsubscribing from any marketing that would be considered to be spam.

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 Workseeker;
a Client;
a Referee.

We sometimes collect information from third parties 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 Workseekers

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 competency or medical test;
we receive performance feedback (whether positive or negative);
we receive a complaint from you 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 additional information about you.

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.

4.2. For Clients

Personal information about you may be collected:

When you provide it to us for business or business related social purposes;

4.3. For Referees

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

In the course of our checking Workseeker references with you and when we are checking information that we obtain from you about Workseekers;

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;
use web-based application and placement management apps to submit identification documents, receive job offers, undertake inductions, or upload time sheets etc.

Some apps might invite you to use your social media log-in details (e.g.; Facebook or Google log-in user names and passwords).

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 OAIC's resource on Social Media & Online Privacy.

You can contact us by land line telephone or post if you have concerns about making contact via the Internet.

We may collect certain information when you visit our websites, mobile sites, applications and social media pages (Sites). For example, our servers receive and record information about your computer, device and browser, including potentially your IP address, browser type, and other software or hardware information.

If you subscribe to a Site, fill in an online registration form or send us an email via the email link on a Site, we may collect your name, contact details and other personal information to enable us to provide information per your preferences.

If you use a mobile or another device to access Sites, we may collect a unique device identifier assigned to that device, location data, or other transactional information from that device.

Any cookies we use are to remember your Site preferences. They may be used to collect and store information such as pages you have visited, content you have viewed, search queries you have run and viewed advertisements on the Site and other websites you have visited.

You can always disable the use of cookies by changing the security settings of your browser. Just bear in mind that this may affect your access to certain features, content or personalisation available through the Sites.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of, or any content on, those linked websites and have no control over or rights in those linked websites. The privacy policies and settings that apply to those other websites may differ substantially from our privacy policy, so we encourage individuals to read them before using those websites.

5. How your personal information is held

Personal information is held in our Information Record System until it is no longer needed for any purpose for which it may be used or disclosed at which time it will be de-identified or destroyed provided that it is lawful for us to do so.

We take a range of measures to protect your personal information from:

misuse, interference and loss; and
unauthorised access, modification or disclosure.

5.1. Our Information Record System

Personal information will be held in the following ways:

Fasttrack 360 software is used as our end to end recruitment management system to store Workseeker and client information and history which is stored in the cloud;
Dropbox software is used for Cloud storage for Workseekers, Clients and Referees data.

5.2. Information Security

Safeguarding the privacy of your information is important to us, whether you interact with us personally, by phone, mail, over the internet or other electronic medium. We hold personal information in a combination of secure cloud based storage facilities and paper-based files and other records and take such steps as are reasonable in the circumstances to protect the personal information we hold from misuse, interference and loss, unauthorised access, modification or disclosure.

5.3. Data Breach Notifications & Response

In the event of a data breach, we would respond by measures appropriate to the nature and seriousness of the breach and the size and resources of our organisation taken in accordance with the four steps set out in the OAIC’s data breach notification guidance and advice.

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 our Clients
to Referees for suitability and screening purposes.
to our contracted service providers, insurers, professional advisors and others with a proper interest in receiving your personal information for a lawful related purpose.

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;
T. contractors, database designers and Internet service suppliers;
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.

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. You will need to be in a position to verify your identity.

Consistently with guidance and advice provided by the OAIC, we may impose a charge (provided it is not excessive) for retrieving and providing access to your personal information.

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.

8. 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.

8.1. 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, whose contact details are bryan@fprs.com.au.

You can also make complaints to the Office of the Australian Information Commissioner through the Commission’s website and the means set out there.

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 RCSA Code and grievance intervention rules do NOT constitute a recognised external dispute resolution scheme for the purposes of the APPs; but are primarily designed to ensure the good professional conduct of the Association’s 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.