Privacy Policy

Introduction

Fulcrum Recruitment Pty Ltd (Fulcrum), takes seriously its commitment to preserve the privacy of the personal information that we collect.

We will only collect information that is reasonably necessary for the proper performance of our activities or functions as a recruitment agency.

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 do not collect or use personal information for the purposes of unlawful discrimination.
We may decline to collect unsolicited personal information from you or about you and Fulcrum may take such measures as we think appropriate to purge it from our systems.

Fulcrum Privacy Policy complies with the 13 Australian Privacy Principles (APP’s) contained in Schedule 1 of the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988. For the latest version of the Acts visit the ComLaw website: www.comlaw.gov.au. The APP’s are available from the Office of the Australian Information Commissioner (OAIC) website: http://www.oaic.gov.au/privacy/privacy-act/australian-privacy-principles.

Information Collection

Fulcrum manages personal information as an Australian Privacy Principles (APP) entity under the Australian Privacy Principles (APP’s) of the Privacy Act.

We will collect personal information from you directly when you fill out and submit one of our registration forms, application forms, or any other information in connection with your application to us for work.

As a contracted service provider to a range of Commonwealth, State and Territory government agencies, it may be necessary for us to collect and manage personal information as an Agency under different privacy arrangements. To find out if this may apply please contact us on the details noted above.

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 or conduct transactions with us that involve us to collect your personal information, 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.

Kinds of Information that we Collect and Hold

The type of information that we collect, and hold is information that is reasonably necessary for the proper performance of our activities or functions as a recruitment agency (go to Purposes) and is likely to differ depending on whether you are:

  • Reliability – a reliable record is one which can be trusted as a full and true representation of the business activities it records.
  • A Candidate – i.e. someone who is looking for a placement or work through us; or whom we have identified as a person who might be receptive to an offer of a placement or work through us;
  • A Client – i.e. someone other than a Candidate who is looking to acquire our services as a recruitment agency or whom we have identified as someone who might be interested in acquiring our services; or
  • A Referee – i.e. a person from whom we have sought facts or opinions regarding the suitability of one of our Candidates for work or positions through us; and who may be a Referee nominated by the Candidate, a Client or us.

Sensitive information is only collected with consent and where it is necessary for the performance of our functions and activities as a recruitment agency. Sensitive information will need to be collected where it relates to a genuine occupational requirement, for the purposes of the right to work in Australia verification or an inherent requirement of the job or work being considered. Our collection of some types of sensitive information is also governed by equal opportunity and anti-discrimination laws.

You may choose not to provide us your personal information or act under a pseudonym. However, to do so will render us unable to provide you our services in seeking and being placed into work.

For Candidates

The type of information that we typically collect and hold about Candidates 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. It includes:

  • Information submitted and obtained from the Candidates and other sources (e.g. Referees or Clients) in connection with applications for work;
  • Information about personality, character, skills, qualifications and experience;
  • Information about career path and preferences;
  • Information about work entitlement and ability to undertake specific types of work;
  • Information about health status and ability to undertake specific types of work;
  • Work performance information;
  • Information about incidents in the workplace;
  • Personnel information including contact details;
  • Information in relation to absences from work due to leave, illness or other causes;
  • Bank details and Tax File Number;
  • Information required to undertake criminal history checks and obtain criminal history records; and
  • Information required to ascertain a Candidates right to work in Australia

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:

  • Client relationship information;
  • Information about position, contacting and hiring authority;
  • Information about team structures and roles;
  • Information about incidents in the workplace;
  • Client facility addresses, ABN, key personnel and contact details; and
  • Credit check and financial information

For Referees

The type of information that we typically collect and hold about Referees is information that is necessary to help make determinations about the suitability of one of our Candidates for particular jobs or particular types of work and may include:

  • Information about work position, authority to give a reference and preferred contact details;
  • Opinions of the Referee regarding the Candidates character and work performance or work environment; and
  • Facts or evidence in support of those opinions, sometimes involving the Referee’s own knowledge and experience of having worked with the Candidate

Purposes

The purposes for which we collect, hold, use and disclose your personal information are those purposes that are reasonably necessary for the proper performance of our functions and activities as a recruitment agency:

  • Candidates – personal information is typically used for recruitment and work placement operations, pre-employment screening, staff management, training, remuneration, workplace health and safety, statistical purposes and statutory compliance requirements
  • Clients – personal information is typically used for client and business relationship management, review of workplace operations and health and safety management, credit checking, statistical purposes and statutory compliance requirements
  • Referees – personal information is typically used to confirm identity and authority to provide references and for candidate suitability assessment

How your personal information is collected

Generally, information will be collected directly from you:

  • Candidate – information is collected through your application, from referees, results of any competency test or similar, and other sources such as registrations or any professional disciplinary matter
  • Client – information is collected when you provide it to us for business purposes
  • Referee – information is collected from the Candidate in the course of their application for work, and from you when providing the reference

We may also collect personal information about you from publicly available sources including newspapers, journals, directories, the Internet and social media sites. This information will be included in our records only if necessary for the performance of our activities or functions as a recruitment agency.

Photos & Images

We may request proof of identification from you including copies of your passport, visa, driver’s license or any other relevant licenses and will only do so for the performance of our activities or functions as a recruitment agency.

Electronic Transactions

We also collect personal information through our websites and social networking services such as LinkedIn, Facebook and Twitter. We use this information to improve our website. Refer to our Electronic Transactions Policy.

How your Personal Information is Held

When your personal information is collected it will be 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.

Our Information Record System

Information you provide to us is stored in our secure cloud-based recruitment database and document storage system, which are restricted and accessible by staff through the use of individual log-in credentials.

Information Security

We will take all reasonable steps to ensure the information you provide us remains secure and confidential and is only used for the performance of our functions or activities as a recruitment agency.

Disclosures

General Disclosures

We may disclose your personal information or 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 duty to disclose information.

Disclosure will usually be internal and to our related entities, to our Clients, and to Referees for suitability and screening purposes.

Related Purpose Disclosures

We outsource a number of services to contracted service suppliers (CSP’s) from time to time. We may disclose some of your personal information to our CSP’s where it is reasonably necessary to do so for the proper performance of our services and functions. Our CSP’s may see some of your personal information. Typically, our CSP’s would include Software solutions providers, IT contractors and/or Background checking and screening agents.

We take reasonable steps to ensure that terms of service with our CSP’s 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.

Access & Correction

Access

Subject to some exceptions that are set out in privacy law, you can gain access to the personal information that we hold about you. You will need to be in a position to verify your identity. There are some exceptions to providing access, such as when opinions have been provided confidentially in the course of our performing reference checks and access would impact on the privacy rights of other people.

We might impose a moderate charge in providing access. Our Privacy Coordinator would discuss this with you. We will generally respond to your request for access within five (5) working days.

Correction

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.

Please advise us if you wish to be removed from our recruitment software system. We will amend your status to ‘inactive’ and will remove information that we have no present need for or obligation to retain.
There is no charge to correct information. We will generally respond to your request for access within five (5) working days.

Other Important Privacy Information

EU Residents

If you are a resident of the European Economic Area, you have the following data protection rights:
If you wish to access, correct, update or request deletion of your personal information, you can do so at any time by contacting the Privacy Officer at 02 8294 8111 or [email protected] In addition, you can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. Again, you can exercise these rights by contacting us using the contact details provided.

You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you. If you are an unregistered user, or to opt-out of other forms of marketing (such as postal marketing or telemarketing), you may contact us using the contact details provided.

Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Notwithstanding the foregoing, we reserve the right to keep any information in our archives that we deem necessary to comply with our legal obligations, resolve disputes and enforce our agreements.

Complaints

You have a right to complain about our handling of your personal information if you believe that we have interfered with your privacy. If you are making a complaint about our handling of your personal information, it should first be made to us in writing. Refer to our Privacy Complaint Handling Policy.

Please contact our Privacy Officer on 02 8294 8111 or [email protected]. You can also make complaints to the Office of the Australian Information Commissioner.

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