(version date 6 December 2019)
- What information we collect and when we collect it
- Use of Personal Information
- Legal basis for using your Personal Information
- Direct marketing
- Accessing, correcting and updating your Personal Information
- Personal Information we share
- International transfers
- How long do we keep your Personal Information?
- Enforcement and Complaints
- Contact us
What information we collect and when we collect it
Information gathered during registration When you sign up for our Services, or register to use our Platform as a User, we collect and process certain Personal Information and data about you including:
- If you are a Client: if you are an entity, we will collect data in order to provide our Services to you and your users, including your business or company name, ABN or ACN, contact details (including address, phone number and email address) and payment information. If you are an individual representative of the Client (such as a recruiter, hiring manager, approver or referrer) we will collect your contact details (including your full name, address, phone number and email address), details of your role, communications with Members, marketing and communication preferences. If you carry out any training offered by LiveHire we will also collect details relating to that training (such as whether or not training has been completed). We use this data to notify you of Member messages, job vacancy notifications, marketing emails and training opportunities.
- If you are a recruitment agency submitting a person for a job vacancy to a Client: if you are an entity, we will collect data in order to provide our Services to you and your users, including your business or company name, ABN or ACN and contact details (including address, phone number and email address). If you are an individual representative of a recruitment agency we will collect your contact details (including your full name, address, phone number and email address).
- provide information to comply with our AML (anti-money laundering) processes;
- request information, material or a demonstration from us;
- enter one of our promotions;
- subscribe to our mailing list;
- provide your business card;
- attend an event that we host, sponsor or are otherwise involved in;
- provide your Personal Information to companies that we have acquired or partnered with;
- apply to become a referral partner;
- have your details submitted by another person as a referral for a job vacancy; and/or
- join our social media pages.
- your explicit consent; or
- the establishment, exercise or defence by us or third parties of legal claims;
Usage Data We may collect information about which Services you use and how you use them and/or the Platform. This usage data and information includes:
- Log information: When you use our Services or view content provided by us (including through our ‘General Search’ function), we may automatically collect and store certain information in our server logs. This may include:
- details of how you used the Service, such as search queries;
- telephony log information;
- Internet Protocol (IP) address. As an automatic process, our webserver records a log file of IP addresses that access the Platform. We also collect IP addresses and other system information for purposes of statistical analysis and to maintain the security of the Platform. We will not use IP addresses or other system information to identify a User unless we determine, in our sole discretion, that it is necessary to improve our Services or to enforce compliance with our policies or agreements with Users to protect our Service, Platform, Clients and others. Notwithstanding this, we gather only that information that is reasonably necessary for us to operate and improve the Platform and otherwise conduct our business. We use commercially reasonable efforts to ensure our collection of information does not interfere with the operation or security of your system;
- device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL;
- Location information: When you use a location-enabled service or device, we may collect and process information about your location. We may also use various technologies to determine location, such as sensor data from your device and IP addresses. We collect this data in order to pre-fill forms for you, and to allow relevant suggestions of job opportunities.
- Unique application numbers Certain Services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us when you install or uninstall that Service or when that Service periodically contacts our servers, such as for automatic updates.
- Local storage: We may collect and store information, including Personal Information, locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
What we use your Personal Information for
We use the Personal Information we collect from you for a range of purposes, including to:
- enable us to provide, maintain, protect and improve the Services and our products offered to you, to operate our business and develop new services, and to help us protect you and the Platform;
- offer you specific and relevant information such as search results, IOPS, work opportunities, connection opportunities and education recommendations, in connection with the provision of our Services;
- assist you in pursuing potential employment opportunities with, or through, our Clients;
- as required by law and when complying with our legal obligations and assisting governments, law enforcement agencies or regulators;
- support our internal business purposes (including administration, planning and product development);
- issue marketing, promotional and fundraising materials to you;
- contact you to inform you about updates to the Platform and Services and provide information relating to transactions you may conduct on the Platform;
- create offer documentation;
- verify the information you have provided (such as through reference checks and evaluating your suitability for employment opportunities);
- facilitate your set up in third party systems with which we integrate on behalf of Clients (including payroll, superannuation, onboarding, reference and background checks and video interviewing);
- infer information such as gender for diversity and reporting purposes; and
- send alerts about potential job opportunities in our Talent Communities or publicly available online.
Legal basis for using your Personal Information
For EU/UK individuals: If you are an individual who is either based in or a resident of the European Union or the United Kingdom, we will only collect, use and share your Personal Information where we are satisfied that we have an appropriate legal basis to do this. We will make sure that we only use your Personal Information for the purposes set out above and in Appendix 2 where we are satisfied that:
- you have provided your consent to us using the data in that way; or
- our use of your Personal Information is necessary to perform the Services under the Terms and Conditions which you have executed with us or in order to take steps at your request prior to your entering into those Terms and Conditions with us; or
- our use of your Personal Information is necessary to comply with a relevant legal or regulatory obligation that we are subject to; or
- our use of your Personal Information is necessary to support the ‘legitimate interests’ that we have as a business, provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights. In all such cases, we will look after your information at all times in a way that is proportionate and respects your privacy rights and you have a right to object to this processing as explained further in Appendix 2.
If you would like to find out more about the legal basis for which we process Personal Information, please contact us.
We may use your Personal Information to send you direct marketing communications about the Services or our related services. This may be in the form of email, post, SMS, telephone or targeted online advertisements This may also include email communications, including information that we think may be of interest to you, and information on upcoming changes or improvements. In most cases our processing of your Personal Information for marketing purposes is based on our legitimate interests, although in some cases (such as where required by applicable laws or where we use or process any of your Sensitive Personal information or Sensitive Data) it may be based on your explicit consent. You can find out more on how we process your Sensitive Personal Data and Sensitive Information above. You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out links in electronic communications, or contact us. When you receive any permitted electronic marketing communications from us, you may opt out of receiving further marketing communications by following the opt-out instructions provided in the communication. Please specify whether you would like us to stop all forms of marketing or just a particular type (e.g. email). You can also change the way your browser manages cookies, which may be used to deliver online advertising, by following the settings on your browser. See further our Cookies section above and our Cookies Policy. For EU/UK individuals: When and how we carry out profiling and automated decision making We do not conduct any automated decision-making on your Personal Information information. We may use limited profiling or other forms of automated processing for:
- security purposes only to assess if your account may be fraudulent, a spam account or suspect in any way;
- the purposes of marketing, and where this is completed we undertake to do this to pursue our legitimate interests of ensuring our marketing communications are relevant to you, its audience and persons to whom it is targeted.
As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do. Please note, you have certain rights (including a right to object) in respect of automated decision making, where that decision has significant effects on you, including where it produces a legal effect on you. See below for more information about your rights.
Accessing, correcting and updating your Personal Information
To request access to Personal Information we hold about you, please contact us. If that information is incorrect, out of date or incomplete, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When requesting access or changes to your Personal Information, we may ask you to verify your identity before we act on your request. There are some circumstances in which we are not required to give you access to your Personal Information. We may reject requests that are unlawful, frivolous, vexatious, unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing existing practices), that we believe risk the privacy, health or safety of others, or would be otherwise be extremely impractical (for example requests concerning information on our backup systems or unique ID data on Users). Where we provide information access and correction, we will do so for free, except where in our opinion it would require a disproportionate effort or cost for us to do so. We may require you to meet our reasonable costs in providing you with access including for photocopying and postage. Where you correct, update or otherwise provide personal information, you represent to us that the information you provide to us is, having regard to the circumstances, accurate, up to date and complete, having regard to the purposes of the disclosure, and not misleading or deceptive. We will respond to any requests to change your personal information within a reasonable timeframe and will take all reasonable steps to ensure that the personal information we hold about you remains accurate, up-to-date and complete. For EU/UK individuals If you are an individual based in or a resident of the European Union or the United Kingdom, there are additional rights to your personal data available to you. Please see below your detailed rights including rights of access, erasure, rectification and portability of your personal data.
|Right||What this means|
|Access||You can ask us to:
|Rectification||You can ask us to rectify inaccurate Personal Information. We may seek to verify the accuracy of the data before rectifying it.|
|Erasure||You can ask us to erase your Personal Information, but only where:
We are not required to comply with your request to erase your Personal Information if the processing of your Personal Information is necessary:
|Restriction||You can ask us to restrict (i.e. keep but not use) your Personal Information, but only where:
We can continue to use your Personal Information following a request for restriction, where:
|Portability||You can ask us to provide your Personal Information to you in a structured, commonly used, machine-readable format but case only where:
|Objection||You can object to any processing of your Personal Information which has our ‘legitimate interests’ as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. Once you have objected, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.|
|International transfers||You can ask to obtain a copy of, or reference to, the safeguards under which your Personal Information is transferred outside of the European Economic Area. We may redact data transfer agreements or related documents (i.e. obscure certain information contained within these documents) for reasons of commercial sensitivity.|
|Supervisory Authority||You have a right to lodge a complaint with your local supervisory authority about our processing of your Personal Information. For example, in the UK, the supervisory authority for data protection is the ICO. We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.|
If you wish to access any of the above mentioned rights, we may ask you for additional information to confirm your identity and for security purposes, in particular before disclosing Personal Information to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.
Your personal information may be disclosed, transferred to or processed outside of your country of residence including to Australia, New Zealand, the United States, Europe and Asia Pacific. Your personal information is principally maintained within data centres and servers located in Australia. When you connect with Clients for employment opportunities, the information shared with those Clients may be processed in the countries in which they operate which may be outside of Australia. We take measures (including contractual commitments from LiveHire) to ensure that any disclosure of your personal information outside of Australia is completed in compliance with Australian Privacy laws. For EU/UK Individuals: If you are an individual based in or a resident of the European Union or the United Kingdom, your data may be processed outside of the European Union in countries, including in Australia, New Zealand, the United States, Europe and Asia Pacific that are subject to different standards of data protection. We will take appropriate steps ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognised as providing an adequate level of legal protection or where we can be satisfied that alternative arrangements are in place to protect your privacy rights. To this end: although LiveHire is not currently part of a group of companies, we will ensure that in the event that LiveHire becomes part of a group of companies at any time, any transfers of your personal information between members of this group of companies will be covered by an agreement (an intra group agreement) which contractually obliges each member to ensure that personal information it receives is adequate and consistent level of protection wherever it is transferred within the group of companies; where we transfer your personal information outside any future group of companies or to third parties who help provide our Services, we obtain contractual commitments from them to protect your personal information. Some of these assurances are well recognized certification schemes like the EU / US ‘Privacy Shield’ for the protection of personal information transferred from within the EU to the United States and /or the use of EU approached Standard Contractual Clauses (‘EU Model Clauses’) for controller to controller and /or controller to processor transfers from the EU /UK to jurisdictions, such as Australia and/or New Zealand, the United States and countries in the Asia-Pacific region who do not have an adequacy finding from the EU Commission ; and/or where we receive requests for information from law enforcement or regulators, we carefully validate these requests before any personal information are disclosed. You have a right to contact us for more information about the safeguards we have put in place (including a copy of relevant contractual commitments) to ensure the adequate protection of your personal information when this is transferred as mentioned above.
How long do we keep your Personal Information?
We will retain your personal information for as long as is reasonably necessary for the purposes for which we collect this information. In some limited circumstances we may retain your personal information for longer periods of time, for instance where we are required to do so in accordance with legal, regulatory, tax or accounting requirements. In specific circumstances we may also retain your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a prospect of litigation relating to your personal information or dealings. We aim to maintain our Services in a manner that protects information from accidental or malicious destruction. At the request of any Client or Member, all data belonging to the requesting party can be removed from the system. For EU / UK individuals: To determine the appropriate retention periods, we consider the amount, nature and sensitivity of the personal data potential risk of harm from unauthorised use or disclosures the purposes for which we process your personal information and whether we can achieve those purposes through other means and the applicable legal requirements. In some circumstances we may store your personal information for longer periods of time than others, for instance where we are required to do so in accordance with legal, regulatory, tax, accounting requirements. This may be for a seven (7) year period unless the applicable law prescribes otherwise. If you would like more information on how we retain your data, please contact us.
We recognise our responsibility to protect the personal information that you entrust to us. We take security very seriously and work together with you, developers and external security experts to design security into our products from the ground up (including through implementing privacy by design and security by design measures). We store most information about you in computer systems and databases operated by either us or our external cloud Service Providers. Some information about you may be recorded in paper files that we store securely. Our information storage is on secure computers in locked information centres and data is encrypted, wherever possible. However, as the transmission of information across the internet is not completely secure we cannot guarantee the security of your information transmitted to our website and issues can arise. We will also take reasonable steps to destroy or de-identify personal information once we no longer require it for the purposes for which it was collected or for any secondary purpose permitted under the Australian Privacy laws and/or other applicable data privacy laws. We recommend that you create a secure password, do not disclose your password and account details to anyone, and that you change your password each month. As the security of information depends in part on the security of the computer or device you use to communicate with us and the security you use to protect your user IDs and passwords, we encourage you to please take appropriate measures to protect this information. Our Platform is operated using security measures, including SSL (Secure Sockets Layer) encryption, to protect your personal data. SSL is an industry standard encryption protocol, and this ensure that the information is reasonably protected against unauthorised interception. We also implement and maintain processes and security measures to protect personal information which we hold from misuse, interference or loss, and from unauthorised access, modification or disclosure. These processes and measures may include: requiring all employees to comply with internal information security policies and keep information secure; requiring all employees to complete training about information security; and monitoring and regularly reviewing our practices against our own policies and against industry best practice
Enforcement and complaints
If you’ve got any questions or issues with your information, please contact us at: LiveHire Ltd Level 10/461 Bourke Street Melbourne, VIC 3000 Email: [email protected]
Appendix 1 – Categories of Personal information
|Information type||Details of information that we typically capture|
|Contact Details||Name, address, telephone number, email address|
|Employment Information||Resume, employment intentions, Nationality/Right to work|
|Personal Information||Gender, date of birth, profile photo|
|Marketing||Name, email address, interests/marketing list assignments, record of permissions or marketing objections, website data (including online account details, IP address and browser generated information)|
|Contact Details||Business or company name, name, work address, work email, work telephone numbers, job title, profile photo|
|Marketing||Name, email address, interests/marketing list assignments, record of permissions or marketing objections, website data (including online account details, IP address and browser generated information)|
Appendix 2 – Legal Basis for Processing
|Activity||Type of information collected||The basis on which we use the information||Who we may disclose the information to|
|Set up a record on our systems||
|Provide assistance and support||
|Comply with legal and regulatory obligations||
|Applicable to all|
|Transfer books of business||
|Sale or reorganisation of LiveHire||
Account means your profile and account that is held on the Platform. Connection (also Talent Community Connection) means an agreement between a Member and a Client to be connected for potential employment opportunities and related communication. It can arise in several ways, for example through a Member choosing to join a Client’s Talent Community, applying for a job, or accepting a contact request or invitation sent from a Client. Data Controller means a natural or legal person (such as a company) which determines the means and purposes of processing of personal information. LiveHire will be your Data Controller as it determines how it will collect personal information from you, the scope of data which will be collected, and the purposes for which it will be used. Clients means LiveHire’s clients and other organisations who use our Services and/or Platform. Other Third Parties means those categories of third parties in the above section ‘Information we share / disclose t other parties’. Person means any individual, company, partnership, joint venture or other legal entity or entities. Personal Data means any information (including Personal Information) capable of identifying a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their, his or her physical, physiological, mental, economic, cultural or social identity. Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link. Personal Information has the meaning given to it in the Australian Privacy Act 1988 (Cth) as amended. Platform means the Website and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources. Processing means any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, including, but not limited to collection, recording, organisation, storage, access, adaptation, alteration, retrieval, consultation, use, disclosure, dissemination, making available, alignment, combination, blocking, deleting, erasure, or destruction. Services means any products, goods or services that we or any Client or Third Party Service Provider may provide to or for you, whether or not via the Platform. Sensitive Information has the meaning given to it in the Australian Privacy Act 1988 (Cth), as amended. Sensitive Personal Data means any personal information relating to your health, criminal convictions, sex life, sexual orientation, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership. If you are an EU/UK individual Sensitive Personal Data will also include genetic and biometric data if collected for the purposes of uniquely identifying you. Service Providers include a range of third parties to whom we outsource certain functions of our business for our back-office, IT and professional support services (e.g. partners, service providers, contractors and agents such as IT and web support contractors, cloud service providers, finance agencies), and includes Third Party Service Providers. Some of these providers use ‘cloud based’ IT applications or systems, which means that your personal information will be hosted on their servers, but under our control and direction. We require all our service providers to respect the confidentiality and security of personal information. Third Party Service Providers mean our licensors, contractors, partners, suppliers and distributors, and their respective directors, and employees, including marketing partners and analysis auditors. User means a Person whose name is specified during an online registration process to create an Account on the Platform in the name of that Person, whether that Person then uses the Platform as a Client, Member, or on some other basis. Verification means the validation of any part of the personal information contained in a Member’s profile, CV and/or any background checks, completed by a Third Party Service Provider or LiveHire. Website means the website(s) located at www.livehire.com, www.livehire.com.au and/or www.FIFObids.com.au, our Blog and all other related domains and subdomains. Member means a User who registers with the Platform as a “Member” and uses the Platform and/or the Services primarily to search for, contact or otherwise engage with Client or other Users for its own purposes. A Member may include an individual user who is assigned an account on our Platform by their administrator, such as a Client. If you are such an individual, different or additional terms may apply and your administrator may be able to access or disable your account.