PRIVACY POLICY

JP Smith Privacy Policy

1.0. Introduction

We manage personal information in accordance with the Privacy Act 1988 and Australian Privacy Principles. This condensed policy applies to information collected by JP Smith Recruitment & HR. You can read parts of our full policy and obtain more information by following the links.

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.

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.

If you have any questions please contact us.

1.1. APP Entity

JP Smith Recruitment & HR manages personal information, as an APP Entity, under the Australian Privacy Principles (APPs).

Because we have some contracts as a service provider to a range of Commonwealth, State and Territory government agencies, it sometimes becomes 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 Recruitment and HR Company;
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. Some information may be disclosed to overseas recipients.
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, we permit you to access your personal information in accordance with APP:12 of the (APPs).
We correct or attach associated statements to your personal information in accordance with APP:13 of the (APPs).
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.
JP Smith utilises JobAdder as our recruitment database and your information may be stored within their servers. Their privacy policy can be seen here. https://jobadder.com/au/privacy
JP Smith abides by the GDPR policy. Please click here for more information.
JP Smith does not keep your financial details on record.

2.0. 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 and HR Company and is likely to differ depending on whether you are:

A Workseeker;
A Client;
A Referee.

2.1. For 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:

Resumes - Including contact information, prior employer details, educational details and referees;
Registration forms – Including complete contact details e.g. full name, address, email, phone number/s;
Personal Information - Collected and documented during interviews and screening processes using manual and/or automated note-taking software, this can include information on past work, personal views/ beliefs, and individual information;
Psychological testing information;
Skills testing results;
Reference checks information.

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:

Client Details - Including Company address/s (residential and postal), phone numbers, email addresses, website links and social media pages;
Employee Details – Including position/ influence within the company, email address, and work phone number;
Meeting notes from manual and/or automated note-taking software;
Any documentation/ correspondence passed between JP Smith and the client, and vice versa.

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:

Referee Details – Including the best contact number or email, position, current employer and relationship to our workseeker.

3.0. 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;
Overseas Disclosures.

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;
Payroll functions.

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.

3.3. For Referees

Personal information that we collect, hold, use and disclose about Referees is typically used for:

To confirm identity and authority to provide references;
Workseeker suitability assessment;
Recruitment functions;
Suitability for culture and fit to all parties.

3.4. Our Policy on Direct Marketing

JP Smith will never give your information out to third-party marketing firms:

We use a third party e-mail marketing platform to send you information, updates and newsletters.
JP Smith complies with the requirements of the anti-spam legislation and any electronic marketing will have the option for you to "opt out".

4.0. 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.

See also the section on Photos & Images.

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:

When you complete skills testing;
When you complete Psychometric testing.

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. Photos & Images

We will not request that you supply photographs, scan photo ID, or capture and retain video image data of you in cases where simply sighting photographs or proof of identity documents would be sufficient in the circumstances.

In workseeker cases, we may, on occasion, request your photograph to append to your individual record in our database for ease of identification purposes. This is voluntary and may be refused or withdrawn at any time.

4.5. 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;
Skills Testing;
Psychometric Testing.

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 Internet Communications and other Technologies.

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

JP Smith Recruitment & HR also collects information via direct and third party means and we take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to the entity’s functions or activities that:

(a) Will ensure that the entity complies with the Australian Privacy Principles; and

(b) Will enable the entity to deal with inquiries or complaints from individuals about the entity’s compliance with the Australian Privacy Principles.

This can include:

Social Networks and Web Searches;
Resume harvesting and job matching software;
Browsing;
Cookies;
Web Bugs;
Cloud Computing Services;
Uploading photographs;
Emails;
Call and message logs;
Teleconferences and Video conferences;
Database;
Mobile Access;
Paperless Office;
Third party database recruitment software and registration portals.

5.0. 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 measuresto protect your personal information from:

Misuse, interference and loss; and
Unauthorised access, modification or disclosure.

5.1. Our Information Record System

The Information Record System used by JP Smith Recruitment & HR is JobAdder and Microsoft 365 Sharepoint. JobAdder is a cloud based recruitment management platform that is accessed online by our Recruitment Consultants and Administrative staff. In order to access the site a username and password is required.

Client and Workseeker information is also held within JP Smith’s 365 SharePoint. This is a cloud based system and can be accessed through the JP Smith desktops and online, with a username and password.

Within JobAdder every Workseeker and Client have individual profiles and any information kept on them is stored within these. This can include correspondence, resumes, contact information, personal information, and testing results.
Company folders are also maintained within JP Smith SharePoint and contain specific role information. This can include advertisement text, initial job briefs and descriptions, candidate resumes and consultant summaries, reference checks, and follow up information on the successful candidate.
Workseeker information may also be stored within company or client profiles if their information has been forwarded onto such employers, in both JobAdder and SharePoint.
Temporary workseeker information such as timesheets is also kept and maintained within SharePoint.

5.2. Information Security

JP Smith Recruitment & HR takes cautious measures to ensure that client and workseeker information is kept secure. There are staff policies kept in place to protect private information including:

"Clean desk" procedures – Any client or workseeker information is to be stored away and non-visible on JP Smith Employee desks. Workseeker registration forms are stored in locked filing cabinets within an appropriate amount of time;
Double password protection is used on JP Smith computers. All desktops require a password and all online database systems need to be logged in using a username and password;
Timely culling of registration forms, reference checks, psychological testing, job forms and follow ups is practiced.
Culling procedures including shredding and secure disposal of any personal or valuable information.
Passwords and passcodes ares used for laptops and mobile phones that are removed from the JP Smith office.

6.0. 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 enable data processing.

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;
I.T. contractors and 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;
Automated note-taking software;
Psychological Testing Report Writer.

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.

6.2. Cross-Border Disclosures

Some of your personal information is likely to be disclosed to overseas recipients. We cannot guarantee that any recipient of your personal information will protect it to the standard to which it ought to be protected. The costs and difficulties of enforcement of privacy rights in foreign jurisdictions and the impracticability of attempting to enforce such rights in some jurisdictions will mean that in some instances, we will need to seek your consent to disclosure.

The likely countries, type of information disclosed and recipients are indicated, so far as is practicable, in the following table:

Table

Country	Type of Information	Likely Recipients
New Zealand	Workseeker resumes, skills testing and psychometric testing.	JP Smith Recruitment & HR Clients.

7.0. 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.

You will need to provide photographic proof of identity;
Your request will need to be in writing, in letter format;
JP Smith Recruitment & HR will complete your request within 8 working days.

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.

This will be done in 10 working days.

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.

7.3. 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 Jamie Smith 14 Bowen St, Toowoomba, QLD 4350. This correspondence should include proof of your identity that has been witnessed by a Justice of the Peace, CDec or the like.

You can also make complaints to the Office of the Australian Information Commissioner.

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 Association Code and Dispute Resolution Rules do NOT constitute a recognised external dispute resolution scheme for the purposes of the APPs; but are primarily designed to regulate the good conduct of the Associations 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.

JP Smith Recruitment & HR’s philosophy is that your personal information is open and available to you should you request it. If the correct procedures have been followed we will not deny access to your information and will attempt to provide it to you in a timely and professional manner.