EXPRESS PRIVACY POLICY
Your
privacy is important to us…
Express
Employment Professionals AU Pty Ltd, (“Express”) in Australia and New Zealand
and its related bodies corporate and their respective recruitment agency
franchisees are committed to protecting the privacy of your personal
information, including visitors to our websites. This policy outlines how we
collect personal information and how we maintain, use, store and disclose the
personal information we hold.
Express
is bound by the Australian Privacy Principles (“APP”) contained in the
Privacy Act 1988 (Cth) (as amended) in Australia ("Australian Privacy
Act"); by the Information Privacy Principles (“IPP”) contained
in the Privacy Act 2020 in New Zealand ("New Zealand Privacy Act")
and by the General Data Protection Regulation (EU) 2016.679 (“GDPR”) in
both Australia and New Zealand. Unless specified otherwise, a reference to
‘Privacy Act’ in this privacy policy is a reference to the respective Privacy
Act in each of Australia and New Zealand. It is Express’s policy to respect the
confidentiality of information and the privacy of individuals.
Express’s
privacy policy will be reviewed and updated from time to time to ensure new
laws and technology, changes to our operations and practices are reflected in
the policy and it remains up to date in our changing business environment. The
updated version of our privacy policy will take effect immediately upon
publication (or, if applicable, on the date specified in the updated policy).
Please regularly check our privacy policy so that you are aware of these updates
and changes. If the changes are material, we may also take additional steps to
bring the changes to your attention, as required by law, including by notifying
you directly. All information we hold will be governed by the most current
version of the Express privacy policy.
Express’s
privacy policy is based on being open transparent at all times about how we
manage personal information.
What
is personal information?
Personal
information is any information or an opinion (whether true or not) about an identifiable
individual. It includes, for example, the opinions of others about an
individual's work performance (whether true or not), work experience and
qualifications, aptitude test results and other information obtained by us in
connection with an individual's possible work placements.
What
is sensitive information? (Australia Only)
Sensitive
information is a special category of personal information in Australia. It
includes information or an opinion about an individual's: racial or ethnic origin, political opinions,
membership of political association, religious beliefs or affiliations,
philosophical beliefs, membership of a professional or trade association or
membership of a trade union, sexual preferences or practices, biometric
information, criminal record that in all cases is also personal information,
and health information about an individual (including information or an opinion
about the health, including any illness, disability or injury (at any time) of
an individual. The Australian Privacy Act protects the collection, use and
disclosure of sensitive information. Where we require this information we will
ask for your consent, unless otherwise allowed by the Australian Privacy Act.
Who will be collecting your personal
information?
Express will collect
your personal information, for our own use and on behalf of other members of
Express who might require access to your personal information in connection
with your work placements.
The other members of
Express are its related bodies corporate and its and their respective
recruitment agency franchisees. Express will use your personal information,
including any sensitive information, and disclose this to other members of
Express in Australia or New Zealand in connection with your work placements, who
in turn will use, disclose and store it in accordance with the Express privacy
policy.
How will your
information be collected? Personal information will be collected about you when
we receive:
- A
completed online registration (via our candidate portal) or application form or
any other information in connection with your application to us for
registration;
- Any
reference about you;
- Results
of enquires that we might make of your former employees, work colleagues,
professional associations or registration body;
- The
results of any competency or medical test or background check;
- Performance
feedback about you;
- Any
complaint from or about you in the workplace;
- Any
information on a workplace accident in which you are involved;
- Information
about any insurance investigation, litigation, registration or professional
disciplinary matter, criminal matter, inquest or inquiry in which you are
involved;
- Any additional information
about you that you provide us with.
What
types of personal information do we collect?
- The
types of personal information we may collect includes:
- Name;
- Address;
- Email
address;
- Telephone
number;
- Employment
history and employment referrals;
- Age
and date of birth;
- Driver’s
license information;
- Emergency
contact details; and
- Citizenship
and immigration status.
We may
also collect sensitive information for the purposes of providing our services,
including:
- Criminal
history;
- Racial
or ethnic origin;
- Trade
associate and trade union membership; and
- Health
information.
If you
apply for a job or sign up for a service via our website, we may also ask you
for other information such as the types of jobs you are interested in and your
workplace concerns in order to provide you with the best possible service and
internet experience.
What
general information do we collect from visitors to our websites?
We
gather information about all of our website users collectively, such as what
areas users visit more frequently and what services users access the most. We
only use such data anonymously and in the aggregate. This information helps us
determine what is most beneficial for our users, and how we can continually
create a better overall website experience for you.
Express
websites include but are not limited to:
- Expresspros.com.au
- Expresspros.co.nz
- Expressfranchising.com/international
What
will we use your personal information for?
Your
personal information will be used in connection with:
- your
actual and possible work placement;
- career
guidance or management;
- our
assessment of your ongoing performance and prospects;
- any
test or assessment (including medical tests and assessments) that you might be
required to undergo;
- our
identification of your training needs;
- informing
you of possible work opportunities, relevant candidates, or other events such
as training or information sessions by direct mail, email and /or SMS;
- our
management of any complaint, investigation or inquiry in which you are
involved;
- any
insurance claim or proposal that requires disclosure of your personal
information;
- undertaking
criminal or other background reference checks;
- for
research, development, business systems and infrastructure testing, and other
business purposes to assist us in providing our services to you; and
- our
direct marketing to you, in accordance with applicable law.
We only
collect and use sensitive information where it is reasonably necessary to
perform one of the above activities.
If you
do not give us the information we seek:
- we
may be limited in our ability to locate suitable work for you;
- we
may be limited in our ability to place you in work.
Who
do we disclose your personal information to?
We may
disclose your personal information for the purposes for which it is primarily
held or for a related secondary purpose or as otherwise permitted by applicable
law, and in some cases, we may only disclose information with your consent.
People which we may disclose your personal information to, include:
- Potential
and actual employers and clients of Express and trusted third parties;
- Referees;
- Express
employees, franchisees and their employees; Our insurers; pre-employment
screening companies (for the purposes of background and medical checks, where
requested by potential or actual employers);
- Potential
employers in Australian and New Zealand (and any other countries where Express
may provide its services in the future) regarding possible work placements or
to assist us in providing our services to you; A professional association or
registration body that has a proper interest in the disclosure of your personal
information;
- A
workers compensation body;
- Our
contractors and suppliers – e.g. our IT contractors and database engineers; and
- Any
person with a lawful entitlement to obtain the information (including where
required or permitted by the Privacy Act (for either Australia or New Zealand)
and GDPR).
If we
disclose your personal information overseas, we will ensure that any such
transfer of personal information will only be undertaken in compliance with
applicable laws, including the relevant Privacy Acts.
We will
not disclose sensitive information to third parties without your consent. We do
not disclose information about your individual visits to the Express websites.
How
do we manage personal information?
All
Express staff are trained to understand their obligations in relation to the
confidentiality of customer information and the privacy of individuals. Any
breach of your privacy will be taken very seriously and may result in
disciplinary action being taken, dependent upon the circumstances. Express has
an appointed Privacy Officer, as listed in the Enquiries & Complaints
section of this privacy policy, to ensure that our management of personal information
is in accordance with this policy and the relevant Privacy Acts.
How
do we store and protect personal information?
Safeguarding
the privacy of your personal 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
computer 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. We may need to maintain records for a significant period of
time. However, when we consider information is no longer needed, we will remove
any details that will identify you or we will securely destroy the records.
We may
also store and use the personal information we collect with our ultimate
holding company, Express Services, Inc in the United States in which case we
confirm we will ensure they adhere to the same obligations that apply to us in
this Privacy Policy.
How
do we keep personal information accurate and up to date?
Express
takes all reasonable steps to ensure that the personal information it holds and
discloses is accurate, up to date and complete. We understand that information
changes frequently eg. changes of address. We generally update your personal
information over the telephone. Please advise your consultant when your
personal details change.
If you
have created a profile on our candidate portal accessed via one of our
websites, you are able to review and edit your personal information at any time
by logging into your account and reviewing your profile. You can disable your
account by contacting the Privacy Officer.
Enquiries
& Complaints
You can
make enquiries, requests to access or correct your information, or complain
about alleged breaches of the relevant Privacy Acts to our Privacy Officer:
Australia
Privacy Officer Express
Employment Professionals 02 8016 5400 privacy@expresspros.com.au
PO Box Q1359
QUEEN VICTORIA BUILIDING NSW
1230
New Zealand
Privacy Officer Express
Employment Professionals + 61 2 8016 5400
privacy@expresspros.com.au PO Box Q1359 QUEEN VICTORIA BUILIDING
NSW 1230
AUSTRALIA
Complaints
We aim
to acknowledge receipt of all complaints within 10 working days and aim to
resolve all complaints within 30 working days. This may not be possible in all
circumstances depending on the contents of the complaint. In this situation, we
will respond to your complaint in a reasonable time. If you are not satisfied
with our response to your complaint you may contact:
Australia
Office of the Australian
Information Commissioner
GPO Box 5218, Sydney NSW 2002
Telephone: 13000 363 992
New Zealand
You can contact the Office of
the Privacy Commissioner.
Access
Subject
to some exceptions that are set out in both the APPs and the New Zealand
Privacy Act, you can gain access to the personal information that we hold about
you.
To make
a request to access your personal information, you will need to complete an
application form to verify your identity and specify what information you
require. Please contact our Privacy Officer for an application form. We will
respond to your request within a reasonable period after the request is made
and provide access to the information in the manner requested, if it is
reasonable and practicable to do so.
We may impose a
moderate charge in providing access (provided always that you will be entitled
to obtain a copy electronically at no charge). Our Privacy Officer will discuss
this with you. You should also anticipate that it may take time to process your application for access as there may be a need
to retrieve information from storage and review it in order to determine what
information is relevant.
If we
refuse to provide you with access to your personal information, we will notify
you in writing of the reasons for the refusal and the process for escalation
regarding this refusal.
Correction
You may
request that we correct the personal information that we hold about you if you
deem it to be inaccurate, incomplete, out-of-date, irrelevant or misleading. We
will take reasonable steps under the circumstances to correct the information.
If we
refuse to correct your personal information, we will notify you in writing of
the reasons detailing our refusal to correct the information and the process
for escalation regarding this refusal. Should we refuse you may ask us to place
with the information a statement that the information is inaccurate,
incomplete, out-of-date, irrelevant or misleading and we will take such
reasonable steps under the circumstances to associate the statement with your
information. If you wish to exercise your rights of correction you should
contact our Privacy Officer for an application form. We will not charge you for
making the request to correct your information or associating a statement.
Opting
“In” or “Out”
By
clicking “I Agree” or any other button indicating your acceptance of this
privacy policy, you expressly consent to the collection and use of your
personal information in accordance with this privacy policy, although your
consent to this privacy policy does not alter the terms of any specific consent
that you may, or may have, separately provided. If you would like to opt out of
our collection and/or processing, please contact us as provided above and we
will respond in accordance with applicable law.
You may
choose not to provide or have us collect your personal information. This may
prevent us from offering you some or all of our services and may terminate your
access to some or all of the services you access with or through us. We will
let you know if this is the case.
If you have received
information, including marketing, from us that you did not opt in to receive
(or which you elected to opt out of receiving), you should contact us on the
contact details set out in the Enquiries and Complaints section of this privacy
policy.
Cookies
We may use temporary
(session) cookies or permanent cookies when you access our website or other
online platforms and/or services. This allows us to
recognise your browser and track the web pages you have visited. You can switch
off cookies by adjusting the settings on your web browser.
Deletion
of personal information
In the
event that you decide that you no longer want us to hold your personal
information, you may notify us in writing of your desire for us to delete your
personal information on record. We will use our best endeavours and comply with
all legal requirements within a reasonable timeframe to delete or de-identify
your personal information, unless we are permitted or required by law or a
court order to retain such information.
GDPR
If you
are:
- A
resident of the European Union accessing our website or online platforms or
receiving our Services in Australia or New Zealand; or
- accessing
our website or online platforms from within the European Union,
then in
addition to our obligations under the Privacy Act, Express is required to
comply with the GDPR with respect to your personal information.
Any
reference to personal information in this Privacy Policy is also a reference to
Personal Data (as defined under the GDPR).
Express
takes the security and privacy of your personal information seriously and has
prepared this privacy policy and taken measures to collect, process and hold
all personal information in compliance with both the Privacy Act and GDPR
regardless of the user. Therefore, no additional terms for GDPR users are
required.
Last updated: March
15, 2021
AT21AUZ(03/21)