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Personal information: The types of personal information or personal data we may collect about you include:
- your name;
- your contact details, including email address, mailing address, street address and/or telephone number;
- your age and/or date of birth;
- required new employee or contractor information that the company that has asked you to complete their organisation induction requires from you for legislative compliance reasons
- your credit card and/or bank account details;
- your demographic or location information, such as postcode;
- your preferences and/or opinions;
- personal information necessary for your use of our Site including any professional qualifications, evidence of training, licenses, certifications, insurances, emergency contact information and required information for your on boarding, induction or to otherwise use our Site;
- sensitive information as described below;
- information you provide to us through customer surveys;
- details of products and services we have provided to you and/or that you have enquired about, and our response to you;
- your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour;
- information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
- additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
- any other personal information requested by us and/or provided by you or a third party. We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes:
- to enable you to access and use our Site, associated applications and associated social media platforms;
- to contact and communicate with you;
- for internal record keeping and administrative purposes;
- for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms;
- to run competitions and/or offer additional benefits to you;
- for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
- to comply with our legal obligations and resolve any disputes that we may have; and
- to consider your employment application.
Legal bases for processing (for UK and European Economic Area users):
If you are an individual in the UK or the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable UK and European Union laws. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:
- it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract, including where you sign-up for our services and we provide our services to you, where we create a login for you as a user and where we provide customer support for our services to you;
- it satisfies our legitimate interest (which is not overridden by your data protection interests), including to provide our demonstration options to you (an online, video meeting or face to face demonstration), to contact you about the demonstration, to send marketing content we think might be of interest to you, for our internal business processes, for analytics to improve our services, to contact you if you initiate contact with us, for market research and development, and to protect our legal rights and interests;
- you give us consent to do so for a specific purpose, including where we ask for consent in order to receive your feedback on, or review of, our services; or
- we need to process your data to comply with a legal obligation, including to report any illegal activity or to meet our taxation obligations.
If we are processing your personal data in the context of providing our services to a customer (usually your employer) then we do so as a data processor and it is the customer who is the data controller of your personal data. In these circumstances it is the data controller who must have a legal basis for the processing by them and us of your personal data and they must notify you of this.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using our services. For example, if you object to our demonstration options and us contacting you about our demonstration, we will not be able to provide a demonstration to you.
Disclosure of personal information to third parties
We may disclose personal information to:
- third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, professional advisors and payment systems operators;
- our employees, contractors and/or related entities;
- our existing or potential agents or business partners;
- anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
- credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
- courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
- third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct communications to you. This may include parties located, or that store data, outside of Australia; and
- third parties to collect and process data. This may include parties that store data outside of Australia.
Where we are acting as a data processor rather than a data controller we will only disclose your personal data in accordance with the instructions of the relevant data controller (usually your employer).
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and, if you are an individual located in the UK or the EEA, to third parties that reside outside the UK or the EEA.
Where the disclosure of your personal information is solely subject to Australian privacy laws (and not subject to UK privacy laws or the GDPR), you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any such third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.
Where the disclosure of your personal information is subject to UK privacy laws or the GDPR, you acknowledge that there are risks if the third party outside the UK or the EEA engages in any act or practice that would contravene UK privacy laws or the GDPR and where there is no adequacy decision in place with the country outside the UK or the EEA or appropriate safeguards in place with the third party.
How we treat personal information that is also sensitive information
Sensitive information is a sub-set of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.
The type of sensitive information we may collect about you includes:
- professional associations or memberships;
- criminal records; and
- medical history and information including details of any personal injury or accidents.
Provided you consent, your sensitive information may only be used and disclosed for purposes relating to the primary purpose for which the sensitive information was, including:
- enabling you to effectively use the services on the Site;
- providing services for a purpose that is directly related to the primary purpose for which the sensitive information was collected; and
- data analytics purposes.
Sensitive information may also be used or disclosed if required or authorised by law.
For individuals where UK / EU Data Privacy Laws apply: we only process your sensitive / special category data when providing our services to our customers. As such it is our customers who are the data controllers of your personal data - we are data processors of the data. This means that it is our customers (usually your employers) who must ensure that any sensitive / special category data is processed in accordance with applicable privacy laws.
Our responsibilities as a 'controller' under UK privacy laws and the GDPR
Controllers are defined by UK privacy laws or the GDPR as natural or legal persons, a public authority, agency or other body to which personal information or personal data has been disclosed, whether via a third party or not, and who determines the purposes and means of processing personal information. We are a controller under UK privacy laws or the GDPR when we collect, use and store your personal information to enable us to communicate with you or the organisation you work for concerning our goods and/or services.
Please note that if we process your personal data as part of the onboarding and compliance services that we provide to our customers (usually your employer) then it is our customer who is the data controller of your personal data.
Where we act as a controller, we have certain obligations under UK privacy laws and the GDPR when collecting, storing and using the personal information of individuals based in the UK and in the EEA. If you are an individual located in the UK or the EEA, your personal data will:
- be processed lawfully, fairly and in a transparent manner by us;
- only be collected for the specific purposes we have identified in the 'collection and use of personal information' clause above and personal information will not be further processed in a manner that is incompatible with the purposes we have identified;
- be collected in a way that is adequate, relevant and limited to what is necessary in relation to the purpose for which the personal information is processed;
- be kept up to date, where it is possible and within our control to do so (please let us know if you would like us to correct any of your personal information);
- be kept in a form which permits us to identify you, but only for so long as necessary for the purposes for which the personal data was collected;
- be processed securely and in a way that protects against unauthorised or unlawful processing and against accidental loss, destruction or damage.
We also apply these principles to the way we collect, store and use the personal information of our Australian customers or clients.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.
Under certain circumstances, you have rights under UK privacy laws / the GDPR in relation to your personal data (these are set out below). If you wish to exercise any of these rights please contact us. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
You have the legal right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- If you want us to establish the data's accuracy.
- Where our use of the data is unlawful but you do not want us to erase it.
- Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Our responsibilities as a 'processor' under UK privacy laws and the GDPR
When we collect your personal data in the context of us providing staff on-boarding and compliance services to our customers we act as a data processor and our customer is the data controller of your personal data. In these circumstances we enter into data processing agreements with our customers which contain provisions required by UK privacy laws or the GDPR under which our customers instruct us on how we should process your personal data.
Your rights and controlling your personal information
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict how we process your personal information, we will let you know how the restriction affects your use of our Site or products and services.
Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible and required by the GDPR, subject to the 'Customer Data' clause above, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party (data portability).
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles or UK privacy laws or the GDPR and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact the Office of the Australian Information Commissioner if you wish to make a complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures such as the pseudonymisation and encryption of personal information, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
Cookies and web beacons
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor's behaviour and collect data about the visitor's viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
We may use Google to collect and process data. To find out how Google uses data when you use third party websites or applications, please see www.google.com/policies/privacy/partners/ or any other URL Google may use from time to time.
Links to other websites
For any questions or notices, please contact our Privacy Officer at:
Work Metrics Pty Ltd ABN 81 127 226 813
Email us here or email our Data Protection Officer at: firstname.lastname@example.org
Last update: 24 October 2020