1. About this Policy

1.1. SMAART Recruitment Pty Ltd (SMAART) is committed to maintaining the privacy of its service users and other individuals who interact with SMAART, and has developed this Privacy Policy in line with the Australian Privacy Principles as established under the Privacy Act 1988 (Cth) (Privacy Act).

1.2. The purpose of this Privacy Policy is to describe how SMAART collects, uses and discloses information and how you may access and correct this information.

1.3. This Privacy Policy will be reviewed and updated by SMAART from time to time to take account of new laws and technology, and changes to our operations and practices. Please regularly check our Privacy Policy so that you are aware of these updates and changes. Any information we hold will be governed by the most current version of our Privacy Policy.

2. What is ‘personal information’?

2.1. Personal information means information or an opinion about you. It includes information regarding your:

  • (1.a) contact details;

  • (1.b) work experience;

  • (1.c) qualifications;

  • (1.d) aptitude test results;

  • (1.e) references;

  • (1.f) incidents at the workplace; and

  • (1.g) other information obtained or received by us in connection with your possible and actual work placements.

3. What is ‘sensitive information’?

3.1. Sensitive information is a special category of personal information. It is information or an opinion about your:

  • (1.a) racial or ethnic origin;

  • (1.b) political opinion;

  • (1.c) membership of a political association or religious beliefs, affiliations or philosophical beliefs;

  • (1.d) membership of a professional or trade association or membership of a trade union;

  • (1.e) sexual preferences or practices;

  • (1.f) criminal record; and

  • (1.g) health or disability (at any time).

3.2. Where reasonably necessary, SMAART may collect sensitive information about you, but will only do so with your prior consent. Your consent is given when you knowingly supply sensitive information to us.

3.3. You acknowledge that the collection of sensitive information about you may be reasonably necessary to carry our SMAART’s functions and activities.

4. Collection of Information

SMAART collects personal and sensitive information in a number of ways, including through:

  • (1.a) online and hard copy registration and application forms filled in by you to facilitate the provision of services by SMAART;

  • (1.b) the SMAART website;

  • (1.c) third party online sites where you have chosen to submit your information to us for recruitment services;

  • (1.d) fax and other electronic means;

  • (1.e) information from third parties, including results of inquiries that we might make of your current or former employers, work colleagues, professional associations, registration bodies, insurance providers, and criminal or disciplinary bodies; and

  • (1.f) results of any competency, medical test or background check.

4.2. If you do not provide us with the information we require, we may be limited in our ability to:

  • (2.a) locate suitable work for you; and

  • (2.b) to place you in work.

5.Use of Information

5.1.SMAART collects and holds personal and sensitive information about you for the purposes of:
facilitating the provision of services by SMAART;

  • (1.a) matching you with suitable employments or assignments;

  • (1.b) performance appraisals;

  • (1.c) assessment of your ongoing performance and prospects;

  • (1.d) any test or assessment (including medical tests and assessments) that you might be required to undergo;

  • (1.e) any workplace rehabilitation;

  • (1.f) management and resolution of any complaint, inquiry or investigation in which you are involved;

  • (1.g) any insurance claim or proposal that requires disclosure of your personal or sensitive information;

  • (1.h) undertaking criminal reference checks;

  • (1.i) for research, development, business systems and infrastructure testing, and other business purposes to assist us in providing our services to you;

    • conducting anonymous voluntary surveys in order to gain feedback on matters related to SMAART and improve the services

    • provided by SMAART;

    • SMAART’s administrative functions;

    • supporting and managing password protected, member-only access to the SMAART website and other

    • SMAART online platforms;

    • supporting and managing SMAART’s database of service users’ information;

  • (1.j) career guidance and management;

  • (1.k) identification of your training needs;

  • (1.l) informing you of possible work opportunities, relevant candidates, or other events such as training or information sessions; and direct marketing.

5.2. Sensitive information can, in most cases, only be disclosed with your consent. SMAART may use sensitive information for the primary purpose of collection or a directly related secondary purpose of collection as outlined herein, but will only do so with your prior consent. Your consent is given when you knowingly supply sensitive information to us.

6.Disclosure of your Information

6.1. We may disclose your personal information (including to trusted third parties) for the purposes for which it is primarily held or for a related secondary purpose and in some cases we may only disclose information with your consent.

6.2. You consent to SMAART disclosing your personal and sensitive information to the authorised personnel of SMAART and to:

  • (2.a) potential and actual employers, clients of SMAART and trusted third parties;

  • (2.b) referees;

  • (2.c) external providers of workplace training and induction;

  • (2.d) SMAART’s insurers;

  • (2.e) a professional association or registration body with a legitimate interest in the disclosure of your personal and sensitive information;

  • (2.f) a workers compensation body; and

  • (2.g) any other person with a lawful entitlement to obtain the information.

6.3. These third parties may contact you directly for a specific purpose, and provide us with information collected from you in the course of providing the relevant products or services.

6.4. We make it clear to the above individuals and organisations that they are required to use your personal and sensitive information in accordance with this policy.

7. Cross-Border Disclosure

7.1. We may, from time to time, use data hosting facilities or enter into contractual arrangements with third party service providers to assist us with the provision of recruitment services to you which may not be based in Australia (Overseas Entities). As a result, personal and sensitive information may be transferred to, and stored at, a destination outside Australia. Personal and sensitive information may also be processed by staff or other third parties operating outside Australia who work for SMAART or one of our agents or contractors.

7.2. You hereby consent to the disclosure of your personal and sensitive information to such Overseas Entities and you acknowledge that as a result of your consent to such disclosure, Principle 8.1 of the APPs does not apply.

8. Storage and Security of Information

8.1. SMAART stores personal and sensitive information in a combination of secure computer based storage facilities and paper based files and records. SMAART generally uses accepted technology and security so that it is satisfied that personal and sensitive information is transmitted safely to it through the internet or other electronic means.

8.2. SMAART will use its reasonable endeavours to protect your personal and sensitive information from misuse, unauthorised access, disclosure, modification or loss. SMAART’s officers, employees, agents and third parties are required by SMAART to observe the confidentiality of your personal and sensitive information.

8.3. SMAART may be required to maintain its records of your personal and sensitive information for a significant period of time. Where SMAART no longer requires personal information it has collected and stored and is not required by or under an Australian law, or an order of a court or tribunal, to retain the information, SMAART will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is no longer identifiable personal or sensitive information.

9. Information to be kept up-to-date

9.1. SMAART will take all reasonable precautions to ensure that the personal information it collects, uses and discloses is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information provided by you. In order to prevent inaccuracies in your personal information you should:

  • (1.a) let SMAART know if there are any errors in your personal information; and

  • (1.b) keep SMAART up to date with any changes to your information such as name, address and telephone number.

9.2. If SMAART has previously disclosed your information to another entity, SMAART will take reasonable steps to notify the other entity of the correction (unless it is impracticable or unlawful to do so) if you make such a request.

10.Access to Information

10.1. Subject to certain exception under the APPs, you have the right to access your personal and sensitive information stored on computer, on a database, in personnel files or in any other form by SMAART. SMAART may require the payment of a fee for administering your request. If you would like to request access to your information, please contact our Privacy Officer.

10.2. SMAART must respond to a request by you to access your information within a reasonable period after the request is made. SMAART, in its discretion, may refuse to grant you access to your information to the extent that such denial is permitted by the APPs. If SMAART refuses your request to access your information, SMAART must in writing:

  • (2.a) where reasonable, give reasons for the refusal;

  • (2.b) notify you of the mechanisms to complain about the refusal; and

  • (2.c) inform you of any other matter prescribed by privacy law regulations.

11. Contact

11.1. If you have any enquiries or complaints in relation to the information held by SMAART, or you would like us to cease using your information in the manner described herein, you should contact:

Mr Maarten Roosenburg
Privacy Officer
E-Mail: maarten@smaart.com.au
Phone: 03 8637 4444
Fax: 03 9011 9782
Post: SMAART Pty Ltd, Level 2, 385 Little Lonsdale Street Melbourne, VIC 3000

12. Consent

12.1. You acknowledge and agree that, by providing your personal and sensitive information to SMAART either directly or through relevant third party individuals or organisation, that SMAART, its related bodies corporate and partners and each of their officers, employees, agents, contractors and related third parties are permitted to collect, store, use and disclose your personal information in the manner set out in this Privacy Policy and in accordance with the APPs.

13. Governing Law

13.1. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Victoria and any Courts of Appeal from them for determining any dispute concerning this Privacy Policy. If any provision of this Privacy Policy is found to be invalid or unenforceable by a Court of law, such invalidity or unenforceability will not affect the remainder of this Privacy Policy which will continue in full force and effect.

14. Employee Records

14.1. Some information may be collected by SMAART in relation to individuals whom it employs. Nothing in this Policy is intended to affect the operation of the exemptions contained in section 7B of the Privacy Act 1988 (Cth), and (to the extent that it is legally permissible) this Policy does not apply to Employee Records.