Privacy Policy
Introduction
Bluefin Resources Pty. Ltd (ABN 48 106 436 837) ("Bluefin Resources" or "we" or "us") understands that privacy is an important issue for individuals. We believe that due respect for individual privacy not only protects an important personal right, but is a powerful tool in the creation of healthy relationships with the individuals with whom we deal - clients, suppliers, candidates and others.
In many respects, as a recruitment firm, Bluefin Resources is in the business of personal information - introducing appropriate candidates to client organisations with the goal of securing employment.
To do this effectively, we need to collect a great deal of personal information about candidates.
Personal information is any information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether it is true or not and whether or not it is recorded in material form. Some of this information will be "sensitive information" as defined in the Privacy Act 1988 (Cth) ("Act"). Sensitive information includes information such as health information, membership of trade unions and professional associations, criminal record and racial or ethnic origin.
This policy outlines our policy on the privacy of personal information and our compliance with the Australian Privacy Principles ("APPs") contained in the Act.
This policy may change over time in accordance with changes in the Act or our own procedures. Changes will be published on our website. Please review this policy from time to time.
What personal information do we normally collect, use hold and disclose?
Generally, we will not collect sensitive information from individuals. If it is necessary, we will make the individual aware of the purpose of such collection and obtain consent to do so before collecting, using or disclosing it to third parties for the purposes set out in this Privacy Policy or other purposes, as notified to the individual.
We collect personal information in accordance with the APPs. We usually collect and use personal information as follows.
Potential Job Candidates
We generally collect personal information from potential job candidates, which we believe is reasonably necessary for our functions and activities, including the following purposes:
- to assess candidates suitability for referral to our clients with a view to interviewing candidates about prospective positions, following up reference checks and other screening and cross-checking services that we provide to clients to assess candidates' suitability for roles;
- to assess candidates' suitability for engagement by us to perform temporary or contract work services for our clients; or
- to provide copies of candidates' personal information to potential clients who may be interested in interviewing a candidate for a position.
Personal information collected may include personal particulars, contact details, educational qualifications, job and life histories, leisure activities and other details not specifically or directly related to employment history, so that we can build a profile of the candidate.
Sometimes such information is volunteered by candidates and sometimes we may ask for it.
If you are a potential candidate we want you to supply only that information that is relevant to your application for the particular job of interest. If you supply such information to us, we will infer that you consent to our use of it for that purpose.
Collection in accordance with law
Sometimes, we need to collect personal information, such as identification documents, to comply with our obligations under Australian legislation, such as the Migration Act 1958 (Cth) or tax laws.
Clients and suppliers
In other cases, we usually only collect limited personal information such as an individual's name, job-title and contact details. This information will normally be collected for the purpose of enabling us to fulfil our obligations to clients in supplying services or to suppliers who are supplying us with goods and services.
Third party supply of your personal information - references
We will, wherever possible, collect information direct from the individual in preference to collecting it from other persons because this will make it more likely that the information is correct and that the individual has consented to giving it to us.
In the case of potential job candidates, however, we will in many instances obtain references and referrals from former employees or other referees. This is a routine procedure within a recruitment agency as prospective employers often require confirmation from former employers as to the qualifications and work record of candidates. Where candidates provide the names and contact details of referees in their resumes or in response to our request for them, we assume that the candidate consents to our making contact with that person – and to our obtaining frank, robust and potentially derogatory views or opinions from the nominated person and to disclosing such information obtained to our clients.
Where candidates provide us with names and contact details of former employers or others as referees, candidates must have obtained the consent of such persons for their personal information to be provided to us for the purpose of obtaining references.
Collection Notice
When collecting personal information we will make the individual aware of Bluefin Resources' identity and how to contact us. The role of Privacy Officer has been created within Bluefin Resources to act as a first contact for individuals concerned about privacy issues. We will also make the individual aware of his/her rights of access to personal information held by Bluefin Resources and the purposes for which the information is collected. We will also advise of the consequences if information is not provided.
If you do not provide us with your personal information
If you do not provide us with your personal information, we may not be able to transact with you.
For candidates, if you do not provide us with your personal information, or if we request further information (such as your CV) and you omit to provide personal information, this may influence our assessment of your suitability for a position with one of our clients.
Anonymity and using pseudonyms
You may deal with us anonymously or using a pseudonym when making general inquiries or when you review or carry out job searches on our website.
We will generally need your personal information, such as name and contact details in order to respond to inquiries. However, we will also need your personal information in order to provide our services to you or to obtain goods or services from you.
Cookies and tracking
We will collect some information from you when you visit our website. Some of this information will not be personal information.
We use cookies on our website. A cookie is a small amount of information which is transferred to the hard drive of your computer and which can identify your web browser but not you. If you want, you can disable your browser from accepting cookies. However, if you do so, you can still access the website, but not all of our services may be available on the website.
We also use third party providers to provide web analytics to analyse how people use our website. Such providers may use web beacons or cookies or similar technology to collect such information.
Outsourcing
From time to time we may also engage external consultants to assist us with our information technology needs. Such external consultants may have access to our database - though they would not take an active interest in the content, this nevertheless amounts to a disclosure of the personal information on the database to them. Wherever possible commercially and legally we will contract with such external consultants on the basis that they will comply with this policy and the Act and will not misuse or disclose the personal information to which they may gain access.
What we do (and will not do) with personal information we collect
Clients, suppliers, business partners etc. - we will collect personal information mainly to enable us to contact our clients, suppliers, business partners and others with whom we have business relationships.
This will enable us to fulfil our commitments and responsibilities to them. This will also enable us to perform our contractual obligations, to monitor and administer our contracts and their fulfilment.
Job Candidates - we use personal information collected from candidates for the purposes of contacting them and also primarily for the purpose of building a profile and disclosing their information to clients as potential employers as set out in more detail above.
We usually disclose candidates' personal information to:
- the client for a potential position for the candidate, with the candidate's consent;
- referees and former employers nominated by candidates for the purpose of obtaining references;
- our consultants, who perform recruitment services on our behalf; and
- the Australian Taxation Office, where candidates wish to be considered for temporary assignments;
Sale of Personal Information - we will never sell personal information to third parties, other than ordinarily in the course of our business of referring our clients to candidates we feel are appropriate to their needs for the relevant fee, or unless we do so in the context of a sale of our business or a part of it.
Direct Marketing - we also collect, use and disclose personal information to enable us to carry out marketing initiatives, including direct marketing.
When we send you communications for marketing or promotional purposes, we will include instructions in such communications on how you can opt out from receiving such communications in the future.
Other potential disclosure of personal information collected by us - we also may disclose any personal information collected with us as follows:
- to potential purchasers of Bluefin's business or assets; or
- to legal and other professional advisers, for the purpose of obtaining advice.
Cross border disclosure of personal information
Bullhorn database
We use the Bullhorn database, which is provided by Bullhorn Incorporated, to assist us in providing our services to candidates. Further information in respect of Bullhorn can be obtained on their website here.
Information is stored on the Bullhorn database on behalf of Bluefin Resources, in the United Kingdom and United States of America.
Bluefin Resources maintains effective control over personal information collected via the Bullhorn system.
Disclosure to overseas clients and affiliates
We may disclose candidates' personal information overseas to our clients and affiliates overseas with the candidates' consent.
Such overseas entities would not be subject to the APPs and may not be subject to laws which are similar to the Act. We are not accountable for any use that such overseas entities make of personal information disclosed by us.
Accuracy of your personal information
It is our policy to ensure that when personal information is collected from an individual it is accurately recorded. This is the responsibility of all staff involved in the collection and recording of such information. We also try to ensure that personal information is accurate, up to date, complete and relevant.
We encourage our contacts to let us know if they become aware of inaccuracies in the information we retain. Individuals have a qualified right of access to the personal information held by Bluefin Resources and will have the opportunity to correct any inaccuracies (as to which, see below). We will respond promptly to any request for correction of data and will act quickly to correct data that is discovered to be inaccurate, irrelevant, incomplete or out of date.
Security of your personal information
To protect personal information from misuse, interference, loss, or from unauthorised access, modification or disclosure, Bluefin Resources uses an appropriate combination of:
- physical measures including physical barriers;
- alarm systems;
- access technology; and
- administrative protocols, to exclude unauthorised persons or intruders from gaining access to information.
To maintain the integrity of information, Bluefin Resources has acquired and will continue to acquire (within its means) up-to-date computer virus prevention technology and makes use of other appropriate technology, such as password security protocols and "fire-walls" to exclude unauthorised access or hacking into its computer system.
Where a facsimile transmission or email is to be sent containing sensitive personal information, it is our policy to contact (usually by telephone) the individual prior to sending it.
If we no longer need your personal information that we hold, in accordance with the APPs, we will take such steps as are reasonable in the circumstances to ensure that the information is destroyed or de-identified.
We retain your personal information only for as long as we need it for the purpose for which it was used and disclosed, or otherwise in accordance with the APPs.
Your access and correction rights
The Act requires us to provide individuals access to the personal information which we hold about them - unless we are entitled under the Act or other legislation to deny access or provide an explanation for a decision instead. This qualified right of access will be advised when personal information is collected.
When requesting access to personal information, Bluefin Resources requires use of a written request form, which can be obtained by contacting our Privacy Officer (see below).
We will respond to requests for access as soon as possible and will acknowledge the request within 14 days and try to deal with it within 30 days. Though we may ask, we will not require an explanation of why as a pre-requisite to giving access. We will not charge a fee for access but we may seek recovery of any actual costs to us of providing access.
Use of government identifiers
We may collect them but we will not use government identifiers such as tax file numbers or Medicare numbers as a means of identifying a person from whom the identifier has been collected.
Contacting Bluefin Resources
If an individual:
- has an enquiry about our information management or privacy procedures;
- wishes to request access to personal information;
- wishes to see a copy of this policy; or
- wishes to make a correction to personal information,
- that person can contact our Privacy Officer by the following means:
Phone: (02) 9270 2671
Email: warwick@bluefinresources.com.au
Postal Address: Level 43, Australia Square, 264-278 George Street, Sydney NSW 2000
Complaints
We require that complaints be made in writing to the Privacy Officer at the address set out above. This will allow us to deal with complaints in a professional, sensitive and consistent manner and to properly address the issues raised in the complaint.
We will acknowledge receipt of a request within 14 days of receiving it and we will respond within 30 days of receipt, assuming that we are able to investigate the necessary facts in that time. We will let you know if it is likely to take much longer.
The Privacy Officer will keep a register of complaints and their outcomes. This will not be made publicly available since that may breach the privacy of the individuals named.
If you are not satisfied with the outcome or our complaints procedure, you can refer the matter to the Office of the Information Commissioner. Please see http://www.oaic.gov.au for contact details.
Changes to this Privacy Policy
Amendments to this Privacy Policy will be posted to our website and will be effective when posted.
As amended 14 December 2020
NZ Privacy Act 2020
Bluefin Resources is committed to ensuring that privacy is protected in accordance with the requirements of the New Zealand Privacy Act 2020 and any amending or substituting legislation.
1. Definitions
1.1 Personal information: is information about an identifiable individual. Personal information can be information obtained directly from an individual, but also publicly available information and authorised collection from a third party (i.e. a referee).
1.2 Privacy breach: any unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, transferred information, or any action that prevents an individual from accessing transferred information on either a temporary or permanent basis.
2. Personal information
2.1 Bluefin will only collect personal information from individuals as far as reasonably necessary for lawful purposes connected with its functions or activities.
2.2 The terms and conditions of an individual’s employment/engagement with Bluefin, including remuneration, must remain confidential between Bluefin and the individual and are not permitted to be disclosed by an individual without the written consent of Bluefin.
2.3 Where possible (and with the exception of conducting reference checks), personal information will be collected directly from the individual concerned.
2.4 All personal information held will be protected by reasonable security safeguards against loss, unauthorised access, use, modification or disclosure and other misuse.
2.5 Individuals may ask Bluefin for access to any personal information held by Bluefin and the individual shall be entitled to request correction to the information.
3. Covert recordings
3.1 So as to protect all individuals from unwarranted intrusion into their privacy, and protect their right to privacy, covert recordings (whether video or audio) are prohibited in Bluefin’s workplace or at any work-related event. The prohibition on covert recording includes (but is not limited to) employee and/or employer conversations/meetings (regardless of their nature i.e. whether disciplinary or not).
3.2 If an individual wishes to make a recording in the workplace, including recording a conversation/meeting, the individual must expressly ask all parties to the conversation if it is permitted to record the conversation prior to recording. If this is agreed to, the other party(s) must be provided with a copy of the recording. If a transcript is made it will be provided to the other party(s).
3.3 Where an employee covertly records in breach of this Policy, or covertly records where consent is not provided or consent to record is withdrawn, Bluefin may commence a disciplinary process with that employee on the basis that the employee may have breached this Policy and/or may have breached their trust and confidence and/or good faith obligations. Covert recordings made by employees may also amount to serious misconduct, warranting disciplinary action up to an including summary dismissal.
4. Mandatory reporting of privacy breach
4.1 If Bluefin experiences a privacy breach that has or is likely to cause anyone serious harm (whether intentional or not), Bluefin must notify:
a. the Office of the Privacy Commissioner, as soon as possible; and
b. any affected persons, as soon as possible.
5. Cross border disclosures
5.1 Where Bluefin intends to disclose an individual’s personal information to an overseas entity, Bluefin will ensure that the overseas entity is subject to comparable privacy safeguards as those under the Privacy Act 2020.
5.2 If this is not possible, Bluefin will inform the individual concerned that their information may not be adequately protected, and the individual must expressly authorise the disclosure.
6. Disciplinary consequences
6.1 Bluefin will take any breach of this Policy very seriously. Disciplinary action up to and including dismissal may result should an employee breach any provision of this Policy.
Collections Notice
AN IMPORTANT NOTICE ABOUT PRIVACY
Bluefin Resources Pty Limited (ABN 48 106 436 837) ("Bluefin", "we", "our" or "us") has received personal information from or about you. This may be in the form of a resume and/or commentary from referees you have nominated ("Referees").
We take our privacy obligations seriously and make the following disclosure to you in accordance with the Privacy Act 1988 (Cwth) ("Act").
1. Our contact details
You can contact us regarding your personal information by:
a) phone on (02) 9270 2600 - ask for the Privacy Officer;
b) mail to Level 43, Australia Square, 264-278 George Street Sydney, NSW, Attention: Privacy Officer; or
c) email to warwick@bluefinresources.com.au.
2. Our Privacy Policy
Our Privacy Policy is available at www.bluefinresources.com.au or we can provide a copy on request.
Our Privacy Policy sets out how we deal with personal information, including collection, use and disclosure of personal information by us.
It also contains information about how you may access and seek correction of your personal information and how to complain if you feel that we have breached any of the Australian Privacy Principles ("APPs") under the Act.
3. Why we collect your personal information
We usually collect personal information from or about candidates such as you to:
a) assess your suitability for referral to our clients with a view to interviewing you for a prospective position and following-up reference checks and other screening and cross-checking services that we provide to our clients to assess your suitability;
b) assess your suitability for engagement by us to perform temporary or contract work services for our clients;
c) provide your personal information to appropriate clients who may be interested in interviewing you for a position; and
d) comply with the Migration Act 1958 (Cth) as amended and other legislation relating to migration, tax laws and various laws relating to employment. For instance, if we engage you as a temporary or contract worker for a client of ours, we will need to collect certain information such as name, address and tax file number. If a Public Health Order mandates that roles must be filled by individuals who have been vaccinated against COVID-19, we will need to collect evidence of your COVID-19 vaccination status.
4. Reference checks - Collection of your information from third parties
As you would expect, we may need to collect your information from third parties such as Referees whose contact details you provide to us.
This is a routine procedure for a recruitment agency as prospective employers often require confirmation from Referees as to the qualifications and work record of candidates.
Where you provide us with names and contact details of Referees, you must have obtained their prior consent for their personal information to be provided to us for the purpose of obtaining references.
5. What happens if you do not provide the personal information that we request?
If you do not provide us with your personal information, or if we request further information (such as your CV) and you omit some personal information, this may influence our assessment of your suitability for a position with one of our clients. If being vaccinated against COVID-19 is a requirement of the position you are applying for and you do not provide evidence of your vaccination status, you will be unable to be considered for the position.
6. Sensitive information
You may provide us with "Sensitive Information" as defined in the Act.
If you provide us with Sensitive Information, we will take this to mean that you consent to us retaining your Sensitive Information and using it, as required, for the above purposes set out in section 3 above.
You also consent to us disclosing certain types of Sensitive Information, such as your membership of professional or trade associations or health information (including COVID-19 vaccination status), as relevant to a particular job opportunity, to the types of organisations to which we normally disclose information as listed below.
If you do not wish us to do so, please contact us immediately to inform us.
7. Disclosure of your personal information
We only disclose your personal information, such as your name, contact details, employment history, educational qualifications or certain Sensitive Information, as listed above, to a prospective employer with your prior consent in each case.
Once you have your consent to pursue a specific career opportunity, we may disclose your personal information to the following types of organisations and persons:
a) the client for which we have your consent;
b) Referees that you have nominated;
c) our consultants who perform recruitment services on our behalf as independent contractors;
d) independent contractors performing services for us, such as on our information technology systems;
e) anyone to whom we may wish to sell our business;
f) our legal and other professional advisers, if we need to obtain advice; or
g) where you wish to be considered for temporary assignments, the Australian Taxation Office.
8. Overseas disclosure of your personal information
We may disclose your personal information overseas such as to clients or affiliates based in countries overseas, with your consent.
9. Your consent
In registering with us, you are consenting to us:
a) collecting and using your personal information (including Sensitive Information), in the manner outlined above;
b) making contact with Referees that you have permitted us to contact and obtaining from them frank (and potentially derogatory) opinions about you;
c) passing the statements made by Referees on to our clients no matter what their content may be;
d) in respect of job opportunities, clients or affiliates which are based overseas, providing your personal information to such clients or affiliates, even though the recipient may not be bound by laws similar to the Australian Privacy Principles under the Act in Australia. However, we will always tell you before sending your personal information overseas in this manner; and
e) retaining your information on our database for future employment opportunities until such time as you advise us that you would like your details to be removed.
10. Removal from our database or opting out of marketing communications
At any time you may:
a) ask us to remove all your personal information from our database and files; or
b) request that we stop sending you any marketing communications.
This can be done by contacting the Privacy Officer, details as above.
11. New Zealand Privacy Act 2020
In registering with us, you are consenting to us:
a) you consent to Bluefin to seek out any personal information relating to your background, previous work performance and general credibility. The information sought could include, but will not be limited to, credit checks, criminal record checks, employment reference checks and government security clearances as required under the Privacy Act 2020 and any amending or substituting legislation.
b) the personal information collected is reasonably necessary and for lawful purposes connected with Bluefin's functions or activities; and you have the right to ask Bluefin for access to any personal information held by Bluefin and you shall be entitled to request correction to the information.