We understand that protecting your
personal information is important. This Privacy Policy sets out our commitment
to protecting the privacy of personal information provided to us, or otherwise
collected by us when providing our Services to you.
This Privacy Policy takes into account
the requirements of the Privacy Act 1988 (Cth) and the Australian Privacy
Principles. In addition to the Australian laws, individuals located in the
European Union (EU) may also have additional rights under the General Data
Protection Regulation 2016/679 (GDPR). Personal information under the GDPR is
referred to as personal data and is defined as information relating to an
identified or identifiable natural person (individual). Throughout this privacy
policy, where we use the term ‘personal information' this refers to ‘personal
information’ and ‘personal data’, as applicable.
Types of information
Personal information or personal data: is
information or an opinion, whether true or not and whether recorded in a material
form or not, about an individual who is identified or reasonably identifiable.
Sensitive information or special categories of data: is
a sub-set of personal information that is given a higher level of protection.
It means information relating to your racial or ethnic origin, political
opinions, religion, trade union or other professional associations or
memberships, philosophical beliefs, sexual orientation or practices, criminal
records, health information or biometric information.
The information we collect
Personal information: The types of personal
information we may collect about you include:
As an GradTests signed up user
- your name;
- your email address;
- your Google and/or LinkedIn
account unique id;
- your feedback provided to us
about your user experience;
- additional personal
information that you provide to us, directly or indirectly, through your use of
our Services, 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.
As a general user of our website or platform:
- 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; and
- information about your access
and use of our Services, including through the use of Internet cookies, your
communications with our online Services, the type of browser you are using, the
type of operating system you are using and the domain name of your Internet
service provider.
Sensitive information or special categories of data: We
do not actively request sensitive information or special categories of data
about you. If at any time we need this type of information about you, unless
otherwise permitted by law, we will first obtain your consent and we will only
use it as required or authorised by law.
How we collect personal information
We collect personal information
in a variety of ways, including:
- Directly: We collect
personal information which you directly provide to us, including when we
onboard you as a customer, when you complete any questionnaires for us before
sitting a skills assessment, when you make an account with us, when you fill in
any ‘contact us' form on our website or when you request our assistance via
email, social media or over the telephone.
- Indirectly: We may
collect personal information which you indirectly provide to us while
interacting with us, such as when you use our website, in emails, over the
telephone and in your online enquiries.
- From third parties: We
collect personal information from third parties, such as where your employer or
a business that you have applied for a job with sends you a link to participate
in one of our skills assessments or send your contact details to us, where we
get your contact details from a publicly available source such as LinkedIn,
from your referees where you are applying for a job and where we receive
details of your use of our website from our analytics and cookie providers and
marketing providers. See the “Cookies” section below for more detail on the use
of cookies.
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 Services, including to provide you with a login where relevant;
- to send you (and our customer
if relevant) your results after sitting one of our skills assessments;
- where you are a candidate and
have engaged us to provide recruitment services, to assist you to find
employment and to verify your work rights status;
- to contact and communicate
with you;
- to receive your feedback on
our Services;
- for internal recordkeeping,
administrative, invoicing and billing purposes;
- for analytics, market research
and business development, including to operate and improve our Services and any
associated platforms;
- to run promotions,
competitions or offer additional benefits to you;
- for advertising and marketing,
including sending you promotional information about our products and services
and information that we consider may be of interest to you;
- to comply with our legal
obligations and resolve any disputes that we may have;
- if you have applied for
employment with us; to consider your employment application; and
- if otherwise required by law.
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 to us, including
(without limitation) IT service providers (such as Google Analytics), data
storage, web-hosting and server providers, debt collectors, maintenance or
problem-solving providers, marketing or advertising providers and professional
advisors;
- 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 to collect and
process data, such as Google Analytics (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), Facebook Pixel or other relevant analytics businesses; and
- any other third parties as
required or permitted by law, such as where we receive a subpoena.
How we process personal information
Where the GDPR applies we must
have a legal basis to process your personal information. We will process your
personal information in accordance with the following legal bases:
- Legitimate interests: We
will process your personal information for our legitimate interests to allow
you to access and use our website, to send you marketing content we think may
be of interest to you, to contact you if you leave your contact details with us
or if you otherwise initiate contact with us, to offer recruitment services to
you if your contact details are publicly available such as on LinkedIn, to
review and improve our Services and for our internal business purposes.
- Performing a contract: We
will rely on performing a contract to process your personal information where
we are preparing to enter into a contract with you or we are carrying out our
obligations under a contract with you, including where you have entered into a
contract with us for GradTests, GradTests, to take a skills assessment on our
website or to provide recruitment services to you.
- We will rely on a legal
obligation to process your personal information where we are subject to a legal
obligation, including to respond to any illegal activity and are taxation
purposes.
- If we need to rely on consent,
we will ask for consent to process any of your personal information for that
specific purpose before we process your personal information for that purpose.
Upon written request, we may
provide you with a list of the third parties we use to process your personal
information.
Data transfers
The countries to which we send
data for the purposes listed above may not have the same data protection laws
as the country in which you initially provided the information. If we transfer
your personal information to third parties in other countries: (i) we will
perform those transfers in accordance with the requirements of the GDPR and/or
Privacy Act (as applicable); and (ii) we will protect the transferred personal
information in accordance with this privacy policy.
Our commitment to you
Your personal information 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 information was collected; and
- be processed securely and in a
way that protects against unauthorised or unlawful processing and against
accidental loss, destruction or damage.
Data retention
We will only retain your
personal information for as long as necessary to fulfil the purposes we collected
it for, including for the purposes of satisfying any legal, accounting, or
reporting requirements.
To determine the appropriate
retention period for personal information, we consider the amount, nature, and
sensitivity of the personal information, the potential risk of harm from
unauthorised use or disclosure of your personal information, the purposes for
which we process your personal information, whether we can achieve those
purposes through other means and the applicable legal requirements.
In some circumstances you can
ask us to delete your data: see ‘erasure’ below for further information.
In some circumstances, we may
anonymise your personal information (so that it can no longer be associated
with you) for analytics, research or statistical purposes in which case we may
use this anonymised information indefinitely without further notice to you.
Your rights and controlling your personal information
Your choice: Please read this privacy
policy carefully. If you provide personal information to us, you understand we
will collect, hold, use and disclose your personal information in accordance
with this privacy policy. You do not have to provide personal information to
us, however, if you do not, it may affect your use of our Services.
Information from third parties: If we
receive personal information about you from a third party, we will protect it
as set out in this privacy policy. If you are a third party providing personal
information about somebody else, you represent and warrant that you have such
person’s consent to provide the personal information to us.
Anonymity: Where practicable we will give
you the option of not identifying yourself or using a pseudonym in your
dealings with us.
Unsubscribe: To unsubscribe from
our email 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.
Access: You may request details of the
personal information that we hold about you. Where legally permitted, an
administrative fee may be payable for the provision of access to such
information.
Correction/Rectification: 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 promptly correct any information found to be
inaccurate, incomplete, misleading or out of date.
Complaints: If you wish to make a
complaint, please contact us using the details below and provide us with full
details of the complaint. 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 in response to your complaint. You also have the right
to contact the relevant authority in the country in which you are based.
Extra rights for EU individuals
Objecting to processing: You have the right
to object to the processing of your personal information that is based on our
legitimate interests or public interest. If this is done, we must provide
compelling legitimate grounds for the processing which overrides your
interests, rights and freedoms, in order to proceed with the processing of your
personal information.
Restricting processing: You have the right
to request that we restrict the processing of your personal information if (i)
you are concerned about the accuracy of your personal information; (ii) you
believe your personal information has been unlawfully processed; (iii) you need
us to maintain the personal information solely for the purpose of a legal
claim; or (iv) we are in the process of considering your objection in relation
to processing on the basis of legitimate interests.
Data portability: You may have the right to
request that we transfer the personal information we hold about you to a third
party.
Erasure: You may have the right to request
that we erase the personal information we hold about you.
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, to safeguard and secure personal
information and protect it from misuse, interference, loss and unauthorised
access, modification and disclosure.
We cannot guarantee the security
of any information that is transmitted to or by us over the Internet. The
transmission and exchange of information is carried out at your own risk.
Cookies and web beacons
We may use cookies on our online
Services from time to time. Cookies are text files placed in your computer's
browser to store your preferences. Cookies, by themselves, do not tell us your
email address or other personally identifiable information.
You can block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all or
parts of our online Services.
We may use web beacons on our
online Services 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 Analytics 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
Our Services may contain links
to other websites. We do not have any control over those websites and we are
not responsible for the protection and privacy of any personal information
which you provide whilst visiting those websites. Those websites are not
governed by this privacy policy.
Amendments
We may, at any time and at our
discretion, vary this privacy policy. We will notify you if we amend this
privacy policy, by contacting you through the contact details you have provided
to us. Any amended privacy policy is effective once we notify you of the
change.
For any questions or notices, please contact our Privacy Officer
at:
GradTests
Email: admin@gradtests.com.au
Last Update: 2021-10-13
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