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Arc Privacy Policy - Candidates for Employment & External Contractors

1.   Scope

This policy covers all candidates for employment with Arc and external contractors rendering services to Arc.

Arc is committed to ensuring the privacy of your information by complying with the Privacy Amendment (Private Sector) Act 2000, Privacy Amendment (Enhancing Privacy Protection) Bill 2012, the Australian Privacy Principles set out in the Privacy Act 1988 and the privacy provisions of all other applicable legislation. Arc acknowledges that the privacy of your personal information should be treated with the utmost sensitivity.

2.   What personal information Arc collects and holds

Personal Information is any information about you, whether it is true or not, where your identity is apparent or can reasonably be ascertained from that information.

Examples of personal information we hold include:

  1. Your first and last name (including title);
  2. Your student number (if applicable);
  3. Your contact details (including email address, mobile phone number, and address);
  4. Any other information reasonably necessary for the job application process (education details, employment history, licences and other information traditionally gathered during a recruitment process).

Arc will usually collect personal information directly from you. This collection could occur through conversations in person, over the phone, or via email (including when you send us your application documents such as resume or cover letter). Arc also collects information in other ways such as, through your interaction with Arc’s websites, social sites and online job applications or a third party, for example, a nominated referee from a previous employer. The amount of personal information that you are required to supply will be limited to only that which is necessary.

If we are not provided with the information we seek, we may be limited in our ability to follow our recruitment processes (your application may be excluded) or enter into a contract with you.

In the event that we receive unsolicited personal information about you that we did not take any active step to receive, we will deal with it according to the Australian Privacy Principle 4.

3.   What is sensitive information?

Sensitive information is information about your:

  1. Health;
  2. Racial or ethnic origin;
  3. Political opinions;
  4. Membership of a political association, professional or trade association or trade union;
  5. Religious beliefs or affiliations;
  6. Sexual preferences or practices;
  7. Criminal records.

We generally do not collect sensitive information about our candidates or contractors but will do so when required or authorised by law (for example to implement any necessary accommodations to a health condition while attending an interview), or where you consent to provide this information.

Additionally, in order to comply with statutes, rules and regulations pertaining to equal employment opportunities or to assist Arc in compiling data for its affirmative action practices, we may ask you to provide gender or racial information. The provision of this type of information will be voluntary unless required by law, and failure to provide this information will not hinder your employment application.

In the unlikely event we have to source sensitive information about you, we will do so in accordance with the Australian Privacy Principles and with other applicable laws such as NSW and Commonwealth Anti-Discrimination Laws.

4.   Disclosure and use of personal information

We will only use your personal information in accordance with the Australian Privacy Principles. These principles let us use your information for the purposes for which it is collected. When you provide personal information to Arc as part of an employment application, this means your personal information may be disclosed to or used in connection with reviewing and processing your employment application (assessment, interviews, feedback, internal statistics). In the case of external contractors, the information collected may be disclosed or used in connection with performing services for Arc under the relevant contract (granting access, organising work, payment for services, internal reporting).

At times the use or disclosure of the information in situations different than above will be required or authorised by law.

Sensitive information will only be disclosed or used as above when you have given consent to its disclosure or use, or where it is required by law.

5.   Access

Subject to some exceptions which are set out in the Australian Privacy Principles (Principle 12), a candidate or contractor who requests information can gain access to the personal information we hold about them by making a written application to Arc’s Human Resources Department (hr@arc.unsw.edu.au).

We will respond in writing to written requests for access within a reasonable time. We may charge you an access fee in some circumstances.

6.   Correction

If your personal information changes, you can contact Arc’s Human Resources Department (hr@arc.unsw.edu.au) and we will endeavour to update and correct the information we hold about you. We may also contact you from time to time to check the information we hold is still correct.

7.   Storage and Information Security

We will keep your information in a secure environment, as determined by Arc, and train our staff to identify and manage privacy risks.

Information will only be retained for a reasonable period of time that is necessary for an authorised purpose. Unless otherwise advised by you we will keep your information on file for any future vacancies. You can request at any time, in writing, to destroy your personal information. We will fulfil this request so far as we are legally permitted to do so.

We use all reasonable means to prevent your personal information from misuse, interference, or loss, as well as unauthorised access, modification or disclosure.

If we hold personal information about you and we no longer need this information for any purpose, and it is not required by any legislation to have it contained in a record we will take reasonable steps to either destroy or de-identify that personal information.

If we believe that a notifiable data breach has occurred we will follow the Office of Australian Information Commissioner guidelines to notify all affected in a timely manner.

8.   Consent to collect, use and disclose

If you complete an application form or provide us with your resume or provide any personal information by email, in paper or in person, we will treat it as explicit consent to our use of your personal information as per this policy.

9.   Truthfulness of information

If any of the information in your applications or dealings with Arc is false it may jeopardize your prospective or obtained employment or contract with Arc. Arc reserves the right to not enter into employment or contract with you or start a discipline procedure if employment or a contract with you has commenced as soon as we ascertain that the information provided to us was false. Arc may also inform appropriate law enforcement authorities.

10.  Workplace surveillance

When you visit Arc premises you may be subject to surveillance by security camera/s.

11.  Implementation and review

This policy is approved by the HR Manager and Executive Committee. The policy will be reviewed and kept up to date as required by the Australian Privacy Principle 1.3.

12.  Communication

This policy will be available free through the Arc@UNSW Limited website. You may request this privacy policy in an alternative form.

We are constantly reviewing all of our policies. As a consequence, we may change this policy from time to time or as the need arises.

13.  Contact us about privacy

If you have any questions, complaints or suggestions about the way we have protected your personal information as set out in this Privacy Policy you can contact Human Resources at hr@arc.unsw.edu.au. If after initially lodging your complaint you are not satisfied with the response or do not feel the matter has been resolved, you may contact Arc's designated Privacy Complaints Officer at privacy@arc.unsw.edu.au who will consider your complaint in accordance with applicable legislation and Arc's own policies and procedures. Your complaint will be acknowledged within 2 working days, and a response to your complaint provided within 20 working days of receipt.

If you remain dissatisfied or have concerns about any privacy issue you may also contact the Office of the Australian Information Commissioner on 1300 363 992 or www.oaic.gov.au.

14.   Acknowledgements

Office of the Australian Information Commissioner