Privacy

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Privacy

When Marlow Corporation trading as Marlow Recruitment / S.M.C.  deals with personal information about any person working, or seeking to work, for it, Marlow Corporation trading as Marlow Recruitment / S.M.C. will follow certain principles so as to safeguard that individual’s privacy is maintained.

This policy sets out those principles, which are consistent with privacy laws.[1]

Definitions

Personal information Personal information is any information which identifies an individual, or from which the individual’s identity can reasonably be ascertained. It includes an individual’s name, address, telephone number, date of birth, work experience, skills and qualifications, any test results, referee contact details and other information relating to career, education and personal interests.
Sensitive Information Sensitive information is information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientations or practices or criminal record.
Employee record Employee record means information contained in or recorded in a record about health, training, discipline or resignation of the employee, termination of the employment of the employee, terms and conditions of employment, personal and emergency contact details, employee performance or conduct, hours of employment, salary or wages, membership of a professional or trade association, trade union of membership, recreation, long service leave, sick, personal, maternity, paternity or other leave).
Record Record means a document, database, photograph or picture of a person, but does not include a generally available publication;
Confidential and personal information Confidential and personal information may include, but is not limited to personal information about a person, any information about the organisation’s suppliers, customers, agents and / or contractors, any information about a prospective, current or former employee of Marlow Corporation trading as Marlow Recruitment / S.M.C., information regarding Marlow Corporation trading as Marlow Recruitment / S.M.C. the organisation’s systems, processes and affairs.

Procedure

Collection of personal information

Marlow Corporation trading as Marlow Recruitment / S.M.C. will only collect in an employee record personal information that is necessary for recruitment or the management of the employment relationship.

Where it is reasonable and practicable to do so, Marlow Corporation trading as Marlow Recruitment / S.M.C. will collect personal information about an individual from that person directly. If Marlow Corporation trading as Marlow Recruitment / S.M.C. collects personal information from third parties we will, unless impractical to do so, inform the individual concerned and give them an opportunity to validate the information collected.

Applicants in any recruitment process carried out by Marlow Corporation trading as Marlow Recruitment / S.M.C. who fail to make available lawfully requested information for the purposes of ascertaining suitability for job vacancies, may be subject to delays in their application(s) and / or may lead to their application being unsuccessful.

Marlow Corporation trading as Marlow Recruitment / S.M.C. will endeavour to only collect personal information by lawful and fair means and not in an unreasonably intrusive way.

Marlow Corporation trading as Marlow Recruitment / S.M.C. will not collect sensitive information about an individual unless that person has consented, or such collection is required or authorised by law.

If Marlow Corporation trading as Marlow Recruitment / S.M.C. finds that information provided by any job applicant is false, or misleading in any way, their application may be unsuccessful or in the case where the person has already been employed by Marlow Corporation trading as Marlow Recruitment / S.M.C. the person’s employment may be terminated.

Use of personal information

Where unsuccessful job applicants request that their application to be kept by Marlow Corporation trading as Marlow Recruitment / S.M.C. to be considered for other positions in the organisation that become available, that individual will be required to provide their written consent to Sharon Marlow to retain this information on file.

Marlow Corporation trading as Marlow Recruitment / S.M.C.  will only use personal information contained in an employee record for the purpose of managing the employment relationship or a purpose sufficiently related to that purpose (unless the individual concerned consents to some other use).

Where practical we will only use personal information contained in a record if it is accurate, complete and up to date. In many instances, we rely upon the subject individual to provide accurate and complete information and to advise us should their circumstances change over time.

Security of personal information

Records of personal information about an individual will be stored while he/she works for our organisation and 7 years thereafter.

We will take all reasonable steps to keep records of personal information secure and will securely destroy or de-identify personal information when it is no longer needed.

Access and correction of personal information

Unless otherwise agreed or a lawful exception applies, job applicants and employees have the right to access, make copies of and correct their personal information in the possession of Marlow Corporation trading as Marlow Recruitment / S.M.C.

Inspection of records by employees

Employees may be granted access to view their own personal information held by  Marlow Corporation trading as Marlow Recruitment / S.M.C.  in certain situations. These may include:

  • Wage and overtime records;
  • Leave records;
  • Instruments regulating the employment relationship, including: contracts, letters of offer, the name of any industrial instrument (Modern Awards or EBA’s for example);
  • Superannuation records and contributions by employer on the employees behalf; and
  • Workers compensation records regarding an employee who has suffered from an accident.

In all other circumstances, employees do not have the right to access their personal information held on file by the organisation as this is an exemption under the Privacy Act 1988.

Under no circumstance will an employee be granted access to another employees’ personal information held by the organisation unless the access is by a manager of the employee concerned.

To make a request to inspect such records, employees are to contact Sharon Marlow who will assess the request and if satisfied they fall within one of the categories mentioned above, will make these records available within 45 business days.

Employee responsibilities

All employees of Marlow Corporation trading as Marlow Recruitment / S.M.C.  are under an obligation to preserve the privacy of customers, clients, agents, contractors, suppliers, distributors and fellow workers of Marlow Corporation trading as Marlow Recruitment / S.M.C.  In preserving this privacy, employees must refrain from disclosing confidential information about any of these people. This obligation extends to out of hours conduct and any breach of privacy in this regard may be subject to an investigation by Marlow Corporation trading as Marlow Recruitment / S.M.C.

Where an employee is unsure whether the information is confidential or not, they are to contact Sharon Marlow for clarification and advice before taking any action, or disclosing information.

Where confidential and personal information is found to have been disclosed by an employee, they may be subject to a disciplinary process in accordance with Marlow Corporation trading as Marlow Recruitment / S.M.C. disciplinary procedure>.

Complaints and further information

All enquiries and complaints regarding this policy and procedure should be directed to Sharon Marlow via sharon@marlowrecruitment.com.au

 

[1] Despite the fact that the Privacy Act 1988 (Cth) specifically excludes ‘employee records’ from its general requirements we will endeavour at all times to handle employee records in a manner consistent with the requirements of the Australian Privacy Principles (APPs)