VIVID TEACHERS Education Services PTY LTD ABN 84 942 593 147

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 1. Introduction 
 

Following the Privacy Act 1988 and the Australian Privacy Principles, we manage personal information. This policy outlines the type of information collected by VIVID TEACHERS PTY LTD. We only collect essential information necessary for our operations. We do not gather personal information based on potential future usefulness if it is not currently needed. Additionally, we reserve the right to avoid collecting unsolicited personal information about you and will try to eliminate it from our systems. By following the links in this document, you will find details about how we manage your personal information as an APP Entity following the Australian Privacy Principles (APPs). You can also learn about the information flow associated with that personal information. 
 

1.1. APP Entity 

VIVID TEACHERS* manages personal information, as an APP Entity, under the Australian Privacy Principles (APPs). As a contracted service provider to various Commonwealth, State, and Territory government agencies, we occasionally need to collect and manage personal information as an Agency under varying privacy arrangements. If you would like to know if this applies to you, please reach out to us. 
 

1.2. Information Flow 

When we collect your personal information: 

• we ensure that it is reasonably necessary for our functions or activities as an employment agency. 

• we ensure that it is current, complete, and accurate. This may occasionally require us to cross-check the information we gather from you with third parties. 

• we record and store your information in our ATS and CRM Systems. 

• we retrieve your information when needed for our functions and activities. We ensure it is current, complete, accurate, and relevant at that time. This may sometimes require us to cross-check the information we collect from you with third parties again, mainly if some time has passed since our last check. 

• subject to some exceptions, we permit you to access your personal information under APP:12 of the (APPs). 

• we correct or attach to your personal information under APP:13 of the (APPs). 

• we destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed, provided that it is lawful for us to do so. We do not destroy or de-identify information contained in a Commonwealth Record. 

 

2. Kinds of information that we collect and hold 

Personal information that we collect, and hold is information that is reasonably necessary for the proper performance of our functions and activities as an employment agency and is likely to differ depending on whether you are: 

• a Jobseeker; 

• a Client; 

• a Referee. 

 

2.1. For Jobseekers 

The type of information that we typically collect and hold about Jobseekers is information that is necessary to assess amenability to work offers and work availability, suitability for placements, or to manage the performance in work obtained through us and includes: 

• Candidate information gathered from the candidate and other sources regarding job applications. 

• Work performance information. 

• Information about incidents in the workplace. 

• Staff information. 

• Information submitted and obtained regarding absences from work due to leave, illness, or other reasons. 

• Information obtained to assist in managing client and business relationships. 

• Photo identification. 

• Identification given at registration proves that you are who you claim to be. 

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2.2. For Clients 

• The information we typically collect and maintain about clients is essential for managing the presentation and delivery of our services. This includes mobile phone numbers and email addresses for contacts at each client site. 

• Feedback is given on selected candidates that have worked on a client site 

• OHS policies and procedures 

• Various site details and 

• Preferred candidate lists 

 

2.3. For Referees 

• The information we usually collect and retain about referees is vital for assessing the suitability of our candidates for specific roles or types of work. This includes: 

• Contact numbers and details 

• Declarations regarding candidates' suitability for temporary and contract work 

 

3. Purposes 

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3.1. For Candidates 

Information that we collect, hold, use and disclose about candidates is typically used for: 

• work placement operations. 

• recruitment functions. 

• statistical purposes and statutory compliance requirements. 

• Staff management. 

• Training. 

• Risk management. 

• Client and business relationship management. 

• Marketing services to you, but only where permitted and whilst you are registered with us. 

 

3.2. For Clients 

Personal information that we collect, hold, use and disclose about Clients is typically used for: 

• client and business relationship management. 

• recruitment functions. 

• marketing services to you. 

• statistical purposes and statutory compliance requirements. 

 

3.3. For Referees 

Personal information that we collect, hold, use and disclose about Referees is typically used for: 

• to confirm identity and authority to provide references. 

• candidate suitability assessment. 

• recruitment functions. 

• confirm identity and authority to provide references and. 

• assess candidate suitability 

 

3.4. Our Policy on Direct Marketing 

We use your personal details for our direct marketing purposes to broadcast job vacancies, news and similar company information about the education profession: 

• We will never give your personal details to a third party unless it is in relation to a job placement 

• We will never use marketing lists from a third-party provider to market products to you 

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4. How your personal information is collected 

How we collect your personal information is likely to differ depending on whether you are: 

• a Candidate 

• a Client 

• a Referee 

• We occasionally collect information from third parties and publicly available sources when necessary for a specific purpose, such as verifying the information you have provided or when you have consented, or would reasonably expect us to gather your personal information in this manner. 

 

4.1. For Candidates 

• Your personal information will be collected directly from you when you fill out and submit one of our application forms or any other details related to your application for employment with us. Personal information is also collected when: 

• You update your availability or location 

• You change your phone numbers and contact details 

• We check your references and 

• When we gain feedback on your work performance 

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We may also gather personal information about you from various publicly available sources, including newspapers, journals, directories, the Internet, and social media sites. When we collect personal information about you from these publicly available sources for our records, we will manage the information in accordance with the APPs and our Privacy Policy. 
 

4.2. For Clients 

Personal information about you may be collected: 

• when you provide it to us for business or business-related social purposes; 

• when you offer it at conferences and recruitment fairs 

• when you are referred to us by another client 

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We may also collect personal information about you from various publicly available sources, such as newspapers, journals, directories, the Internet, and social media sites. When we gather personal information from these sources for inclusion in our records, we will manage the information in accordance with the APPs and our Privacy Policy. 

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4.3. For Referees 

Personal information about you may be collected when you provide it to us: 

• when we check Candidate references with you and when we check information that we obtain from you about Candidates. 

 

We may also gather personal information about you from various publicly available sources, including newspapers, journals, directories, the internet, and social media platforms. When we collect personal information from these publicly available sources for inclusion in our records, we will manage the information in accordance with the APPs and our Privacy Policy. 

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4.4. Photos & Images 

We will not ask you to provide photographs, scan photo ID, or capture and keep video image data of yourself in situations where simply viewing photographs or identity documents would suffice.

 

4.5. Electronic Transactions 

Sometimes, we collect personal information that individuals choose to give us via online forms or by email, for example, when individuals: 

• ask to be on an email list, such as a job notification list. 

• register as a site user to access facilities on our site such as a job notification board. 

• make a written online enquiry or email us through our website. 

• submit a resume by email or through our website. 

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It's crucial to understand that using the Internet carries risks, and you should take all necessary steps to safeguard your personal information. 
 

4.5.1 Access 

With some exceptions outlined in privacy law, you can request access to the personal information we hold about you. Key exceptions include confidential evaluative opinions gathered during reference checks and any access that could infringe upon others' privacy rights. We deny access if it violates confidentiality agreements associated with the information or disrupts the privacy rights of other individuals. Often, evaluative information in the references we collect is shared with the expectation of confidentiality that we are obligated to uphold. To request access to your personal information, please contact our Privacy Co-ordinator. It's essential that you can verify your identity. Additionally, be prepared for your request to take some time to process, as we may need to retrieve and review information from storage to assess what can be shared. Typically, we will respond to your access request within 20 working days. 

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4.5.3 Browsing 

When an individual looks at our website, our internet service provider makes a record of the visit and logs (in server logs) the following information for statistical purposes: 

• The individual’s server address 

• The individual’s top level domain name (for example .com, .gov, .org, .au, etc) 

• The pages the individual accessed and documents downloaded 

• The previous site the individual visited and 

• The type of browser being used. 

 

We do not identify users or their browsing activities except, in the event of an investigation, where a law enforcement agency may exercise a warrant to inspect the internet service provider’s server logs. 
 

We do not accept responsibility for the privacy policy of any other site to which our site has a hyperlink, and it is advisable to look at the privacy policy of other sites before disclosing personal information. 
 

4.5.4 Cookies 

Cookies serve as unique identifiers, akin to tags placed on your browser. While they don't directly identify you, they can refer back to a database record associated with you. If you register on our site, we can associate your cookie with your personal information. 

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This site utilizes cookies to track website usage, facilitate purchases, and maintain a personal record of your visits and the pages you view. Cookies are essential for evaluating the effectiveness of our content and SEO strategies on our site. However, if you prefer not to have any information retained about your visits, you can delete the cookies from your browser and adjust your web browser settings. 

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4.5.5 Web Bugs 

If we use web bugs, we will display a clearly visible icon on the page. The icon will include the name of the company collecting information and will be labelled as a tracking device. The web bug will link to a page that discloses what data is collected, how it is used, and which companies receive the data. Web visitors will be able to opt out of data collection by web bugs. Web bugs will not be used to collect sensitive information. 

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4.5.6 Cloud Computing Services 

We cannot guarantee that any recipient of your personal information will protect it to the standard to which it ought to be protected. The costs and difficulties of enforcement of privacy rights in foreign jurisdictions or against third parties and the impracticability of attempting to enforce such rights in some jurisdictions will mean that in some instances, we will need to seek your consent to disclosure. 
 

In cases where we use cloud computing services, we will take reasonable steps to ensure that: 

• Disclosure of your personal information to the cloud service provider is consistent with our disclosure obligations under the Privacy Principles. This may include ensuring that we have obtained your consent, or that the disclosure is for purposes within your reasonable expectations. 

• Disclosure is consistent with any other legal obligations, such as the restrictions on the disclosure of tax file number information or the disclosure by private employment agencies of candidate details; 

• Our Cloud computing services provider’s terms of service recognise that we are bound by obligations to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations. 

 

4.5.7 Social Networks and Web Searches 

We will need to collect, use, and disclose personal information about you to assess your suitability for positions and assist you in finding work. In some places, employment service providers conduct background checks via social network media sites frequented by candidates. 

We will not conduct background checks via social network media sites other than those you identify and authorise us to check. However, we do conduct internet searches using search engines and entering your name and relevant identifying details. 

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4.5.8 Emails 

Our technology systems log emails received and sent and may include voting and read and receipt notifications to enable tracking. 

When we receive your email address because you send us a message, we will only use or disclose it for the purpose for which you have provided it. It will not be added to a mailing list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law. 

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4.5.9 Call and message logs 

When we receive your call number because you phone us or send us a message, the number will only be used or disclosed for the purpose for which you have provided it. It will not be added to a phone list or used or disclosed for any other purpose without your consent other than as may be permitted or required by law. 

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4.5.10 Teleconferences and Video conferences 

Teleconferences and video conferences may be recorded with your consent. In cases where it is proposed that they be recorded, we will tell you first the purpose for which they are to be used and retained. 

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4.5.11 Database 

We use recruiting software and databases to log and record recruitment operations. 

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4.5.12 Paperless Office 

Recognising the environmental advantages and efficiencies it provides, we operate a wholly/partially paperless office. As a result, your paper-based communications with us may be digitised and retained in digital format; the paper-based communications may be culled. 

Therefore, you mustn't send us the originals of any paper-based document except where specifically requested and that you retain copies for your records. 

Where we do request original paper-based documents, we will return them to you once we no longer require them for the purpose for which they may be used or disclosed.

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5. How your personal information is held 

Personal information is held in our database until it is no longer needed for any purpose for which it may be used or disclosed. At this time, it will be de-identified or destroyed, provided that it is lawful for us to do so. We take measures to protect your personal information from: 

• misuse, interference and loss; and 

• unauthorised access, modification or disclosure. 

 

5.1. Our Information Record System 

• We store information internally on an in-house server which is managed by a dedicated in-house IT team 

 

5.2. Information Security 

Our information security system is built around data protection and privacy policy. This includes: 

• Staff training on confidentiality and privacy 

• “Clean desk” procedures 

• Need-to-know and authorisation policies 

• Just-in-time collection policies 

• Password protection 

• Policies on laptop, mobile phone and portable storage device security. 

• Policy on timely culling and 

• Culling procedures including shredding and secure disposal of confidential documents etc. 

 

6. Disclosures 

We may disclose your personal information where we are under a legal duty to do so. Disclosure will usually be: 

• internally and to our related entities 

• to our Clients 

• to Referees for suitability and screening purposes. 

 

6.1. Related Purpose Disclosures 

We outsource several services to contracted service suppliers from time to time. Our CSPs may see some of your personal information. Typically, our would include: 

• Background checking and screening agents; 

• Email Newsletter Senders 

 

We may disclose your personal information for any of the purposes for which it is primarily held or for a related purpose where lawfully permitted. 

We may disclose your personal information where we are under a legal duty to do so, including circumstances where we are under a contractual or lawful duty of care to disclose information. 

We do not share personal information about you with government agencies, organisations or anyone else unless one of the following applies: 

• You have consented. 

• You would reasonably expect, or have been told, that information of that kind is usually passed to those individuals, bodies or agencies. 

• It is required or authorised by law. 

• It will prevent or lessen a serious and imminent threat to somebody’s life or health. 

• The disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue. 

 

6.2. Cross-Border Disclosures 

Some of your personal information is likely to be disclosed to overseas recipients. We cannot guarantee that any recipient will protect it to the standard to which it ought to be protected. The costs and difficulties of enforcing privacy rights in foreign jurisdictions and the impracticability of attempting to enforce such rights in some jurisdictions will mean that in some instances, we will need to seek your consent to disclosure. 

The likely countries, type of information disclosed, and recipients are indicated, so far as is practicable, in the following table:

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