1.1. Buoy Pty Ltd (ABN 84 648 217 298) (“we, us or our”) respects your right to privacy and is committed to safeguarding the privacy of our consultants and website visitors.
1.2. We adhere to the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in the Act, any related regulations and applicable codes of practice as amended (“Australian Law”).
1.3. This Privacy Policy sets out how we collect and handle your personal information. “Personal information” is information that identifies an individual or could reasonably identify them.
2.1. Generally, we collect your personal information directly from you (e.g. when you communicate with us by email, fax, phone or online; when you register with us; when you request information from us or provide information to us in relation to an assignment; when you notify us of a change), or when you enter information onto our website or in other forms.
2.2. The personal information we collect about you may include: your name; date of birth; job title; information about your business, qualifications, education and/or professional experience; contact details (e.g. email, phone number, mobile number, address); citizenship/residency details; selection criteria responses; referee and reference check details; information from enquiries you have made; information relevant to interviews or engagements; and any information requested in a form.
2.3. If we need to make payment arrangements with you, we may also collect one or more of credit card information, debit card information, EFT information, bank account and similar financial information.
2.4. To the extent it would be impracticable to obtain it directly from you, we also collect other personal information about you from time to time from third party sources where it is relevant to the conduct of our business functions and activities.
2.5. Sometimes, you may voluntarily disclose other information to us in the course of your dealings with us.
2.6. In addition to personal information (i.e. information that identifies you individually), we may also collect information that relates to you but which has been anonymised or otherwise de-identified; this information is statistical in nature.
2.7. Please note that we do not usually seek to collect health information or other sensitive information as defined by Australian Law from you. However, if personal information provided by you also includes health information or other sensitive information as defined by Australian Law, you consent to us holding, using or disclosing such health information or other sensitive personal information consistently with your reason for disclosing it (for example, resolving a complaint).
3.1. Generally, we collect your personal information directly from you, including when you communicate with us electronically or in person, when you access our website and when you register with us as a candidate. We may receive personal information from third parties, including from your referees when conducting professional reference checks. If we do, we will protect it as set out in this Privacy Policy.
3.2. We also collect information about you indirectly through browser tracking cookies, mobile app reporting, and webpage pixel tags including Meta Pixel, LinkedIn Insights Tag and Google Tag when you use our website and apps.
3.3. Please note that most of the information we collect indirectly is not personal information (since it cannot identify you individually) but some may be (especially when held or used in combination with other information).
3.4. In addition to storing your information in physical files, we use a number of electronic systems to record and store your personal and other information, including database systems and web database systems.
4.1. Within the general purpose of allowing us to carry out our business activities and functions, we collect your person information to enable us to:
a) Register candidates in our database.
b) Maintain our database of registered candidates.
c) Receipt (or making) of payment and associated payment processing.
d) Respond to your queries.
e) Search for new assignments with clients, and prepare and submit applications for assignments with clients.
f) Enter into contractual arrangements with clients for candidate assignments and manage those arrangements.
g) Use internal and external business analytics tools (e.g. Google Ads).
h) Improve our services, offerings and database/portal.
5.1. Unless we obtain your further consent, we will:
a) only use or disclose your personal information for the purposes permitted or required by applicable law and otherwise in accordance with this Privacy Policy; and
b) not allow third parties to hold, use or disclose personal information we collect from you except for purposes permitted or required by applicable law and otherwise in accordance with this Privacy Policy.
5.2. We will not sell, rent or otherwise transfer your personal information to a third party except where:
a) such sale, rental or other transfer is part of larger transaction affecting us (e.g. sale of the business, sale of shares, company group reorganisation);
b) the information sold, rented or transferred has been anonymised or otherwise de-identified (such that it is no longer personal information); or
c) the sale, rental or other transfer is covered by one of the limited and specific exceptions set out in this Privacy Policy.
5.3. If collection, use or disclosure of your personal information is required or authorised by law or by order of a court or tribunal, we will inform you of that requirement or permission with details (unless the law or order requires otherwise).
5.4. We may use personal information collected from you for the purposes set out in section 4. We may also contact you to make you aware of new and additional opportunities available to you. We may use your personal information to improve our services and better understand your needs.
5.5. We may also use your personal information to protect our copyright, trademarks, legal rights, property or safety or that of our clients.
5.6. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, third party partners (e.g. payroll company) or subcontractors insofar as reasonably necessary in carrying out our business and for the purposes set out in this Privacy Policy.
5.7. We may disclose your personal information to our clients when searching for new assignments, submitting applications or responses for assignments, when entering into contractual arrangements with clients for an assignment and/or to manage those arrangements.
5.8. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Privacy Policy.
5.9. Personal information is only disclosed to third parties where you have consented to the transfer; where you are contracted to provide this personal information; and/or where it is required for the delivery of our services.
6.1. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia. These countries include but are not limited to the United States of America (“US”). We have domain and hosting facilities in Australia and the US.
6.2. To the extent that applicable law requires your consent to our transfer of your personal information to our service providers overseas, you consent to such transfer and to subsequent use and disclosure of your personal information by our overseas service providers when necessary for them to provide their services and honour their commercial arrangements with us respectively.
7.1. We will take all reasonable measures to make sure that any personal information about you that we collect, hold, use or disclose is accurate, up-to-date and complete. If you are (or become) aware of any personal information that we hold about you that is not accurate, up-to-date and complete, please contact us to let us know as soon as possible by contacting [email protected]
7.2. We will take all reasonable measures (including application of industry standards and industry best practice where possible) to protect your personal information from misuse, interference and loss, unauthorised access, unauthorised modification and unauthorised disclosure.
8.1. If you request access to your personal information, we will respond within a reasonable period and provide you with the information in the manner you request if it is reasonable and practicable to do so.
8.2. Please note that we are not obliged to give you access as requested in some circumstances, including where the request is frivolous or vexatious, the request would have an unreasonable impact on the privacy of others, or the request is denied in compliance with applicable law (or under a court or tribunal order).
8.3. We will not charge you for making a request for access to your personal information.
8.4. If the estimated cost to us to provide you with the information exceeds $10, we reserve the right to charge you on a cost recovery basis for providing access to your personal information.
8.5. If we refuse to provide access to your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law. In relevant circumstances, we will consider providing an alternative means of access to your personal information to the refused means of access.
8.6. If you wish to seek access to your personal information, please contact us at [email protected]
9.1. We will take reasonable steps to correct your personal information to ensure that, having regard to the purpose(s) for which it is held, such information is accurate, up-to-date, complete, relevant and not misleading if we are satisfied that the information does not meet those thresholds.
9.2. We may also correct your personal information upon request from you. If you wish request a correction of your personal information, please contact [email protected]
9.3. If you make such a request, we will respond within a reasonable period.
9.4. If we correct your personal information and you request us to notify third parties to whom we have disclosed such information, we will take reasonable steps (if any) to give that notification unless it is impracticable or unlawful to do so.
9.5. We may refuse your request to correct your personal information if it is not reasonable in the circumstances (e.g. the correction you request us to make is inaccurate).
9.6. If we refuse your request to correct your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law.
9.7. If, we refuse your request to correct your personal information and you request us to associate with your personal information a statement that the information is inaccurate, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement apparent to users of the information. If you make such a request, we will respond within a reasonable period.
9.8. We will not charge you for making a request for correction to your personal information, for correcting your personal information or associating a statement with your personal information that it is inaccurate, irrelevant or misleading.
10.1. We normally seek to remove, delete or destroy personal information from our records as soon it is no longer required. However, there may be circumstances where such removal, deletion or destruction is either delayed or not possible, including, in the case of our electronic record systems, in relation to backup, archival and general record-keeping processes. If, for technical or other reasons, it is not possible to remove, delete or destroy personal information, we will put such information beyond use (e.g. in the case of our electronic record system, by marking an account inactive, by locking a record or by similar technical means) and we will not access it again unless either we are subsequently requested to do so by you or we are required or permitted to access it by applicable law.
11.1. If you wish to make a complaint with regard to a possible breach of this Privacy Policy or the Australian Privacy Principles, please contact [email protected]
11.2. When we receive your complaint, we will contact you when reasonably practicable to let you know that we have received it.
11.3. We will use reasonable endeavours to investigate your complaint and aim to resolve it. We may contact you for further information.
11.4. We will write to you and let you know the outcome. We will use reasonable endeavours to resolve your complaint within 30 days however some complaints are more complex and take longer. We will keep you informed if this is the case.
11.5. If for some reason we cannot resolve your complaint (for example, the issue is outside our responsibilities), we will write to you and let you know
11.6. If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner (www.oaic.gov.au, 1300 363 992).
12.1. Please note that this Privacy Policy may change from time to time to take into account new laws and technology, changes to our operations and practices, and the changing business environment.
12.2. We will make the current version of our Privacy Policy available via our website and, upon request, in other forms. Please check back from time to time to review our Privacy Policy.
12.3. Your continued dealings with us after any variation to this Privacy Policy is acknowledgement of your consent in relation to this Privacy Policy as changed.
13.1. If you have any questions relating to this Privacy Policy, please contact us at [email protected]
