Public Policies

Privacy Policy

Dated 29 Jan 2023

1. Overview

1.1 Arc Professional Services Pty Ltd (referred to as "The Company") is committed to protecting the privacy of personal information we collect, store, and use.

1.2 Legislation: We comply with the Australian Privacy Principles outlined in the Privacy Act 1988 (Privacy Act) when collecting, holding, using, and disclosing personal information.

1.3 Your Information: We may collect personal information from you when you interact with us through any medium, such as when you are a candidate, client, or referee. We may also collect personal information from third-party or publicly available sources, such as social networking sites, to verify the information you provide.

1.4 Storage: Personal information is kept in our secure information record system and will only be kept for as long as it is needed.

1.5 Disclosure: We may disclose your personal information to our clients and referees, as well as to our contracted service suppliers, such as background checking agents. We will not disclose sensitive information about you without your consent or when it is reasonably expected.

1.6 Accessing Your Information: You have the right to access the personal information we hold about you, subject to certain exceptions outlined in privacy laws. To do so, you will need to verify your identity and we may charge a moderate fee. If you find that the information we have is inaccurate, out of date, incomplete, irrelevant, or misleading, we will take steps to correct it.

1.7 Complaints: If you believe that we have interfered with your privacy rights, you have the right to file a complaint with us. Please contact us, preferably in writing, to do so.

2. Introduction

2.1.1 The Company is committed to protecting the privacy of personal information we collect and store. We only collect information that is essential for the proper performance of our activities or functions as a service provider. We do not collect personal information for the purpose of unlawful discrimination. We may decline to collect unsolicited personal information and take measures to remove it from our systems.

2.1.2 This policy adheres to the 13 Australian Privacy Principles (APPs) outlined in the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amends the Privacy Act 1988. The APPs can be found on the Office of the Australian Information Commissioner (OAIC) website.

2.1.3 We collect personal information directly from you when you submit registration or application forms or any other information related to your application for work. As a contracted service provider to government agencies, we may collect and manage personal information as an agency under different privacy arrangements. If this applies, please contact us for more information.

2.1.4 This policy may be subject to change in light of changes to privacy laws, technology, and business practices. If you regularly use our website or conduct transactions with us that involve collecting your personal information, it is important to check this policy regularly to ensure you are aware of any consent, authorisation, or permission given.

3. Types of Information that we collect and hold

3.1.1 The types of personal information that we collect and hold depend on your relationship with us, such as whether you are a Candidate, Client, Referee, or Employee or Sub-contractor. We only collect information that is reasonably necessary for the proper performance of our activities or functions as a service provider. These types are:

• A Candidate - i.e. someone who is looking for a placement or work through us; or whom we have identified as a person who might be receptive to an offer of a placement or work through us
• A Client – i.e. someone other than a Candidate who is looking to acquire our services or whom we have identified as someone who might be interested in acquiring our services
• A Referee – i.e. a person from whom we have sought facts or opinions regarding the suitability of one of our Candidates for work or positions through us; and who may be a Referee nominated by the Candidate, a Client or us
• An Employee or Sub-contractor – a person or entity contracted by The Company to deliver services.

3.1.2 We only collect sensitive information with your consent and when it is essential for fulfilling our responsibilities as a service provider. This may include information necessary for verifying employment eligibility, determining qualifications for a job, or fulfilling a legal requirement. Our collection of certain types of sensitive information is also subject to anti-discrimination laws. If you choose not to provide personal information or use a pseudonym, we may be unable to provide our services in finding and placing you in a job.

3.1.3 If you choose not to provide us with your personal information or to use a pseudonym, it will prevent us from providing you with our services related to job placement.

3.2 For Candidates

3.2.1 The information we typically collect and hold about Candidates includes data necessary for evaluating their suitability for job offers and their availability for work, s well as information to help monitor their performance in positions obtained through our services. It includes:

• Data submitted and obtained from the Candidates and other sources in connection with applications for work
• Information about career plan and preferences
• Information about personality, character, skills, competencies, qualifications and experience
• Information about your health status and ability to undertake types of work
• Information about entitlement to work and ability to undertake types of work
• Information about any incidents in the workplace which may have occurred
• Information in relation to absences from work for any reason;
• Performance Information based on your work
• Your personnel information including contact details
• Personal banking details and your Tax File Number;
• Information required to determine a Candidate’s right to work in Australia.
• Information required to any criminal history checks and to obtain criminal history records; 

3.3 For Clients

3.3.1 The type of information we typically collect and hold about Clients is data that enables us to efficiently deliver and manage our services. This includes information related to the client relationship, position and hiring authority, team structures and roles, incidents in the workplace, client facility details, credit check and financial information.

3.4 For Referees

3.4.1 The information we typically gather and store about Referees is necessary to evaluate the qualifications of our Candidates for specific jobs or types of work. This may include:

• Details about the Referee's position, authority to provide a reference, and preferred contact information
• The Referee's assessment of the Candidate's character and job performance or work environment
• Supporting facts or evidence that align with the Referee's assessment, which may be based on their personal experience working with the Candidate.

4. Purposes

4.1.1 The personal information we collect is used for purposes that are deemed necessary for the proper functioning of our service provider activities. These purposes may include:

• For Candidates: work placement operations, pre-employment screening, staff management, training, remuneration, workplace health and safety, statistical analysis, and compliance with legal requirements.
• For Clients: client and business relationship management, review of workplace operations, health and safety management, credit checking, statistical analysis, and compliance with legal requirements.
• For Referees: confirmation of identity and authority to provide references and candidate suitability assessment.
• For Employees or Sub-contractors: managing contractual requirements, payment and security management.

4.2 How information is collected

4.2.1 Generally, we collect information directly from you. For Candidates, we gather information through applications, references, competency tests, and other sources such as professional registration or disciplinary matters. For Clients, we collect information when it is provided to us for business purposes. For Referees, we gather information from Candidates during their application process and from you when providing a reference. For Employees or sub-contractors, we collect information once they are engaged by our business to deliver services to a client. Additionally, we may also gather personal information about you from publicly available sources like newspapers, journals, directories, the internet, and social media sites, if it is reasonably necessary for the performance of our functions and activities as a service provider.

4.3 Photos & Imagery

4.3.1 We may ask you to provide us with identification documents such as a passport, visa, driver's license, or other relevant licenses to verify your identity in order to fulfill our service provider duties and responsibilities.

4.4 Electronic Transactions

4.4.1 We also gather personal information through our online platforms and social media channels, including sites like Facebook and Twitter. This information is used to enhance our website experience.

4.5 How your information is held

4.5.1 We keep your personal information in our information record system until it is no longer necessary for any of the purposes for which it was collected, after which it will be either de-identified or disposed of, as long as it is legally permissible for us to do so.

4.5.2 Your personal information is kept in our secure, cloud-based system, which is only accessible to authorised staff with unique login credentials. We take all necessary precautions to protect your information and keep it confidential, only using it for the purposes of our services as a service provider.

5. Disclosures

5.1.1 We may share your personal information for any lawful reason related to the primary purpose for which it was collected, or as required by legal duty or contract. This may include disclosure to our affiliates, clients, and referees for evaluation and screening purposes. We may also share information with third-party service providers that we contract for various services, such as software solutions, IT support, and background checking. We take appropriate measures to ensure that our service providers are bound by obligations to protect the confidentiality of your information and that they will not take any actions that could lead to a violation of our privacy obligations.

6. Access

6.1.1 You have the right to access the personal information that we hold about you, subject to certain exceptions outlined in privacy law. To request access, you will need to verify your identity. In some cases, such as when opinions have been provided confidentially during reference checks, we may not be able to provide access due to the impact it would have on the privacy rights of others. There may be a small fee for accessing your information and our Privacy Coordinator will discuss this with you. We will typically respond to your access request within five business days.

7. Correction

7.1.1 If you believe that the personal information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, you can request for it to be corrected by contacting us. We will take reasonable steps to ensure that the information is accurate, up-to-date, complete, relevant, and not misleading, taking into account the purpose for which it is held.

7.1.2 If you wish to be removed from our ICT system, please let us know. We will update your status to "inactive" and remove any information that we no longer have a need or obligation to keep.

7.1.3 There is no cost associated with correcting information. We will typically respond to your request within five business days.

8. Complaints

8.1.1 If you believe that we have mishandled your personal information, you have the right to file a complaint. Please submit your complaint in writing to us, and we will investigate the matter and take appropriate action.

8.1.2 You can also make complaints to the Office of the Australian Information Commissioner (http://www.oaic.gov.au/privacy/privacy-complaints). 

Modern Slavery Statement

Dated 29 Jan 2023

1. Overview

1.1.1 Arc Professional Services has a strict policy against modern slavery and exploitation in any form. This includes trafficking in persons, slavery, servitude, forced marriage, forced labour, debt bondage, the worst forms of child labour, and deceptive recruiting for labour or services. We are dedicated to minimising the risk of modern slavery within our business and supply chain. To mitigate this risk, we limit our services to the countries where our branches are located and comply with all relevant laws and regulations in these countries. We have determined that the risk of modern slavery among our direct workforce is low, and our policies and procedures further reduce this risk. However, we recognise that our greatest risk of exposure to modern slavery may be through our supplier relationships. We have identified and assessed potential risks within our supply chain in areas such as office cleaning, IT hardware, print and promotional goods and services, using indicators such as sector and industry risk, product and service risk, geographic risk, and entity risk.

1.2 Actions to Assess and Address Risks

1.2.1  Arc Professional Services is committed to identifying and addressing modern slavery risks in its operations and supply chains. To achieve this, we focus on three main principles:

• Building strong relationships with partners throughout the supply chain, including by providing awareness of modern slavery, communicating our expectations, and responding to potential inappropriate practices.
• Adopting a risk management approach to identify and evaluate high-risk areas for modern slavery and monitoring these risks.
• Recognising the impact our business practices can have on modern slavery and taking steps to influence change.

1.2.2 During the reporting period, Arc Professional Services included clauses in standard contracts to address workplace health and safety, pay, working conditions, and other statutory regulations, as well as anti-modern slavery clauses.

1.3 Governance

1.3.1 Arc Professional Services takes a comprehensive approach to assessing and addressing modern slavery risks in our operations and supply chains. This includes building strong relationships with our partners, both within and outside of our supply chain, and adopting a risk management approach to identify high-risk areas. Additionally, we recognise the power of our business practices to influence change and have implemented policies and procedures to help mitigate risks and promote responsible, ethical behaviour. These include an Anti-Bribery and Anti-Corruption Policy, Bullying and Harassment Policy, Code of Conduct, Equal Employment Opportunity and Anti-Discrimination Policy, Risk Management Policy, Work, Health, and Safety Policy Statement, and Whistleblowing Policy. All Arc Professional Services employees are required to comply with these policies and any violations may result in disciplinary action.

1.4 Remediation Measures Grievances and Complaints 

1.4.1 Arc Professional Services has a Whistleblower Policy that enables its employees, directors and contractors to raise concerns in a confidential manner. They can also report any suspected instances of modern slavery through this channel. To ensure the effectiveness of our actions, Arc Professional Services takes the following measures:

• Conducting on-site inspections of client locations to evaluate Work Health and Safety standards and addressing any substandard conditions that could contribute to modern slavery risks.
• Monitoring compliance with our standard contractor and commercial contracts.
• Maintaining open communication and engagement with contractors and clients to promote positive dialogue and address any concerns.
• Verifying that contractors comply with statutory working rights.
• Educating internal and external stakeholders about modern slavery risks and potential consequences.
• Providing a third-party confidential Employee Assistance Program for Arc Professional Services staff and contractors.
• Investigating and identifying any trends in modern slavery related grievances reported through our grievance mechanisms.

1.5 Labour Hire

1.5.1 Arc Professional Services holds a valid labour-hire license in the Australian Capital Territory and Queensland, with license numbers ACTLHL00001129 and LHL-07106-Z9F0X respectively. This license is in accordance with the WorkSafe ACT and QLD labour-hire licensing scheme, which aims to protect workers from exploitation by labour-hire providers and their clients, promote transparency and integrity in the industry, and encourage responsible practices. The company must meet strict qualifications and compliance standards, as well as regular reporting requirements. 

1.5.2 This policy was developed with input from relevant experts within the company, and was approved on January 29, 2023.