Specialists in Legal
PRIVACY POLICY
1. Who does this policy apply to and what does it cover?
​This policy describes how Fogarty Search handles personal information collected from individuals (Policy).
​Fogarty Search is an Australian owned and managed legal recruitment agency with offices in Melbourne.
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2. What is our privacy commitment to you?
​We are committed to complying with our obligations under the Privacy Act 1988 (Cth) (Privacy Act) by protecting the privacy and confidentiality of your personal information.
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3. What kinds of personal information do we collect and hold?
​The kinds of personal information that we collect from you will vary depending on our relationship with you. These relationships have been categorised as:
​“Candidates” which include all individuals who approach us, or are referred to us, seeking work with us or our Clients.
​“Clients” which include all individuals and companies who we deal with for the purpose of providing recruitment solutions and services for their business.
​“Referees” which include all individuals who we deal with in assessing our Candidates’ capabilities and suitability for employment.
​Candidates
If you are a Candidate, we collect personal information about you that is reasonably necessary for us to determine your suitability for work with us or through us. The main types of personal information we collect about you as a Candidates are:
- your name and contact details including your address and telephone numbers;
- your date of birth;
- your gender;
- information in your cover letter, resume and application forms including your skills, qualifications, work history, references, goals and interests;
- details of your work rights in Australia and other countries;
- tests or assessment results conducted by us or other parties;
- the results of police checks, working with children checks or other background checks;
- medical reviews or assessments of you;
- salary/hourly rate expectations held by you;
- current job options that you may have;
- your availability to commence work with or through us;
- sensitive information that you consent to providing to us including health information, criminal convictions that you or your Referee provide to us; and
other information that you, your Referees or our Clients provide to us, including opinions about you and notes of our interactions with you and/or others in relation to your suitability for work with or through us.
​Clients
If you are our Client, we collect personal information that is reasonably necessary for us to provide the best recruitment solutions for you and your business needs. The main types of personal information we collect about you as our Client are:
- your contact details including your address and telephone numbers;
- details of your job title/description and organizational needs; and
- records of our interaction with you and confidential feedback you may give us regarding our Candidates.
​Referees
If you are a Referee, we collect personal information that is reasonably necessary for us to determine a Candidate’s suitability for work with us or through us. The main types of personal information we collect about Referees are:
- your contact details including your address and telephone numbers;
details of your job title/description; and
- your confidential opinions about a candidate and their suitability for work with or through us.
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4. How do we collect your personal information?
​Your personal information (including sensitive information) is collected as a result of your dealings with us.
​We collect personal information from you directly unless it is unreasonable or impracticable to do so.
​Candidates
If you are a Candidate, the ways in which we collect personal information about you are when:
- you provide your resume, complete an application form or undergo an aptitude test or other testing with us;
- you voluntarily undertake, and we receive the results of, a medical review or assessment;
- you voluntarily undertake, and we receive the results of, a police check, working with children check or other background check;
- you voluntarily undertake, and we receive the results of, a skill assessment or training by a third party;
- a Referee (whose details we obtain with your consent) gives his or her confidential opinion about a Candidates’ work history or suitability for work with or through us
- we receive confidential feedback (negative or positive) about a Candidate from a Client; and
- we receive a complaint or report related to a Candidate conduct by a Client or others;
​Clients
If you are a Client, the ways in which we collect personal information about you are when:
- we meet you or interact with you and you express an interest in our services; and
- when you provide your opinion or feedback regarding one of our Candidates.
​Referees
If you are a Referee, the ways in which we collect personal information about you are when:
- a Candidate provides us with your details and informs us that you have consented to such collection; and
- when we take notes of our dealings with you including your opinions of a the suitability of a Candidate for work with or through us.
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General
In general, if you contact us, we may keep a record of that correspondence. Personal information is collected with the consent of all workplace participants. All Candidates registering for work through will be asked to sign a verification and consent clause. Candidates should talk to their Referees to ensure they consent to their contact details being provided to us.
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5. Can I refuse to give Fogarty Search my personal information (including sensitive information)?
​You can refuse to provide us with your personal (including sensitive) information. However if you refuse to provide us with this information, we may not be able to provide our services to you. For example, if you are Candidate, we may not be able to consider your application for work with or through us.
​6. For what purposes do we collect, hold, use and disclose your personal information?
We collect, hold, use and disclose personal information in order to provide a range of recruitment services for our Candidates and Clients and to comply with our legal obligations.
​The purpose of collecting personal information includes but is not limited to:
- assessing the suitability of and potentially offering Candidates work with our Clients;
- contacting a Candidate’s Referee;
facilitating interviews and other arrangements between our Candidates, Clients and us;
- improving the services that we offer our Clients and Candidates;
- better understanding the needs of our Clients and potential Clients;
- offering our Clients and potential Clients recruitment solutions and news updates by direct marketing;
- carrying out administrative functions such as billing;
- ensuring that we, our Clients and our Candidates are meeting their obligations under relevant legislation as well as under our Candidates contract of employment; and
- properly training and managing Candidates;
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7. How do we use your personal information?
​We use your personal information primarily to allow us to carry out the activities and functions listed above.
We also use your personal information for secondary purposes related to those activities or when allowed under the Privacy Act.
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8. Do we disclose your personal information to others?
​Candidates
If you are a Candidate, and you consent, we may disclose your personal information to:
- Clients and potential Clients to help you obtain work;
- Referees to assess your suitability for work with or through us;
- various bodies to conduct background or other checks; and
- affliate recruitment agencies based overseas, with your consent.
​Clients
If you are a Client we may disclose your personal information including your opinions of a Candidate by way of feedback to Candidates for coaching purposes.
​Referees
If you are a Referee, we may disclose your personal information to our Clients or potential Clients. We may also be required to provide some of your personal information to the Candidate that you provide a reference for. However, we understand that personal information including your opinions about a Candidate is often provided on a confidential basis by you as a Referee and we will endeavour to only provide information as required by law.
​General
There may be times when we need to disclose your personal information to third parties for the purpose of allowing us to carry out the activities listed above.
​For example, from time to time, we engage external companies to carry out mail services, IT storage services and software related services. These external companies only have access to the information necessary to provide services to us.
We may also disclose your personal information to our insurers, professional legal or financial advisers.
We may also use and disclose personal information about you for the other purposes related to reviewing our services, marketing our services or improving our services.
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9. Are we likely to disclose personal information overseas?
We may disclose your information overseas to affiliate agencies if, as a Candidate you are looking to relocate overseas and have provided permission for us to disclose this information.
​We use secure cloud storage services. This involves the use of servers that may be located in other countries and constitutes a disclosure under the Privacy Act.
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10. Using our website
​The website operated by us may collect personal information for the purposes outlined in this Privacy Policy. It may also use cookies.
​Any information collected as a result of your use of websites operated by us will be handled in accordance with this Privacy Policy.
​The websites operated by us may contain hyperlinks to other websites including those operated by third parties.
​The links are provided for reference only. We do not have any control over these external websites. We are not responsible for the content on these sites or the privacy practices adopted by these sites.
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11. How do I access, update or correct the personal information held by us about me?
​You can request to access the personal information we hold about you by contacting us.
​We will not charge you for making the request. However, we may need to charge you for our time to answer your request. We will advise you in advance if there are to be any charges associated with complying with your request. We will respond to your request in a reasonable time frame (usually not more than 30 days). When you request access we may need further information from you to verify your identity.
​There are a number of reasons we may be unable to give you access to your information. If we are not able to provide access to your information we will provide you with our written reasons.
​Importantly, if you are a Candidate, information provided by Referees or from Clients about you are often given on a confidential basis. Accordingly, disclosing the opinions given by a Client or Referee is likely to have an unreasonable impact on the privacy of those individuals. When determining whether to provide access to such information we will consider the nature of the personal information about the other individuals and the reasonable expectation of those other individuals.
​We may also refuse access to personal information if to do so would reveal evaluative information generated by us in connection with a commercially sensitive decision making process. If we refuse access on this ground we may give you an explanation for the commercially sensitive decision rather than direct access to the information.
If you believe any of the personal information that we hold about you is incorrect you can ask us to correct it.
If asked to correct your personal information, we will take reasonable steps to correct the information to ensure that it is accurate, up to date, relevant and not misleading. If we refuse to correct your personal information we will give you written reasons.
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12. How do I make a complaint about privacy at Fogarty Search?
If you believe we have breached the Privacy Act or any of the Australian Privacy Principles or if you want to raise any issues you may have about privacy, please contact us.
​In making a complaint to us about privacy, please give us enough details to be able to identify your concerns and response appropriately. You must provide us with your name and contact details and a description of your complaint. We will respond to you in a reasonable time frame (usually not more than 30 days). If you are unhappy with how we handle the complaint you have a right to take the complaint to the Information Commissioner.
​You can contact us at tim@fogartysearch.com.au.
