TMS Talent Privacy Statement
This Privacy Statement applies to TMS Talent Pty Ltd (ABN 56 161 213 485) and all related companies as defined under the Corporations Act 2001 (Cth). All references to “TMS Talent”, “TMS”, “we”, “us”, or “our” in this document are references to TMS Talent Pty Ltd.
PROTECTING YOUR PRIVACY IS IMPORTANT
TMS Talent understands that your personal information is important to you and is committed to protecting your privacy. TMS Talent is guided by the Australian Privacy Principles outlined in the Privacy Act 1988, the GDPR and other applicable laws governing privacy. Where appropriate, TMS Talent will handle personal information relying on the related bodies corporate exemption and the employee records exemption in the Privacy Act and any other applicable exemptions in other legislation.
INFORMATION WE COLLECT ABOUT YOU
TMS Talent generally collects some or all of the following personal information about you when you access our web site, submit a resume for our consideration or when you are in contact with a TMS Talent representative:
- your name including any use of a pseudonym;
- your address and contact details;
- your employment history;
- your bank account details and Tax File Number;
- referee opinions;
- interview opinions; and
- any other information that you have supplied on your resume or in communications with a TMS Talent representative.
HOW WE OBTAIN YOUR PERSONAL INFORMATION
We obtain most of your personal information directly from you, for example:
- when you access our site;
- when you submit your resume to us; and
- each time you communicate with a TMS Talent representative (by phone, fax, email or in person).
We also collect some of your personal information from third parties including:
- employment websites & apps;
- reference checks with referees; and
- networking with your peers.
WHY WE COLLECT YOUR PERSONAL INFORMATION
TMS Talent collects personal information about you to carry out its business functions and fulfil its obligations to you, including in relation to:
- determining if you are suitable for a position;
- contacting you if a position becomes available that you may be interested in;
- submitting your details to a client for a potential position;
- notifying clients of your skills and availability for any future positions;
- complying with government legislation (eg: we collect your tax file number to complying with taxation and superannuation requirements);
- administration of payments to you, which may include the processing of sensitive information about you (eg: sick leave); and
- marketing activity
- inform you of work opportunities or other events such as training or information sessions
- providing you with the opportunity to obtain benefits through direct marketing (however you will always be given an opt-out option in relation to further direct marketing).
In addition, TMS Talent may occasionally be required by law to collect, use and disclose your personal information, for example in order to comply with the requirements of government departments for business data.
USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
Your personal information may be disclosed to:
- prospective employers or entities seeking to fulfill positions (this may also include your buy rate if TMS Talent is operating under a preferred supplier agreement);
- staff of the departments responsible for administering the processes described above;
- third parties such as agency partners for the purpose of direct and indirect marketing;
- partners or suppliers for the purpose of research, development, business systems and infrastructure testing and other business purposes to assist us in providing our services to you; and
- related bodies corporate and third parties for the administration and provision of selected benefits and services (eg: training and superannuation).
Your personal information may be transferred overseas, for the purposes and processes described above (for example, submitting your resume for an international position). The following countries where your personal data may be sent to & stored are the United Kingdom, European Union, Malaysia, Thailand, New Zealand and Australia.
We do send information overseas. Sometimes, we transfer or disclose information to third parties including to persons and businesses outside jurisdictions TMS Talent operates in. These transfers are made in order to assist us to provide you with the products and services, and/or to improve the products and services we offer you. Where we transfer information to persons outside our operating jurisdictions we take reasonable steps to ensure that the recipients of such information do not breach the Australian Privacy Principles, where appropriate the GDPR and other laws in relation to that information by entering into binding contractual arrangements with such third parties
HOW TO ACCESS, CORRECT OR UPDATE YOUR PERSONAL INFORMATION
TMS Talent relies on the accuracy of the personal information you provide to us. To the extent authorised by the Australian Privacy Act, GDPR and other applicable laws, you can access and amend your personal information held by TMS Talent. If you wish to request access to, find out more about or seek amendment of your personal information held by TMS Talent, you should contact the Privacy Inquiry Service (contact details below).
SECURITY OF YOUR PERSONAL INFORMATION
TMS Talent will take reasonable steps to ensure that we hold your personal information in a secure environment accessed only by authorised persons for approved business purposes.
However, no data transmission across the internet can be guaranteed to be 100% secure. While we strive to protect your personal information from misuse, loss and unauthorised access, we cannot guarantee the security of any information you transmit to us or receive from us across the internet. These activities are conducted at your own risk. Once we receive your transmission we make our best effort to ensure its security.
In the event of a data breach, TMS Talent is committed to complying in all respects with the requirements of all Australian Privacy Laws and where required, the provisions of the GDPR. You can also play an important role in keeping your Personal Information secure, by maintaining the confidentiality of any password and accounts used on the Site or Portal. Please notify us immediately if there is any unauthorised use of your account by any other Internet user, or any other breach of security relating to your account.
PRIVACY INQUIRY SERVICE
Please contact the Privacy Inquiry Service (firstname.lastname@example.org) if you wish to:
- report any relevant notifiable data breach you may become aware of;
- request access to, find out more about or seek amendment of your personal information held by TMS Talent;
- inquire generally about your privacy rights and obligations;
- provide suggestions or feedback in respect TMS Talent’s handling of personal information;
- or make a complaint in relation to TMS Talent’s handling of your personal information.
If you are a resident of the European Union for the purposes of the GDPR, then in addition to what is set out above, the following applies to you. TMS Talent is a data controller and processor for the purposes of the GDPR and by your consenting to this Privacy Statement, TMS Talent is able to processes your Personal Data in accordance with this Privacy Statement. Our Contact details are set out in the “Privacy Inquiry Service” paragraph above. In providing its services to you, TMS Talent may make use of a number of automated processes using your Personal Data and your activity on our Site as tracked by us, in order to provide more tailored and relevant services to you such as providing recommended job opportunities to you through email communication, and on the Site or within our Portal. TMS Talent may also use such data in automated processes aimed at providing more tailored and relevant services to our Clientele and prospective Clientele.
In addition to your rights set out above, you may:
- update or rectify any of the Personal Data that we hold about you, in the manner described in the “How to Access, Correct or Update Your Personal Information ” paragraph above;
- withdraw your consent to TMS Talent’s use of your Personal Information as described in this Privacy Statement by deleting your account. This will also delete all the Personal Data about you which we hold. This can be done by sending a request to email@example.com;
- request that TMS Talent:
– provides you with a copy of the Personal Data Talent holds about you in a portable and machine readable form; or
– share your Personal Data with a nominated third party.
You may request that from us by contacting us using any of the methods set out in the “Privacy Inquiry Service” paragraph above.
Should you have any concerns in relation to TMS Talent’s collection and/or processing of your Personal Data, then in addition to the process set out in the “Privacy Inquiry Service“ paragraph set out above, you have the right to complain to a supervisory authority (within the meaning of the GDPR). Our representative details for the purposes of the GDPR will be provided by sending a request to firstname.lastname@example.org.