Privacy Policy

1. General

1. This Privacy Policy applies to all Personal Information collected by as Think Resourcing Pty Ltd ABN 91 655 022 496 trading as KAVN (KAVN, we or us). KAVN is committed to complying with its obligations under the Act in respect of that information. In this Privacy Policy, we explain how and why we collect your information, how we use it, and what controls you have over our use of it.
2. Please read this Privacy Policy carefully. Your use of any part of our Website or consent to participate in the Services will constitute your consent to the collection, transfer, processing, storage, disclosure and other uses of your Personal Information in accordance with this Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, please do not use our Website or Services.
3. This Privacy Policy is subject to change at our discretion. The current version will always be available on our Website at https://www.kavn.au.

2. Definitions

1. In this Privacy Policy:
   1. Act means the Privacy Act 1988 (Cth);
   2. Employee Record Exemption means the exemption contained in 7B of the Act, as updated from time to time;
   3. KAVN, we or us means Think Resourcing Pty Ltd ACN 655 022 496 trading as KAVN,a proprietary limited company incorporated in Australia and its associated entities as appropriate;
   4. OAIC means the Office of the Australian Information Commissioner;
   5. Personal information means information about you which personally identifies you or may reasonably be used to personally identify you and otherwise has the meaninggiven to that term in the Act;
   6. Sensitive information has the meaning given to that term in the Act;
   7. Website means https://www.kavn.au or any other website from time to time from which the Services are promoted and/or delivered, including without limitation any third party websites; and
   8. Services means the services that are to be provided by Think, including without limitation, assessing the suitability of employees/contractors or prospective employees/contractors for the purposes of delivering recruitment and candidate placement services to third parties; and
   9. you means you and anyone acting on your behalf or with your implied authority.

3. Employee Record Exemption

1. This Privacy Policy will apply to the extent that our activities are not covered by the Employee Record Exemption.

4. Types of Personal Information we collect

1. We collect and hold various types of Personal Information, including:
   1. personal details, including your name, preferred pronouns, gender, date of birth,
      location of workplace and any other personal details that you provide to us as part of
      the Services;
   2. contact details, including your email address, mailing address, telephone number, emergency contact information, and any other contact details that you provide to us as part of the Services;
   3. photographs of you contained in identification documents, which may reveal Sensitive information about you, including your ethnicity or race;
   4. engagement records, including engagement, training and disciplinary action information, terms of engagement information, remuneration details, membership of a professional or trade association (as applicable), trade union membership (as applicable), recruitment information (including copies of references, CV information, cover letters, past employment information and checks (as required), or any other documents submitted in the application process), leave entitlements, superannuation details and Government Related Identifiers (only for collecting, using or disclosing as reasonably necessary for delivery of the Services by us); and
   5. technical details, including internet protocol (IP) address, your login data, browser type and version, access times, webpage you were directed from, webpage(s) or content you historically accessed for us, time zone settings and location (as applicable), browser plug-in versions and types, operating system and websites, and other technology in devices used to access our Website or our systems during the period in which we provide the Services to you;
   6. usage records, including information about the usage of our Website and Information retrieved from ‘cookies’;
   7. access records, including swipe card access logs, and access to our databases and systems during the course of delivering the Services to you;
   8. marketing and communication preferences, including preferences in retrieving marketing from us or communications, including our third parties (as applicable);
   9. financial information, including bank account details, payroll records and tax status information;
   10. health information, including allergy information, notifiable health conditions for compliance with work, health, and safety requirements, and any other health information you provide us as part of your engagement;
   11. travel information, including information relating to any travel accounts, including but not limited to frequent flyer or travel points (as required);
   12. any other Personal Information that may be required in order to facilitate your dealings with us.

5. How we collect Personal Information

1. We may collect Personal Information when:
   1. we request that Personal Information from you to facilitate your engagement or position with us, including to create a contract of engagement to pay you your wages;
   2. you access, use, provide feedback or otherwise interact with our Services or our Website, including through third party websites connected or integrated with us;
   3. a third party accesses, uses or otherwise interacts with our Services or our Website and provides your Personal Information to us for the purpose of us performing or evaluating our Services for the benefit of the third party;
   4. you communicate with our staff or representatives during the course of us entering, or proposing to enter into a contract of engagement with you, or otherwise managing your engagement with us;
   5. we solicit it from, or it is provided to us by, any person connected with our provision of the Services to you; or
   6. you otherwise deal with us in the course of our business.
2. Where we solicit Personal Information, we only collect:
   1. non-Sensitive Information, if it is reasonably necessary for the Services we provide; and
   2. Sensitive Information, if it is reasonably necessary for or directly related to Services we provide and you have consented to its collection, or its collection is permitted or authorised by law.
3. If we solicit Personal Information, we will generally solicit it directly from you, unless it is unreasonable or impracticable for us to do so. Where we collect Personal Information about you from a third party without your prior consent, we will take reasonable steps to inform you that we have collected Personal Information.
4. You can always decline to provide us with any Personal or Sensitive Information we solicit, but that may mean we cannot provide you with the Services you have requested. We are unable to provide our Services if you choose to not identify yourself or use a pseudonym.
5. We will collect additional Personal Information in the course of job-related activities throughout the period of you working for us.
6. If we receive unsolicited information that we would not otherwise have collected, we will take reasonable steps, acting as soon as practicable to de-identify or destroy the information where lawful and reasonable to do so.

6. How we store and protect Personal Information

1. We prioritise the security of your Personal Information whilst it is in our possession.
2. We may hold Personal Information in various forms, including without limitation physical documents, electronic records, visual records and audio recordings. Physical files are kept securely inside our access-controlled premises. Electronic files are stored securely on protected information systems and are only accessible through our secure network. We maintain physical security over our paper and electronic data stores, and confidentiality agreements form part of the employment contracts for all of our staff members and contractors.
3. We take reasonable steps to:
   1. ensure that Personal Information we collect is accurate, up-to-date, complete and relevant, other than where it is only collected to provide advice in respect of a particular point in time, in which case we will seek to ensure it is accurate, complete and relevant as at that particular point in time;
   2. ensure that Personal Information we use or disclose is accurate, up-to-date, complete and relevant, having regard to the purposes for which Personal Information is used or disclosed;
   3. protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure; and
   4. destroy or de-identify Personal Information which we no longer need for the purposes for which it was collected, except where it is necessary to retain it in order to maintain ongoing records for our clients.
4. We cannot guarantee the security of information transmitted via the internet. As such, transmission of Personal Information via the internet is at your own risk and we cannot be held responsible for the security of such information. This includes transmission of your Personal Information to or from third parties via the internet.
5. Your use of, or the supply of your information to, third parties who supply us with information, or who we are required to supply information to, in connection with the Services is entirely at your own risk and we make no representations or warranties regarding third parties’ privacy practices and the extent to which you may be covered by these policies in connection with any work you do for third parties in connection with the Services.

7. Why we collect, hold, use and disclose Personal Information

1. We collect, hold, use and disclose Personal Information for the following purposes:
   1. for the purpose(s) for which it was disclosed to or collected by us, including;
      1. facilitating interactions with you in the course of operating our business;
      2. responding to your enquiries and information requests;
      3. making a decision about your employment or engagement with us;
      4. making a decision about your placement with a third party for the purposes of providing the Services;
      5. confirming your legal entitlement to enter a contract of employment or engagement with us and your fitness to work (as required);
      6. paying you, and if you are an employee for tax purposes, withholding tax (as required by law) and paying superannuation entitlements;
      7. administering the contract of engagement that we have entered into with you;
      8. business management and planning, including accounting and auditing;
      9. conducting performance reviews, managing performance and determining performance requirements;
      10. making decisions about salary reviews and compensation;
      11. assessing qualifications for a particular job or task, including decisions about promotions;
      12. gathering evidence for possible grievance or disciplinary hearings, including dealing with legal disputes involving you and other employees, workers and/or contractors;
      13. making arrangements for the termination of our working relationship;
      14. education, training and development requirements;
      15. storing information at third-party data centres;
      16. performing quality assurance, IT security and ordinary business operations;
      17. updating your Personal Information; and
      18. omplying with our legal obligations;
   2. for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose for which it was collected; and
   3. for any other purposes for which you have consented from time to time.
2. The above purposes include using and disclosing your Personal Information:
   1. where we need to perform the contract of engagement we have entered with you;
   2. where we need to comply with our legal obligations, including reporting to regulatory bodies (if required);
   3. where it is necessary for the legitimate interests pursued by us or a third party and your interests and rights do not override those interests;
   4. to supply the Services to you or the third party requesting the Services;
   5. to run analytics on the use of our Website and otherwise to improve our Website on an anonymised and de-identified basis;
   6. to respond to your enquiries and provide you with relevant information;
   7. to update your Personal Information; and
   8. for any other uses identified at the time of collecting your Personal Information.
3. We may disclose your Personal Information to such persons as is necessary to achieve the above purposes. This will often include disclosure to third parties related to your engagement with us or the provision of the Services by us, including without limitation, a professional association or registration body that has a proper interest in the disclosure of your Personal Information.
4. We may use or disclose Personal Information for secondary purposes where it would be reasonable to expect us to do so, and that secondary purpose is related (or directly related in the case of Sensitive Information) to the primary purpose.

8. Direct marketing

1. If we send you direct marketing communications and information via mail, email or social media platforms about our Website, we will only do so with your express consent and for the primary purpose disclosed in gaining that consent.
2. If you provide your consent to receive direct marketing communications, you may opt-out of receiving marketing communications from us by contacting us at the details below.
3. We do not provide your Personal Information to other organisations for the purposes of their direct marketing. If we provide direct marketing communications or information, our emails will be designed to be compliant with anti-spam laws, including Australia’s Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). If you believe you have received mail in violation of these laws or any other anti-spam law, please contact us using the contact information in this Privacy Policy.

9. Unsolicited Information

1. If you provide Personal Information that we have not requested, we will only retain it in limited circumstances. We will only retain the unsolicited information if it is reasonably necessary for us to perform your contract of engagement with us, and you have consented to the information being collected, or it was not practical or reasonable for us to obtain your consent under the circumstances.
2. If these conditions are not met, we will destroy the unsolicited information. If the unsolicited information we receive about you is Sensitive Information, we will always obtain your consent.

10. Overseas disclosure

1. It is unlikely that we will need to disclose your Personal Information to an overseas recipient or otherwise store your Personal Information overseas. If we do need to do so, this will be limited to third party providers of services such as website hosting, data storage, electronic communications and data analysis. Any such disclosure will be done in accordance with the Act.
2. We will attempt to ensure that persons to whom the disclosed Personal Information relates have comparable rights in relation to that information once disclosed overseas.

11. Using our Website and cookies

1. To improve your experience on our Website, we may use ‘cookies’, being small data files that are served by our Website and stored on your device. These are used by us or third parties for a variety of purposes including to operate and personalise the Website.
2. We use cookies and other digital identifiers that fall largely within the following three categories:
   1. Necessary Cookies: these are required to enable the basic functions of the Website, and do not store any personally identifiable information;
   2. Functional Cookies: these provide information on how the Website is used so that we can make the necessary improvement or changes to enhance your experience;
   3. Analytics Cookies: these give us the statistics to understand how many people are on the Website, which areas are most popular and which areas require improvement; and
3. You may refuse to accept cookies by selecting the appropriate setting on your internet browser. However, please note that if you do this, you may not be able to use the full functionality of our Website.

12. Third parties

1. Our Website may contain links to websites of third parties that may be of interest to you. Third party websites are responsible for their own privacy practices, and you should review their respective privacy policies and terms of use. We make no representation as to the accuracy or completeness of the information contained on third party websites.
2. We are not responsible for such third parties or any associated websites or resources that relate to them. If you access such websites or resources, you do so at your own risk, and we make no representations or warranties regarding third parties’ privacy practices. We encourage you to read the privacy policies of every such third party, associated website or resource that you use or that your information is provided to.

13. Data Retention

1. We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
2. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
3. Where we anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, we may use this information indefinitely without further notice to you.

14. How you can access or correct Personal Information

1. We are committed to maintaining accurate, timely, relevant and appropriate information.
2. Where requested and provided such request does not relate to employee records subject to an exemption under the Act, we will provide you with a copy of the Personal Information that we hold which relates to you, provided that the request is made in accordance with the APPs (contained in the Act). We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant or misleading.
3. There are no charges for requesting access to or the correction of your Personal Information, however if the volume of information we hold is excessively large, we reserve our rights to charge you any reasonable administration fees (including fees for photocopying) associated with your request.
4. You may contact us to access your Personal Information or to correct inaccurate, out-of-date, incomplete, irrelevant or misleading Personal Information by:
   Email: redefined@kavn.au
5. We will respond to those requests within 30 days in accordance with our obligations under the Act. If we refuse a request to access or correct Personal Information, where reasonable, we will provide our reasons for doing so and information about your ability to complain about such refusal.
6. In order to protect the confidentiality of your Personal Information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you. Accordingly, we may request documentation from you which confirms your identity before passing on any Personal Information which relates to you.

15. Making a complaint

1. Complaints about our Privacy Policy or our collection, use, disposal or destruction of your Personal Information should first be directed to us at the details set out above.
2. We will investigate and attempt to resolve your complaint in accordance with the Act. If you are not satisfied with the outcome of this process, then you may contact the OAIC.

16. Privacy Policy changes

We may change this Privacy Policy at our discretion. If we do so, the latest version of our Privacy Policy will be available on our Website, and it will apply to all your Personal Information held by us at that time.

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17. Further information

1. If you require any further information or have any queries regarding our Privacy Policy, please contact us at the details set out above.
2. Should you wish to read more information on the Act, we recommend that you visit the website of the OAIC at www.oaic.gov.au.