1. Your rights in relation to privacy
Future Leadership Pty Ltd td t/a CogNative Leadership Advantage (CLA) ACN 614 292 974 and JFE Global (NZ) Limited NZBN 9429047491953 (together “CLA”) understand the importance of protecting the privacy of an individual’s personal information.
This policy sets out how CLA aims to protect the privacy of your personal information, your rights in relation to your personal information managed by CLA and the way CLA collects, holds, uses and discloses your personal information.
In handling your personal information, CLA complies with the Privacy Act 1988 (Cth) (Privacy Act), the 13 Australian Privacy Principles in the Privacy Act, all other applicable Australian privacy and health records laws and any other applicable privacy and health records laws in relevant jurisdictions (eg the Privacy Act 2020 (NZ)), This policy may be updated from time to time.
2. What kinds of personal information does CLA collect?
Personal information is information or an opinion about an identified, or reasonably identifiable, individual.
CLA may collect your personal information during the provision of its products or services. The services provided by CLA include executive search, recruitment, interim executive, leadership coaching and consulting services.
Generally, the kinds of personal information CLA collects are:
- contact and identification information such as your name, address, telephone number, email address, date of birth, driver’s licence, or other types of verification details;
- where you are acting on behalf of another entity (whether as an employee, director or other representative), details of that entity and your relationship with it;
- where relevant, information about your ethnic origin, Indigenous status, language spoken at home and gender identity;
- where you are applying for or registering your interest in a position (either with a client or with CLA) and it is relevant to the assessment of CLA and/or the client (where applicable) of whether you are able to perform the inherent requirements of the particular role:
- information about your education, qualifications, experience and work history, resumes, references, directorships, and right to work in Australia;
- information about your current or previous roles including remuneration;
- sensitive information including:
- health information:
- where you consent to the collection of this information; or
- where you are applying for a position or registering your interest in a position (either with a client or with CLA) and it is relevant to the assessment of CLA and/or the client (where applicable) of whether you are able to perform the inherent requirements of the particular role or it is required by law or CLA and/or the client (where applicable) considers it reasonably necessary to meet work health and safety obligations, which may include your vaccination status information; or
- where you are applying for or registering your interest in a position (either with a client or with CLA), information about your criminal record, psychometric or competency assessments, social or cognitive diversity factors, where relevant to the recruitment process through which you must progress following your application to CLA;
- health information:
- where appropriate or legally required, information regarding your vaccination status and COVID-19 exposure or infection;
- where you are participating in CLA’s coaching or consulting services, information such as your career goals, work performance and areas for professional development; and
- other information required for CLA’s functions and activities, including where required by law.
In some circumstances CLA may also hold other personal information provided by you or by third parties on your behalf.
3. How does CLA collect personal information?
CLA collects your personal information directly from you, through the completion of a manual or online form, an interaction or exchange in person, or by way of interaction through our website, telephone, video conference, facsimile, email or post.
There may be occasions where CLA collects your personal information from other sources such as from:
- an information services provider;
- a publicly maintained record or other publicly available sources of information including social media and websites;
- job boards such as Seek and LinkedIn;
- if for recruitment purposes, background screening services providers, referees, third parties with whom you have previously worked, and/or educational institutions with whom you completed a qualification; and/or
- a psychometric or competency assessment tool.
Generally, CLA will only collect your personal information from sources other than you if it is unreasonable or impractical to collect your personal information from you.
4. Why does CLA need your personal information?
CLA collects, holds, uses and discloses your personal information for the purposes of providing its products and services, including executive search, recruitment, interim executive, leadership coaching and consulting services.
In particular, CLA may collect, hold, use and disclose your personal information for the purposes of:
- providing CLA products or services to you or the organisation you represent (as applicable) and all associated purposes including:
- to verify your identity and contact details;
- for invoicing and administrative purposes;
- to respond to any inquiries, feedback or complaints made by you; and
- engaging with you in your dealings with CLA;
- processing and assessing employment applications for current and future positions (either with a client or with CLA);
- enabling CLA to provide you with important information about its products and services (eg new roles with a client or with CLA becoming available);
- enabling CLA to promote its products or services to you;
- assisting CLA to improve its products or services including systems development and testing;
- identifying and informing you of other products or services that may be of interest to you from CLA or selected third parties;
- training CLA staff;
- your employment with, or engagement by, CLA;
- analysing market trends and needs;
- identifying potential clients and conducting market or client satisfaction research;
- accounting, billing and other internal administrative purposes;
- otherwise managing CLA’s internal business operations and processes; and
- complying with legal requirements.
CLA may also use your personal information for purposes related to the above purposes and/ or for which you would reasonably expect CLA to do so in the circumstances, or where you have consented, or the use is otherwise in accordance with law.
Where personal information is used or disclosed, CLA takes steps reasonable in the circumstances to ensure it is relevant to the purpose for which it is to be used or disclosed. You are under no obligation to provide your personal information to CLA. However, without certain information from you, CLA may not be able to provide its products or services to you.
5. To whom does CLA disclose your personal information?
CLA discloses your personal information for the purpose for which CLA collects it. That is, generally, CLA will only disclose your personal information for a purpose set out at paragraph 4. This may include disclosing your personal information to:
- clients and potential clients (noting that personal information will be de-identified unless you provide your consent to be identified to the client);
- third parties engaged to provide products or services to CLA including resume parsing, background screening, referencing checking, conducting psychometric or competency assessments, etc;
- third parties engaged to perform administrative, IT or other business management functions;
- people or entities considering acquiring an interest in CLA’s enterprise or assets;
- CLA’s professional advisors, agents, contractors, consultants and related bodies corporate;
- insurance providers;
- regulatory bodies if and as necessary, including during audit processes; and
- as required by law.
CLA’s disclosures of your personal information to third parties are on a confidential basis and/or otherwise in accordance with law. CLA may also disclose your personal information with your consent or if disclosure is required or authorised by law.
6. Overseas disclosures
CLA holds personal information on its secure databases that are hosted within Australia. CLA may disclose personal information to overseas recipients who are third party service providers in order for CLA to provide its services and/or products and for administrative or other business management purposes, including resume parsing and IT desktop support. Recipients of such disclosures are located in India, Philippines, Kenya, Serbia, Italy, Nepal, and Indonesia.
Overseas recipients may have different privacy and data protection standards. However, before disclosing any personal information to an overseas recipient, CLA takes steps reasonable in the circumstances to ensure the overseas recipient complies with the Australian Privacy Principles or is bound by a substantially similar privacy scheme unless you consent to the overseas disclosure or it is otherwise required or permitted by law.
If you have any queries or objections, please contact CLA’s Privacy Officer on the details set out in paragraph 11 below.
7. Direct marketing
CLA may collect, hold, use and disclose your personal information in order to inform you or the entity you represent of products or services offered by CLA or to facilitate business relationships. CLA markets its products and services by way of direct email and telephone contact, and through customer relationship management platform, HubSpot.
You can opt-out of receiving marketing communications by contacting CLA on the contact details set out in paragraph 11 or through any opt-out mechanism contained in a marketing communication.
8. Security of your personal information
CLA takes steps reasonable in the circumstances to ensure that the personal information it holds is protected from misuse, interference, and loss and from unauthorised access, modification, or disclosure.
CLA holds personal information in electronic form in secure databases, including by means of firewalls, encryptions, logins and password protection, accessible only by authorised users.
CLA also holds personal information in hard copy form, accessible only by authorised users with an office access pass. This information is stored for a minimum of 12 months before being either scanned or stored in electronic form or securely destroyed.
CLA limits the access to, and use of, personal information collected in providing coaching or consulting services to employees working in that business unit.
CLA will destroy or de-identify personal information on request or in circumstances where it is no longer required, unless CLA is otherwise required or authorised by law to retain the information.
9. Can you access and correct the personal information that CLA holds about you?
CLA takes steps reasonable in the circumstances to ensure the personal information it holds is accurate, up-to-date, complete, relevant and not misleading. Under the Privacy Act and other applicable privacy and health records legislation, you have a right to access and seek correction of your personal information that is collected and held by CLA.
If at any time you would like to access or correct the personal information that CLA holds about you, or you would like more information on CLA’s approach to privacy, please contact CLA’s Privacy Officer on the details set out in paragraph 11 below.
CLA will grant access to the extent required or authorised by the Privacy Act and other applicable privacy and health records legislation, and take steps reasonable in the circumstances to correct personal information where necessary and appropriate.
To obtain access to your personal information:
- you will have to provide proof of identity to ensure that personal information is provided only to the correct individuals and that the privacy of others is protected;
- CLA requests that you be reasonably specific about the information you require; and
- CLA may charge you a reasonable administration fee, which reflects the cost to CLA for providing access in accordance with your request.
CLA will endeavour to respond to your request to access or correct your personal information within 30 days from your request.
When accessing CLA’s website, CLA uses ‘cookies’ which are small pieces of information sent from the website and stored by your browser on your computer’s hard drive. Cookies that CLA uses enable its systems to provide features of its products or services and allow you to visit its website without re-entering your username and/or password, personalise and improve your experience, and improve the functionality and user-friendliness of its products or services and monitor how its website is used through your computer.
This information is used by CLA to improve and tailor its website functionality and better understand how you interact with CLA’s products and services and to monitor aggregate usage and web traffic routing on its website. You can modify your browser setting by editing your browser options to reject CLA’s cookies or to prompt you before accepting a cookie. However, if a browser does not accept cookies or if you reject a cookie, some portions of CLA’s online services may not function properly.
11. How to contact us
For further information or enquiries regarding your personal information, or if you would like to opt-out of receiving any promotional or marketing communications you are currently receiving, please contact CLA’s Privacy Officer at email@example.com
12. Privacy complaints
Please direct all privacy complaints to CLA’s Privacy Officer. At all times, privacy complaints:
- will be treated seriously;
- will be dealt with promptly;
- will be dealt with in a confidential manner; and
- will not affect your existing obligations or affect the commercial arrangements between you and CLA.
CLA’s Privacy Officer will commence an investigation into your complaint. You will be informed of the outcome of your complaint following completion of the investigation. In the event that you are dissatisfied with the outcome of your complaint, you may refer the complaint to the Office of the Australian Information Commissioner.