2.1 Except to the extent that any contrary intention is expressed, this Policy

(a) applies when Martian Logic collects, uses, disposes, stores, accesses or corrects your Personal Information; and

(b) must be read in conjunction with the Privacy Act including the Australian Privacy Principles.

2.2 Capitalised terms used in this Policy are defined in clause 17.

2.3 Martian Logic may update or revise this Policy at any time.

3. Personal Information means information or an opinion about an individual (who can reasonably be identified), whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

4.1 Except to the extent that any contrary intention is expressed, this Policy

(a) applies when Martian Logic collects, uses, disposes, stores, accesses or corrects your Personal Information; and

(b) must be read in conjunction with the Privacy Act including the Australian Privacy Principles.

4.2 Martian Logic may also collect Personal Information from you if you contact Martian Logic (for example, through our website, by phone or by email) and do not fall into one of the categories identified in clause 4.1.

4.3 From time to time, Martian Logic may collect additional information related to specific services or activities. Wherever practicable, Martian Logic will advise you of the information being collected and provide you with an opportunity to refuse the collection of that information.

4.4 If you are a Candidate, Martian Logic may collect Personal Information about you that is reasonably necessary for a Client to determine your suitability for the position for which you are applying.

4.5 Martian Logic may also collect Personal Information from a Candidate for the purpose of conducting a Nationally Coordinated Criminal History Check through the National Police Checking Service on behalf of a Client.

4.6 Martian Logic collects a wide range of Personal Information about Candidates, which may include:

(a) your name;

(b) your contact details, including your addresses (present and past) and telephone numbers;

(c) your date of birth;

(d) your gender;

(e) information in your covering letter, resume and application forms, including your skills, qualifications, work history, references, goals and interests;

(f) your current and former employment details, including the identity and contact details of any current and former employers;

(g) your citizenship, migration and visa status and details of your work rights in Australia and other countries;

(h) your tax file number and superannuation details;

(i) copies of your identity documents including your driver’s licence, identity card, passport or Medicare card;

(j) your biometric information including your signature and image;

(k) your financial information, such as credit card numbers, bank account details and other payments details;

(l) your criminal history including any information contained in the results of a Nationally Coordinated Criminal History Check;information about what services you receive from Martian Logic;

(m) information about what services you receive from Martian Logic;

(n) things you say or do (or things said about you) in connection with the services you receive from Martian Logic; and

(o) any other information you choose to supply to Martian Logic including through the Martian Logic Platform.

4.7 If you are a Client, Martian Logic may collect Personal Information that is reasonably necessary for Martian Logic to provide our on-boarding platform service.

4.8 Martian Logic collects a wide range of Personal Information about Clients, which may include:

(a) your contact details, including your name, address and telephone numbers;

(b) details of your required job title or job description and your organisational/employment/human resource needs;

(c) information about what kind of business you conduct;

(d) your financial information, such as credit card numbers, bank account details and other payment details;

(e) information about what services you receive from Martian Logic;

(f) things you say or do (or things said about you) in connection with the services you receive from Martian Logic;

(g) records of our interactions with you and confidential feedback you may give Martian Logic regarding Martian Logic’s services including its website, software and the Martian Logic Platform; and

(h) any other information you choose to supply to Martian Logic including through the Martian Logic Platform.

4.9 If you are a Referee, Martian Logic may collect Personal Information that is reasonably necessary for a Client to determine a Candidate’s suitability for work.

4.10 Martian Logic collects a wide range of Personal Information about Referees, which may include:

(a) your contact details, including your name, address and telephone numbers;

(b) your current and former employment details, including the identity and contact details of any current or former employers and your current or former job titles or descriptions;

(c) your confidential opinions about a Candidate and their suitability for the position offered by a Client; and

(d) any other information you choose to supply to Martian Logic including through the Martian Logic Platform.

5.1 Martian Logic may collect your Personal Information:

(a) when you submit your Personal Information to Martian Logic including any information you provide to through the Martian Logic Platform and as a result of your dealings with Martian Logic;

(b) by recording information that you provide to Martian Logic, by electronic means, and the observations of Martian Logic’s staff; and

(c) from third parties, including Government and regulatory bodies.

6.1 Martian Logic collects, holds, uses and discloses Personal Information to provide employment on-boarding and human resource management services for Clients and to comply with our legal obligations, and to manage recruitment processes when a Candidate applies for employment with a Client.

6.2 The purpose of collecting, holding, using and disclosing Personal Information is to allow Clients to manage the recruitment process and on-board suitable Candidates for employment with the Client. In this regard, Martian Logic may also collect Personal Information about you to:

(a) provide on-boarding, cross-boarding and off-boarding solutions through the Martian Logic Platform;

(b) create and maintain databases of Candidates, Clients and Referees;

(c) conduct pre-employment screening including questionnaires, reference checks and psychometric testing;

(d) prepare organisational charts;

(e) communicate with Candidates, Referees and Clients;

(f) publish job advertisements;

(g) integrate payroll and human resource management systems;

(h) provide other products and services to you and others; and

(i) conduct internal business and management processes, including for accounting or auditing processes.

6.3 Martian Logic also collects, holds, uses and discloses Personal Information obtained from Candidates to conduct Nationally Coordinated Criminal History Checks through the National Police Checking Service. In this regard, we may collect Personal Information to:

(a) lodge an application for, and receive the results of, a Nationally Coordinated Criminal History Check through the National Police Checking Service;

(b) provide Candidates or Clients with the results of a Nationally Coordinated Criminal History Check;

(c) verify your identity and any other Personal Information you may provide to Martian Logic; and

(d) comply with our obligations under any contract, agreement or understanding Martian Logic has with the Australian Criminal Intelligence Commission in connection with the National Police Checking Service.

6.4 Martian Logic treats Personal Information obtained for or a result from a Nationally Coordinated Criminal History Check with the utmost confidence and will only disclose this information in accordance with consent given by the Candidate or as required by law.

Martin Logic uses your Personal Information primarily to allow us to carry out the activities and functions describes in this Policy. Martian Logic also uses your Personal Information for secondary purposes related to those activities and functions or when otherwise allowed under the Privacy Ac.

8.1 If you are a Candidate, Martian Logic may disclose your Personal Information to:

(a) Clients with whom you are applying for work;

(b) Referees to assess your suitability for work;

(c) the Australian Criminal Intelligence Commission and police agencies for the purposes of conducting a Nationally Coordinated Criminal History Check provided you have provided Martian Logic with your consent to conduct a Nationally Coordinated Criminal History Check.

8.2 If you are a Referee, Martian Logic may disclose your Personal Information to:

(a) our Clients or potential Clients; and

(b) the Candidate that you provide a reference for.

8.3 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 to the extent that it is reasonably necessary for us to provide the services described in the Policy.

8.4 If you are a Client, we may disclose your Personal Information to:

(a) our Candidates or potential Candidates, including your opinions of a Candidate, by way of feedback to Candidates if requested by the Candidate, as well as your contact details for Candidates to request feedback directly from you; and

(b) Referees.

8.5 Martian Logic may need to disclose some of your Personal Information to third parties (including Government and regulatory bodies, legal or financial advisors and others):

(a) to carry out certain checks (including identity checks, criminal history checks and work and education checks);

(b) to carry out certain activities and functions described in this Policy;

(c) for other purposes permitted by the Privacy Act.

8.6 For example, from time to time, Martian Logic engages external companies to carry out IT and software related services on Martian Logic’s behalf. These external companies only have access to Personal Information that is reasonably necessary to provide services to Martian Logic. We will take reasonable steps to ensure that such third parties offer privacy standards at least comparable to those offered by us.

8.7 We will disclose your Personal Information if we are required to do so by law, including to law enforcement agencies, the Australian Electoral Office, the Department of Family and Community Services, the Department of Immigration and Border Protection, the Australian Taxation Office or other related entities.

9.1 Martian Logic holds your Personal Information electronically and, on occasion, in hard copy.

9.2 Martian Logic takes reasonable steps to ensure that your Personal Information is:

(a) held in a safe and secure manner and is protected from unauthorised use and disclosure whether such information is stored electronically or in hard copy; and

(b) securely destroyed when it is no longer needed or when it is out of date.

10.1 You can request access to the Personal Information we hold about you by contacting Martian Logic’s Privacy Officer.

10.2 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.

10.3 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.

10.4 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.

10.5 Importantly, if you are a Candidate, information or opinions about you provided by Referees or from Clients 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.

10.6 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.

10.7 If you believe any of the Personal Information that we hold about you is incorrect you can ask us to correct it.

10.8 If we are 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.

11.1 If you wish to request that some or all of your Personal Information that you have submitted to us be deleted, please contact Martian Logic’s Privacy Officer.

11.2 Martian Logic will consider any request for deletion of Personal Information on a case-by-case basis having regard to any legal requirements we may be under to retain your Personal Information.

12.1 Martian Logic uses cloud-based storage on servers located in Australia to store Personal Information.

12.2 From time to time, we may work with Candidates, Clients or Referees located outside of Australia and we may be required to disclose your Personal Information to those overseas recipients.

13.1 If you believe Martian Logic has breached the Privacy Act or any of the Australian Privacy Principles, or if you want to raise any issues you may have about our handling of your Personal Information, please contact our Privacy Officer in writing.

13.2 When making a complaint to Martian Logic about privacy, please give us sufficient detail to be able to identify your concerns and respond 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. Please visit the Office of the Australian Information Commissioner’s website for contact details and more information.

13.3 You can contact Martian Logic’s Privacy Officer using the following contact details:

Name: Pav Mayson

Phone: 1300 788 068

Facsimile: +61 2 9262 1772

Email: [email protected]

Post: Suite 6, Level 1 1 McLaren Street NORTH SYDNEY NSW 2060 AUSTRALIA

14.1 Martian Logic has various security measures in place to protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure.

14.2 In the unlikely event that Martian Logic’s security measures are compromised and your Personal Information is the subject of a data breach, Martian Logic will comply with its obligations (if any) for responding to data breaches outlined in the Privacy Act.

14.3 Upon becoming aware of a data breach, Martian Logic will take urgent steps to contain the breach, mitigate any risk of harm and determine who may have been affected.

14.4 Martian Logic will then assess the breach, including any potential for harm, and determine whether the breach is likely to result in serious harm to any person whose data is involved.

14.5 If Martian Logic has reasonable grounds to believe that the breach is likely to result in serious harm to you, we may elect to notify you and/or the Office of the Australian Information Commissioner of the breach.

14.6 Following a breach, Martian Logic will conduct a review of its security measures and implement any additional measures it considers necessary to enhance the security of the Personal Information it holds.

15.1 The websites operated by Martian Logic may collect Personal Information for the purposes outlined in this Policy and may also use cookies to track your activity.

15.2 Any information collected as a result of your use of websites operated by Martian Logic will be handled in accordance with this Policy.

15.3 The websites operated by Martian Logic 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.

16.1 By using or receiving any services provided by Martian Logic, or by otherwise dealing with Martian Logic, you consent to the terms of this Policy and Martian Logic’s handling of your Personal Information as described in this Policy.

16.2 From time to time, your additional consent will be sought for the collection, use or disclosure of your Personal Information for purposes other than as set out in this Policy.

16.3 If you do not agree to any part of this Policy, you can withhold some or all of your Personal Information but if you refuse to provide Martian Logic with this Personal Information, we may not be able to provide our services to you. For example, if you are Candidate, a Client may not be able to consider your application for work.

17.1 In this Policy, the following words and phrases have the following meanings unless the context otherwise requires:

"Australian Privacy Principles" means the Australian Privacy Principles contained in the Privacy Act.

"Candidate" means an individual who is seeking work, or is potentially seeking work, with Martian Logic’s clients through its websites, portals or plugins.

"Client" means an individual who Martian Logic deals with, or may potentially deal with, for the purpose of providing software and related services for their business.

"Martian Logic" means Martian Logic Pty Limited ACN 089 846 846.

"Martian Logic" includes all software and related services that we provide to current and potential Clients, Candidates and Referees.

"Personal" Information has the meaning given to that term in clause 3 of this Policy.

"Policy" means Martian Logic’s privacy policy as amended from time to time.

"Privacy Act" means the Privacy Act 1988 (Cth).

"Referees" means an individual whom Martian Logic or a Client deals with in assessing a Candidate’s capability and suitability for employment.

17.2 In this policy, reference to:

(a) the singular includes the plural and the plural includes the singular;

(b) a person includes an individual, body corporate, unincorporated body or association or statutory or government body or agency;

(c) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

(d) another grammatical form of a defined term or phrase has a corresponding meaning; and

“including” and similar expressions are not words of limitation.