MARTIAN LOGIC PTY LIMITED ACN 089 846 846
1. STATEMENT OF INTENT
1.1 Martian Logic is committed to protecting the privacy and confidentiality of your Personal Information.
1.2 The purpose of this Policy is to outline how Martian Logic handles Personal Information.
1.3 Capitalised terms used in this Policy are defined in clause 16.
1.4 Martian Logic may update or revise this Policy at any time.
2. WHAT IS PERSONAL INFORMATION?
2.1 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.
3. APPLICATION OF THIS POLICY
3.1 Except to the extent that any contrary intention is expressed, this Policy applies when Martian Logic collects, uses, disposes, stores, accesses or corrects your Personal Information.
3.2 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 below (i.e., a Candidate, Client, Client Employee, Referee or a potential employee of Martian Logic).
3.3 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.
3.4 If you are a Candidate, Martian Logic may hold Personal Information about you as a result of a Client collecting your Personal Information, that is reasonably necessary for a Client to determine your suitability for the position for which you are applying.
3.5 Martian Logic may also collect and use 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.
Martian Logic holds a wide range of Personal Information about Candidates, which may include:
your contact details, including your addresses (present and past) and telephone numbers;
information in your covering letter, resume, and application forms, including your skills, qualifications, work history, references, goals, and interests;
information which a recruiter provides about you;
your current and former employment details, including the identity and contact details of any current and former employers;
your citizenship, migration, and visa status and details of your work rights in Australia and other countries;
if you are an Australian resident, your tax file number and superannuation details;
if you are a US resident, your I-9 form;
copies of your identity documents including your driver’s licence, identity card, or passport;
your biometric information including your signature and image;
bank account details and other payments details;
your criminal history including (for Australian residents) any information contained in the results of a Nationally Coordinated Criminal History Check;
background checks in relation to working with children.
3.7 If you are a Client, Martian Logic may collect Personal Information that is reasonably necessary for Martian Logic to allow you to use the Martian Logic Platform.
Martian Logic collects a wide range of Personal Information about Clients, which may include:
your contact details, including your name, address, and telephone numbers;
details of your required job title or job description and your organizational/employment/human resource needs;
information about what kind of business you conduct;
information about what services you receive from Martian Logic;
information about your use of the Martian Logic Platform;
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;
any other information you choose to supply to Martian Logic including through the Martian Logic Platform.
3.9 If you are a Client Employee, Martian Logic may hold Personal Information about you that a Client collects from you or that you submit to the Client via the Martian Logic Platform during the recruitment and onboarding process and in the course of your employment with the Client, or that the Client creates (such as employment records) that contain Personal Information relating to you.
That Personal Information may include:
the information referred to in clause 3.6;
wage and salary details;
your employment contract;
your bank account details;
changes to your role or position and type of employment.
3.11 If you are a Referee, Martian Logic may hold Personal Information that a Client collects from you that is reasonably necessary for a Client to determine a Candidate’s suitability for work.
Martian Logic may hold a wide range of Personal Information about Referees, which may include:
your contact details, including your name, email address, and telephone numbers;
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;
your confidential opinions about a Candidate and their suitability for the position offered by a Client;
any other information you choose to supply to Martian Logic including through the Martian Logic Platform.
Employees of Martian Logic
3.13 If you submit an application for employment to Martian Logic (that is, you apply for Martian Logic to employ you, as opposed to seeking employment with a Client), we collect information that Martian Logic reasonably requires to assess your suitability for employment with Martian Logic.
3.14 That information may include the information referred to in clause 3.6.
4. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
Martian Logic may collect your Personal Information:
when you submit your Personal Information to Martian Logic, including any information you provide through the Martian Logic Platform and as a result of your dealings with Martian Logic;
by recording information that you provide to Martian Logic, by electronic means, and the observations of Martian Logic’s staff;
from third parties, including Government and regulatory bodies.
4.2 If you are a Candidate, Client Employee or a Referee, Martian Logic may hold your Personal Information as a result of a Client collecting that Personal Information through the Martian Logic Platform.
5. WHY DOES MARTIAN LOGIC COLLECT, HOLD, USE AND DISCLOSE YOUR PERSONAL INFORMATION?
5.1 Martian Logic collects, holds, uses and discloses Personal Information to provide the functions which comprise the Martian Logic Platform and to comply with our legal obligations.
5.2 The purpose of collecting, holding, using and disclosing Personal Information is to allow Clients to access and use all or any of the functions which comprise the Martian Logic Platform.
Nationally Coordinated Criminal History Checks (Australia only)
5.3 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;
provide Candidates or Clients with the results of a Nationally Coordinated Criminal History Check;
verify your identity and any other Personal Information you may provide to Martian Logic;
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.
5.4 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.
6. HOW DOES MARTIAN LOGIC USE YOUR PERSONAL INFORMATION?
Martin Logic uses your Personal Information primarily to allow Clients to have full use of the functions of the Martian Logic Platform. We also use contact details for users of Clients to advise Clients regarding updates and new features of the Martian Logic Platform.
7. DOES MARTIAN LOGIC DISCLOSE MY PERSONAL INFORMATION TO OTHERS?
Martian Logic will only disclose Personal Information with the individual’s consent or if required to do so by law.
8. HOW DO WE HOLD AND PROTECT YOUR PERSONAL INFORMATION?
8.1 Martian Logic holds your Personal Information electronically and, on occasion, in hard copy.
Martian Logic takes reasonable steps to ensure that your Personal Information is:
held in a safe and secure manner and is protected from unauthorized use and disclosure, whether such information is stored electronically or in hard copy;
securely destroyed when it is no longer needed or when it is out of date.
9. HOW DO I ACCESS, UPDATE OR CORRECT THE PERSONAL INFORMATION HELD BY MARTIAN LOGIC ABOUT ME?
9.1 you can request access to the Personal Information we hold about you by contacting Martian Logic’s Privacy Officer.
9.2 if you are a Candidate, Client Employee or a Referee and wish to access your Personal Information, you should contact the Client who collected your Personal Information from you. Martian Logic does not control or edit Personal Information for Candidates, Client Employees or Referees.
9.3 we will not charge you for making a request for access. 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.
9.4 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.
9.5 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.
9.6 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.
9.7 if you believe any of the Personal Information that we hold about you is incorrect you can ask us to correct it.
9.8 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.
10. HOW DO I REQUEST DELETION OF MY PERSONAL INFORMATION?
10.1 if you wish to request that some or all of your Personal Information that Martian Logic holds be deleted, please contact Martian Logic’s Privacy Officer.
10.2 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.
11. ARE WE LIKELY TO DISCLOSE YOUR PERSONAL INFORMATION TO OVERSEAS RECIPIENTS?
11.1 Martian Logic uses cloud-based storage on servers located in Australia to store Personal Information.
11.2 We work with Candidates, Clients and Referees in a number of countries and we may be required to disclose your Personal Information to entities outside of the jurisdiction in which you live.
12. HOW DO I MAKE A COMPLAINT ABOUT MARTIN LOGIC’S HANDLING OF MY PERSONAL INFORMATION?
12.1 If you believe Martian Logic has breached any relevant privacy laws, 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.
12.2 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).
You can contact Martian Logic’s Privacy Officer using the following contact details:You can contact Martian Logic’s Privacy Officer using the following contact details:
Name: Pav Mayson
Phone: +61 9262 1745
Facsimile: +61 2 9262 1772
Email: [email protected]
Post: Suite 6, Level 1 1 McLaren Street NORTH SYDNEY NSW 2060 AUSTRALIA
13. WHAT HAPPENS IF MY PERSONAL INFORMATION IS INVOLVED IN A DATA BREACH?
13.1 Martian Logic has various security measures in place to protect Personal Information from misuse, interference and loss, and from unauthorised access, modification or disclosure.
13.2 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 contained in any applicable privacy laws.
13.3 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.
13.4 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.
13.5 If Martian Logic has reasonable grounds to believe that the breach is likely to result in serious harm to you, we will notify you and/or the relevant regulatory authority in your jurisdiction of the breach.
13.6 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.
14. USING OUR WEBSITE
14.2 Any information collected as a result of your use of websites operated by Martian Logic will be handled in accordance with this Policy.
14.3 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.
15. OTHER MATTERS
15.1 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.
15.2 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.
15.3 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.
16. DEFINITIONS AND INTERPRETATION
16.1 In this Policy, the following words and phrases have the following meanings unless the context otherwise requires:
"Candidate" means an individual who is seeking work, or is potentially seeking work, with a Client through Martian Logic’s 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.
“Client Employee” means an individual who is employed by a Client.
"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.
“Martian Logic Platform” means the human resources information system platform which Martian Logic provides, which includes components such as recruitment, onboarding of new employees, change of employment conditions of existing employees, off-boarding employees, organisational chart, employee database/dashboard, position and remuneration library, employee self-service, automated reference checking, video interviewing, compliance document collection and management.
"Personal Information” has the meaning given to that term in clause 2 of this Policy.
"Referees" means an individual whom Martian Logic or a Client deals with in assessing a Candidate’s capability and suitability for employment.
In this policy, reference to:
the singular includes the plural and the plural includes the singular;
a person includes an individual, body corporate, unincorporated body or association or statutory or government body or agency;
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;
another grammatical form of a defined term or phrase has a corresponding meaning; and "including" and similar expressions are not words of limitation.