Updated 01^st July 2023

Introduction

In this Privacy Policy, “Onboarded”, ‘us’ ‘we’ or ‘our’ means Onboarded Pty Ltd ABN 33649630919. We are committed to respecting your privacy. Our Privacy Policy sets outs out how we collect, use, store and disclose your Personal Data.

For our data processing in Australia, we continue to comply with the Australian Privacy Act including its 13 Privacy Principles. For our processing overseas, such as in Europe and especially in the UK, we adhere to both the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) and also the retained version of the GDPR as it applies in the UK from 1 January 2021 (the “UK GDPR”).

This Privacy Policy covers Personal Data held by Onboarded in two distinct contexts:

1. Our Saas Solution – Personal Data is provided to Onboarded through our software-as-a-service (“Saas”) product and software application. Such Personal Data comes to us when you access our website www.onboarded.com.au or when a recruiter or agency or you use our products, platform and app to upload, edit or review information relevant to a job application (“Services”). Once received and processed, the Personal Data is mixed with non-Personal Data and integrated back into a customers’ main CRM solution if TPA integration is enabled or exported to files if TPA integration is not enabled. In this Saas context, Onboarded acts primarily as a data processor under contracts and terms of service with our customers.
2. As an employer – We also act as a data controller insofar as we determine the nature and purposes for the Personal Data we hold relating to our staff. We use quality partners and products such as Xero, Microsoft and Hubspot to help us manage our business, records management system and customer relationship management.

By providing Personal Data to us, you consent to our collection, use and disclosure of your Personal Data in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website or sending email notifications to you or to our customers about it. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

Important Notice for Job Applicants (End Users)

Where we provide the Services to an organization that is our client (for example your employer), that organisation is the administrator of the service and controls the types of credentials, requirements and information processed by our Services. We therefore process Personal Data to provide hosted recruitment and verification services to the customer who is invariably a data controller. Any Personal Data you submit will be retained by Onboarded for a short but important period of time connected to the purpose we are holding your data for (such as a particular job campaign or series of them) which shall be set out in any data retention and disposal policy we hold from time to time be. After our purpose for holding your personal data has come to an end your data shall be completely removed and extracted from our system and back-ups. We do not seek nor want to hold anyone’s data longer than we need to.

In this case, please direct your data privacy questions to your administrator or the relevant customer representative, as your use of the Services is subject to that organisation’s policies and procedures. We are not responsible for the privacy or security practices of any of our customers which may be different from Onboarded’s privacy practices.

Onboarded does not, at any time, directly or indirectly, disclose, furnish or make accessible to any person, firm, corporation, or other entity, or make use of, any client data other than for the purpose of providing Services to the client.

What Personal data do we collect

For us, Personal Data means data which relates to an identified or identifiable natural living person. Importantly, it does not include data where the identity has been removed (anonymous data). Onboarded may collect, use, store different kinds of Personal Data:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes home address, email address, social media handles and telephone numbers.
• Financial Data includes bank account details for payment of salary and benefits.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website and software application.
• Case Study & Profile Data includes website case studies and viewpoints naming individuals representing key customers or partners – published on the Onboarded website here: https://onboarded.com.au/case-studies/. For individual users, we hold username and password, their interests, preferences, feedback and questionnaire responses.
• Usage Data includes information about how you use our software application, website, products and Services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences – which you can unsubscribe from at any time.

We reserve the right at Onboarded to collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your Personal Data but is not considered Personal Data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature or using a certificate or qualification function. However, if we combine or connect Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be used in accordance with this privacy policy.

We do not as a rule collect Special Categories of Personal Data about you (although on occasion your health and medical data may be relevant or indeed essential to a particular job role). We will comply with the enhanced conditions for processing special category data such as obtaining your explicit consent before we do so.

We also on occasion collect any information about criminal convictions and offences (which is not regarded as a Special Category of Personal Data). We will collect this only when absolutely necessary – where the role warrants such sensitive details to be collected and where we have a legal reason for doing so (where in the UK we shall comply with Schedule 1 of the Data Protection Act 2018).

If you fail to provide Personal Data or click and submit your forms….

Where we need to collect Personal Data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Onboarded website or software application). In this case, we may have to cancel your participation in the job application you are interested in.

HOW DO WE COLLECT PERSONAL DATA?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your identity, contact, profile and credentials by filling in fields on our forms and online tools, when you register as as user for the first time, or when you communicate with us

Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this Personal Data by using cookies, server logs, and other similar technologies.

Third parties or publicly available sources. We will receive only Minimal Personal Data about you from various third parties and public sources.

Under which legal bases do we collect, use and disclose Personal Data?

We may collect, hold, use and disclose your Personal Data for the following purposes and legal bases:

• to enable you to access and use our SaaS Solution and our Services generally (pursuant to our contractual terms and conditions of service);
• to enable us to fulfil our contracts with customers and recruiters of all kinds;
• to operate, protect, improve and optimise our Services, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing (our legitimate interests);
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you (our legitimate interests);
• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting (our legitimate business interests and with your consent which you can withdraw);
• to send you marketing and promotional messages and other information that may be of interest to you, including information sent by, or on behalf of, our business partners that we think you may find interesting (our legitimate business interests and with your consent which you can withdraw);
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.

Change of purpose & Re-Purposing

Onboarded is aware of the modern practice of re-purposing (collecting Personal Data for one reason and then accidentally or not, using it for another). We will only use your Personal Data for the purposes for which we collected it (primarily for use by you, our customers and us for job campaigns and reasons related to the recruitment, vetting and onboarding process), unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may also disclose your Personal Data to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymized consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

Do we use your Personal Data for direct marketing?

No. We do not send direct marketing communications and related promotional information about our Services or products to our end users/candidates. In Australia we shall comply with the Spam Act and the Privacy Act when it comes to sending emails, SMS, and other forms of communication. You have full rights to unsubscribe and may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (eg an unsubscribe link).

You may receive marketing communications from us if you have requested information from us or used our Saas solution and you have not opted out of receiving that marketing.

Opting out and Unsubscribing

You can ask us or third parties to stop sending you marketing messages at any time.

To whom do we disclose your Personal Data?

We may disclose Personal Data for the purposes described in this privacy policy to:

• our employees and related bodies corporate;
• third party suppliers and service providers (including Cloud Convert for example, providers for the operation of our websites and/or our business or in connection with providing our Services to you);
• professional advisers, dealers and agents;
• our existing or potential agents, business partners or partners;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

Supply of data in connection with Third Party Applications

Our Service includes integration with applications operated by third parties (TPAs). Our terms of use explain the basis on which we integrate TPAs into our Service. Please refer to section 6 of our terms for important conditions relating to such integration.

We will disclose your Personal Data to the suppliers of Integrated TPAs as reasonably necessary in connection with the integration of that third party service with our Service. Such information may include Personal Data as referred to in “What Personal Data do we collect?“, which needs to be supplied in order to integrate with the Service.

Onboarded is selective when choosing its Integrated TPAs and takes care to assess the suitability of the third party suppliers, with the goal that all integrations enhance the Services and offer benefits to you. Please note the Integrated TPAs are not owned or controlled by us and we are not responsible for their privacy practices. These third parties who have been granted access to your data may have their own policies and practices for its collection, use and sharing. Please check the Integrated TPAs’ permissions, privacy settings and notices for information about these services or contact the provider with any questions.

International transfers

As a starting point, our application and servers are set up so that Personal Data is not transferred outside of its jurisdiction of origin i.e. all EU data will reside on our UK server, and all Australian and New Zealand data and any clients outside UK/EU region will reside on our Australian server. It will not be transferred to any of our other locations. Personal Data is pulled out of our clients’ CRM application and pushed back there when the applicant completes and submits the missing fields and credentials relevant to a particular job.

We do acknowledge that many of our external third parties are based outside of Australia in places such as the USA and the UK so there may be on occasions a need to move Personal Data or make it accessible from one place to another. This may involve a transfer of Personal Data outside Australia to the UK, or from the UK to a US partner or integration provider such as cloudconvert.com.

Whenever we transfer your Personal Data out of the UK or Europe from our base there, we ensure a similarly high degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Where we use certain service overseas providers, we may use specific contracts approved for use in the UK or Europe which give Personal Data the same protection it has in those jurisdictions. For example in the UK we are pleased to be able to work with the International Data Transfer Agreement regime (IDTA) approved by the Information Commissioner’s Office in the UK in 2022. In Europe we shall use the Standard Contractual Clauses approved by the European Commission (and last updated in 2021).

Using our website and cookies

We may collect Personal Data about you when you use and access our website regardless of which type of device you use.

Onboarded uses (i) Strictly necessary (essential) (ii) Functional (iii) Analytical (measuring performance) and (iv) Tracking/advertising types of cookies.

Cookies may be delivered by us directly to you (first-party cookies) or delivered by one of our partners. Cookies can be either session cookies or persistent cookies. Session cookies enable sites to recognise and link the actions of a user during a browsing session and expire at the end of each session. Persistent cookies help us recognise you and these are stored on your system or device until they expire, although you can delete them before the expiry date.

Onboarded uses cookies for the following reasons:

For our Saas Solution:

• To help us improve applicant’s experiences
• To help with data protection and spot fraudulent activity in our sites

For our websites:

• To remember preferences and settings
• To identify errors on the site and assess performance
• To help us understand traffic data relating to our site, e.g. time and date of visit

What other similar technologies does Onboarded use?

Onboarded uses certain tools for basic font usage and to understand email-opening statistics by recipients of our emails). These help us to gauge the effectiveness of certain communications, promotions and marketing campaigns.

How you can take control of cookies and similar technologies

You have rights to manage and turn off/on certain cookies as you wish from your browser settings but you may not be able to use our applications or features of our sites if cookies are disabled.

In light of changes to cookies practices in 2021 (with respect to the disablement of third party cookies on some browsers) we include below an updated list of the more popular browser types with hyperlinks showing how to adapt their cookie settings accordingly:

• Google Chrome
• Microsoft Edge
• Mozilla Firefox
• Microsoft Internet Explorer
• Opera
• Apple Safari

Where & how Onboarded uses cookies

We use cookies in several places, and some examples from third parties are included below:

For our Product (platform): We store information in cookies such as a user has seen our help pop up page and has acknowledge it to ensure we don’t show the same pop up again next time they log on.

For our websites: We use Google Analytics tools and we may remarket our services to you in a targeted way, by using third party remarketing services such as Google Ads or similar

For more information on the main cookies currently used, their purpose and their duration please get in touch with us at support@onboarded.com

We may also use cookies to enable us to collect data that may include Personal Data. For example, where a cookie is linked to your account, it will be considered Personal Data under the Privacy Act. We will handle any Personal Data collected by cookies in the same way that we handle all other Personal Data as described in this Privacy Policy.

Security

We may hold your Personal Data in either electronic or hard copy form. We take reasonable steps to protect your Personal Data from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your Personal Data. For example, we host data on Tier 1 cloud platform that provides a secure foundation across physical, infrastructure, and operational security. We have conducted successful security pen test of our application and have mitigated any high level vulnerabilities identified. However, we cannot guarantee the security of your Personal Data.

We have put in place appropriate Company policies (such as Information Security Policy, IT Policy Document and Major Incident Management policy) plus practical security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are required to do so.

Data retention – How long will you use my Personal Data for?

As a business and employer, we will only retain your Personal Data 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 some Personal Data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation.

To determine the appropriate retention period for Personal Data, we consider the amount, nature and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

As a data processor and provider of an app and Saas solution, details of retention periods for the Personal Data on our Saas solution will be contained in any data retention and disposals policy we hold.

Once the data is collected, it is integrated back into a customer’s CRM solution or applicant tracking system. As a default we expunge everyone’s data after 30 days of importing it back into their CRM system or applicant tracking system.

Links

Our website which includes a Blog page and case study page, may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.

Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

YOUR LEGAL RIGHTS

You have the right to:

Request access to your Personal Data (increasingly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Otherwise in most cases, we have enabled a feature where a user’s Personal Data (and entire profile) can be erased from our entire Saas solution and support systems within 24 hours of approval/marking for deletion.

Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios:

• If you want us to establish the data’s accuracy.
• Where our use of the data is unlawful but you do not want us to erase it.
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your Personal Data to you or to a third party. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Accessing or correcting your Personal Data

You can access the Personal Data we hold about you by contacting the appropriate customer or employer in the first instance. If you come to us directly, we may not be able to provide you with access to all of your Personal Data but if this is the case, we will tell you why. We may also need to verify your identity when you request your Personal Data.

If you think that any Personal Data we hold about you is inaccurate, please contact the appropriate Onboarded customer or employer in the first place (and us at the same time if you wish) and either they or us will take reasonable steps to ensure that those records are corrected.

Making a complaint

First Stage – If you think we have breached the Privacy Act or the GDPR, or you wish to make a complaint about the way we have handled your Personal Data, please contact us first using the contact details below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Second Stage – Should you be dissatisfied with the service we provide in the UK you have the right to file a formal complaint to the Information Commissioner’s Office at www.ico.org.uk, or to the relevant data protection supervisory authority in your country of residence. The ICO can be contacted at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. They can be contacted by telephone on 0303 123 1113 or 01625 545 745.

Contact Us
For further information about our Privacy Policy or practices, or to access or correct your Personal Data, or make a complaint, please contact us using the details set out below

If you have any questions about this privacy policy or our privacy practices, please contact our support team with your question at support@onboarded.com.au.

612 101 Overton Road
Williams Landing Vic 3027
info@onboarded.com.au

Phone: +61 411 410810

Prior to 01^st July 2023