Privacy Policy

Privacy Policy

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About us

We’re Outstaffer Pty Limited ABN 52 626 134 870, a company incorporated in Australia. Our principal place of business is Level 7, 333 Exhibition Street, Melbourne VIC 3000 Australia (we, us, our, or Outstaffer).

Outstaffer operates the Outstaffer Global Workforce Platform (Platform), which makes it possible for You to find, hire, equip and pay Employees in any of our covered countries without the hassle of setting up a local legal entity in a fully compliant and legal manner. Outstaffer does that by employing individuals on your behalf in our Local Affiliates and making them available to You as remote workers on a secondment basis, acting as the Employer of Record (EOR). Outstaffer calls these individuals Employees.

Local Affiliates

Local Affiliates are the Outstaffer Affiliates that we have established in a legal jurisdiction to employ Employees and provide Services to Customers (Local Affiliates). To clarify, Affiliate means a company that directly or indirectly controls, is controlled by, is under common control with or is otherwise in the same group of entities as us (Affiliate or Affiliates).

Privacy Policy

This Privacy Policy applies to Outstaffer, its Local Affiliates and other Affiliates

1. Privacy Statement

This statement includes the following information:

• our collection statement, explaining aspects of our collection and use of personal information
• our privacy policy, further explaining how we manage personal information

2. Contact Details

You may contact Our Privacy Officer via email at privacy@outstaffer.com.

We may be required to collect information, relating to an individual or a communication to which an individual is a party, under the ‘data retention’ provisions of the Telecommunications (interception and Access) Act 1979 (‘Data Retention Law’).

3. Changes to this Privacy Policy

We may change this Privacy Policy from time to time, including to reflect changes to laws, our website, or our products or services that may impact how we handle personal information. If we make a change, we will upload the revised Privacy Policy to our website, so we recommend you check back regularly to review any changes. Changes to this Privacy Policy will apply from the date we upload the revised policy to our website, and your continued access to our website, engagement with us, or use of our products or services after that time constitutes your agreement to the changes.

4. Changes to this Privacy Policy

We only collect information that is reasonably necessary for the proper performance of our activities or functions as a Platform provider. 

We may decline to collect unsolicited personal information from or about you and take steps to purge it from our systems.

By reading this policy, you will be able to find out how we manage your personal information under the Australian Privacy Principles (APPs) or as a data subject under GDPR in Europe or other countries in which Outstaffer operates in.

You will also be able to learn about the information flows associated with that information.

If you have any questions, please contact us.

5. Changes to this Privacy Policy

You are under no obligation to provide personal information to us, however, if you choose not to provide such information, we may not be able to respond to your request or provide you with certain services. In particular, we would not be able to engage with you as a potential Candidate or Employee if you do not identify yourself and provide us with other necessary personal information.

6. Information Collected

Personal information that we collect, and hold is information that is reasonably necessary for the proper performance of our functions and activities as a software Platform providing talent fulfilment and recruitment services, global EOR, HR support services, device as a service, managed services, employee monitoring software and workplace services and is likely to differ depending on whether you are:

• A Candidate
• An Employee
• A Contractor
• A Customer
• A vendor and/or supplier

6.1 For Candidates

The type of information that we typically collect and hold about the Candidate is information that is necessary to assess amenability to work offers and work availability; suitability for placements; or to manage the performance in work obtained through us and includes:

• Contact details
• Career history
• Reference checks
• Interview feedback notes
• Email communications from you
• Internet provider details to confirm network speeds

6.2 For Employees

The type of information that we typically collect and hold about the Employees is information that is necessary to manage the Employee relationship and performance in work obtained through us and includes:

• Contact details including but not limited to postal, work, email address and phone numbers
• Date or birth, gender, occupation, driver licence or other personal identification document such as a passport
• Bank account details for the purposes of depositing wages and any other statutory entitlements and benefits as agreed with your employer
• Next of Kin details
• Any other information reasonably required by Outstaffer in relation to your employment including, but not limited to, taxes, benefits (such as health insurance, disability, sick leave, life insurance, pension, severance, paid time off and any other statutory contributions).

6.3 For Customers

The type of information that we typically collect and hold about Customers is information that is necessary to help us manage the presentation and delivery of our services and our relationship with Customers and includes:

• Contact details
• Company registration information (e.g. company number and registered address)
• Job descriptions
• Job titles
• Organisational charts
• Banking details
• Names of team members and related parties

6.4 For vendors or suppliers

The type of information that we typically collect and hold about vendors or suppliers is information that is necessary to help us manage the procurement of goods or services from, and our relationship with, the vendors and suppliers, and includes:

• Company registration information (e.g. company number and registered address)
• Contact details
• Banking and payment details
• Purchase orders

7.  Purposes

The purposes for which we collect, hold, use and disclose your personal information are likely to differ depending on whether you are:

• a Candidate
• an Employee
• a Customer
• a Vendor and/or Supplier

7.1  For Candidates

Information that we collect, hold, use and disclose about Candidates is typically used for:

• work placement operations
• recruitment functions
• to confirm identity and authority to provide references
• Candidate and/or Employee suitability assessment
• statistical purposes and statutory compliance requirements
• to identify you
• to provide our services to you

7.2  For Candidates

Information that we collect, hold, use and disclose about Employees is typically used for:

• work placement operations
• recruitment functions
• statistical purposes and statutory compliance requirements
• to identify you
• to provide our services to you
• to supply and deliver devices and equipment to you

7.3  For Candidates

Personal information that we collect, hold, use and disclose about Customers is typically used for:

• Customer and business relationship management
• recruitment functions
• marketing services to you
• statistical purposes and statutory compliance requirements

7.4  For vendors or suppliers

Personal information that we collect, hold, use and disclose about vendors or suppliers is typically used for:

• procuring products and services from you
• paying invoices
• business relationship management
• procurement functions
• statistical purposes and statutory compliance requirements

8.  How Personal Information is Collected

The means by which we will generally collect your personal information are likely to differ depending on whether you are:

• a Candidate
• an Employee
• a Customer  
• a Supplier, or a Vendor
  

We sometimes collect information from third parties and publicly available sources when it is necessary for a specific purpose such as checking information that you have given us or where you have consented or would reasonably expect us to collect your personal information in this way.

Sometimes, the technology that is used to support communications between us will provide personal information to us - see the section in this policy on Electronic Transactions

8.1  For Candidates

Personal information will be collected from you directly when you apply for an advertised role, send us your resume, or provide any other information in connection with your application to us for work.

Personal information is also collected:

• when you email us 
• when you sign up to our Platform
• during telephone, video conference or face-to-face interviews
• through the recruitment process
  

We may also collect personal information about you from a range of publicly available sources, including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records, we will manage the information in accordance with this Privacy Policy.

8.2  For Employees

Personal information will be collected from you directly when you apply for an advertised role; send us your resume or provide any other information in connection with your application to us for work.

Personal information is also collected:

• when you email us
• when you sign up to our Platform
• during telephone, video conference or face-to-face interviews
• through the recruitment process
  

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records, we will manage the information in accordance with this Privacy Policy.

8.3  For Customers

Personal information will be collected from you and your representatives when you enter into a contract with us for our Services or sign up to our Platform. Personal information is also collected:

• when you provide it to us for business or business-related social purposes
• when you email us
• through the recruitment process for Candidates and Employees
  

We may also collect personal information about you from a range of publicly available sources, including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records, we will manage the information in accordance with this Privacy Policy.

8.4  For suppliers or vendors

Personal information about you may be collected:

• when you provide it to us for procurement or service management-related purposes
• when you email us
• when you sign up to our Platform
  

We may also collect personal information about you from a range of publicly available sources including newspapers, journals, directories, the Internet and social media sites. When we collect personal information about you from publicly available sources for inclusion in our records, we will manage the information in accordance with this Privacy Policy.

9.  Photos and Images

We may collect photographs and video recordings of you to verify your identity as part of the recruitment process if you are a Candidate or Employee. We may use a third-party service provider to capture and store identity verification images. We, or our third-party service provider, may retain the photographs or video recordings for three years (or a longer period if required by applicable law) for compliance purposes.

10.  Electronic Transactions

Sometimes, we collect personal information that individuals choose to give us via online forms or by email, for example, when individuals:

• ask to be on an email list such as a subscription list to our company blog;
• register as a site user to access facilities on our site such as a job notification board;
• make a written online enquiry or email us through our website;
• submit a resume by email or through our website;
• contact us by email
  

It is important that you understand that there are risks associated with use of the Internet and you should take all appropriate steps to protect your personal information.  It might help you to look at the OAIC's resources on Internet Communications and other Technologies. You can find these resources at https://www.oaic.gov.au/

We take reasonable steps to protect electronic transactions, wherever possible, through our internet security processes and systems.

11.  GDPR Lawful Bases

If your personal information is subject to GDPR, we process it in reliance on the following bases:

• we may need to process it in circumstances where you have entered into or are taking steps to enter into a contract with us (e.g. a contract of employment or for services) in order to enable us to perform our contract with you including to provide you with the services that you have requested; 
• we may need to process it to pursue our legitimate interest in operating our business including in connection with the purposes set out in this Privacy Policy;
• we may need it to comply with the law; or
• where we have, in limited cases, sought your consent to process your personal information for specific purposes.

12.  How Personal Information is Held

Personal information is held in our business systems until it is no longer needed for any purpose for which it may be used or disclosed, at which time it will be de-identified or destroyed, provided that it is lawful for us to do so.

We take a range of measures to protect your personal information from:

• misuse, interference and loss; and
• unauthorised access, modification or disclosure.

13.  Information Security

Information stored on our server is protected by several layers of physical and online security.

14.  Disclosures

We may disclose your personal information for any of the purposes for which it is primarily held or for a lawful related purpose.

Disclosure will usually be:

• internally to our Employees and contractors
• to our Local Affiliates and other Affiliates
• in the case of personal information of Candidates and Employees, to our Customers
• to referees for suitability and screening purposes
• to our Contracted Service Providers (refer to the next section for more details)
  

We may also disclose your personal information where we are under a legal duty to do so.

14.1  Outsourced Service Providers

We outsource a number of services to third-party service providers (OSPs) from time to time.  Our OSPs may see some of your personal information. Typically, our OSPs would include:

• Software solutions providers;
• I.T. contractors and database designers and Internet service suppliers;
• Legal and other professional advisors;
• Insurance providers and brokers, loss assessors and underwriters;
• Superannuation fund managers;
• Pension fund managers
• Background checking and screening agents;
• Government and all statutory authorities (as required by local laws)
  

We take reasonable steps to ensure that terms of service with our OSPs recognise that we are bound by obligations to protect the privacy of your personal information and that they will not do anything that would cause us to breach those obligations.  You have the right to request details of which OSPs have seen your personal information.

14.2  Cross-Board Disclosures

Your personal information may be collected, transferred to and stored by us in Australia and by our Affiliates and third parties that are based in other countries in which Outstaffer and its Customers operate in.

Therefore, your personal information may be processed outside your country or jurisdiction, including in places not subject to an adequacy decision by the European Commission or your local legislature or regulator, and that may not provide for the same level of data protection. We ensure that the recipient of your personal information offers an adequate level of protection and security, for instance, by entering into the appropriate back-to-back agreements and, if required, standard contractual clauses or an alternative mechanism for the transfer of data as approved by the European Commission (Art. 46 GDPR) or other applicable regulators or legislators. Where required by applicable law, we will only share, transfer, or store your personal information outside of your jurisdiction with your prior consent.

15.  Your rights

Depending on applicable privacy or data protection laws, you may also have some or all of the rights detailed below with respect to your personal information. These rights are subject to the criteria, requirements and exceptions set out in the applicable law.

If you wish to exercise these rights, you should contact us. Depending on the circumstances, we may need to verify your identity. 

15.1  Access

Subject to some exceptions set out in privacy law, you have a right to access a copy of your personal information that we hold.  

Important exceptions include:

• evaluative opinion material obtained confidentially during our performing reference checks and access that would impact the privacy rights of other people. In many cases, evaluative material contained in references that we obtain will be collected under obligations of confidentiality that the person who gave us that information is entitled to expect will be observed. Subject to the requirements of applicable law, we do refuse access if it would breach confidentiality.
• Evaluative opinion material obtained confidentially in the course of us receiving feedback from involved parties in the recruitment process
• Evaluative opinion material created by us in the course of us assessing suitability during the recruitment process and/or providing of a work device as part of the employment agreement
  

Depending on the circumstances, we may need to verify your identity.  

15.2  Erasure or Removal

You may also have the right to request the erasure of your personal information.

15.3  Correction or Rectification

If you find that personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to correct it by contacting us.

If we are satisfied that the information is incorrect, out of date or incomplete, we will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading. If we do not make the requested correction, we will take reasonable steps to associate the personal information with a statement that you believe the personal information is incorrect and have requested the correction.

If we have disclosed personal information about you that is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to notify the third parties to whom we made the disclosure, and we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.  We will endeavour to correct any information within a reasonable period after making the request.

15.4  Restriction

You may have a right to request the restriction of the processing of your personal information, for example, in circumstances where you contest the accuracy of the personal information about you that we are processing and we are verifying the accuracy.

15.5  Objection

You may also have a right to object to the processing of your personal information, for example, where we have justified such processing on the basis of our legitimate interest or to object to decisions that are based solely on automated processing or profiling. 

15.6  Data Portability

You may also have a right to obtain a portable copy of your personal information in a structured, commonly used and machine-readable format or to have a copy transferred to another environment. 

15.7  Withdraw Consent

In limited circumstances where we have sought your consent to process your personal information for a specific purpose, you may have a right to withdraw your consent for the processing of your personal information. 

16.  Complaints

You have a right to complain about our handling of your personal information if you believe we have interfered with your privacy. You can lodge a complaint with a data protection authority in your jurisdiction or with Outstaffer by following the procedure outlined below.

16.1  Complaints Procedure

You can make complaints about our handling of your personal information to our Privacy Officer, whose contact details are: Privacy Officer - privacy@outstaffer.com

When we receive your complaint:

• We will take steps to confirm the authenticity of the complaint and the contact details provided to us to ensure that we are responding to you or to a person whom you have authorised to receive information about your complaint
• Upon confirmation we will write to you to acknowledge receipt and to confirm that we are handling your complaint in accordance with our policy
• We may ask for clarification of certain aspects of the complaint and for further detail
• We will consider the complaint and may make inquiries of people who can assist us to established what has happened and why
• We will require a reasonable time (usually 30 days) to respond;
  

If the complaint can be resolved by procedures for access and correction we will suggest these to you as possible solutions. If we believe that your complaint may be capable of some other solution, we will suggest that solution to you on a confidential and without prejudice basis in our response. If the complaint cannot be resolved by the means we propose in our response, we will suggest that you take your complaint to an independent panel.  The cost of seeking advice from this panel shall be met by you.  If the independent panel cannot resolve the complaint, we suggest that you take your complaint to the Office of the Australian Information Commissioner or data protection authority in your jurisdiction.