1.1 Please read this document carefully. It sets out legally binding provisions that regulate your use of our website.
2. Information on our Website
2.1 We use reasonable endeavours to ensure that the information on our Website is accurate and up-to-date. However, except with respect to any Non-Excludable Guarantees, we make no representations or warranties, express or implied, as to the accuracy or completeness of the information provided on our Website.
2.2 The information on our Website is subject to change. We, our directors, officers, employees, partners and consultants shall not be liable in any manner for any direct, incidental, consequential, indirect or punitive damages arising out of or in reliance on the information on our Website, whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, we limit our liability to the maximum extent permitted by law.
3. Data that you send us via our Website
3.1 You may upload your resumé, curriculum vitae, contact details and other information to us via forms on our Website (“Uploaded Data”).
3.3 Your uploading of any Uploaded Data does not mean that you are or will be a suitable candidate for any role that we are engaged by any client to fill. We reserve the right to propose you as a candidate, or to upload, input, transfer and disclose.
3.5 You licence us an irrevocable, non-exclusive, royalty-free, worldwide basis to use and publish your Uploaded Data as required by us to provide our Executive and Non-Executive Director search services.
3.6 You are solely responsible for the accuracy, legality and quality of all Uploaded Data and for obtaining any permissions, licences, rights and authorisations necessary for us to use, host, transmit, store and disclose the Uploaded Data in connection with the provision of our Executive and Non-Executive Director search services.
3.7 You indemnify us from and against any loss and damage we and/or any of our suppliers incur in respect of any claim that any of your Uploaded Data is lost, unavailable or corrupted or the transmission, storage, disclosure, or access to any of your Uploaded Data infringes the Intellectual Property Rights or other rights of any person or breaches any law, regulation, code or standard.
3.8 We may not own or operate the infrastructure on which our Website and/or any Uploaded Data is stored or hosted. We may host Uploaded Data from servers operated by us or our contractors overseas, including the United States of America.
4. Availability of our Website
4.1 You agree and acknowledge that the accessibility and use of our Website and the Uploaded Data hosted by our Website is highly dependent on the proper function of the Internet and other computer and telecommunications networks and infrastructure. We are not responsible for any non-performance of our Website associated with any of those matters.
4.2 Except in respect of any Non-Excludable Guarantee, we do not guarantee that our Website or access thereto will be uninterrupted or error free.
5. Usage Restrictions
5.2 Without limiting the foregoing provisions, you must not, under any circumstances, sell or resell access to our Website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sublicence, copy or duplicate our Website or any content that you obtain via our Website. In addition, you must not, and you must not permit any person to:
(a) copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance our Website and/or any content in our Website (except as expressly permitted by the Copyright Act 1968 (Cth)); (b) mine our Website for any data; (c) do any act that would or might invalidate or be inconsistent with our Intellectual Property Rights or those of our licensors; (d) use our Website in any way that infringes our rights or the rights of any third party; (e) use our Website to create any product or service that competes with us; or; (f) take any steps to circumvent any technological protection measure or security measures in our Website.
5.3 You must not use our Website or any part of our Website in any way which is in breach of any statute, regulation, law or legal right of any person.
6. Intellectual Property Rights
6.2 As between you and us, we own all Intellectual Property Rights in our Website.
6.3 You have no rights in our Website or in any part of it or in any modification or enhancement thereof, other that the right to browse the Website and send Uploaded Data to us via forms on our Website.
6.4 Any Intellectual Property Rights in any comments that you may provide to us in connection with our Website or requests for new Website features (each, an “Improvement Suggestion”) become our sole and exclusive property immediately upon you uploading or posting the Improvement Suggestion to our Website or otherwise disclosing the Improvement Suggestion to us. You hereby assign all Intellectual Property Rights in all and any Improvement Suggestions to us, pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity. You also consent to the infringement by us and any third parties we authorise, of all and any Moral Rights that you may have in any Improvement Suggestions.
6.5 You must not take any step to invalidate or prejudice our (or our licensors’) Intellectual Property Rights in our Website or otherwise.
7. Responsibility for third party claims
7.1 You agree and acknowledge that you are solely responsible for, and that you will indemnify us in respect of, any loss and damage we may incur in connection with any claims and/or complaints made by us or any third party where the claim and/or complaint is caused directly or indirectly by:
(a) your use of our Website; and/or (b) you Uploaded Data.
8.1 We do not represent, recommend or endorse any websites to which we have linked from our Website via hyperlink or otherwise.
9.1 Except in respect of any Non-Excludable Guarantees, we do not represent that the information in our Website is accurate, correct, up-to-date or error free.
9.2 The information on our Website is not professional advice. You agree that you will all appropriate financial, legal and other advice as applicable before relying on any information that you obtain from our Website.
9.3 To the extent possible by law, we are not liable to you for any direct, indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings or loss of data.
9.4 Except in respect of any Non-Excludable Guarantees, to the maximum extent permitted by law (and if permitted by law), we will not have any liability to you for any loss or damage howsoever incurred in relation to your use of or inability to use our Website.
10.1 We may take down our Website or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.
12. Definitions and Interpretation
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given to it in the Copyright Act 1968 (Cth).
Non-Excludable Guarantee means a non-excludable guarantee implied by the Australian Consumer Law.
Personal Information has the meaning given to it in the Privacy Act 1988 (Cth).
Website means the Hattonneale Website owned and/or provided by us at http://hattonneale.com.au/ and any content, images, text and other information appearing on any page or screen of our Website and any source code and object code in our Website.
You means you, a person who accesses our Website for any reason.
(c) A reference to a statute or regulation includes amendments thereto.
(e) A reference to a sub-clause or paragraph is a reference to the sub-clause or paragraph in the clause in which the reference is made.
(f) A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
(g) The words “includes”, “including” and similar expressions are not words of limitation.
What is personal information?
The types of personal information we collect
We collect the following types of personal information:
- Information about Executives and Non-Executive Director Candidates: We collect names, ages, testimonials, genders, job titles, citizenship statuses, telephone numbers, mobile phone numbers, email addresses, work and character references, information regarding performance appraisals, occupations, languages spoken and language abilities, qualifications, academic transcripts, the results of background and criminal checks, salaries, drivers licence and passport numbers, qualifications, awards, certifications, skills and work experience, work histories, memberships of professional or trade associations and trade unions, work preferences, willingness to relocate, the results of psychometric evaluations, skill assessment reports, social media profiles, health information such as disabilities and medical conditions (to the extent relevant for the performance of an Executive or Non-Executive Director role), flexible working requirements, desired compensation and benefits and any other personal information that is submitted to us in a resumé or curriculum vitae by a Candidate or available to us that is relevant to the analysis of a Candidate for a particular Executive or Non-Executive Director role. We will process this personal information in order to analyse a potential Candidate’s suitability for one or more particular Executive or Non-Executive Director roles, and to otherwise assist our clients determine which candidates to interview, employ, consider or engage. We may also hold the information in a database for us and our clients to consider in the future in relation to any potential future Executive or Non-Executive Director roles.
- Information that we derive from our and/or our clients’ hiring, evaluation and interviewing process: In the course of the process that we and/or our clients undertake to consider the suitability of a Candidate for a particular Executive or Non-Executive Director role, we may obtain feedback, opinions, results of tests or assessments that a Candidate undergoes, behavioural and cognitive information, records or progress throughout the hiring, evaluation and interview process, correspondence and communications between us and the Candidate, and notes and records of conversations derived from interviews and meetings with Candidates.
- Computer and network usage data: We may carry out electronic surveillance of our employees and contractors when they use our computer equipment, smartphone devices and networks to monitor compliance with company policies. This surveillance includes tracking and monitoring, reviewing and logging emails sent and received, websites visited, content viewed and files uploaded/downloaded. It may also include IP addresses, server names, database names, network names, serial numbers or equipment used, WiFi and other networks accessed, computer names, application names, browser history, user access logs, usernames, passwords, technical support log tickets, bandwidth used, error messages, social media handles, FTP server addresses, usernames and passwords, hostnames, subnet masks, router names, server addresses, hosting account usernames and passwords.
Who we collect personal information about
We collect personal information about:
- people who submit their personal information to us through our website forms;
- our officers, agents, employees and subcontractors;
- our clients (and their officers, agents, employees and subcontractors);
- potential Candidates (either with respect to a specific Executive or Non-Executive Director role or in relation to any potential future Executive or Non-Executive Director roles);
- our suppliers (and their officers, agents, employees and subcontractors), such as suppliers who we engage to perform background checks and criminal history checks on Candidates;
- individuals and clients who participate in our surveys;
- potential employees, subcontractors, potential subcontractors and work experience applicants;
- our client representatives where it is necessary to do so in order to provide the services that we are engaged or instructed by our clients to perform.
How we collect personal information
We collect personal information in the following ways:
- when we receive a resumé or curriculum vitae from any person who sends it to use via our website or via email, or when they hand deliver it to us;
- by obtaining the information from public or private databases;
- from our connections on LinkedIn and from Executive and Non-Executive Director advertisement responses that we receive via LinkedIn;
- when a Candidate provides the information to us in connection with a potential Executive or Non-Executive Director role, such as by telephone, in a meeting, via our website or via email;
- from Candidate’s former employees, universities and other educational institutions, work colleagues, professional associations or registration bodies, when we check references;
- from third party referees, previous employees, independent psychologists, consultants, regulatory authorities and government bodies during competency, background and criminal record checks that may be conducted with respect to any Candidate;
- when we take notes during our meetings, interviews, telephone calls, conferences and events;
- through interactions, interviews, emails, letters and other correspondence and documents that we receive from clients, potential clients, employees, potential employees, contractors, potential contractors and Candidates;
- when we are contacted by or communicate with any person online, through social media, email, online communication tools and the forms on our website;
- when we receive any information about any investigation, dispute, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which any clients, potential clients, employees, potential employees, contractors, potential contractors and Candidates is or were involved;
- when we are provided with completed surveys or questionnaires that we may distribute;
- when people apply for employment with us or offer to provide us with goods or services as suppliers or contractors (for example, our potential employees will provide us with personal information that we will collect when they provide us with references, resumés and attend job interviews);
- when our employees, contractors and suppliers provide us with personal information in the usual course of business;
- when we trade business cards with any person;
- when it is sent to us by our clients for the purpose of providing us with instructions or information necessary for us to process in order to provide, or offer to provide, them with services; and;
- where any person voluntarily discloses it to us.
How we hold and use personal information
We hold personal information that we collect in our offices, computer systems, and third party owned and operated online hosting facilities. We use personal information for the following purposes:
- to identify and evaluate Candidates and assess their skills, qualifications and interests with respect to a specific Executive or Non-Executive Director role or in relation to any potential future Executive or Non-Executive Director roles;
- to set up and conduct interviews and assessments, and to evaluate potential Candidates;
- in order to verify a person’s identity when we are contacted to ensure that we know who we are communicating with;
- to communicate with Candidates, our clients and our potential clients, employees, subcontractors, suppliers and colleagues, whether by telephone, email or otherwise;
- to provide clients with our Executive and Non-Executive Director search services and to administer, process, maintain and answer questions about such services;
- to contact third party references provided by Candidates;
- in order to send newsletters and other communications to our clients concerning our services, events and business opportunities;
- to send Candidate profiles to our clients;
- to conduct background checks and criminal records checks;
- to enforce our rights and comply with our contractual and other legal obligations;
- to issue bills and invoices to our clients, and to enforce the payment obligations of our clients to pay our fees;
- in order to consider a person as a potential employee or contractor (for example, by checking a person’s references or considering the persons’ resumé and arranging interviews) and to pay our employees and contractors their wages, salaries, service fees and other entitlements;
- relationship management with Candidates by calling, messaging or emailing available recruitment opportunities;
- to handle complaints;
- to manage employee records and the employment of our staff;
- to identify clients and other individuals when we are contacted with questions or concerns regarding the products and services we provide;
- to improve our recruitment processes;
- when conducting research and development of our services;
- in order to conduct checks for credit worthiness and/or conflict of interests.
Who we disclose personal information to
We will only disclose personal information that we collect to our clients and other third parties as follows:
- To our clients; this includes providing personal information of any potentially suitable Candidate to a client in relation to a specific Executive or Non-Executive Director role or in relation to any potential future Executive or Non-Executive Director roles;
- To our contracted software solution providers, internet and technology service providers who host our files and databases in the cloud; we store computer files, software and databases in the cloud with our hosting providers who host those files. That software and those databases (including any personal information contained in them) are stored on our third party hosting providers’ computer servers located in their data centres in Australia and the United States of America;
- To third parties to a commercial arrangement where necessary in order to provide our services; for example we may need to supply a Candidate’s personal information to psychologists (for psychometric evaluations or skills testing), external providers of online training and induction agencies, background checking and screening agents or IT consultants;
- To our agents; we appoint agents to manage parts of our business for us. In the course of those relationships, we may provide client or potential client personal information to them and they may provide client or potential client personal information to us that they have collected for us;
- So that we can obtain assistance from our suppliers with the provision of our services – in which case we may disclose your personal information to our suppliers and subcontractors as well as to members of our corporate group who we may subcontract the provision of all or part of our services to. For example, we may use printing providers who print documents on our behalf, couriers who deliver documents on our behalf, and share computers with our related entities, all of which may contain personal information;
- Handling claims, legal disputes, complaints and insurance requirements – in which case we may disclose you personal information to our insurers, legal, accountants and other professional advisors;
- Sending out a newsletter; in which we may disclose your personal information to our email and newsletter service providers;
- In order to identify you; when we are contacted with questions or concerns regarding the products and services that we provide;
- In order to record billing details and process payments from our clients; in which case we will provide client bank account, cheques and credit card details to our bank and merchant facility providers;
- For professional advice; when providing information to our legal, accounting or financial advisors/representatives or debt collectors for debt collection purposes or when we need to obtain their advice, or where we require their representation in relation to a legal dispute;
- If we sell the whole or part of our business or merge with another entity – in which case we will provide to the purchaser or other entity the personal information that is the subject of the sale or merger;
- Where a person provides written consent to the disclosure of his or her personal information; and
- Where required by law.
We may also provide your personal information to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes:
- To obtain or maintain insurance;
- The prevention, detection, investigation, prosecution or punishment of criminal offences, breaches of a law imposing a penalty or sanction or breaches of a prescribed law;
- To protect or enforce our rights or defend claims;
- Enforcement of our claims against you or third parties;
- The enforcement of laws relating to the confiscation of the proceeds of crime;
- The prevention, detection, investigation or remedying of seriously improper conduct or prescribed conduct;
- The preparation for, or conduct of, proceedings before any court or tribunal, or implementation of the orders of the court or tribunal; and
- Where disclosure is required to protect the safety or vital interests of employees, candidates and/or clients
Third party websites and platforms
Our websites may include links to third party websites and platforms. Our linking to those websites and platforms does not mean that we endorse or recommend them. We do not warrant or represent that any third party website or platform operators comply with applicable data protection laws. You should consider the privacy policies of any relevant third party websites and platforms prior to sending your personal information to them.
We take reasonable steps to protect personal information that we hold from unauthorised access, modification and disclosure and implement technical and organisational measures to ensure a level of protection appropriate to the risk of accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal information, as follows:
- We maintain physical security measures in our buildings and offices such as door and window locks and visitor access management, cabinet locks, surveillance systems and alarms;
- We require all of our employees to comply with privacy and confidentiality terms and conditions in their employment contracts that we enter into with them;
- We implement passwords and access control procedures into our computer systems;
- We have data backup, archiving and disaster recovery processes in place;
- We have anti-virus and security controls for email and other applicable computer software and systems in place.
Since 22 February 2018, data breaches that are likely to result in serious harm must be reported to affected individuals and the Office of the Australian Information Commissioner (OAIC), except where limited exceptions apply. We will comply with our obligations to report notifiable data breaches, if any should occur.
If you refuse to provide us with personal information
Offshore data transfers
We may transfer your personal information to our contractors and service providers who assist us with providing our products and services to you, and to assist us with the operation of our business generally, where we consider it necessary for them to provide that assistance.
Provided that we comply with applicable law, including the provisions of Australian Privacy Principle 8 (Cross-border disclosure of personal information), we may transfer your personal information to our offshore clients, contractors and service providers as well, who may be located inside or outside Australia. Our offshore contractors and service providers are currently located in the United States of America.
Retention and de-identification of personal information
It is our policy to retain personal information in a form which permits identification of any person only as long as is necessary for the purposes for which the personal information was collected; and for any related, directly related or compatible purposes if and where permitted by applicable law. As an executive search firm, criteria used to determine the retention period includes, among others:
- the suitability of the Candidate for current and future Executive and Non-Executive Director roles;
- whether we are subject to a legal, contractual or other obligation to retain the personal data.
We will only process personal information that you provide to us for the minimum length of time permitted by applicable law and only thereafter for the purposes of deleting or de-identifying that personal information (except where we also need to retain the data in order to comply with our legal obligations, or to retain the data to protect your or any other person’s vital interests).
How to access and correct personal information held by us
We may however refuse to change your information where we cross check your personal information with third parties. Such information includes evaluative opinions obtained by us in the course of:
- performing reference checks;
- receiving feedback from involved parties (including clients and contractors) in the recruitment process; and
- created by us or any third parties in the course of assessing suitability during the recruitment process.
Our contact details
If you wish to contact us for any reason regarding our privacy practices or the personal information that we hold about you, please contact us at the following address:
Governor Phillip Tower
1 Farrer Place
Sydney NSW 2000
We will use our best endeavours to resolve any privacy compliant within ten (10) business days following receipt of your complaint. This may include working with you on a collaborative basis to resolve the complaint or us proposing options for resolution. If you are not satisfied with the outcome of a complaint or you wish to make a complaint about a breach of the Australian Privacy Principles you may refer the complaint to the Office of the Australian Information Commissioner who can be contacted using the following details:
Call: 1300 363 992
Address: GPO Box 5218, Sydney NSW 2001