Privacy Policy - Driver Hire

Privacy Policy

dh Appointments Australia Pty. Ltd. t/as Driver Hire Australia

Adherence to RCSA Code for Professional Conduct

As a Member of RCSA Limited we must take reasonable steps to maintain the confidentiality and privacy of information obtained in the course of our professional practice. We must also take reasonable steps to ascertain the extent to which any information we collect may be confidential. RCSA administers Disciplinary & Dispute Resolution Procedures that you may have access to if you consider that we have breached the RCSA Code for Professional Conduct.

Privacy Policy

1. Policy Statement

The protection of your Personal Information is of great importance to Specialist People Services Group Ltd and DH Appointments (Company) and its affiliates and associated entities within and outside the European Economic Area (the EEA) and within Australia (together, the Group).

This privacy policy (the Privacy Policy) therefore intends to inform you about how Company Group entities, acting as data controller, collects and processes your Personal Information that you submit or disclose to us.

We also act as data controller when we process your Personal Information received or obtained through third-parties. We process this Personal Information in accordance with the applicable:

EU regulations and Australian legislation on data protection in particular:

  • General Data Protection Regulation No 2016/679 (GDPR).
  • Privacy Act 1988 (Cth) (Privacy Act) the Australian Privacy Principles (APPs)

Personal Information is as defined in the above legislation and regulation and rules and includes information or an opinion about you, from which you are identifiable, and includes personal information:

  • provided to us by you.
  • provided to us by a third party such as (but not limited to) an organisation you work for, a credit agency or by our clients; or
  • collected through our website (located at www.driverhire.com.au/ (Website).

2. When does this Privacy Policy apply?

  • By using our website, dealing with the Company, or providing your Personal Information or another person’s Personal Information to us, you:
    • accept this Privacy Policy and agree to its terms; and
    • consent to our collection, use, management, and disclosure of Personal Information in accordance with its terms.

3. What Personal Information do we collect?

The Company will always collect and process your Personal Information based on one of the legal basis provided for in the GDPR or APPs.

In addition, we will always process your sensitive personal data, for example, concerning your trade union membership, religious views, or health condition, in accordance with the special rules provided for in the GDPR or APPs.

We may collect, use, hold and disclose Personal Information. We will only do so in accordance with the GDPR and APPs for the purposes set out below.

  • To communicate effectively with you, manage our relationship as customer, supplier or partner, and to conduct our business – to conduct our business, including to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us;
  • To perform and manage our relationship with employees and other workers – to perform and manage our relationship with employees and other staff as their employer and contractor, and to fulfil all regulatory obligations related to our employment or contractual relationship;
  • To perform recruitment activities – when you explore employment opportunities with the Company, in addition to your contact details, we will collect information about your qualifications, experience and eligibility to work in jurisdictions including Australia. This will usually include: your full (legal) name. date of birth. your CV/ resume, employment history, experience, and skills. qualifications, and in some instances, certified copies of qualifications; and country of birth (including visa status, if applicable). This information may be collected via our recruitment platform and is securely stored within our service provider’s infrastructure. The information is accessible only to us. If our recruitment activities and discussions with you progress to the point of making you an offer of employment, we will collect additional information in the context of our onboarding procedures.
  • To perform analytics and provide you with marketing materials – to perform analytics of our products and services and provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own and our selected business partners’ products and services to you by post, email, SMS, phone and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us through the email address below.
  • For research and development purposes to analyse your personal information in order to better understand your and our other clients’ services and marketing requirements, to better understand our business and develop our products and services;
  • To monitor certain activities – to monitor queries and transactions to ensure service quality, compliance with procedures and to combat fraud;
  • To inform you of changes – to notify you about changes to our services and products;
  • To ensure website content is relevant – to ensure that content from our websites is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers; When you visit our website, we may automatically collect information about you, including details of access, IP addresses, webpage statistics and other information that helps us to ensure that the site is functioning properly.
    Our website uses both session and persistent cookies. Session cookies are temporary cookie files and, once you have closed your browser, they will not endure. Persistent cookies attach to your browser and device memory.
    A “cookie” assists us to store information about how visitors to our website use it and to make assumptions about what information may be of most interest to you. Cookies may be used, stored, and analysed in our IT systems and by our server and network hosts. It is possible that Personal Information will be captured in those processes. You will usually find information on cookies, and how to manage them, under “Options” or “Settings” on your browser.
  • To reorganise or make changes to our business – in the event that we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analysing any proposed sale or re-organisation. We may also need to transfer your personal information to that re-organised entity or third party after the sale or reorganisation for them to use for the same purposes as set out in this policy
  • In connection with legal or regulatory obligations – We may process your personal information to comply with our regulatory requirements or dialogue with regulators as applicable which may include disclosing your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
  • Please be aware that, where we process your personal information based on your consent, you are entitled to withdraw your consent at any time, and this without affecting the lawfulness of processing based on your consent before withdrawal thereof.
  • On occasions, we may need to collect and process your personal information in order to perform the contract with you or to comply with a legal obligation. If you do not provide us with the Personal Information requested from you in these instances, we might be unable to comply with legal obligations to which we are subject or to proceed to fulfil our contract with you.
  • We will process your personal information for these specified, explicit and legitimate purposes, and will not further process the data in a way that is incompatible with these purposes. If we intend to process Personal Information originally collected for one purpose in order to attain other objectives or purposes, we will ensure that you are informed of this. We will keep your Personal Information for as long as it is necessary for us to comply with our legal obligations, to ensure that we provide an adequate service, and to support its business activities.

4. What types of Personal Information do we use?

  • For the purposes specified under this Privacy Policy, we process the Personal Information obtain from you directly (when you decide to communicate such data to us, i.e., when you contact us, or when you fill in forms completed on our online portals or displayed on the Website) or indirectly (data provided to us by a third-party). We ensure that the personal information processed be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

5. How do we share your Personal Information?

  • We may share your Personal Information with Company Group entities and with third parties in accordance with the GDPR and APPs. Where we share your data with a data processor, we will put the appropriate legal framework in place in order to cover such transfer and processing. Furthermore, where we share your data with any entity outside the EEA and/or Australia we will put appropriate legal frameworks in place, notably controller-to-controller (2004/915/EC) and controller-to-processor (2010/87/EU) Standard Contract Clauses approved by the European Commission, in order to cover such transfers.

6. Strategic Partners

  • Subject to your prior consent, your Personal Information may be transferred to, stored, and further processed by strategic partners that work with us to provide our products and services or help us market to customers. Your Personal Information will only be shared by us with these companies in order to provide or improve our products and services.

7. Service Providers

  • We share your Personal Information with companies which provide services on our behalf, such as hosting, maintenance, support services, email services, marketing, auditing, fulfilling your orders, processing payments, data analytics, providing customer service, and conducting customer research and satisfaction surveys.

8. Corporate Affiliates and Corporate Business Transactions

  • We may share your Personal Information with all Company’s associated entities. In the event of a merger, reorganization, acquisition, joint venture, assignment, spin-off, transfer, or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all Personal Information to the relevant third party.

9. Legal Compliance and Security

  • It may be necessary for us – by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence – to disclose your personal data. We may also disclose your Personal Information if we determine that, due to purposes of national security, law enforcement, or other issues of public importance, the disclosure is necessary or appropriate.
  • We may also disclose your Personal Information if we determine in good faith that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.

10. Information Transfers

  • We will not transfer your Personal Information to someone who is outside Australia without prior notice to you or unless required or authorised by law.
  • Such disclosures may involve transferring your personal information to and out of the European Union to Australia. Such transfer may take place for employee or business management purposes by the Company.
  • For each of these transfers, we make sure that we provide an adequate level of protection to the data transferred, in particular by entering into standard contract clauses as defined by the European Commission decisions 2001/497/EC, 2002/16/EC, 2004/915/EC and 2010/87/EU.
  • We will not use your Personal Information for online marketing purposes unless you have expressly consented to such use of your personal data. You can change your marketing preferences at any time by contacting us at the email address detailed below.

11. Our Records of Data Processes

  • We handle records of all processing of Personal Information in accordance with the obligations established by the GDPR and/or APPs, both where we might act as a controller or as a processor. In these records, we reflect all the information necessary in order to comply with the GDPR and APPs cooperate with authorities and regulators as required.

12. Security Measures

  • We process your personal information in a manner that ensures their appropriate security, including protection against unauthorised or unlawful processing, accidental loss, destruction or damage. We use appropriate technical or organisational measures to achieve this level of protection.
  • We will retain your personal information for as long as it is necessary to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required or permitted by law.

13. Notification of Information Breaches to Regulators

  • In case of breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise processed, we have the mechanisms and policies in place in order to identify it and assess it promptly. Depending on the outcome of our assessment, we will make the requisite notifications to the regulatory authorities and communications to the affected data subjects, which might include you.

14. Processing and Risk to your Rights and Freedoms

  • We have mechanisms and policies in place in order to identify data processing activities that may result in high risk to your rights and freedoms. If any such data processing activity is identified, we will assess it internally and either stop it or ensure that the processing is compliant with the both the GDPR and APPs or that appropriate technical and organisational safeguards are in place in order to proceed with it.
  • In case of doubt, we will contact the authority or regulator in order to obtain their advice and recommendations.

15. Your Rights, Complaints, Contact Details and Additional Information

  • You have the following rights regarding Personal Information; collected and processed by us.
    • Information regarding your data processing: You have the right to obtain from us all the requisite information regarding our data processing activities that concern you.
    • Access to personal information: You have the right to obtain from us confirmation as to whether or not personal information concerning you are being processed, and, where that is the case, access to the personal information and certain related information .
    • Rectification or erasure of personal information: You have the right to obtain from us the rectification of inaccurate Personal Information concerning you without undue delay, and to complete any incomplete personal data. You may also have the right to obtain from us the erasure of Personal Information concerning you without undue delay, when certain legal conditions apply.
    • Restriction on processing of personal information: You may have the right to obtain from us the restriction of processing of personal information, when certain legal conditions apply.
    • Object to processing of personal information: You may have the right to object, on grounds relating to your particular situation, at any time to processing of personal information concerning you, when certain legal conditions apply.
    • Data portability of personal information: You may have the right to receive your personal information in a structured, commonly used and machine-readable format, and have the right to transmit those data to another controller without our hindrance, when certain conditions apply.
    • Not to be subject to automated decision-making: You may have the right not to be subject to automated decision-making (including profiling) based on the processing of your personal data, insofar as this produces legal or similar effects on you, when certain conditions apply.
  • To request access to your information or to make a complaint about our privacy practices, please contact us, in writing, at:

Dean Hewitt (MD Driver Hire Australia) – Dean.Hewitt@driverhire.com
or
Richard Crook (Quality Manager/DPO) – Richard.Crook@driverhire.com

We will consider your complaint to determine whether there are simple or immediate steps we can take to resolve the issue. In this case, we will respond to you within a few business days. If your complaint requires further investigation, we will acknowledge receipt of your complaint within a week. We may seek further information from you to assist with our investigation. We will then inform you of our findings about your complaint.

We aim to complete our investigation and respond to your complaint, in writing, within 30 days. We will let you know if we expect your complaint will take longer than this to resolve.

  • If you are not satisfied with the way in which we have proceeded with any request, or if you have any complaint regarding the way in which we process your personal information, you may lodge a complaint with a Data Protection Supervisory Authority under the EAA or the Office of Australian Information Commissioner (OAIC) in Australia.

16. Children

  • Our products and services are intended for adult customers. Thus, generally we do not knowingly collect and process information on children under fifteen (15). If we discover that we have collected and processed the Personal Information of a child under fifteen (15), or the equivalent minimum age depending on the concerned jurisdiction, we will take steps to delete the information as soon as possible. If you become aware that a child under fifteen (15) has provided us with personal data, please contact us immediately by using the contact address specified under this Privacy Policy.

17. Changes to this Privacy Policy

  • We may amend this Privacy Policy from time to time. Any changes take effect by being published on our website and your continued use of our services, the Website, or the provision of further Personal Information is deemed acceptance of the Privacy Policy.