Functionn is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services (collectively, “Products”). This policy covers the Site and is applicable worldwide.
The Policy is based on regulations originally stem from the Privacy Act of 1988 (Privacy Act) as well as some added addenda via the Privacy Regulation 2013 and the latest addition for security breach reporting Privacy Amendment (Notifiable Data Breaches) Act 2017.
If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you may have additional rights with respect to your Personal Data, as further outlined below. These rights may include rights under the EU’s General Data Protection Regulation (“GDPR”), and may be based on some GDPR definitions listed below.
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is an identified or identifiable natural person who can be identified, directly or indirectly, based on particular information representing personal data;
Processing is any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of limiting their processing in the future.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location or movements.
Pseudonymization is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organizational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
Controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
j) Third party
Third party is a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
In order to provide you with the best possible service we require your consent to collect, use, disclose and store personal or sensitive information. Your privacy is important to us and we will take appropriate steps to ensure that the information you provide remains secure.
How we collect Personal Data
When you use the Site, we may ask for certain Personal Data that will assist us to provide you with a service that meets your needs and circumstances. We may also collect Personal Data from you through the registration forms, through interviews, tests, CVs resumes and references, or when you submit your CV through the Site or through a third-party site. The categories of Personal data we may collect include your name and contact information (email, address and phone number). Depending on the nature of your inquiry or activities on the Site, we may also collect information about your job search criteria and preferences, your employment experience, educational history, your expectations, skills, personality, salary, references information, background information, and other information contained in your resume. We may also collect sensitive information (for example information about your membership in a trade union or health information) if required for the recruitment process.
If you do not provide such information, Functionn may not be able to provide you with access to or full use of sections of the Site or with any other services you request.
Your Personal Data can be collected in several different ways: It includes:
– when you send an application to us via e-mail, online or post.
– during the interview at our office or via phone.
– when we conduct reference checks.
– via conversations – verbal and electronic.
– 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 also provide us with personal information.
Registration is not required in order to use or access the Site. However, we may make forums, blogs, message boards or registration forms available to our visitors. You may be asked to register for using these features, particularly if you wish to leave comments or publish content. Please note that if you post comments or articles to any forum, blog, message or form board on this site, any personal information you provide in those comments or articles may be read, collated and used by anyone viewing them. As such, we are not responsible for personal information you may choose to make available through these channels.
Our Site contains information that enables a quick electronic contact to us, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal data transmitted by the data subject are automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal data to third parties.
Except of described above, The Site gathers the type of general information and data when an information subject or computerized system utilizes the site. This general information and data are kept away in the server log files. Gathered information and data might be: (1) the version and types of browsers used, (2) the type of electronic device you use, (3) your unique electronic device ID, (4) the operating system used by the accessing system, (5) software and hardware attributes, (6) the website from which an accessing system reaches our website (purported referrers), (7) information about the way you use the website, (8) the sub-sites, (9) the date and time of access to the Internet website, (10) an Internet protocol address (IP address), (11) the Internet service provider of the accessing system.
How we process Personal Data
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity (i.e. processing that is necessary for the performance of a contract with you, e.g. your request to subscribe, apply for a job or assist you in your job search which allows us to provide you with the services) and our “legitimate interests” or the legitimate interest of others (e.g. our users) such as:
– personalising, improving or operating our services and business
– better understanding your needs and interests
– fulfilling requests you make related to the services
– providing you with information and offers from us or third parties
– complying with our legal obligations, resolving disputes, enforcing our agreements
– protecting, investigating and deterring against fraudulent, harmful, unauthorized or illegal activity.
If you reside in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, Iceland or Switzerland, you Personal Data processing may be based on the lawful basis described below.
Art. 6(1) lit. a GDPR serves as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, when processing operations are necessary for the supply of goods or to provide any other service, the processing is based on Article 6(1) lit. b GDPR. The same applies to such processing operations which are necessary for carrying out pre-contractual measures, for example in the case of inquiries concerning our products or services. Is our company subject to a legal obligation by which processing of personal data is required, such as for the fulfillment of tax obligations, the processing is based on Art. 6(1) lit. c GDPR. In rare cases, the processing of personal data may be necessary to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured in our company and his name, age, health insurance data or other vital information would have to be passed on to a doctor, hospital or other third party. Then the processing would be based on Art. 6(1) lit. d GDPR. Finally, processing operations could be based on Article 6(1) lit. f GDPR. This legal basis is used for processing operations which are not covered by any of the abovementioned legal grounds, if processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data. Such processing operations are particularly permissible because they have been specifically mentioned by the European legislator. He considered that a legitimate interest could be assumed if the data subject is a client of the controller (Recital 47 Sentence 2 GDPR).
Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders.
We process Personal Data for purposes such as:
– to process your orders and deliver the services that you have ordered
– to provide reports based on information collected from use of our services
– to keep you up to date on the latest service announcements, service updates, special offers and other information
– to provide support and assistance for our services
– to provide the ability to create personal profile areas and view protected content
– to provide and administer opt-in contests, sweepstakes or other marketing or promotional activities on the Site or social media websites
– to support recruitment inquiries
– to personalize marketing communications and website content based on your preferences, such as in response to your request for specific information on services and services that may be of interest
– to meet contract or legal obligations
We may also from time to time use your Personal Information to send you automated email messages or marketing materials regarding our services, including employment information. You may opt out of receiving such marketing email messages by unsubscribing from our database.
We utilize cookies to enable us to give you a personalized service, and to help make our sites, applications and services better for you. There are several types of cookies: (a) session cookies (temporary cookies that identify and track clients inside our website, applications or services which are erased when you close your program or leave your session in the application or service) or (b) persistent (types of cookies which enable our websites, applications or services to save your settings within our website, applications or services and which will be maintained on your computer or device after you close your web browser or leave your session in the application or service).
On our website, you can choose to accept or reject cookies (except strictly necessary cookies in according with GDPR and Privacy and Electronic Communications Directive 2002/58/EC). Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. Keep in mind that not accepting cookies may make certain features of the Site unavailable to you.
You can get more information about cookies we’re using and also change or withdraw your consent at our Cookie declaration page.
Sharing your Personal Data / Use and disclosure of personal information
We will use the personal information that we gather from you for the purpose for which it has been collected i.e. to provide recruitment or outplacement services, subscription – including your work placement, identification of training and assessment of ongoing performance. We may also use your personal information to keep you informed of services and possible job opportunities that you or someone you know may be interested in.
From time to time, we may also use your personal information to carry out any administrative tasks relating to our business.
We do not sell or rent your Personal Data to third parties unless you have granted us permission to do so. This includes clients of Functionn to whom your application/placement relates and referees etc.
However, we will share Personal Data within Functionn and its affiliated companies, and with third party service providers for purposes of data processing or storage.
We also share Personal Data with business partners, service vendors and/or authorized third-party agents or contractors in order to provide requested services or transactions, including processing orders, processing credit card transactions, hosting websites, hosting event and seminar registration and providing customer support. We provide these third parties with Personal to complete/utilize the requested service or transaction.
We may choose to sell part of the business or certain assets of the company. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that are transferred or acquired by a third party. You acknowledge that such transfers may occur and that any acquirer of us or our assets may continue to use your Personal Data as set forth in this policy. As required by law, we may respond to subpoenas, court orders, or similar legal process by disclosing your Personal Data and other related information, if necessary. We also may use Personal Data and other related information to establish or exercise our legal rights or defend against legal claims.
Our services operate in Australia. However, your data will be hosted by third-party service providers/Functionn affiliate worldwide, or to third parties acting on our behalf for the purposes of processing or storage. By using any of our services or providing any Personal Data for any of the purposes stated above, you consent to the transfer and storage of your Personal Data, whether provided by you or obtained through a third party, to the Australia as set forth herein, including the hosting of such Personal Data on our third-party providers’/Functionn affiliates’ servers.
Functionn will not use or disclose any information about you without your consent, unless the use or disclosure is:
– for the purpose of disclosing information to our clients where necessary and appropriate in connection with the provision of a service to you;
– for the purpose of disclosing information to companies and individuals we employ to perform business functions and services on our behalf, on the basis that such companies and individuals must protect your Personal Information and may not disclose or use it for unrelated purposes. Such functions may include, for example, hosting our Web servers, analysing data, providing legal, accounting and marketing services;
– permitted under the Privacy Act (Cth) 1988 or other applicable laws as a permitted general situation or a permitted health situation;
– necessary to provide you with a product or service which you have requested;
– to the extent necessary or appropriate to government agencies, advisors, and other third parties in order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (a) comply with the law requiring such disclosure; (b) protect the rights or property of Functionn or its affiliated companies; (c) prevent a crime or protect national security (d) protect the personal safety of the users or the public;(e) to assist the investigation of an offence by a law enforcement authority; or prevent a serious or imminent threat to an individual’s life, health or safety or public health or safety.
Security and retention of your Personal Data
Functionn is committed to protecting the Personal Data you share with us. We retain your Personal Data depending on the type of data and the purpose for which we process the data. The criteria used to determine the period of storage of personal data is the respective statutory retention period. After the expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract. We utilize a combination of industry-standard security technologies, procedures, and organizational measures to help protect your Personal Data from unauthorized access, use or disclosure.
Functionn will endeavour to take reasonable steps to keep secure any information which we hold about you (i.e. when we transfer credit card information over the Internet, we protect it using Secure Sockets Layer (SSL) encryption technology). You should note that the internet is not a secure method of transmitting information and, as such, we are not responsible for the security of any information sent or received over the internet. Furthermore, Functionn may disclose and you consent to such disclosure of Personal Information to Functionn servers and electronic systems located outside the country where you are located. This is due to Functionn using overseas facilities to store, process or back up its information. However, this does not change our commitment to keep your information secure.
Rights of the data subject (including rights under GDPR for EU residents)
- a) Right to information
Each data subject have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact us via [email protected]
b) Right of access
Each data subject have the right to obtain from the controller free information about his or her personal data stored at any time and a copy of this information. You can send the request about the data we’ve stored via [email protected] Furthermore, the European directives and regulations grant the data subject access to the following information:
– the purposes of the processing;
– the categories of personal data concerned;
– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
– where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
– the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;
– the existence of the right to lodge a complaint with a supervisory authority;
– where the personal data are not collected from the data subject, any available information as to their source;
– the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Furthermore, the data subject have a right to obtain information as to whether personal data are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact us via [email protected] .
c) Right to rectification (if data is not accurate)
Each data subject have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact us via [email protected] .
d) Right to erasure (Right to be forgotten)
Each data subject have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where one of the following cases applies, as long as the processing is not necessary:
– The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
– The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
– The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
– The personal data have been unlawfully processed.
– The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
– The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by us, he or she may, at any time, contact us via [email protected] .
Where the controller has made personal data public and is obliged pursuant to Article 17(1) to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. Our employees will arrange the necessary measures in individual cases.
e) Right of limitation of processing
Each data subject have the right to obtain from the controller restriction of processing where one of the following applies:
– The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
– The processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead.
– The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims.
– The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by Functionn, he or she may at any time contact us via [email protected] .
f) Right to transferability (data portability)
Each data subject have the right to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject have the right to have personal data transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact us via [email protected] .
g) Right to object
Each data subject have the right to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
Functionn shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
If we processes personal data for direct marketing purposes, the data subject have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to Functionn to the processing for direct marketing purposes, we will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by Functionn for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact us via [email protected] . In addition, the data subject is free in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to use his or her right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Each data subject have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, as long as the decision (1) is not necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) is not authorized by Europian Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, Functionn shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact us via [email protected] .
i) Right to withdraw data protection consent
Each data subject have the right to withdraw his or her consent to processing of his or her personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact us via [email protected] .
We shall review and pronounce on the request within 1 month as of its filing.
This period may be extended by further two months, if necessary. Functionn informs the data subject as to any such extension within 1 month as of receipt of the request, stating the reasons for the delay. When the data subject files a request by electronic means, the information is provided electronically, if possible, unless the data subject has requested otherwise.
If you have any concerns or complaints about how we handle your personal information, or if you have any questions about this policy, please contact us via [email protected] In most cases we will ask that you put your request in writing to us. We will investigate your complaint and will provide our response within 30 days. If you are not satisfied with the response that you receive from us, you may have the right, depending on the jurisdiction, to make a complaint to the Office of the Australian Information Commissioner.
Indemnity and liability
Functionn cannot be held liable for errors or omissions in information on the Site, or for any damages, losses, or expenses that may occur while accessing the Site, or any linked site, or the inability to access these sites, or any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.
Revisions to the Policy
Last updated: September 4, 2019