Our legal obligations
We are committed to respecting your privacy and complying with our privacy obligations in accordance with all applicable data protection laws, including the Australian Privacy Principles contained in Schedule 1 to the Privacy Act 1988 (Cth) (the “Privacy Act“). We also comply with the EU General Data Protection Regulation (“GDPR“) but only to the extent it applies to the personal data that we process (“GDPR Data“).
- The period for which we store personal data;
- Your rights to access and rectify or to request erasure of personal data;
- Your right to withdraw consent to the processing of personal data;
- The right to lodge a complaint with the Office of the Australian Information Commissioner (or in the case of the GDPR, the relevant supervisory authority);
- Why we collect and process personal data, the categories of personal data that we process, and who we disclose it to;
- The types of automated decision making tools that we use;
- Details of the security measures that we take to help protect your personal data;
- Other information about how we collect, use, disclose and process personal data.
Our identity and contact details
Personal data that we process
Subscription/registration, payment, transaction and profile data. Data entered into and/or uploaded into the Cloud Services by our Customers and/or end users when accessing the Cloud Services. Data relating to communications between us and our Customers and end users. Analytics data. Cookies data.
The purposes for the processing
Who we disclose personal data to
Transfer of data to contractors, service providers and other countries
We may transfer your personal data to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance. They are located in Australia and any country that our Users are located in. We comply with the Privacy Act 1988 (Cth) and where applicable, the GDPR, when we transfer personal data overseas.
How long we store personal data for
Only for as long as is necessary. In relation to personal data that we collect through our online platform, we only retain this personal data for thirty (30) days after the end of the provision of services relating to the processing. We will destroy (or de-identify the personal data where we are entitled to do so) or return it to the relevant data subject.
Automated decision making
We use automated-decision making in our prioritise and allocate staff the subject of bookings made on our platform.
The Privacy Act defines “personal information” as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
Note: Section 187LA of the Telecommunications (Interception and Access) Act 1979 extends the meaning of personal information to cover information kept under Part 5‑1A of that Act.
Article 4(1) of the GDPR defines “personal data” as 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.
Principles relating to the collection of personal data
Our policy is to minimise the amount of personal data we collect. Accordingly, we only collect personal data that is adequate, relevant and limited to what is necessary, in relation to the purposes for which they are processed.
We collect personal data that you give us, whether by email, telephone, in person, via application forms or otherwise. We may also obtain personal data directly from third parties such as our resellers, related companies, installers, sales agents and any of their representatives. In addition, we may obtain personal data from public sources, where available. However, if it is reasonable and practicable to do so, we will collect personal data about an individual only from that individual.
We will only collect GDPR Data for specified, explicit and legitimate purposes and we will not further process GDPR Data that we collect in a manner that is incompatible with those purposes. If you enter and/or upload into the Cloud Services and/or otherwise provide us with personal data about any person other than you, please notify us so that we can ensure that the data subjects are provided with the information required by Australian Privacy Principle 5 and Article 14 of the GDPR.
We will not collect personal information (other than sensitive information) unless the information is reasonably necessary for one or more of our entity’s functions or activities and we will not collect sensitive information unless you consent to the collection and the sensitive information is reasonably necessary for one or more of our functions or activities, or we collect it pursuant to subclause 3.4 of the Australian Privacy Principles. Please notify us if you are not of old enough or not otherwise able to provide us with consent, and if so do not provide us with any consent for the purposes of applicable privacy law.
We will not process any GDPR Data that is personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation, except where permitted by the Australian Privacy Principles and the GDPR.
Personal data that we collect and how we use it
Our policy is to minimise the amount of personal data we collect. Accordingly, we only collect personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed.
The personal data that we collect and how we use it is as follows:
(a) Subscription/registration, payment, transaction and profile data: If you register or subscribe to our Cloud Services, we will collect and otherwise process the following categories of personal data: names, telephone numbers, mobile numbers, email addresses, credit card details, bank account details, records of products and services purchased by our customers and any end users of the Cloud Services, postal addresses, residential addresses and business addresses. We will process this personal data in order to administer our customer and end user subscriptions, registrations and accounts on the Cloud Services, for the purposes of providing our customers and end users with access to and use of the Cloud Services, to enforce our customers and end users’ obligations to pay the relevant fees and charges to us and to otherwise enforce compliance by our customers and end users with our Terms of Service and the contractual obligations that they owe to us. We will also process this personal data in order to provide our customers and end users with information and assistance about the Cloud Services, and to communicate with our customers and end users in connection with any maintenance notices (that we may issue when the Cloud Services are unavailable), renewal notices and service status updates for the purposes of keeping our customers and end users informed and up to date about the status of our Cloud Services.
(b) Data entered into and/or uploaded into the Cloud Services by our Customers and/or end users when accessing the Cloud Services: We collect and process any personal data that our customers and end users upload or enter into the Cloud Services either manually or via computer systems, smartphone devices and tablets, namely: names, telephone numbers, mobile numbers, email addresses, credit card details, bank account details, postal addresses, residential addresses, business addresses, photos of staff (headshots), qualifications (eg. Forklift Riggers Ticket Inductions), drivers licence, ID or passport numbers, white cards and working visas (expiry date/number visa type). We also collect notes and running commentary about staff behaviour, performance and/or issues. Additionally, the Cloud Services will process any other personal information that our Customers and end users voluntarily enter or upload to CrewCard. We will process this personal data on behalf of our Customers and end users in our capacity as a processor in order to provide our Customers and end users with the Cloud Services and the functionality provided by the Cloud Services in accordance with their specific instructions (unless applicable law to which we are subject requires other processing of that personal data by us, in which case we will inform applicable Customers and end users of that legal requirement (unless that law prohibits us from doing so on important grounds of public interest). We will also process this personal data as a controller to monitor compliance with the terms and conditions of our Terms of Service, to maintain backups of our databases and to detect unauthorised use and faults with the Cloud Services (such as, by examining log files and error messages). The personal data will also be used to provide our customers and end users with professional services (including technical support and training services) if and where required pursuant to our Terms of Service.
(c) Data relating to communications between us and our Customers and end users: When our end Customers and users contact us, we will collect and process personal data including the name of the Customer/end user, the IP address of the Customer/end user and any other personal data that Customers/end users provide to us during the communications. For example, our Customers and/or end users may contact us to ask questions about our Cloud Services, seek technical support or advice and to express their interest in subscribing to the Cloud Services or for the purposes of upgrading or modifying their accounts on our platform. We will process this personal data in order to provide our Customers and end users with information and assistance about the Cloud Services, and to communicate with them in connection with any breach, expiry, termination or suspension of the Cloud Services.
Automated decision making
We use automated-decision making in our business to prioritise and allocate staff the subject of bookings made on our platform.
Who we share personal data with
We only disclose personal data to third parties who perform services on our behalf to the extent necessary for them to perform those services. We do not sell personal data to third parties for their own marketing purposes and we only disclose the minimum amount of personal data required. We may disclose personal data that we collect to third parties for all or any of the following purposes:
- So that we can obtain assistance with the provision of the Cloud Services – in which case we may disclose your personal data to members of our corporate group who we may subcontract the provision of all or part of the Cloud Services to;
- Conducting publicity campaigns – in which case we may disclose your personal data to our marketing suppliers;
- Handling claims and complaints – in which case we may disclose your personal data to our lawyers and insurers;
- Sending out a newsletter – in which case we may disclose your personal data to our email and newsletter service providers;
- In order to identify our Customers and end users – when we are contacted with questions or concerns regarding the products and services we provide;
- In order to record billing details – in which case we provide your bank account and credit card details to our bank and merchant facility providers;
- In order to interface with third party platforms – where you configure your account on CrewCard or use the Cloud Services to do so – in which case we will disclose personal data that you upload or enter into CrewCard as necessary for that interfacing to occur;
- 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 of CrewCard or merge with another entity – in which case we will provide to the purchaser or other entity the personal data that is the subject of the sale or merger;
- Where required by law.
We may also provide your personal data to our lawyers, insurers and professional advisors and any court or administrative body, for one or more of the following purposes:
- For the purposes of obtaining professional advice;
- 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 protection of the public revenue;
- 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;
- Where disclosure is required to protect the safety or vital interests of employees, customers, end users or property.
Third party platforms
CrewCard may include links to, or interface with third party websites and platforms. Our linking to those websites and platforms does not mean that we endorse or recommend them. Where a customer or end user uses CrewCard or the Cloud Services to provide personal data to a third party website or platform, the customer/end user does so at its own risk. We do not warrant or represent that any third party website or platform operator complies with applicable data protection laws. You should consider the privacy policies of any relevant third party websites and platforms prior to sending your personal data to them.
You may interact with social media platforms via social media widgets and tools such as the Facebook Like button and the Facebook pixel that may be installed on CrewCard. These widgets and tools may collect your IP address and other personal data. Your interaction with such widgets and tools, and any single sign-on services such as Open ID is governed by the privacy policies of the relevant social media operators and single sign-on service providers – please read them so that you are aware of how they process your personal data.
We protect personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage using appropriate technical or organisational measures.
The technical and organisational measures that we have implemented are 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 and contractors to comply with privacy and confidentiality terms and conditions in their employment contracts and subcontractor agreements.
- We carry out security audits of our systems which seek to find and eliminate any potential security risks in our electronic and physical infrastructure as soon as possible.
- 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.
- We have processes in place to ensure integrity and resilience of systems, servers and personal data.
If you refuse to provide us with personal data
We do not send “junk” or unsolicited e-mail in contravention of the Spam Act 2003 (Cth). We will, however, use e-mail in some cases to respond to inquiries, confirm purchases, or contact Customers and end users. These transaction-based e-mails are automatically generated. Anytime a Customer or end users or visitor receives e-mail it does not want from us they can request that we not send further e-mail by contacting us via email at email@example.com. Upon receipt of any such request, we will remove the person from our database to ensure that they cease to receive automated emails from us.
Contractors and offshore providers
Subject to the following section “GDPR offshore transfers”, and provided that we comply with the provisions of the Australian Privacy Principle 8 (Cross-border disclosure of personal information), we may transfer your personal data to our contractors and service providers who assist us with providing our products and services to you, where we consider it necessary for them to provide that assistance. They are located in Australia and any country that our customers and end users are located in.
We will only engage new third parties to process GDPR Data entered into and/or uploaded into the Cloud Services by you for us to process as a processor on your behalf (“subprocessors“) if you have authorised us to do so pursuant to a specific or general written authorisation and otherwise in compliance with the requirements of the GDPR.
GDPR offshore transfers
We will not transfer GDPR Data about a person to any country or organisation outside of the European Union, except:
- as reasonably necessary for us to provide or procure the provision of the Cloud Services; or
- as instructed by the person.
Unless otherwise agreed in writing by a data subject, any transfer by us of personal data that a data subject uploads and/or enters into the Cloud Services for us to process on their behalf (which is the subject of the GDPR) outside the European Union will not be carried out unless we have taken such measures as are necessary to ensure the transfer complies with all applicable data protection laws. This may include (without limitation) transferring pursuant to the standard contractual clauses approved by the European Commission (including those clauses annexed to Commission decision of 5 February 2010 (2010/87/EU) as amended or superseded), or transferring to a country or organisation in a country outside the European Union that the European Commission has determined provides adequate protection for personal data.
Retention and de-identification of personal data
We will not keep personal data in a form which permits identification of any person for longer than is necessary for the purposes for which the personal data is processed. We will only process personal data that you enter into CrewCard, and only thereafter for the purposes of deleting or returning that personal data to you (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). We will, following your cessation of use of the Cloud Services, at your option delete or return to you all of the personal data uploaded and/or entered into the Cloud Services by you. Where you require that personal data to be returned, it will be returned to you after the end of the provision of services relating to the processing (“Processing Conclusion Date“), and we will thereafter delete all then remaining existing copies of that personal data in our possession or control as soon as reasonably practicable thereafter, but in any event not more than thirty (30) days after the Processing Conclusion Date, unless applicable law requires us to retain the personal data in which case we will notify you of that requirement and only use such retained data for the purposes of complying with those applicable laws.
Your rights under the GDPR
Subject to the provisions and exceptions set out in the Privacy Act and GDPR, under the Privacy Act and/or GDPR, you have a number of rights, including:
(a) the right to request from us access to and rectification or erasure of your personal data or restriction of processing concerning your personal data;
(b) the right to object to the processing of your data;
(c) the right to data portability;
(d) the right to withdraw consent (where you have consented to the processing of your personal data for one or more specific purposes);
(e) the right to lodge a complaint with the Office of the Australian Information Commissioner or any supervisory authority;
(f) the right to not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or it similarly significantly affects you.
Some of the above rights are available under the GDPR, but not under the Privacy Act. Please contact us if you wish to exercise any of your rights, including the right to opt out of any communications that we send you. We will handle all such requests in accordance with our legal obligations. If you withdraw your consent for processing, object to the processing of your personal data or request us to erase your personal data and as a result it is not possible or practical for us to continue providing you with the Cloud Services, we may terminate your subscription and/or access to CrewCard and charge you any applicable cancellation/termination fees in accordance with our Terms of Service.
How to access and correct personal data held by us
Notifiable data breaches
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, except where limited exceptions apply. For the purposes of the GDPR, certain types of data breaches must also be reported to affected individuals if the breach is likely to result in a high risk of adversely affecting individuals’ rights and freedoms. In addition, the GDPR requires organisations to report certain types of data breaches to the relevant supervisory authority. We will notify you of any data breach that may affect you where we are required to do so in accordance with our legal obligations.
Our contact details
CrewCard is operated by Personnel Manager Australia Pty Ltd ABN 79 608 735 888 of Suite 1/ 736 Pacific Highway Sutherland NSW 2232. If you wish to contact us for any reason regarding our privacy practices or the personal data that we hold about you, please contact us at the following address:
Suite 1/ 736 Pacific Highway Sutherland NSW 2232
We will use our best endeavours to resolve any privacy complaint 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 you make refer the complaint to the Office of the Australian Information Commissioner (OAIC) who can be contacted using the following details:
Call: 1300 363 992
Address: GPO Box 5218, Sydney NSW 2001
In relation to GDPR Data, you may lodge a complaint with any relevant supervisory authority.