Last updated 1 April 2020
(a) ‘us’, ‘we’, ‘our’ and ‘Werkling’ means Werkling Pty Ltd ACN 638 605 302 and our related bodies corporate; and
(b) ‘you’ and ‘your’ means, as applicable:
(i) the person or entity registered with us in order to connect with and provide services to a Business User (‘Talent User’);
(ii) the business seeking to engage the services of a Talent User (‘Business User’); and
(iii) an individual accessing or using our Werkling platform and associated websites (‘Platform’) including, but not limited to, a Talent User or Business User.
What personal information do we collect?
We collect the following types of information about you:
(a) Information that you provide to us directly
You may provide personal information directly to us in a number of ways, including:
(i) when you visit and interact with the Platform and related software;
(ii) when you sign up for an account with us or sign up to our mailing list;
(iii) when you engage in transactions with us;
(iv) when you submit an application to join as a Talent User;
(v) when you submit or otherwise make available an assignment, job, task, project, deliverable or requirement for services on the Platform;
(vi) when you provide us with any feedback in connection with your user of the Platform; or
(vii) when you contact us independently of the Platform, such as by email, phone or in person.
The personal information you provide in these circumstances may include your name, email address, billing address or other information needed by us to allow us to provide our services to you or to enable your interaction with us. For Talent Users, this personal information may also include your CV and employment history.
(b) Device information
Like many websites, when you use the Platform, we automatically collect certain information about your interaction with the Platform including information about your web browser, IP address and time zone. Additionally, as you use the Platform, we collect information about the particular sections of the Platform that you use and how you interact with the Platform. We refer to this automatically collected information as ‘Device Information’.
We collect Device Information using the following technologies:
(i) “cookies” which are data files that are placed on your device or computer and often include an anonymous unique identifier;
(ii) “log files” which track actions occurring on the Platform, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps; and
(iii) “web beacons”, “tags” and “pixels” which are electronic files used to record information about how you browse the Platform.
You can control or reset your cookies through your web browser and, if you choose to, you can refuse all cookies. However, some of the features of the Platform may not function properly if you disable the ability to accept cookies.
How do we use your personal information?
We use the information we collect from and about you for the following purposes:
(a) Providing our products and services: We use the information that you give to us to provide the Platform. This includes allowing you to create an account and to log in to your account, recognising you across different devices and billing you for your use of the Platform.
(b) Communicating with you: We use your contact information to send communications to you about important changes or updates to the Platform. When in line with the preferences you have shared with us, we also provide you with information or advertising relating to the Platform.
(c) Performing data analytics: We use information about you to help us improve the Platform, including by generating analytics about how our customers browse and interact with the Platform, for marketing purposes and to assess the success of our marketing and advertising campaigns.
(d) Customising our products and services for you: We use information about you to make sure that the provision of the Platform is customised to your needs.
(f) Where required by law: We will use or disclose your information where we reasonably believe that such action is necessary to: (a) comply with the law and the reasonable requests of law enforcement or a government authority; (b) to enforce any agreement we have in place with you or to protect the security and integrity of the Platform; and (c) to exercise or protect the rights, property or personal safety of our business, our customers or others.
(g) Where you have given your consent: We may seek your consent to use your information for a particular purpose. Where you give your consent for us to do this, we will use your information in accordance with that purpose. You can withdraw your consent to these uses at any time.
You may at any time refuse to provide the personal information that we request. However, this may limit or prohibit our ability to provide the Platform to you. You may withdraw your consent for us to process your personal information at any time by contacting us in accordance with our ‘Contact us’ section below.
Residents of the European Economic Area (“EEA”)
If you are located in the EEA, you have certain additional rights under European data protection laws regarding your personal information, including the right to request deletion and the right to data portability. We are a data controller for the purposes of European data protection laws.
For personal information subject to the European data protection laws, we rely on the following legal bases to process your information:
(a) where you have given your consent for us to use your information;
(b) where the processing is necessary to perform a contract that we have with you, for example when you use the Platform; and
(c) our legitimate business interests, such as improving and developing the Platform and marketing new features or products (but only where our legitimate interest is not overridden by your interest in protecting your personal information).
In addition, if you are located in the EEA, we must ensure that international transfers of your personal information comply with European data protection laws. The European Commission has the power to determine, on the basis of the European data protection laws, whether a country outside the European Union offers an adequate level of data protection by making an ‘adequacy decision’. To date, the European Commission has not adopted an adequacy decision in respect of Australia. Instead, we rely on other legal bases to lawfully transfer personal data around the world (including transfers to countries like Australia where an adequacy decision has not been adopted).
If you are unhappy with our data practices, you also have a right to lodge a complaint with your local supervisory authority.
Who do we disclose personal information to?
(a) if you are a Talent User, to our Business Users to allow them to determine which Talent Users may be suitable;
(b) if you are a Business User, to our Talent Users to provide them with details about the role you are seeking to fill or services you wish to procure;
(c) marketing platforms, communications platforms, contractors and other third party service providers who we engage to help us process personal information and other data;
(d) if you conduct a transaction with us that requires payment by you, some of your details may be provided to a third party payment processor to allow the transaction to be completed;
(e) government third parties, including government agencies, regulatory bodies and law enforcement agencies as required, authorised or permitted by law;
(f) a third party that acquires or intends to acquire us or our assets; and
(g) other entities if you have given your express consent.
International transfers of personal information
Your personal information will be transferred to third parties located overseas, including in the United States of America where our hosting provider is located and other locations where our third party service providers are located from time to time.
When you use the Platform, your information may also be shared with Talent Users or Business Users (as applicable) located overseas who may be interested in connecting with you.
Changing or deleting your personal information
You may update certain account information such as your name and email address by logging into your account and changing your profile settings. You can also stop receiving promotional email communications from us at any time by clicking on the “unsubscribe link” in the relevant communication.
You may also access, review, update, rectify or delete your personal information by contacting us. We will respond to all requests within 30 days. Please note that deleting your personal information may limit our ability to provide the Platform to you.
We may limit or reject your request in certain cases, including without limitation where the burden or expense of providing access would be disproportionate to the risks to your privacy for that particular situation, where the rights of other persons would be violated or as required by law or governance purposes.
If you need further assistance regarding your access and control of your personal information, please contact us.
Links to third party websites
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it (including encryption and password protection).
However, no method of transmission over the Internet using industry standard technology is 100% secure. Therefore, we cannot guarantee the absolute security of your information.
When you register as a user through the Platform, we will maintain the personal information you have provided for our records because we need this information to operate the accounts you have with us, to deliver the Platform to you and for the other purposes set out in the ‘How do we use your personal information?’ section. We will retain this information for as long as is necessary for the purposes for which it is being processed or where we are otherwise required by law to retain it.
Thank you for taking the time to read this. Please don’t hesitate to get in touch if you have any queries about the use of your personal information – email us at firstname.lastname@example.org.