Traits Competencies Skills Pty Ltd Privacy Policy

Updated: 30 August 2021

1. Introduction

Traits Competencies Skills Pty Ltd and its affiliates (collectively “TCS”, “we”, “our”, or “us”) values the trust our users (“you”) place in us when they give us access to their personally-identifiable information (“Personal Information”). This Privacy Policy (“Policy”) describes how we work to maintain that trust.

TCS has created this Policy in order to outline our collection, use, and sharing of information you provide to us when you access or use TCS’ online services and websites (collectively, the “Site”), including, without limitation, talentapplications.com and any software provided by TCS in connection with such services or websites.

Please note that we reserve the right to review and update this Privacy Policy from time to time. Accordingly, each time you access or use the Site, you should check the Last Updated legend at the top of this Policy and review any changes since you last accessed or used the Site. If you access or use the Site after an updated Privacy Policy is published, you will be deemed to have agreed to the amended Policy.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BY ACCESSING AND USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO THE TERMS OF, THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OR USE THIS SITE OR USE OUR SURVEY TOOL.

 

2. Information that we collect about you

Information Provided by You Upon Purchasing Our Services

When you purchase our services on the Site, you may be asked to provide or confirm certain pieces of Personal Information, which may include one or more of the following:

1. First and last name
2. E-mail address
3. Mobile number
4. Current company and job title

You are under no obligation to provide your Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the Site’s features and services for which your information is required.

Data submitted by Your use of Our Site

When you complete our assessments (the “Assessments”) on the Site, we also collect and retain your Data, which is defined as information and data collected from the answers you provide in the course of completing our Assessments. After your completion of the Assessments, the Site will review your Data and generate your specific “Profile”, which contains the Site’s assessment and description of your traits, competencies and skills.
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Information Provided When You Contact Us

We may collect Personal Information that you voluntarily provide to us when you contact us with a question, comment, business inquiry, or other request for information. We collect one or more of the following types of Personal Information when you contact us with a question or comment, or request information from us about our products and services:

1. Name
2. E-mail address
3. Mobile Number

Passively Collected Information

When you access and use our Site, we may automatically collect and retain certain types of information, including your computer or device’s internet protocol (IP) address and other technical information about your computer or device and website usage, such as your browser type and version, time zone setting, and operating system and platform.
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We also use cookies on our Sites; for more information, please see the Cookies and Other Tracking Technologies section below.
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We may collect certain additional information when you access our Site with a mobile device. This information may include location, device type, unique device identifier, operation system, and other app-specific user data. This data is analysed to help us create a more user-friendly mobile experience. You may restrict collection of certain data, like location by changing the setting preferences on your mobile device.

3. Cookies and other tracking technologies that we use

We and our service providers use cookies, beacons, embedded scripts, and local shared objects in connection with the Site.

• Cookies are small text files that are stored on your computer or device when you visit our Site. Cookies allow a website to recognise a particular device or browser. The use of Cookies is a standard practice among websites to collect information about visitors’ activities while using the website.
• Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on our Site and typically work in conjunction with cookies to assist our site with the automated collection data on user behaviour. Talent Applications will not be able to personally identify you in connection with these practices.
• An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your computer or device from our web server or a third-party service provider, is active only while you are connected to the Site and is deactivated or deleted thereafter.
• Local Shared Objects.Local shared objects (or Flash cookies) are pieces of data that websites which use Adobe Flash may store on a user’s computer or device. Third parties with whom we partner to provide certain features on our Sites or to display advertising based upon your web browsing activity use local shared objects. Various browsers may offer their own management tools for removing local shared objects. In addition, you may manage Flash cookies by clicking here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html

The above technologies are used in analysing trends; administering the Site and its features and services; tracking users’ movements around the Site; and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.
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We use cookies to remember users’ settings, market products and services to users, and for authentication purposes. To manage the cookies that are placed on your computer, you may configure your internet browser to refuse, accept, or delete cookies from our Site at any time. The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies; how to have the browser notify you when you receive a new cookie; or how to disable cookies altogether. Please note that if cookies are disabled or removed, not all features of our Site will operate as intended.
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Third-Party Analytics. We may also use service providers, such as Google Analytics, that may use cookies or other technologies to collect information about your online activities across this and other sites over time for non-advertising purposes such as those described above. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/.
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4. What we do with the information we collect

• General Uses. We use the information we collect to manage, analyse, develop, customise, and improve our Site as well as our products and services (including our Assessments). We sometimes use automated decision making in processing your information, such as to create your “Profile.” Your “Profile” is used to help inform workforce planning decisions by determining your traits, competencies and skills by comparing your individual results against the results of other employees performing that talent acquisition job.
• Information Provided When You Register for an Account and Use Our Site and Other Products and Services. We may use this information to authorise and administer your access to the Site, verify your identity, authenticate your visits, and provide our products and services to you. We may also use your information to improve and personalise your experience with us (including showing you relevant information such as your strengths), and, with your consent where necessary, remind you to finish any incomplete assessments, send you information about us, and keep you informed of our products and services that may be of interest to you. We may combine your Personal Information with other Personal Information lawfully collected from third parties in order to improve products and services.
• Information Provided When You Contact Us (Including Signing Up for Sales and Marketing Communications). We may use this information to understand and respond to your question or comment, and/or reach out to you regarding your inquiry or request regarding our products and services.
• Passively Collected Information. We use passively collected information to monitor and maintain the performance of our Sites; analyse trends, usage, and activities in connection with our services; validate users and ensure their technological compatibility with users; optimise our marketing efforts; and to provide our products and services to you, including analysing your Assessment submissions, and developing your Profile.
• Aggregated or De-identified Data. We may use your Personal Information and passively-collected information to create aggregate or de-identified data, such as data that describes the general demographics, usage, Assessment Data, or other characteristics of a Site’s users. We reserve the right to use, and/or transfer aggregated or de-identified data about the Site’s users for any lawful purposes. We also reserve the right to use such information in collaboration with outside researchers to measure, quantify and audit the validity and fairness of our products and services.
• Incumbent Employees. If you were directed to visit the Site, purchase an Assessment(s), and complete the Assessment(s) by your current employer, then we may use your information to create a talent assessment model for a specific role. In such a scenario, you would be deemed an “Incumbent Employee.”
• Job Candidates. If you were directed to visit the Site, purchase an Assessment(s), and complete the Assessment(s) as part of the job application process for a specific employer or your current employer, then we may use your information to assess your fit to the specific role(s) or to assess your fit for another role. In such a scenario, you would be deemed a “Job Candidate.”
• Other Purpose. We may use your information for any additional purpose which you specifically consent to in the course of accessing and using our Site.

Lawful Basis for Processing Your Information. If we act as a controller, our lawful basis for collecting and using the information described in this Privacy Policy will depend on the information concerned and the specific context in which we collect or use it. We normally collect or use information from you or others only where we have your consent to do so, where we need the information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may have a legal obligation to collect or retain personal information or may need the personal information to protect your vital interests or those of another person. If you have questions about or need further information concerning the lawful basis on which we collect and use your personal information, please contact us using the contact details provided in Section 8 of this Privacy Policy.

 

5. What we do with the information we collect

Personal Information of our users is an integral part of our business. We reserve the right to share your Personal Information with third parties as described below. We also reserve the right to use and/or transfer aggregated de-identified data derived from Personal Information, for lawful purposes in our discretion. Note that we do not share Personal Information with third parties for their direct marketing or revenue generating purposes.

• Service Providers. We, like many businesses, sometimes hire other companies (“Service Providers”) to perform certain business-related functions. Examples include customer service, maintaining databases, data storage, cloud services, and hosting services. When we employ a Service Provider to perform a function of this nature, we provide it with the information that it needs to perform its specific function, which may include Personal Information and other information that you provide to us. These Service Providers are authorised to use your information only as necessary to provide these services to us.
• Legal Requirements. We may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to (a) comply with a subpoena or similar legal obligation; (b) protect and defend our rights or property; (c) act in urgent circumstances to protect the personal safety of users of the Site or the public; (d) protect against legal liability; or (e) as otherwise required or permitted by law.
• Job Candidates. If you are a job candidate completing the Assessments as part of the job application process, then we share your Personal Information and Profile with the employer and any third party that is pertinent to the employment application process for the specific role(s) you are applying.
• Business Transfers. As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganisation, dissolution, total or partial sale of assets in bankruptcy or similar event, your Personal Information and other information may be part of the transferred assets.
• Other Third Parties. We may disclose your information to other third parties with your prior express consent. You hereby consent to our sharing of your Personal Information and other information for the above purposes.

International Transfers of Personal Information. The Personal Information that we collect from you may be transferred to, and stored at, a destination internationally outside your country of residence, such as Belgium, USA and Australia. It may also be processed by staff operating internationally. The country in which your Personal Information may be transferred to and processed in may have data protection laws that are different to the laws of your country (and in some cases, may not be as protective). By submitting your Personal Information on the Site, you agree to this transfer, storing, or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. For more information on where we store Personal Information and on our security, please see the “Security” section in Section 7 of this Policy below.

 

6. Your choices regarding your information

Choice

You are not required to create an Account to gain access to many services and features of the Site. If you use the Site’s personalised services and features (e.g., the Assessments), you will need to purchase a plan, register and enter Personal Information, which we will treat as described in this Privacy Policy.

Our Opt-out Policy

We may send you notifications and communications using the email address you provided to us when you contact us or purchase our Assessments. To stop receiving some or all email communications from us, you can let us know via privacy@talentapplications.com.
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We will also send you service-related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do not have an option to opt out of these emails, which are not promotional in nature. If you do not wish to receive these announcements, you will not have the option to complete our Assessments.
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We may also send you information for marketing purposes if you have signed up for such communications or otherwise indicated an interest in receiving such communications. If you no longer wish to receive these communications, you may opt-out by contacting us directly or by clicking the opt-out link in our email marketing communications.

Accessing, Correcting, and Updating Your Information

You may email us at privacy@talentapplications.com with information necessary for us to process your request. We will respond to your request within a reasonable timeframe. We may need to verify your identity before granting access to Personal Information in our custody or control.‍

Deleting Your Information

You may request to delete your Personal Information by emailing us at privacy@talentapplications.com with information necessary for us to process your request. Note that any deletion request will be subject to our Retention Policy below.

GDPR Rights

The underlying rationale of the GDPR is to empower you (Data Subjects) to control how your personal data is processed. We have a responsibility to protect your individual privacy and autonomy, and to comply with the requirements of the GDPR. More importantly, we genuinely believe the world will be a better place if you are empowered to control the use of your own data. We at TCS have invested heavily in enabling you to exercise your rights under the GDPR to the maximum extent possible.

Contact Details for Redress:
Traits Competencies Skills Pty Ltd
18 Foam Avenue
Blairgowrie, VIC 3942
privacy@talentapplications.com

 

You have the following rights under GDPR:

i. Right to be Informed. You have the right to be informed about the collection and use of your personal data. This is a key transparency requirement under the GDPR. How we help: The privacy policy is designed to inform you about how your information is processed, as well as what your rights are.
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ii. Right of Access. You have the right to access your personal data and supplementary information to be aware of and verify the lawfulness of processing.
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iii. Right to Rectification. You have the right to have personal data rectified if it is inaccurate or incomplete.
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iv. Right to Erasure. You have the right to request the deletion or removal of your personal data where there is no compelling reason for its continued processing. Your data will be removed from Talent Applications and placed in restricted archival storage for 2 years before being deleted to comply with relevant laws governing employment records retention.
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v. Right to Restrict Processing. You have the right to ‘block’ or suppress processing of your personal data. Your data will be removed from Talent Applications and placed in restricted archival storage for 2 years before being deleted to comply with relevant laws governing employment records retention.
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vi. Right to Data Portability. You have the right to obtain and reuse your personal data for your own purposes across different services.

vii. Right to Object. You have the right to object to processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling), direct marketing (including profiling), and processing for purposes of scientific/historical research and statistics.
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viii. Automated individual decision-making, including profiling. You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal or similarly significant effects.

Our Retention Policy

We retain Personal Information from you with your consent, or where we have an ongoing legitimate business need (for example, to provide you with a service or other information you have requested or to comply with applicable legal requirements). When we have no on-going legitimate business need to process your Personal Information, we will either delete, de-identify or anonymise it, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. The following are examples of how long we typically retain your Personal Information for legitimate business needs:
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When You Interact with Sales, Marketing, and Customer Support: We may retain your Personal Information as long as necessary to provide you with your request for information or other responses.
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When You Complete Our Assessments: We may retain your information for as long as your Assessment is active or as long as necessary to provide you with our services, comply with our legal obligations, preserve and protect our rights as allowed by law, resolve disputes, maintain security, prevent fraud and abuse, and enforce our agreements (including our Terms of Service).
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In accordance with our obligations and requirements under local law, we must retain your information for a period of two (2) years following the date of your last recorded entry for a particular Assessment. As a result, if you request deletion of any information prior to this 2-year anniversary, we must wait until the 2-year period has passed, after which we will process your deletion request. If you do not have any recorded Assessments during the last two (2) years, then we will process your request within ten (10) business days of receipt.

Even if we are obligated to retain certain information, once you request deletion of your Personal Information, your Personal Information will cease being visible to third parties through our Site.

As discussed above, we may aggregate or de-identify our user’s Personal Information and other information; such data cannot be used to identify you. We will retain such data even after any Personal Information deletion requests have been processed.
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When We Process Your Personal Information on Behalf of Our Customers: We retain your Personal Information in accordance with the timeframes set out in the relevant customer agreements between us and the applicable customer(s).

 

7. Miscellaneous

Other Websites. Our Site may contain links to third-party owned and/or operated websites or mobile applications. We do not own nor control these third-party websites or mobile applications, and accordingly assume no responsibility for the information practices of those sites or apps. We suggest that you review their privacy, security, and data collection and distribution policies, if any, prior to providing such websites or apps with any information.‍

Security. The security of your Personal Information is important to us. We take commercially reasonable steps to help protect your Personal Information from loss, misuse, unauthorised access, disclosure, alteration, and destruction. For example, we use one or more of secure socket layer (SSL) encryption, firewalls, and self-updating anti-virus software. While we take all steps we consider appropriate to protect your data, including technical and organisation measures to ensure that your Personal Information is handled securely in accordance with this Privacy Policy; unfortunately, no company can fully eliminate security risks, so we cannot make guarantees about any part of our services.

Minors. Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Information at the Site. We do not knowingly solicit or collect information from visitors under eighteen (18) years of age. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.‍

Contacting Us. The Contact Us link on the Site contains an e-mail link that allow you to contact us directly with any questions or comments that you may have. If you have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at privacy@talentapplications.com or at:
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ATTN: Data Protection Officer
Traits Competencies Skills Pty Ltd
18 Foam Avenue
Blairgowrie, VIC 3942
Australia

 

How can I make a complaint?

If you have a complaint or concern regarding our handling of your personal information or think that your privacy has been affected you should contact us as detailed above for an examination of your complaint or concern.  If you remain unsatisfied with the way in which we have handled a privacy issue, you may approach an independent advisor or contact the Office of the Australian Information Commissioner (OAIC). See www.oaic.gov.au for how to make a complaint.

 

Annex–Information for citizens of the US State of California under the California Consumer Privacy Act (“CCPA”)

Consumers residing in California have some additional rights with respect to their personal information under the California Consumer Privacy Act or (“CCPA”). If you are a California resident, this section applies to you and supplements the main privacy policy above.

1. Categories of Personal Information Collected. In the preceding 12 months, we have collected the categories of personal information listed under Section 2. “INFORMATION THAT WE COLLECT ABOUT YOU” above.
2. Your Rights. Under the California Consumer Privacy Act of 2018 (“the CCPA”), if you are a California consumer, you have the right to know and see what personal information we have collected about you over the past 12 months, including: the categories of personal information we have collected about you; the categories of sources from which the personal information is collected; the business or commercial purpose for collecting your personal information; the categories of third parties with whom we have shared your personal information; and the specific pieces of personal information we have collected about you. You also have the right to request deletion of your personal information (subject to certain exceptions), to opt out of sales of personal information and to receive equal service and price and not be discriminated against even if you exercise any of their other CCPA rights.‍

California consumers may make a rights request by:
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– Email: sending a request via email to privacy@talentapplications.com. Your request must include sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, which may include your email address and name. We will not discriminate against you if you choose to exercise your rights under the CCPA. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.
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3. Sale of Personal Information. We do not sell your personal data to third parties.
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4. Further disclosures. For further disclosures regarding your personal information, as required by the CCPA, please refer to the main privacy policy above. You can find information about the business and commercial purposes for which we collect your personal information in Section 4. “WHAT WE DO WITH THE INFORMATION WE COLLECT”. Section 5 “WITH WHOM WE SHARE THE INFORMATION WE COLLECT” provides information about the categories of third parties to whom we disclose your personal information to, as well as information regarding which categories of personal information are being disclosed.