Privacy Policy - AGC Recruitment Pty Ltd

Your privacy is important to us

At AGC your right to privacy and our treatment of your personal data is important. AGC is subject to the Data Protection Act 1998 (the “Act”) and subordinate legislation. The following statement outlines how AGC manages personal data that it holds about individuals in accordance with the Act.

For the purposes of the Act the data controller is AGC Recruitment Pty Ltd.

Personal data – what is it?

Personal data is any data which relates to a living individual who can be identified from those data or from those data and other information which is in the possession of, or likely to come into the possession of, a data controller and includes any expression of opinion about the individual and any indication of the intentions of the data controller or other person in respect of the individual.

It may range from the sensitive (e.g. medical history or condition) to the everyday (e.g. address and phone number). It would include the opinions of others about your work performance (whether true or not), your work experience and qualifications, psychometric assessment results and other data obtained by AGC in connection with your possible work placements.

Personal data includes sensitive personal data.

Sensitive personal data – what is it?

When personal data concerns the matters listed in section 2 (a)-(h) of the Data Protection Act 1998 as amended, modified or replaced from time to time, it is considered sensitive personal data.

AGC will only collect, use or disclose sensitive personal data about you in accordance with the law. In most cases, AGC will only collect, use or disclose sensitive personal data where it has received your explicit consent.

Who will be collecting your personal data?

AGC is a specialist professional recruitment consultancy placing candidates on a permanent, contract and interim basis in various specialisms.

For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the “Conduct Regulations”) AGC operates as:

an agency when recruiting for permanent positions or fixed-term assignments direct with AGC ‘ client; and
an employment business when recruiting for temporary assignments where services will be supplied to AGC ‘ clients via AGC.

AGC will be bound by applicable terms of the Employment Agencies Act 1973 and the Conduct Regulations, unless you do not act for and under the control of AGC ‘ client(s) when providing your services via AGC or you provide services via a company and you and that company have agreed to opt out of the application of the Conduct Regulations.

Your personal data will be collected by AGC to provide you with recruitment and/or related intermediary services.

AGC may also collect your personal data on behalf of AGC Outsourcing or AGC Professionals – all members of the same group of companies.

How will your data be collected?

Generally, AGC collects personal data directly from you. For example, it collects personal data when you:

deal with AGC in person, by telephone, letter, fax, email or via our website;

supply a CV or application form.
fill out and submit a registration form.
subscribe to job alerts emails.
submit any other information in connection with your application for registration.

Personal data about you may also be collected from third parties that AGC contacts for verification or vetting purposes. For example, when AGC receives:

any reference about you;
results of enquiries of former employers or engagers, work colleagues, professional associations or registration bodies;
the results of any psychometric, competency or medical test;
performance feedback (whether positive or negative);
any complaint from or about you in the workplace;
any information about a workplace accident in which you are involved;
any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you are involved.

AGC will normally require you to provide signed consent to enable us to obtain personal data from third parties (unless you have indicated your consent in some other way) but, if AGC does not have your prior consent, it will take reasonable steps to inform you as soon as possible that it has collected personal data from a third party and ensure you are aware of the purposes for which AGC has collected your personal data.

How AGC may use and disclose your personal data

to provide recruitment and/or related intermediary services to or for you and to facilitate the recruitment process;
to match your details against job vacancies which AGC feels may be appropriate for you in order to assess your suitability for them;
to apply for jobs on your behalf by sending your data to clients;
to allow you submit your CV, apply for specific jobs or to subscribe to AGC ‘ job alerts so that AGC can notify you when relevant job vacancies arise;
to market our recruitment services to you across all areas of the AGC business;
to develop and market other products and services, to improve AGC ‘ customer service and to make AGC ‘ services more useful to you (which includes tailoring the AGC ‘ website and those of AGC ‘ group companies in order to better suit your requirements);
to inform you about any relevant industry developments, send you details of any events, promotions and competitions, and to communicate any other relevant information;
to maintain and promote AGC business relationships;
to answer your enquiries or questions;
for other purposes for which you have engaged AGC .

AGC may also disclose your personal data to third parties if they have a proper interest in the disclosure, such as:

a member of the AGC Group;
prospective employers or engagers;
other recruitment companies or intermediaries involved in managing the supply of personnel;
in the case of Resource Solutions Limited, sub-contractors of recruitment services;
external vetting bodies e.g. to obtain Credit and Background checks;
third parties who perform functions on AGC behalf and who also provide services to AGC, such as professional advisors, IT consultants carrying out testing and development work on AGC business technology systems, research and mailing houses and function co-ordinators;
AGC insurers;
a professional association or registration body or regulatory or law enforcement agencies if AGC is required by law to do so.

If AGC engages a third party contractor to perform services which involve handling or processing personal data, it takes reasonable steps to prohibit the contractor from using personal data except for the purposes for which it was supplied or for processing it other than in accordance with AGC ‘ instructions.

If AGC enters into a joint venture with, is sold to or merged with another business entity, your personal data may be disclosed to AGC ‘ new, or potential, business partners or owners. By providing AGC with your personal data, you consent to AGC disclosing your data to its new, or potential, business partners or owners if one of these situations arises.

Unless required or permitted to do so by law, AGC will not otherwise share, sell or distribute any of your personal data without your consent.

If you do not give AGC the data it seeks

If you do not give AGC the personal data it seeks (provided that the data sought is reasonable and relevant to the services being provided to or for you), it is unable to provide you with recruitment and/or related intermediary services.

Security of your personal data

AGC holds personal data in a combination of secure computer storage facilities and paper-based files.

AGC has security procedures in place to protect the personal data it holds from misuse, loss, unauthorised access, modification or disclosure.

AGC uses a number of processes to protect your personal data including:

locks and security systems;
computer passwords and limited access to shared network drives to authorised staff;
virus checking;
auditing procedures and data integrity checks;
recording of file movements;
security classification to identify data needing special protection.

AGC will keep your personal data no longer than necessary. AGC will appropriately dispose of your personal data when it is no longer required or if you ask to be removed from our systems so that it is protected from unauthorised use or disclosure.

However, please note that AGC is obliged under the Conduct Regulations (where applicable) to keep a record of your personal data and other information for a period of at least one year from the date of creation of the record or, if later, at least one year after the date on which AGC last provides services to you.

You can request access to your data

You may request access to any personal data AGC holds about you in accordance with the Act. AGC may charge a fee to cover the reasonable costs of retrieval and supply of the data to you.

AGC is not always required to provide you with access to all of your personal data on request.

AGC may refuse your access to certain personal data in a number of circumstances, such as where denying access is required or authorised by law.

If AGC denies your request for access it will provide you with reasons for the refusal.

Keeping your personal data up to date

AGC takes reasonable steps to ensure that your personal data is accurate, complete and up to date.

AGC may also contact you from time to time to check that the data is still correct. However, please let AGC know of any changes to your details as soon as you reasonably can in order for AGC to maintain the accuracy of information held on you.

If you believe that personal or sensitive personal data AGC holds about you is not accurate, complete and up to date, AGC will take reasonable steps to correct it.

If AGC is unable to agree that the personal data it holds about you is accurate, complete and up to date, you may apply to Court for an order for rectification, blocking, erasure or destruction.

You may request to unsubscribe from job alerts and marketing material at any time. If you wish to contact us in this regard, please e-mail contact@robertwalters.com

Transfer of your personal data outside of the EEA

The personal data AGC collects from you may be transferred outside the EEA either by AGC and/or by any of the third parties to whom your personal data may be disclosed to as listed in the section “How AGC may use and disclose your personal data”. Such transfers will occur where they are necessary as part of the recruitment and/or related intermediary services AGC provides to or for you, e.g. where you apply for a vacancy or position outside the EEA, or where the transfer is authorised by law. By providing personal data you agree your data may be transferred outside of the EEA in such circumstances.

AGC and/or the third parties to whom we may disclose your personal data may store your personal data on a server overseas. By providing personal data you agree your data may be transferred to servers located overseas.

AGC will take reasonable steps to ensure your data is treated securely outside of the EEA.

Cookies

A cookie is a simple text file that is stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information, such as a unique identifier and the site name.

Cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your login details and move to another page it won’t recognise you and it won’t be able to keep you logged in.

AGC also use ‘analytical’ cookies to help us improve the way our website works, for example, by making sure users are able to find what they need easily.

You can find out more about the use of cookies on http://www.allaboutcookies.org/

Other Websites

Clicking on links and banner advertisements and RSS feeds may result in your transfer to another website, where data privacy practices may be different to that of AGC. It is your responsibility to familiarise yourself with these privacy policies as AGC accepts no responsibility for and has no control over them or any information or data collected by or for them.

Changes to Privacy Policy

This privacy policy may be altered or updated by AGC at any time, in which case AGC will advise you of any such alterations or updates by notice on the AGC website.

How to contact us:

If you wish to gain access to or correct your personal data or make a complaint about a breach of your privacy, please contact:

Tel: +27 011 803 9465

E-mail: info@agclegal.co.za