Legal

Privacy Policy

How we collect, store, use and protect personal information, in accordance with the Privacy Act 1988 (Cth).

A. Description of Our Service/Product

Technology Search Group PTY LTD (ACN 609 202 628) of Suite 3, Level 27, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000, trading as Lumika Search, (“We”, or “Us”) provides the following services and/or products (“Services and/or Products”) to persons or companies that have an account with us (“Clients”): A recruitment and placement business. We gather Personal Information in the following situations: (1) Each Client that We create an account for provides us with Personal Information when they create the account, e.g. to create login credentials for users. (2) Each Client may give us access to the Personal Information of their customers, contractors, employees, and other associates or contacts, to facilitate the delivery of our Services and/or Products. (3) Some Clients may authorise us to access Personal Information, as part of the delivery of the Services and/or Products. Our collection, storage, use and disclosure of any Personal Information that we acquire is covered by this Privacy Policy.

If We have collected the Personal Information directly then We usually have control of the way in which that information is handled from the outset. If our access to the Personal Information is downstream from the collector of the information, then We will have the degree of control and access that is allowed by the collector. Such collectors may include: the operator of a third-party Website (which could be a Client, or an entity that a Client has a commercial relationship with); or the operators of Social Media Platforms which have the agreement of Website Visitors to use tracking technologies, including beacons, cookies and pixels, to track the Visitors’ use of Websites and to use that information for advertising or other commercial purposes.

B. Definitions

The following terms used in this Privacy Policy have the meanings given below:

“Client” means a person or entity that has an account with us, and to which we provide Services and/or Products.

“Personal Information” means information that identifies an individual person, the collection, use, storage and disclosure of which is regulated by privacy laws in force in Australia or which otherwise apply to Us.

“Products” means any products that We provide to Clients, under contract.

“Services” means any services that We provide to Clients, under contract.

“Social Media Platform” includes any social media service, such as Facebook or Instagram, which enables third parties to monitor Website visits by subscribers to that platform, and/or to target those subscribers with advertising or other communications.

“TOU” includes the terms of use for Our Website and the terms of service, or terms and conditions, that apply to the supply of our Services and/or Products.

“Website” means any website the Use of which We monitor through tracking technology, including Our own Website and (where relevant) the Websites of Our Clients.

“Website Visitor” or “Visitor” means a Website visitor or user.

C. Our Collection of Personal Information

We collect Personal information from Clients and may also choose to collect such information from Website Visitors as described in Section A above. We store, use and disclose this Personal Information in accordance with the applicable privacy legislation in Our home jurisdiction of Australia, namely the Privacy Act 1988 (Cth). We recognise the importance and sensitivity of that Personal Information and use Our best efforts to maintain its confidentiality in accordance with this Privacy Policy.

If We are aware that the Personal Information We are collecting relates to a person located in the European Union or European Economic Area, We will also comply with the General Data Protection Regulation (GDPR) of the EU, in respect of that information.

Where the GDPR applies to Our collection, storage, use and disclosure of Personal Information, a relevant data subject may have the following rights:

A right to access, update or delete information in Our possession.
A right to rectification, i.e. to request Us to correct any information that is inaccurate or incomplete.
A right to object, i.e. a right to object to Our processing of the information.
A right of restriction, i.e. a right to request that We restrict the processing of the information in certain ways.
A right to data portability, i.e. a right to be provided with a copy of the information in a structured, machine-readable and commonly used format.
A right to withdraw consent, i.e. a right to draw consent to Us processing the information.

Please note that, in the case of Website Visitors, we collect relevant information on the basis that Our access to that information has already been consented to by the relevant data subject, either as a condition of using the relevant Website, or in connection with the subject’s subscription to or use of a relevant Social Media Platform, or via another third-party relationship.

Any person located within the EEA who claims that their privacy rights have been affected by Us will be asked to verify their identity and location before We can respond to their claim. We will use Our best endeavours to respond to all inquiries about Personal Information quickly and courteously. An EEA resident may have the right to complain to a Data Protection Authority about our collection and use of their Personal Information, and are encouraged to check with their local Data Protection Authority to learn what their rights are.

When opening an account with Us, a Client consents to our collection, storage, use and limited disclosure of that Client’s Personal Information, or that of its relevant employees, for purposes related to the delivery of the Services and/or Products. Where the Client authorises Us to track Website Visitors, as part of our Services and/or Products, then the Client warrants to Us that it has full legal and contractual authority do so.

We do not knowingly collect Personal Information from anyone under the age of 18. If You are the parent or guardian of such a person, and you are aware that a minor in your custody has provided Us with their Personal Information, please contact Us. If We become aware that we have collected the Personal Information of any minor without verified parental consent, We will take immediate action to delete that information.

E. Policy Details

1. Why We Collect Personal Information

As stated above, We collect Personal Information either for the purposes of managing a Client’s account, or in the course of providing a Client with Our Services and/or Products, or for monitoring a Website for business reasons. The purposes for which We collect Personal Information, in whatever form, include the following:

In the course of delivering our Services and/or Products.
When monitoring Website Visitors.
To facilitate the use of and access to interactive features of our Website.
To monitor and measure the performance of our Website or the use of our Services and/or Products.
For technical reasons, to detect, prevent and respond to operational problems with our Website and the delivery of our Services and/or Products.
To provide Clients with commercial information that they have consented to receive.

2. How We Collect Personal Information

We have access to Personal Information when a Client creates an account and gives Us the information, or when a Social Media Platform enables the collection of a Website Visitor’s Personal Information, and We collect that Information in the course of our business. The technology that enables the tracking of Website Visitors and the use and analysis of that information relies on features created by the operators of Social Media Platforms, which are available to be used by website owners.

Website Visitors automatically generate certain information, including technical information from their internet browser, mobile device, internet service provider (ISP) or telecommunications carrier, such as IP addresses (which normally identify country locations), interactions with cookies, beacons, pixels and other visitor-detection and identification software, hardware signatures, GPS signatures of mobile devices, hardware fingerprints, or other attributes, such as the duration of visits, which webpages are accessed within a website and what other websites the Visitor came from and left to. We may utilise these data collection features as part of our legitimate business activities, for purposes including the purposes listed above.

We may rely on such data that we collect in an anonymised manner to do things like track consumer behaviour trends, track payments, and do other things as part of Our routine business activity. We may need to request third parties with special expertise to assist us to do these things.

If You visit Our Website, We may use cookies or other anonymous identifiers to track Your behaviour, revisitation frequency, interaction with interactive features and other characteristics in the way those tools are usually used by website operators.

Please note that this Privacy Policy relates only to Our activity. Where Your Personal Information is being tracked or captured by any other person or entity, You must exercise caution to find out what rules and policies are applied by that other person or entity.

3. What We Use Your Information For

As explained above, We use Personal Information in the course of providing Our Services and/or Products to Our Clients, or for Our own business, administrative or management purposes.

4. Where Do We Store Your Information?

We store Personal Information that We collect electronically on servers owned and operated by third parties that We rent that may be located within Australia and/or outside Australia, i.e. in other countries. Although We use Our best efforts to ensure that all information We collect is kept safe and secure, and that we rely only on trustworthy business partners, We are not in control of servers rented from or operated by third parties, and therefore cannot decide where those resources are located, or guarantee that those servers will be immune from hacking or unauthorised access. If any breach of security of a server used by Us comes to Our attention, We will take immediate steps within Our ability to rectify the problem.

5. How Do We Protect Your Information?

We use Our best endeavours to store Personal Information in a secure way that is consistent with best practices in our industry in Australia.

If Our Clients have online access to our computer system in which their information is stored, or by which it is submitted to us, then We will provide the Clients with login IDs and passwords to make that access more secure. Each Client, however, is entirely responsible for maintaining the security of its account password, login details and other account information, and is not permitted to share that information with anyone else without our permission.

We retain Personal Information only for as long as is necessary for the purpose for which the information was collected, or as may be required to comply with our legal or contractual obligations (including under our TOU), or to resolve any disputes.

6. Third Party Websites

If Our Website includes a link to a third party website, we cannot accept responsibility for any person’s interaction with that other website, although we use our best efforts to avoid linking to any website that we learn has any suspicious or malicious aspects.

7. Notifications From Us

Clients will be given the opportunity to opt in or opt out of receiving commercial information from Us, e.g. notifications regarding new services or products.

We will send Clients administrative and account-related messages that they may not opt out of, because of the importance or legal significance of those messages. To terminate all communications from Us, a Client must close down its account with Us.

8. How You Can Access Your Personal Information

Subject to and in compliance with any applicable regulations or laws, We will allow You, at any time, to access, check, review, or request the edit, update and/or delete Your personal account-related information that We hold, unless:

9. We are legally permitted or required to deny You access to, and/or to retain, the information; or

10. You make request(s) that are unreasonably repetitive, require Us to make a disproportionate technical or administrative effort, or to risk the privacy of other persons, or where the request would be highly impractical to comply with.

Please let Us know if You would like Us to correct any of Your Personal Information in our control. Examples of Personal Information include: Your name, address and date of birth. If You wish to access this Personal Information, or have some other query about this Privacy Policy, please contact Us at: info@lumikasearch.com.au with the subject heading: “Privacy Action Request for Lumika Search”.

In order to protect information (including Personal Information) in our computer system from being tampered with or being accidentally removed or corrupted, residual and backup copies of most types of information continue to exist after any authorised deletion, and will remain available until purged completely. You should be aware therefore that when We delete Your Personal Information from our computer system at Your request, residual or backup copies of that information may remain in the system for a period of time thereafter, but in most cases will be completely removed within a reasonable timeframe having regard to current practices in Our industry in Australia.

11. How You Can Make Inquiries

Please direct any questions You have about Our storage and use of Your personal information by email sent to Our email address shown above. If You make a formal written complaint to a government agency regulator in relation to Our compliance with this Privacy Policy or any applicable regulations or laws, We may request You to provide Us with information verifying that the complaint was made, and explaining the basis of the complaint. We encourage You to approach Us regarding any difficulties or problems regarding Your Personal Information.

12. Updates to this Policy

This Privacy Policy may be updated or varied by Us from time to time. We will notify Clients of such updates via our Website, and those notifications will remain visible for a reasonable amount of time not less than 48 hours. Please check Your email messages regularly for any announcements or notifications from Us. We will update the date-stamped version identifier (shown below) whenever We update this Privacy Policy. It is Your responsibility to check the version identifier to become aware of whether You are reading an updated version of this Privacy Policy.

Version information: this version is: No. #### (####)