How does FastTrack360 deal with individuals rights?

The FastTrack360 service supports an employment agency in managing an individual’s rights by;

Individual’s right to access

If an individual asks the employment agency, they can confirm whether they are processing the individual’s personal information and, if so, provide them with a copy of their personal information via a standard report. This will incorporate what is deemed as personal identifiable information:

• Name and surname

• Home address

• Mobile/phone details

• Gender

• Marital status

• Email address

• Portal username

• Date of birth

• Location data / IP address

• Passport number / social security number/ license details

• Nationality

• Emergency contact details

• Profile / interpersonal data

• Medical data – end-to-end only

• Tax identification TFN - Australia, NI – United Kingdom, IRD – New Zealand

• Bank details

• Pension/superannuation/Kiwi Saver

• Resume/files (name list only) – end-to-end only

• Candidate comments – end-to-end only

• Leave request history

• Custom fields

Individual’s right to rectification

If the personal information held about an individual is inaccurate or incomplete, the individual is entitled to have it rectified. If the employment agency has shared the individual’s personal information with others, they will need to let them know about the rectification where possible. If the individual asks the employment agency, where possible and lawful to do so, they will tell you who they have shared your personal information with so that individual can contact them directly.

Individual’s right of erasure

An individual can ask the employment agency to delete or remove their personal information in some circumstances such as where we no longer need it or if the individual withdraws their consent (where applicable).

EU / Australia / New Zealand

Any individual request to erase data where it has been processed in FastTrack360 for the purpose of payroll and billing would not be entitled to execute this right as the employment agency must keep such records for the purpose of tax reporting (authorities like HMRC – United Kingdom, ATO - Australia, IRD – New Zealand they will be bound to the period defined by the governing agency i.e. ATO – 7 years, to which such pay data must be kept for record keeping) , auditing, and work safety.

Once the data has passed its useful life the employment agency may anonymise such data to remove the personal identifiable information.

Individual’s right of restricted processing

An individual can ask the employment agency to 'block' or suppress the processing of their personal information in certain circumstances such as where you contest the accuracy of that personal information or they object to the employment agency processing it. If the employment agency shared the individual’s personal information with others, they let them know about the restriction where it is possible for them to do so. If the individual asks the employment agency, where it is possible and lawful for them to do so, they will tell the individual who they shared their personal information with so that they may contact them directly.

FastTrack360 can support inactivating a record and recording a reason, which stops it being possible to use them downstream in temporary, contract or permanent job orders. Such practises are to be defined based on how FastTrack360 is used by the employment agency and may vary if it is used as an end-to-end or middle office only service.

Individual’s right to data portability

An individual has the right, in certain circumstances, to obtain their personal information in a structured, commonly used, and machine-readable format and to reuse it elsewhere or to ask the employment agency to transfer this to a third party of your choice.

FastTrack360 can support this requirement by running a standard report extracting personal identifiable information in a printable or exportable format (csv).

Individual’s right to object

An individual can ask the employment agency to stop processing their personal information.

If there are legitimate reasons to do so the employment agency can choose to stop processing by inactivating a record and recording a reason, which stops it being used downstream in temporary, contract or permanent job orders. Such practises are to be defined based on how FastTrack360 is used by the employment agency and may vary if it is used as an end-to-end or middle office only service.

Where the agency is processing payments to authorities like HMRC, ATO, IRD they will be bound to the period defined by the governing agency i.e. ATO – 7 years, to which such pay data must be kept for record keeping.

Once the data has passed its useful life the employment agency may anonymise such data to remove the personal identifiable information.

Individual’s rights in relation to automated decision-making and profiling

An individual has the right not to be subject to a decision when it is based on automatic processing, including profiling, if it produces a legal effect or similarly significantly affects them, unless such profiling is necessary for entering into, or the performance of, a contract between the individual and the employment agency.

Such profiling of individuals is an essential part of employment services and its up the employment agency to manage this process as part of their privacy policy. FastTrack360 does not restrict such front office, parsing, searching, AI matching functions for individuals.

Individual’s right to withdraw consent

If the employment agency relies on the individuals consent as our legal basis for processing their personal information, the individual should have the right to withdraw that consent at any time.

If there are legitimate reasons to do so the employment agency can choose to stop processing by inactivating a record and recording a reason, which stops it being used downstream in temporary, contract or permanent job orders. Such practises are to be defined based on how FastTrack360 is used by the employment agency and may vary if its used as an end-to-end or middle office only service. Where the agency is processing payments to authorities like HMRC, ATO, IRD they will be bound to the period defined by the governing agency i.e. ATO – 7 years, to which such pay data must be kept for record keeping.

Once the data has passed its useful life the employment agency may anonymise such data to remove the personal identifiable information.

Your right to lodge a complaint with the supervisory authority

If an individual has concerns about any aspect of the employment agency’s privacy practices or the data processes, FastTrack, including the way either party has handled their personal information, they can report it to the appropriate governing bodies in the below countries:

Australia

• OAIC - Office of the Australian Information Commissioner

• Website-  https://www.oaic.gov.au/privacy/privacy-complaints/

• Helpline - 1300 363 992 

New Zealand

• ICO – Privacy Commissioner

• Website – https://www.privacy.org.nz/your-rights/making-a-complaint/complaint-form/

• Email –  investigations@privacy.org.nz  

• Helpline – 0800 803 909

United Kingdom

• ICO – Information Commissioner's Office

• Website –   https://ico.org.uk/concerns/

• Helpline – 0303 123 1113

 As FastTrack360 is a data processes for the employment agency and the relationship is between the individual and employment agency, such complaints need to be handled by the employment agency. If the employment agency feels that the complaint relates to the FastTrack360 service in any way they must share the complaint details so FastTrack can rightfully protect itself or respond to the complaint.