Privacy Policy

Welcome to our website at freelanceclinical.com and thank you for your interest in our services and company.

We take the protection of your Personal Information very seriously and process your data in accordance with Australia’s Privacy Act (“PA”), the Australian Privacy Principles (“APPA”) and the EU`s General Data Protection Regulation (“GDPR”).

With the help of this Privacy Policy, we inform you comprehensively about the processing of your Personal Information by us and the rights to which you are entitled.

Personal Information is information that makes it possible to identify a natural person. This includes, your name, date of birth, address, telephone number, e-mail address, but also your IP address. Anonymous data as such only exists if no personal reference to the user can be made.

The APP Entity and the Data Controller

In accordance with the PA and the GDPR, the person responsible for processing of Personal Information is:

Freelance Clinical Pty Ltd

Suite 2, Level 1, 9-11 Grosvenor Street

Neutral Bay

NSW 2089, Australia

ABN 12 671 763 643

If you have any questions about the processing of your Personal Information, please contact us using data.privacy@freelanceclinical.com or write to us at the above address.

The legal bases of processing

All Personal Information that we obtain from you via the website will be processed for the purposes described in more detail below. This is done within the framework of the PA and the GDPR or with your consent. In particular, we process Personal Information only when processing is permitted and if:

• you have given your consent,

• the data is necessary for the fulfilment of a contract / pre-contractual measures,

• the data is necessary for the fulfilment of a legal obligation or

• the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden.

Purpose of the processing

The Purpose of processing personal information are:

• provision of the website, its functions, and contents,

• responding to contact requests and communicating with users,

• security measures,

• provision of our contractual services, and

• reach measurement/marketing.

General Principles

a) Security

Our website uses SSL or TLS encryption to ensure the security of data processing and to protect the transmission of confidential content, such as orders, login data or contact requests that you send to us.

You can recognise an encrypted connection if the address line of your browser contains a "https://" instead of a "http://" and has a lock symbol. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

We have also implemented numerous security measures (“technical and organisational measures”) to ensure the most complete protection of Personal Information processed through this website. Further, internet-based data transmissions can always have security gaps, so that absolute protection cannot be guaranteed. And databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion.

Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

b) Retention and Storage

We will retain your Personal Information as necessary in connection with the purposes described in this Privacy Policy, and in accordance with Australia`s Statutory Retention Periods and other applicable laws for up to 7 years.

c) Minors

Persons under the age of 16 should not transmit any Personal Information to us without the consent of their parents or legal guardians. We do not request Personal Information from minors and children and do not knowingly collect such data or pass it on to third parties.

d) Automated decision-making

Automated decision-making including profiling does not take place.

e) Do Not Sell

We do not sell your Personal Information.

f) Special Category Data

Unless specifically required and consent is obtained, for a particular service, we do not process Special Category Data.

g) Social Media

We are present on social media on the basis of our legitimate interest. If you contact us via social media platforms, we and the relevant social media platform are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis for the use of the relevant social media platform is our legitimate interest, your consent or, in the case of a (pre) contractual relationship with us, the initiation of a contractual service, if any.

h) International Transfer

In the course of our business and website operations, we process data, and this data is generally transferred to and processed at our Headquarters in Australia and stored at our own server. In certain specific circumstances we might need to transfer your Personal information to destinations outside Australia. If this is the case, we will make sure to have contractual arrangements regarding such transfers and to take all reasonable technical and organisational measures to protect the Personal Information we transfer.

i) Sharing and Disclosure

We will not disclose or otherwise distribute your Personal Information to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure for example if you send someone a personal message along with an order, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or proceedings or to fulfil our legitimate interests.

In addition, we share:

i. Candidate Data

We will share your Personal Information with different recipients in different ways and for different reasons. First and foremost, we will share your information with potential employers to increase your chances of getting the job you want. Unless you have indicated otherwise, we will also share your information with related third parties, if we believe this will help us to provide the best service to you and maximise your chances of getting the job you want.

ii. Client Data

We share your data primarily to ensure that we can provide you with access to an appropriate pool for Candidates, to provide (or assist another organisation to provide) services to you and/or to provide services to your employees is requested. Unless you have indicated otherwise, we will share your information with related third parties, in order to better achieve these objectives.

Processing of Personal Information by us

a) Log files

Each time a user accesses our website and each time a file is retrieved, data about this process is temporarily processed in a log file. In detail, the following data is stored for each access/retrieval: a) Date and time of the retrieval (time stamp), as well as the IP address of the accessing device or server, b) request details and destination address (protocol version, HTTP method, referrer, User Agent string), c) name of the retrieved file and transferred data volume (requested URL incl. query string, size in bytes) and d) Message as to whether the retrieval was successful (HTTP status code).

On the basis of our legitimate interest in a secure website, we store this data to protect against attacks for up to 7 days beyond the time of your visit. This data is analysed and required for legal and criminal prosecution in the event of attacks on communications technology. The data is deleted as soon as it is no longer required for the performance of tasks.

b) Hosting

To provide our platform, we use the cloud services of Zyro.com a service operated by Hostinger International Ltd., who process all data to be processed in connection with the operation of our services on our behalf on our designated VPS server. The legal basis for the data processing is our legitimate interest in providing our services.

c) Cookies

We use so-called cookies on our web site. Cookies are small text files that are stored on your respective device (PC, smartphone, tablet, etc.) and saved by your browser. We may use temporary and permanent cookies and will explain this in our Cookie Policy. The legal basis for the use of cookies is your consent as well as our legitimate interest.

d) Contacting us

Personal Information is processed depending on the contact method. In addition to your name and e-mail address, IP address or telephone number, we usually collect the context of your message which may also include certain Personal Information. The Personal Information collected when contacting us is processed for the purpose of dealing with your request and the legal basis is your consent. The use of your IP address takes place exclusively in the context of law enforcement and security measures in compliance with our legal requirements.

e) Data processing in the context of providing our services

The protection of your Personal Information is particularly important to us in the performance of our services. We therefore only want to process as much Personal Information as is absolutely necessary. Nevertheless, we rely on the processing of certain Personal Information, to fulfil our contractual obligations to you or to carry out pre-contractual measures and in the context of administrative tasks as well as organisation of our business, and compliance with legal obligations, such as archiving.

In addition, we process:

i. Candidate Data

We need to process certain information about you in order to provide you with optimal, tailored job and freelance opportunities. We only ask for information that we believe will actually help us to serve you better, such as your name, age, contact details, education details, employment history, emergency contacts, residency status, financial information. Where appropriate and permitted by laws and regulations, we will also collect information about your health, diversity information or details of any criminal record. Those and other relevant data are typically collected using our Job Seeker/Freelancer Registration Forms by Jotform Inc. You may also and optionally sign up for our newsletter. The processing is carried out exclusively on the basis of your consent which can be revoked at any time. The data you enter in the form will remain with us until you request us to delete it or revoke your consent to store it or the purpose for storing the data no longer applies. Mandatory legal provisions - in particular retention periods - remain unaffected.

ii. Client Data

If you are a client, we may need to collect and use information about you or individuals within your organisation in order to provide or offer services to you, such as: search for Candidates who are a good match for you or providing a managed service provider programme to you (or assisting another organisation to do so), providing recruitment process outsourcing services to you (or assisting another organisation to do so), and/or notifying you of content published by us that is likely to be important and useful to you.

In all cases, the legal basis for the data processing is the fulfilment of our contractual obligations and, in individual cases, the fulfilment of our legal obligations as well as your consent.

Some of the Personal Information you provide may be considered “special” or “sensitive”, for example your racial or ethnic origins, sexual orientation, and religious beliefs. By choosing to provide this data, you consent to our processing of that data.

Where any Personal Information relates to a third party, you represent and warrant that the Personal Information is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Information for the Purposes. You agree that you shall promptly provide us with written evidence of such consent upon demand by us.

You may withdraw your consent and request us to stop using and/or disclosing your Personal Information for any or all of the Purposes by submitting your request to us.

Your Rights and Privileges

a) Privacy rights

Under the Privacy Act, you can exercise the following rights:

• Right to information about the Personal Information concerned.

• Right to rectification of inaccurate Personal Information.

• Right to erasure of Personal Information.

• Right to restriction of processing.

• Right to object to processing.

• Right to object at any time to the processing of your Personal Information for the purposes of advertising and data analysis.

• Right to withdraw consent if you have given us consent to process your data.

Under the GDPR, you can exercise the following rights:

• Right to information

• Right to rectification

• Right to object to processing

• Right to deletion

• Right to data portability

• Right of objection

• Right to withdraw consent

• Right to complain to a supervisory authority

• Right not to be subject to a decision based solely on automated processing.

If you have any questions about the nature of the Personal Information we hold about you, or if you wish to request the erasure or rectification of Personal Information we hold about you, or to exercise any of your other rights as a data subject, please contact us.

b) Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us.

c) Withdrawing your consent

You can revoke consents you have given at any time by contacting us. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

d) Access Request

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

e) Complaint to a supervisory authority

You have the right to complain about our processing of Personal Information to a supervisory authority responsible for data protection. The competent data protection authority in Australia is: The Office of the Australian Information Commissioner, GPO Box 5288 Sydney, NSW 2001, www.oaic.gov.au

Changes and Questions

We may update this Privacy Policy from time to time. If we make changes to this Privacy Policy or materially change our use of your Personal Information, we will revise the Privacy Policy accordingly and also change the effective date at the end of this section.

We encourage you to periodically review this Privacy Policy to be informed of how we use and protect your Personal Information. If you would like to contact us regarding our privacy practices for any reason, please use data.privacy@freelanceclinical.com or write to us at the above address.

Updated Date: 02 February 2024