Privacy Policy – EU – Archived 28.11.22

NOTE:

• This policy was superseded on 28.11.2022. For current version, please click here.

EUROPEAN PRIVACY POLICY

In this policy, “us”, “we”, “our” or “Employment Hero” means Employment Hero Holdings Pty Ltd. We take the protection of your privacy very seriously. We therefore treat your personal data in confidence and with the utmost care.

What does this policy cover?

1. Corporate Customers and Prospects

This privacy policy applies to all personal information that we process about our European based corporate customers and prospects when offering the Employment Hero platform.

2. Employees whose data is processed by Employment Hero

If you are an employee whose employer uses Employment Hero, then the personal information that we hold about you is processed on behalf of your employer who is the data controller. This Privacy Policy does not, therefore, cover these processing activities and you should contact your employer for more information.

However, This policy does cover the personal information that Employment Hero processes as part of Hero Passport. Hero Passport is a product that we offer which allows employees to view their current and previous employers in one place including allowing employees to access important documents that they may still need to hold after changing employer (such as payslips).

 

What information do we collect?

We collect and process the following information:

• Information you provide to us.

  • Business Account information. We collect the information you provide to us when you do things such as sign up for our services or update your user profile. This may include any of the following types of personal data:
    • names and addresses;
    • phone numbers;
    • email details;

Hero Passport Information:  If you are an employee who uses Hero Passport, we will process the following information:

• name and address;
• contact details;
• details of previous employers;
• employment documents such as payslips and payment summaries.

• Interactions with us:  When we interact with you, such as for enquiries regarding demos or to collect feedback on the services we provide you we collect some personal data. This may include name, address, email, telephone number, company/employer, job function, team size, the date, time and reason for contacting us, and call recording.
• We store your marketing preferences, including any consent you have given us.

• Information we collect automatically.

  • Device and browser information: We collect information about the browsers and devices you use to access the Website and our services through the use of cookies and similar technologies. For more information please see our website privacy policy here.

• Information we collect from other sources.

  • Information from others: We may collect information (e.g. Job title) about you from others, such as from professional social media networks, such as LinkedIn or from data vendors.

How do we use this information?

We process this information for the following purposes:

To fulfil a contract, or take steps linked to a contract including:

• To provide our services, including ancillary services such as customer support.
• To take payment for services (where applicable).
• If you are an employee using our Hero Passport, providing Hero Passport to you.
• To send you service, technical and other administrative emails relating to our services, messages and other types of communications.

As required by Employment Hero to conduct our business and pursue our legitimate interests, in particular:

• To ensure our services are working as intended, such as tracking outages or troubleshooting issues that you report to us.
• To make improvements to our services, to help us develop new ones.
• To tailor our communications and marketing to you.
•  We use data for analytics and measurement to understand how our services are used. For example, we analyse data about your, and your employees, use of our services to do things like optimise product design.
• To conduct surveys and other market research to ensure our services are relevant to your needs.
• To investigate any complaints about, or made by, you.
• To investigate any suspected breach of any of our terms and conditions or unlawful activity engaged in by you.
• To ensure your experience with our products and services is personalised and customised.

Where you give us consent:

• Where required by law to send you direct marketing in relation to our relevant services;
• We place cookies and use similar technologies. See our website privacy policy for further information here;
• On other occasions where we ask you for consent, we will use the data for the purpose which we explain at that time.

For purposes which are required by law:

• In response to requests by government or law enforcement authorities conducting an investigation.

Withdrawing consent or otherwise objecting to direct marketing

Wherever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above.

In some cases, we are able to send you direct marketing without your consent, where we rely on our legitimate interests. You have an absolute right to opt-out of direct marketing, or profiling we carry out for direct marketing, at any time. You can do this by following the instructions in the communication within an electronic message, or by contacting us at privacy@employmenthero.com.

Who will we share this data with, where and when?

In connection with the purposes identified above, your personal data may be transferred outside the UK, Switzerland, Australia and European Economic Area (“EEA”) including to Employment Hero’s team which includes members based in Vietnam and the Philippines. Our entire team, including those outside Australia, is recruited, trained and managed by Employment Hero’s Sydney based management and access to personal information is subject to the same security and control procedures and policies across our whole business.

Where information is transferred outside the UK, Switzerland, or the  EEA to a location that is not subject to an adequacy decision by the EU Commission, data is adequately protected by approved standard contractual clauses or a vendor’s Processor Binding Corporate Rules.

Further entities with whom we may share your data are listed below:

• Legal reasons – We may share your information with government authorities and/or law enforcement officials if required for the purposes above, if mandated by law or if required for the legal protection of our legitimate interests in compliance with applicable laws.
• Service providers – We will share your personal data with third party service providers who support our business, who will process it on behalf of Employment Hero for the purposes identified above. Such third parties  include providers of hosting services and technical infrastructure (e.g. Amazon Web Services), maintenance services, CRM services, customer support services, and marketing services.
• Your organisation – When you access or use our services in the course of working for your organisation, we may share your information with such organisation in certain circumstances. This may also include specific third parties authorised by you to receive information held by us.
• Business Sale – In the event that Employment Hero undergoes any reorganisation, restructuring, merger, sale, or other transfer of assets your information will be disclosed to our advisers and any prospective purchaser’s adviser and will be passed to any new owners of the business.
• Business partners – Employment Hero may share your data with our existing or potential agents, business partners or joint venture entities or partners to enable us to perform our business activities in relation to your services.

What rights do I have?

You have the right to ask us for a copy of your personal data; to correct, delete or restrict (stop any active) processing of your personal data; and to obtain the personal data you provide to us for a contract or with your consent in a structured, machine readable format, and to ask us to share (port) this data to another controller.

In addition, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make.

To exercise any of these rights, including obtaining a copy of your legitimate interest balancing test, you can get in touch with us using the details set out below. If you have unresolved concerns, you have the right to complain to a data protection authority where you live, work or where you believe a breach may have occurred.

For the provision of information marked as mandatory when you register to use our service, if such information is not provided, then you will not be able to use our services. All other provision of your information is optional. If you do not provide such information, our provision of certain services to you may be detracted from.

How long will you retain my data?

We store data for as long as necessary to provide our services. This is a case-by-case determination that depends on things such as the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. Some personal data you can delete whenever you like, some data is deleted automatically, and some data we retain for longer periods of time. For example:

• We keep account information for as long as your subscription or agreement continues or for as long as is necessary to deliver our services.
• If you are an employee who uses Hero Passport, you have the ability to delete your data at any time. We will also delete your data if more than [2] years have elapsed since your last interaction with Hero Passport.
• We will keep a record of the fact that you have asked us not to send you direct marketing indefinitely, so that we can respect your request in future.
• We will keep the usage information and analytics data for a reasonable length of time that allows us to provide our services and to understand how people use or services.

Sometimes business and legal requirements oblige us to retain certain information, for specific purposes, for an extended period of time. Reasons we might retain some data for longer periods of time include security, fraud prevention, financial record-keeping, complying with legal or regulatory requirements, ensuring the continuity of our services, and when there have been direct communications with Employment Hero.

How do I get in touch with you?

If you have any questions or concerns about how we process your data, please contact us at privacy@employmenthero.com.

To comply with the UK-GDPR we have appointed a representative. If you wish to contact them, their details are as follows:

Bird & Bird GDPR Representative Services Ireland
Deloitte House
29 Earlsfort Terrace
Dublin 2
D02 AY28

Email: eurepresentative.employmenthero@twobirds.com.

Main point of contact: Vincent Rezzouk-Hammachi

Changes to our privacy policy

We reserve the right to change this privacy policy from time to time to reflect changes in the law or regulation, our information practices, our services, or our operational requirements. We encourage you to periodically review this page to see any changes we have made.

Last updated: 11 February, 2021.