Candidate Privacy Notice - Australia
Last updated 18 January 2022
Pegasystems Pty Ltd and Pegasystems Inc. are ‘data controllers’ of your personal information for the purposes of processing your candidacy. This means that we are responsible for deciding how we hold and use personal information about you as a candidate for a position at Pegasystems (whether as an employee, a contractor or an intern). This privacy notice sets out how we collect your personal data and makes you aware of how and why your data will be used, namely for the purpose of the recruitment exercise, and how long it will usually be retained for. For any questions regarding this privacy notice, please refer to the “Contact Details and Your Rights of Complaint” section below.
The types of information we hold about you
We collect, store and use the following categories of information about you during our recruitment process:
- Your name, address, email address, telephone number and other contact information
- The information you have provided to us in your CV/resume and covering letter
- Any additional information you provide to us in support of an application
- Information from interviews and screenings you may have
- Details of the type of role you are looking for, current salary (where relevant) and salary expectations, and other terms relating to compensation and benefits packages, or other job preferences
- Details of how you heard about the position you are applying for
- Results of the Predictive Index (PI) survey, where relevant
- Reference information and/or information received from background checks, security clearances held by you, including information provided by third parties
- Information regarding any professional certifications possessed by you
- Information relating to any previous recruitment and/or employment history with us
- Information relevant to your right to work, including nationality, or citizenship, for visa purposes.
- CCTV footage when you are visiting our premises.
We may also collect, store and use the following ‘special categories’ of more sensitive personal information:
- Information about your national origin, where relevant for visa purposes
- Medical or health information, where relevant
- Information about criminal convictions and offences where required for the role and legally permissible
- Diversity monitoring related data if you chose to share it voluntarily with us and only to the extent allowed under the law.
How is your personal information collected?
We collect personal information about candidates from the following sources:
- You (the candidate)
- Our background check provider for roles in all countries, from whom we collect the following categories of data:
- Your activity and employment history
- Full academic history
- Address verification
- Professional qualifications history
- Credit check (for roles in professional services, finance and legal only)
- Driving licence endorsements check (for roles in professional services, finance and legal)
- Directorship check
- Global Watchlist check
- Our PI provider, from whom we collect the PI report generated as a result of data submitted by you to the PI provider
- Disclosure and Barring Service providers in respect of criminal convictions, for the roles outlined above
- Your named referees, from whom we collect confirmation of your role and dates of employment and other information related to your past or current employment
- Any external provider who advertises a role on our behalf
- Information about you, including your contact details, your profile and CV (if available) from the following publicly available sources: LinkedIn, Seek, Twitter and others if relevant
How we will use the information about you
We will use the personal information we collect about you to:
- Assess your skills, qualifications and suitability for the role for which you are being considered, or other relevant roles we have
- Carry out background and reference checks, where applicable
- Communicate with you about the recruitment process including, in appropriate cases, informing you of other potential career opportunities with us
- Schedule interviews utilizing an AI tool provided by a third party vendor
- Create records relating to our hiring process
- Assist you with obtaining an immigration visa or work permit where required
- Review our recruitment practices, including diversity monitoring
- Comply with legal or regulatory requirements
We may also use personal information for purposes related to the above which we consider come within your personal expectations, such as considering you for future job opportunities where you have consented to us retaining your information for that purpose or to anonymise, de-identify or aggregate your personal information.
We may combine information that we hold about you with other information collected from or held by others (including other companies in the Pegasystems group, service providers and contractors).
If you accept a role with us, the information collected during the recruitment process will become part of your employment record.
It is your responsibility to obtain consent from referees to the processing of their personal information before providing it to us.
How we use sensitive information
We use your sensitive information in the following ways, where relevant:
- We will use information about your disability status to consider whether we need to provide you with reasonable accommodation during recruitment process
- If relevant, we may use information about your national origin for visa and immigration purposes
- We will use information about criminal convictions for roles which involve a high degree of trust and integrity and for roles where this is a customer requirement
- We will use diversity monitoring related data only to the extent allowed under the law
We may only use information relating to criminal convictions where the law allows us to do so. We have in place appropriate safeguards when processing this data which are required by law.
Legal basis for processing personal information and sensitive personal information
Our legal basis for processing your personal information includes processing that is necessary for our legitimate interests, including the processing activities described above for our recruitment process.
You consent to our collection, use, disclosure and processing of your sensitive personal information for the purposes of recruitment and as outlined in this privacy notice. Our legal basis for such processing includes processing on the basis of that consent. You have the right to withdraw your consent to this processing at any time. To withdraw your consent, please contact [email protected]. Once we have received your notification that you have withdrawn consent, you will be withdrawn from our recruitment process and, subject to our retention policy, we will dispose of your data securely, unless we have another legal basis for processing it in law.
If you fail to provide personal information
If you fail to provide information when requested, which is necessary for us to consider your application, we may not be able to take you forward in our recruitment process. For example, if we require a reference for this role and you fail to provide us with relevant details, we may not be able to take your candidacy further.
AUTOMATED DECISION MAKING
You will not be subject to decisions that will have a legal or similarly significant impact on you based solely on automated decision-making.
Why might you share my data with third parties?
We will share your information with other companies in the Pegasystems group as well as limited members of our human resources, IT and finance departments. In addition, as relevant, with our background check provider and with our PI provider and other third party service providers. All our third party providers and other entities in the group are required to take appropriate security measures to protect your personal information and engage based on contracts including privacy requirements. We do not allow our third party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We may also be required to disclose your information to external third parties such as local labour authorities, courts and tribunals, regulatory bodies and/or law enforcement agencies for the purpose of complying with applicable laws and regulations or in response to legal process.
Transferring information abroad
We will transfer some of the personal information we collect about you to the following countries: USA, UK, India
You consent to the disclosures contemplated by this privacy notice, and you understand that we may not be able to, monitor, control, prevent or determine whether the entities mentioned, as located in various countries, are able to handle your personal information in strict accordance with the privacy and data protection regulations in Australia and that you will not be able to seek any redress under the privacy and data protection regulations outside of Australia for any mishandling of your personal information by said entities located outside of Australia.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
How long will you use my information for?
We will retain your information in accordance with applicable law and our Retention Policy. We retain your information for that period so we can comply with legal requirements. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.
If we wish to retain your personal information on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will contact you separately, seeking your explicit consent to retain your information for a fixed period on that basis.
RIGHTS OF ACCESS, CORRECTION, ERASURE, RESTRICTION AND PORTABILITY
Your responsibility to inform us of changes
It is important that the personal information we hold about you is accurate. Please keep us informed if your personal information changes during your recruitment process with us.
Your rights in connection with personal information
You may, in accordance with applicable law have the right to:
- Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to yourself or another party (the right to portability).
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal data to another party, please contact [email protected]
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee where permitted by law if your request for access is clearly or excessive. Alternatively, we may refuse to comply with the request in these circumstances if permitted by law.
What we may need from you
We may need to ask for specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who does not have the right to receive it.
CONTACT DETAILS AND YOUR RIGHTS OF COMPLAINT
If you have any questions about this privacy notice or how we handle your personal information, please contact [email protected].
You have the right to make a complaint to us using the contact details above or at any time to the relevant supervisory authority for data protection issues in the country in which you are based. We will endeavour to respond to any complaints made to us within a reasonable time.
Status of and Changes to this notice
This notice does not form part of any employment contract or other contract to provide services. We may update this notice at any time and changes will appear on this page.