Privacy Policies

We take your privacy very seriously and are dedicated to providing secure and safe services to our clients

REFHUB LICENSE TERMS AND CONDITIONS OF USE

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1. About the Platform

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(1) Welcome to refhub.com.au (the 'Platform'). The Platform facilitates interactions between:

(a) reference seekers (the 'Reference Seeker' or 'you' or ‘your’ or 'yours') wishing to connect with referees for candidates;
(b) reference providers (the 'Referee' or 'Referees'), and
(c) candidates who provide Referee details (the ‘Candidate’)

(2) RefHub performs the following roles:

(a) collects the contact details of the Candidate;

(b) facilitates the collection of reference feedback through customisable Referee surveys; and

(c) acts as an introducer to connect Reference Seekers with Referees for the automated delivery of reference checks for Candidates.

making it easier for the parties (each of Reference Seeker, Referee or Candidate (a ‘User’ or the ‘Users’) to connect through the Platform to automate the collection and send out of reference details and checks enabling communications in a fast and secure manner

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(our ‘Services’)

Our Services are available to Users located in Australia and New Zealand.

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(3) The Platform is operated by RefHub Pty Ltd (ACN 657 509 361) (‘RefHub’). Access to and use of the Platform, or any of its associated products or Services, is provided by RefHub.

(4) Please read the following terms and conditions (the 'Terms ') carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platform, or any of its products or Services, immediately.

(5) RefHub provides you access to and use of the Platform and its Services. Access to the Platform and our Services is currently free but we reserve the right in the future to charge a subscription fee or other fee (‘Subscription Fee’) or apply a premium plan subject to thirty (30) days’ advance notice giving you the election to retain or cancel your registration.

(6) RefHub functions solely as the operator of a Platform that connects Users with each other. Each Reference Seeker is solely responsible for selecting an appropriate Referee with respect to that Referee’s role in relation to Candidates. Any decision made to contact a User or interact with a User, is made in the User’s sole discretion and risk. Each User must decide whether the other User is suitable for the role or services required and each User is solely responsible for complying with its obligations under the Australian Privacy Principles contained under the Australian Privacy Principles (“APPs”) in the Privacy Act 1988 (Cth), and the Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB) (collectively “Privacy Laws”).

(7) RefHub reserves the right to review and change any of these Terms at any time. When RefHub updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms of RefHub (either as a guest visiting the Platform or as a User). As a User, you must accept the Terms by clicking to accept or agree as set out in these Terms.

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3. The Services

(1) To access the Services, a User must register for an account (‘Account’) through the Platform. We provide our Services for use only by persons located in Australia and New Zealand.

(2) By registering for an Account or using our Services, you will be required to accept the terms and conditions of registration by clicking “I accept” in the User interface as a condition of joining. By clicking the “accept” button you agree to all the terms and conditions of our Terms and Privacy Policy listed on this Platform which gives notice to you through our User interface as follows:

By Accepting, you agree that you have read, understood, and accepted our Platform Terms and Conditions and you consent to our Privacy Policy.

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We reserve the right in our sole discretion to deny any person access to our Platform for any reason or no reason.

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(3) As part of the registration process, and as part of your continued use of the Services, you may be required to provide Personal Information about yourself (such as identification or contact details), including:

(a) an email address;
(b) username;
(c) mailing address
(d) telephone number;
(e) website;
(f) employment details;
(g) images;
(h) password; and
(i) other information as applicable or otherwise requested by RefHub to set up and administer an Account to access and use the Services.

(‘Registration Data’)

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(4) Once you have completed the registration process, you will be a registered User of the Platform and agree to be bound by the Terms. You warrant that any information you give to RefHub in the course of completing the registration process will always be accurate, correct and up to date. RefHub may undertake additional enquiries to verify the identity, background, or qualifications of any User but is under no obligation to make such additional enquiries or verify the identity of a User.

(5) You must keep your Registration Data and contact information accurate and up to date.

(6) To ensure that our server usage and costs are kept within a reasonable range, the applicable User may not complete more than 500 reference checks per month (‘Monthly Reference Check Limit’) and you agree that you will not exceed the Monthly Reference Check Limit. We reserve the right to increase or decrease this number at any time within our discretion.

(7) You will use the Services only for purposes that are permitted by:

(a) the Terms; and

(b) any applicable law, regulation or generally accepted practices or guidelines in your relevant jurisdiction;

(8) You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.

(9) Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify RefHub of any unauthorised use of your password or email address or any breach of security of which you have become aware.

(10) You may not use the Services and must not accept the Terms if:

(a) you are not of legal age to form a binding contract with RefHub; or

(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services which is geo restricted to Australia and New Zealand.

(11) User authorises RefHub to use and store electronically the Registration Data and any material or information that User submits through or on the Platform (whether in hard form or digital form) for the purpose of using the Platform or purchasing products and services. User agrees that RefHub is not responsible for the loss of or misuse of such Registration Data, material, or information. The supply of such Registration Data, material and information through or on the Platform is solely at the risk of the User.

(12) These Terms do not make User a partner, agent, or employee of RefHub.

4. Your obligations as a User of our Platform

(1) You agree that RefHub’s sole function is as an introducer to connect Users with each other through the use of the Platform. Each User (whether a Reference Seeker or a Referee or a Candidate) must communicate directly with the other User for any reference checks and other activities on or though the Platform. Each User reserves the right not to engage with the other User for any reason.

(2) You also agree that RefHub is not liable for, and you assume sole responsibility and risk for:

(a) the identity, authenticity, and legitimacy of the other User,

(b) any communications, interactions or transactions between you and the other User, and

(c) which other User you select to join with, communicate to or otherwise engage with or the performance of that User in relation to any of your requirements or purposes when interacting with a User.

(‘User Interactions’)

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(3) You warrant that any information you give to RefHub in the course of completing the registration process or that you give to a User through your User Interactions will always be accurate, correct and up to date.

(4) As a User, you agree to comply with the following:

(a) you must only use the Platform in accordance with our Terms and for the conduct of reference checks and not any other purpose or activity;

(b) you must not allow another person without a license to use your Account or any of the Services that RefHub delivers to you under these Terms because the Services delivered to you through this Platform are exclusive and personal to you;

(c) you must not expressly or impliedly impersonate another person or User or use the profile or password of another User at any time;

(d) that you are solely responsible for any content that you broadcast, publish, upload, transmit, post, or distribute on or through or as a consequence of the Platform ('Your Content') and that Your Content will always be accurate, correct and up to date and you will maintain backup records of your Content;

(e) you agree not to harass, impersonate, stalk, threaten another User of the Platform (where interaction with other Users is made available to you);

(f) you will not use the Services or the Platform in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of RefHub;

(g) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles (where applicable) without notice and may result in termination of the Services;

(h) you will not use the Services or Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending any unauthorised or unsolicited material or unauthorised framing of or linking to the Platform;

(i) you acknowledge and agree that any automated use of the Platform or its Services is prohibited;

(j) If applicable and where required by law, to maintain your license and all necessary approvals, registrations and permits at all times;

(k) to comply will all applicable laws, rules, and regulations including the Australian Consumer Law and in accordance with best industry practice;

(l) store all documents and only collect and use Personal Information in accordance with the most current Privacy Laws in Australia, and
(m) to exercise professional judgement in all your User Interactions, act in good faith and not use the Platform for any defamatory activities or to cause loss of reputation or detriment to other Users.

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(5) It is your sole responsibility to communicate directly with other Users to:

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(a) convey any additional terms and conditions for your User Interactions including your Privacy Policy when using or collecting Personal Information;

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(b) agree to or reject any User Interactions in accordance with your terms of trade or policies.

(6) You warrant that you are solely responsible for:

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(a) communications with other Users including your own due diligence as to the suitability, availability, legality, performance, and qualifications or expertise of the other User when you are engaging in the User Interactions;

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(b) verification of the identity of a User;

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(c) informing the other User of your terms, obligations, regulations, documentation, and the implementation of these in the course of your User Interactions, and

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(d) your activities are in accordance with all applicable laws including the Privacy Laws.

(8) You must not engage in any act that would disrupt the access, availability or security of the Platform including but not limited to: tampering with, reverse-engineering, or hacking our servers or otherwise modifying, disabling, or compromising the performance of our Services or overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources. You must not compromise the integrity of our Platform system, including probing, scanning, and testing the vulnerability of our system unless expressly permitted by RefHub.

5. Our Services and Subscription Fees

(1) You acknowledge and agree that our Services, as well as the features of our Services may change from time to time. An account may be governed by separate and specific terms. Where special account-specific terms apply, you will be informed in writing and must accept those terms before you are given such an account. These Terms apply unless otherwise governed by the terms of a separate licensing agreement mutually agreed in writing.

(2) If in the future we decide to apply a Subscription Fee or apply a pay-per-use or premium plan, RefHub will give you 30 (thirty days) written notice in advance (‘Notice of Subscription’) and you may elect to terminate your registration on the Platform or remain as a User of the Platform. If you elect to remain as a registered User of the Platform 30 (thirty days) after we send you the Notice of Subscription, you agree to pay the stated Subscription Fee. We reserve the right to change our fees at any time provided we give you at least 30 (thirty days) written notice in advance.

(3) Payment for the Subscription Fee if applied in the future is made through the gateway payment processor made available to you through the Platform or our email communications (“Payment Processing Service”). In using the Platform, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by applicable terms and conditions of use, privacy policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services.

(4) All payments are in Australian Dollars (AUD) and fees payable under the Terms (if any applied) are exclusive of GST. If GST is imposed on any supply made under or in accordance with these Terms, a User subject to payment of our fees must pay to RefHub an additional amount equal to the GST payable on or for the taxable supply in accordance with the GST Law.

(5) Users are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Services. If there are payment failures due to insufficient funds, incorrect or outdated payment information, RefHub reserves the right to:

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(a) recover payment and deny a User access to our Services; or

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(b) cancel or suspend an Account if we are unable to process any of the fees for our Services.

(6) RefHub reserves the right to increase or change the Subscription Fee at any time by giving you 30 (thirty days) advance notice in writing.

6. Australian Consumer Law and the Statutory Guarantees

(1) RefHub will process refunds where required by and in accordance with the Australian Consumer Law for major failures (‘Major Failures’) and minor failures (‘Minor Failures’).

(2) For example, a Major Failure occurs where you would not have bought the Services if you had known about the defect, the Services are significantly different to what was described, the Services are substantially unfit for their usual purpose, or a purpose made known to you or the Services are unsafe. For major failures or major problems with the Services as defined under the Australian Consumer Law, you are entitled to a replacement or refund and compensation for reasonably foreseeable loss or damage.

(3) If the Services fail to be of acceptable quality, and the failure does not amount to a Major Failure (‘Minor Failure)’, we are entitled an opportunity to fix the minor problem as long as this is within a reasonable period of time. If we cannot fix the Minor Failure, you are entitled to cancel the contract with us and obtain a refund for the proportion of the Services not already consumed at the time of the cancellation.

7. Copyright and Intellectual Property

(1) The Platform, the Services and all of the content and related products of RefHub are subject to copyright and other intellectual property rights. The material on the Platform is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, design elements and interactive features) or the Services are owned or controlled by RefHub and are reserved by RefHub or its authorised licensees.

(2) All trademarks, service marks and trade names are owned, registered and/or licensed by RefHub.

(3) You must not, without the prior written permission of RefHub and the permission of any other relevant rights owners use any of the trademarks of RefHub or broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the copyright property of RefHub or any other rights holders for any purpose, except as permitted by these Terms or authorised in writing by us. This prohibition does not extend to materials on the Platform which are authorised by us as freely available for re-use or are in the public domain.

(4) Where you broadcast, publish, upload, transmit, post, or distribute Your Content on the Platform, then you grant to RefHub a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change Your Content.

8. Platform Content

(1) As a User, you agree and warrant that you are solely responsible for any of Your Content you may post, upload, publish, submit, transmit or otherwise make available on or through the Platform.

(2) You also agree that you are the sole and exclusive owner of all Your Content you make available through the Services and otherwise have all rights, licenses, permissions, consents, releases, and approvals necessary to use Your Content on or through the Platform. RefHub reserves the right to remove or amend any of Your Content that you post on or through the Platform.

(3) RefHub strives to provide accurate and up-to-date material on this Platform, but we make no warranties or representations as to the accuracy or suitability of any information on the Platform including third party material and advertisements.

9. Privacy

(1) In these Terms, ‘Personal Information’ has the meaning as defined in any applicable Privacy Laws and means information about an individual whose identity is apparent or can reasonably be ascertained from that information.

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(2) If any User obtains Personal Information in the course of supplying or availing Services under these Terms, the User is solely responsible for and must comply with its obligations under the Privacy Laws and not do any act or engage in any practice which would be a breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth) as revised or passed in Australia from time to time.

(3) Sensitive information must only be collected if it is:

(a) reasonably necessary for one or more of your functions or activities (the primary purpose), and you have the individual’s consent;

(b) necessary to lessen or prevent a serious threat to life, health or safety;

(d) another permitted health situation.

User warrants that it is solely responsible for its compliance with the Privacy Laws and will only collect sensitive information with the express consent of the person providing the sensitive information who must be adequately informed before giving this consent, must give this consent voluntarily, the consent must be current and specific, and the person must have the capacity to understand and communicate that consent.

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(4) RefHub takes your privacy seriously and any information provided through your use of the Platform and/or Services are subject to RefHub's Privacy Policy, which is available on the Platform.

10. General Disclaimer

(1) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

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(2) Subject to this clause, and to the extent permitted by law:

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(a) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and

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(b) RefHub will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill or reputation arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

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(3) Use of the Platform and the Services is at your own risk. RefHub makes no representations or warranties that the Platform and the Services are fit for your purpose, or as to its reliability, availability or that it meets the needs or requirements of a User. Everything on the Platform and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of RefHub make any express or implied representation or warranty about the Services or any products referred to on the Platform. RefHub will make reasonable efforts to ensure that the Platform is available but does not guarantee the uptime of the Platform or that the Platform is operational and free from delays or critical errors that prevent the Platform from delivering its Services. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

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(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, bugs or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;

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(b) the accuracy, suitability, or currency of any information on the Platform, the Services, or any products (including third party material and advertisements on the Platform);

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(d) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or

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(e) the Services or operation in respect to Platform links which are provided for your convenience only.

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(4) User participates of its own free will in the Services and accordingly, knowingly, and voluntarily assumes all risks associated with the use of any content published on this Platform or products and services provided through the Platform.

(5) You acknowledge that RefHub is a marketplace and its Platform, and the Services are only intended to facilitate the interaction between Users for introduction purposes. RefHub does not vet the quality of products and services made available by the Users of this Platform. As such, Page | 8

RefHub does not hold any liability for the quality of the products, activities and services provided or made available by a Reference Seeker or a Referee.

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(6) RefHub disclaims any liability for the conduct of its Users or the misuse of Your Content by any party (including other Users).

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11. Limitation of Liability

(1) To the fullest extent permissible at law, RefHub is not liable for any, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, loss of profits, revenue, business, or goodwill arising out of or in any way connected with the provision of or failure to provide any products and Services, or otherwise arising out of the provision of products and Services, whether based on these Terms, negligence, strict liability or otherwise.

(2) RefHub's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(3) You expressly understand and agree that RefHub, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(4) This clause survives the termination or expiry of these Terms for whatever reason.

12. Termination of Contract

(1) If you want to terminate the Terms, you may do so closing your Account at any time. Termination of your Account does not affect the survival of these Terms and is not a ground for a refund of any Subscription Fees that are unpaid or due.

(2) RefHub may at any time, terminate the Terms with you for any reason or no reason in our sole discretion or if you have breached any of the Terms or RefHub is required to do so by law or if RefHub is no longer providing the Services in the country in which you are resident, or, if in the opinion of RefHub, the provision of the Services to you is no longer commercially viable or if your conduct impacts RefHub’s name or reputation or violates the rights of a third party.

13. Indemnity

You agree to indemnify RefHub from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content or your breach of these Terms;

(b) any intentional, unlawful, or negligent act or omission by you;

(c) any direct or indirect consequences of you accessing, using, or transacting on the Platform or your use of the Services in breach of the Terms.

This clause survives the end or termination of this agreement.

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14. Dispute Resolution

(1) Compulsory. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(2) Notice. A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(3) Resolution. On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties ') must:

(a) within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) if for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by a person appointed by the Chair of Resolution Institute (ACN 008 651 232), or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation;

(c) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(4) The mediation will be held in Melbourne, Australia.

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(5) Confidential. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

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(6) Termination of Mediation. If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

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15. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.

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16. Advertising and Links

The Platform may contain links and other pointers to other websites or applications operated by third parties. RefHub does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites.

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17. Waiver

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

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18. Assignment

You must not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of your User rights and obligations under these Terms.

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19. Entire Agreement

Unless otherwise stated, these Terms and our Privacy Policy shall constitute the entire agreement between you and us in relation to your use of our Platform and Services.

20. Severability

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

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21. Notice

RefHub may provide any notice to the User under the Terms and by sending messages to the User’s email address. The notice provided by RefHub to the User by email shall be deemed to have been properly given on the date RefHub sends the email. Unless specified otherwise, any notices provided by the User to RefHub must be in writing and sent via the Contact Us page on the Platform.

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22. Force Majeure

Notwithstanding any other provision of these Terms, RefHub need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including pandemic, war, riot, natural disaster, or law taking effect after the date of these Terms). User agrees that RefHub has no responsibility or liability for any loss or expense suffered or incurred by User because of not acting for so long as the force majeure continues.

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23. Feedback and Social Media

(1) User feedback is important to us. RefHub encourage Users to provide feedback, reviews, comments, and suggestions for improvements to the Platform and our Services ("Feedback"). User may submit Feedback by emailing us at info@labourhub.com.au.

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(2) We will contact you directly for your written permission to post your profile, image, video, or profile content on our RefHub social media platforms.

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24. Independent Legal Advice

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Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

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25. How to contact us

(1) This Platform is owned and operated by RefHub Pty Ltd (ACN 657 509 361).

(2) Our principal place of business is at Level 9/10 Queen Street, Melbourne VIC, Australia.

(3) You can contact us by email at the following address: info@labourhub.com.au

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^{Terms last updated 27 January 2023.}

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WEBSITE DISCLAIMER

All care is taken in the preparation of the information and published materials on this site. Labour Hub does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, Labour Hub will not be liable
for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

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This site may contain hypertext links, frames or other references to other parties and their websites. Labour Hub cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites.

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Labour Hub does not necessarily approve of, endorse, or sponsor any content or material on such sites.

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Labour Hub make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. Labour Hub are not, and must not be taken to be, authorising infringement of any intellectual property
rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

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If you have any concerns regarding the content of the Website, please contact Labour Hub.

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DATA BREACH POLICY

1. Purpose

This policy describes how Labour Hub PTY LTD will respond to a data breach, in adherence to the Privacy Act 1988.

It is LabourHub PTY LTD’s belief that clear roles, responsibilities and procedures will serve as the foundation as a comprehensive privacy program.

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This policy outlines:

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(a) the steps that LabourHub PTY LTD will take to contain, assess, notify, and review any data breaches that might occur; and
(b) Notifiable Data Breaches and how LabourHub PTY LTD will address them if they occur.

All Labour Hub PTY LTD employees, officers, representatives or advisers(‘Employees’) are required to understand and act in accordance with this policy.

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2. Data Breach Definition

A data breach occurs when personal information or intellectual property held by Labour Hub PTYLTD is subject to unauthorised access, disclosure, modification, or is lost. Data breaches can occur in a number of ways, including but not limited to:

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(a) Unauthorised Third-party security breaches (e.g. Hackers)
(b) Unauthorised access, disclosure or modification by Employees and users
(c) Data breaches of Third-party services used by Labour Hub PTY LTD that affect user data

Specific to LabourHub PTY LTD’s business, the following have been identified as possible data breach sources:

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(a) Accidental loss, unauthorised access, or theft of classified material data or equipment on which such Labour Hub PTY LTD data is
stored, such as company Laptops and USBs.
(b) Unauthorised use, access to, or modification of data on Labour Hub PTY LTD’s cloud databases.
(c) Accidental disclosure of LabourHub PTY LTD user data or intellectual property, such as via email to an incorrect address.
(d) Unauthorised data collection by third parties posing as LabourHub PTY LTD, e.g. Phishing Scam
(e) Failed or successful attempts to gain unauthorised access to Labour Hub PTY LTD information or information systems
(f) Unauthorised data collection by third parties through Malware infections on Labour Hub PTY LTD cloud databases, or hardware equipment.

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3. What to do if a Data Breach is Suspected?

All Labour Hub PTY LTD Employees who are aware of, informed of, or suspect a data breach must inform Labour Hub PTY LTD’s IT team immediately. The IT team must then assess the suspected breach to determine whether or not a breach has in fact occurred. If a data breach has, in fact, occurred, then the IT team will manage the breach according to the steps outlined in the Data Breach Management Plan.

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4. Data Breach Response Plan

In accordance with OAIC recommendations, the following steps will be taken in response to a verified Data Breach.

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(a) Contain the breach as soon as possible. Containment is ensuring that the breach itself is stopped. How a breach is stopped would depend on the particular instance but can include:
(i) The suspension of compromised accounts;
(ii) Removal of malware, where identified;
(iii) Temporary platform downtime if necessary;
(iv) Recovering any lost data, if possible;
(v) Repairing unauthorised modification of data, if possible;
(vi) Restoring access to the platform when able.
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(b) Assess the risks involved and the repercussions on respective stakeholders. The following may be considered in assessing the stakeholder risks:

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(i) The type of information involved;
(ii) Establish the cause and the extent of the breach;
(iii) Assess the risk of harm to affected persons;
(iv) Assess the risk of other harms: reputational damage;
(v) Notify Management and Affected Individuals where appropriate;
(vi) Management must be notified of breaches as and when they occur, whether or not the breach is an eligible breach under the Notifiable Data Breach Scheme;
(vii) Labour Hub PTY LTD is an APP 11 entity under the PrivacyAct 1988 (Cth) and is and must, therefore, comply with its obligations under the Notifiable Data Breach Scheme;
(viii) Data Breaches that are not eligible under the Notifiable Data Breach Scheme need not be reported and may be addressed internally.

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5. Notifiable Data Breach Scheme

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Under the Notifiable Data Breach Scheme, Labour Hub PTY LTD is obliged to report data breaches that satisfy the following criteria:

(a) there is unauthorised access to or unauthorised disclosure of personal information, or a loss of personal information, that Labour Hub PTY LTD holds;

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(b) That the unauthorised access to or disclosure of, or loss of personal information is likely to result in serious harm to one or more individuals; and

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For further information on how to assess a notifiable data breach, Labour Hub PTY LTD must refer to the OAIC’s APP guidelines.

Where Labour Hub PTY LTD suspects that an eligible breach has occurred, it must carry out a reasonable and expeditious assessment of the breach: s 26WH(2)(a) of the Privacy Act. Where possible, the assessment must be completed within 30 days of Labour Hub PTY LTD becoming aware of information that causes it to suspect that an eligible breach has occurred. If Labour Hub PTY LTD is unable to complete the assessment within 30 days, a written document must be written which addresses:

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(a) how all reasonable steps have been taken to complete the assessment within 30 days;

(b) the reasons for the delay; and

Where an Eligible Breach has occurred, Labour Hub PTY LTD must inform affected users AND the Privacy Commissioner. Labour Hub PTY LTD is allowed to disclose eligible breaches to users in either of the following ways:

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(a) It may notify all Labour Hub PTY LTD users

(b) it may notify affected Labour Hub PTY LTD users

Disclosure of eligible breaches to the Privacy Commissioner may be done by online form.

For more information on disclosing Eligible Breaches under the Notifiable Data Breach Scheme, please refer to the OAIC’s webpage on the topic.

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6. Disciplinary Consequences

Labour Hub PTY LTD reserves the right to monitor Employees’ use, access and modification of the company’s data, and initialise an investigation if cases where an employee conducts an action that is in breach of this policy.

All Employees should handle LabourHub PTY LTD’s data with due diligence in accordance with this policy and any related policies.

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If an employee’s action or omission that is prohibited under this policy causes a disruption of integrity to the data system or leads to a breach defined in the Privacy Act, the employee may face severe disciplinary action up to and including termination at the discretion of Labour Hub PTY LTD.

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PRIVACY POLICY

Ref Hub PTY LTD

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1. We respect your privacy

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(a) Labour Hub PTY LTD respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.
(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, theEU General Data Protection Regulation (GDPR).
(c) "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.
(d)You may contact us in writing at Level 9/10 Queen Street, Melbourne, Victoria, 300 for further information about this Privacy Policy.

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2. What personal information is collected

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(a) Labour Hub PTY LTD will, from time to time, receive and store personal information you submit to our website, provided to us directly or given to us in other forms
(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.
(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
(d) Additionally, we may also collect any other information you provide while interacting with us.

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3. How we collect your personal information

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(a) Labour Hub PTY LTD collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties.If we do, we will protect it as set out in this Privacy Policy.
(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

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4. How we use your personal information

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(a) Labour Hub PTY LTD may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

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(b) Labour Hub PTY LTD will use personal information only for the purposes that you consent to. This may include to:
(i) provide you with products and services during the usual course of our business activities;
(ii) administer our business activities;
(iii) manage, research and develop our products and services;
(iv) provide you with information about our products and services;
(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(vi) investigate any complaints.

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(b) Labour Hub PTY LTD will use personal information only for the purposes that you consent to. This may include to:
(i) provide you with products and services during the usual course of our business activities;
(ii) administer our business activities;
(iii) manage, research and develop our products and services;
(iv) provide you with information about our products and services;
(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, sms or mail; and
(vi) investigate any complaints.

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If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

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(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.
(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer, to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

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5. Disclosure of your personal information

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(a) Labour Hub PTY LTD may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.
(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

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6. General Data Protection Regulation (GDPR) for the European Union (EU)

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(a) Labour Hub PTY LTD will comply with the principles of data protection set out in theGDPR for the purpose of fairness, transparency and lawful data collection and use.
(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.
(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.
(d) We will only collect your personal information with your express consent for a specific purpose, and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

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(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.
(f) We process your personal information if it is necessary to protect your life or in a medical situation, if it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.
(g) We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unles we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

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(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

7. GDRP Our web application is not based in the European Union (EU) and may not be fully compliant with the General Data Protection Regulation (GDPR). However, we understand the importance of protecting personal data and will make reasonable efforts to uphold the rights of EU citizens under GDPR. These rights include:

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The right to be informed about the use of their personal information
The right to access their personal information and receive a free copy
The right to correct inaccurate or incomplete personal information
The right to delete their personal information (also known as "the right to be forgotten")
The right to restrict the processing of their personal information
The right to retain and reuse their personal information for their own purposes
The right to object to the use of their personal information
The right to object to automated decision making and profiling.

If you are an EU citizen and have any questions or concerns about our handling of your personal data, please contact us at info@labourhub.com.au. We will make every effort to address your concerns and comply with your rights under GDPR."

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(d) We may ask you to verify your identity before acting on any of your requests.

8. Hosting and International Data Transfers

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(a) Information that we collect may from time to time, be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to, Australia.
(b) We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission, which you can obtain from the European Commission

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Website; the use of binding corporate rules, a copy of which you can obtain from Labour Hub PTY LTD's Data Protection Officer.

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(c) The hosting facilities for our website are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards; these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Labour Hub PTYLTD's Data Protection Officer.

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(d) Our Suppliers and Contractors are situated in Australia. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the EuropeanCommission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from LabourHub PTY LTD's Data Protection Officer.

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(e) You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

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9. Security of your personal information

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(a) Labour Hub PTY LTD is committed to ensuring that the information you provide to us is secure. In order to preventun authorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.
(c) The transmission and exchange of information is carried out at your own risk.We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

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10. Access to your personal information

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(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at info@labourhub.com.au.

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(b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

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11. Complaints about privacy

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(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to info@labourhub.com.au. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

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12. Changes to Privacy Policy

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(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

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13. Website

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(a) When you visit our website

When you come to our website (www.Labourhub.com.au), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.

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(b) Cookies

We may, from time to time, use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

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Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third-party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Labour Hub PTY LTD is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information.

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14. Effective date

This policy is effective from 20th October 2022.