TMS Asia Pacific – Privacy Policy

Your privacy on the Internet is of the utmost importance to us. At TMS Asia Pacific (TMS), we want to make your experience online satisfying and safe. Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information TMS will collect and how we will use that information.

This Statement will also instruct you on how you can verify the accuracy of your personally identifiable information submitted to TMS through our website and how you can request that we delete your personally identifiable information from our databases.

Links
Our site may contain links to other web sites. We have no control over the privacy practices or the content of any of our business partners or other sites to which we provide links from our sites. You should check the applicable privacy policy of the web site sponsor when linking to other web sites. This privacy statement applies solely to information collected by this Web site.


Your Consent
By using this website, you consent to the collection and use of this information by TMS.


Information Collection and Use
TMS collects information voluntarily given by our users at several different points on the website and through its newsletter.
If you choose to give us personal information via the Internet that we or our business partners may need to correspond with you, it is our intent to let you know how we will use such information. 

TMS stores and processes your personally identifiable information to be able to contact you, better understand your needs, enhance your experience and how we may improve our products and services to better prepare future content based on the interests of our users. We also collect data from our users so that we can customise the content and/or advertising site according to individual preferences and billing purposes.

User details will be used only to provide service(s) specifically requested by the User.  TMS will not give or sell your personally identifiable information to any outside organization for the organization's own use except when:
- We have your consent to share the information;
- We need to send the information to companies who work on behalf of TMS to provide a product or service to you; (Unless we tell you differently, these companies do not have any right to use the personally identifiable information we provide to them beyond what is necessary to assist us.);
- We need to share your information to provide the product or service you have requested;
- We respond to subpoenas, disclosure by law or court order, any legitimate request by authorities with which we must comply or legal process; or
- We find that your actions on our web sites violate our Terms and Conditions or any of our usage guidelines for specific products or services.

TMS as the sole owner of the personal information collected from this site, may transfer information about you if TMS acquires, or is acquired by or merged with, another company.

When we use tracking information to determine which areas of our sites users like and don't like based on traffic to those areas, TMS creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners.


Registration
In order to receive our newswires, email alerts or access our web site content, users have to complete a registration form. During registration a user is required to give contact information (such as name, email address, industry sector, etc.). This information is used to contact the user about the services on our site for which they have expressed interest and so we can provide a more personalised experience at TMS. Users can also provide optional information.


Your Personal Information
You can update your personal information and unsubscribe as a user on our website on the Newsletter channel as well as from our newsletter email.
If you have submitted personally-identifiable information through TMS’ website and would like to have that information deleted from our marketing databases, please do not hesitate to contact us. We will then use reasonable efforts to remove your personally identifiable information from our files. You may also contact us to request the personally identifiable information that TMS has collected about you through its websites or interactive advertisements. TMS will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information.


Cookies
We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. TMS uses cookies to track user traffic patterns. You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys.

PRIVACY COLLECTION STATEMENT (AUSTRALIA/ NEW ZEALAND)

PRIVACY ACT 1988 (Cth) and NZ Privacy Act 1998 – governs the manner in which TMS Asia Pacific (TMS) must handle your personal information and permits us to collect only that information that is necessary for one or more of our functions. In some cases we may be required by our clients (particularly public sector clients) to adhere to a different privacy regime, which may be applicable to their operations.

PERSONAL INFORMATION: is any information or an opinion (whether true or not) about you, which may range from the very sensitive (e.g. medical history or condition) to the every day (e.g. address and phone number). It would include the opinions of others about your work performance (whether true or not), your work experience and qualifications, aptitude test results and other information obtained by us in connection with your possible work placement. Personal
information includes sensitive information.

SENSITIVE INFORMATION: is a special category of personal information including details or opinion about your: • racial or ethnic origin; • political opinion; • membership of a political association or religious beliefs, affiliations and philosophical beliefs; • membership of a professional or trade association or membership of a trade union; • sexual preferences or practices; • criminal record; • health or disability (at any time); and • express wishes about the future provision of health services. In most cases, we do not collect sensitive information unless it is with your consent and necessary for our tasks or functions.

WHO WILL BE COLLECTING YOUR PERSONAL AND SENSITIVE INFORMATION AT TMS?: TMS, its agents and employees, will collect your personal and sensitive information for its own use in connection with your work placements. Some laws such as taxation laws, immigration laws, recruitment agency laws and laws for the protection of certain classes of people (such as children, the aged or persons with a disability) might require that TMS collects and discloses certain
types of personal information about you. If you wish to contact your TMS Consultant about personal or sensitive information, please do so between the hours of 8.30 am to 5.30 pm Monday to Friday. For service outside normal office hours you should contact our Privacy Co-Ordinator Michelle Williams on 0433 108 642.

HOW TMS COLLECTS YOUR INFORMATION: Personal and sensitive information is collected by TMS in document or electronic form when you fill out and submit your CV or any other information in connection with your application to us for registration. Personal and sensitive information will also be collected when: • TMS receives any reference about you (whether from your nominated referees or from others); • TMS receives results of inquiries that we may undertake of your former employers, work colleagues, professional associations or registration bodies; • TMS receives the results of any competency or medical tests; • TMS receives performance feedback (whether positive or negative); • TMS receives any complaint from or about you in the workplace; • TMS receives any
information about a workplace accident or incident in which you are or were involved; • TMS receives any information about any insurance investigation, litigation, registration or professional disciplinary matter, criminal matter, inquest or inquiry in which you were involved; • TMS receives any other information about you from you or from any other source.

STORAGE OF INFORMATION BY TMS: All personal and sensitive information that TMS holds about you will be stored securely: • by hard copy; and/or • by electronic filing - within secure software accessible only by or through authorised TMS personnel.

HOW YOUR INFORMATION WILL BE USED BY TMS: Your personal and sensitive information may be used in connection with: • your actual or possible work placement; • your performance appraisals; • our assessment of your ongoing performance and prospects; • any tests or assessments that you might be required to undergo (whether medical, academic or otherwise); • our identification of your training needs; • any workplace rehabilitation; • our management of any complaint, investigation or inquiry in which you are involved; and • any insurance claim or proposal that requires disclosure of your personal or sensitive information.

ACCURACY OF PERSONAL INFORMATION: You should ensure that the personal and sensitive information that you provide TMS is accurate, complete and up to date.

DISCLOSURE OF YOUR INFORMATION TO OTHERS: Your personal information and your sensitive information may be disclosed to: • potential and actual employers and clients of TMS; • your referees; • TMS’s insurers; • a professional association or registration body that has a proper interest in a disclosure of your personal and sensitive information; • TMS’s contractors and suppliers, e.g. TMS contractors and database contractors, and • any person with a lawful entitlement to obtain the information.

FAILURE TO PROVIDE INFORMATION TO TMS: If you do not give TMS the information we seek: • we may be limited in our ability to locate suitable work for you; • we may choose not to proceed with your application for work.

ASSESSING AND CORRECTING YOUR INFORMATION WITH TMS: Subject to some exceptions, which are set out in the National Privacy Principals (Principal 6 – Access & Correction), you have a right to access and have a copy of the personal and sensitive information about you, which TMS holds. Should you become aware that any personal or sensitive information which TMS holds about you is not accurate, complete and up to date, please inform us and we will take reasonable steps to correct it so that it is accurate, complete and up to date. If TMS is unable to agree that personal or sensitive information, which we hold, about you is accurate, complete and up to date, you may ask us to place with the information, a statement by you that claims that particular information is not
accurate, complete and up to date. If you wish to exercise your rights of access and correction, you should contact our Privacy Co-Ordinator on the number listed above. In some cases, TMS may impose a moderate charge for providing access to your personal and sensitive information. However, we will not charge you simply because you lodge a request for access.

CONFIDENTIALITY ACCEPTANCE CLAUSE: The candidate whose information is stored in the TMS database acknowledges that the information that is being provided by TMS is strictly confidential. In the case of a breach of this agreement the candidate accepts they will be liable to pay TMS a full placement fee that would have been received by TMS had the breach not occurred.

CONSENT TO COLLECTION, USE AND STORAGE OF INFORMATION BY TMS AND ACKNOWLEDGEMENT: By submitting your resume or information to this website, you are accepting that you have read and understood this collection statement and voluntarily consent to: personal and sensitive information about me being used, collected, stored and disclosed by TMS, as outlined above. You acknowledge that the obtaining and disclosure of information from referees may assist (or be detrimental to) your employment prospects and may be beneficial to the steps that TMS might take to locate suitable employment for me. You request that TMS take steps to obtain and disclose relevant personal information about yourself to the extent that it may be required to do so in  connection with the supply or possible supply of any service to its clients or potential clients. You promise that you will not hold TMS, its consultants or any third party (including, but not limited to a referee, former employer, or client of TMS), liable for any detriment that might arise from the communication of any personal information collected about you and you authorise TMS to communicate the details of this promise to any third party to whom it may relate, acknowledging that both TMS, its consultants, and such third party might rely upon your promise and act upon it to their detriment. You understand that the personal information referred to above is any information or an opinion (whether true or not) about yourself, which may range from the very sensitive (e.g. your medical history or condition) to the everyday (e.g. your address and telephone number). It would include the opinions of others about your work performance (whether true or not), or work experience and qualifications, aptitude test results, and any other information obtained by TMS in connection with your possible work placement. You acknowledge that your promise may be relied upon to stop you from bringing a claim or proceedings in connection with the disclosure of personal information about yourself. The promise which you have given above will not apply: • to personal information collected by TMS or its consultants which is not necessary for one or more of TMS functions or activities which it is not necessary; or • in a situation where any such information is communicated by TMS, its consultants or the third party out of malice; or • in a situation where TMS, consultant or third party reasonably believes that the information is false unless the disclosure of the information is qualified by a statement of the communicator’s belief as to its falsity; or • in a situation where TMS, consultant or third party is grossly or recklessly negligent with respect to the accuracy of the information disclosed.