Privacy Policy

1. About this Privacy Policy

Naiman Clarke is committed to protecting the privacy and confidentiality of the personal information entrusted to us.

This Privacy Policy explains how Naiman Clarke collects, holds, uses and discloses personal information in connection with our legal recruitment, executive search, consulting and related services.

In this Privacy Policy, Naiman Clarke, we, us and our refer to Naiman Clarke Pty Ltd ABN 88 089 607 232 trading as Naiman Clarke.

We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and other applicable privacy laws.

By providing personal information to us or using our website or services, you acknowledge that your information will be handled as described in this Privacy Policy.

2. The personal information we collect

The personal information we collect depends on your relationship with us and the services we provide.

Candidates and prospective candidates

We may collect information including:

• your name and contact details;
• your résumé, employment history, qualifications, admissions, professional memberships and areas of expertise;
• salary, remuneration, notice period, location and working arrangement preferences;
• career objectives and information about roles, employers or opportunities in which you may be interested;
• interview notes, consultant assessments and communications with you;
• references and information provided by referees;
• work rights, citizenship or visa information;
• information obtained through professional networking platforms, publicly available sources and industry contacts;
• information relating to applications, interviews, offers, placements and employment outcomes;
• identity, background, qualification, conflict or other verification information where reasonably required; and
• sensitive information where relevant to the recruitment process and where you consent or the law otherwise permits us to collect it.

Sensitive information may include information about your health, disability, racial or ethnic origin, professional association membership or criminal record. We will only collect sensitive information where it is reasonably necessary for our functions and permitted by law.

Clients and prospective clients

We may collect:

• names, job titles and business contact details;
• information about your organisation, team and recruitment requirements;
• records of vacancies, candidate requirements and recruitment processes;
• commercial correspondence, meeting notes and service history;
• billing, account and transaction information; and
• feedback regarding candidates and placements.

Website users and other contacts

We may collect:

• information submitted through our website, job application forms, email, telephone, social media or other communication channels;
• IP address, browser type, device details and website usage information;
• cookie and analytics information; and
• preferences regarding job alerts, events, publications and marketing communications.

3. How we collect personal information

We may collect personal information:

• directly from you;
• through our website, application forms, interviews and communications;
• from your résumé, professional profile or job application;
• from referees, current or former employers, professional advisers or representatives;
• from clients, candidates and other industry contacts;
• through recruitment platforms, job boards and professional networking services;
• from publicly available sources; and
• from service providers that assist us with verification, technology, analytics or recruitment services.

Where reasonable and practicable, we will collect personal information directly from you.

When another person provides us with information about you, we expect them to be authorised to do so. You may also provide information about another person, such as a referee, only where you are authorised to provide that information.

You may deal with us anonymously or using a pseudonym where lawful and practicable. However, this may limit our ability to provide recruitment services to you.

4. Why we collect, use and disclose personal information

We collect, use and disclose personal information for purposes including:

• providing recruitment, executive search and career advisory services;
• assessing your suitability for current and future employment opportunities;
• matching candidates with potential employers and roles;
• presenting candidates to clients with the candidate's authority;
• communicating with candidates, clients and other contacts;
• arranging interviews and managing recruitment processes;
• checking references, qualifications, work rights, conflicts and background information;
• negotiating and facilitating offers and placements;
• managing client relationships and service agreements;
• maintaining our candidate, client and professional contact databases;
• providing market information, salary guidance, job alerts, publications and event invitations;
• operating, securing and improving our website, systems and services;
• conducting research, reporting and business analysis;
• administering accounts, invoices and payments;
• preventing fraud, misuse and cybersecurity incidents;
• managing complaints, disputes and legal claims; and
• complying with legal, regulatory and professional obligations.

We may also use personal information for another purpose where you have consented, where you would reasonably expect us to do so or where permitted or required by law.

5. Candidate submissions and confidentiality

We recognise that confidentiality is particularly important in legal recruitment.

We will generally seek your authority before submitting personally identifiable candidate information to a prospective employer.

We may discuss your experience or provide an anonymised profile to a prospective employer without identifying you. We will not intentionally provide information that directly identifies you as part of an anonymised approach.

Once you authorise us to submit your information, the prospective employer will handle that information in accordance with its own privacy practices and legal obligations.

You should tell us about any organisations to which you do not want your information disclosed and any potential conflicts, prior applications or other restrictions relevant to your search.

6. Disclosure of personal information

We may disclose personal information to:

• prospective and existing employers;
• clients and organisations considering engaging our services;
• referees and persons involved in verification processes;
• related entities, employees, contractors and consultants;
• recruitment technology providers, database providers, cloud hosting providers and communications platforms;
• job boards, professional networking platforms and recruitment service providers;
• identity, background, qualification and work-right verification providers;
• IT, cybersecurity, analytics, marketing and website service providers;
• insurers, auditors, accountants, lawyers and other professional advisers;
• regulators, courts, law enforcement bodies and government agencies; and
• other parties where you have authorised the disclosure or where it is permitted or required by law.

We do not sell personal information to third parties.

7. Overseas disclosure and storage

Some of our service providers, technology platforms, clients or prospective employers may be located outside Australia or may store or process information using overseas infrastructure.

As a result, personal information may be disclosed to or accessible from countries outside Australia.

Where required, we will take reasonable steps to ensure overseas recipients handle personal information consistently with applicable Australian privacy requirements.

Where you ask us to assist with an international opportunity, you authorise us to disclose relevant information to the overseas organisation or relevant service providers involved in that recruitment process.

8. Data security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure.

These steps may include:

• access controls and authentication measures;
• secure recruitment and document-management systems;
• cybersecurity and monitoring measures;
• confidentiality obligations for staff and contractors;
• secure storage and disposal practices; and
• internal privacy and information-security procedures.

No method of electronic transmission or storage is completely secure. While we take reasonable precautions, we cannot guarantee the absolute security of information transmitted through the internet.

If we become aware of an eligible data breach, we will respond in accordance with the Notifiable Data Breaches scheme and other applicable legal requirements.

9. Data quality and retention

We take reasonable steps to ensure that the personal information we hold is accurate, complete, relevant and up to date.

Please notify us when your circumstances or information change.

We retain personal information for as long as reasonably necessary for our recruitment and business purposes, including to:

• consider candidates for future opportunities;
• maintain records of client and candidate interactions;
• comply with legal, taxation, insurance and regulatory obligations; and
• manage disputes or legal claims.

When personal information is no longer reasonably required, we will take reasonable steps to securely destroy or de-identify it, unless we are legally required or permitted to retain it.

You may ask us to delete your information. We will action the request where reasonably practicable and legally permitted, subject to any information we need to retain for legitimate business, legal or compliance purposes.

10. Direct marketing and job communications

We may contact you about:

• employment opportunities;
• candidates who may suit your organisation;
• salary and market updates;
• recruitment services;
• events, publications and industry developments; and
• other information relevant to your professional interests.

We may send these communications where you have consented or where otherwise permitted by law.

You may opt out at any time by:

• using the unsubscribe function in an electronic communication;
• contacting the consultant who sent the communication; or
• emailing us at reception@naimanclarke.com.au.

Opting out of marketing communications will not prevent us from contacting you about an active recruitment process, placement, service engagement or other operational matter.

11. Cookies and website analytics

Our website may use cookies and similar technologies to:

• operate and secure the website;
• remember user preferences;
• understand website traffic and usage;
• measure the effectiveness of content and advertising; and
• improve our website and services.

Some cookies may be placed by third-party analytics, advertising or technology providers.

You can control cookies through your browser settings. Disabling cookies may affect the functionality of parts of the website.

12. Artificial intelligence and automated tools

We may use technology-assisted tools, including artificial intelligence, to support administrative, search, matching, drafting, analysis and recruitment-related activities.

These tools are intended to assist our consultants and do not replace appropriate human review and professional judgement in material recruitment decisions.

Where we use third-party technology providers, information may be processed in accordance with the provider's contractual confidentiality, privacy and security obligations.

You may contact us if you have questions about how technology has been used in connection with your information or a recruitment process.

13. Third-party websites

Our website may contain links to third-party websites, job platforms and social media services.

We are not responsible for the privacy, security or content of third-party services. You should review their privacy policies before providing personal information.

14. Accessing and correcting your information

You may request access to the personal information we hold about you or ask us to correct inaccurate, incomplete or out-of-date information.

To make a request, contact us using the details below.

We may need to verify your identity before processing the request. In limited circumstances, we may refuse access or correction where permitted by law. If we do so, we will generally provide written reasons and information about available complaint mechanisms.

We will not charge you for making an access request, although we may charge reasonable costs associated with providing access where permitted by law.

15. Privacy complaints

You may contact us if you believe we have interfered with your privacy or have not handled your information appropriately.

Please provide enough information for us to understand and investigate the issue.

We will acknowledge and investigate your complaint and aim to respond within a reasonable period.

If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner.

16. Changes to this Privacy Policy

We may amend this Privacy Policy from time to time to reflect changes to our practices, technology, services or legal obligations.

The updated policy will be published on our website with the revised effective date. We encourage you to review this page periodically.

17. Contact us

For privacy enquiries, access or correction requests, complaints or requests to withdraw consent, contact:

Email: reception@naimanclarke.com.au