This document ("TERMS") declares the undertakings
by D&B Services, Inc. ("COMPANY") in relation to
its handling of data collected ("YOUR DATA") from the
client ("YOU").
By accessing and using this website, you agree to these Privacy
Policy and Terms of Use.
Data Collection
The COMPANY undertakes to collect Your Data by means that
are:
- fair;
- legal; and
- transparent.
If you visit the COMPANY's web site, your
web browser automatically discloses, and the COMPANY's web server
automatically logs, the following information: the date and time,
the IP address from which you issued the request, the type of
browser and operating system you are using, the URL of any page
that referred you to the page, the URL you requested, and whether
your request was successful. This data may or may not be sufficient
to identify you.
Any additional data that you provide, e.g. in a web
form, may also be logged. This data may or may not
be sufficient to identify you.
Any additional data that your web browser automatically
provides may also be logged. This will be the case,
for example, if your browser has previously been requested to
store data on your computer in 'cookies' and
submits them each time you request a web page within a particular
domain (such as AtlantaJobBank.com). This data may or may not
be sufficient to identify you.
If you disclose personal data to the COMPANY in conjunction
with an identifier such as your name or your credit card details, the COMPANY will collect Your Data. Moreover, any
data that becomes available to the COMPANY through any of the
means described in the preceding paragraphs may be able to be
associated with that identifier, and hence become Your Data.
Subject to the qualifications immediately below, the COMPANY
undertakes to collect Your Data from you and
not from other parties. This undertaking is qualified as follows:
- where the COMPANY reasonably considers that the protection
of its financial interests requires that it gather Your Data
from other sources, or from additional sources. This applies
in particular where the COMPANY has a lending exposure to you,
and seeks information about your creditworthiness;
- where the COMPANY reasonably considers that its capability
to deliver quality services to you will be materially enhanced
by gathering Your Data from other sources. This applies in particular
to consumer profile data.
Where the COMPANY collects Your Data from sources
other than you, it undertakes:
- to do so only by legal means;
- to do so only with your Consent; and
- to declare to you what sources it uses, and under what
circumstances.
- the COMPANY undertakes to declare the purpose
of collection in a manner which is clear and meaningful,
and to avoid vague, highly inclusive statements such as 'to
support our operations'.
Data Security
The COMPANY undertakes to store Your Data
in a manner that ensures security against unauthorized access,
alteration or deletion, at a level commensurate with its sensitivity.
The COMPANY undertakes to store Your Data only in
jurisdictions where data protections are at least equivalent
to those required under the OECD Guidelines.
The COMPANY undertakes to transmit Your
Data in a manner that ensures security against unauthorized access,
alteration or deletion, at a level commensurate with its sensitivity.
The COMPANY undertakes to implement appropriate measures
to ensure security of Your Data against inappropriate behavior
by the COMPANY'S staff members and contractors. These
include:
- training for staff in relation to privacy;
- access control, to limit access to Your Data to those staff
and contractors who have legitimate reasons to access it;
- particularly in the case of sensitive data, audit trails
of accesses, including the identities of staff and contractors
accessing the data;
- reminders to staff and contractors from time to time about
the importance of data privacy, and the consequences of inappropriate
behavior;
- declaration of appropriately strong sanctions that are
to be applied in the event of inappropriate behavior
- clear communication of policies and sanctions; and
- processes to audit, to investigate and to impose sanctions.
Data Use
Use refers to the application of Your Data by any part of
the COMPANY, or any staff member or contractor of the COMPANY
in the course of their work.
The COMPANY undertakes to use Your Data only for:
- the purposes for which it was collected
;
- such other purposes as are subsequently agreed
between the COMPANY and You;
- such additional purposes as may be required by
law. In these circumstances, the COMPANY will take
any reasonable steps available to it to communicate to You that
the use has occurred, unless it is precluded from doing so by
law; and
- such additional purposes as are authorized by
law (in particular to protect the COMPANY'S interests,
e.g. if it believes on reasonable grounds that You have failed
to fulfill your undertakings to the COMPANY or have committed
a breach of the criminal law).
- the COMPANY undertakes to use Your Data only if it has
demonstrable relevance to the particular
use to which it is being put.
The COMPANY undertakes to use Your Data in such a manner as
to take into account the possibility that it is not of
sufficient quality for the purpose, e.g. because it
is inaccurate, out-of-date, incomplete, or out-of-context.
Data Disclosure
Disclosure refers to making Your Data available to any party
other than the COMPANY and You. The term disclosure may include
many different conditions of data transfer, including selling,
renting, trading, sharing and giving.
The COMPANY undertakes to disclose Your Data only under the
following circumstances:
- in the course of business being
conducted between You and the COMPANY, where disclosure
is necessary to a contractor, such as a transport company. Where
Your Data is disclosed in this way, the COMPANY undertakes to
exercise control over the COMPANY'S contractors to ensure that
their actions are compliant with these Terms;
- in other circumstances that
are directly implied by the purpose agreed between You and the
COMPANY at the time of data collection or subsequently.
Where Your Data is disclosed in this way, the COMPANY undertakes
to exercise control over the COMPANY’S contractors to ensure
that their actions are compliant with these Terms;
- with your consent, or at your request;
- where required by law, such as a provision of a statute, or a court order such as
a search warrant or sub poena. In these circumstances, the
COMPANY will take any reasonable steps available to it to communicate
to You that the disclosure has occurred, unless it is precluded
from doing so by law;
- where permitted by law (e.g. the reporting
of suspected breach of the criminal law to a law enforcement
agency; and in an emergency, where the COMPANY believes on reasonable
grounds that the disclosure of Your Data will materially assist
in the protection of the life of health of some person), provided
that the COMPANY will apply due diligence to ensure that the
exercise of the permission is justifiable.
- In all cases, the COMPANY undertakes to disclose only such
of Your Data as is necessary in the particular circumstances.
Data Retention and Destruction
Subject to the qualifications immediately below, the COMPANY
undertakes:
- to retain Your Data only as long as
is consistent with its purpose; and
- to destroy Your Data when its purpose
has expired, and to do so in such a manner that Your Data is
not subsequently capable of being recovered.
This undertaking is qualified as follows:
- Your Data may be retained in the COMPANY'S logs,
backups and audit trails within short-term retention
cycles that are devised to protect the COMPANY'S operations.
In such cases, Your Data will be destroyed in accordance with
those cycles;
- Your Data may be retained beyond the expiry of its purpose
if that is required by law, such as a provision
of a statute, or a court order such as a search warrant or sub
poena, or a warning by a law enforcement agency that delivery
of a court order is imminent. In these circumstances, the COMPANY:
- will take any reasonable steps available to it to communicate
to You that Your Data is being retained, unless it is precluded
from doing so by law; and
- will only retain Your Data while that provision is current,
and will then destroy Your Data;
- Your Data may be retained beyond the expiry of its purpose
if it is authorized by law (in particular
to protect the COMPANY'S interests, e.g. if it believes on reasonable
grounds that You have failed to fulfill your undertakings to
the COMPANY or have committed a breach of the criminal law).
In these circumstances, the COMPANY will only retain Your Data
while that situation is current, and will then destroy Your
Data.
Access by You to Your Personal Data
The COMPANY undertakes to provide you with access
to Your Data, subject to only such conditions and processes
as are reasonable in the circumstances. In particular, the COMPANY
undertakes to enable access:
- conveniently;
- without unreasonable delay; and
- without cost.
The COMPANY undertakes to establish and operate identity
authentication protections for access to Your Data that
are appropriate to its sensitivity, but practical. This may involve
some inconvenience; for example, relatively straightforward procedures
may be involved in order to provide you with access through a
channel that you have previously registered with the COMPANY (such
as a particular email address), but may impose more onerous procedures
if you wish to use some other channel.
In the event that you dispute some aspect of Your Data, the
COMPANY undertakes to take reasonable steps in relation to the
amendment, supplementation or deletion of Your
Data.
You undertake:
- not to seek access for frivolous purposes, or unreasonably
frequently;
- to accept that deletion of some data may not be consistent
with the provision of particular services by the COMPANY to
you.
Information about Data Handling Practices
The COMPANY undertakes to make information available to you
about the manner in which the COMPANY handles your data:
- in general terms, in a readily accessible manner; and
- in more specific terms, on request.
Where Your Data is disclosed to a contractor, the COMPANY
undertakes to make information available to you on request about
the manner in which the COMPANY'S contractors handle your data.
The COMPANY undertakes to ensure that the information provided
is meaningful, and addresses your concerns.
You undertake:
- not to seek such information for frivolous purposes, or
unreasonably frequently; and
- to accept that the disclosure of excessive detail may harm
the security of Your Data and the COMPANY'S business processes,
and may harm the COMPANY'S commercial interests.
Handling of Inquiries, General Concerns and Complaints
If you have inquiries, general concerns, or complaints about
these Terms, or about the COMPANY'S behavior in relation to these
Terms, you undertake:
- to communicate them in the first instance:
Enforcement
The COMPANY declares that its undertakings in these Terms
are intended to create legal obligations, and
that those obligations are intended to be enforceable
under appropriate laws in appropriate jurisdictions.
These include laws relating to data protection, privacy, fair
trading, corporations and criminal laws.
You undertake to seek enforcement only in a jurisdiction
that is relevant to the transactions that have taken
place between You and the COMPANY, in particular the jurisdiction
in which you live or in which you performed the relevant acts,
and the jurisdiction in which the COMPANY is domiciled or performed
the relevant act
Changes to These Privacy Undertakings
The COMPANY undertakes:
- not to materially change these Terms in a manner that reduces
the protections for Your Data;
- to take all possible steps to prevent any company that
acquires this company or any of its relevant assets from materially
changing the Terms applicable to Your Data in a manner that
reduces the protections for Your Data;
- where it is considering making changes to these Terms,
or creating more specific Terms relating to specific services,
to consult with appropriate representative and advocacy organizations;
- where it makes changes to these Terms, to ensure that the
differences between successive versions are readily accessible;
- to maintain all prior versions of these Terms in such a
manner that they are dated, and readily accessible.
Definitions
The COMPANY means D&B Services, Inc.,
and the COMPANY benefits from many years experience in the job placement industry. Our philosophy is to achieve a functional
"user friendly" job search system that meets the employment
goals of end users. The COMPANY establishes long-term, mutually
beneficial relationships with clients to help deliver integrated
leading-edge job searches that fulfill business requirements and
ultimately give the client a competitive advantage.
Your Data means data that is capable of
being associated with you, whether or not it includes an explicit
identifier such as your name or customer number. In particular,
it encompasses all data that the COMPANY is capable of correlating
with you, using such means as server logs and cookie contents.
Your Data does not refer to data that can no longer
be associated with you. This includes aggregated data that does
not and cannot identify the individuals whose data are included
in the aggregation.
Consent means your concurrence with an action
to be taken by the COMPANY. Consent may be express or implicit,
but in either case must be informed and freely given.
This Privacy statement has been adapted
from Roger Clark's 'Privacy Statement Template' and the original
can be found at: http://www.anu.edu.au/people/Roger.Clarke/DV/PST.html
