Last updated on 10 Dec 2024
1.1 Tomo Remote Pty Ltd (ABN 89 629 534 612) (“Tomo AU”, “we”, “us” or “our”) is committed to protecting the privacy of personal information in accordance with Australian privacy laws.
1.2 This Privacy Policy sets out how we collect, use, disclose and otherwise handle personal information in compliance with the Privacy Act 1988 (Cth) (“Privacy Act”) including the Australian Privacy Principles (“APPs”).
1.3 This Privacy Policy applies to personal information collected by Tomo AU in relation to our services of providing New Zealand-based contractors to Australian companies (“Clients”) through our arrangement with Tomo Remote Limited (New Zealand) (“Tomo NZ”).
2.1 “Client” means an Australian-based company engaging the services of Tomo AU for the provision of NZ-based contractors.
2.2 “Contractor” means a New Zealand-based individual engaged by Tomo NZ to provide services to Clients through Tomo AU.
2.3 “Personal information” has the meaning given to it in the Privacy Act, being information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.
2.4 “Sensitive information” has the meaning given to it in the Privacy Act, being personal information about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information, biometric information or biometric templates.
3.1 We collect personal information that is reasonably necessary for one or more of our functions or activities in providing our services.
3.2 The types of personal information we may collect include:
(a) Contact details (name, address, email address, phone number) (b) Date of birth (c) Employment history and qualifications (d) Financial information (bank account details, tax file number) (e) Government-issued identifiers (driver’s licence number, passport number) (f) Information about skills, experience, and work performance (g) Background check results (where applicable and with consent)
3.3 We may also collect sensitive information where it is reasonably necessary for our functions or activities and with your consent, or otherwise as permitted by law.
3.4 We collect personal information through various means, including:
(a) Direct communication with Clients and Contractors (b) Online forms and applications (c) Email and other electronic communications (d) Our website and social media platforms (e) Third-party service providers (e.g., recruitment agencies, background check providers)
3.5 Where possible, we collect personal information directly from the individual. However, we may also collect information from third parties such as Tomo NZ, Clients, referees, or publicly available sources.
3.6 If you choose not to provide certain personal information to us, we may not be able to provide you with our services or fulfil our legal obligations.
4.1 We use personal information for the primary purpose for which it was collected and for reasonably expected secondary purposes which are related to the primary purpose.
4.2 The main purposes for which we use personal information include:
(a) Providing our services to Clients (b) Managing our relationship with Clients and Contractors (c) Facilitating the placement of Contractors with Clients (d) Processing payments and managing accounts (e) Complying with legal and regulatory obligations (f) Conducting background checks (where applicable and with consent) (g) Improving our services and developing new services (h) Marketing our services to current and prospective Clients
4.3 We will not use your personal information for any other purpose without your consent, unless required or authorised by law.
5.1 We may disclose personal information to:
(a) Tomo NZ for the purpose of engaging and managing Contractors (b) Clients for the purpose of providing our services (c) Third-party service providers who assist us in operating our business (e.g., IT service providers, payment processors) (d) Professional advisors (e.g., lawyers, accountants, auditors) (e) Government agencies or regulatory bodies where required by law
5.2 We take reasonable steps to ensure that third parties who receive personal information from us are bound by privacy obligations in relation to the protection of your personal information.
5.3 We may disclose personal information to overseas recipients, including to Tomo NZ in New Zealand. When we disclose personal information overseas, we will take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information, unless:
(a) We reasonably believe that the recipient is subject to a law or binding scheme that has the effect of protecting the information in a way that, overall, is at least substantially similar to the way in which the APPs protect the information and there are mechanisms that the individual can access to take action to enforce that protection of the law or binding scheme; or (b) We have informed the individual that their information will be disclosed overseas and the individual consents to the disclosure.
6.1 We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, or disclosure.
6.2 These steps include:
(a) Secure storage of physical and electronic records (b) Access controls and authentication procedures (c) Encryption of sensitive data (d) Regular security assessments and updates (e) Staff training on privacy and data protection
6.3 Where we no longer require personal information for any purpose for which it was collected, we will take reasonable steps to destroy or permanently de-identify the information, unless we are required by law to retain it.
7.1 You have the right to request access to the personal information we hold about you and to request its correction if it is inaccurate, out of date, incomplete, irrelevant, or misleading.
7.2 To request access to or correction of your personal information, please contact our Privacy Officer using the details provided in Section 11.
7.3 We will respond to your request within a reasonable time (usually within 30 days) and will provide access in the manner requested if it is reasonable and practicable to do so.
7.4 We may charge a reasonable fee for providing access to your personal information, but we will not charge for making a request for access.
7.5 If we refuse to provide access or to correct your personal information, we will provide you with written reasons for the refusal and information about how you can complain about the refusal.
8.1 We may use your personal information to send you direct marketing communications about our services that we consider may be of interest to you.
8.2 These communications may be sent in various forms, including email, SMS, and mail, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth).
8.3 You consent to us sending you direct marketing communications by any of these methods unless you indicate your objection to receiving such communications by contacting our Privacy Officer or using the opt-out mechanism in our marketing communications.
8.4 If you opt-out of receiving marketing communications from us, we will ensure that your name is removed from our marketing lists within a reasonable timeframe.
9.1 We may use cookies and other tracking technologies on our website to collect and store information about your interactions with our website.
9.2 We may also use third-party analytics services (such as Google Analytics) to help us understand how users engage with our website.
9.3 You can configure your browser to refuse cookies or to notify you when a cookie is being sent. However, this may affect your ability to use certain features of our website.
10.1 We may update this Privacy Policy from time to time to reflect changes in our practices or legal obligations.
10.2 We will publish the updated Privacy Policy on our website and notify you of any substantial changes by email or other means.
11.1 If you have any questions, concerns, or complaints about this Privacy Policy or our handling of your personal information, please contact our Privacy Officer:
Privacy Officer Tomo Remote Pty Ltd
U 805 220 Collins St, Melbourne VIC 3000
Email: brendan@tomoremote.com
Phone: +64 27 802 4627
11.2 We will investigate any complaints and respond to you within a reasonable time (usually within 30 days).
11.3 If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC). For more information, visit www.oaic.gov.au.
12.1 This Privacy Policy is governed by the laws of Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Australia.