Perform Zone Privacy Policy
Version (Effective): March 5 , 2024
This Privacy and Cookies Policy applies to all data collections and other data processing of Perform Zone Pty Ltd in particular through www.performzone.com and through its service platforms performzone.com (each referred to herein as a “Site”) owned and operated by it.
For purposes of this Privacy Policy any reference to “Perform Zone” (or “our” or “us” or “we”) shall mean Perform Zone Pty Ltd. This Privacy Policy describes how Perform Zone collects, uses, shares and otherwise processes the personal data you provide to us or to our customers. It also describes your choices regarding use, access, correction and deletion of your personal data. The use of personal data collected through our service shall be limited to the purpose of providing the Perform Zone service for which the customer has engaged Perform Zone as set out in the Master Subscription Agreement, Terms of Service, and other agreements with the customer and this Privacy Policy (“Perform Zone Service” or “Service”).
1. Collected Personal Data and How We Use It
1.1. We may collect and/or process the following categories of personal data from our customers, customers’ candidates and Site visitors:
Type of Data | Description | Duration | Entity that Collects your Data | Purpose of Collection / Processing |
Identifiers | Data relating to an identified or identifiable natural person. Examples are names, email addresses, residential addresses, job title, employer, contact details, age, sex, date of birth, physical descriptions, , we may also collect information about a customer’s business such as company name, company size, business type, and contact information. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
Education and Professional Training | Data related to education and professional training. Examples are academic records, qualifications, skills, training records, and professional expertise. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
Employment | Data relating to employment. Examples are business role, employment and career history, recruitment and termination details, attendance record, health and safety records, performance appraisals, training records, agency employer, security records or other information necessary to determine an individual’s fitness for employment. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
Financial | Data relating to financial affairs. Examples are income, salary, billing rate, payments, benefits, bank or other information necessary to process payroll for an individual. For our customers, personal information may also include payment processing information such as credit or debit card number, bank information, and billing address. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
Goods or Services Provided | Data relating to goods and services which have been provided. Examples that may contain personal data are details of the goods or services supplied, licenses issued, agreements and contracts. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
IT Information | Data relating to an individual’s use of technology or software including IP addresses, any information about the computing or mobile device an individual is using, location data gathered from such devices, connection data, usernames and passwords, and social media handles. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
Special Categories | Data that is considered sensitive or special categories of personal data (Art. 9 GDPR), personally identifiable information, or sensitive personal data under applicable law. This category of personal data is typically collected to comply with legal requirements or to determine fitness for employment. | See Sec. 5 | Perform Zone or Perform Zone’s Customers | See Sec. 1.2.1 – 1.2.10 |
1.2. Personal data are collected and used for Perform Zone’s legitimate business purposes as the controller and, as the processor, to comply with the Company’s contractual and legal obligations, including establishing, managing and providing the Perform Zone Service to our customers. Personal data are used by Perform Zone for the purposes described in this Privacy Policy, or for additional purposes that Perform Zone has advised you of, and/or for which Perform Zone has obtained your revocable consent with respect to the use or disclosure of your personal data. Specifically, we process the personal data collected only for the following purposes:
1.2.1. Provide the Service to our customers, including through third parties.
1.2.2. Facilitate the services provided to our customers by Perform Zone partners and other third party service providers.
1.2.3. Keep records of customer activity.
1.2.4. Keep records of customer information.
1.2.5. Administer a customer’s accounts, including payment.
1.2.6. Respond to a customer’s service or support requests.
1.2.7. Provide updates regarding the Service or service offerings.
1.2.8. For marketing, promotional and sales purposes.
1.2.9. For data security purposes.
1.2.10. For statistical, analytical, machine learning and product/service enhancement purposes.
1.3. Perform Zone may use, disclose, distribute, and publish aggregated and/or anonymized data for statistical, analytical, machine learning and product and Service testing and enhancement purposes. Perform Zone employs reasonable and technically appropriate measures designed to prevent the re-identification of such personal data by a third-party. Anonymized and/or aggregated data may be shared with third parties for research and other purposes.
1.4. We will only share your personal data with third parties (our agents) in the ways that are described in our customer agreements and this Privacy Policy. We do not sell your personal data to third parties. See also Sec. 9 below. Perform Zone does not use personal data for automated decision-making, including profiling (Art. 22 GDPR). Additionally, our employees are trained on privacy obligations and subject to confidentiality obligations and only have access to personal data as necessary for our business purposes and their own duties.
1.5. Perform Zone will use and disclose your personal data as follows, (i) to the extent necessary to provide the Service to you or as requested by you, or (ii) pursuant to law, as determined by Perform Zone in its sole discretion, or (iii) by a court order, or (iv) in connection with third party cookies as described in Section 2.1 of this Privacy Policy. Customer or customer candidate records may at times be viewed or accessed by Perform Zone’s authorized employees or agents for the following purpose(s) of (i) providing the Service and related professional services to a customer or customer candidates, (ii) resolving a support issue affecting any of them, (iii) to inspect and resolve a suspected violation of customer agreements with a customer, or (iv) as may be required by law, as determined by Perform Zone in its sole discretion, judicial proceeding, subpoena, legal process or binding court order. We also reserve the right to disclose your personal data when we believe, in our sole discretion, that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, subpoena, court order, or legal process.
1.6. Perform Zone may disclose personal data to companies that assist us in providing our Service (i.e. our sub-processors, subcontractors and third-party service providers) or third-party partners that our customers may engage directly to provide you with their services or content (i.e. marketplace partners and other third-party service providers that integrate with our Service). These third-party service providers or partners may provide content or services through the Service or integrate with our Service and, accordingly, may need access to your personal data to provide their services to you.
1.7. Any transfers by Perform Zone to sub-processors are governed by our vendor agreements with them, which provide standards of care for the protection for personal and confidential information that are not less stringent than the standards contained in our customer agreements, and in no event, less than a reasonable standard of care in accordance with the Standard Contractual Clauses as set forth in Section 13 of this Privacy Policy, the Data Privacy Framework and other applicable law. Our sub-processors are authorized to use your personal data only as necessary to provide these services to us and/or you and for the purposes for which the personal data was collected. Personal data may be transferred to third parties outside the state, province, country or other jurisdiction in which Perform Zone stores personal data, subject to Perform Zone taking steps to provide that any such transfer is made in compliance with applicable laws. In the case of partners/third-party service providers with whom Perform Zone customers contract directly, their policies regarding personal data will govern your relationship with them as stated in the applicable agreement between the Perform Zone customer and the partner/third-party service provider and we will not be responsible for any actions or omission of these partners/third-party service provider. Under the Standard Contractual Clauses, the Data Privacy Framework Principles and other applicable law, you have the right to opt out of (i) disclosures of your personal data to third parties; or (ii) use of your personal data for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. Please note your options below (see Sections 9 and 13) regarding how to exercise these rights.
1.8. Personal data may be disclosed or distributed to another party with which Perform Zone enters, or may enter, into a corporation transaction. If Perform Zone is acquired in a merger, acquisition, or sale of all or substantially all its assets, you will be notified via email, on our Site and/or by a notice on our Service of any change in the uses of your personal data, as well as any change in the choices you may have regarding your personal data. The disclosure of personal data to another party as set forth herein may involve the transfer of such personal data outside the state, province, country or other jurisdiction in which Perform Zone stores or otherwise processes personal data, subject to Perform Zone taking steps to provide that any such transfer is made only in compliance with applicable laws. In the unlikely event of a bankruptcy, insolvency or liquidation, the database containing personal data may be treated as an asset of Perform Zone and may be subject to transfer to a third party.
1.9. Customers are solely responsible for maintaining the confidentiality and security of their user credentials and passwords. Customers or Site visitors may opt-out of receiving sales, promotional or advertising emails from us by selecting the opt-out link located in the message body of all our electronic communications. Customers or Site visitors may also email support@performzone.com directly with a request to be removed from such communications.
1.10. We may also track and analyze information that doesn’t directly identify you as a person and aggregate usage and volume statistical information from our Site visitors, customers’ candidates and customers and provide such information in anonymized (or aggregated) form to third parties.
1.11. We are a service provider to our customers and have no direct relationship with the customer candidate or any individual whose personal data a customer processes. If you are a candidate or individual of one of our customers and would no longer like to be contacted by a person or entity that uses our Service, please contact the customer that you interact with directly. If you are a customer and would like to update your account, please contact us at support@performzone.com.
1.12 Marketing: Perform Zone may also ask Site visitors to provide certain information, such as email addresses to use and receive content from the Site. Perform Zone will provide Site visitors with the ability to opt-in or opt-out of future communications from the Company as required by applicable law. If you would like to discontinue receiving this information, you may update your email preferences by using the “Unsubscribe” link found in emails we send to you or at your member profile on our Site or by contacting us at support@performzone.com.
2. How We Use Cookies and Social Media Plug-ins
Cookies are used by Perform Zone and our partners, affiliates, or service providers. These technologies are used in analysing trends, administering the Site, remembering users’ settings (e.g. language preference), authentication when you visit the Site or use the Service, tracking users’ movements around the Site and to gather demographic or other information about our user base as a whole. We may review and analyse information collected from cookies on an individual, as well as aggregated basis.
3. Access to Personal Data Controlled by Perform Zone
Upon request and within 30 days, or as otherwise required by applicable law, Perform Zone will provide you with information about whether we hold, or process on behalf of a third party, any of your personal data. In addition, Perform Zone will take the steps required by the law to permit customers to correct, amend, delete, or receive a copy of their personal data or to transfer and to restrict the use of their personal data . To exercise any of these rights, please contact support@performzone.com. In accordance with customer agreements, Perform Zone will, upon request, provide our customers with a copy of their personal data stored by Perform Zone upon expiration or termination of the customer agreements, unless prohibited by applicable law.
4. Access to Personal Data Controlled by our Customers
Perform Zone acknowledges that you have the right to access your personal data and to withdraw consent to the use/processing of your personal data. You have the right to withdraw your consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the withdrawal. In most cases, Perform Zone has no direct relationship with the individuals whose personal data it processes for customers. We recommend that an individual who seeks access, or who seeks to correct, amend, delete or receive a copy of personal data should direct their query to the Perform Zone customer (the data controller).
If requested to remove data by our customer, we will respond within 30 days or as otherwise required by applicable law. Individuals may also submit such inquiries or requests directly to Perform Zone at no cost for them by contacting support@performzone.com.
5. Data Retention by Perform Zone
We will retain personal data for as long as a customer’s account is active or as needed to provide the Service to our customer, as required under customer agreements and/or for as long as Perform Zone needs the personal data to fulfill the purposes for which the personal data was initially collected, unless otherwise required by applicable law or court order. We will also retain this personal data as necessary to comply with our legal and/or contractual obligations, comply with court orders, resolve disputes, and enforce our agreements. When the purpose for which Perform Zone is processing the personal data is fulfilled, expires or is terminated, Perform Zone will delete (or render unusable) any personal data in accordance, as applicable, with our customer agreements, this Privacy Policy and applicable law. In the event we cannot delete your personal data or render it unusable, we will inform you of the reasons, subject to any legal restrictions.
6. Data Security
Perform Zone employs reasonable and appropriate security measures to protect against the loss, misuse, and unauthorized alteration of the personal data it processes. Perform Zone also implements an advanced security method based on dynamic data and encoded session identifications, and hosts the Service in a secure server environment that uses a firewall and other advanced technology to protect against interference or access from outside intruders. Finally, Perform Zone provides individual usernames and passwords that must be entered each time a customer logs on. You are responsible for keeping your credentials safe and must contact us or our relevant customer immediately if you believe they are compromised. These safeguards help protect against unauthorized access, maintain data accuracy, and provide for the appropriate use of personal data. Nevertheless, no method of transmission over the Internet, or method of electronic storage, is one hundred percent (100%) secure. Therefore, we cannot guarantee absolute security. If you have any questions about the security of our Service, please contact us at support@performzone.com.
7. Links to Third Party Sites
Our Service includes links to other websites whose privacy practices may differ from those on our Site. If you submit personal data to any of these sites, your information is governed by the applicable third-party’s privacy policies and we are not responsible for it. We therefore encourage you to carefully read any notices provided through a hyperlink and the privacy policy of any website you visit and raise questions directly with these other providers.
8. No Services for Minors
The Site is not directed to minors and we do not knowingly collect information from minors. By using the Site, you hereby represent that you are at least the age of legal majority in your place of residence. All information provided to us will be treated as if it was provided by an adult. We will use commercially reasonable efforts to delete information associated with a minor as soon as practicable if we learn that a minor has submitted information about themselves to us.
9. Opt-out of sale
Opt-out of Sale. We do not, at this time, sell your personal information or disclose your personal information to third parties for their direct marketing purposes. Accordingly, no opt out is necessary at this time. Although we currently do not sell your personal information, if you would still like to record your opt-out of sale, you may do so by emailing support@performzone.com. If we change this policy, we will update this Section and provide instructions on how you may make a request for details regarding the sale of your personal information. The categories of third parties with whom we may share your personal information are described in this Privacy Policy. See Sec. 1.6 above.
Opt-Out of Sharing for Cross-Context Behavioral or Targeted Advertising. As described above in Section 1, we may share your personal information with third-parties to show you advertising on other sites. You have the right to opt-out of sharing for cross-context behavioral or targeted advertising, and can do so by opting out of Targeting Cookies through emailing support@performzone.com
10. Severability
The invalidity or unenforceability of any provisions of this Privacy Policy in any country shall not affect the validity or enforceability of any other provision of this Privacy Policy, which shall remain in full force and effect.
11. Changes in this Privacy Policy
We may update this Privacy Policy to reflect changes to our privacy practices that will become effective upon posting. If we make material changes to this policy, we will notify you here, by email, or by means of a notice through the Service prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
12. Data Protection Officers/Privacy Policy Contact
Perform Zone has appointed Data Protection Officers, who are responsible for matters relating to data privacy and protection. The Data Protection Officers can be contacted by email at support@performzone.com
Any questions or complaints concerning Perform Zone’s Privacy Policy can be directed to: support@performzone.com