Law Enforcement Requests
Law Enforcement Requests
LiveHire’s policy on responding to law enforcement or public authority requests for Personal Data
LiveHire is a cloud-based human resources Platform for sourcing, recruitment, productivity and internal mobility. LiveHire is a publicly listed company based in Australia and operates internationally.
LiveHire respects and complies with all laws that apply to our business in each jurisdiction where we operate. We also respect the rights and freedoms of individuals enshrined in applicable laws. LiveHire will carefully review all law enforcement or public authority requests or demands for Personal Data, including from foreign government agencies, received in accordance with the terms of a Mutual Legal Assistance Treaty (MLAT). LiveHire will only provide Personal Data to a law enforcement or a public authority, where we are legally required to do so in response to a request or demand in the form of a subpoena, court order or warrant; or otherwise, acting consistent with applicable laws, we reasonably believe that there is an emergency involving imminent risk of serious harm occurring to any person.
Member Data and Users
Where LiveHire is deemed the Data Controller of Personal Data in any Member Data, or the Personal Data of Users, LiveHire will strictly construe all requests or demands for such Personal Data from a law enforcement or a public authority; and will seek to limit or object to such requests or demands for the bulk surveillance of Members or Users – including by use of any legal mechanism available, such as by application for administrative review, or by application to a court of competent jurisdiction.
Company Data
Where LiveHire is deemed the Data Processor of Personal Data contained in Company Data of our Client, LiveHire will make commercially reasonable efforts to resist any demand or notice of a law enforcement or public authority for access to such Personal Data; or any bulk surveillance of such Personal Data, including but not limited to requests issued pursuant to section 702 of the United States Foreign Intelligence Surveillance Act (FISA).
Where LiveHire is deemed the Data Processor of Personal Data in Company Data, LiveHire: (a) shall inform the relevant law enforcement or public authority, that the Client Controller of the Personal Data has not authorised LiveHire to disclose such Personal Data and that all requests or demands should be notified to the Controller directly in writing; and (b) shall use commercially reasonable efforts, to challenge any such request or demand, including by use of any legal mechanism available, such as by application for administrative review, or by application to a court of competent jurisdiction.
LiveHire will notify a Client Controller of such requests or demands for their Company Data, as soon as reasonably practicable, to provide the Client with an opportunity to object to the disclosure, unless prohibited by applicable law.
LiveHire reserves the right to seek reimbursement for costs associated with a request or demand, or associated court proceedings. This policy does not create any obligations or waive any potential objection, concerning how LiveHire may respond to a particular request or demand. The operation of this policy in respect of Company Data, may be expressly excluded and replaced by the terms of a Data Processing Agreement between LiveHire and the relevant Client.
Additional Information
General Data Protection Regulation Statement
EU-US and Swiss-US Privacy Shield Frameworks
Contact
All law enforcement or public agency requests or demands; or notices, court orders, subpoenas or warrants relating to Personal Data, can be submitted to:
Australia & New Zealand
LiveHire Limited
Att: General Counsel
Level 10, 461 Bourke Street
Melbourne VIC 3000 AUSTRALIA
By email: legal@livehire.com
United States & Canada
LiveHire Limited
Att: General Counsel
40 SW 13th Street, Suite 1003
Miami Florida 3310 UNITED STATES
By email: legal@livehire.com
United Kingdom
LiveHire Limited
Att: General Counsel
20-22 Wenlock Road
London N1 7GU UNITED KINGDOM
By email: legal@livehire.com
Europe
LiveHire Limited
Att: General Counsel
69 Esker Woods Drive, Lucan
Co. Dublin IRELAND
By email: legal@livehire.com
Definitions
Capitalised terms not defined in this policy have the meaning as defined in the Terms of Service for Users, General Terms for Clients and our Privacy Policy
Client means an entity, organisation or individual which has a commercial arrangement with LiveHire which permits them to use our Services, Solution and/or Platform, primarily to search for, contact or otherwise engage with Members and candidates for recruitment and talent pooling purposes.
Company means the Client specified in the Specific Terms and Conditions, or a non-standard agreement with LiveHire.
Company Data means, with respect to a Company, data that is entered into the Solution or Platform by or on behalf of the Company or its Authorized Users, where that data is specific to the Company’s Talent Community, excluding Member Data and LiveHire Data. Company Data includes communications between the Company, its Authorized Users and Members, details of job applications and interviews of the Member with the Company and any documentation and notes attached to the Member’s profile by the Company or its Authorized Users in relation to the Member (e.g. interview and feedback notes, assessment results, ratings, highlights, actions), temporary profiles, closed applications via Seek and any information contained in the sections currently titled “activity” and “applications” appended to a Member’s profile in the Company’s Talent Community.
EU GDPR means the General Data Protection Regulation (EU) 2016/679 as implemented in each member state of the European Union (EU) and the European Economic Area (EEA) excluding Switzerland.
EU Individual means an individual who is either based in or a resident of the European Union.
Member means a User who registers with the Platform as a candidate and uses the Platform and/or the Services primarily to search for, contact or otherwise engage with Clients or other Users for their own purposes.
Member Data means, with respect to a Talent Community Member, data entered into or confirmed within the Solution or Platform by or on behalf of the Member, and otherwise specific to, that Member, including the Member’s profile summary, photography, name, contact details, latest curriculum vitae and attachments and data derived from this document, nationality, citizenship, right to work, gender, age, notice period, availability, job searching status, preferences for salary, contract, hours and location, work history, education and qualifications, skills, achievements and awards, languages, references and referees, social links, specialities, connections and other information about the Member.
Personal Data means any information regulated by the UK GDPR or EU GDPR and concerning either a UK Individual or EU Individual, which is capable of identifying a natural person, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to their, his or her physical, physiological, mental, economic, cultural or social identity. Data is considered personal when it enables anyone to link information to a specific person, even if the person or entity holding that data cannot make that link.
Platform means the LiveHire website and all associated software, apps, files, emails, SMS, pictures, data, hardware, technology, business systems and processes and other resources.
Talent Community means the community that forms when a Client connect with Members via the Platform.
UK GDPR means the General Data Protection Regulation (EU) 2016/679 as implemented in the United Kingdom by the Data Protection Act 2018.
User means a person whose name is specified during an online registration process to create an Account on the Platform in the name of that Person, whether that Person then uses the Platform as a Member, or on some other basis; or as an Authorized User on behalf of, a Client or Service Provider, or on some other basis.