Privacy Policy and Terms & Conditions
1.0 Introduction
Progressional Pty Ltd (ACN 679 534 331) (Progressional, we, us or our) is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles (APPs).
This policy outlines how and when we collect, use, share and store your personal information and applies to all personal information we collect through our services and this website (Site).
By accessing or using any of our services, you indicate that you:
(a) Have read and understood this policy;
(b) Agree that your access to, or use of, any of our services indicates your consent to this policy.
If you have any questions about this policy, you can contact us via our Privacy Officer at conce@progressional.com.au or (03) 8672 7800.
2.0 Collection of personal information
(a) Personal information is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information is true or recorded in a material form.
(b) We collect and use personal information from clients, authorised users or visitors of the Site, staff (actual or prospective), purchasers of our services, referrers, and any other individual who interacts with us.
(c) When we collect personal information directly from you, we:
(i) will take reasonable steps to notify you at, before, or as soon as practicable after, the time of collection;
(ii) check that it is reasonably necessary for our functions or activities as an outplacement and executive coaching organisation;
(iii) check that it is current, complete and accurate. This will sometimes mean that we have to cross-check the information that we collect from you with third parties;
(iv) record and hold your information in our information record system;
(v) retrieve your information when we need to use or disclose it for our functions and activities;
(vi) permit you to access your personal information in accordance with APP:12 of the APPs, subject to some exceptions;
(vii) correct or attach associated statements to your personal information in accordance with APP:13 of the APPs;
(viii) destroy or de-identify your personal information when it is no longer needed for any purpose for which it may be used or disclosed, provided that it is lawful for us to do so. We do not destroy or de-identify information that is contained in a Commonwealth Record.
(d) By providing your personal information to us, you acknowledge that you are authorised to provide such information to us.
3.0 Kinds of information that we collect and hold
We collect and hold personal information that is reasonably necessary for the proper performance of our functions and activities as an outplacement and executive coaching organisation. This information may vary depending on whether you are a:
Client: an individual engaged in outplacement services, executive coaching or related services; or
Customer: an organisation engaging us to provide outplacement services for employees facing redundancy or to offer coaching services for existing employees and personnel.
3.1 For Clients
If you are a Client, we will collect and hold personal information including:
(a) your name, date of birth, address, phone number, email address and occupation;
(b) any information from your past or current employment tenure, including details
from an employer about a redundancy or organisational restructure you may have been involved in;
(c) your resume;
(d) registration paperwork;
(e) information recorded when you attend our office for meetings/sessions, or during
telephone or video discussion with us;
(f) results of any survey, activity, competency, skills or personality-based assessments;
(g) any information about a workplace accident in which you were involved;
(h) any information about an insurance investigation, litigation, registration or professional professional disciplinary matter, criminal matter, inquest or inquiry you are involved in;
(i) feedback on the quality of services you received from Progressional; and
(j) any additional information about yourself that you provide to us (eg through the online enquiry form you complete on our Site or registering yourself as a Site user).
3.2 For Customers
If you are a Customer, we will collect and hold personal information regarding:
(a) the Customer including its structure/restructure, values and contact details;
(b) the Customer’s outplacement process and needs;
(c) the services you require from us;
(d) the Customer’s employees or other personnel;
(e) feedback on the quality of services you received from Progressional; and
(f) any additional information provided to us by the Customer.
4.0 How we use your personal information
We only use and disclose your personal information for the purposes for which it is collected and any other purposes permitted by law.
4.1 For Clients
(a) Information that we collect, hold, use and disclose about Clients is typically used for:
(i) supporting and enabling the provision of outplacement services;
(ii) supporting and enabling the provision of coaching services;
(iii) answering your enquiries;
(iv) defining and creating services and programs to meet specific needs;
(v) keeping you informed of new developments that may be of interest to you;
(vi) statistical purposes and statutory compliance requirements;
(vii) communicating and marketing our services, advising you of news and industry updates, events, promotions, resources and other information. Where we do so, you will be able to unsubscribe from such communications.
(viii) psychometric evaluations or skills tests; and
(ix) assessing the quality of the services provided by Progressional.
(b) Progressional may also seek your consent to collect, hold, use and disclose your personal information for any other purpose not listed above. Where practical and appropriate we will always provide anonymity. However, there will be situations that this is not practicable and under these conditions we will advise you of the disclosure and seek your permission.
(c) If you do not give us the information we seek, we may be limited in our ability to:
(i) support your growth and development (career and otherwise); and
(ii) provide you with our services.
4.2 For Customers
(a) Information that we collect, hold, use and disclose about Customers is typically used for:
(i) relationship development, management and to assist with the delivery of services;
(ii) the provision of outplacement and coaching services for your employees or those employees you have made redundant;
(iii) assessing the quality of the services provided to you by Progressional;
(iv) the development of and provision of marketing services to you and similar organisations; and
(v) statistical purposes and statutory compliance requirements.
(b) Progressional may also seek your consent to collect, hold, use and disclose your organisational information for any other purpose not listed above.
(c) If you do not give us the information we seek, we may be limited in our ability to:
(i) provide you with our services; and
(ii) support the growth and development of the individuals you have nominated to receive our services (career and otherwise).
5.0 Direct marketing
(a) We may use your personal information to send you information, including about our service offerings, where you have provided your consent (expressly or impliedly) for us to do so, or we are permitted to do so by law.
(b) Progressional will advise you of news and industry updates, events, promotions, reports, resources and other information via email, SMS, telephone, social media or by customising online content and displaying advertising on our Site. These communications may continue, even after you stop using our services.
(c) You can unsubscribe from receiving such communications by contacting the Privacy Officer (see clause 1(d)).
(d) No information will be provided to a third party for marketing purposes. Progressional does not obtain customer lists from third parties for marketing purposes.
6.0 Electronic transactions and links to other sites from our Site
6.1 Electronic transactions
(a) You can visit our Site and browse without the need to disclose any personal information. However, we may collect information when you visit our Site including cookies, beacons, tags, scripts and similar technologies.
(b) The type of information we collect may include the date and time (including time zone) of your visit, your server/IP address, which page was visited and the information that was viewed and/or downloaded.
(c) It is important that you understand that there are risks associated with the use of the Internet and you should take all appropriate steps to protect your personal information. Information and resources about internet communications and other technologies can be accessed on the Office of the Australian Information Commissioner’s (OAIC) website at www.oaic.gov.au.
6.2 Links to other sites from our Site
(a) External sites that are linked to or from our Site are not under our control, and we do not endorse any of these third parties, their products of services, or the content on their websites.
(b) You should note there are inherent risks associated with the transmission of information via the Internet and you should, therefore, make your own assessment of the potential risk to the security of your information, and make your own enquiries about their privacy practices.
(c) You can contact our Privacy Officer (see clause 1(d)) if you have any concerns.
7.0 How your personal information is held
Personal information is held in our information record system until it is no longer needed for any purpose for which it may be used or disclosed at which time it will be de-identified or destroyed, provided that it is lawful for us to do so. We take reasonable steps to protect your personal information from:
(a) misuse, interference and loss; and
(b) unauthorised access, modification or disclosure.
7.1 Our information record system
(a) Your personal information is securely stored and accessed through the Microsoft 365 environment by our employees and coaches, each using password-protected, named accounts secured with Multifactor Authentication. To further protect your information, we back up data daily via a secure third-party application powered by N-able. N-able adheres to the ISO 27001 framework.
(b) All data resides on servers located on the Eastern Seaboard of Australia and is retained for 7 years. In addition, we use Zoho as our Customer Relationship Management platform, where the majority of personally identifiable customer information is stored.
7.2 Information security
(a) There are a number of measures used to keep your information secure, including:
(i) storing personal information in secured offices on a computerised database that requires a login and password for access;
(ii) restricting access to our database to authorised personnel only;
(iii) binding our employees and third-party suppliers to confidentiality agreements;
(iv) accompanying visitors to our premises with a member of staff for the duration of their visit;
(v) changing passwords frequently;
(vi) disposing and shredding of hard copy information; and
(vii) enforcing a mandatory password policy for laptops, mobile phones and portable storage devices.
(b) The transmission of information via the internet is not completely secure. While we do our best to protect your personal information, we cannot guarantee the security of any personal information transmitted through the Site.
(c) You provide your personal information to us at your own risk and, to the extent permitted by law, we are not responsible for any unauthorised access to, and disclosure of, your personal information.
8.0 Disclosures
(a) We may disclose your personal information for any of the purposes for which it is primarily held or for a lawful related purpose. We may disclose your personal information if required by law.
(b) Career coaching is not therapy, counselling, nor a substitute for professional mental health or medical services. However, in accordance with APP: 6 where, if during the course of our coaching or provision of services we form a reasonable basis of belief that your wellbeing is at serious risk or we hold a concern that you may be in danger or at risk of self-harm, or harming others, we may disclose your personal information.
(c) We may provide your personal information to:
(i) our employees, related entities, business partners, contractors, suppliers and agents from time to time for the purpose of delivering, providing and administering our services or Site within Progressional;
(ii) our customers;
(iii) an individual who may be able to support you;
(iv) a health care provider who may be able to support you; and
(v) third party service providers including:
(A) software solutions providers;
(B) CRM platform providers;
(C) IT contractors and database designers and internet service suppliers;
(D) legal and other professional advisors;
(E) insurance brokers, loss assessors and underwriters;
(F) superannuation fund managers;
(G) background checking and screening agents;
(H) administration facilitators; and
(I) associate career coaches
(collectively, Authorised Affiliates).
(d) Authorised Affiliates will access and use your personal information solely for the purposes of providing our services and carrying out functions on our behalf.
(e) We take reasonable steps to ensure that our Authorised Affiliates recognise the importance of protecting the privacy of your personal information.
9.0 Cross-border disclosures
(a) At Progressional, we ensure that all data is handled in compliance with local and international regulations concerning cross-border data transfers. Before we disclose your personal information overseas, we will take reasonable steps to ensure that our overseas Authorised Affiliate treats your personal information securely and complies with the Privacy Act, the relevant APPs and this policy
(b) Operational data is stored in Microsoft’s Australian data centres, reducing the risk of cross-border transfers. N-able Cove Data Protection backs up this data daily, with Australian-based data centres ensuring local data residency. When necessary, cross-border data transfers are conducted under strict compliance with global data protection standards, such as ISO 27001.
(c) Our Customer Relationship Management platform, Zoho, complies with international data security standards, which can be reviewed here.
(d) For additional security, we recommend following Zoho’s best practices for account security, available here.
(e) For CRM data, Zoho also stores Australian customer information in local data
centres. Where cross-border data transfers occur, Zoho ensures they comply with the privacy policies in their own country and which adhere to international regulations, ensuring that personal information remains protected. For more details on data residency and compliance, refer to the following:
(ii) N-able Cove Data Residency; and
(iii) Zoho Data Residency.
By accessing or using our services or Site, or providing your personal information to us, you explicitly and freely consent to the transfer of your personal information to our overseas Authorised Affiliates.
10.0 Access and correction
(a) Subject to some exceptions contemplated by privacy laws, you can gain access to your personal information that we hold.
(b) Important exclusions include evaluative opinion material and information obtained about clients and customers relative to organisation restructuring and outplacement processes. In addition, we may obtain evaluative information from businesses to support the executive coaching process and outcomes. In many cases such evaluative material will be collected under obligations of confidentiality that the person who gave us that information is entitled to expect will be observed. We do refuse access if it would breach confidentiality.
(c) We aim to acknowledge, access and action correction requests as soon as possible and commit to resolve all complaints no later than 30 days. However, there may be instances where this is not possible due to the nature of the complaint. In such circumstances, we will respond to your complaint in a reasonable and practical time.
(d) If you wish to obtain access to your personal information you should contact our Privacy Officer (see clause 1(d)). You will need to be able to verify your identity.
11.0 Correction policy
(a) If you find that personal information that we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to correct it by contacting us.
(b) We will take such steps as are reasonable in the circumstances to correct that information to ensure that, having regard to the purpose for which it is held, the information is accurate, up to date, complete, relevant and not misleading.
(c) If we have disclosed personal information about you that is inaccurate, out of date, incomplete, irrelevant or misleading, you can ask us to notify the third parties to whom we made the disclosure and we will take such steps (if any) as are reasonable in the circumstances to give that notification unless it is impracticable or unlawful to do so.
(d) You may also request that Progressional stops using your information and contacting you and we will comply with your request. However, if this involves a request for deletion of your file, please be aware that we may not be required or able to do so, particularly where your file also holds information about Clients or Customers or where such information is stored electronically pursuant to an existing routine back-up.
12.0 Changes to this policy
(a) We may change this policy from time to time at our discretion.
(b) Any revised policy will be posted on our Site and will be effective from the time of posting.
(c) Your continued use of our services or the Site following the posting of any revised policy indicates your acceptance of the changes to this policy.
(d) You should regularly check and read this policy.
13.0 Complaints
13.1 Complaints contact
If you have any issues about this policy or the way we handle your personal information, please contact our Privacy Officer (see clause 1(d)).
13.2 Complaints procedure
(a) Progressional will investigate and manage your complaint in accordance with our complaint handling process.
(b) To initiate a complaint, it must be submitted in writing directly to Progressional. We will work to resolve the complaint through this process. If required, you may escalate the matter to a recognised external dispute resolution scheme or third party (if applicable), and ultimately to the OAIC.
(c) We assure you that all privacy complaints will be taken seriously, addressed promptly, handled confidentially and will not impact your existing obligations or commercial agreements with us.
Terms and Conditions
These terms and conditions (the “Terms and Conditions”) govern the use of progressional.com.au (the “Site”). This Site is owned and operated by Progressional Pty Ltd. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
1.0 Intellectual Property
All content published and made available on our Site is the property of Progressional Pty Ltd and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
2.0 Links to Other Websites
Our Site may contain links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.
3.0 Limitation of Liability
Progressional Pty Ltd and our directors, coaches, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
4.0 Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Progressional Pty Ltd and our directors, coaches, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
5.0 Applicable Law
These Terms and Conditions are governed by the laws of the State of Victoria.
6.0 Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
7.0 Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
8.0 Contact Details
Please contact Conce Ferraro at conce@progressional.com.au or +61 03 8672 7800 if you have any questions or concerns.
Last updated: November 2024
Conce Ferraro: COO, Progressional
