Last modified: 30/03/2021
Thank you for using CVCheck
Thank you for choosing www.cvcheck.com (the Website) to obtain checking and verification of the truth and accuracy of certain parts of your personal information (Services) or the sharing of that information (Sharing Services). The Services are provided by CV Check Ltd (ABN 25 111 728 842) of 355 Scarborough Beach Rd, Osborne Park, Western Australia and its subsidiaries, including CV Check (NZ) Ltd (NZBN: 9429033941639) of Level 6, 2-6 Crowhurst Street, Newmarket, Auckland, NZ (together CVCheck).
By using the Services, you are agreeing to these terms and conditions. Please read them carefully.
You are also agreeing that CVCheck may change these terms and conditions or change or upgrade the Services (Verification Services or Sharing Services) by advising you by email or providing notification on the Website.
PART 1 – VERIFICATION SERVICES
Request for Verification Services
CVCheck will not provide the Verification Services to you unless you have provided to CVCheck (through the Website):
- necessary proof of your identity (as stipulated by CVCheck on the Website, and which may include identification documents and biometrics);
- a request for Services; and
- any further information CVCheck may need to provide the requested Services.
If CVCheck requires further information from you to provide the Verification Services you request, CVCheck will ask you for it. You are responsible for supplying that further information and failure to supply it may result in the request being cancelled in accordance with CVCheck’s Cancellation and Exchange Policy. CVCheck has the right to cancel orders in certain other circumstances described in the Cancellation and Exchange Policy.
CVCheck may refuse to accept or execute any request if it has reasonable grounds for doing so.
By requesting the Verification Services, you are appointing CVCheck as your agent for the purposes of providing to, and obtaining from, any third party any information that is necessary in order to perform the Verification Services.
CVCheck will not perform a check on you unless CVCheck has received the appropriate agreement and consents to conduct the check, or confirmation from a Client that the Client has received the appropriate agreement and consent from you.
Provision of Verification Services
If CVCheck does not refuse your request, CVCheck will:
- perform the Services you requested (but if you have requested Verification Services that require checks outside Australia or New Zealand, CVCheck will provide those to the extent that it is reasonable and practicable to do so); and
- prepare a report for you (CVCheck Report), which will set out the results of the Verification Services requested.
Please note that CVCheck performs the Verification Services by making requests to individuals or organisations who supply information to CVCheck. If those third-party suppliers do not release requested information promptly, your request will be delayed. CVCheck is not responsible for that delay.
CVCheck may change, suspend, limit, restrict or discontinue any aspect of the Services at any time without notice or liability including the availability of and access to any part of any feature on the Website.
Payment and refunds
Each time you make a request for Verification Services, you must pay CVCheck by credit card or other method approved by CVCheck in accordance with the fees set out on the Website. If a particular third-party supplier seeks to charge an unusual fee for your requested Service, CVCheck will notify you of the fee and ask whether you wish to pay the fee or cancel your request.
Under the Australian Consumer Law (if you are in Australia) or the Consumer Guarantees Act (if you are in New Zealand), you are entitled to the right to ask for a replacement or refund in certain circumstances set out in the applicable legislation. In addition, CVCheck may, if it chooses, provide you with a voucher or credit note equivalent in value to a full or part refund in the circumstances described in the CVCheck Cancellation and Exchange Policy.
If any payment made by you to CVCheck under or relating to the Services constitutes consideration for a taxable supply for the purposes of GST or any similar tax, the amount to be paid for the supply will be increased so that the net amount retained by CVCheck after payment of that GST is the same as if CVCheck was not liable to pay GST in respect of that supply. This provision is subject to any other agreement regarding the payment of GST on specific supplies.
PART 2 –NATIONALLY COORDINATED CRIMINAL HISTORY CHECK
If you request a Nationally Coordinated Criminal History Check in Australia (also known as a National Police Check), you:
- acknowledge that CVCheck is collecting information from you to provide to the Australian Criminal Intelligence Commission (ACIC) and police agencies, for a nationally coordinated criminal history check to be conducted for the purpose you identify;
- will fully and accurately complete CVCheck’s application process, and confirm that the personal information you provide will relate to you, and contain the full name and all names previously used by you;
- acknowledge that withholding and/or providing misleading or false information in the application process and in any supplied identity documents is a Commonwealth offence and may lead to prosecution under the Criminal Code Act 1995 (Cth);
- acknowledge that personal information that you provide and on the supplied identity documents will be disclosed to CVCheck (including related bodies in Australia or overseas, if applicable);
- acknowledge that any information sent by mail or electronically, including identity documents, is sent at your risk and you are aware of the consequences of sending information in these ways;
- acknowledge that you are aware that you are providing consent for a national check to be conducted on all personal information provided in the application process and provided in suppled identity documents;
- understand and consent to police information relating to you being disclosed in accordance with the purpose described by you, applicable legislation and information release policies (including spent convictions legislation described in Australian Government and state or territory legislation);
- give consent to:
- the ACIC and police agencies using and disclosing your personal information that you provide and personal information contained in your supplied identity documents to conduct a nationally coordinated criminal history check;
- the ACIC disclosing the police information sourced from the police agencies to other approved bodies and CVCheck;
- CVCheck disclosing to any organisation with whom you have chosen to share your check result, your personal information and police information to assess your suitability for the purpose you identify;
- acknowledge that it is usual practice for your personal information and police information to be used by police agencies and the ACIC for law enforcement, including purposes set out in the Australian Crime Commission Act 2002 (Cth).
PART 3 - SHARING SERVICES
After CVCheck has prepared a CVCheck Report for you, CVCheck will:
- place the CVCheck Report in a secure location on the Website; and
- provide you and each person you nominate with a Website Password and/or a CVCheck Link™ to access those parts of the CVCheck Report that you wish to disclose to them. Website Password means a Username and User ID provided by CVCheck and password selected by you to access the Website. You can request more than one CVCheck Link™.
You control access to each CVCheck Link™
After CVCheck has placed the CVCheck Report on the Website, you are solely responsible for controlling access to the CVCheck Report and each CVCheck Link™ that you have requested. CVCheck will not be liable for any access provided or permitted by you to anyone (whether you did so intentionally or by accident) or for access through any unauthorised use of a CVCheck Link™. You may request, delete or edit a CVCheck Link™ at any time by going to your member’s page of the Website.
Retention and Deletion of Data
We will keep your information for as long as you are a customer of CVCheck, or pursuant to our legal or contractual obligations and only for as long as we need it. Factors that may influence for how long we may keep your data include:
- what check you requested
- fulfilling our legal or regulatory obligations
- internal research and analytics
- responding to a question or complaint, or
- being unable to delete the data for technical reasons.
For example, in order to comply with legal requirements, certain reports will be deleted from the CVCheck Report after relevantly prescribed time periods. For example, national police checks are required to be deleted after 12 months of receipt of the check.
Subject to CVCheck’s obligations to retain data for certain periods of time, in relation to data we hold for you some information:
- can be deleted when requested by you
- is deleted automatically after a period of time, or
- can only be anonymized.
Right to Erasure
Pursuant to EU General Data Protection Regulation (GDPR), if the regulation applies you can request that their data be deleted if it is no longer necessary for the purpose that it was collected, or there is no ‘compelling’ reason for its continued processing. You can also demand that your data is erased if you have withdrawn your consent for your data to be collected, or object to the way it is being processed.
The right to erasure does not provide an absolute ‘right to be forgotten’. Individuals have a right to have personal data erased and to prevent processing in specific circumstances:
- Where the personal data is no longer necessary in relation to the purpose for which it was originally collected/processed.
- When the individual withdraws consent.
- When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing.
- The personal data was unlawfully processed (in breach of the GDPR).
- The personal data has to be erased in order to comply with a legal obligation.
PART 4 - RESULTS NOT SHARED WITH YOU
A psychometric test assessing your suitability for a particular role can only be ordered by a corporate client and the result will only be provided to the corporate client.
If you agree to participate in a psychometric test through CVCheck, you agree to provide your personal information to identify yourself as the subject of the test and to provide your responses to the test provider’s questions through the CVCheck platform. You agree to CVCheck providing the relevant CVCheck Report, comprising test results calculated and collated by the test-provider, together with the opinion of the test provider, to the corporate entity that ordered the test and not to you.
References provided on a confidential basis
If a reference is sought and provided on the basis that it is made in confidence to the prospective employer, CVCheck will respect that confidence. In that instance, you agree to CVCheck providing the relevant CVCheck Report, comprising the reference provided by your chosen referee, to your prospective employer, and not to you.
PART 5 - GENERAL
Marketing offers and privacy
Unless you choose not to let CVCheck do so, CVCheck may use your details to tell you about special offers and new products and services. If at any time you want to unsubscribe from receiving direct marketing messages or you want to change your contact preferences, you can email your request to [email protected].
In order to provide the Services to you, your personal information may be exchanged between companies within CVCheck or CVCheck may disclose your personal information to its contractors, some of whom may be overseas. In order to provide the Services to you, it will be necessary to disclose your personal information to a third party capable of verifying your information who may also be overseas. It is a condition of ordering the Services that you consent to these disclosures.
CVCheck will take all reasonable steps to protect your personal information from misuse and loss and from unauthorised access, modification or disclosure. CVCheck will protect the security of personal information and has strict security measures maintaining physical, computer and communications security and unauthorised access to its premises, its computer network and its communications. Other than you, people you nominate and third parties who will be asked to verify your information, only authorised staff and contractors of CVCheck will be provided access to your personal information.
Access to other websites
Warranties and release
While all reasonable care is taken, CVCheck does not warrant nor accept responsibility for the accuracy of the information provided to it by third parties; nor for any delay by any third-party in providing information requested by CVCheck.
You agree to release CVCheck, its directors, employees, officers, contractors and overseas agents from any claims, losses, liabilities and damages caused by, contributed to, or arising out of:
- any incorrect, inaccurate, incomplete or defective information you provide to CVCheck;
- any delays or failure to provide information (including in any CVCheck Report) caused or contributed to by you;
- you carrying out or failing to carry out your obligations under these terms and conditions.
CVCheck will not be liable or responsible for the use of any information accessed from a CVCheck Report or through any use of a CVCheck Link™ by you or anybody else.
You agree that you will not allow any competitor of CVCheck to copy anything from the CVCheck Report and you will not make a copy of the CVCheck Report to give to any of CVCheck’s competitors.
You agree to CVCheck:
- holding your personal information obtained as part of the checks you order, including but not limited to details of your qualifications, professional and other memberships, employment, employment and personal references; litigation; bankruptcies; business interests; criminal history; investigations by financial regulatory bodies; work entitlement; workers compensation claims; traffic records; listings on national and international sanctions, money laundering, terrorist financing, internationally wanted criminal or politically exposed persons lists;
- checking and verifying that your information is correct;
- providing your CVCheck Report containing your information to those people you give access to (unless such access is revoked by you, either by deactivating access via CVCheck’s website or by writing to CVCheck);
- letting CVCheck’s contractors and overseas agencies access your information when required by CVCheck for the purposes of providing, reviewing, auditing, analysing or improving the Services; and
- retaining and storing your CVCheck Report containing your information (unless you revoke consent by writing to CVCheck). Please note that in order to comply with legal requirements, certain records (such as Australian criminal history information) will be deleted after prescribed time periods imposed by the source of that information.
About these terms and conditions
These terms and conditions are governed by and construed under the law in the State of Western Australia. You and CVCheck each irrevocably and unconditionally submit to the non-exclusive jurisdiction of any court in Western Australia.
A failure by you or CVCheck to exercise any right under these terms and conditions does not prevent any other or further exercise of that or any other right.
The rights under these terms and conditions are cumulative and not exclusive of any rights provided by law.
If any particular term or condition is unenforceable for any reason, that will not affect any other.