1. Who we are
Nonstop Talent Limited, trading as Nonstop Talent, is a New Zealand technology recruitment business. In this Privacy Policy, “Nonstop Talent”, “we”, “us” and “our” mean Nonstop Talent Limited.
Our registered business address is Level 8, 139 Quay Street, Auckland 1010, New Zealand.
Our Privacy Officer is Jessica Dong. Privacy questions and requests may be sent to jessica@nonstoptalent.co.nz.
2. Scope of this policy
This policy explains how we collect, hold, use and disclose personal information in connection with our recruitment, contractor, executive search, client advisory, trusted-introduction, newsletter, website and business-development activities. This policy is made under and should be read alongside the Privacy Act 2020 (New Zealand) and any other applicable legislation.
It applies to candidates, contractors, referees, client and prospective-client contacts, trusted referrers, referred people, suppliers, website visitors, newsletter subscribers and other people whose information we handle.
A specific engagement, form or service may contain an additional privacy notice. That notice forms part of this policy for the relevant activity. If there is an inconsistency, the more specific notice applies to that activity.
3. Personal information we may collect
The information we collect depends on the relationship and may include:
- identity and contact details, including name, email, telephone number, address and professional profile links;
- employment and professional information, including curriculum vitae, work history, qualifications, skills, remuneration expectations, availability, work rights and preferred working arrangements;
- recruitment information, including applications, interview notes, assessment results, references, background-check information, offer information and placement outcomes;
- contractor administration information, including company details, NZBN or overseas business number, tax and GST status, bank details, insurance information, contracts, timesheets, approved hours and invoices;
- client and prospective-client information, including role requirements, organisation details, hiring priorities, meeting notes, commercial correspondence and service history;
- trusted-introduction information, including the referrer’s details, the referred person’s name, role and organisation, permission and conflict declarations, referral status, reward milestones and payment information;
- website and communications information, including form submissions, newsletter preferences, correspondence, IP address, device and browser information, cookie data, page interactions and campaign information; and
- information reasonably required to meet legal, tax, accounting, fraud-prevention, security, sanctions, insurance or compliance obligations.
Please do not provide sensitive, private or irrelevant information unless we specifically request it and you are authorised to provide it. If we receive sensitive information we did not request and do not require, we will take reasonable steps to delete or return it and will not use it for any purpose.
4. How we collect information
We may collect personal information directly from you when you contact us, apply for a role, provide a CV, complete a form, subscribe, attend a meeting, enter into an agreement, provide a reference, submit a timesheet or otherwise deal with us.
We may also collect information indirectly from sources such as:
- referrers, referees, clients, candidates, contractors and people authorised to act for you;
- public professional sources, including company websites, professional directories, LinkedIn and other job or professional platforms;
- job boards, recruitment databases and service providers that lawfully make information available to us;
- background, qualification, right-to-work or identity-check providers where checks are relevant and authorised;
- our technology, hosting, analytics, security and communications providers; and
- public registers and records where collection is lawful and relevant.
Where we collect personal information about you from someone else, we will take reasonable steps to notify you as soon as reasonably practicable, unless an exception applies or you have already been made aware. Our notice may explain the fact and source of collection, why we collected the information, who may receive it, who holds it, and your rights of access and correction.
Where we collect personal information directly from you, we will tell you whether providing it is voluntary or required and what happens if you choose not to provide it. We may be unable to assess your application, process your introduction or provide our services if required information is not provided.
5. Why we use personal information
We may use personal information where reasonably necessary to:
- assess suitability, availability and interest for employment or contracting opportunities;
- identify, approach and communicate with candidates and contractors about relevant roles;
- present a candidate or contractor to a client only where we have an appropriate authority or lawful basis to do so;
- obtain and provide references, conduct authorised checks and support interview, offer, onboarding and placement processes;
- manage contractor assignments, timesheets, client approvals, invoices, payments, insurance and compliance;
- understand client hiring or delivery needs, provide recruitment services and manage commercial relationships;
- assess and administer trusted introductions and referral rewards, including permission, conflicts, eligibility, milestones and payments;
- respond to enquiries, arrange meetings, provide requested information and manage complaints or disputes;
- operate, secure, improve and measure our website, forms, newsletter, systems and services;
- send service communications and, where permitted, relevant business or marketing communications;
- prevent fraud, misuse, unauthorised access, duplicate claims and other security or compliance risks;
- meet legal, regulatory, tax, accounting, insurance and recordkeeping obligations; and
- establish, exercise or defend legal rights.
We will not use recruitment information for an unrelated purpose unless you authorise that use or the law permits it.
6. Candidate information and client disclosure
We treat candidate and contractor information as confidential. We will ordinarily discuss an opportunity with you and obtain your authority before sending your identifiable profile, CV or other substantive information to a client.
We may use limited, non-identifying information to discuss market availability or test whether a client has a genuine requirement, provided the information does not reasonably identify you.
Clients receiving candidate or contractor information are expected to use it only for the relevant recruitment or engagement process, protect it appropriately and avoid unauthorised onward disclosure.
Please tell us if there are organisations to which you do not want your information sent.
7. Trusted introductions
A trusted referrer should provide only the information reasonably necessary to explain the business introduction. The referrer must have authority to share any personal information provided.
We will not contact a referred person merely because their name has been supplied where the selected introduction method requires the referrer to make the introduction first or seek permission.
A trusted introduction does not authorise unrelated marketing. We will not add the referred person to an unrelated newsletter or campaign solely because of the referral.
Where we receive information indirectly through a trusted introduction, we will take reasonable steps to provide the referred person with the information required by law as soon as reasonably practicable, unless an exception applies.
8. Marketing and newsletters
We may send you commercial electronic messages where you have consented, where consent can lawfully be inferred, or where another legal basis permits the communication.
Our messages will identify the sender and provide a functional way to unsubscribe. You may unsubscribe at any time. We will action valid unsubscribe requests as required by law, although we may still send necessary service, contractual, safety or legal communications.
We do not use address-harvesting software or knowingly use unlawfully harvested address lists.
9. Cookies and website information
Our website may use cookies and similar technologies to operate forms and security features, remember preferences, understand website use and measure communications or campaigns.
Some cookies are necessary for the website to function. Analytics or marketing technologies will be used only in accordance with applicable law and the settings made available on the website. Consent controls are available via the cookie banner displayed on your first visit to our website.
You can control cookies through your browser and any consent controls we provide. Blocking some cookies may affect website functionality.
Third-party websites and platforms linked from our site have their own privacy practices. We are not responsible for those practices.
10. When we disclose information
We may disclose personal information where reasonably necessary to:
- clients and prospective clients involved in a recruitment, contractor or executive-search process;
- candidates, contractors, referees and other participants where disclosure is necessary for the relevant process;
- technology, hosting, storage, communications, newsletter, scheduling, form, analytics, accounting, payment, legal, insurance and professional service providers;
- background-check, identity, qualification, right-to-work or compliance providers where relevant and authorised;
- regulators, courts, tribunals, law-enforcement agencies or other persons where required or permitted by law;
- a purchaser, investor or adviser involved in a proposed sale, restructure or transfer of all or part of our business, subject to appropriate confidentiality; or
- another person where you authorise the disclosure.
We do not sell personal information.
11. Overseas service providers and disclosure
Some service providers we use may store, process or support information outside New Zealand. These may include providers of cloud hosting, email, document storage, scheduling, website forms, newsletters, professional networking, analytics, accounting and security services.
Where personal information is disclosed to an overseas person or organisation, we will take reasonable steps to ensure the disclosure is permitted under New Zealand law. Depending on the circumstances, this may include using contractual safeguards, assessing comparable privacy protections, relying on an applicable legal exception, or obtaining informed authorisation.
Use of an overseas cloud provider that processes information on our behalf may not always constitute a disclosure under the Privacy Act, but we remain responsible for selecting and managing providers appropriately.
Where personal information is disclosed to an overseas recipient, we take reasonable steps to confirm the recipient is subject to comparable privacy safeguards, obtain your authorisation, or rely on a permitted exception under IPP 12 of the Privacy Act 2020.
12. Storage and security
We use reasonable administrative, technical and physical safeguards designed to protect personal information against loss, misuse, unauthorised access, modification, disclosure and other misuse.
Measures may include access controls, account security, multi-factor authentication where available, secure cloud services, restricted sharing, backups, device security, supplier controls and procedures for handling privacy incidents.
No internet transmission or storage method is completely secure. You should use care when sending sensitive information and tell us promptly if you believe information has been sent to the wrong person or an account has been compromised.
13. Retention and deletion
We keep personal information only for as long as it is reasonably required for the purpose for which it was collected, an authorised related purpose, or a legal, accounting, tax, dispute, security or recordkeeping requirement.
Our usual approach is:
- unsuccessful candidate information is deleted or de-identified after the relevant recruitment process unless the candidate agrees that we may retain it for future suitable opportunities;
- candidate and contractor records retained for future opportunities are reviewed periodically and removed when no longer reasonably useful or when consent or authority is withdrawn, subject to legal requirements;
- placement, contractor, client, invoice, payment and tax records may be retained for at least seven years or any longer period required by law or a live dispute;
- trusted-introduction and reward records may be retained through the applicable assessment, activation, reward and longstop periods and then for any necessary legal, tax, accounting or duplicate-prevention period;
- newsletter records may be retained while a subscription remains active and afterwards as necessary to maintain an unsubscribe record; and
- website enquiries and routine business correspondence are retained only as long as reasonably necessary for the enquiry, relationship, security, dispute or recordkeeping purpose.
We may retain a limited suppression, audit or duplicate-prevention record after deleting other information.
14. Access and correction
You may ask whether we hold personal information about you and request access to or correction of that information. Please contact our Privacy Officer at jessica@nonstoptalent.co.nz.
We may ask you to verify your identity and clarify your request. We will respond within 20 working days, as required by the Privacy Act 2020, unless an extension applies. In limited circumstances, the Privacy Act permits or requires us to withhold information, refuse a request or impose conditions. If we do not make a requested correction, you may ask us to attach a statement of correction to the information.
15. Privacy breaches
If a privacy breach has caused or is likely to cause serious harm, we will notify the Office of the Privacy Commissioner and affected individuals as soon as practicable, unless a lawful exception applies. We assess whether a breach meets this threshold in accordance with section 113 of the Privacy Act 2020.
We will take reasonable steps to contain, assess, remediate and prevent recurrence of a privacy breach.
16. Complaints
Please raise any privacy concern with our Privacy Officer first so we can investigate and respond.
If you are not satisfied, you may complain to the Office of the Privacy Commissioner in New Zealand through privacy.org.nz.
17. Changes to this policy
We may update this policy to reflect changes to law, technology, providers or our business practices. The current policy will be published on our website with its effective date.
A material change will apply prospectively unless the law permits or requires otherwise.