Privacy Policy

1. About this policy

Vpply Pty Limited (ABN 47 636 491 588) ("Vpply", "we", "us" or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, hold, use and disclose personal information in accordance with the Privacy Act 1988 (Cth) ("Privacy Act") and the Australian Privacy Principles ("APPs").

It applies to personal information we handle through our website at vpply.com and its sub-domains ("Website"), our video screening platform and related services ("Services"), and our business operations generally.

Our Services are used by: (a) employers, recruiters and their representatives ("Customers"); and (b) job seekers and candidates who apply for roles or record video interviews through the Services ("Candidates").

Where we handle Candidate personal information on behalf of a Customer in connection with that Customer's recruitment process, the Customer also has its own privacy obligations. Candidates should also refer to the privacy policy of the employer or recruiter they are applying to.

2. The kinds of personal information we collect

The kinds of personal information we collect and hold depend on whether you are a Customer representative, a Candidate or a visitor to our Website. It may include:

• identity and contact details, such as your name, email address, phone number and mailing address;
• account details, such as your username and login information;
• professional information, such as your work history, qualifications, CV or resume, and the content of your job applications;
• video and audio recordings, where you record or upload a video interview or screening response through the Services, including your image, voice and the content of your responses;
• information generated about you through the Services, such as screening outcomes, assessments, ratings, notes and AI-generated summaries (see section 5);
• billing details for Customers, noting that payment card information is collected and processed by our third-party payment processor and we do not store full card details;
• communications between you and us, and non-public communications and stored materials you create in the course of using the Services ("User Content"); and
• technical and usage data, such as device identifiers, IP address, browser type, operating system, pages accessed, search terms and interaction data, collected through cookies and similar technologies.

Sensitive information

Some information we handle may be sensitive information under the Privacy Act. For example, the content of a video recording may incidentally reveal information about your racial or ethnic origin, religious beliefs or health, depending on what you choose to say or show. Our AI features analyse the transcript of your responses only. They do not analyse your appearance, facial features, voice characteristics or any other visual or acoustic element of a recording, and we do not collect or use biometric information. We do not use your information to draw inferences about sensitive attributes, and we only collect sensitive information with your consent and where it is reasonably necessary for our functions.

3. How we collect personal information

We collect personal information:

• directly from you, when you create or update an account, record or upload a video interview, apply for a role, complete a survey, contact us or otherwise use the Services;
• from Customers, for example when an employer or recruiter invites you to complete a video screening or uploads your application details;
• from third parties where you choose to connect them, such as a social media or single sign-on service, in which case we may receive information you have authorised that service to share; and
• automatically, through cookies, pixels and similar technologies when you use the Website or Services. You can configure your browser to refuse cookies, but parts of the Services may not work properly if you do.

If you provide us with personal information about another person (for example, a referee), you must ensure that person is aware their information has been provided to us and where to find this policy. We collect personal information about Candidates only where it is reasonably necessary for providing the Services, and we take reasonable steps to ensure you are notified of the collection at or before the time it occurs.

4. How we use personal information

We use personal information for the following purposes:

• to provide, operate and administer the Services, including delivering video screening and candidate management functionality to Customers;
• to facilitate recruitment processes between Candidates and the Customers they apply to;
• to verify your identity and manage your account;
• to process payments and administer billing for Customers;
• to develop, test, secure and improve the Services;
• to communicate with you about the Services, including service updates and support;
• to send marketing communications where permitted (see section 8); and
• to comply with our legal obligations and to establish or defend legal claims.

We may de-identify information so that it is no longer about an identifiable individual and use that de-identified information for analytics, research and product improvement. We will not use or disclose your personal information for a purpose other than the purpose of collection unless you would reasonably expect it, you have consented, or the use is otherwise permitted under the Privacy Act.

5. AI features and automated decision-making

The Services include features that use artificial intelligence and automated processing to assist Customers in reviewing applications ("AI Features"). This section explains how they work with your personal information.

Kinds of personal information used

AI Features use the transcript of your video responses, your application materials and your answers to screening questions. AI Features do not analyse your appearance, facial features, voice characteristics or any other visual or acoustic element of your recording, and they do not use biometric information.

Kinds of outputs and decisions

AI Features may generate transcripts, summaries and assessments of your responses against role criteria set by the Customer, and may suggest a ranking of candidates based on the content of their responses. These outputs are a guideline to assist Customers in deciding which Candidates progress in a recruitment process. AI Features do not make final hiring decisions. Decisions about whether a Candidate progresses, is interviewed or is hired are made by the Customer. The Services clearly identify Candidate responses that have not yet been reviewed by the Customer, and our terms require Customers to ensure appropriate human review before making decisions that significantly affect a Candidate.

Our commitments

• We take reasonable steps to ensure AI-generated outputs are accurate, relevant and not misleading, having regard to the purpose for which they are used.
• We do not use your video recordings, transcripts or application materials to train or fine-tune AI models, and we will not do so without your express consent.
• Where we use third-party AI providers to deliver AI Features, we require contractual protections including that your information is not used to train their models.
• If you have concerns about an AI-generated assessment, you may contact us at privacy@vpply.com and we will review it, or direct your concern to the relevant Customer where they control the decision.

6. Who we disclose personal information to

We may disclose personal information to:

• the Customer whose role you have applied to or whose screening you have completed, including your application materials, video responses and AI-generated outputs relating to that application. Each application is unique to one Customer: your responses for one Customer are not shared with, or visible to, any other Customer;
• our service providers who help us deliver the Services, such as hosting, cloud infrastructure, AI processing, payment processing, analytics, customer support and email providers, on terms that restrict their use of your information to providing services to us;
• our professional advisers, such as lawyers, accountants and insurers, where reasonably necessary;
• a purchaser or prospective purchaser of our business or assets, and their advisers, in connection with a sale, merger or restructure, subject to obligations of confidentiality; and
• courts, regulators, law enforcement and other parties where required or authorised by law, including in response to a subpoena or court order, or where necessary to establish or defend legal claims or to prevent a serious threat to life, health or safety.

We do not sell personal information. We will not use Candidate profiles, images or recordings in our marketing without express consent.

7. Where your information is stored

Your personal information, including video recordings and application materials, is hosted on Amazon Web Services (AWS) infrastructure located in Australia. Some of our service providers, including third-party AI providers that process transcripts to deliver AI Features, may process information outside Australia, including in the United States. Before disclosing personal information overseas, we take reasonable steps to ensure the overseas recipient handles it in accordance with the APPs, including through contractual safeguards, except where an exception under the Privacy Act applies. A current list of the countries in which our material service providers are located is available on request.

8. Marketing communications

We may send Customers and prospective Customers marketing communications about our Services where permitted by the Spam Act 2003 (Cth) and the Privacy Act. Every marketing email we send contains an unsubscribe facility, and you can opt out at any time by using it or contacting us at privacy@vpply.com. We do not use Candidate information for direct marketing without consent.

9. Security

We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. These include encryption in transit, access controls, staff confidentiality obligations and vendor due diligence. No transmission of data over the internet is completely secure, so while we take reasonable precautions, we cannot guarantee the security of information transmitted to us.

10. Data retention and deletion

We keep personal information only for as long as it is reasonably necessary for the purposes described in this policy, to comply with our legal obligations, or to resolve disputes. Our standard retention periods are:

• Candidate video recordings, transcripts and AI-generated outputs: retained for 12 months from the conclusion of the relevant recruitment process (or from the expiry of the screening invitation if no application is completed), then deleted or de-identified;
• Candidate application materials and account information: retained while your account remains active, and deleted or de-identified within 12 months of account closure or your deletion request;
• Customer account and billing records: retained for the life of the Customer relationship and for 7 years afterwards as required by Australian tax and corporations law.

A Candidate may request earlier deletion of their recordings and personal information at any time (see section 11). We may retain specific information for longer where required by law, to resolve a dispute, or on the lawful instructions of the relevant Customer, in which case we will tell you. When personal information is no longer required, we take reasonable steps to destroy or de-identify it.

11. Access, correction and deletion

You may request access to, or correction of, the personal information we hold about you at any time by contacting privacy@vpply.com. Some information can also be viewed and updated directly through your account. We will respond within a reasonable period (usually within 30 days). We will not charge you for making a request, and we will only charge reasonable costs, if any, for giving access. If we refuse a request, we will tell you why in writing and how to complain about the refusal.

You may also request deletion of your account and personal information by contacting privacy@vpply.com or submitting a request through the contact form on our Website. We will action deletion requests except where we are required or permitted by law to retain certain information, in which case we will tell you.

12. Data breaches

We maintain a data breach response plan. If a data breach occurs that is likely to result in serious harm to individuals, we will notify affected individuals and the Office of the Australian Information Commissioner ("OAIC") in accordance with the Notifiable Data Breaches scheme under the Privacy Act.

13. Young candidates (under 18)

Candidates may lawfully apply for jobs from a young age in some Australian States and Territories, and our Services may be used to screen candidates who are under 18. We handle the personal information of young candidates with particular care:

Minimum age

The Services may not be used by anyone under 14. Candidates aged 14 must have the consent of a parent or guardian to complete a screening, and we ask young candidates to confirm this before recording. In line with OAIC guidance, we treat candidates aged 15 and over as generally able to consent for themselves, unless we have reason to believe otherwise.

Plain language

We take reasonable steps to present privacy information to young candidates in clear, age-appropriate language at the point of collection.

No marketing

We do not use the personal information of candidates under 18 for direct marketing.

Deletion

A young candidate, or their parent or guardian, may request deletion of the candidate's recordings and personal information at any time by contacting privacy@vpply.com, and we will action the request in accordance with section 11.

Employer responsibility

Employers using the Services to recruit candidates under 18 remain responsible for complying with the child employment laws of the relevant State or Territory.

We are monitoring the Children's Online Privacy Code being developed by the OAIC and will update our practices and this policy as required once the Code commences.

14. Third-party links

The Website and Services may contain links to third-party websites. We are not responsible for the privacy practices of those sites, and this policy does not apply to them. We encourage you to read the privacy policy of any website you visit.

15. Changes to this policy

We may update this policy from time to time. The current version will always be available on our Website, and the date at the top of this policy shows when it was last updated. If we make a material change to how we handle personal information, we will take reasonable steps to bring it to your attention, such as by email or a notice within the Services.

16. Questions and complaints

If you have a question about this policy, or you believe we have breached the Privacy Act or the APPs, please contact our Privacy Officer at privacy@vpply.com. Please include enough detail for us to investigate. We will acknowledge your complaint promptly, investigate it, and respond to you within a reasonable period (usually within 30 days).

If you are not satisfied with our response, you may complain to the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by phone on 1300 363 992.

Privacy Officer

Vpply Pty Limited
privacy@vpply.com