1. Introduction
FlareHQ Pty Ltd ABN 65 690 452 110 (FlareHQ, we, us, or our) is committed to protecting the privacy and security of personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard personal information in connection with our workforce management platform and related services.
This Privacy Policy applies to all users of our Services, including our workforce management platform, rostering applications, recruitment management systems, task and checklist management tools, point-of-sale (POS) integrations, and related mobile and web applications (collectively, the Platform or Services).
We are bound by the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Privacy Act). This Privacy Policy sets out how we comply with our obligations under the Privacy Act.
2. Definitions
In this Privacy Policy:
3. Types of Personal Information We Collect
The types of personal information we collect depend on how you interact with our Services and your role within the Platform.
3.1 Business Customers and Administrators
We may collect the following information from Business Customers and their Administrators:
- Business name, ABN/ACN, and trading names
- Contact details including name, email address, telephone number, and business address
- Billing and payment information (processed securely through third-party payment providers)
- Account credentials and authentication information
- Business operational data including store locations, trading hours, and organisational structure
- Integration credentials for connected third-party services (such as POS systems, accounting software, and payroll providers)
3.2 Employee Users
Through our workforce management Services, Business Customers may input or we may collect the following information about Employee Users:
- Full name, date of birth, and contact details (email, phone number, address)
- Employment details including employee ID, job title, department, employment type (full-time, part-time, casual), and start date
- Award classification and pay rate information in accordance with the Fair Work Act 2009 and applicable Modern Awards
- Rostering and availability information, including shift schedules, leave requests, and time and attendance records
- Task completion data, checklist records, and performance metrics
- Tax file number (TFN) and superannuation details (where provided for payroll purposes)
- Bank account details for wage payments
- Emergency contact information
- Qualifications, certifications, and compliance documentation (e.g., RSA, food handling certificates)
- Profile photographs (where voluntarily provided or required by the employer)
3.3 Job Applicants
Through our recruitment management features, we may collect:
- Name, contact details, and residential location
- Resume/CV, cover letter, and work history
- Qualifications, skills, and certifications
- Work availability preferences and preferred locations
- Right to work documentation
- Referee details and reference check outcomes
- Interview notes, assessments, and recruitment pipeline status
3.4 Technical and Usage Data
We automatically collect certain technical information when you use our Services:
- Device information (device type, operating system, unique device identifiers)
- Browser type and version
- IP address and approximate geographic location
- Usage patterns, feature interactions, and session data
- Error logs and performance data
- Cookies and similar tracking technologies (see Section 11)
4. How We Collect Personal Information
We collect personal information through various means:
- Directly from you: When you register for an account, use our Platform, submit forms, contact us, or communicate with our support team.
- From Business Customers: Employee User information is typically provided to us by Business Customers as part of their workforce management activities.
- From integrated third-party services: Including point-of-sale systems (such as Square, Lightspeed, and similar providers), accounting software (such as Xero, MYOB, and QuickBooks), and payroll systems.
- Automatically: Through cookies, analytics tools, and server logs when you interact with our Services.
- From publicly available sources: Such as business registries or professional networking platforms, where relevant to our business relationships.
5. Purpose of Collection and Use
We collect, hold, use, and disclose personal information for the following purposes:
5.1 Service Delivery
- Providing and maintaining our workforce management Platform
- Enabling rostering, time and attendance tracking, and leave management
- Facilitating recruitment processes and candidate management
- Supporting task and checklist management for operational compliance
- Processing integrations with POS systems and accounting software
- Generating reports, analytics, and insights for Business Customers
5.2 Employment Compliance
- Assisting Business Customers with compliance obligations under the Fair Work Act 2009
- Calculating pay rates in accordance with applicable Modern Awards, including penalty rates, overtime, and allowances
- Maintaining records as required by employment laws and regulations
- Supporting superannuation and tax reporting obligations
5.3 Communication
- Sending service-related notifications (e.g., roster updates, shift reminders, task assignments)
- Responding to enquiries and providing customer support
- Communicating important updates about our Services
- Marketing communications (with consent, where required)
5.4 Business Operations
- Billing, invoicing, and payment processing
- Internal record keeping and administration
- Improving and developing our Services
- Analytics, research, and business planning
5.5 Legal and Compliance
- Complying with legal obligations and responding to lawful requests
- Protecting our rights and interests, including enforcing our terms of service
- Resolving disputes and preventing fraud or misuse
6. Disclosure of Personal Information
We may disclose personal information to the following categories of recipients:
6.1 Service Providers
We engage third-party service providers who assist us in delivering our Services, including:
- Cloud hosting and data storage providers
- Payment processing providers
- Email and communication service providers
- Analytics and monitoring services
- Customer support and helpdesk systems
6.2 Integrated Third-Party Platforms
At the direction of Business Customers, we may share information with:
- Point-of-sale (POS) systems for sales and labour cost analysis
- Accounting software (e.g., Xero, MYOB, QuickBooks) for payroll and financial reporting
- Payroll providers for wage processing
- Other workforce or HR management systems as configured by the Business Customer
6.3 Other Disclosures
We may also disclose personal information to:
- Our employees, contractors, and related entities
- Professional advisors (lawyers, accountants, auditors)
- Regulatory authorities, courts, and tribunals as required by law
- Potential acquirers or investors in connection with a sale, merger, or acquisition of our business
- Any other party with your consent
7. Overseas Disclosure
We may disclose personal information to recipients located outside Australia, including cloud service providers and data processors. Countries may include the United States, European Union member states, and other jurisdictions where our service providers operate.
Where we disclose personal information overseas, we take reasonable steps to ensure the recipient handles the information in accordance with the APPs, including through contractual arrangements requiring appropriate data protection measures.
By providing personal information to us, you acknowledge that we may disclose your information to overseas recipients. While we take reasonable steps to ensure overseas recipients comply with Australian privacy standards, you acknowledge that overseas recipients may not be subject to the Privacy Act.
8. Our Role as Data Processor
In many cases, FlareHQ acts as a data processor on behalf of Business Customers, who remain the data controller for Employee User information. Business Customers determine the purposes for which Employee User data is collected and used, and we process this data in accordance with their instructions and our service agreements.
Employee Users should direct privacy enquiries regarding their employment information to their employer (the relevant Business Customer) in the first instance. Business Customers are responsible for ensuring they have appropriate legal bases and consents for the personal information they input into our Platform.
9. Sensitive Information
Sensitive information is a subset of personal information that is given a higher level of protection under the Privacy Act. Sensitive information includes information about racial or ethnic origin, political opinions, religious beliefs, trade union membership, sexual orientation, health information, and biometric data.
We do not generally collect sensitive information. However, certain sensitive information may be collected where:
- You have provided explicit consent
- Collection is required or authorised by law (e.g., health information for workers' compensation purposes)
- It is necessary to prevent or lessen a serious threat to health or safety
Where sensitive information is collected, we will only use and disclose it for the purpose for which it was collected, unless you consent to other uses or disclosure is required by law.
10. Data Security
We are committed to protecting personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. We implement a range of security measures, including:
- Encryption of data in transit (TLS/SSL) and at rest
- Secure authentication mechanisms, including multi-factor authentication options
- Role-based access controls limiting data access to authorised personnel
- Regular security assessments and vulnerability testing
- Secure cloud infrastructure with reputable providers
- Employee training on data protection and security practices
- Incident response procedures for potential data breaches
While we take reasonable steps to protect personal information, no method of transmission over the Internet or electronic storage is completely secure. We cannot guarantee absolute security, and any transmission of information is at your own risk.
12. Data Retention
We retain personal information for as long as necessary to fulfil the purposes for which it was collected, including to satisfy legal, accounting, or reporting requirements.
Our retention periods are determined by:
- The duration of our relationship with Business Customers
- Legal obligations to retain employment and financial records (generally 7 years under Australian law)
- Potential legal claims or disputes
- Legitimate business needs
When personal information is no longer needed, we will take reasonable steps to destroy or de-identify it.
13. Your Rights and Choices
13.1 Access
You have the right to request access to the personal information we hold about you. We will respond to access requests within a reasonable timeframe. In some circumstances, we may not be able to provide access, such as where doing so would unreasonably impact the privacy of others.
13.2 Correction
If you believe any personal information we hold about you is inaccurate, incomplete, or out of date, please contact us. We will take reasonable steps to correct the information.
13.3 Deletion
You may request deletion of your personal information. Please note that we may not be able to delete information where we are required to retain it for legal or compliance purposes.
To request deletion:
- Employee Users: Please contact your employer (the Business Customer) who can request deletion on your behalf or direct you appropriately.
- Business Customers: Please contact us using the details below.
13.4 Marketing Opt-Out
You can opt out of receiving marketing communications from us at any time by clicking the unsubscribe link in our emails or contacting us directly. Please note that you may continue to receive transactional and service-related communications.
13.5 Complaints
If you have a complaint about how we have handled your personal information, please contact us using the details below. We will investigate your complaint and respond within a reasonable timeframe.
If you are not satisfied with our response, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au or by calling 1300 363 992.
14. Third-Party Links
Our Services may contain links to third-party websites or services that are not operated by us. We have no control over, and assume no responsibility for, the privacy practices of these third parties. We encourage you to review the privacy policies of any third-party sites you visit.
15. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will notify you of material changes by posting the updated policy on our website with a new "Last Updated" date. For significant changes, we may also provide additional notice, such as email notification to Business Customers.
We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information.
16. Contact Us
If you have any questions about this Privacy Policy or wish to exercise your privacy rights, please contact our Privacy Officer:
FlareHQ Pty Ltd
ABN: 65 690 452 110
Email: info@flarehq.co
Address: Rialto, West Podium, Ground Floor/525 Collins St, Melbourne VIC 3000
Website: flarehq.co