Performance HR Pty Ltd ("Performance HR", "we", "us", "our") cares about your right to privacy and is committed to safeguarding the privacy of our customers, their staff, and website and platform visitors. We are committed to handling personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth). This policy sets out how we collect, hold, use and disclose personal information in connection with Performance HR On Demand (the "Platform").
"Personal information" is information we hold which is identifiable as being about an individual.
We collect and store personal information you enter into the Platform, provide to us directly, or give to us in other forms. This includes:
You are responsible for ensuring you are entitled to provide any third-party (including employee) personal information you upload, and that you have made any notifications and obtained any consents required under the Privacy Act. As the employer, you remain the entity responsible for your employees' personal information, including handling it consistently with your own Privacy Act obligations and any applicable workplace surveillance and employee-records rules. Performance HR handles it on your behalf, solely to provide the service, in accordance with the APPs.
We collect personal information from you when you interact with us electronically or in person, when you access our website or the Platform, and when we provide our services to you. We may receive personal information from third parties (for example, someone in your organisation who invites you). If we do, we will protect it as set out in this policy.
We use personal information to provide the Platform and our HR services: to give HR guidance grounded in your documents, to review your documents for HR risk, to operate and secure your account, to provide support, to bill for services, and to improve our services. We may also let you know about relevant products, services and opportunities; you can opt out of marketing at any time.
We may disclose personal information to our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors (including our Australian-based cloud hosting provider) insofar as reasonably necessary for the purposes set out in this policy. We may disclose personal information where required by law (for example under a court order, subpoena, or a request from a law enforcement agency), and to protect the legal rights, property or safety of Performance HR, our customers or third parties.
Guidance on the Platform is generated with the assistance of an AI assistant ("Mira"). When you ask a question, your question and the relevant parts of your own uploaded documents (and Performance HR's de-identified knowledge) are processed by an AI model to generate a response. You are responsible for the decisions you make; AI responses are general HR guidance, not legal advice, and may contain errors. Where a matter is higher-risk, Mira may recommend you speak with a human HR specialist. Based on our current platform design and provider arrangements, your data is processed within Australia and is not used to train foundation AI models or made available to unaffiliated third parties. [These provider guarantees to be confirmed in writing before go-live.] See section 7 for data location.
Responses are generated by an AI system trained on Performance HR's expertise and grounded in your documents. You are notified of this in-product. [Automated-decision transparency disclosure to be finalised with counsel in line with APP requirements.]
All customer data - including account records, uploaded documents, employee personal information, and your questions and our responses - is stored and processed within Australia (Amazon Web Services, Sydney). AI inference is performed within Australia (which may occur in Sydney or Melbourne). We do not use global or non-Australian AI processing, and we do not disclose your personal information to overseas recipients.
We are committed to keeping your information secure. We use physical, electronic and managerial measures to safeguard information, including encryption in transit and at rest, per-customer data isolation, access controls, and audit logging. No system is perfectly secure, and the transmission of information over the internet is at your own risk; we cannot guarantee the security of information transmitted to or from us, but we take reasonable steps to protect it.
You may request access to the personal information we hold about you, and ask us to correct it, in accordance with the Privacy Act (APP 12 and APP 13). If you believe information we hold is inaccurate, out of date, incomplete, irrelevant or misleading, contact us and we will take reasonable steps to correct it. We may decline access in the limited circumstances permitted by the Privacy Act, and will explain why.
We retain your data for the life of your subscription. On request or on account closure, we will delete or de-identify your data, subject to any records we are required to keep by law. [Retention period after cancellation to be confirmed.] You can request export or deletion of your data by contacting us.
If you have a complaint about our handling of personal information, please contact our Privacy Officer at privacy@performancehr.com.au. We take complaints seriously and will respond within a reasonable time. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au.
We may update this policy from time to time. Changes take effect when posted on our website or the Platform. Please check back periodically.
When you visit our website we may collect information such as browser type, operating system and the page visited before ours, used in aggregate to understand and improve how our site is used. We may use cookies to recognise you and remember your preferences. Most browsers accept cookies automatically; you can change your browser settings to reject them, though some features may not work as well.
Our site or Platform may link to websites we do not control. Those links are provided for convenience only and do not indicate endorsement. We are not responsible for the privacy practices of other websites; we encourage you to read their privacy statements.
Attention: Privacy Officer, Performance HR Pty Ltd. Email: privacy@performancehr.com.au.