1. General
1.1 The products and services are provided, and the website (site) is operated, by Joanna Hill Migration Agent Pty Ltd (ACN 607 497 610) trading as MyAusPath (we, us or our).
1.2 Our Registered Migration Agents are bound by the Office of the Migration Agents Registration Authority’s ‘Code of Conduct for Registered Migration Agents’ (Code) and the Australian Privacy Principles set out in the Privacy Act 1988(Cth) (Privacy Act). Your privacy is very important to us and we will always act to protect your Personal Information and Sensitive Information. We take this responsibility seriously and are very careful about how and when your Personal Information and Sensitive Information is collected, used and shared.
1.3 Personal information has the same meaning that it has under the Privacy Act, namely, information means information or an opinion about an identified individual or an individual who is reasonably identifiable, whether the information or opinion is true or not and recorded in a material form or not.
1.4 For the purposes of providing our products and services, we collect information from clients, applicants and the family members of applicants (whether travelling with the applicant or not) and clients which is Sensitive Information. Sensitive Information has the same meaning that it has under the Privacy Act, namely information or opinions about your health, political affiliations, sexual preferences, religious beliefs, racial or ethnic origin, criminal history or other such private information. A reference to Personal Information in this Privacy Policy includes Sensitive information except where otherwise indicated.
1.5 By using, browsing or accessing the site, you indicate that you have read, understood and accept this Privacy Policy and you agree to abide by it. Access to our products, services or site is conditional on your approval of this Privacy Policy and you agree that your use of our products, services or site implies your consent to the terms of this Privacy Policy.
1.6 This Privacy Policy applies in general terms to the collection, storage, use and disclosure by us of your Personal Information, how you may access Personal Information that we keep or complain about a suspected privacy breach.
2. What personal information do we collect?
2.1 We collect and use Personal Information, which may include Sensitive Information, from clients, applicants and family members of applicants (whether travelling with the applicant or not) and clients, users or visitors of our site, purchasers of our products or services or any other individual who interacts with us The type of Personal Information that we collect and use depends on the type of dealings that you have with us and includes the following non-exhaustive list:
(a) name, date of birth, address, mobile and telephone number, fax number, email address and occupation;
(b) passport, birth certificate, national identity card, marriage certificate and attestation of family tree information;
(c) employment records including employment history, employment contracts, employer contact details, bank statements, PAYG summaries, tax returns and employee references;
(d) business records of business applicants or business sponsors/nominations including BAS statements, tax returns, PAYG summaries, details of company/business structures and trusts, employee numbers and citizenship/visa status of employees, employee awards and conditions, other business activities of business applicant;
(e) health information, criminal record and character references, education history, technical and vocational qualifications. Professional memberships and English language test scores;
(f) visa status including online VEVO checks of current visa status, past travel including to countries other than Australia, previous visa applications and previous visas held, previous visa refusals or cancellations;
(g) information about the products or services you have ordered (including how they are to be used);
(h) information from enquiries you have made;
(i) communications between us;
(j) financial information (such as credit card and bank account details), method of payment or any additional information required for user authentication processes; and
(k) racial and ethnic origin, sexual orientation, political opinion, membership of a political association, religious beliefs or affiliations and philosophical beliefs.
3. Collecting your personal Information
3.1 Methods of collection
(a) We will collect Personal Information about you in a variety of ways, including through your use, or orders, of our products and services (and our records thereof); when you visit our site or submit information through our site, contact us with a query or request, complete any forms or agreements for our products or services, participate in surveys, competitions or promotional events; from third parties (including our related bodies corporate, business partners and service providers, credit reporting bodies, wholesale or other customers, and your representatives, your current and past employers, the Department of Home Affairs (or its successors), skills assessing authorities, and other government agencies, foreign authorities or regulators, institutions and professional organisations, translation and interpretation service providers); and from publicly available sources of information (including, but not limited to, social media sites). The Personal Information collected by us will track your use, or enhance your use, of the foregoing and assist us in providing a better service.
(b) By providing your Personal Information to us, you acknowledge that you are authorised to provide such information to us.
(c) We may collect Personal Information about you for our related bodies corporate, business partners and service providers and when you request information about products and services. We will only collect Personal Information that is necessary for one or more of our functions or for the purpose disclosed to you.
3.2 Collection notices
(a) Where we collect Personal Information directly from you, we will take reasonable steps to notify you of certain matters in a collection notice. We will do this at or before the time of collection, or as soon as practicable afterwards.
(b) Collection notices may provide more specific information than this Privacy Policy in relation to particular collections of Personal Information. The terms of this Privacy Policy are subject to any specific provisions contained in collection notices and in the terms and conditions of particular offers, products and services. We encourage you to read those provisions carefully.
(c) Where we collect information about you from your authorised representative, we will take reasonable steps to make sure that you are made aware of the collection.
(d) If you provide to us Personal Information about someone else (as their authorised representative), we rely on you to inform them that you are providing their Personal Information to us and to advise them that we can be contacted for further information. You must take reasonable steps to ensure the individual concerned is aware of and consents to the various matters detailed in this Privacy Policy, including the fact that their Personal Information is being collected, the purposes for which that information is being collected, the intended recipients of that information, the individual’s right to obtain access to that information, our identity, and how to contact us. Where requested to do so by us, you must also assist us with any requests by the individual to access or update the Personal Information you have collected from them and provided to us.
4. Use of your personal information
4.1 We use your Personal Information for the purposes for which the information is collected.
4.2 We use your Personal Information to provide our products, services and website to you. We also use it to improve or develop our products, services and website, to operate, maintain, test and upgrade our systems and to notify you of opportunities that we think you might be interested in.
4.3 We may provide your Personal Information to:
(a) your employer and its related bodies corporate;
(b) the Department of Home Affairs (or its successors);
(c) foreign authorities or regulators relevant or applicable for the purposes of providing immigration services to you;
(d) government agencies for the purpose of assessing labour markets in regional areas;
(e) institutions and professional organisations in order to verify your qualifications and memberships;
(f) translators and interpreters;
(g) educational institutions and skills accessing authorities; or
(h) our related bodies corporate, business partners, service providers, third party contractors, agents or suppliers and authorised third party service providers who perform functions on our behalf,third party payment processors and other financial and credit card institutions in order to process any payments, hosting companies, internet service providers, customer service providers, external business advisors (such as auditors and lawyers), and insurers (Authorised Affiliates).
In all circumstances where your Personal Information is disclosed, we will ensure that these third parties undertake to protect your privacy.
4.4 We may also use your Personal Information, which may include your Sensitive Information, to:
(a) provide or deliver our products and services to you, including, without limitation, providing you with assistance in relation to your application for a visa;
(b) consider and lodge your visa application on your behalf as your Registered Migration Agent;
(c) consider and lodge your education application on your behalf as your Education Agent;
(d) to provide relevant immigration related agencies of your relevant information as required;
(e) administer and manage the provision of our products and services;
(f) inform you about our site, products, services, offers or in order to provide the products or service you have requested, or other matters which we believe are of interest to you;
(g) to respond to queries, complaints or to provide you with our general customer services;
(h) to comply with our risk management policies and procedures;
(i) charge and bill you for the use of our services;
(j) customise the advertising and content on our website and to contact you about specials deals;
(k) provide offers that are of greater interest or benefit to you;
(l) share with Authorised Affiliates;
(m) verify your identity;
(n) conduct creditworthiness checks and conduct fraud-checking; and
(o) perform research and analysis.
4.5 We may disclose Personal Information to an Authorised Affiliate and they may in turn provide us with Personal Information, which may include Sensitive Information, collected from you.
4.6 We use third party payment processors to process payments made to us. In connection with the processing of such payments, we do not collect, process, use, share, store or disclose any payment information (such as credit card and bank account details). Rather, all such information is provided directly to our third party processor, Pin Payments, whose use of your payment information is governed by their privacy policy, which may be viewed at www.pinpayments.com/privacy.
5. Overseas disclosure
5.1 Our Authorised Affiliates may be located both in and outside Australia. In particular, as at the date this Privacy Policy was most recently updated, your Personal Information may be disclosed to recipients in, for example, Thailand and other countries from time to time. If you subsequently decide that you do not wish to receive information from them you may let us know by contacting info@myauspath.com.au
5.2 Prior to the disclosure of Personal Information to a person overseas, we will take such steps as reasonable in the circumstances to ensure that the overseas recipient treats your Personal Information securely and otherwise complies with the relevant Australian Privacy Principles in relation to the Personal Information.
6. Storage and security of your personal information
6.1 Your Personal Information may be stored in storage facilities (owned and operated either by ourselves or our services providers) in hard copy or electronic format. We will use our reasonable endeavours to store your Personal Information securely and to make our sites and storage facilities as secure as possible against unauthorised access. We want you to feel confident in dealing with us on the internet.
6.2 We will use our reasonable endeavours to protect and maintain the security of your Personal Information. Our officers, employees, agents and third party contractors are expected to observe the confidentiality of your Personal Information.
6.3 Despite our reasonable endeavours, we are unable to ensure or warrant the security of any Personal Information transmitted to us. Accordingly, all Personal Information disclosed by you to us is at your own risk and we are not liable for any unauthorised access to and disclosures of the Personal Information.
6.4 If we determine that Personal Information is no longer needed for any purpose, we will take reasonable steps to destroy or permanently de-identify that Personal Information, unless we are required by law, the Code or a court or tribunal to retain the information.
7. Disclosure of personal information
7.1 We may disclose any information, including Personal Information, we deem necessary, in our sole discretion, to comply with any immigration laws or other applicable laws, regulation, legal process, governmental request or industry code or standard. We may also exchange information, including Personal Information, with other companies and organizations for credit fraud protection and risk reduction.
7.2 We may retain certain of our Authorised Affiliates to perform functions consistent with our Privacy Policy on our behalf. Such third parties may be provided with access to Personal Information needed to perform their functions, but may not use such information for any other purpose.
7.3 We may disclose your Personal Information to third parties who provide services to us, including organisations and contractors that assist us with the purposes for which we use your Personal Information.
7.4 In the event of a merger, acquisition or sale of the whole or part of our business or assets, we reserve the right to transfer your Personal Information as part of any such transaction. As such, individually identifying information of our members may be one of the assets sold in connection with that transaction without notice to you or your consent. However, your Personal Information would remain subject to this Privacy Policy.
8. Direct marketing
8.1 Where we have your express or implied consent, or where we are otherwise permitted by law, we may use your Personal Information to send you information about the services we offer, as well as other information. We may send this information in a variety of ways, such as by mail, email, SMS, telephone, social media or by customising online content and displaying advertising on our websites.
8.2 These communications may continue after you cease acquiring any products or services from us until you opt out:
(a) by contacting us by writing to the Director PO Box 508 Port Melbourne Vic. 3207 Australia or by email to info@myauspath.com.au;
(b) by calling us on +61 (0) 429 417 942; or
(c) by using the unsubscribe facility that we include in our commercial electronic messages (ie email or SMS) to opt out of receiving those messages.
9. Notifiable Data Breaches
In the event of any loss, or unauthorised access or disclosure of your Personal Information that is likely to result in serious harm to you, we will investigate and notify you and the Australian Information Commissioner as soon as practicable, in accordance with our notifiable data breach obligations as set out in the Privacy Act.
10. Links to other sites from our site
10.1 Although our site may contain hyperlinks or banner advertising to or from external websites, those websites are not subject to our privacy standards, policies and procedures. We recommend that you make your own enquires as to the Privacy Policies of these third parties.
10.2 We are in no way responsible for the privacy practices of these third parties.
10.3 This Privacy Policy applies only to the information we collect on our site.
11. Disclaimer
11.1 We will not disclose your Personal Information to any third party (other than our Authorised Affiliates) without your consent in writing, unless otherwise required by law or permitted herein, or unless such disclosure is reasonably necessary in our opinion to protect our rights or property, to avoid injury to any person or in order to ensure the proper functioning of our site.
11.2 This Privacy Policy only addresses the use and disclosure of information we collect from you via our site or as otherwise permitted in this Privacy Policy. The use of your Personal Information by the aforementioned third parties is governed by the privacy policies of such parties and is not subject to our control.
11.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our website; any transmission is entirely at your own risk.
11.4 We will advise you at the first reasonable opportunity upon discovering or being advised of a security breach where your Personal Information is lost, stolen, accessed, used, disclosed, copied, modified, or disposed of by any unauthorised persons or in any unauthorised manner.
12. Cookies and IP Addresses
12.1 A cookie is a piece of data that enables us to track and target your preferences. We may use cookies to enable us to identify you as a return user and personalize and enhance your experience and your use of our website. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or to warn you before accepting cookies. If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. If you reject our cookies, you may still use our website, but you may be limited in the use of some of the features and this may affect the functionality of our website.
12.2 We use cookies to help us improve our service to you when you access our website and to ensure that our website remains easy to use and navigate. We may also use IP addresses to analyse trends, administer our websites, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your Personal Information for credit fraud protection and risk reduction.
13. Access to information collected by us
13.1 We will use our reasonable endeavours to keep your Personal Information that we collect accurate, up-to-date and complete.
13.2 Subject to some exceptions provided by law, you have the right to access your Personal Information. For security purposes, if you would like to access Personal Information that we hold about you, we require you to put your request in writing. Proof of identity may be required before such information will be provided. If we do not allow you access to any part of the Personal Information we hold about you, we will tell you why. We will not charge you for lodging a request to access your Personal Information, but we may charge you for our reasonable costs in supplying you with access to this information.
14. Consent
14.1 You acknowledge and agree that we, our Authorised Affiliates and each of their officers, employees, agents and contractors are permitted to collect, store, use and disclose your Personal Information in the manner set out in this Privacy Policy and in accordance with the Privacy Act.
15. Changes to the privacy policy
15.1 We may amend this Privacy Policy from time to time. The current version of our Privacy Policy will be posted on our site and a copy may be obtained from the Privacy Officer.
15.2 Your continued use of our products, services or site following any such amendment will be confirmation of your acceptance of the amendments. We reserve the right to modify this Privacy Policy at any time, so please review it frequently.
16. Further information
16.1 Further information about Privacy law and the Australian Privacy Principles is available from the Office of the Australian Information Commissioner’s website www.oaic.gov.au.
17. Resolving your privacy issues
17.1 If you have any issues you wish to raise with us regarding the way we have handled your Personal Information, or would like to discuss any issues about our Privacy Policy, please contact our Privacy Officer directly by writing to the Privacy Officer at PO Box 508 Port Melbourne, Victoria, 3207 or by email to info@myauspath.com.au or by calling them on +61 (0) 429 417 942 and please provide our Privacy Officer with full details of your complaint and any supporting documentation.
17.2 Our Privacy Officer will endeavour to:
(a) provide an initial response to your query or complaint within 10 business days, and
(b) investigate and attempt to resolve your query or complaint within 30 business days or such longer period as is necessary and notified to you by our Privacy Officer.
