We take privacy seriously and respect your right to anominity.
As Registered Australian Migration Agents, we have certain professional standards and obligations regarding your privacy. We will not disclose any details or personal identifiers to any other third parties unless without expressed authorisation and written consent from the client. As our clients details are managed and processed in a cloud based system known as Migration Manager, a part of the Leap group of companies.
Australian Privacy Laws from the Australian Privacy Act 1998 apply as does our Code of Conduct which affirm the human right to privacy and protection of personal data. Please note below the occasions where your data may be shared with your full consent, as such with an agency related to your matter. As a client or prospect, we have certain obligations to comply with our Code of Conduct with OMARA and compliance with EU clients and businesses in the processing and retention of personal data. To make a complaint and find information, you can find the link to the Australian Privacy Principles by connecting with the office of the Australian Information Commission (OAIC) here.
As we handle information that is personal, you can be assured that any information that is disclosed will be held in the strictest confidence. We also are subject to a breach notification with OAIC, and some of the principles and regulations with the GDPR such as right to access, data portability, data protection officer.
- We adhere to the underlying values contained in the Australian Privacy Principles contained in the Privacy Act 1988, as a matter of internal policy and in compliance with the Code.
- We will maintain the confidentiality of all information divulged under the agreement, except as required by law or as modified by the agreement.
- Your documents and information may be stored physically and/or electronically by us. In some cases, documents and information may be stored on third party servers that are located outside Australia. We will take all reasonable steps to ensure that your information is protected from unauthorised release or disclosure.
- The information that you provide to us is collected, used and disclosed to other entities in the furtherance of your application, where there is a reasonable expectation that it will be used and disclosed by us. Other entities to which your information may be disclosed include (but are not limited to):
- The DOHA;
- Skills assessing authorities;
- a) Your sponsor, or the person whom you are sponsoring or nominating for a visa (for family sponsorship or employer sponsorship/nomination purposes). In particular, you expressly agree that any Information that may adversely affect the outcome of the application (for example, health, character or business-related issues) may be disclosed to your sponsor (or the person whom you are sponsoring or nominating);
- Dependent family members included in your application;
- Regional Certifying Bodies (for subclass 187 applications);
- Educational institutions (for Student visa applications)
- State or Territory Governments (for State or Territory sponsorship/nomination purposes);
- The Australian Federal Police and/or foreign police services (where you request that we apply for police clearances on your behalf);
- Any entity to which you have authorised disclosure of your information.
- We may use the information that you provide to conduct market research, determine website usage and for direct marketing purposes related to our business (for example, our regular newsletter service).
- We may search for your current visa entitlements using Visa Entitlement Verification Online (‘VEVO’) at any time during the term of this agreement, as we deem necessary to determine your status in Australia and your eligibility to lodge the application.
- You acknowledge that the DOHA monitors VEVO searches. We are not responsible for any actions taken by the DOHA towards you as a result of VEVO searches conducted within the scope of this agreement.
- Electronic Communications
- We disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of emails transmitted by or to us in connection with our performance of services under the agreement.
- You agree that we bear no liability for any loss or damage to any person or entity resulting from the use of email transmissions or our website services, including any consequential, incidental, direct, indirect or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information.
Relevant Law and Jurisdiction
These conditions and all aspects of our performance of services under the agreement are governed by, and both parties agree to be bound by, the law of the state of QLD, and the Code. Both parties irrevocably submit to the exclusive jurisdiction of the courts of the state of QLD and/or the Migration Agents Registration Authority.
Disclosure of Interests
- To assist our clients, we have strategic alliances with a number of related service firms and organisations, including: Schools and education institutions.
- We disclose that these bodies may pay a commission or referral fee in some instances. In addition, in some instances (by prior arrangement) we may pay a referral fee to agents that introduce clients to our practice.
- As the amount of any such benefits, if applicable, are not known at this stage, we will advise you of any amounts received or paid either if and when this occurs, or at your request.
- You accept that we are not providing expert advice in relation to the subject matter of any contracts or arrangements that are the subject of this clause, and that we bear no liability for any loss or damage to any person or entity resulting from the provision of non-migration advice.
GDPR – General Data Protection Regulations – Extra Territorial applicability
As a third country subject to data flows to an no EU member state, “confirmed in 2015 by the Court of Justice in the Schrems ruling, the adequacy standard does not require a point-to-point replication of EU rules. 28 Rather, the test lies in whether, through the substance of privacy rights and their effective implementation, enforceability and supervision, the foreign system concerned as a whole delivers the required high level of protection”.
As the privacy standards of the Australian Privacy Act 1988 and the Code of Conduct for agents covers the adequate protection of data and data flows to a third country, “Under EU law, an adequacy finding requires the existence of data protection rules comparable to the ones in the EU”. 34 . As being bound by a code of confidentiality related to our Code of Conduct, we must have consent from you to share information to any third parties who could be given your data for a matter.
Data subject rights
Who is our information “processor” and “controller”?
The Migrati0n Manager companies or any affiliates, or us do not have access to your user end of the system. The information we receive and that you have provided has been considered that you have given explicit and general consent from you, the user.
How do you give consent?
When you sign our Client Agreement for Fees and services or the questionnaire, you are giving consent to the processing and controlling of your information that you have disclosed to us. You can ask to be forgotten, but duet record keeping requirements, this must also be within the context of Australian laws and the Code.
With the system that we use, namely Migration manager, there is function for data portability and we can provide all your data to you upon written request from you, the person.
You can find information on the General Data Protection Regulations here.
You can find the Australian privacy principles here
You can find a copy of the Code of Conduct here.
You can find a copy of the Consumer Guide here
Consumer Guide Migration Agent
MARA Consumer Guide