ASC Migration respects the privacy of our customers and users. Please take time to read this Privacy Policy (“Privacy Policy”) as we believe it is important for our customers and users to understand how we collect, process and use personal data.

By using the Products and Services, Websites or Portals, you consent to the data we collect and how we use and share it in accordance with this Privacy Policy.  If you do not agree with the data we collect and how we use and share it, you should not use the Products and Services, Websites or Portals.

WHAT DATA WE COLLECT

ASC Migration’s customers and users voluntarily provide us with data, including data that can be used to identify, either directly or indirectly, an individual (“Personal Data”) when they purchase or use our services (“Services”) and access our websites or portals (“Websites” or “Portals”).

Data Provided by Users and Customers.

• Name, address, email, telephone number, username and password (collectively “Account Information”)
• Credit card, debit card, banking or other payment information via secured payment gateways.
• Information submitted as a result of completing application, evaluation or assessment forms on our Websites or Portals or those sent to you as a client, entering information or subscribing to blogs or other electronic media controlled by ASC Migration, commenting on or downloading information from our Websites or Portals
• Customer content stored, processed, maintained or transmitted using our Products, Services or Portals.
• File system information such as stored file folder names, file extensions, file sizes, and the configuration of any device registered for use in connection with the Products and Services, including any hardware delivered as part of the Products, Services, and Portals (each a “Device”)
• Technical information as a result of configuring the Products and Services, including IP addresses, browser-type, device-type, internet service provider, referring or exiting pages, operating system, date and time stamp or clickstream data
• Any other information shared with us directly or indirectly through a customer’s or user’s use of the Products and Services, Websites or Portals

Aggregate Information. To the extent permitted by applicable law, ASC Migration may use, process, transfer and store customer and user data in an anonymous and aggregated manner. We may combine such data with other information collected, including information from third-party sources. By using the Products and Services, our customers and users agree that we are permitted to collect, use, share and store anonymized aggregated data collected through the Products and Services for benchmarking, analytics, metrics, research, reporting, machine learning and other legitimate business purposes.

Automated Decisions. To the extent permitted by applicable law, ASC Migration may collect data in an automated manner and make and use automated decisions about any client, in order to provide or optimise the Products and Services provided, for security or analytics purposes, to display advertisements and offers based on individual preferences and for any other lawful purpose.

WHY WE USE DATA

ASC Migration processes data, including Personal Data, for a variety of purposes, such as:

• With customer or user consent, e.g., to receive marketing materials
• To review your situation, provide general advice, and offer relevant services.
• When we automatically receive your computer’s Internet Protocol (IP) address which provides us with information that helps us to learn about your browser and operating system and improve your browsing experience.
• We also use tracking pixels, i.e. Google Analytics to aid in measuring and tracking where our website traffic is coming from. We use remarketing pixels from Facebook and Google to personalise your experience.
• Where the processing is necessary for the performance of a contract, e.g., to facilitate a client’s application processes
• Where necessary to comply with the law
• Where the processing is necessary for the purposes of our legitimate interests which includes providing the Products and Services, internal record-keeping and administrative purposes and to operate, maintain and improve the Websites or Portals

HOW WE USE COOKIES AND OTHER TECHNOLOGIES

We use certain automatic data collection technologies such as cookies, web beacons, pixel tags and other technologies to collect data, including Personal Data, when users or customers visit the Websites or Portals, use the Products and Services or interact with us. We may share this data with providers of external services like the Department of Home Affairs, any State or Territory government in Australia, any Statutory Authority, approved business consultant, web traffic analysis services and analytics tools. We explain these technologies below.

Cookies. Cookies are small text files placed on a computer by a web server when browsing online and are used to store user preference data so that a web server doesn’t have to repeatedly request this information. A user may block cookies by activating the settings on the browser that blocks all or some cookies. However, if a user blocks all cookies (including strictly necessary cookies), a user may not be able to access all or parts of our Websites or Portals. We use the following cookies:

• Strictly Necessary Cookies. These cookies are required for the operation of our Websites and Portals. They include, for example, cookies that enable a customer to log-in to secure areas of our Websites and Portals and use e-commerce.
• Analytical and Performance Cookies. These cookies allow us to recognize and count the number of users visiting our Websites and Portals and see how those users navigate our Websites or Portals. This helps us to improve our Websites and Portals.
• Functionality Cookies. These cookies recognize a user that returns to our Websites or Portals. This enables us to personalize our content, greet the user by name and remember preferences.
• Targeting Cookies. These cookies record visits to our Websites or Portals and the links followed. We use this information to improve our Websites or Portals and ensure the advertising and content displayed is relevant to users.

GLOBAL DATA MANAGEMENT

Data collected by ASC Migration, including Personal Data, may be transferred or accessed by the Department of Home Affairs or any Statutory Authority engaged in the processing of a client’s matter in other countries around the world regardless of a customer or user country of residence.  Please note that by using the Products and Services, Websites or Portals or by providing Personal Data to us, customers and users acknowledge and agree that Personal Data may be sent to and processed in countries outside of your country of residence, including Australia.  For individuals residing in the European Economic Area (“EEA”), and for Personal Data subject to European data protection laws, this includes transfers outside of the EEA. Some of these countries may not have data protection laws that provide an equivalent level of data protection as the laws in your country of residence, however, we will take steps to ensure Personal Data is handled in accordance with the Australian Privacy Act and the European Union’s General Data Protection Regulation (GDPR).

WHEN AND WHY WE SHARE YOUR PERSONAL DATA

We do not and will not sell Personal Data to marketers or other vendors.

We may share data, including Personal Data, in the following circumstances:

Service Providers. ASC Migration may share data, including Personal Data, with our contracted third-party service providers in order to provide and improve our Products and Services, Websites or Portals. These third-parties include any Australian or overseas Skills Assessment organisation, any Australian or overseas Recognition of Prior Learning (RPL) organisation, any State or Territory government in Australia, the Department of Home Affairs or any approved business partner.

Legal Purposes. ASC Migration may share data, including Personal Data, as necessary to comply with applicable law, court orders, governmental agencies, for the administration of justice, to protect vital interests, to protect the security or integrity of ASC Migration’s databases, Products, and Services, Websites or Portals, or to take precautions against legal liability.

Sale. In the event of a merger, consolidation, or acquisition of all, substantially all or a portion of ASC Migration’s business or assets, ASC Migration may share data, including Personal Data. Customers and users acknowledge and agree that data, including encrypted stored data and Personal Data that ASC Migration has collected, may be securely shared, disclosed and transferred to such successor or assignee.

RETENTION OF DATA

We may retain data, including Personal Data, for as long as necessary to deliver the Products and Services or as needed for other lawful purposes.

YOUR RIGHTS

Subject to applicable data protection laws, customers and users have the following rights with respect to ASC Migration’s handling of Personal Data:

• Opt-Out. The right to object to the certain processing of Personal Data (unless ASC Migration has overriding compelling grounds to continue processing), including the right to opt-out of receiving direct marketing. We will, however, continue to use Personal Data for the limited purpose of communicating, important notices relating to purchases, changes to Products and Services or policies, and other reasons permitted by law.
• The right to request correction of Personal Data that is incomplete, incorrect, unnecessary or outdated.
• Right to be Forgotten. The right to request erasure of all Personal Data that is incomplete, incorrect, unnecessary or outdated within the time permitted by law.
  ASC Migration will do everything possible to erase Personal Data if a user or customer so requests. However, ASC Migration will not be able to erase all Personal Data if it is technically impossible due to legal reasons, such as ASC Migration is mandated by applicable law to retain Personal Data.
• Restriction of Processing. The right to request restriction of processing Personal Data for certain reasons, such as the inaccuracy of Personal Data.
• Data Portability. If requested, ASC Migration will provide Personal Data in a structured, secure, commonly used and machine-readable format.
• Right to Withdraw Consent. If Personal Data is processed solely based on consent, and not based on any other legal basis, customers can withdraw consent at any time.
• Data Protection Contact. The right to contact the relevant data protection regulator regarding ASC Migration’s handling of Personal Data.

To exercise any of the above-listed rights, email ASC Migration’s privacy officer at admin@ascmigration.com.au. ASC Migration will process requests in accordance with applicable law and within a reasonable period.

ASC MIGRATION AS A DATA PROCESSOR

ASC Migration acts as a data processor when we collect and process Personal Data for ASC Migration’s legitimate interests, such as analysing user interaction with our Websites or processing a customer credit card payment or when we provide Products and Services to our customers.

When acting as a data processor, ASC Migration will only process Personal Data in accordance with customer instructions and this Privacy Policy. ASC Migration’s affiliates or subsidiaries, State or Territory governments and/or agencies may also act as data processors to the extent customers purchase Products and Services from those entities or Personal Data is shared with those entities.

Service Providers. ASC Migration may share data, including Personal Data, with approved third-party service providers in order to provide and improve our Products and Services, Websites or Portals. These third-parties include the Department of Home Affairs, any Australian or overseas Skills Assessment organisation, any Australian or overseas Recognition of Prior Learning (RPL) organisation, any State or Territory government in Australia and any approved business partner/s.

Legal Purposes. ASC Migration may share data, including Personal Data, as necessary to comply with applicable law, court orders, governmental agencies, for the administration of justice, to protect vital interests, to protect the security or integrity of ASC Migration’s databases, Products, and Services, Websites or Portals, or to take precautions against legal liability.

SECURITY

ASC Migration and its third-party cloud storage providers have reasonable and appropriate technical and organizational security measures in place to protect against unauthorized processing, loss, misuse and alteration of Personal Data under its control, including (a) pseudonymisation (such as where data is separated from identifiers so that linkage to an identity is not possible without additional information that is stored separately) and encryption, (b) ensuring the ongoing confidentiality, integrity, availability and resilience of systems and services used to process Personal Data, and (c) ensuring a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational security measures. Please be advised that we cannot, and we do not believe that anyone can, genuinely guarantee or warrant absolute security of Personal Data disclosed or transmitted via the Internet to us or a third-party. As a result, absent ASC Migration’s gross negligence, customers, and users agree to not hold ASC Migration responsible for the theft, destruction, loss, damage or inadvertent disclosure of Personal Data or other data provided to ASC Migration.

LINKING

The Websites and Portals may contain links to third-party websites that ASC Migration does not control or maintain. ASC Migration is not responsible for the privacy practices employed by these third-party websites. ASC Migration encourages users to read the privacy statements of such other websites before submitting any Personal Data.

PRIVACY ACT FRAMEWORKS

EUROPEAN UNION-AUSTRALIA Privacy. ASC Migration adheres to the Australian Privacy Act and the European Union’s General Data Protection Regulation (GDPR). ASC Migration stipulates that all Personal Data is subject to this Privacy Policy when it is transferred from any part of the European Union to Australia.  ASC Migration is responsible for the processing of Personal Data it receives and subsequently transfers to a third-party acting as an agent on its behalf. ASC Migration complies with all European Union and Australian Privacy Principles for all onward transfers of Personal Data from the European Union, including the onward transfer liability provisions.

Dispute Resolution. Disputes within the jurisdiction of the European Union or Australia should first be referred to the privacy officer at admin@ascmigrationvisas.com.au ASC Migration has committed to resolving complaints in a timely manner and acknowledgment of a complaint when it is received. Without prejudice to any other administrative or judicial remedy, customers and users always have the right to lodge a complaint with the relevant data protection supervisory authority in their resident country.

DISPUTE RESOLUTION

Customers and users agree that any dispute or claim against ASC Migration will be resolved by binding arbitration, rather than in court. By using the Products and Services or accessing the Websites or Portals, customers and users agree to not participate in or seek to recover monetary or other relief in any lawsuit filed against ASC Migration alleging class, collective and/or representative claims. Instead, by agreeing to arbitration, customers and users may bring claims against ASC Migration in an individual arbitration proceeding. Claims of more than one individual cannot be arbitrated or consolidated with those of any other individual. Customers and users acknowledge the advisement to consult with a solicitor in deciding whether to accept this Privacy Policy prior to using the Products and Services, Websites or Portals including this arbitration agreement. If any provision of this Privacy Policy is held to be invalid, the remaining provisions shall not be affected.

CHANGES TO ASC MIGRATION’S PRIVACY POLICY

As laws and best practices evolve, this Privacy Policy may change. ASC Migration will provide email notification to customers and users if changes to the Privacy Policy are material to them. Continued use of the Products and Services after modification constitutes acceptance to the Privacy Policy, as modified. We encourage periodic review of the Privacy Policy for the latest information on our privacy practices.

CONTACT ASC MIGRATION

For questions related to this Privacy Policy generally, or the General Data Protection Regulation, please email ASC Migration’s privacy officer at admin@ascmigrationvisas.com.au