Effective Date: 1 December 2019
1.1 “Personal Information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.2 Personal Information collected may include (but is not limited to) the following:
2.1 We collect your Personal Information to allow us to conduct our business functions, to market and sell our products and services and for the specified purposes set out in paragraph 4.
2.2 We collect your Personal Information in the course of providing you with goods or services, or when you:
2.3 We may also collect Personal Information about you via third parties (i.e. other organisations, such as test venues). However, we will only collect your Personal Information in this way if it is unreasonable or impractical to collect this information directly from you or if we are otherwise permitted to do so.
3.1 Personal information may be collected by us and by our third-party service providers who act on our behalf and under our instructions in operating the Website and providing you with our products or services.
4.1 We use the Personal Information we collect about you for our business functions and activities, which are listed below.
4.2 Provision of products and services:
4.3 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy our obligations under applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.
4.4 We may otherwise collect, use or disclose your Personal Information, where the collection, use or disclosure is:
5.1 We may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 4. Depending on the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us, on our behalf and under our instructions or through us, or to other third parties where requested or indicated by you.
5.2 We may also disclose your Personal Information to relevant recognising authorities, and to third parties who operate test venues for the purpose of conducting tests.
5.3 We are required to disclose Personal Information to regulatory authorities in certain circumstances. In these circumstances we endeavour to only disclose the necessary Personal Information to satisfy our obligations under Australian or any other law.
5.4 We may also disclose your Personal Information to our website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.
6.1 Some of your Personal Information may be transferred, stored, processed or used outside of Australia and/or outside of the European Union by us or by third party service providers. This may happen if our related entities or venture partners are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection (such as when you attend a test venue outside of Australia).
6.2 Furthermore, your Personal Information may be disclosed to, accessed by or stored by any third-party operating test venues in countries outside of Australia and/or outside of the European Union for the purpose of conducting tests in those countries. Your Personal Information (including your test results) may also be disclosed, without your instructions, to relevant recognising authorities located outside Australia and/or outside the European Union and which may receive your results as specified in paragraph 5.
In any event, should a transfer of your Personal Information occur, you will be informed of the collection, use, storage and processing of your Personal Information in those countries and the other countries referred to in this paragraph 6. Where required by applicable privacy laws, we take steps in order to ensure any overseas transfer of Personal Information is affected in compliance with the appropriate organisational and technical means (including e.g. EU Commission’s model clauses for data transfers or European Commission’s adequacy decision). Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your Personal Information.
7.1 You are entitled to access Personal Information that we hold about you. If you request access to your Personal Information, in ordinary circumstances we will give you access to your Personal Information. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where we are required by law to give those reasons.
7.2 You can access and correct some of your Personal Information through the Website by logging into your account and updating or editing your profile at any time. Alternatively, a request for access can be made by contacting us via email using the following email:email@example.com.
7.3 We take all reasonable steps to ensure that any Personal Information we collect, and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. Please tell us if any change occurs in the Personal Information you provided us with, notably by updating or editing your profile or contacting us in any of the ways specified in paragraph 10 if you believe that the Personal Information is inaccurate or incomplete, and we will correct the information.
7.4 If you reside within the European Union, you have the right to ask for a copy of your Personal Information and/or ask for it to be ported to another provider of your choice. Please note that such a request could be limited to the sole personal information you provided us with or that we hold at that given time and subject to any relevant legal requirements and exemptions, including identity verification procedures.
8.1 We aim to keep your Personal Information secure using appropriate technical and organisational means. Any Personal Information we hold, in hard copy or on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.
8.2 We store your Personal Information for as long as necessary to provide the services and fulfil the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes and enforcing the agreements to which we are a party. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your Personal Information is no longer necessary for purposes for which it is processed and we have no legal obligation to retain that Personal Information, we will remove it from our systems and destroy all record of it.
9.1 If you:
9.2 We will investigate your queries and concerns within a reasonable period of time and will notify you of the outcome of our investigation.
If you reside in Australia, you may obtain information about privacy and lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. Minerva Testing Limited is registered with the Information Commissioner’s Office in the UK.