Privacy Policy

1. Introduction

Visa Executive Pty Ltd ABN 93 120 911 275 (Visa Executive, us, we, our) respects your privacy and the sensitivity of the information you entrust to us.

Please read the following privacy policy (Privacy Policy) to understand how we collect, use, disclose, store, handle and protect personal information.  We hope that this will help you make an informed decision about sharing personal information with us.  As well as applying to our interactions with you, this Privacy Policy also applies to all information collected through our website https://www.visaexecutive.com/ (Website) and any and all other websites and/or platforms operated by us.

We have adopted a ‘privacy by default’ approach and are committed to ensuring that the collection, use and disclosure of personal information by us is fair and reasonable in the circumstances.

If you provide personal information to us on behalf of an employee or contractor to enable us to co-ordinate the employee’s or contractor’s visa requirements, by submitting personal information to us you represent and warrant to us that all necessary consents have been obtained from the individual so that we are permitted to collect, use and disclose such personal information in accordance with this Privacy Policy. If consents have been withdrawn by the individual, you must notify us immediately.

To the extent that any personal information is also privileged or subject to other regulatory requirements applicable to Visa Executive and its employees or contractors, you acknowledge that our terms of engagement will also apply.  To avoid doubt, this Privacy Policy sits alongside our terms of engagement and any other terms and conditions that apply to the services we provide to you.

2. What is personal information?

In this Privacy Policy, ‘personal information’ has the meaning set out in applicable privacy laws, including the Privacy Act 1988 (Cth) (Privacy Act).  In general terms, personal information is information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined in with that information.

Some types of personal information are classified as ‘sensitive information’ and/or ‘health information’, which are subject to additional protection under the Privacy Act. Sensitive information may include information about your racial origin and health status, and health information may include information about a health-related service you have had or will receive, including test results and appointment details.

3. What types of personal information do we collect?

The types of personal information we collect will depend on the purpose for which the personal information is collected.  This can include:

  • in the case of clients procuring our services – your name, billing or shipping address, email address, telephone number(s), payment information (including credit card information or alternative payment method account information, as this information will be processed by third party payment gateway providers); and
  • where we have been engaged by your (prospective) employer or a nominated service provider to assist you in the co-ordination of your visa requirements – personal information required by the relevant immigration authorities such as your name, address, email address, telephone number(s), date and place of birth, nationality, marital or other relationship status, employment history, information relating to any criminal and medical history information (whether fact or opinion) about an individual who is identified or reasonably identifiable from that information or other information combined in with that information.

4. How do we collect personal information?

Visa Executive only collects personal information that is reasonably necessary for us to provide you with our services. 

We collect personal information directly from you, including when you:

  • access or use our Website;
  • engage our services;
  • have authorised your (prospective) employer, principal or a nominated service provider to engage us to assist you in the co-ordination of your visa requirements, and we contact you by phone, email or via an online form to collect or clarify your personal information;
  • sign up to newsletters;
  • enter surveys or requesting information or material from us;
  • make inquiries about us or our services or otherwise communicate with us by email, by telephone, in person, via a website or otherwise; and
  • apply to work with us or are engaged by us as a contractor.

Where it is reasonable and practicable to do so, we will only collect personal information about you from you directly and not from third parties. However, where we are engaged to co-ordinate your visa requirements, we will predominantly collect personal information from your (prospective) employer or a nominated service provider authorised by you to submit such information on your behalf. 

We may also collect personal information about you from e.g. publicly available sources (such as LinkedIn) and from third parties such as from other migration agencies where permitted by law or as required in order to fulfil our role and duties as a service provider.

We also use the following technologies to collect technical information and general analytics:

  • cookies, which are used to enhance Website usability and anti-spam capabilities;
  • log files, which are used for contact forms and detect any bots on our Website; and
  • tags, which are used to record information about how you browse our Website and measure our Website’s performance.

You may disable your web browser from accepting cookies and other tracking technologies used to collect technical information and general analytics on you when browsing our Website.  If you do so, you can still access our Website, but it may impact your user experience.  You can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal. 

Can you choose not to disclose your personal information?

If you contact us to make a general enquiry about us or our business, you do not have to identify yourself or provide any personal information.  Alternatively, you can also notify us that you wish to deal with us using a pseudonym.  

If we cannot collect personal information about you or if you use a pseudonym, we may not be able to provide you with the information or assistance you require.  For example, we will not be able to send you information you have requested if you have not provided us with a valid email address or telephone number.

5. How do we use personal information?

Visa Executive may use personal information for the purpose of providing the services a client has requested (e.g. in the context of your visa application), as well as for related purposes such as:

  • to verify a person or persons’ identity or transactions which they may enter into with us;
  • to administer and manage the provision of our services;
  • to respond to queries, complaints or to provide client service and/or advice;
  • to provide relevant immigration-related agencies with relevant information as required;
  • to communicate with you, and to address any issues or complaints that we or you may have regarding our relationship or our services;
  • to comply with Visa Executive’s risk management policies and procedures; 
  • to comply with our legal obligations such as notifying you of matters that we may be required by law to do so;
  • to consider you for a job at Visa Executive (whether as an employee or contractor) or other relationships with us;
  • to train our personnel; or
  • for direct marketing purposes (see “Direct Marketing Communications” below).

We may also use or disclose your personal information for our administrative, marketing (including direct marketing), planning, product or service development, quality control, survey and research purposes and for other purposes to which you have consented, or as otherwise permitted or required by law. 

Technical information and general analytics is used for the purpose of improving our Website and our services.

Personal information will not be sold to anyone.

6. To whom do we disclose personal information?

We may disclose your personal information to third parties in connection with the purposes described above (see the “How do we use your personal information?” section).

This may include disclosing personal information to the following types of third parties:

  • the Department of Home Affairs (Immigration Department);
  • other relevant migration agencies;
  • any potential third party acquirer of our business or assets, and advisors to that third party;
  • our professional advisers (such as lawyers, accountants or auditors) and insurers;
  • our employees, contractors and third party service providers who assist us in performing our functions and activities e.g. payment systems operators and financial institutions, cloud service providers, data storage providers, shipping companies, telecommunications providers and IT support services providers;
  • third parties to whom you have authorised us to disclose your information (e.g. referees); and
  • any other person as required or permitted by law.

Please note that if a visa application process has been activated by your employer, principal or their respective nominated service provider and is related to your employment or contractor arrangement, information you provide to us may be accessed by your employer or their nominated service provider as part of the application process for temporary or permanent resident status. In addition, if we have been engaged by the employer or principal to assist you in this work, information we may disclose to your employer, principal or their respective nominated service provider may also include a copy of your visa approval letter and confirmation of your visa details, including date of visa expiry.

From time to time, Visa Executive may contract out some of our administrative and support functions such as information gathering, identification verification and other back office related functions to external contractors from time to time.  Only information necessary for the contractor to carry out their function will be provided and will be subject to confidentiality clauses in the relevant services agreement.  If we disclose your personal information to third parties we will use reasonable commercial efforts to ensure that such third parties only use your personal information as reasonably required for the purpose of disclosure and in a manner consistent with applicable laws, for example (where commercially practical) by including suitable privacy and confidentiality clauses in our agreement with a third party service provider to which we disclose your personal information.

7. Do we disclose personal information overseas?

Visa Executive stores personal information in Australia.  However, we may disclose personal information to our employees or contractors that are located in the United States of America.  We will take commercially reasonable steps to secure contractual commitments from such overseas recipients to handle your personal information in accordance with the Privacy Act.

8. Personal information submitted to the Department of Home Affairs

Where we have been engaged to assist you in the co-ordination of your visa requirements, we will disclose your personal information, including sensitive information, to the Department of Home Affairs (Department).

The Department is authorised to collect a range of personal identifiers including a facial image, fingerprints and a signature from non-citizens, including from visa applicants.  The Department requires personal identifiers to assist in assessing your identity.  Please note that the Department will disclose your personal information to other Commonwealth, state and territory government departments and agencies for the purposes of administering migration legislation, and when it may assist another agency to perform a regulatory function.

The Department is also involved in international information exchanges with a number of other countries.  These exchanges include the sharing of personal identifiers, including a facial image and fingerprint data collected by immigration agencies such as this department.  If, as a result of this sharing between countries, there is a match with your personal identifiers, the Department will disclose your biographic data and immigration history to the other agency.  The purpose of such disclosure would be to determine if you are presenting to the Department and the other agency under the same identity and making similar claims.

For more information on how the Department of Home Affairs uses your personal information please visit https://immi.homeaffairs.gov.au/help-support/departmental-forms/pdf-forms (Form 1243i).

9. How do we store personal information?

Visa Executive is committed to protecting and securing the personal information it holds.

We employ appropriate technical and organisational measures to protect personal information from misuse, interference and loss and from unauthorised re-identification, access, modification or disclosure.

  • Visa Executive exclusively stores personal information in computer storage facilities. We will take reasonable steps to protect personal information from loss, misuse, unauthorised access, modification or disclosure, and limit access to personal information to personnel with a legitimate need to use it consistent with the purpose for which the information was collected.
  • All Visa Executive Personnel are bound by internal policies and procedures (such as for complaint handling, compliance, cybersecurity, internet usage, and IT acceptable use) to take all reasonable steps to appropriately safeguard and protect personal information, and not to use personal information inappropriately.
  • Once personal information is no longer required to be retained, it is either destroyed or permanently de-identified.

However, particularly for electronic data stores and due to the fact that the Internet is inherently insecure, we cannot guarantee the security of transmission of personal information disclosed to us online.  Accordingly, you transmit your personal information to us online at your own risk and are encouraged to exercise care in sending personal information via the internet.  Please notify us immediately if you know or reasonably suspect that your personal information has been subject to any data breach, breach of security or other unauthorised activity.

To the maximum extent permitted by applicable law, we exclude all liability (including in negligence) for the consequences of any unauthorised access to, modification of, disclosure of, misuse of or loss or corruption of any personal information.  Nothing in this Privacy Policy restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law, including the Competition and Consumer Act 2010 (Cth), or any liability which cannot be excluded due to the operation of applicable laws.

10. How long do we keep personal information?

We are committed to data minimisation to the extent possible and commercially practicable.

Generally, we will retain your personal information for the period necessary for the purposes for which your personal information was collected (as outlined in this Privacy Policy) unless a longer retention period is required by law or if it is reasonably necessary for us to comply with our legal obligations, resolve a dispute or maintain security. Once personal information is no longer required to be retained, it is either destroyed or permanently de-identified.

11. Direct marketing communications

We will only send you direct marketing communications (either through mail, SMS or email), including offers any news and exclusive offers, promotions, or events, where you have consented to do so. You may opt-out of receiving direct marketing communications at any time by contacting us or by using opt-out facilities provided in the direct marketing communications.

12. How can you access or correct personal information?

It is important that the personal information we collect is and remains accurate, complete and up to date. We encourage you to help us by telling us promptly if your or any of your employees’ personal information changes (for example: changes to names, phone numbers or addresses).

You may request access to any personal information we hold about you at any time by contacting us at am***********@vi***********.com.  We will provide access to that information in accordance with the Privacy Act, subject to any exemptions that may apply.  If and to the extent required by law, we will identify the source of the personal information we have collected, and provide you with an explanation or summary of what we have done with your personal information.  We may charge an administration fee in limited circumstances, but we will let you know in advance if that is the case.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it by contacting us at am***********@vi***********.com.  Where we agree that the information needs to be corrected, we will update it.  If we do not agree, you can request that we make a record of your correction request with the relevant information.

You can also ask us to notify any third parties that we provided incorrect information to about the correction.  We’ll try and help where we can – if we can’t, then we’ll let you know.

Visa Executive will deal with any request relating to personal information within 30 days of receipt of a request and will inform you of the outcome of your request.

You may also have rights to access your personal information under the Freedom of Information Act 1982.

13. Queries or complaints?

If you have a query, concern or complaint about the manner in which your personal information has been collected or handled by us or would like to request access to or correction of the personal information we hold about you, please contact using the details provided below:

Designated responsible person/Privacy officer

Name:               Amanda Jane Tinner, Director

Phone:             0409 969 525

Email:               Am***********@vi***********.com
Address:          5 Longfield Street, Richmond, Victoria 3121, Australia

We are committed to resolving any complaints reasonably and to ensuring that we are doing the right thing by our customers. We will make all reasonable inquiries and your complaint will be assessed with the aim of resolving any issue in a timely and efficient manner. Visa Executive will deal with any request to provide access to, or correction of personal information within 30 days of receipt of a request.

If you have raised a complaint with us and you are unsatisfied with the outcome or have further concerns about the way we handle your personal information, under the Privacy Act, you may complain to the Information Commissioner at the Office of the Australian Information Commissioner, whose contact details are set out below:

Address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001

Phone:              1300 363 992

Online:              www.oaic.gov.au

Email:               en*******@oa**.au

14. Changes to this Privacy Policy

We may change or update this Privacy Policy from time to time to keep up to date with legal requirements and the way we operate our business.  An up-to-date version of this Privacy Policy is available at any time on this page. You are responsible for reviewing this Privacy Policy periodically and informing yourself of any changes. We suggest that you check back regularly. If we make significant changes to our Privacy Policy, we will seek to inform you by notice on our Website or by email.

Last updated: 21 June 2023