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About Data Security and Privacy

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SECURE CLIENT PORTAL TERMS AND CONDITIONS

GENERAL

These Terms and Conditions of Use (terms and conditions) relate to the use of QLD Immigration’s electronic secure client portal (the portal). The portal is made available to clients of QLD Immigration (referred to below as we, our or us) through the QLD Immigration website.

Access to the portal is given to clients under registration and approval of QLD Immigration only. Use of the portal automatically indicates your acceptance of these terms and conditions. The portal forms part of QLD Immigration’s website and by accessing the portal you agree to be bound by any terms and conditions of our website that may be current at the time of access, including the contents of our Privacy Statement.

QLD Immigration may amend these terms and conditions at its discretion and without notice by posting any amended terms and conditions on our website. The current terms and conditions will be available on our website at all times. By continuing to use the client portal you accept and agree to be bound by the current terms and conditions.

ACCEPTANCE

QLD Immigration will provide you with a user name and you will nominate a password to be used to access the portal. Only authorised users who are clients of QLD Immigration (including any of its subsidiary and related entities) may access and use the portal. However, we may approve registration and access to the portal for individuals who are not clients of QLD Immigration at our discretion.

These terms and conditions apply to accessing the portal for any reason. By accessing the portal you are indicating your acceptance of these terms and conditions.

WHAT YOU CAN DO

The portal will be used for communication with you as our client. As an authorised user of the portal you may access, view, use and download documents and files relevant to the services provided to you at any given time. You may receive a notification by email when we add a document or file to the portal.

Authorised users are also permitted to upload documents and files onto your personal portal for perusal, download and use by QLD Immigration in our provision of services to you. We will receive a notification when you add a document or file to the portal.

YOUR OBLIGATIONS AND RISKS

You are responsible for all costs and charges associated with your accessing the portal including, but not limited to, internet and telephone costs and charges.

You must only access the portal for legitimate and lawful purposes and in accordance with directions or instructions posted on our website from time to time. You agree not to upload any documents, images or files that might be considered offensive, discriminatory or unlawful.

You must keep your username and password details confidential and secure against unauthorised use at all times. QLD Immigration will not be held responsible for access to your confidential personal and financial information by an unauthorised third party to whom you have given your username and password details. You are responsible for any expense, loss, damage, costs, demands or liabilities arising out of or in connection with the use (including improper or unauthorised use) of your username and password details. If you suspect that your username and password has been lost, stolen or misused, please notify us immediately.

There is a risk that you may not be able to access your information through the portal at any given time. The portal is reliant on computer and telecommunications systems provided by third parties and disruptions to those systems may result in the portal being unavailable from time to time. We will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties and malfunctions in equipment or software.

Should you not comply with these terms and conditions, or otherwise misuse the Client Portal, or should QLD Immigration's service to the you for whatever reason be suspended or discontinued, then the right of access to the Client Portal shall cease and QLD Immigration has the right to terminate this agreement with no further need for proof of default and with immediate effect and to deny you access to the Client Portal with immediate effect.

AUTHORISATION

You authorise QLD Immigration to act on any instructions you provide using the Client Portal. However, we may choose not to act in accordance with your instructions where we reasonably believe those instructions are unlawful, contain fraudulent or bogus material or information, or may result in illegal consequences or pose a risk to our systems. Further, we may immediately refuse to process or complete any transaction or dealing of yours, suspend the provision of a product or service, or terminate your access to the Client Portal. We will be under no liability to you if we do any or all of these things.

We will act on any instructions, information or documentation received from you through the portal as quickly as possible. Once instructions, documents and/or information are received through the Client Portal, we will not contact you to check that the information and instructions are correct, or to confirm that we are to proceed to give effect to your instructions.

If you add any incorrect information or documentation to the Client Portal, you must notify us as soon as you become aware that the information is incorrect. If we act on your instructions or make use of documentation or information that is incorrect, fraudulent or bogus (whether deliberate or not), we will not be liable to you or to any third party for any loss or damage caused by us acting in accordance with your instructions or by making use of the documents or information. Further, we will not analyse your instructions to determine whether they are correct. As soon as the instructions, documents and/or information is added to the Client Portal by you, we are entitled to and will assume that it is correct.

WARRANTY AND AGREEMENT

By uploading documents, information or files to the portal, you warrant that:
  1. the information and documents you have supplied to us is accurate, complete and not misleading, deceptive, fraudulent or bogus; and
  2. you have read these terms and conditions and fully understand their nature and effect.

By accessing or using the Client Portal you agree:
  1. to advise us if you change your email address or if you are unable to access emails;
  2. to check your email at least weekly;
  3. to ensure that your email mailbox can receive email notifications;
  4. to at all times indemnify QLD Immigration and its employees, contractors, third party service providers, the provider of the Client Portal (Migration Manager Pty Ltd) from claims by third parties which are in any way connected with the services provided by and/or with the information made available via the Client Portal, including personal user information made provided by the Client.
  5. that we provide the portal through the internet on an “as-is” basis. Your use of the Client Portal is at your own risk.
  6. that we accept no responsibility for the following:
    • Indirect or consequential loss;
    • Losses related to data transmission;
    • Loss of profits, missed opportunity savings and damage resulting from business interruption;
    • Losses caused by loss or corruption of data;
    • Losses caused by unauthorised access to the Client Portal;
    • Losses resulting from insufficient speed and/or availability of the internet;
    • Losses (for instance fines or interest) arising from late provision of information or documentation necessary for the preparation of an application or proceeding;
    • Losses arising from the provision of inaccurate or incomplete information necessary for the preparation of an application or proceeding;
    • Losses arising from data lost as a result of using the Client Portal.
  7. that we do not accept any responsibility or liability for any expenses, loss, damage, costs, demands or liabilities howsoever caused arising out of or in connection the actions of hackers or the effects of viruses, worms or any other forms of corruptive code. We do not warrant, guarantee or make any representations as to the reliability, accuracy or completeness of the data or information provided to you through the secure client portal.
  8. that we do not warrant, guarantee or make any representations that your access to the secure client portal will be uninterrupted or free of error.
  9. that we do not warrant, guarantee or make any representations that data, information or files on the secure client portal will be secure from hackers, or free of viruses, worms or any other form of corruptive code.
  10. we may restrict, suspend, alter or terminate your access to the Client Portal at any time without cause and without notice to you;
  11. that you authorise us to store your documents, data and information with third party cloud storage providers, including the provider of this Client Portal service (Migration Manager Pty Ltd). You further understand, acknowledge and agree that these data storage providers may be based in locations outside of Australia.

SEVERABILITY & JURISDICTION

If any provision of these terms and conditions is deemed unlawful, void or for any reason unenforceable, that provision shall be deemed to be severable and shall not affect the validity of the remaining terms and conditions. These terms and conditions should be read in conjunction with the Privacy Statement located on the website.

These provisions are governed by the laws of the Commonwealth of Australia, and any and all disputes between the parties relating to these provisions will be referred to a competent Australian court.

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About Portal Security

Data Security, Privacy and Cookies Policy

QLD Immigration Client Portal

This information is provided so that you can better understand the security and privacy measures that have been put in place to protect the information that you provide using this Client Portal. This Client Portal is controlled by QLD Immigration and on their instructions the data is processed by Migration Manager Pty Ltd (as the Data Processor), which is located in Queensland, Australia. This overview is about the security and privacy Migration Manager (“we”) provide as the processor of the data you enter in to this Client Portal.

What personal data do you collect and store?

The Client Portal collects data and documents that you enter in to the various fields and pages. This data includes sensitive personal information that is entered by you for the purpose of being transferred to QLD Immigration.

Do you automatically collect other data or use Cookies?

We automatically receive certain types of data whenever you interact with the Client Portal. For example, when you use the Client Portal our systems automatically collect your IP address and the type of browser or operating system you use. We may also collect standard access data, such as the time and date of accessing the Client Portal, usage of the Client Portal and error tracking. We use such data to help us understand how our visitors use the Client Portal, to address performance issues and to manage security.

We also use session-based cookies to manage your login to the Client Portal. These session cookies exist only during one session and disappear from your computer when you close your browser or turn of your computer.

These processes and cookies do not collect data that individually identifies a visitor. All usage data that is collected is aggregated and anonymous. It is only used to tell us how our Client Portal is used so that we can optimize our users experience.

By using the Client Portal, you are consenting to our use of cookies and our collection and processing of usage data and the usage of services such as Raygun to assist us with this processing. Please note that if you decide not to accept our Client Portal cookies, you may not be able to use certain features of the Client Portal.

How and where is my personal data stored?

If you save your Assessment, we encrypt the personal data and files that you enter in to the Assessment App using the AES-256 standard, which is the same encryption standard used by banks to secure customer data. Encryption for storage is applied at the time the data and files are saved or submitted.

This Assessment App uses Azure for data storage using exclusively its data centres in Australia. Azure stores data over several large-scale data centres. According to Azure, they use military grade perimeter control berms, video surveillance, and professional security staff to keep their data centres physically secure. You can find more information about Azure’s security on their website.

How is my personal data transferred?

When you enter information into the Client Portal (including a web questionnaire) your data and files are sent between the Client Portal, the Client Portal servers and QLD Immigration’s processing software over an encrypted and secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.

Once your data is transmitted, your data is stored by QLD Immigration and authorised staff at QLD Immigration will be able to view the data you have provided via their Migration Manager desktop software.

Your information, including Personal Data, may be transferred to — and maintained on — computers and servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside Australia and choose to provide information to us, please note that we transfer the data, including Personal Data, to Australia and process it there.

How do I see or edit my personal data?

For Documents: If you have uploaded a document to the Client Portal, you can view details of what you have sent by clicking the + button next to the document list or by opening up the secure message used to submit the document. Note that once the document is submitted it is securely transmitted to QLD Immigration and then is deleted permanently from the Client Portal Server. You will need to contact QLD Immigration in order to view any document that has previously been uploaded.

For Questionnaires: If you have not submitted a Questionnaire, you can log in to the Portal you can edit your data by clicking through the pages/fields of the Client Portal and manually change your data yourself. Once you have submitted your Questionnaire, your data is automatically and permanently deleted from the Client Portal after it has been securely transmitted to QLD Immigration. If you would like your data to be edited after this point in time please contact QLD Immigration.

How do I delete my personal data?

If you would like your data deleted please contact QLD Immigration who are your Data Controllers. As Data Processors, Migration Manager can not edit or delete your data.

Is my personal data backed up?

Redundant backups of encrypted data stored in the Client Portal are stored in multiple locations in Australia to prevent the remote possibility of data loss. These backups include geo-replication of the data to a separate Azure data centre located in Australia. All back up are deleted automatically after 90 days.

Children

The Client Portal is not intended for use by children. Due to the nature of the services provided by QLD Immigration, personal details of children may be entered in to the Client Portal but only with the permission of an authorised adult responsible for that child.

Disclosure of Data and Compliance with Laws and Law Enforcement

Other than stated above, unless required by law, we do not share your data with any third party other than QLD Immigration. In compliance with the law of Australia, Migration Manager will cooperate with law enforcement agencies of Australia when it receives a valid legal request, which may require us to provide a copy of your encrypted data to those authorities.

Policy Changes

We may change this Policy at any time and from time to time. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Policy or other notice on the Website. We encourage you to review this Policy often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by this Policy.

Questions

If you have any questions or comments please contact us by email at:support@migrationmanager.com.au

Updated: 14 May 2018