Privacy Policy

Nanayakkara Worldwide Pty Ltd ATF The Nanayakkara Family Trust T/A Pinnacle Migration Australia takes privacy very seriously. We are also bound by and comply with the Australian Privacy Principles derived from the Privacy Act 1988 (Cth). This privacy policy (Policy) is dated March 2018 and governs the Pinnacle Migration Australia (Pinnacle Migration Australia/we). This Policy explains how we collect and use information that is provided to us through a website. This Policy applies to all information that we collect. Please read this Policy carefully. Please contact us if you have any questions.

The Type of Information Collected

The type of information that we collect includes personal information concerning clients, potential clients who contact us, as well as suppliers, consultants, employees and applicants for employment.

The personal information we collect may include:

Names; contact details including phone numbers, postal and/or residential addresses and email addresses; dates of birth; photographs; any facts or opinions that are connected to an inquiry that we are conducting on behalf of a client or potential client; and any other personal information that is provided through a website belonging to us or as otherwise requested by us or provided by you.

We may also need to collect sensitive information. Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. In referring to sensitive information, we mean: information or opinion concerning racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a profession or trade association, membership of a trade union, sexual orientation and practice, and criminal records; health information; and bio metric information.

The personal information (including sensitive information) collected will be referred to as “Information”. If you do not provide us with the Information we request, we may not be able to fulfill the applicable purpose of collection, such as to supply products or services to you. If we receive your Information from third parties, we will protect it as set out in this Policy and take reasonable steps to ensure you are aware that we have collected the Information about you and the circumstances of the collection.

If you provide us with third party personal information, then you warrant to us that you have the third party’s consent to do this. Purpose of Collection We will not collect Information unless such information is reasonably necessary for the purposes of:

• assessing whether we are able to act for an individual or group of individuals;
• providing migration advice;
• for market research, business development and marketing, including direct marketing;
• sending promotional information about third parties that we think may be of interest to you.

We may also contact you to voluntarily respond to questionnaires, surveys or market research to seek your opinion and feedback. We collect Information from individuals at the pre-client stage when an inquiry is made so that we can identify and assess whether we are able to act on that individual’s behalf. We will not consider acting for any individual who does not properly identify themselves as this could lead to a conflict of interest developing between our clients in the future. In some instances, we may also need to collect Information at the initial stage of an enquiry if it is directly relevant to the advice being sought. For our internal business purposes, we retain and safely store the Information that is provided to us at the pre-client stage as this enables us to respond more efficiently and to inform such persons of our other migration services or developments that may be of interest to them at a later stage.

We also collect the Information provided to us by our clients who have commenced instructing us to act in their matter. We collect all Information that is necessary to effectively conduct migration matters. Such Information is stored on our computer systems and within paper-based files as appropriate.

At the conclusion of migration assistance, we are required to keep legal files for a minimum period of 7 years from the closure of a legal file unless we are instructed to the contrary. Method of Collection In most circumstances, we will collect Information through completed questionnaires and forms that have been provided to us, interviews and telephone conversations.

Often, in the context of providing migration assistance we collect Information from external professional sources (i.e. health professionals, financial advisors, accountants, other legal parties and their legal advisors). With the exception of Information obtained from opposing legal parties, this Information will, in the usual course, be obtained under our clients’ express authority and will be securely stored on their file.

Information Security

The Information that is provided to us is stored on computer and paper-based files as appropriate. We endeavor to keep all Information safe by taking all reasonable precautions to protect Information from misuse, loss and unauthorized access, modification or disclosure.

How we handle Information

We believe that it is essential that all Information is kept confidential. We will not disclose Information to third parties, other than as set out in this Policy or without your consent, unless we are otherwise compelled by law.

Disclosure of Information

We may disclose the Information:

• to Department of Home Affarirs, Administrative Appeals Tribunal, Courts and other authorities if it's necessary to perform the agreed work undertaken by Pinnacle Migration Australia for you; and
• credit reporting agencies and courts, tribunals and regulatory authorities where you fail to pay for goods or services provided by us to you; and
• to third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct mail or digital marketing to you. This may include parties located, or that store data, outside of Australia.

We may also be compelled to disclose Information by law, for example, under court orders or statutory notices to produce documents under laws relating to social security, taxation, bankruptcy, anti-money laundering, counter terrorism and the management of incorporated entities. Where we disclose your personal information to third parties for these purposes, we will request that the third party follow this Policy regarding handling of your Information. If there is a change of control of our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible by law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser. We would seek to only disclose information in good faith. Information accessed within the Pinnacle Migration Australia and to other Third-Party Service providers, information may be accessed by personnel within the Group. All personnel within the Group are bound by the same confidentiality laws and standards that govern the Migration Agents within Australia and comply with the Australian Privacy Principles.

Third party service providers may also come into contact with Information when we outsource certain functions, such as: bulk mailing, direct mail or digital marketing, client experience research, company audits and information technology support. We have contractual arrangements in place with all of our third-party service providers to protect Information from unauthorized use or disclosure.

Marketing

As part of what we hope to be an on-going professional relationship with our pre-client and existing client base, we may from time to time send out information related to the other migration services that we offer using your Information. We do however respect the wishes of individuals who do not wish to receive such material from us in the future and have implemented simple ‘opt-out’ procedures that can be activated within the promotional e-mails and other commercial electronic messages that we may send you from time to time.

Improving Client Services

In order for us to better understand our clients’ needs, Information may also be shared within the client service members of Pinnacle Migration Australia. Because we are continually looking for ways to improve the quality of our Migration services, we may in the future ask our clients to participate in a client feedback survey conducted by external consultants who are experts in their field. We obtain client consent prior to disclosing Information to external consultants engaged for this purpose and we will respect the wishes of those who do not wish to participate.

Website

For statistical purposes we collect information on website activity (such as the number of users who visit our website, the date and time of visits, the number of pages viewed and location). We do not use this information to identify individuals, but it does provide us with statistics that can be used to analyze and improve our website and services.

Links to other websites

Websites belonging to the Pinnacle Migration Australia may contain links to other websites of interest. We do not have any control over those third-party websites. We are not responsible for or liable for the protection and privacy of any Information which you provide whilst visiting such third- party websites, and such third-party websites are not governed by this Policy.

Amendments

This Policy may be amended, including with changes, additions and deletions, from time to time in our sole discretion and notify you by posting an updated version of the Policy on our website. If at any point we decide to use Information in a manner materially different from that stated at the time it was collected we will notify users by email or via a prominent notice on our website, and where necessary we will seek the prior consent of our users.

Contact us about Privacy

Pinnacle Migration Australia operates a transparent Privacy Complaints Handling Policy that sets out our approach to resolving any privacy complaints in a fair and expeditious manner. For existing clients, we recommend that privacy related complaints are made directly to your Migration Agent - often a telephone call is all that is needed to resolve concerns. For all other complaints contact Pinnacle Migration Australia by email at [email protected] or by telephone on +61 8 9301 5540.