Privacy Policy

1. About this policy

1.1 This Privacy Policy applies to Nova Apex Pty Ltd (ABN 86 666 273 838), in connection with its Elite Immigration Advisory practice (we, us and our). It explains how we collect, hold, use and disclose personal information in connection with our website, enquiries, consultations and professional services.

1.2 This policy covers information about applicants, clients, former clients, sponsors, family members, employer representatives and other individuals involved in an enquiry or matter.

1.3 We handle personal information in accordance with the laws and professional obligations applicable to our activities. These include the Privacy Act 1988 (Cth) and Australian Privacy Principles where applicable, the Migration (Migration Agents Code of Conduct) Regulations 2021 (Code of Conduct) and relevant State health-information laws, including the Health Records Act 2001 (Vic) where applicable.

1.4 This policy describes our information-handling arrangements. It does not constitute a service agreement, authorise a disclosure requiring separate consent, or exclude any right or obligation that cannot lawfully be excluded.

2. Personal information we collect

2.1 We collect personal information reasonably necessary to respond to enquiries, provide agreed services and discharge our legal and professional obligations. An initial enquiry will ordinarily require your name, contact details and a brief description of the assistance sought.

2.2 Depending on the matter and the services requested, relevant information may include:

• names, previous names, dates of birth, nationality and contact details;
• passports, identity documents, citizenship records and travel history;
• visa applications, decisions, conditions, refusals, cancellations and immigration correspondence;
• family relationships, dependants, sponsorship arrangements and relationship evidence;
• qualifications, English-language results, skills assessments and employment history;
• business, recruitment, position and remuneration information concerning employer-sponsored matters;
• financial records, payment information and evidence of financial support; and
• instructions, advice, correspondence and supporting documents associated with the matter.

2.3 We do not require every category of information from every person. The nature and extent of the information sought depend on the services involved and applicable requirements.

3. Sensitive information

3.1 A matter may require sensitive information, including health or disability information, criminal history, racial or ethnic origin, religious beliefs, sexual orientation or information about intimate relationships.

3.2 We seek sensitive information only where reasonably necessary for the relevant services or another lawful purpose. We explain the purpose of collection and obtain consent where required, unless a lawful exception permits or requires collection without consent.

3.3 Please do not submit passports, medical reports or other sensitive documents through an initial website enquiry. We will explain how to provide documents when they are required.

3.4 Visiting our website, reading this policy or making an enquiry does not, by itself, constitute consent to the collection of sensitive information.

4. How we collect information

4.1 We ordinarily collect information directly from you through enquiries, consultations, questionnaires, email, telephone discussions and documents you provide.

4.2 With appropriate authority, or where otherwise permitted by law, we may obtain relevant information from an authorised representative, family member, sponsor, employer, education provider, skills assessing authority, professional adviser, government body, previous migration representative, public register or another lawful source relevant to the matter.

4.3 If you provide another person's information, you must have appropriate authority to do so. We may require evidence of that authority, communicate directly with the individual or obtain their consent. For children and individuals requiring assistance to give instructions, we take appropriate steps to establish who is authorised to act on their behalf.

4.4 If we receive unsolicited information, we assess whether we may lawfully retain it. Where retention is inappropriate or unlawful, we take reasonable steps to securely destroy or de-identify it, subject to applicable record-keeping obligations.

5. Purposes of collection and use

5.1 We collect and use personal information to:

• respond to enquiries and arrange consultations;
• verify identity and authority to give instructions;
• assess migration or citizenship options and provide advice;
• prepare, lodge and manage applications within the agreed scope of services;
• communicate with you and appropriately authorised parties;
• obtain documents, address evidentiary gaps and respond to correspondence;
• administer appointments, invoices, payments and business records;
• manage complaints and meet legal, regulatory and professional obligations; and
• maintain the security and operation of our website and business systems.

5.2 If necessary information is withheld, incomplete or inaccurate, we may be unable to provide reliable advice, progress an application or provide the requested service.

5.3 You may make a general enquiry anonymously or using a pseudonym where lawful and practicable. Identity verification will ordinarily be necessary before we undertake application work or act on your behalf.

6. Confidentiality and disclosure

6.1 We treat client information as confidential. Under the Code of Conduct, our registered migration agents must not disclose, or allow disclosure to a third person of, personal information relating to a client, former client or their affairs without the client's written consent, except where disclosure is required by a law of the Commonwealth, a State or a Territory.

6.2 This policy does not replace the written consent required by the Code of Conduct. The recipient categories below do not themselves authorise disclosure of confidential client information.

6.3 Subject to applicable confidentiality duties, your instructions and any required consent or authority, recipients may include:

• the Department of Home Affairs and other relevant government bodies;
• State or Territory nomination authorities and skills assessing bodies;
• review bodies, courts and regulators;
• authorised sponsors, employers, family members and representatives;
• interpreters, translators and professional advisers; and
• service providers supporting authorised business functions.

6.4 We limit disclosure to information relevant to the authorised or legally required purpose. A person's status as a spouse, sponsor, employer or fee payer does not automatically entitle that person to another individual's confidential information. Where several people are involved, we clarify whom we represent and the information-sharing arrangements.

6.5 Client information is not automatically available to other businesses or activities associated with Nova Apex Pty Ltd.

7. Service providers and overseas handling

7.1 External services support website hosting, communications and other business functions. Information handled through those services may be stored, processed or accessed outside Australia.

7.2 Our website is hosted by Squarespace. Squarespace identifies servers in the United States and provides services to Australian customers through Squarespace Ireland Limited. Website information may therefore be processed in the United States and Ireland, and in other countries in which Squarespace or its service providers operate. Further information is available in the Squarespace Privacy Policy and Data Processing Addendum.

7.3 A matter may also require authorised communication with overseas relatives, institutions, employers or authorities. The destination countries depend on the circumstances of the matter and the relevant instructions and authority.

7.4 Before arranging an overseas disclosure, we consider applicable privacy requirements, confidentiality duties and the required authority. Where applicable law requires, we take reasonable steps to ensure the overseas recipient handles information consistently with the relevant Australian privacy protections.

7.5 Acceptance of this policy is not consent to unrestricted overseas disclosure and does not waive applicable privacy protections or the requirement for separate written client consent.

8. Website information and cookies

8.1 Our website and hosting services may collect technical information, including IP addresses, browser and device details, pages visited, referral information and access dates and times.

8.2 Squarespace uses necessary cookies to support website functions. Analytics and performance cookies may also operate depending on the settings enabled. These technologies may assist in understanding website use and improving its operation.

8.3 Our website uses Google Tag Manager to manage website tags. Information collected by individual tags depends on the services enabled. Google's information-handling practices are described in the Google Privacy Policy.

8.4 You may manage cookies through your browser settings and any cookie controls provided on the website. Restricting cookies may affect website functions.

8.5 You do not need to provide passports, medical reports or detailed financial documents merely to browse our website. Linked third-party websites have their own privacy practices, which you should review before providing information to them.

9. Marketing and practice updates

9.1 Making an enquiry or engaging our services does not automatically subscribe you to marketing communications.

9.2 If you choose to receive newsletters or practice updates, we use the relevant contact details for that purpose, subject to applicable law. You may withdraw that choice using the unsubscribe instructions in the communication or by contacting us. We do not charge for an unsubscribe request.

9.3 Unsubscribing does not prevent correspondence reasonably necessary to administer an existing matter, perform agreed services or meet legal obligations.

9.4 We do not sell personal information. We do not use sensitive client information for marketing without express consent.

10. Storage and security

10.1 Information is held in electronic records and, where relevant, physical files, including records maintained through authorised service providers.

10.2 We take reasonable steps to protect personal information against misuse, interference, loss and unauthorised access, modification or disclosure. In determining appropriate safeguards, we consider the sensitivity of the information and the risks involved.

10.3 Please advise us of particular confidentiality or communication requirements, including where an email address, telephone number or postal address is shared or unsafe to use.

10.4 Electronic transmission and storage cannot be guaranteed to be free of all risk. If you suspect information has been sent to an unintended recipient or accessed without authority, contact us promptly so that we can investigate. This statement does not limit any duty imposed on us by law.

11. Retention and disposal

11.1 In accordance with the Code of Conduct, we take all reasonable steps to retain client files for seven years after the last action on the file for the relevant client. A longer period may apply where required by another legal obligation or justified by a continuing lawful purpose.

11.2 Enquiry records, administrative information and website data are retained having regard to their purpose, applicable obligations and any reasonable need to address complaints or disputes.

11.3 When information is no longer required for a lawful purpose, we take reasonable steps to securely destroy or de-identify it, subject to applicable retention obligations. Copies in backups may remain until the relevant backup is securely overwritten or expires.

11.4 A deletion request does not override mandatory record-keeping requirements. Where information must be retained, we will explain the relevant reason, subject to any restriction imposed by law.

12. Access and correction

12.1 You may request access to personal information we hold about you or correction of information that is inaccurate, out of date, incomplete, irrelevant or misleading.

12.2 Please contact us using the details below and identify the information or correction sought. We may take reasonable steps to verify your identity and authority before releasing information or altering records.

12.3 We aim to respond within 30 calendar days, subject to any different applicable legal requirement. If further time is reasonably needed, we will explain the reason and provide an expected response date.

12.4 There is no charge for making an access or correction request or for correcting personal information. If a lawful charge for providing access is proposed, we will explain it before proceeding.

12.5 Access may be restricted where a lawful exception applies, including where disclosure would improperly affect another individual's privacy. Where required by law, we will give reasons for refusal and explain the available complaint process.

12.6 If we refuse a correction request, you may ask us to associate a statement of your position with the relevant information, in accordance with applicable law.

13. Privacy and security incidents

13.1 On becoming aware of a suspected privacy or security incident, we take appropriate steps to contain it, assess the circumstances and reduce potential harm.

13.2 Where notification is required under the Notifiable Data Breaches scheme or another applicable law, we notify the relevant regulator and affected individuals as required, including information about practical protective steps.

14. Questions and complaints

14.1 Please contact us if you have a question about this policy or believe that your personal information has been mishandled. Describe the concern, relevant dates and your preferred contact details.

14.2 We will assess the concern, make appropriate enquiries and explain our response. We aim to respond within 30 calendar days and will advise you if further time is reasonably required.

14.3 You may also contact the following bodies for matters within their respective jurisdictions:

• the Office of the Australian Information Commissioner, for privacy complaints;
• the Victorian Health Complaints Commissioner, for relevant complaints concerning health information; and
• the Office of the Migration Agents Registration Authority, for concerns about a registered migration agent's professional conduct.

14.4 The OAIC generally expects a complaint to be raised with the organisation first, allowing a reasonable opportunity for a response. Nothing in this policy restricts your right to seek assistance from a regulator or exercise any other available legal right.

15. Contact details

15.1 Please address privacy requests and complaints to:
Privacy Contact — Elite Immigration Advisory
Nova Apex Pty Ltd
Level 1, 132 Smith Street
Collingwood VIC 3066, Australia

15.2 Email: contact@elite-visa.com.au
Telephone: 03 9598 2280

15.3 Clearly identify correspondence relating to a privacy request or complaint so that it can be directed appropriately.

16. Changes to this policy

16.1 We review this policy when our services, systems or legal obligations change. The current version is made available on our website with its effective date. You may request a copy free of charge.

16.2 Amendments to this policy do not replace any separate consent or authority required to collect, use or disclose personal information.