- clearly communicate the personal information handling practices of Axxis IQ
- give staff and others a better understanding of the personal information Axxis IQ holds
- enhance the transparency of Axxis IQ’s operations
First Issued / Approved
20 January 2020
Compliance Manager – Caitlin Carruthers
CEO – Alan Mutton
Version and Date
Version 2 – 14 December 2020
Privacy Act (1988) (Privacy Act)
Privacy Amendment (Enhancing Privacy Protection) Act 2012
National Vocational Education and Training Regulator Act 2011
The Privacy Act 1988 (Privacy Act) is an Australian law regulating the handling of personal information about individuals. This includes collection, use, storage and disclosure of personal information. The Privacy Amendment (Enhancing Privacy Protection) Act 2012 introduced significant changes to the Privacy Act, including 13 Australian Privacy Principles (APPs) which apply to the handling of personal information. As an Australian Government associated agency, Axxis IQ endeavours to always comply with the APPs.
Personal information is defined under the Privacy Act as information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not
- whether the information or opinion is recorded in a material form or not
Some examples of personal information include names, addresses, phone numbers and email addresses.
The definition of personal information only relates to ‘natural’ persons. It does not extend to other ‘legal’ persons, such as companies.
Under the Privacy Act, sensitive information is defined as:
(a) information or an opinion about an individual’s:
(i) Racial or ethnic origin
(ii) Political opinions
(iii) Membership of a political association
(iv) Religious beliefs or affiliations
(v) Philosophical beliefs
(vi) Membership of a professional or trade association
(vii) Membership of a trade union
(viii) Sexual orientation or practices
(ix) Criminal record
The following is also personal information;
(b) Health information about an individual
(c) Genetic information about an individual not otherwise health information
(d) Biometric information to be used for the purpose of automated biometric verification or biometric identification
(e) Biometric templates.
Generally, personal information is collected in order for Axxis IQ to properly and efficiently carry out its functions. Axxis IQ only collects personal information for purposes directly related to our functions or activities under the National Vocational Education and Training Regulator Act 2011 (NVR Act), or the Freedom of Information Act 1982 (FOI Act), and only when it is reasonably necessary for or directly related to Axxis IQ’s functions.
Axxis IQ will only collect sensitive information from individuals if the individual consents to the collection, unless:
- the sensitive information is required or authorised by law
- a permitted general situation exists
- a permitted health situation exists
- the sensitive information is required for an enforcement related activity
Axxis IQ uses personal information only for the purposes for which it was provided and for directly related purposes (unless otherwise required by or authorised under law). We also collect information in relation to employment services, human resource management, and other corporate service functions. Generally, the purposes for which Axxis IQ collects personal information are when an individual:
- submits an application relating to registration, including reconsideration of decisions relating to registration
- submits an online complaint form about a training provider
- submits an email complaint about Axxis IQ or an employee
- makes payment for an Axxis IQ fee or charge, either via application or over the telephone
- requires a refund payment from Axxis IQ
- submits a Freedom of Information (FOI) request via email
- contacts Axxis IQ seeking information or advice about Axxis IQ’s functions, application queries or to lodge a complaint
- is interviewed as part of an audit of a registered training organisation
- provides intelligence information to Axxis IQ for audit or investigation
- submits an application for, or commences employment with Axxis IQ, or
- as an employee of Axxis IQ, submits information to human resources for health records, or for a claim for compensation
An individual may, in some circumstances, such as lodging a complaint, prefer to remain anonymous, or to use a pseudonym, when interacting with Axxis IQ. Whilst this is acceptable to Axxis IQ, if they choose to do this, individuals should be aware it may make investigating complaints or providing specific information impractical, and may lessen Axxis IQ’s ability to provide its usual level of service.
Axxis IQ generally collects personal information directly from the individual or their authorised representative.
Sometimes personal information is collected from a third party, or a publicly available source, but only if the individual has consented to such collection, or would reasonably expect us to collect their personal information in this way. Axxis IQ may also collect personal information from a third party for a specific purpose, such as an investigation, or when an Axxis IQ is in the process of closing down and Axxis IQ collects student information for the purpose of placing affected students with another training provider.
If Axxis IQ collects personal information from a third party, Axxis IQ will take reasonable steps to inform affected individuals their personal information has been collected from a third party as soon as practicable after the collection has taken place. See 4.2 – notifying the individual if information is collected from a third party.
If Axxis IQ receives unsolicited information, it will determine if the information is required to carry out its functions. If Axxis IQ determines the information is not required, and does not form part of a Commonwealth record, it will destroy or de-identify the information as soon as practicable.
If Axxis IQ determines the information is required, then the information will be treated as solicited information as per Item 4 Solicited information.
When collecting personal information directly from an individual, Axxis IQ will take reasonable steps to notify, or otherwise ensure the individual is aware:
- how to lodge a complaint regarding a breach of the APPs.
- Axxis IQ will not disclose an individual’s personal information to overseas recipients.
If Axxis IQ collects personal information from someone other than the individual (e.g. referees or witnesses to work activities), or the individual may not be aware the organisation has collected the personal information, reasonable steps will be taken to notify the individual or otherwise ensure the individual is aware:
- Axxis IQ has collected the information
- of the circumstances of the collection, including
- from whom the information was collected, and
- the law under which Axxis IQ collected the information
- to whom Axxis IQ may disclose the information, and
- of the consequences of Axxis IQ not collecting the information
Axxis IQ will only use and disclose personal information for the primary purposes for which it was collected unless:
- the individual has consented to the information being used for a secondary use or disclosure
- the individual would reasonably expect Axxis IQ to use or disclose the information for the secondary purpose and the secondary purpose is related to the primary purpose, or
- the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order
- a permitted general situation exists in relation to the use or disclosure of the information, for example, if Axxis IQ believes the use or disclosure is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or
- Axxis IQ reasonably believes the use or disclosure of the information is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body.
Axxis IQ will only use sensitive information for a secondary purpose if it is directly related to the primary purpose.
Some personal information provided to Axxis IQ through application forms will be published on the national register, training.gov.au, in accordance with section 216 of the NVR Act. The information may also be shared with state and territory government and other Australian Government authorities and ministers, occupational licensing bodies, overseas authorities, and others in accordance with the information sharing provisions contained in the NVR Act or the provisions of the Privacy Act.
In situations where Axxis IQ may disclose personal information overseas, Axxis IQ will take reasonable steps to ensure the overseas entity will comply with the APPs.
Axxis IQ will only use personal information for direct marketing purposes where it could be reasonably expected the individual would be aware Axxis IQ would use the information in this way.
Axxis IQ will take reasonable steps to ensure the personal information we collect is accurate, up to date and complete. These steps include maintaining and updating personal information when we are advised by individuals their personal information has changed, and at other times as necessary. Axxis IQ will also take reasonable steps to ensure the accuracy and completeness of the information prior to any disclosure of the information.
Axxis IQ takes steps to protect the personal information we hold against interference, loss, unauthorised access, use, modification or disclosure, and against other misuse.
When no longer required, personal information is destroyed in a secure manner, or deleted in accordance with Axxis IQ’s Records Management Policy, in compliance with the General Disposal Authority issued by the National Archives of Australia.
Unless Axxis IQ is authorised to refuse access to information under the FOI Act or any applicable provisions of any law of the Commonwealth, Axxis IQ will grant an individual’s request for access to the personal information Axxis IQ holds about them.
Individuals may also request Axxis IQ correct any personal information about the individual Axxis IQ holds. Axxis IQ will only update the information if it is satisfied the information it holds is incorrect. If Axxis IQ is satisfied an individual’s personal information is incorrect, Axxis IQ will take reasonable steps to correct this information to ensure it is accurate, up-to-date, complete, relevant and not misleading.
Axxis IQ will provide a response to any request for access or correction to personal information within 30 days. If refusing the request, Axxis IQ will provide a written statement of reasons for the refusal and remind the individual of the available complaint mechanisms, which are outlined below in 17. Complaints. For the purpose of clarity, Axxis IQ will also take reasonable steps to associate a statement with the personal information it refuses to correct.
Individuals will not be charged for requests for access or correction to their personal information.
Members of the public should direct their requests to Axxis IQ’s Privacy Contact Officer. Axxis IQ staff should direct their requests to the Manager, Human Resources.
Individuals may also make a request to Axxis IQ for access, amendment or annotation to their personal information under the FOI Act. Axxis IQ will respond to these requests in accordance with the FOI Act. If unsatisfied with the response received from Axxis IQ, an individual may seek an internal review of the FOI decision from Axxis IQ. An individual may also request the Australian Information Commissioner review Axxis IQ’s decision.
In accordance with the Freedom of Information (Charges) Regulations 1982, Axxis IQ does not charge for request for, or access to personal information.
If a member of the public wishes to lodge a complaint about how Axxis IQ handles personal information, or if they feel Axxis IQ has breached the APPs, they can contact Axxis IQ to discuss the matter. If an employee of Axxis IQ wishes to lodge a complaint about how Axxis IQ handles personal information, or if they feel Axxis IQ has breached the APPs, they can contact the Chief Executive Officer or their representative.
Axxis IQ Compliance Manager: Ms. Caitlin Carruthers
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are a student or prospective student, please contact Axxis IQ
If you have any questions or complaints about privacy, confidentiality or access to your personal information, and are Axxis IQ employee, please contact the designated officer.
21. Internet advertising cookies and OPT-OUT
You may opt-out of the Google cookie at any time by going to your Google Ad Settings and the Facebook cookie by going to your Facebook Ad Settings.
22. Internet information we may collect and how we may use it
We may collect the following types of information:
Information you provide
When you sign up with or make a purchase from Axxis IQ, we may ask you for personal information. We may combine the information you submit with information from other Axxis IQ services or third parties to provide you with a better experience and to improve the overall quality of our services. This will not occur without your consent unless necessary for site security. This data is retained for as long as you have an active account with Axxis IQ or until you opt out of promotional email, SMS or other services.
When you access the services of Axxis IQ via browser, application, or other clients, our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. These logs are retained for some time and are used for anti-fraud and website security purposes. After some time, these logs are automatically deleted.
When you access Axxis IQ services via browser, application, or other clients, we may record certain information using a traffic analysis tool such as Google Analytics. This information is stored in an anonymous manner, but may include data such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. These logs are retained for several months and are used for content and marketing planning purposes so that we can improve our content and services. After some time, these logs are automatically deleted.
When you send an email or other communications to Axxis IQ, we may retain those communications to process your inquiries, respond to your requests and improve our services. When you send and receive SMS messages to or from one of our services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services or products but never to send you communications that are not related to your purchases or that you have opted out of.
Affiliated Axxis IQ services on other sites
Third Party Applications
Axxis IQ may offer location-enabled services. If you use those services, Axxis IQ may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID). This data is not recorded without your permission and is not held for any longer than the period required to deliver the specific service.
Other internet sites
In addition to the above, we may use the information collected to:
- Provide, maintain, protect, and improve our services (including advertising services) and develop new services; and
- Protect the rights or property of Axxis IQ or our users.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
Axxis IQ processes personal information on servers in Australia however in some cases, we may process personal information outside your own country.
Where possible, you may use the Axxis IQ website to review and control the information stored in your Axxis IQ account. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Note: some Axxis IQ features and services or future features and services, may not function properly if cookies are disabled.
24. Information Sharing
Axxis IQ only shares personal information with other companies or individuals outside of Axxis IQ in the following limited circumstances:
- We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of Axxis IQ, its users, or the public as required or permitted by law.
25. Information Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Axxis IQ employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution if they fail to meet these obligations.
26. Accessing and Updating Personal Information
When you use Axxis IQ services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes.
We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may also remain in our backup systems for a period of time.
END of Policy