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PRIVACY POLICY

Preamble

Access to our website and content, referred to here as ‘site’, is strictly subject to the terms and conditions outlined in the agreement below. In this agreement, “we” and “us” refer to “HIGHER EDUCATION ADMISSION TEST SERVICES” also known as “HEATS” and “test” refers to the specific “HIGHER EDUCATION ADMISSION TEST” also known as “HEATS” ‘the Site/website’ refers to any website or content associated with HEATS and “you” refers to the applicant. “Purpose” is defined as using a good or service for its intended use.

Introduction

By you registering for and/or sitting a HIGHER EDUCATION ADMISSION TEST (HEAT) Higher Education Admission Test Services (HEATS) will collect your personal information to prepare for, administer and finalise all activities to satisfy the purpose for which you may sit HIGHER EDUCATION ADMISSION TEST, including:

  1. disclosing to the Registered Training Organisation (RTO), Tafe’s and Universities that require HIGHER EDUCATION ADMISSION TEST scores disclosing your personal information for identification. This includes but is not limited to; name, date of birth, address, email and any other identifying details
  2. investigating any suspected misconduct and determining and administering any consequences for misconduct;

Adherence to the Law

In respect of any act or omission of HEATS concerning your personal information, in pursuit of the
Purpose, HEATS may be subject to the:

  1. Privacy Act 1988 (Cth) (Privacy Act); and /or
  2. Australian Privacy Principles (APP)

The personal information HEATS may collect in pursuit of the Purpose:

The information HEATS may collect in pursuit of the Purpose about you includes your:

  • registration information
  • payment details
  • test answers and results
  • application (if any) for special testing conditions including health information
  • identification information; and
  • communications with HEATS relating to the Purpose

The Privacy Act: What happens with your information

To the extent of the applicability of the Privacy Act to your Personal Information collected in pursuit of the Purpose:
You CONSENT to HEATS:

    1. Collecting and using any sensitive (such as health) information, for example, in case you need special consideration in sitting HIGHER EDUCATION ADMISSION TEST;
    2. Collecting, storing, using, disclosing and transferring OUTSIDE OF AUSTRALIA, for purposes
      related to your registration, your personal information in accordance with this privacy policy. YOU ARE NOTIFIED that the persons to whom the information is disclosed outside of Australia have no obligation to abide by the Australian Privacy Principles contained in the Privacy Act. The consequences of this may be,the:

i) country of the person may not have similar privacy laws or measures by which you may pursue any of your rights in respect of privacy as that of Australia; and
ii) The person may not handle your personal information in the manner designated under the Australian Privacy Principles and you may not have any mechanism with which to seek a solution.

Should you not wish to provide the above consents or wish to access and/or amend your personal
information or wish to make a complaint related to privacy please contact the HIGHER EDUCATION ADMISSION TEST SERVICES Office Via the contact us page on the vocationaltest.com.au website

Legal basis for processing your information

  1. By registering for a HEAT, HEATS will be required to collect, store, use and share information about you in pursuit of the Purpose and for reasons deemed necessary for the performance of your contractual agreement with HEATS.
  2. HEATS will obtain explicit consent from you when collecting or handling special information in order to assist with health, disability or special assistance you need to undertake the HIGHER EDUCATION ADMISSION TEST
  3. Processing of your personal data may also be necessary for the pursuit of HEATS’s legitimate interests (see below) or by a third party’s legitimate interests -but only where it is not unwarranted and will not cause a prejudicial effect on your rights and freedoms, or legitimate
  4. Processing of your personal data may also be necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the consortium of Universities instigating HIGHER EDUCATION ADMISSION TEST.
  5. Processing of Special Categories data is necessary for the statistical and research purposes in accordance with article 89(1) based on the duties in any relevant equality or discrimination laws.

Legitimate interests

HEATS has a legitimate interest in:

  1. Providing you with HIGHER EDUCATION ADMISSION TEST to assist you in pursuing higher education
  2. Safeguarding and promoting your welfare and the welfare of other students;
  3. Promoting the objects and interests of HEATS;
  4. Facilitating the efficient operation of HEATS;
  5. Ensuring that all relevant legal obligations of HEATS are complied with; and
  6. Defense of legal claims

Third Party legitimate Interests

In addition, your Personal Data may be processed for the legitimate interests of others. For example:

      1. Banking or other financial institutions in respect of payment of fees, refunds or charge backs;
      2. Potential providers of tertiary education you have approached;
      3. Professional or statutory bodies responsible for the management of university admissions;
      4. Government agencies with duties relating to prevention and detection of crime, collection of a tax or duty or safeguarding national security; or
      5. When investigating a complaint.
      6. Invigilation and proctoring services to ensure academic integrity

    Disclosure of your Personal Data

    Personal Data is protected by HEATS and will not be disclosed to third parties without consent other than those in the pursuit of purpose, or, as is permitted by law. This section outlines the major organisations and the most common circumstances in which HEATS discloses your Personal Data.
    Where necessary in pursuit of the Purpose, your Personal Data may be:

      1. shared internally within HEATS and/or its related contracted SERVICES provider companies for the Purpose; and
      2. disclosed to:
        • Banking or other financial institutions in respect of payment of fees, refunds or charge backs;
        • Potential providers of education you have approached;
        • Professional or statutory bodies responsible for the management of university admissions;
        • Government agencies with duties relating to prevention and detection of crime, collection of a tax or duty or safeguarding national security; and
        • Your parents or guardians where consent has been obtained.

        Cross-border data transfers

        HEATS is based in Australia and any activity in respect of your Personal Data mainly occurs in Australia and exclusively in pursuit if the Purpose. Some of the Recipients of your Personal Data detailed above may be located outside the Australian Area. If your personal information is collected from any area other than Australia Area you acknowledge that you understand that your data will be transferred to Australia in pursuit of the Purpose.

        Retention periods

        HEATS may retain your Personal Data collected in pursuit of the Purpose for a period of up to ten years, for your assistance, so you or your relevant education provider can verify results and Personal Data. You photo ID if collected by HEATS will be deleted after 3 months.

        Your rights

        Under the APP you have a right of access to your Personal Data which HEATS holds about you, subject to certain exemptions, by way of making an access request via the contact us form on the vocationaltest.co.au website.

        If you submit an access request to HEATS, you are entitled to:

        • Be told whether HEATS holds any Personal Data about you;
        • Be given a description of the Personal Data, the reasons it is being processed.
        • Be given a copy of the information comprising the Personal Data and given details of the source of the data (where this is available);
        • Be told the purpose of Processing;
        • Be told the categories of Personal Data concerned;
        • Be told the period data will be stored;
        • Be told the right to request rectification, erasure or restriction of processing;
        • Be told the right to lodge a complaint; and
        • Be told the existence of automated decision making including profiling.

        These rights apply to electronic Personal Data, and to Personal Data in “manual” (i.e. non-electronic) formats subject to certain exemptions.

        Exemptions to your rights

        The APP includes various exemptions in which a Data Controller can refuse to provide access to Personal Data under section 12.3. The most likely situations in which HEATS could refuse to release information in response to a subject access request are where:

        • The release of the information would jeopardise the prevention or detection of crime, or the
          apprehension or prosecution of offenders;
        • The request relates specifically to access to assessment material;
        • The request relates to Personal Data contained in HEATS’s or the HIGHER EDUCATION ADMISSION TEST consortium’s confidential information;
        • The request relates to Personal Data which records HEATS’s intentions in relation to any negotiations with you, and the release of the Personal Data would prejudice the negotiations;
        • The Personal Data requested is covered by legal professional privilege;
        • The Personal Data requested relates to management forecasting or management planning, and its release to you would prejudice HEATS’s business or activities;

        If Personal Data is withheld from you as a result of an exemption under the APP, it will be explained why the Personal Data has been withheld and the relevant exemption, unless doing so would itself disclose information which would be subject to the exemption.

        The APP allows HEATS to refuse to act on your request, or to charge you a reasonable fee (taking into account the administrative costs of providing the information) where it’s considered your request to be manifestly unfounded or excessive, because the request is repetitive or unduly onerous in
        character.

        HEATS will act to protect the data protection rights and other legal rights of other individuals when it responds to subject access requests. Information which does not relate to you may be ‘blanked out’ or redacted, particularly if it relates to other individuals. Sometimes it may not be possible to release personal data relating to you because doing so would also reveal information about other persons who have not consented to their data being released, and it would not be reasonable in the circumstances to release the data without their consent. In such cases, you will be informed that personal data about you has been withheld and the reasons for doing so.

        If we consider that you have made a subject access request which is manifestly unfounded or excessive in nature (for example because a request is repetitive), it is possible for HEATS to:

          • Charge a reasonable fee taking into account the administrative costs of providing the information;

        or

        • Refuse to act on the request.

        If it is determined that a fee should be charged, you will be notified, in writing, of that fact, the level of the fee, and the reason for requesting the fee, without delay. If it is determined that your request will be refused, you will be notified, in writing, of that fact and the reasons for the refusal to act on the request, without delay.

        How do I submit a request?

        You can make your subject access request by completing the contact us form found on the website. When making your request please be as specific as possible about the personal data which you want access to, as this will assist in processing your request. For example, if you only want Personal Data relating to your academic record, you should indicate that. A general request such as “please send me all of the Personal Data which you hold about me” is likely to lead HEATS to contact you for further information or clarification.

        Proof of ID will be required to ensure that HEATS is releasing Personal Data to the correct person. HEATS will inform you of what is required and in what form it is required. It will usually involve photographic and authoritative documentation such as passport and driving license documents.

        What happens next?

        You will be sent an acknowledgement of your request as soon as possible.
        This will indicate the deadline by when HEATS will send you a response. You may be asked for further information to assist and any deadlines. The personal data will usually be provided in the format in which you make the access request for example; digitally.
        If you request further copies of the Personal Data HEATS may charge a reasonable fee based on administrative costs.

        Can I appeal?

        If you are dissatisfied with the response to your access request, you have the right to apply directly to the privacy regulator in Australia. Further information about how to enforce your rights under applicable data protection laws is available on the OAICs website.