Minerva Testing Limited Privacy Policy

Effective Date: 1 December 2019

Minerva Testing Ltd (referred to as Minerva, we, us or our) has implemented this Privacy Policy to provide candidates of Minerva, and users of our websites https://www.minervatesting.com, its subdomains and any other website we operate from time to time (collectively the Website) and our other services with information about how we collect, hold and use Personal Information you provide to us. If you wish to make any enquiries regarding this Privacy Policy, you should contact our Privacy Officer in any of the ways specified in paragraph 10.

1. What Personal Information do we collect?

1.1 “Personal Information” means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.2 Personal Information collected may include (but is not limited to) the following:

• name, postal and email address;
• date of birth;
• contact details including telephone numbers (landline and mobile);
• gender;
• nationality and languages spoken;
• occupation and employment details;
• education qualifications;
• driving licence, including driving licence number;
• passport and identification documents including photograph and national ID number;
• test material, results and scores based on test material;
• bank and payment details, such as your credit card details
• your feedback regarding the products and services that you have purchased or received or services in which you have participated (such as your test day experience, review of a particular event, preparation material or testimonials); and
• details of our interactions with you, including any contact we have with you by email, online, on the telephone or social media.

2. When and why we collect Personal Information

2.1 We collect your Personal Information to allow us to conduct our business functions, to market and sell our products and services and for the specified purposes set out in paragraph 4.

2.2 We collect your Personal Information in the course of providing you with goods or services, or when you:

• visit our Website (see paragraph 3);
• buy our products or services;
• register for or use an account on our Website;
• request information about us, our products or our services;
• provide feedback or testimonials;
• fill in a form on our Website;
• post or submit information to a public online forum including through use of social media such as Facebook and Twitter;

2.3 We may also collect Personal Information about you via third parties (i.e. other organisations, such as test venues). However, we will only collect your Personal Information in this way if it is unreasonable or impractical to collect this information directly from you or if we are otherwise permitted to do so.

3. Information collected via our Website

3.1 Personal information may be collected by us and by our third-party service providers who act on our behalf and under our instructions in operating the Website and providing you with our products or services.

4. How we use your Personal Information

4.1 We use the Personal Information we collect about you for our business functions and activities, which are listed below.

4.2 Provision of products and services:

• to communicate with you and provide you with information about products or services (including tests you take, or any preparation material you access) you have requested;
• to assist customers and candidates by providing them with information and support; and
• to allow us to administer tests or other events of a Minerva centre, including to provide your Personal Information to third parties who operate test venues for Minerva;
• to allow you to take our tests and to provide your test results to relevant third parties including authorised authorities (including education institutions and healthcare employers, bodies and councils) and applicable recognising authorities and regulatory authorities as specified in paragraph 5, and (at your request) to other third parties such as your employer;
• to share your Personal Information with our related bodies corporate, business or venture partners, selected third parties, and service providers who assist us in providing this Website, products or services, as the case may be and, where applicable, further to your approval;
• to manage and administer any account you may hold with us including processing payments and refunds and providing receipts; and
• to enable us to undertake quality assurance and process evaluation.

4.3 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy our obligations under applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.

4.4 We may otherwise collect, use or disclose your Personal Information, where the collection, use or disclosure is:

• in accordance with this Privacy Policy or any agreement you enter into with us; or
• required or authorised by law, including without limitation the Australian Privacy Principles under the Australian Privacy Act 1988 (Cth) (Australian Privacy Act) and the (EU) Regulation 2016/679 dated 27 April 2016 (General Data Protection Regulation or GDPR).

4.5 If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, you may not be able to take our tests, receive information about future test days, preparation material or other events of Minerva, or provide you with requested information, products or services. If you only provide the minimum requested contact details on the Website, you may need to provide further information in order to progress your enquiry.

5. To whom we disclose your Personal Information

5.1 We may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 4. Depending on the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us, on our behalf and under our instructions or through us, or to other third parties where requested or indicated by you.

5.2 We may also disclose your Personal Information to relevant recognising authorities, and to third parties who operate test venues for the purpose of conducting tests.

5.3 We are required to disclose Personal Information to regulatory authorities in certain circumstances. In these circumstances we endeavour to only disclose the necessary Personal Information to satisfy our obligations under Australian or any other law.

5.4 We may also disclose your Personal Information to our website host or software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.

6. Overseas transfers and disclosures

6.1 Some of your Personal Information may be transferred, stored, processed or used outside of Australia and/or outside of the European Union by us or by third party service providers. This may happen if our related entities or venture partners are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection (such as when you attend a test venue outside of Australia).

6.2 Furthermore, your Personal Information may be disclosed to, accessed by or stored by any third-party operating test venues in countries outside of Australia and/or outside of the European Union for the purpose of conducting tests in those countries. Your Personal Information (including your test results) may also be disclosed, without your instructions, to relevant recognising authorities located outside Australia and/or outside the European Union and which may receive your results as specified in paragraph 5.

6.3 Your Personal Information may also be disclosed to third party service providers which may store your Personal Information in the U.S.A., United Kingdom and Europe, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy, without us being responsible under the Australian Privacy Act for such use (or for any breach).

In any event, should a transfer of your Personal Information occur, you will be informed of the collection, use, storage and processing of your Personal Information in those countries and the other countries referred to in this paragraph 6. Where required by applicable privacy laws, we take steps in order to ensure any overseas transfer of Personal Information is affected in compliance with the appropriate organisational and technical means (including e.g. EU Commission’s model clauses for data transfers or European Commission’s adequacy decision). Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your Personal Information.

7. Your rights

7.1 You are entitled to access Personal Information that we hold about you. If you request access to your Personal Information, in ordinary circumstances we will give you access to your Personal Information. However, there may be some legal or administrative reasons to deny access. If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where we are required by law to give those reasons.

7.2 You can access and correct some of your Personal Information through the Website by logging into your account and updating or editing your profile at any time. Alternatively, a request for access can be made by contacting us via email using the following email:privacy@minervatesting.com.

7.3 We take all reasonable steps to ensure that any Personal Information we collect, and use is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. Please tell us if any change occurs in the Personal Information you provided us with, notably by updating or editing your profile or contacting us in any of the ways specified in paragraph 10 if you believe that the Personal Information is inaccurate or incomplete, and we will correct the information.

7.4 If you reside within the European Union, you have the right to ask for a copy of your Personal Information and/or ask for it to be ported to another provider of your choice. Please note that such a request could be limited to the sole personal information you provided us with or that we hold at that given time and subject to any relevant legal requirements and exemptions, including identity verification procedures.

8. Representation for data subjects in the EU

We value your privacy and your rights as a data subject and have therefore appointed Prighter Group with its local partners as our privacy representative and your point of contact.
Prighter gives you an easy way to exercise your privacy-related rights (e.g. requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit the following website. https://prighter.com/q/18331962995

9. Storage and security of Personal Information held by us

9.1 We aim to keep your Personal Information secure using appropriate technical and organisational means. Any Personal Information we hold, in hard copy or on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.

9.2 We store your Personal Information for as long as necessary to provide the services and fulfil the transactions you have requested, or for other business purposes such as complying with our legal obligations, resolving disputes and enforcing the agreements to which we are a party. We are required by law to keep some types of information for certain periods of time (e.g. statute of limitations). If your Personal Information is no longer necessary for purposes for which it is processed and we have no legal obligation to retain that Personal Information, we will remove it from our systems and destroy all record of it.

10. What to do if you have a question, problem or complaint about our use of your Personal Information or this Privacy Policy

10.1 If you:

• have a query or concern about this Privacy Policy or our Personal Information handling processes;
• wish to make a complaint in relation to a breach of your privacy;
• would like to access your Personal Information held by us;
• would like to opt out of direct marketing; or
• would like to correct your Personal Information held by us,

please contact our Privacy Officer by emailing privacy@minervatesting.com.

10.2 We will investigate your queries and concerns within a reasonable period of time and will notify you of the outcome of our investigation.

If you are not satisfied with our answer or the way we process your Personal Information pursuant to this Privacy Policy, you may also have the right to lodge a complaint with a data protection authority. If you reside within the European Union, a list of national data protection authorities can be found here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you reside in Australia, you may obtain information about privacy and lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. Minerva Testing Limited is registered with the Information Commissioner’s Office in the UK.

11. Cookies

Cookies are a text file that is stored on your computer’s hard drive relating to your viewing history of a website. Minerva uses cookies to remember your client URL.

Changes to this Privacy Statement

Where a change is made to this Privacy Policy it will be set out on our websites to ensure that you are aware of what information we collect and how we will use it. If we plan to use Personal Data in a way that is inconsistent from that stated in this Privacy Policy, we will inform in advance you by email, and it will be your decision as to whether or not you are happy that we continue store and process your information.