Effective Date: 25 May 2018
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:
(a) name, postal and email address;
(b) date of birth;
(c) contact details including telephone numbers (landline and mobile);
(e) nationality and languages spoken;
(f) occupation and employment details;
(g) education qualifications;
(h) medical certificates;
(i) driving licence, including driving licence number;
(j) passport and identification documents including photograph and national ID number;
(k) test material, results and scores based on test material;
(l) information from your resume or job application if you apply for a job with us;
(m) credit history and other financial information, including your ABN or ACN, where your organisation is being considered as a potential supplier or service provider to The OET Centre;
(n) bank and payment details, such as your credit card details
(o) 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
(p) 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 (such as when you attend any of The OET Centre’s events or test days), or when you:
(a) visit our Website (see paragraph 3);
(b) buy our products or services;
(c) register for or use an account on our Website;
(d) request information about us, our products or our services;
(e) provide feedback or testimonials;
(f) fill in a form on our Website;
(g) post or submit information to a public online forum including through use of social media such as Facebook and Twitter;
(h) provide that information to us, or when your previous or current employer provides that information to us, in the course of conducting or administering our relationship with you;
(i) submit a job application to us using our Websites or by sending it to our human resources department; or
(j) contact us by telephone, fax, email, post, via forms on our Website, The OET Centre’s mobile apps, or in person.
2.3 Where permitted by law, we may also collect publically available information from online sources (such as professional social networks) and other sources (such as professional events or from other organizations) including your contact details, your role and position within an organisation, in the course of conducting our sales and marketing activities in relation to marketing to organisations.
2.4 We may also collect Personal Information about you via third parties (ie 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
Third party content (e.g. social media links)
3.2 Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them.
We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties, which are governed by their respective privacy policies and practices. Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.
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:
(a) to communicate with you and provide you with information about products or services (including Occupational English Tests and Occupational English Test preparation material) you have requested;
(b) to provide the OET Candidate and Venue mobile app including to facilitate its use on Occupational English Test days;
(c) to assist customers and candidates by providing them with information and support; and
(d) in accordance with the Terms and Conditions candidates agree upon registering for the English Occupational Test. (e) to allow us to administer Occupational English Tests or other events of The OET Centre, including to provide your Personal Information to third parties who operate test venues for The OET Centre;
(f) to allow you to take our Occupational English Test and to provide your Occupational English 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;
(g) 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;
(h) to manage and administer any account you may hold with us including processing payments and refunds and providing receipts; and
(i) to enable us to undertake quality assurance and process evaluation.
4.3 Promotion and marketing of our products and services
(a) to manage our alumni contacts including sending invitations to join our alumni network;
(b) to conduct promotions and competitions;
(c) to promote and market our products and services to you or provide you with information that we believe you may be interested in from us, our business or venture partners subject, as the case may be, to your prior approval;
(d) to provide you with information subject, as the case may be, to your prior approval, about products or services you may be interested in from us, our business or venture partners;
(e) to personalise and customise your experiences on our Website or use of any of our products or services; and
(f) to help us research the needs of our customers and candidates to improve existing products or services or create new products or services, and to market our products and services with a better understanding of your needs and the needs of customers and candidates generally (such as your test day experience, feedback on your experience with The OET Centre compared with IELTS or similar tests, Occupational English Test preparation material feedback or any other testimonials).
4.4 Dealing with prospective employees and suppliers:
(a) to process any job application submitted by you;
(c) carry out credit or reference checks where your organisation is being considered as a potential supplier or service provider to The OET Centre.
4.5 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.
4.6 We may otherwise collect, use or disclose your Personal Information, where the collection, use or disclosure is:
(b) 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).
5. To whom we disclose your Personal Information
5.1 The OET Centre 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 (such as your referee(s) in connection with a job application you have submitted).
5.2 We may also disclose your Personal Information to relevant recognising authorities who recognise Occupational English Test results (see the list at https://www.occupationalenglishtest.org/test-information/who-recognises-oet/ – while we endeavour to keep that list accurate and up to date it may contain errors and inaccuracies from time to time, and there may be additional recognising authorities not specified in the current list), and to third parties who operate test venues (see the list of test venues at https://www.occupationalenglishtest.org/test-information/test-dates-locations/ – while we endeavour to keep that list accurate and up to date it may contain errors and inaccuracies from time to time, and there may be additional countries with test venues not specified in the current list) for the purpose of conducting the Occupational English Test.
5.3 We are required to disclose Personal Information to regulatory authorities in certain circumstances. For example, we are required under each Australian state’s Health Practitioner Regulation Law Act to disclose some of your Personal Information to the Australian Department of Immigration and the Australian Health Practitioners Regulation Agency for regulatory purposes. 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 the Occupational English Test in those countries. The list of countries in which test venues are currently located can be found by visiting https://www.occupationalenglishtest.org/test-information/test-dates-locations/ or clicking the “Test Dates and Location” button on our Website (while we endeavour to keep that list accurate and up to date it may contain errors and inaccuracies from time to time, and there may be additional countries with test venues not specified in the current list). 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 including to relevant recognising authorities in Australia, New Zealand, Singapore and any other country in relation to which recognising authorities are specified on our Website at https://www.occupationalenglishtest.org/test-information/who-recognises-oet/ (while we endeavour to keep that list accurate and up to date it may contain errors and inaccuracies from time to time, and there may be additional recognising authorities in additional countries not specified in the current list) and which may receive your results as specified in paragraph 5.
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 effected 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.
7.1 We may send you, from time to time, information, including promotional material, about us or our products and services by means of direct email and email campaigns (including newsletters). Subject to your prior consent, as needed, we may also send you information about the products and services of our related entities, venture partners and third parties, as the case may be.
7.2 If you do not want to receive marketing information from us, you can do so in any of the following ways:
(a) by clicking on the ‘Unsubscribe’ link in a direct marketing email that you have received from us; or
(b) emailing us at [email protected].
8. Your rights
8.1 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.
8.2 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: [email protected].
8.3 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.
8.4 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.
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.
10.1 If you:
(b) wish to make a complaint in relation to a breach of your privacy;
(c) would like to access your Personal Information held by us;
(d) would like to opt out of direct marketing; or
(e) would like to correct your Personal Information held by us,
please contact our Privacy Officer by emailing [email protected].
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 reside in Australia, you may obtain information about privacy and lode a complaint with the Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au.