Privacy Policy

1. Purpose

This policy is intended to provide a general overview of how New York Film Academy Australia Pty Ltd collect, use and store your personal information (in this Policy referred to as NYFA Australia, we, us and our). It also outlines how, as a registered training organisation (RTO) we handle information as required under the National Vocational Education and Training Regulator Act 2011 (Cth) (VET Act).

In this policy personal information has the meaning given by the Privacy Act 1988 (Cth) (the Act). This policy should be read together with any terms and conditions governing your dealings with us or your use of our facilities or website, and any location specific legal notice.

2. Policy Statement

NYFA Australia is committed to protecting the privacy of individuals and keeping their information confidential.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this policy and any other arrangements that apply between us. We may change this policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current policy.

3. What kinds of personal information do we collect and hold?

Personal information includes any information or opinion about an identified individual or an individual who can be reasonably identified from their information. The information or opinion will still be personal information whether it is true or not and regardless of whether we have kept a record of it.

The types of information we collect will depend upon our dealings with you, but may include the following types of personal information:

• your name, mailing address, email address, telephone number and other contact details - in order to respond to your enquiry;
• any additional information relating to you that you provide to us through our website or our facilities or through other websites or accounts from which you permit us to collect information;
• information you provide to us through surveys; or
• any other personal information that may be required in order to facilitate your dealings with us.

Students and potential students

In addition to the above information, when you enrol in a course or program with us, we will generally require:

• your age or date of birth;
• your academic history, training, participation and assessment information;
• your payment information, which may include credit card details for the purpose of processing payment of course fees;
• any other data that we are required to provide to the national regulator, the Australian Skills Quality Authority (ASQA) or under the VET Act as part of our mandatory reporting requirements as an RTO, which generally includes (but is not limited to) details of your attendance, cultural background and demographic, physical and mental health; and
• copies of your identification documents such as a birth certificate, drivers license and/or passport in order to verify your identity and create a Unique Student Identifier (USI).

International students

For international students, we will generally require the following additional information:

• your current course information including CRICOS code;
• visa information, including the DOHA office where the visa application was made and current local DOHA office;
• passport or customs information including whether you were in Australia when you became an accepted student;
• emergency contact details; and
• details of current or past courses (enrolled or completed) with other providers in Australia or whilst on a student visa.

Job applicants

If you apply for employment with us, we may collect personal information as part of our recruitment activities, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you.

We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before you commence employment, we may collect additional details such as your tax file number, superannuation details and other information necessary to determine your suitability for certain positions. For example, we will collect information about your criminal record if you have one.

For more information on how we handle personal information relating to job applicants and our workforce, please contact us to obtain a copy of our Employee Privacy Policy (a separate document).

4. Why do we collect, use and disclose personal information

We will use and disclose your personal information for the purposes for which we collected it (as described above in relation to general enquiries, students and job applicants), with your consent, and/or for other related purposes that you would reasonably expect (depending on the nature of our interaction with you).

We may collect, hold, use and disclose your personal information for the following purposes:

• to coordinate and deliver our VET programs and courses and manage your enrolment or your USI;
• to enable you to access and use our services;
• to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you or relating to your enrolment;
• to send you promotional messages and other information that may be of interest to you;
• to operate, protect, improve and optimise our services and VET programs, business and our users’ experience, such as to perform analytics, conduct research and for advertising and marketing;
• to administer events, surveys, contests, or other promotional activities sponsored or managed by us;
• to obtain your feedback on your experience or training;
• to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties;
• mandatory reporting to any Commonwealth, State or Territory government department, authorised agency or statutory body (such as the National VET Data Collection kept by the National Centre for Vocational Education Research Ltd, ASQA, Department of Education and Training, Department of Immigration and Border Protection and Tuition Protection Service and the relevant state training authority) where required by law for the administration of the VET scheme and for statistical, regulatory and research purposes.

5. How we collect personal information

We generally collect your personal information:

• from you directly, when you provide your information to us;
• indirectly, through the conduct of our business. We may obtain and make use of any data or information (which may include personal and sensitive information) generated or accessed through your use of our technology for any reason or your attendance on our premises. This may include, but is not limited to, CCTV footage, phone records, data, emails, files and cache files;
• indirectly through third parties. We may obtain and make use of any information collected from publicly available sources, social media, from your referees if you apply for a position with us, or our suppliers and contractors who assist us to operation our business.

If you enrol in a course, we may also collect personal information about you from particular third parties where required for your enrolment, for example:

• from schools and other educational institutions where necessary to verify qualifications and course credits for enrolment and assessment purposes;
• from organisations where you may be completing a work placement or practical component;
• from your employer if your course is being supported by them or incorporated into your employment;
• from professional or member associations or government departments via websites such as confirming your membership or registration.

6. Disclosure of personal information

We may disclose personal information for the purposes described in this policy and to:

• government agencies with responsibility for administering and regulating education and training providers;
• our employees and related bodies corporate;
• third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you, professional advisers, payment systems operators);
• our existing or potential agents, business partners or partners;
• anyone to whom our assets or businesses (or any part of them) are transferred;
• specific third parties authorised by you to receive information held by us; and/or
• other persons, including any Commonwealth, State or Territory government department or authorised agency, regulatory bodies and law enforcement agencies.

From time to time we may allow our parent company (located in the USA) to access records containing personal information, so it can assist us with administrative obligations and in otherwise delivering our services. We will, however, take reasonable steps to ensure that any overseas recipient will deal with such personal information in a way that is consistent with the Privacy Act.

Apart from the above instances, we may also use and disclose your personal information with your consent and as otherwise required or permitted by law.

7. Sensitive information

We will only collect your sensitive information (including health information) with your consent, or where otherwise permitted or required by this policy or by law. This includes demographic information (including details of your cultural background, language(s) spoken or your racial or ethnic origin) where necessary to process or manage your enrolment or confirm your qualifications or eligibility for concessions, information about your health or a disability where this is relevant to your training needs, or details of your vaccination status to ensure a safe and healthy working environment for our staff, and for other purposes described in this policy or required by law.

8. Direct marketing

We may use or disclose your personal information for the purpose of informing you about our services, promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by using the unsubscribe facility in all emails we send to you, or by contacting us via the details shown below.

If you opt out of receiving marketing material from us, we may still contact you in relation to your enrolment or other services you engaged us to provide to you.

We may occasionally engage other companies to provide marketing or advertising services on our behalf. Those companies will be permitted to obtain only the personal information they need to deliver the service. If we provide those companies with any of your personal information, it is to provide you with a better or more relevant and personalised experience and to improve the quality of those services.

9. Security and storage

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, personal information will be stored in paper-based files that are kept in a secure location (locked filing cabinets/locked compactor) and electronically in a secure environment. We use a range of other digital and physical security measures and procedures, staff training and use of password protection software. However, we cannot guarantee the security of your personal information.

Your personal information will be securely destroyed or permanently de-identified when we no longer require it for any purpose for which it was collected.

We may retain your personal information for as long as necessary to comply with any applicable law (for example, reporting requirements of the national VET Regulator), for legal, insurance and corporate governance purposes, for the prevention of fraud and to resolve disputes. Your personal information may also be retained in our IT system back-up records.

10. Website and cookies

We may collect personal information about you when you use and access our website.

While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use 'cookies' or other similar tracking technologies on our website that help us track your website usage and remember your preferences. NYFA Australia will not use cookies to collect your personal information. By changing the selection settings of your particular web browser, you have the option not to accept cookies and can block or restrict the use of cookies.

11. Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

12. Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us on the details below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. There is no charge to access personal information we hold about you; however there may be a charge for any copies made.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

13. Making a complaint

If you wish to make a complaint about the way we have handled your personal information, you can make a complaint by contacting us via the details below. Please include your name, email address and/or telephone number and clearly describe your complaint.

14. Contacting us

If you would like further information about the way we manage your personal information, or if you have a privacy-related complaint or request, please contact us via any of the below channels and we will endeavour to respond to all requests within a reasonable time.

• Phone: +61 7 5555 1300
• Email: [email protected]
• In person: New York Film Academy Australia Southport Central Towers, Central 2E, 5 Lawson Street, Southport QLD 4215.

More information about your rights and our obligations in connection with your personal information are available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

This policy was last updated in February 2022.