Assessment for Migration Applicant portal terms and conditions

Information

The information provided will be used for the purpose of a skilled migration assessment and related services by AITSL. As part of this process, AITSL may disclose some or all of your information to a third party (including, but not limited to, Universities, educational institutions, and language assessment organisations both in Australia and internationally, as specified in your application), in order to complete the assessment of your application. Third parties must take reasonable steps to protect the personal information it holds from misuse, loss, unauthorised access, modification, or disclosure.

In certain circumstances, information and documents provided as part of this application may be provided to the Department of Home Affairs, who may use the information for their lawful purposes and in accordance with the Privacy Act 1988 (Cth).

Additionally, AITSL may share information provided as part of this application to Australian Teacher Registration Authorities in order to verify documents provided for assessment, where applicants have provided Australian teacher registration details as part of their submission. AITSL may also share such information with Australian Teacher Registration Authorities where requested to do so in accordance with applicable Teacher Registration Authority State and Territory laws.

Data

AITSL may utilise the data for a variety of purposes such as, but not limited to, research, developing, delivering and updating AITSL’s services, programs, and policies, conducting analysis, identifying and reporting on trends. AITSL is committed to protecting all personal information and ensures that the data used for such purposes will be de-identified. All data included in reports for internal and external use will be anonymous. From time to time, AITSL may contact the applicant for educational and/or promotional purposes. If the applicant does not wish to be contacted in this way, they can email [email protected].

Information collected throughout the registration and application process will be treated in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth) and kept and used by AITSL in accordance with AITSL’s privacy guidelines.

Registration

By registering, an applicant or agent is agreeing to receive electronic communication regarding their registration. Emails or messages within the Applicant portal may be used to provide an applicant or agent with more information about their registration and ongoing application.

Information that is provided to AITSL that may be identified as false, dishonest, or misleading in nature may be investigated by AITSL under common law and relevant jurisdictional legislation.

The Applicant portal is to be used solely for the purposes of the Teacher Migration Services and Support process. AITSL reserves the right to deny registration to, or remove access rights from, any person(s) who is not using the Applicant portal in the above manner.

Each registration requires the applicant or agent:

• agree to these terms and conditions.

Agreement to Terms and Conditions

By successfully registering for and using the Applicant portal, the applicant or agent agrees to the following terms and conditions, that:

1. AITSL can:
   • examine data provided in the Applicant portal for the purposes of reviewing and providing an outcome for the Teacher Migration Services and Support process;
   • store, maintain and manage that data; and
   • use de-identified data for analysis and publish anonymous data for research and other educational or promotional purposes.
2. if their email address changes, it is their responsibility to update their information in the Applicant Portal;
3. the provisions of the European Union’s General Data Protection Regulation (GDPR) do not apply to applicants or agents using the Applicant portal for the Teacher Migration Services and Support process;
4. they may be contacted by AITSL to provide feedback on their experience in using the Applicant portal and the Teacher Migration Services and Support process;
5. the platform software the Applicant portal is hosted on is owned by a third-party software provider Fry-IT trading as risr/ (risr/) and the applicant or agent will adhere to relevant terms and conditions from “risr/ Master Services Agreement” in using the Applicant portal set out in the Schedule attached; and
6. AITSL reserves the right to change the Applicant portal and these terms and conditions at any time without notice.

AITSL will otherwise collect, hold, use, and disclose your Information in accordance with the TMSS Privacy Statement, which sets out how the applicant may access and correct the information that AITSL holds about them and how to complain about a suspected breach of the applicant’s privacy or about how AITSL has handled the applicant’s personal information.

Schedule - risr/ User Terms and Conditions*

*(excerpt only adapted as relevant to the User)

1. Definitions

• “Agreement” means these terms and conditions read in conjunction with the Applicant portal terms and conditions.
• “Content” means any electronic files, materials, data, text, audio, videos, images or other content transmitted, stored, retrieved or processed by the User using the risr/ Services.
• “risr/” means the FRY legal entity trading as risr/.
• “risr/ Services” means the services that are made available online by risr/.
• “risr/ Software” means software that allows the User to use certain functionality in connection with the risr/ Services.
• “User” means an individual authorised by AITSL to access and use the risr/ Services in accordance with this Agreement.

2. User Restrictions

2.1 The User will not:

1. make the risr/ Service or Content available to anyone else, or use the risr/ Service or Content for the benefit of anyone unless expressly stated otherwise by AITSL or risr/; unless permitted by applicable law;
2. directly or indirectly reverse engineer, decompile, disassemble the risr/ Services, risr/ Software or any other software, documentation or data related to access and use of the risr/ Services;
3. sell, resell, license, sublicense, distribute, make available, rent or lease any risr/ Service, or include any risr/ Service in a service bureau or outsourcing offering;
4. use the risr/ Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of any third-party privacy rights;
5. use the risr/ Services to store or transmit any Malware;
6. interfere with or disrupt the integrity or performance of any risr/ Services or third-party data contained therein;
7. attempt to gain any unauthorised access to the risr/ Services or its related systems and/or networks;
8. modify, translate, or create derivative works based on the risr/ Services or any risr/ Software (except to the extent expressly permitted by risr/ );
9. remove any proprietary notices or labels.

2.2 With respect to any risr/ Software that is distributed or provided to the User for use on the User’s devices, risr/ hereby grants the User a non-exclusive, non-transferable, non-sublicensable license to use such risr/ Software only in connection with the risr/ Services and this Agreement.

2.3 The User agrees to immediately notify risr/ in writing of any unauthorised use of any Content or of the risr/ Services that comes to the User’s attention and provide risr/ with such cooperation and assistance related to such unauthorised use as risr/ may reasonably request to terminate such use.

3. Confidentiality and Proprietary Rights

3.1 Definition. Either Party may disclose Confidential Information to the Definition. Either Party may disclose Confidential Information to the other Party during the term of this Agreement.

“Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other (“Receiving Party”), which is in tangible form and labelled “confidential” or the like, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of the disclosure. The following information will be considered Confidential Information whether or not marked or identified as such:

1. the risr/ Services;
2. Content;
3. Not applicable;
4. the Disclosing Party’s strategic roadmaps, product plans, product designs and architecture, technology and technical information, security audit reviews, business and marketing plans, and business processes.

3.2 The Confidential Information includes business and marketing plans, technology and technical information, product plans and designs and business processes disclosed by such parties. Confidential Information other than Content, does not include any information that:

1. is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party;
2. was known to the Receiving Party prior to its disclosure by the Disclosing Party, without breach of any obligation owed to the Disclosing Party;
3. is received from a third party without breach of any obligation owed to the Disclosing Party;
4. was independently developed by the Receiving Party; or
5. is required to be disclosed by law provided that to the extent legally and reasonably permissible the Receiving Party gives the Disclosing Party prior notice of such disclosure and reasonable assistance, at the Disclosing Party’s expense, if the Disclosing Party seeks to contest such disclosure.

3.3 Permitted Use and Disclosure. The Receiving Party will only use the Confidential Information for the purpose of complying with its obligations or exercising its rights under this Agreement or to receive the benefit of the risr/ Services. The Receiving Party agrees to take precautions to protect such Confidential Information in a manner no less stringent than it would protect its own Confidential Information to:

1. not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; and
2. except as otherwise authorised by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its Affiliates, employees and contractors who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party, containing protections not materially less protective of the Confidential Information than those herein.

3.4 Ownership by risr/. risr/ exclusively owns and retains all right, title and interest in and to:

1. the risr/ Services and risr/ Software, and all improvements, enhancements or modifications thereto and risr/’s Confidential Information,
2. any software, applications, inventions or other technology developed in connection with the risr/ Services, and
3. all intellectual property rights related to any of the foregoing. No title to or ownership of any intellectual property rights related to the risr/ Services is transferred to the User pursuant to this Agreement. risr/ reserves all rights not explicitly granted to the User.

Source: https://risr.global/agreements