General Data Protection Regulation (GDPR)

Effective Date: 01/01/2023

This section supplements our main Privacy Policy and provides specific information for individuals located in the European Economic Area (EEA) and the United Kingdom (UK), in accordance with the General Data Protection Regulation (GDPR) and the UK GDPR.

Data Controller

Nia Migration (ABN 63 665 137 299), located at NSW 2066, Australia, is the data controller responsible for your personal information.

Lawful Basis for Processing

We process your personal data based on the following lawful grounds:

Contractual Necessity:

To provide you with immigration advice, assistance, representation, prepare and submit applications, and manage our client relationship (including billing and administration), as outlined in our services. This covers processing information like your identity, contact details, immigration history, and supporting documents.

Consent:

Processing sensitive personal data (like health information) when necessary for specific visa applications.
Sending you direct marketing communications. You can withdraw this consent at any time by unsubscribing or contacting us.
Using non-essential cookies on our website. We will ask for your consent before placing these cookies.

Legal Obligation:

To comply with our legal and professional duties as migration agents.

Legitimate Interests:

To respond to your inquiries, improve our website and services, and ensure the security of our systems. We balance these interests against your rights and freedoms.

Your Data Subject Rights under GDPR

If you are located in the EEA or UK, you have certain rights regarding your personal data. You have the Right of Access, which allows you to request a copy of the personal information we hold about you. The Right to Rectification allows you to ask us to correct any inaccurate or incomplete personal information. Under certain conditions, such as when the data is no longer necessary or you withdraw consent, you can request that we delete your personal data; this is called the Right to Erasure or the 'Right to be Forgotten'.

The Right to Restrict Processing gives you the ability to ask us to limit how we process your personal data in specific circumstances. The Right to Data Portability allows you to request your data in a structured, commonly used format and transmit it to another controller, where the processing is based on consent or contract and is automated. Finally, the Right to Object allows you to object to the processing of your personal data based on legitimate interests or for direct marketing.

You also have Rights related to Automated Decision-Making, which means you have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects or significantly affects you. Note that it should be checked whether Nia Migration uses such processes.

To exercise any of these rights, please contact our Privacy Officer. We may need to verify your identity before processing your request.

International Data Transfers

As an Australian-based organization, processing your data may involve transferring it outside the EEA/UK. When we share your data with third parties (like the Australian Department of Home Affairs, skills assessment bodies, or service providers), including those potentially storing data overseas, we ensure appropriate safeguards are in place as required by GDPR. This may include relying on adequacy decisions (if applicable) or implementing Standard Contractual Clauses approved by the European Commission/UK ICO with those third parties to ensure your data receives adequate protection.

Data Retention

We retain your personal information only for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, and providing our migration services.

Data Security

We implement technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. While we strive for robust security, no system is impenetrable.

Cookies

Our website uses cookies. Essential cookies are necessary for the website to function. For non-essential cookies (e.g., analytics, marketing), we will request your explicit consent before placing them on your device. You can manage your cookie preferences through your browser settings, although disabling essential cookies may affect website functionality.

Concerns and Complaints

Privacy Officer: Niloo Nia
Email: Info@niamigration.com
Address: NSW 2066, Australia

If you are unsatisfied with our response, you have the right to lodge a complaint with your local data protection authority.