Website Disclaimer
Terms of use
1. These terms of use apply to your use of this website, located at the domain name 'SCT.com.au'. By using the site, you agree to be bound by these terms of use. We reserve the right to alter these terms of use from time to time, and any amendments will take effect immediately. Your continued use of the site after any such amendment constitutes an agreement by you to be bound by the amended terms of use. A reference in these terms of use to 'we', 'us' or 'our' is a reference to two associated partnerships, namely Shannon Clark Tuhtan ABN 42 690 547 230, and their associated entities.
2. The terms of our Privacy Policy apply to your use of this website, and any content provided to us through our contact form on this website. The Privacy Policy forms part of these terms of use and is incorporated into them by reference.
Disclaimer
3. Any material (including publications) provided on the site is for preliminary and general use only. It is not legal advice. You should not rely on it, or make any commercial decision based on it, without first seeking specific legal advice. Your use of this website or any publications or other information on it does not create a solicitor-client relationship between you and us. We endeavour to ensure that all legal material on the site is accurate and up to date at the time of publication. However, we do not warrant the currency or accuracy of any material on the site.
Links to external websites
4. Links to external websites are provided for convenience only and do not imply our endorsement, approval or recommendation of, nor any relationship to, their owners, operators or content, including any products or services. We have no control over linked external websites and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them, which is subject to the terms contained within such sites, if any.
Prohibited uses
5. You may use the site only for lawful purposes and in accordance with these terms. You must not:
(a) use the site to impersonate or attempt to impersonate us, any of our employees or contractors, another user or any other person;
(b) use the site to engage in any conduct that is detrimental to, or interfere with, another person’s use of the site, or which may harm us or users of the site;
(c) use the site in any manner that could damage, impair, disrupt or interfere with, the site; or the servers or networks that host the site;
(d) use any robot, spider or other automatic device, process or means to access the site for any purpose, including monitoring or copying any of the content on the site; or
(e) (except as set out below in these terms) reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble all or any part of the site, or any content on the site.
6. We may report any fraudulent, abusive or illegal activity to the relevant law enforcement authorities and we will cooperate with these authorities by disclosing your identity to them. If you breach the above usage restrictions and/or engage in fraudulent, abusive or illegal activity, we may terminate your access to the site.
Intellectual property
7. Copyright in the site, including all text, graphics, logos and icons, is owned by or licensed to us. You may print or reproduce pages of the site for non-commercial personal use only, provided that copyright notices are not removed. All other use, reproduction, publication or distribution of the content on our site is not permitted without our prior written consent. You may not place a link to our website, or embed or frame our website content in any other website without our prior written consent.
'Shannon Clark Tuhtan' and 'SCT' are unregistered trade marks that are proprietary to us. We reserve all rights in relation to them. Other product and company names referred to on the site may be trade marks owned by or business names registered to, third parties.
Exclusion and limitation of liability and warranties
8. We do not warrant or represent that your access to the site will be uninterrupted or error free or free of other harmful components. We may suspend or withdraw or restrict the availability of all or any part of the site from time to time for any reason. To the maximum extent permitted by law, we exclude all liability to you and any other person for any loss or damage, whether direct or indirect and however caused (including through negligence) that may be suffered as a result of any unavailability of the site, and any use of the site or any material published on it, including but not limited to any interference or damage to that person's computer system which arises as a result of use of the site or a linked website, even if we have been advised of the possibility of such loss or damage. To the maximum extent permitted by law, we exclude any conditions or warranties that would otherwise be implied into these terms of use. Where a condition or warranty cannot by law be excluded, then that condition or warranty will be deemed included in these terms of use, but our liability in respect of any breach of that condition or warranty will be limited to the maximum extent permitted by law.
Privacy Policy
Shannon Clark Tuhtan ABN 42 690 547 230 (referred to as "SCT", "we" and "us") recognise that the privacy of your personal information is important to you and are committed to protecting the privacy of any personal information they collects from you. Unless you give us your consent to do otherwise, we will only collect, use and disclose your personal information in accordance with this Privacy Policy.
SCT abide by the Australian Privacy Principles ("APPs") under the Privacy Act 1988 (Cth). This Privacy Policy outlines how we will handle and manage your personal information. You can obtain information about the APPs and your privacy rights at the website of the Office of the Australian Information Commissioner at www.oaic.gov.au/privacy.
Observing and protecting the confidentiality of client information is an essential aspect of the conduct of our business. We generally disclose such information only in accordance with our Terms of Engagement.
What information do we collect?
We collect personal information that is necessary for us to conduct our business. Personal information is any information that can be used to identify you and may include:
• your name, address, occupation and contact details (address, telephone numbers and email address);
• information about your dealings with us or any of our clients;
• your interests regarding areas of law or events;
• other personal information you may disclose to us when you give us instructions or request a service from us, or which is contained in communications between you and us.
Where relevant we may ask you for other information, for example, qualifications and employment history if you are applying for employment with us as well as bank account and superannuation account details and a tax file number if you obtain employment with us.
How do we collect and hold your personal information?
We usually collect personal information in the following ways:
• Directly from you, either in person, in documents, by email or via the SCT website;
• From third parties, such as your business associates, business counterparties or your employer; and
• From publicly available resources.
We hold personal information in hard copy and electronic files.
Collection of information from the SCT website
When using the SCT website you may voluntarily disclose personal information to us. Our server may automatically record details such as your internet address, domain name if applicable, and the date and time of your visit to our website. This information is used for internal purposes only, including statistical purposes.
We will not try to identify users or their browsing activities except as necessary to investigate or report any suspected unlawful activity, as required or authorised by law or as reasonably necessary for the activity of an enforcement body.
The SCT website uses cookies, which may collect personal information. Cookies are pieces of data stored on your browser that record information on your use of the SCT website, such as details of your server and your browsing activity, and send the information to the server. We use these cookies to monitor usage of the SCT website only. You may be able to change the settings of your browser so that cookies are not accepted generally or that you are provided with options to accept or reject them as they are sent to your browser. You might not be able to use the full functionality of the SCT website by refusing the use of cookies.
Why do we collect personal information and what are the consequences of not providing us with the information requested?
Generally, we collect personal information about you to provide you with a range of services, to meet our obligations to you as well as to enable us to conduct our business and improve and promote the services we provide. We also collect personal information so you can seek employment with us or communicate with us in writing, by e-mail, telephone or via the SCT website. Our ability to meet our obligations to you, your business, your employer, our clients or related persons or bodies, or to process any application may be adversely affected if you do not give us the requested personal information, or if the information you give us is incomplete or inaccurate.
How do we use your personal information?
We use personal information primarily to provide legal and associated services to you and our clients generally. We may also use personal information to:
• manage and administer the services we provide, including with respect to charging and billing;
• conduct our internal business operations (including meeting any relevant legal requirements);
• manage client relationships and improve the services we provide;
• provide you or our clients generally with information about legal developments or events through our newsletters and other promotional materials;
• promote and market our services that you or our clients generally may be interested in; and
• assess applications for employment.
To whom do we disclose personal information?
We will only disclose personal information for the purpose for which it was collected or in the following circumstances:
• internally to partners and staff of our firm;
• subject to our obligations to clients, to any person where necessary or desirable in connection with the provision of our services, such as to the client, regulatory authorities and other parties;
• to external service providers (on a confidential basis) so they can provide us services related to our business, for example mailing services, IT services, data storage or archive services;
• to barristers and other legal representatives;
• where required or authorised by law;
• where you consent to the disclosure.
Where applicable we may rely on employee and related bodies corporate exemptions that are available to us under the Privacy Act when using or disclosing personal information.
Cross-border disclosure of personal information
We may deal with third parties, such as service providers or clients overseas. As a result, your personal information may be disclosed to a recipient in a foreign country, including but not limited to New Zealand, countries of the European Union, the United Kingdom, Singapore, India and the United States of America. For example, we may discuss your personal information with an overseas client or publish the information on the SCT website and the information is accessed by an overseas recipient.
Under privacy laws effective from 12 March 2014, we have an obligation ("the Obligation") to take reasonable steps, in the circumstances, before disclosing personal information to an overseas recipient to ensure that the overseas recipient does not breach privacy laws in relation to that information.
How secure and accurate is your personal information?
We will take reasonable steps to ensure that all personal information we hold is:
• accurate, complete, up-to-date, relevant and not misleading;
• stored in a secure environment; and
• protected from misuse, interference and loss as well as unauthorised access, modification or disclosure.
Staff with access to such information are subject to obligations of confidentiality.
If any of your details change, please let us know as soon as possible by using the contact details below so we can maintain the accuracy of your personal information.
How can you access and correct your personal information?
You have a right to access personal information we hold about you. We will comply with any request to access your personal information that you send us by email at contact@sctlaw.com.au except where the Privacy Act 1988 (Cth) (including the APPs) allow us to refuse to do so. There is no fee for making a request to access your personal information but we may charge a fee for giving you access to your personal information in a mutually agreed format, usually by sighting the accessible information held on file. You also have the right to ask us to correct information about you that is inaccurate, incomplete, out-of-date, irrelevant or misleading. If we refuse to correct your personal information as requested, we must:
• notify you in writing of the reasons for the refusal (unless it would be unreasonable to do so) and how to complain of the refusal; and
• upon request from you that we associate a statement that the information is inaccurate, incomplete, out-of-date, irrelevant or misleading, take such steps are as reasonable in the circumstances to associate such a statement so that it will be apparent to users of the information.
Sensitive information
Some personal information that we collect may be "sensitive information". Sensitive information includes: information relating to a person’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, trade union or other professional or trade association membership, sexual preferences and criminal record that is also personal information; health information and genetic information about an individual.
Sensitive information will be used and disclosed only for the purpose for which it was provided or a directly related secondary purpose, unless you agree otherwise, or where other limited circumstances apply (e.g., where required by law).
Links to other websites
Sometimes the SCT website may contain a link to third party websites. We are not responsible for the content or material contained in, or obtained through, any third party website or for the privacy practices of the third party website. We suggest that you review the privacy policy of each website that you visit.
How can I contact SCT?
If you have any questions or complaints about how we handle your personal information, you can contact our office during business hours, email (contact@SCTlaw.com.au) or in writing at the address below.
We will consider and respond to any complaint notified to us within 21 days. We will always endeavour to resolve any complaint to your satisfaction.
Australian Privacy Commissioner
If you are not satisfied with the way in which we handle your enquiry or complaint, you can contact the Office of the Australian Privacy Commissioner on Tel: 1300 363 992 or email: enquiries@oaic.gov.au.
Changes to this Privacy policy
This is our current Privacy Policy outlining our personal information management practices. This Policy replaces any other privacy policy published by us to date. We may vary this policy from time to time. We encourage you to review the SCT website regularly to ensure that you are aware of our current Privacy Policy.
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