1. We respect your privacy
1.1. Specialist Sports and Spinal Physiotherapy (SSSP) ABN 62 553 510 709 respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).
1.2. SSSP adheres to the EU General Data Protection Regulation (GDPR).
1.3. This policy sets out how we collect and treat your personal information.
1.4. “Personal information” is information we hold which is identifiable as being about you.
2. Collection of personal information
2.1. SSSP will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
2.2. This may include: names date of birth; job titles; contact information including addresses, email addresses, phone numbers, fax numbers etc; demographic information; other information relevant to the customisation of a document on the site; information about goods and services you have ordered; information from enquiries you have made; information about your legal needs; information about your business or personal affairs; communication between us; credit card information; other information relevant to client interviews and/or promotions; and any other information requested on this Site or otherwise required by us or provided by you.
2.3. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
3. How we collect your personal information
4. Use your personal information
4.1. Personal information is only collected in situations where you have consented; where there is a legitimate interest to disclose the information and; where the disclosure of personal information is required for the fulfilment of your contract with SSSP. Please consult our terms and conditions for further information on the contractual obligations between users and SSSP.
4.2. SSSP may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
4.3. If you require further information about the legitimate interest legal basis under the GDPR, please see Section 12 ‘How to contact us’.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
5.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
5.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of SSSP, its customers or third parties.
5.4. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
5.6. Personal information is only disclosed to third parties in situations where you have consented to the transfer, where there is a legitimate interest to disclose the information and; where you are contracted to provide this personal information.
6. International Transfer of your Personal Data
6.1. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
6.2. We provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA). These countries include but are not limited to the United States of America (US).
6.3. We have hosting facilities in Australia and the US .The European Commission has made an “adequacy decision” with respect to the data protection laws of Australia. Transfers to the US will be protected by appropriate safeguards, namely [the use of standard data protection clauses adopted or approved by the European Commission, a copy of which can be obtained from https://www.privacyshield.gov/.
6.4. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.
7. Security of your personal information
7.1. SSSP is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
8. Access to your personal information
8.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth) and the EU GDPR 2018 . If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at firstname.lastname@example.org.
8.2 You have the following rights under the GDPR:
8.2.1. Right of Access – the right to access the personal information that we hold or process about you;
8.2.2. Right to Rectification – the right to update, correct or amend the personal information that we hold or process about you;
8.2.3. Right to Erasure – the right to request remove personal information that we hold about you
8.2.4. Right to Restrict – the stop processing all or some of your personal data;
8.2.5. Right to Object – the right to object to your personal information being used for direct marketing purposes;
8.2.6. Right to Data Portability – the right to request a copy of your personal data in electronic format;
8.2.7. Right not to be subject to Automated Decision making – the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
8.3. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
9. Complaints about privacy
11.1. When you visit our website
When you come to our website SSSP we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
11.4. Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that SSSP is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
12. How to Contact Us
Last updated 1st July 2019
Phone: 08 9200 3922
Address: 15/16 Chelsea Village
145 Stirling Highway Nedlands WA 6009
WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.sssp.com.au ('Website'). The Website for real estate and property services.
1.2. The Website is operated by Specialist Sports and Spinal Physiotherapy Pty Ltd know as SSSP (ABN 62 553 510 709). Access to and use of the Website, or any of its associated Products or Services, is provided by SSSP. Please read these terms and conditions ('Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. SSSP reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SSSP updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SSSP in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of SSSP are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by SSSP or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by SSSP, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
SSSP does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by SSSP.
3.3. SSSP retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial
(b) design, patent, registered design or copyright, or
(c) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
3.4. You may not, without the prior written permission of SSSP and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) SSSP will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SSSP make any express or implied representation or warranty about the content or any products or content (including the products or content of SSSP) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of the products of SSSP; and
(d) the content or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. SSSP's total liability arising out of or in connection with the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content to you.
6.2. You expressly understand and agree that SSSP, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3. You acknowledge and agree that SSSP holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing your content to the Website.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing SSSP with 30 days' notice of your intention to terminate by sending notice of your intention to terminate to SSSP via the 'Contact Us' link on our homepage.
7.2. SSSP may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) SSSP is required to do so by law;
(c) SSSP is transitioning to no longer providing the services to Members in the country in which you are resident or from which you use the service; or
(d) the provision of the Services to you by SSSP, is in the opinion of SSSP, no longer commercially viable.
7.3. Subject to local applicable laws, SSSP reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SSSP's name or reputation or violates the rights of those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and SSSP have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
8.1. You agree to indemnify SSSP, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed.
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in PERTH, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
9.5. Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by SSSP is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
11. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Last updated 1st April 2019