Privacy Policy

To undertake its role primarily as Expert Witness, it is necessary for SSHT Pty Ltd trading as David Marston, Automotive Professional Services, to have information regarding the parties whose automotive affairs we are studying.

SSHT Pty Ltd understands that the privacy of our instructing solicitors and their clients is important to you and that you care about how your personal data is used.

We respect and value the privacy of all instructing solicitors, litigants in person and any other firms or individuals or other legal entities with any dealings with SSHT Pty Ltd through its role as Expert Witness.

We will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

In this policy ‘we’ or ‘us’ means SSHT Pty Ltd, ABN 25 127 313 679, trading as David Marston Automotive Professional Services.

This policy does not apply to the personal information we collect and hold about our employees

 Our privacy commitment to you

In this privacy policy we explain how we collect, store, use and disclose personal information and the steps we take to comply with Australian Privacy Policy (APP).

It also explains how you can access and seek correction of the personal information we hold about you and make privacy related enquiries or complaints.

This privacy policy will be updated from time to time when our practices or obligations change.

Types of personal information we may collect about you

We will only ask for personal information that is relevant to our relationship with you and if it is reasonably necessary for one or more of our functions or activities.

We may ask you for your:

• Name, address, telephone number, email and other contact details
• Date of birth, gender and marital status
• Financial and investment information including shareholdings, debts or debts owed and bank account details
• Government identifiers including your tax file number
• Superannuation and insurance information
• Your opinion about our services and our people
• Occupation and employment details including past employment (in respect of job applicants for positions with us or our clients)
• Your sensitive information such as professional memberships, racial or ethnic origin, criminal record and health information (from job applicants or for certain services including recruitment activities for our clients)

 How we collect personal information from you and from others

We will usually collect personal information directly from you. For example, we collect personal information directly from you via documents and materials you provide to us, when you complete a form on our website, from our conversations with you in person and over the telephone, and from mail and electronic communications with you.

Sometimes we will collect information about you from someone else. For example, from someone acting on your behalf or your representatives (such as financial advisers, accountants, and solicitors), your employer (if they are our client), your insurers or brokers, publicly available sources (such as publications and online profiles), referees, referrers or other intermediaries.

We can also collect personal information about you from our clients in the course of providing services to them.

When you provide us with someone else’s personal information you should only do so with their authority or consent or if you are required or authorised by law. You should also refer them to this privacy policy and any separate privacy notices we provide you.

The purposes for which we collect your personal information

We collect retain, use and disclose your personal information to enable us to provide our services, to respond to your inquiries, and to comply with the law.

Under the Australian Privacy Policy (APP), we must always have a lawful basis for using personal data.  This can be because

• the data is necessary to enable us to fulfil our role as Expert Witness,
• because you have consented to our use of your personal data,
• or because it is in our legitimate business interests to use it.

Your personal data can be used for the following purposes depending on the relationship:

• Fulfilling the role of Expert Witness.
• Communicating with you. This may include responding to emails or calls from you.
• Supplying you with information by email and post that you have opted-in to (you may unsubscribe or opt-out at any time.

With your permission and/or where permitted by law, we will also use your personal data for marketing purposes, which can include contacting you by email, telephone or post with information on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the APP.

We will not share any of your personal data with any third parties for any purposes, other than those where your agreement has been received and will only be shared where it is required to enable us to fulfil our role as Expert Witness.

Some of the purposes for which we use your personal information

• provide professional services to you or to other clients
• communicate with you, including responding to your inquiries and feedback, keeping you informed of news and events, and sending you industry publications and other material that we think may be of interest to you
• develop and provide system and solutions for you
• conduct client satisfaction feedback activities
• conduct administration activities
• manage our conflict of interest and independence obligations
• to comply with legislative and regulatory requirements including the APP, the Corporations Act, the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), and taxation and employment laws
• marketing purposes (see the section below titled ‘Marketing our services to you’)

How we store your personal information

We hold personal information in both electronic and hardcopy formats.

We will take reasonable steps to protect the security of personal information. We have document management and retention policies and processes in place, and we employ physical controls such as locked access to our buildings and locked filing units.

Our electronic records are protected by a range of security measures, for example, firewalls, passwords, virus scanning software, and data encryption.

Cookies

“Cookies” are data files (of letters and numbers) that we store within your browser and the hard drive of your computer, if you to agree to us doing so, when you interact with our website. These data files allow us to recall important information about your visit to our website and help to improve your experience if you return.

 Archiving and Destruction of Files

•  Hardcopy files that are completed are retained under secure conditions for 7 years from date of finality
• Hardcopy files which have not proceeded are shredded
• Electronic files that are completed are retained under secure conditions for 7 years from date of finality
• Electronic files which have not proceeded are retained under secure conditions for 7 years from date of finality

Dealing with us anonymously or using a pseudonym

Due to the types of services we provide it is generally impracticable for people to deal with us anonymously or by using a pseudonym. However, if you prefer, and if practicable and lawful, you can contact us without identifying yourself or you can use a pseudonym such as an email address that doesn’t contain your name.

Your election

You may decide not to provide us with your personal information we ask for. However, if you do so, or if you provide us with personal information that is inaccurate or incomplete, we will not be able to respond adequately to your inquiries or provide you with the services you or our other clients require.

 Our Surveys

From time to time we will invite you to participate in surveys or respond to questionnaires regarding your experiences with us, to obtain your feedback or for other reasons that are explained to you.

These surveys are voluntary and if you agree to provide us with your information, we will use it for the purpose that is explained to you at the time of obtaining your consent. If those surveys are operated by external third-party providers (for example, Google Consumer Surveys or similar websites), your information may be collected and used by those third parties according to their own privacy policy if you decide to participate in a survey.

When and to whom we may disclose personal information

Depending on the nature of your relationship with us, for the purposes listed in the section above we may provide your personal information to:

• Our professional advisers and specialist consultants
• Brokers and agents who refer your business to us
• Any person acting on your behalf, such as your financial advisor, solicitor, settlement agent or administrator
• Insurers
• Vendors and other third parties who provide services to us, including data processing, audit and quality review activities, and market research
• Agents who assist us to dispose of property or equipment
• Investors, advisers, and trustees
• Professional associations and organisations
• Industry regulators, government agencies or courts and tribunals
• Your referees (to confirm details about you as supplied to us will)

Overseas disclosures

The entities described above to whom we may disclose your personal information may be located overseas. We will take reasonable steps to ensure that these overseas recipients maintain the same high standards of protection of your personal information that we do and that they comply with the requirements of the Australian Privacy Principles.

Disclosure required by law

We may be required to disclose your personal information by law e.g. under Court Orders or Statutory Notices, or under laws relating to sanctions, anti-money laundering or counter terrorism, financing, corporations’ law, taxation and employment.

Marketing our services to you

From time to time we may also use and disclose your personal information to inform you about other services and products we provide or that other companies offer which we think may be of interest to you.

If at any time you do not wish to receive direct marketing communications from us you may:

• use the opt-out link provided on direct marketing related material, or
• contact our Marketing team at info@ssht.com.au or telephone David Marston +61420 305 515

For accessing and correcting your personal information

We take reasonable steps to make sure that your personal information is accurate, complete and up-to-date.

You may request access to and correction of your personal information by contacting David Marston by phone or in writing. We will need to verify your identity to deal with your request and we will endeavour to deal with your request within a reasonable timeframe.

In some circumstances we may not be able to give you access to all the personal information we hold about you, as authorised under the Australian Privacy Principles.

If you request us to correct or update any personal information that we hold about you, for example if you think it is inaccurate, incomplete, or out of date we will take all reasonable steps to correct the information.

If we decide not to correct the information, you can ask us to include with the information a statement that the information is not correct.

If we cannot grant you access to your personal information, or we cannot agree as to correct it, we will confirm our reasons in writing, unless it would be unreasonable to do so.

If you do not agree with our decision you may ask us to review the decision via our complaint handling procedures which we will explain to you.

How we handle complaints

If you believe we have not complied with our privacy obligations, you can submit a complaint to us in writing by either of the following methods:

• Emailing the Privacy Officer, David Marston info@ssht.com.au or
• Mailing the Privacy Officer at PO Box 210 Gymea NSW 2227.

We will respond to your complaint as soon as reasonably practicable after receipt of your written complaint. We will need to verify your identity and we may need to ask you for further information.

If you do not agree with our decision or the way we have handled your complaint you can refer your complaint to the Office of the Australian Information Commissioner.

 How to contact us

You can contact us about this policy by:

• Telephoning David Marston on +61420 305 515
• Emailing the Privacy Officer info@ssht.com.au
• Mailing the Privacy Officer at PO Box 210 Gymea NSW 2227

Updates to this policy

We will update this policy as required to reflect changes to our privacy practices. We encourage you to check our website regularly for updates to our Privacy Policy.

This policy was updated November 2020

 

AGREEMENT

• By ordering our services and/or products you agree to be bound by these Terms and Conditions.
• Reference to:
  • “we”, “our” and ”us” means SSHT Pty Ltd and its officers, employees and contractors;
  • “products” includes parts, reports initial and supplementary;
  • “services” includes consultations, opinions, inspections, diagnostics, reports initial and supplementary; maintenance, repairs, modifications and warranty servicing;
  • “vehicle”, Light or Heavy, includes a motor cycle, water craft, trailer and anything attached to a vehicle or forming part of it;
  • “includes” does not exclude a reference to anything that is not specified;
  • All $ amounts in these Terms and Conditions include GST; and
  • the singular includes the plural and the other way around.

 ESTIMATES & PRICING

• Any ESTIMATE we give you is not an offer.
• Estimates apply only to your specific Estimated request. They do not apply to any other order or change to your order.
• Estimates are valid only if in writing and only for 30 days unless we specify otherwise in writing.
• We may change prices or discontinue promotions at any time.
• We may require a deposit or Letter of Instruction before we provide our services or products.

PAYMENT

• You must pay for your order in full and without any deduction at the time we give you an invoice (unless we extend you credit). Time is an essential term.
• We accept payment only by direct deposit, cheque (by prior arrangement only), money order or cash (don’t send cash by post).
• If you make a direct deposit we cannot credit you with payment until we can verify your deposit with our bank.
• If you pay by direct debit, we may record your details as part of our accounts data. Only our authorised personnel have access to that information.  Those details will be kept confidential.
• If you pay by cheque that is dishonoured, you must pay our bank charges.
• We do not normally extend credit. If we do, we may specify a credit limit and you must also pay each invoice within the allowed period.  Time is an essential term.  Despite any credit terms on our invoice, we may withdraw credit at any time for any reason.
• You must pay our storage charges (of at least $49.50 per day) if you fail to collect your vehicle within 2 days after we notify you that it is ready for collection (unless we have agreed to deliver it), or if you fail to accept delivery of it, or if we have retained possession of it in accordance with our rights below.
• If for any reason your account is overdue, then in addition to our other rights:
• We will not provide any further services until it is paid;
• We may charge you interest at 10% per annum, calculated daily from the due date until payment (and you agree that this is a genuine pre-estimate of our loss);
• You must pay us an accounting and administrative fee of $49.50 per month from the date the payment was due;
• You must pay (on a full indemnity basis) our legal and other costs of recovering or attempting to recover amounts owing to us; and
• If we are servicing your vehicle we can retain possession of it as security until all your accounts are paid (whether or not they relate to the particular service) and dispose of your vehicle as we think fit and without any liability if your account is more than 30 days overdue.

 NOTICE OF CLAIMS

• If you are unsatisfied with our services or products you must give us written details within 7 days after we have provided the services or you have received the products.
• Unless we expressly agree otherwise, you cannot return incorrectly ordered products.

 TITLE TO PRODUCTS

• We retain title to products we supply (even if installed in your vehicle) until we have received full payment. They then become your property.

 YOUR OH&S OBLIGATIONS

• Before we attend your premises to provide services or products, you must take all reasonable action to remove any potential hazards that might harm our health or safety and identify to us any that you have not removed.

 WARRANTIES & LIMITATION OF LIABILITY

• We give you a parts and labour warranty for 12 months or 20,000 km after the date the part was supplied or the service provided (whichever comes first). If, in that period or distance travelled, a defect occurs due solely to our faulty workmanship or faulty parts we will, at our choice, resupply services (or pay for the cost of their resupply) or replace or repair parts (or pay for the cost of their replacement or repair) or refund the amount you have paid to us for those services or parts.
• To the extent permitted by law, these Terms and Conditions exclude all statutory warranties and liabilities in relation to goods and services that can be excluded. Your non-excludable statutory rights are not affected.
• If a statutory warranty cannot be excluded, our liability to you for breach of the warranty is, at our choice, to resupply services (or pay for the cost of their resupply) or replace or repair products (or pay for the cost of their replacement or repair) or, in any case, refund the amount you have paid to us for those services or products.
• If we have agreed to resupply services (or pay for the cost of their resupply) and you refuse or prevent their resupply, you are taken to have unconditionally accepted the original services, we have no further liability to you, and you must immediately pay any outstanding account or comply with any credit arrangement.
• Our maximum liability for damages (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) is the amount you have paid to us for the relevant service or product. If you have a claim against us you are taken to have abandoned it if you do not commence legal proceedings within 6 months from the date the claim arose.
• We are not liable to you for failure or delay in providing products or services or for indirect or consequential loss or for loss or damage to your vehicle while it is under our control (whether or not in our premises).
• We only recommend services and products that meet your vehicle manufacturer’s guidelines. If you choose other services or products you acknowledge that you may jeopardise your vehicle’s safety, warranty and insurance protection, you do not rely on our skill or judgement, you rely solely on your own decision as to their fitness for a particular purpose (whether business or private and whether or not you have told us that purpose) and you release us from liability for any loss, liability or injury you may suffer.

PRIVACY POLICY

• We will not disclose your personal information without your consent unless required by law or for the purpose of obtaining legal or financial advice. See our full policy available at www.ssht.com.au

 CHANGES TO TERMS & CONDITIONS

• We may change these Terms and Conditions at any time. We will notify you of any change but need not give you prior notice.

ENTIRE AGREEMENT

• These Terms and Conditions are the entire agreement between you and us in relation to our services and products. Alleged oral representations by us or anyone on our behalf are excluded.
• Any term or condition (or part of it) that is unenforceable is to be varied to the extent required to preserve the purpose and remainder of these Terms and Conditions, or, if necessary, omitted.
• We do not waive any of these Terms and Conditions unless we sign a written waiver.

 GOVERNING LAW

• The laws of NSW govern these Terms and Conditions. Any claim relating to these Terms and Conditions must be submitted to the exclusive jurisdiction of the Courts of NSW.

Terms and Conditions updated November 2020