By using this website, you agree to the Terms of Use and Privacy Policy set out below.

Terms of Use

Thank you for visiting our website. This website is owned and operated by Mitchell Business & Technology Lawyers Pty Ltd (ABN 74 110 230 012). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (available at [www.mitchellbtlaw.com/policies) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. In these Terms, ‘us’, ‘we’ and ‘our’ means Mitchell Business & Technology Lawyers.

1            Data collection notice

We collect personal information about you in order to respond to your enquiry, provide you with our legal services and for purposes otherwise set out in our Privacy Policy on this page.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia.

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policy or practices, please contact us at enquiries@mitchellbtlaw.com.  By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

 

2           Nature of information

Our website provides information on the legal services we offer and matters that might be of interest to you, such as updates on legal developments or simplified summaries of legal topics. This material is not, and is not intended to be, legal advice. You should not rely on this information and always seek formal legal advice to obtain advice specific to your own situation. The use of this website does not create a solicitor-client relationship.

3           Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up to date.

4           Linked sites

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

5            Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content).

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.  All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

6            No commercial use

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

7            Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
  • using this website to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party’s systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

8           Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

9            Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

10            Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.

Privacy Policy

Mitchell Business & Technology Lawyers respects that your privacy is important to you and we are committed to protecting it.

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Mitchell Business & Technology Lawyers Pty Ltd (ABN 74 110 230 012). Our Privacy Policy sets out how we collect, use, store and disclose your personal information.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

 

1           The types of personal information we collect

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. [It may also include financial information, including your credit card information.]

We may collect the following types of personal information:

  • Contact details such as name, role or position, mailing or street address, email address, mobile number, landline number and fax number;
  • Information relating to your age or date of birth;
  • credit card information
  • information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;
  • details of the legal services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;
  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information;
  • if you are an employee or prospective employee, information about your qualifications, skills and work experience;
  • if you are a supplier or prospective supplier, information about your business skills, services, products and prices; or
  • any other personal information that may be required in order to facilitate your dealings with us.

We are required to collect the full name and address of our clients by the Solicitors Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements and to comply with our duty to the courts.

2           How we collect personal information

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • visit our website;
  • communicate with us through correspondence or contact forms, or when you share information with us from other social applications, services or websites;
  • you subscribe to our newsletter or legal updates service;
  • you attend a seminar or event where we are hosting or presenting;
  • you instruct us to act for you and we open a file and conduct a conflict check;
  • our clients provide information relating to related and adverse parties relevant to the advice or services we are providing; or
  • we undertake a search or investigation.

3           Why we collect, use and disclose personal information

We may collect, hold, use and disclose your personal information for the following purposes:

  • to respond to your enquiries;
  • to provide legal services;
  • to operate, protect, improve and optimise our website and legal services, business and our users’ experience, such as to perform analytics and conduct research;
  • to update you on legal developments, our expertise and legal services that may be of interest to you;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
  • to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

4           Do we use your personal information for direct marketing?

We may from time to time send you direct marketing communications and information about our services such as through newsletters, invitations and legal updates. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).

5           To whom we disclose your personal information

We may disclose personal information for the purposes described in this privacy policy to:

  • our employees;
  • third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
  • professional advisers, dealers and agents;
  • payment systems operators (e.g. merchants receiving card payments);
  • our existing or potential agents, business partners or partners;
  • anyone to whom our assets or businesses (or any part of them) are transferred;
  • specific third parties authorised by you to receive information held by us; and/or
  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

6           Disclosure of personal information outside Australia

We will not disclose your personal information outside Australia without your prior consent, other than for the purpose of document storage on a cloud service (such as Dropbox) which may utilise back up infrastructure outside Australia.

7           Using our website and cookies

We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

8           Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know. However, we cannot guarantee the security of your personal information.

9           Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

10         Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the using the details set out below or through the ‘contact us’ function on our website. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

We may refuse to give you access to your personal information if:

  • giving access would be unlawful;
  • we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
  • giving access would have an unreasonable impact on the privacy of others;
  • the information could reveal the intentions of a party in negotiations;
  • giving access could prejudice the taking of appropriate action in relation to unlawful activity; or
  • giving access could reveal evaluative information in a commercially sensitive decision-making process.

11         Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out  below or through the ‘contact us’ function on our website. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Claire-Louise Mitchell, Director

clmitchell@mitchellbtlaw.com

0401 718 268

Mitchell Business & Technology Lawyers Pty Ltd

Level 11, 65 York Street

Sydney NSW 2000

 

We will attempt to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.

Privacy Policy

Mitchell Business & Technology Lawyers respects that your privacy is important to you and we are committed to protecting it.

In this Privacy Policy, ‘us’ ‘we’ or ‘our’ means Mitchell Business & Technology Lawyers Pty Ltd (ABN 74 110 230 012). Our Privacy Policy sets out how we collect, use, store and disclose your personal information.

By providing personal information to us, you consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy and any other arrangements that apply between us. We may change our Privacy Policy from time to time by publishing changes to it on our website. We encourage you to check our website periodically to ensure that you are aware of our current Privacy Policy.

 

1           The types of personal information we collect

Personal information includes information or an opinion about an individual that is reasonably identifiable. For example, this may include your name, age, gender, postcode and contact details. [It may also include financial information, including your credit card information.]

We may collect the following types of personal information:

  • Contact details such as name, role or position, mailing or street address, email address, mobile number, landline number and fax number;
  • Information relating to your age or date of birth;
  • credit card information
  • information relating to your circumstances and affairs relevant to the matter/s in which we are instructed;
  • details of the legal services we have provided to you or that you have enquired about, including any additional information necessary to deliver those services and respond to your enquiries;
  • your device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information;
  • any additional information relating to you that you provide to us directly through our website or indirectly through your use of our website or online presence or through other websites or accounts from which you permit us to collect information;
  • if you are an employee or prospective employee, information about your qualifications, skills and work experience;
  • if you are a supplier or prospective supplier, information about your business skills, services, products and prices; or
  • any other personal information that may be required in order to facilitate your dealings with us.

We are required to collect the full name and address of our clients by the Solicitors Rules. Accurate name and address information must also be collected in order to comply with the trust account record keeping requirements and to comply with our duty to the courts.

2           How we collect personal information

We may collect these types of personal information either directly from you, or from third parties. We may collect this information when you:

  • visit our website;
  • communicate with us through correspondence or contact forms, or when you share information with us from other social applications, services or websites;
  • you subscribe to our newsletter or legal updates service;
  • you attend a seminar or event where we are hosting or presenting;
  • you instruct us to act for you and we open a file and conduct a conflict check;
  • our clients provide information relating to related and adverse parties relevant to the advice or services we are providing; or
  • we undertake a search or investigation.

3           Why we collect, use and disclose personal information

We may collect, hold, use and disclose your personal information for the following purposes:

  • to respond to your enquiries;
  • to provide legal services;
  • to operate, protect, improve and optimise our website and legal services, business and our users’ experience, such as to perform analytics and conduct research;
  • to update you on legal developments, our expertise and legal services that may be of interest to you;
  • to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties; and
  • to consider your employment application.

We may also disclose your personal information to a trusted third party who also holds other information about you. This third party may combine that information in order to enable it and us to develop anonymised consumer insights so that we can better understand your preferences and interests, personalise your experience and enhance the products and services that you receive.

4           Do we use your personal information for direct marketing?

We may from time to time send you direct marketing communications and information about our services such as through newsletters, invitations and legal updates. This may take the form of emails, SMS, mail or other forms of communication, in accordance with the Spam Act and the Privacy Act. You may opt-out of receiving marketing materials from us by contacting us using the details set out below or by using the opt-out facilities provided (e.g. an unsubscribe link).

5           To whom we disclose your personal information

We may disclose personal information for the purposes described in this privacy policy to:

  • our employees;
  • third party suppliers and service providers (including providers for the operation of our websites and/or our business or in connection with providing our products and services to you);
  • professional advisers, dealers and agents;
  • payment systems operators (e.g. merchants receiving card payments);
  • our existing or potential agents, business partners or partners;
  • anyone to whom our assets or businesses (or any part of them) are transferred;
  • specific third parties authorised by you to receive information held by us; and/or
  • other persons, including government agencies, regulatory bodies and law enforcement agencies, or as required, authorised or permitted by law.

6           Disclosure of personal information outside Australia

We will not disclose your personal information outside Australia without your prior consent, other than for the purpose of document storage on a cloud service (such as Dropbox) which may utilise back up infrastructure outside Australia.

7           Using our website and cookies

We may collect personal information about you when you use and access our website. While we do not use browsing information to identify you personally, we may record certain information about your use of our website, such as which pages you visit, the time and date of your visit and the internet protocol address assigned to your computer.

We may also use ‘cookies’ or other similar tracking technologies on our website that help us track your website usage and remember your preferences. Cookies are small files that store information on your computer, TV, mobile phone or other device. They enable the entity that put the cookie on your device to recognise you across different websites, services, devices and/or browsing sessions. You can disable cookies through your internet browser but our websites may not work as intended for you if you do so.

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

8           Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorised access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. For example, we maintain our files in secure offices and limit access to personal information to individuals with a need to know. However, we cannot guarantee the security of your personal information.

9           Links

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we are not responsible for the privacy practices of, or any content on, those linked websites, and have no control over or rights in those linked websites. The privacy policies that apply to those other websites may differ substantially from our Privacy Policy, so we encourage individuals to read them before using those websites.

10         Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the using the details set out below or through the ‘contact us’ function on our website. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information. If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

We may refuse to give you access to your personal information if:

  • giving access would be unlawful;
  • we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
  • giving access would have an unreasonable impact on the privacy of others;
  • the information could reveal the intentions of a party in negotiations;
  • giving access could prejudice the taking of appropriate action in relation to unlawful activity; or
  • giving access could reveal evaluative information in a commercially sensitive decision-making process.

11         Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out  below or through the ‘contact us’ function on our website. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Contact Us

For further information about our Privacy Policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Claire-Louise Mitchell, Director

clmitchell@mitchellbtlaw.com

0401 718 268

Mitchell Business & Technology Lawyers Pty Ltd

Level 11, 65 York Street

Sydney NSW 2000

 

We will attempt to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.