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Privacy Policy (POPI)
Disclaimer: This privacy policy does not constitute legal advice. The content is for general information purposes only. It is provided without any representations or warranties, express or implied. If necessary, seek appropriate legal counsel in relation to the POPI Act or your specific circumstances.
For definitive legal advice on providing privacy information under the POPI Act, visit the Information Regulator website.
| 1. | INTRODUCTION |
| 1.1 | Du Plessis Van Loggenberg is sensitive to the personal nature of the information you provide us. |
| 1.2 | This privacy policy explains how we protect and use your personal information. |
| 1.3 | By providing us with your Personal Information, you – |
| 1.3.1 | agree to this policy and authorise us to process such information as set out herein; and |
| 1.3.2 | authorise Du Plessis Van Loggenberg, its associates, our service providers and other third parties to Process your Personal Information for the purposes stated in this Policy. |
| 1.4 | We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in our possession form unauthorised alteration, loss, disclosure or access. |
| 1.5 | Please note that we may review and update this Policy from time to time. The latest version of this Policy will be available on our website |
| 1.6 | This Policy applies to all external parties with whom we interact, including but not limited to individual clients, visitors to our offices, and other uses of our legal and related services. |
| 2. | HOW DO WE COLLECT YOUR PERSONAL INFORMATION? |
| 2.1 | We may collect or obtain Personal Information about you – |
2.1.1 |
directly from you; |
| 2.1.2 | in the course of our relationship with you; |
| 2.1.3 | in the course of providing legal services to you; |
| 2.1.4 | when you visit and/or interact with our Website or social media platforms; |
| 2.1.5 | when you visit our offices; |
| 2.2 | We may also receive Personal Information about you from third parties (eg. law enforcement authorities). |
| 3. | CATEGORIES OF PERSONAL INFORMATION WE MAY PROCESS. |
| We may process the following categories of personal Information about you; | |
| 3.1 | personal details: name and email address; |
| 3.2 | demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences; |
| 3.3 | identifier information; passport or national identity number; utility provider details; bank statements; tenancy agreements; |
| 3.4 | contact details: correspondence address; telephone number; email address; and details of you public social media profile(s); |
| 3.5 | instruction details: details of individuals instructing (company); Personal Information included in correspondence, documents, or other material that we process in the course of providing legal services. |
| 3.6 | consent records: records of any consent you may have given, together with the date and time, means of consent and any related information; |
| 3.7 | payment details: billing address; payment method, bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques; |
| 3.8 | data relating to your visits to our Website: your device type; operating system; browser type; browser settings; IP address; dates and times of connecting to a Website; and other technical communications information; |
| 3.9 | employer details: where you interact with us in your capacity as an employee of an organisation; the name, address, telephone number and email address of your employer, to the extent relative; |
| 4. | PURPOSES OF PROCESSING AND LEGAL BASES FOR PROCESSING |
| 4.1 | We will Process your Personal Information in the ordinary course of the business of providing legal and related services. We will primarily use your Personal Information only for the purpose for which it was originally or primarily collected. We will use your Personal Information for a secondary purpose only if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following- |
| 4.1.1 | operating our business |
| 4.1.2 | analysis, evaluation, review and collation of information in order to determine legal issues and potential disputes, provide legal advice and prepare or comment on opinions, memoranda, agreements, correspondence, reports, publications, documents relating to legal proceedings and other documents and records(whether in electronic or any other medium whatsoever) – |
| 4.1.3 | compliance with law and fraud prevention |
| 4.1.4 | transfer of information to service providers and other third parties or |
| 4.1.5 | recruitment. |
| 4.2 | We may process your Personal Information for internal management and management reporting purposes, including but not limited to: conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and for management reporting analysis. |
| 4.3 | We may process your Personal Information for safety and security purposes. |
| 5. | PROCESSING OF SENSITIVE PERSONAL INFORMATION |
| Where we need to process your Sensitive Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose and in accordance with applicable law. |
| 6. | DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES |
| 6.1 | We may disclose or share your Personal Information to our associates and service providers, for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your Personal Information- |
| 6.1.1 | if required by law; |
| 6.1.2 | legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation; |
| 6.1.3 | where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights; |
| 7. | DATA SECURITY |
| 7.1 | We implement appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law. |
| 7.2 | Where there is reasonable grounds to believe that your Personal Information that is in our possession has been accessed or acquired by an unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for the detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation. |
| 7.3 | Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy during the course of such transmission. |
| 8. | DATA ACCURACY |
The Personal Information provided to Du Plessis Van Loggenberg should be accurate, complete and up to date. Should Personal Information change, the onus is on the provider of such data to notify Du Plessis Van Loggenberg of the change, and to provide Du Plessis Van Loggenberg with the accurate data. |
| 9. | DATA MINIMISATION |
| Du Plessis Van Loggenberg will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary purpose and applicable legitimate purpose for which it was collected. |
| 10. | DATA RETENTION |
| Du Plessis Van Loggenberg shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose or a legitimate interest or for the period required to comply with an applicable legal requirement, whichever is longer. |
| 11. | YOUR LEGAL RIGHTS |
You may have rights under the South African and other laws ie. PAIA Act to have access to your Personal Information and to ask us to rectify, delete and restrict use of, your Personal Information being used. You may also have rights to object to your Personal Information being used, to ask for the transfer of Personal Information you have made available to us and to withdraw consent to the use of your Personal Information. To exercise your rights click on the link provided or make use of the email address provided below. |
| 12. | CONTACT DETAILS |
The Information Officer Stella van Loggenberg Email stellav@dpvl.co.za |