If you struggle to understand this contract, feel free to call us on 021 422 0269 for an explanation. A lot of the wording is quite technical.
- DEFINITIONS (see the Annexure at the end of this policy for the full wording of the defined terms)
- “CPA” means the Consumer Protection Act 68 of 2008.
- “TBA” means Trudie Broekmann Attorneys, with registered address at 2nd Floor, 218 Buitengracht Service Road, Schotsche Kloof, Bo-Kaap, Cape Town, 8001.
- “Personal information” means “personal information” as defined in section 1 of POPI.
- “POPI” means the Protection of Personal Information Act 4 of 2013.
- “Processing” means “processing” as defined in section 1 of POPI.
- “Special personal information” means “special personal information” as defined in section 26 of POPI.
- “Website” means the website of TBA, being broekmann.co.za.
- TBA is a law firm specialising in commercial, corporate and consumer law, with its office at 2nd Floor, 218 Buitengracht Service Road, Schotsche Kloof, Bo-Kaap, Cape Town, 8001.
- TBA is a responsible party in respect of your personal information and special personal information, which means that TBA determines the purpose of and means for processing your Personal Information.
- TBA is committed to protecting and respecting your privacy. We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.
- The TBA Information Officer is:
Business address: 2nd Floor, 218 Buitengracht Service Road, Schotsche Kloof, Bo-Kaap, Cape Town, 8001
Email address: firstname.lastname@example.org
Telephone number: 021 422 0269
Fax number: 086 293 4025
- CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION
- DEFINITION OF PERSONAL INFORMATION
- “Personal information” refers to private information about an identifiable living natural person or an identifiable existing juristic person. Personal information does not include information that does not identify you. The personal information that we collect about you may differ on the basis of your engagement with us or the products and services that you receive from TBA or that you provide to TBA.
- “Special personal information” refers to details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or information about your criminal offences or convictions.
- TBA hereby notifies you that, in certain circumstances, by engaging with TBA, TBA may collect and process your personal information and certain special personal information about you.
- PROCESSING OF SPECIAL PERSONAL INFORMATION
- The processing of special personal information requires higher levels of protection and TBA needs to have further justifications for processing special personal information. TBA has implemented appropriate policies and safeguards, which we are required by law to maintain, to process special personal information.
- TBA will generally not process special personal information about you unless it is necessary for establishing, exercising or defending a right or obligation in law, or where we have obtained your consent to do so. On rare occasions, there may be other reasons for processing your special personal information, such as where the information has been deliberately made public by you.
- USE AND COLLECTION OF PERSONAL INFORMATION
- To monitor and improve the website, TBA may use technology to gather information about your use of the website including details of your operating system, browser version, domain name, and IP address. This is done through the technology known as “cookies”. If you do not wish us to collect the information your browser should allow the disablement of cookies.
- Your personal information may be collected in the following ways:
- through direct or active interactions with you;
- through automated or passive interactions with you (e.g. cookies); and
- from third parties and public sources.
- TBA may also use your personal information for the following purposes:
- to provide legal services to our clients;
- for legal research, referencing and drafting;
- to comply with our regulatory reporting obligations;
- to comply with our statutory obligations,
- to conduct the recruitment and hiring processes, which includes conducting criminal record and credit checks (where appropriate), the capturing of a job applicant’s details and providing status updates to job applicants;
- in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;
- to retain and make information available to you on the Website;
- to maintain and update our client, or potential client databases;
- to establish and verify your identity on the Website;
- to operate, administer, secure and develop the Website and the performance and functionality of the Website;
- to create user profiles, compile and use statistical information (including non-personal information) about you and other users and their access to the Website and to analyse and compare how you and other users make use of the Website, including (without limitation) their browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users and tailoring information and content for users;
- to conduct market research surveys;
- to offer you information and content which is more appropriately tailored for you as far as reasonably possible;
- to provide you with the latest information about our products and services or events provided that you have agreed to receive such information;
- for security, administrative and legal purposes;
- to communicate with you and retain a record of our communications with you and your communications with us;
- to fulfil any contractual obligations that we may have to you or any third party;
- to invite you to webinars, functions or events that we may host;
- to analyse and compare the types of Access Devices that you and other users make use of and your physical location; and
- for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and/or the use of the website, our business activities or such other purpose for which it was collected.
- TBA will obtain your permission before collecting or using your personal information and/or special personal information for any other purposes.
- COMPULSORY PERSONAL INFORMATION AND CONSEQUENCES OF NOT SHARING IT WITH TBA
- The following information is compulsory personal information:
- your name and surname;
- your contact details, such as your email address and/or your telephone number.
- Depending on the nature of your engagement or relationship with TBA, other types of personal information may be necessary, including:
- financial information (including bank account details, tax information);
- names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and
- information which may be necessary to ensure our compliance with the Financial Intelligence Centre Act, 38 of 2001.
- If you do not agree to share the compulsory personal information with us, then you will not be able to engage with us, supply your products or services to us or make full use of our products and services and/or the features that are offered to website users or clients, including products and services which are available on the website. If you do not agree to share your optional information with us, then you might not be able to engage with us fully, be paid for your products and services or receive complete and accurate products and services from us or enjoy all of the features and functionality on the website, including certain content and products and services.
- You agree and accept that there is certain compulsory personal information you must provide us with if you want to engage with us fully, supply your products or services to us and/or enjoy all of the features and functionality on the website. If you decide not to provide us with such compulsory personal information, you agree that we may limit our engagement with you, our procurement of your goods and services and certain features and functionality on the website.
- The following information is compulsory personal information:
- DISCLOSURE OF YOUR PERSONAL INFORMATION
- You agree and give permission for us to share your personal information under the following circumstances:
- with our employees, suppliers, consultants, contractors and agents if and to the extent that they require such personal information in order to process it for us and/or in the provision of services for or to us, which include research, reporting purposes (e.g. the South African Revenue Service); hosting, development and administration, technical support and other support services relating to the website or the operation of the business of TBA. We will authorise any personal information processing done by a third party on our behalf, amongst other things by entering into written agreements with those third parties governing our relationship with them;
- to enable us to enforce or apply any Agreement you have with us;
- to enable us to monitor web traffic for internal review purposes, to tailor information to individual visitors and for traffic audits;
- for statistics purposes: TBA may perform statistical analyses in order to measure interest in the various areas of the website (for product development purposes);
- to protect the rights, property or safety of TBA or that of our clients, employees, contractors, suppliers, agents and any other third party;
- with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believe that such action is necessary to:
- comply with the law or with any legal process;
- protect and defend the rights, property or safety of TBA, or our clients, employees, contractors, suppliers, agents or any third party;
- protect the rights, property or safety of members of the public (if you provide false or deceptive information or misrepresent yourself, we may proactively disclose such information to the appropriate regulatory bodies and/or commercial entities).
- TBA will get your permission before disclosing your personal information to any third party for any other purpose, if we are required by law to do so.
- STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION
- TBA stores your personal information on:
- our premises, in the form of hard copies;
- the premises of third-party operators such as document storage service providers;
- our servers;
- on the servers of our third-party operators, such as IT systems or hosting service providers;
- our cloud; and/or
- the electronic devices of employees of TBA.
- TBA will ensure that all third-party operators used to store and/or process personal information are bound by the provisions of POPI and service level agreements have been concluded between TBA and the operator.
- All TBA employees and directors are bound by confidentiality clauses which form part of their contracts of employment.
- From time to time, TBA and its third-party operators may need to transfer to and/or store your personal information on servers in a jurisdiction other than where it was collected (i.e. outside of South Africa) and we hereby notify you that such jurisdiction may not have comparable data protection legislation.
- If the location to which personal information is transferred and/or is stored does not have substantially similar laws to those of South Africa, which provide for the protection of Personal Information, we will take reasonably practicable steps to ensure that your personal information is adequately protected in that jurisdiction.
- TBA stores your personal information on:
- SAFEGUARDING YOUR PERSONAL INFORMATION
- TBA have put in place reasonable and appropriate technical and organizational safeguards and measures to protect and guard against unauthorized or unlawful processing of personal information and against accidental loss, destruction or damage to personal information.
- TBA reviews the processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.
- TBA also creates a back-up of your information for operational, business continuity and safety purposes.
- Despite the above measures being taken when processing personal information and special personal information, as far as the law allows, we will not be liable for any loss, claim and/or damage arising from any unauthorised access, disclosure, misuse, loss, alteration or destruction of your personal information and/or special personal information.
- TBA has implemented policies and procedures to address actual and suspected data breaches and undertakes to notify you and the Information Regulator of breaches in instances in which TBA is legally required to do so and within the period in which such notification is necessary.
- You acknowledge that you know and you accept that technology is not absolutely secure and there is a risk that your personal information and special personal information will not be secure when processed by means of technology. TBA does not promise or guarantee that we can keep your personal information and special personal information completely secure. To the maximum extent permitted by law, you will not be able to take action against TBA if you suffer losses or damages in these circumstances
- RETENTION OF YOUR PERSONAL INFORMATION
- TBA may keep your personal Information for as long as you continue to engage with us, provide services or products to us, access the website and content and/or use our products and/or services or for as long as is necessary to achieve the purpose for which the information was collected and processed.
- TBA shall comply with the Rule 54.9 of the Legal Practice Council Rules and shall retain a record of personal information for a period of seven (7) years from the date of last entry on the record.
- QUALITY OF YOUR PERSONAL INFORMATION
- TBA shall take reasonably practicable steps to ensure that your personal information collected and processed by TBA is complete, accurate, not misleading and updated where necessary.
- TBA also acknowledges that you have the right to request access to and the correction of your personal information held by TBA.
- You must let TBA know if any of the personal information that we have about you is incomplete, incorrect, misleading or out of date, by notifying us at the contact details set out in clause 2.4 above or, where applicable, by notifying your TBA contact.
- YOUR RIGHTS
- You may:
- request access to your personal informationthat TBA holds;
- request the correction of your personal information;
- request the deletion of your personal information, where there is no lawful basis for the retention or continued processing of it;
- object to the processing of your personal information;
- request restriction of processing of your personal information;
- withdraw the consent that you previously gave to TBA for the processing of your personal information;
- report any contravention of POPI to the Information Regulator.
- You may:
- the Website and our products or services are not targeted at people under the age of 18.
- TBA may in limited instances process personal information of children including in the course of providing services to you. In such cases, the processing of personal information of children is conducted with the consent of a competent person or to comply with an obligation in law.
- TBA will not knowingly collect personal information of children without consent or a legal obligation to do so.
- DIRECT MARKETING
- TBA processes personal information for the purpose of direct marketing by way of electronic communication. We will only send you direct marketing materials if you have specifically opted-in to receive these materials, or if you are a client of TBA, at all times in accordance with applicable laws.
- If you complete the subscription form on the website, you agree to receive marketing communication from TBA.
- You may refuse to accept, require us to discontinue, or pre-emptively block any approach or communication from us if that approach or communication is primarily for the purpose of direct marketing.
- You may opt out of receiving direct marketing communication from us at any time by requesting us (in any manner, whether telephonically, electronically, in writing or in person) to stop providing any direct marketing communication to you. You may send your opt-out requests to the information officer or deputy information officer of TBA.
- THIRD-PARTY SITES
- TBA is not responsible for the privacy practices of such third-party websites, or for any claims, loss or damage arising therefrom.
- CONSUMER PROTECTION ACT, PROTECTION OF PERSONAL INFORMATION ACT AND OTHER LAWS
- QUERIES AND CONTACT DETAILS OF THE INFORMATION REGULATOR
- Should you feel that your rights in respect of your personal information have been infringed, please address your concerns to the Information Officer.
- You may also lodge a complaint with the Information Regulator:
Address: PO Box 31533, Braamfontein, Johannesburg 2017
‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
‘‘processing’’ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or
(v) photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;
(b) in the possession or under the control of a responsible party;
(c) whether or not it was created by a responsible party; and
(d) regardless of when it came into existence;
‘‘responsible party’’ means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;
‘‘special personal information’’ means personal information personal information concerning—
- the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or
- the criminal behaviour of a data subject to the extent that such information relates to the alleged commission by a data subject of any offence; or any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.