Definition:

In this contracted unless stated otherwise indicates otherwise, the following terms and expressions shall have the separate meaning assigned to them hereunder:

1.1. “Agent” refers to the person appointed by IV ATTORNEYS INC in providing the service;

1.2. “Child” means the child (under the age of 18);

1.3. “Competent person” means any person who is legally competent to consent to any actions or decisions being taken in respect of any matter concerning a child;

1.4. “Data Breach” means any security compromise as envisaged by section 22 of the POPI Act;

1.5. “Data Subject” means the person to whom personal information relates;

1.6. “Information Regulator” means the Information Regulator established in terms of section 39 of the POPI Act;

1.7. “IP address” means a unique address that identifies a device on the Internet or a local network’

1.8. “Operator” means a person or entity who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;

1.9. 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;

1.10. “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 destruction of information;

1.11. “Protected Data” means all Personal Information supplied to the Service Provider by the Catapult to enable it to perform its duties and obligations;

1.12. “Responsible Party” means 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;

1.13. “the POPI Act” means the Protection of Personal Information Act 4 of 2013. Any reference to the POPI Act shall include all regulations issued in terms of the POPI Act and all directives and other guidance documents issued by the Information Regulator;

1.14. “Traffic data” means any data processed for the purpose of the conveyance of a communication on an electronic communications network in respect of that communication and includes data relating to the routing, duration or time of a communication;

1.15. “Service” means Legal services provided to the client;

1.16. “We” or “us” refers to IV Attorneys Inc.

1.17. “Web browser” means an application used to access and view this website. Well known web browsers include Internet Explorer, Google Chrome and Safari.

INTRODUCTION

IV ATTORNEYS INC is committed to compliance with, and adheres to the POPI Act. This privacy notice has been adopted as part of IV Attorneys Inc Personal Information Protection Compliance Framework.

During your interactions with us, it may happen that we need to process some information about you which may constitute personal information for purposes of the POPI Act, which may include accessing it, storing it, merging it with other information, deleting or destroying it, and possibly sharing it with third parties.

This policy document establishes measures and standards for the protection and lawful processing of personal information within our organisation and provides principles regarding the right of individuals to privacy and to reasonable safeguarding of their personal information.

In terms of section 18 of the POPI Act we are required to bring to your attention certain matters relating your personal information, which we set out in this policy document. By interacting with us and providing your personal information to us, you acknowledge that you have read and understood this policy document and agree to the contents hereof. You furthermore authorise us to take any of the actions described herein insofar as your personal information is concerned.

INFORMATION THAT WE PROCESS

We process various types of information relating to various data subjects. We collect various types of personal information as outlined in sec 1 of the POPI Act above. We collect personal information relating to e-mail addresses, identifying number, telephone number, physical address, online identifier or other particular assignment to the person.

HOW WE PROCESS IT

We process personal information by way of digital and physical means. We take measures to ensure that all information collected is safeguarded and protected.

REASONS FOR PROCESSING PERSONAL INFORMATION

The proper functioning of IV Attorneys Inc, requires us to process certain personal information. This could be for any of the following reasons:

  • To provide Legal services to our clients and interactions with clients;
  • To provide information to our Agents in order to provide the required service;
  • To facilitate internal communications and interaction between Agents and management;
  • Any other reason which is integral to our functioning properly.

WHERE WE MAY OBTAIN YOUR PERSONAL INFORMATION FROM

In most cases, we will request your personal information directly from you. However, in some cases we may need to obtain it from third parties. This will be the case if you have authorised us to do so, or where the nature of our interaction with you reasonably requires us to do so. We may also be legally required to independently verify some of the information provided to us in terms of applicable Legislation anti-terrorism and anti-money laundering legislation.

You hereby warrant that you have the express and informed consent of such third parties to provide us with any such information and indemnify us against any liability to such third parties, or any other party, as a result of a lack of such authorization.

Where we need to process information classified as “special” personal information (e.g. medical information) for any of the reasons specified above, you hereby consent to our processing of such special personal information.

SHARING OF YOUR PERSONAL INFORMATION WITH THIRD PARTIES

We also engages with various third parties, to improve its service, create efficiency in its operations, and contribute towards the overall wellbeing of clients. We will share your personal information if you have provided consent.

When we share your information with any third party, they will be required to respect your right to privacy and we will ensure that they have the necessary safeguards in place to secure your personal information. We will only allow third parties to process your personal information for a specific purpose, in accordance with our instructions and applicable law.

We may need to share your personal information with third parties., in the following instances:

  • Transmitting or storing such information through, or on, electronic communication and storage infrastructure administered by third party service providers, which is subject to reasonable security safeguards.
  • However, depending on the nature of our interaction with you, we may need to share some of your personal information with other third parties. This is especially the case where we are legally required to provide information in terms of applicable Legislation.

RETENTION OF YOUR PERSONAL INFORMATION

In general, we only retain your personal information for the duration of our interactions with you and for a reasonable period thereafter, to facilitate further similar interactions. We are, however, in some cases legally required to keep certain information for specific periods of time, which usually does not exceed a period of 5 years.

Information that we retain for marketing or statistical purposes may be retained indefinitely, provided that you have authorised us to use the information for marketing purposes or, in the case of use for statistical purposes, that the information has been anonymized.

INFORMATION SECURITY

As required by section 19 of the POPI Act, the confidentiality and integrity of any personal information processed by us is subject to reasonable technical and organisational safeguards to prevent loss, damage, destruction or unauthorised access, having due regard to generally accepted information security practices and procedures.

We are not liable to you, or any other person, for any harm, loss, damage, destruction, or unauthorized access that may occur despite our implementation of such reasonable safeguards.

YOUR RIGHTS

In terms of sections 23 and 24 of the POPI Act, you have the right to access, and to request us to correct, any personal information retained by us, subject to the provisions of those sections.

You furthermore have the right, in terms of section 11(3) of the POPI Act, to object to our holding of your personal information.

PERSONAL INFORMATION OF CHILDREN

The data subject providing personal information of children must be authorised to do so and be carried with prior consent of a competent person.

USAGE DATA

Usage Data is collected automatically when using the website.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our website or when you access the website by or through a mobile device.

THE USE OF COOKIES

We may place small text files on your device when you visit our website that allow us to provide you with a personalised experience by associating your personal information with your device. They let us remember your preferences, allow third parties to provide services to you, and otherwise serve useful purposes for you. Your internet browser generally accepts them automatically, but you can often change this setting or delete them manually. However, we won’t be able to provide you with access to certain aspects of our website where cookies are necessary if you do so. We have no access to or control over any cookies that our business partners use on our website and they have their own privacy policies that govern them.

LINKS TO SOCIAL NETWORKING SERVICES

IV Attorneys uses social networking services such as Twitter, Instagram and Facebook to communicate with the public about its work. When you communicate with us through these services, that social networking service may collect your personal information for its own purposes.

These services may track your use of the website on those pages where their links are displayed. If you are logged in to those services (including any Google service) while using our website, their tracking will be associated with your profile with those service providers.

These services have their own privacy policies which are independent of the privacy policy and practices of IV Attorneys Inc.

POLICY PRINCIPLES

Principle 1: Accountability

  • We must take reasonable steps to ensure that personal information obtained is stored safely and securely.

Principle 2: Processing limitation

  • We will collect personal information directly from clients.
  • Once in our possession we will only process or release information with client’s consent, except where we are required to do so by law. In the latter case we will always inform the client.

Principle 3: Specific purpose

  • We collect personal information to enable us to perform our services.

Principle 4: Limitation on further processing

  • Personal information may not be processed further in a way that is incompatible with the purpose for which the information was collected initially. We collect personal information for purposes of providing our services.

Principle 5: Information quality

  • We are responsible for ensuring that information is complete, up to date and accurate before we use it. This means that it may be necessary to request from data subjects, from time to time, to update information and confirm that it is still relevant. If we are unable to reach a data subjects for this purpose their information will be deleted from our records.

Principle 6: Transparency/openness

  • Where personal information is collected from a source other than directly from a data subject (EG Social media, portals) we are responsible for ensuring that the data subject is aware:
    • That their information is being collected;
    • Who is collecting their information by giving them our details;
    • Of the specific reason that you are collecting their information.

Principle 7: Security safeguards

  • We will ensure technical and organisational measures to secure the integrity of personal information, and guard against the risk of loss, damage or destruction thereof. Personal information must also be protected against any unauthorised or unlawful access or processing. We are committed to ensuring that information is only used for legitimate purposes with candidate consent and only by authorised employees of our agency.

Principle 8: Participation of individuals

  • Data Subjects are entitled to know particulars of their personal information held by us, as well as the identity of any authorised employees of our agency that had access thereto. They are also entitled to correct any information held by us.

DATA SUBJECTS

By Submitting your information, you hereby confirm:

  1. That you have read and understood our POPI Policy;
  2. That you have no objection to us retaining your personal information in our database;
  3. That the information you have provided to us is true, correct and up to date.

If you have any additional questions about our , processing, collection and storage of data, please contact us at:

Tel: 063 984 5540

Email: info@ivlegal.co.za

www.ivlegal.co.za