PRIVACY POLICY

BACK

Definitions:

“We” and “Us” shall mean:





‘’POPIA’’ shall mean:

‘’You’’ and “Your” shall mean:


‘’Personal’’ Information shall mean:


BATCHELOR SMITH MARAIS INC

Registration number: 2012/197342/21

of 13 Dana Street, Springbokpark, Cape Town, 7560;

the Protection of Personal Information Act 4 of 2013;

the ‘’Data Subject’’, the person to whom personal information relates;

personal information as defined in POPIA.
Purpose:
We respect your right to privacy and therefore aim to ensure that we comply with the legal requirements of the POPIA which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.

Collecting Personal Information:
We currently collect and process the following information (included, but not limited to):

Natural Persons:

Names, identity numbers, address, contact details, bank details, marital status, employment status.

Juristic Persons:

Name, company registration number, VAT registration number, bank details, contact details, address and shareholding information.

Personal Information is collected directly from data subjects, agents and regulatory bodies and will processed for purposes set out herein. Your failure to furnish pertinent information requested could impede our ability to provide services.

In accordance with the provisions of the POPIA, we will your process personal information:

1.for the purposes for which it was provided;

2.in order to carry out actions for the conclusion or performance of a contract to which you are a party;

3.in order to comply with obligations imposed by law on the business;

4.where the processing protects your legitimate interests;

5.where the processing is necessary for the proper performance of a public law duty by the business; or

6.where the processing is necessary for pursuing the legitimate interests of the business or of a third party to whom the information is supplied.

Minors:
If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.

If you believe that our processing of a minor child’s information is unlawful or in conflict with any authorisation provided by yourself, please contact us at the address set out below.

Processing of Information:
We will share your personal information:

1. in order to comply with applicable law or with legal process served on our company;

2. in order to protect and defend the rights or property of our company; and

3. with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.

4. with third parties if you have specifically requested us to do so.

Security Measures:
We will endeavour to:

1. treat your personal information as strictly confidential;

2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

3. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

4. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and

ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF OUTSIDE OUR REASONABLE CONTROL.

Retention:
We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

Selling Personal Information:
We do not sell the information and will only share same with persons as set out herein.

Collection of Information by “Cookies”
You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies." "Cookies" are small text files a website can use to recognise repeat users, facilitate the user's ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.

Transborder Flow of Information:
We may transfer your information outside South African borders for retention purposes and/or if our service provider/s are cross border or uses cross boarder systems. We will only share your information with service providers who have comparable privacy policies in place.
By entering into this agreement, you consent to the transfer of such information to them.

YOUR RIGHTS:
You have the right at any time to:

1.access your personal data by sending a written request to our Information Officer who’s contact details are set out below.

2.request us to correct or supplement any of your personal data which we will undertake as soon as practicable.

3. request the return or destruction of personal information. We will consider your request in light of any other laws or regulations prohibiting us from destroying your personal data; and

4. lodge a complaint with us.

In order to comply with any request received, we may require proof of identity.

Changes:
We may update this privacy notice from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Promotion of Access to Information Act:
In compliance with the provisions of the Promotion of Access to Information 2 of 2002 (PAIA), a copy of our manual is available via email our www.bsmattorneys.co.za.

Contact:
For more information about our privacy practices, if you have questions, or wish to lodge a complaint, please contact our Information Officer, Jaco Marais at jaco@bsmattorneys.co.za or via telephone on (021) 981 7230.

If you are not satisfied with our response to your query, you may approach the following regulatory body for further assistance:

THE INFORMATION REGULATOR (SOUTH AFRICA) SITUATE AT: JD HOUSE, 27 STIEMENS STREET, BRAAMFONTEIN, JOHANNESBURG, 2001.

COMPLAINTS: POPIAComplaints@inforegulator.org.za/ PAIAComplaints@inforegulator.org.za

GENERAL QUERIES: enquiries@inforegulator.org.za





Contact us for an appointment. CLICK HERE




TEL: +27 21 981 7230 | Address: 13 DANA STREET, BRACKENFELL, 7560


© Copyright 2021. BSM Attorneys. All rights reserved.