PRIVACY POLICY

2. SCOPE AND APPLICATION

2.1 Personal Information is information which identifies or could reasonably be associated with you. This policy applies to all data subjects (persons, whether a natural or juristic person, to whom personal information relates), whose Personal Information we collect, regardless of the country where you live or work.

2.2 This policy applies to all Personal Information, whether it was provided to us through consultation or through any other form of communications with you such as email, telephone, or otherwise or by third parties.

 

3. INFORMATION COLLECTED

3.1 Information you provide to us

3.1.1 The Personal Information we collect, and process may include, but is not limited to, your contact information or
when you apply for a working position at our firm (such Personal Information may include your name, identity or
passport number, email address, physical address, telephone numbers, information relating to your occupation,
gender and any documentation required for purposes of recruitment).

3.1.2 Please note that you are not obliged to provide your Personal Information to us. However, you may choose to do
so voluntarily.

3.2 Compulsory Personal Information

 

3.2.1 The Compulsory Information we collect from you are as follows:
3.2.1.1 your name and surname; and
3.2.1.2 your contact details, such as your email address and/or your telephone number.
3.2.2 Depending on the nature of your engagement or relationship with us, other types of Personal Information may be
necessary, including:

3.2.2.1 financial (including bank account details, tax information);
3.2.2.2 names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and
3.2.2.3 information which may be necessary to ensure our compliance with the Financial Intelligence Centre Act, Act 38 of 2001.

​

3.2.3 All other Personal Information is optional. If you do not agree to share the above-mentioned 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 services. 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 services from us.

3.2.4 We strive to collect only that Personal Information which is necessary for the intended purpose of the collection.

3.3 Information automatically collect about you

3.3.1 With every Deeds Search, CIPC search and e-mails sent to us, we may automatically collect and store certain
information about you. This includes, but is not limited to the following:

​

3.3.1.1 contact information;
3.3.1.2 Personal Information like your names and surname;
3.3.1.3 residential or registered address;
3.3.1.4 place of work; and
3.3.1.5 e-mail address.

3.3.2 We may collect and process different types of personal data while operating our business and providing our
services. The Personal Information that we collect and require may change from time to time and we will update
these terms and conditions accordingly.

3.3.3 The information may also be shared with identified third parties, such as the Receiver of Revenue, as required by
you or by law to perform our duties in the matter/transaction.

​

​

4. USE OF YOUR PERSONAL INFORMATION

​

4.1 We will collect, use, disclose or process your Personal Information in accordance with this policy.

 

4.2 When you provide us with your Personal Information as stipulated in clause 3 of this policy, we will use your
information to:

 

4.2.1 to provide legal services;
4.2.2 in relation to matter-related documents and information for drafting;
4.2.3 to invest funds on your behalf;
4.2.4 to comply with our regulatory reporting obligations;
4.2.5 to comply with our statutory obligations, including client identification and verification;
4.2.6 to conduct the recruitment process, which includes doing criminal and credit checks, the capturing of a job applicant's    details;
4.2.7 to retain and make information available to you on request;
4.2.8 to maintain and update our client, or potential client databases;
4.2.9 to establish and verify your identity;
4.2.10 to detect, prevent alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files or

contraventions of this policy;
4.2.11 to inform you about any changes relevant to you;
4.2.12 for security, administrative and legal purposes;
4.2.13 for client relations purposes, which may include storage of clients'; original documents;
4.2.14 to communicate with you and retain a record of our communications with you and your communications with us;
4.2.15 to fulfil contractual obligations that he may have towards you or any third party;
4.2.16 send you documents which you must complete and return to us; and
4.2.17 communicate with you regarding appointments.

 

4.3 We will not retain your Personal Information for longer than is necessary to achieve the purpose for which he collected
it unless there is a lawful basis or legal requirement for us to retain your personal information for a longer period.

Children

4.4. Our services are not targeted at people under the age of 18 however we may in limited instances process Personal Information of children including while 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.

4.5 We will not knowingly collect Personal Information of persons in this age group without express consent to do so or without a legal obligation to do so.

​

​

5. SHARING OF YOUR PERSONAL INFORMATION

 

5.1 We will not intentionally disclose your Personal Information without obtaining your permission first, as permitted by applicable law or in the manner as set out in this policy.
 

5.2 You agree and give permission to us to share your Personal Information under the following circumstances:
 

5.2.1 with our agents and correspondents that have agreed to be bound by applicable data protection legislation and this policy or similar terms, which offer the same level of protection as this policy;

5.2.2 with our employees, suppliers, consultants and contractors 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 and reporting purposes (e.g. the South African Revenue Service); development and administration, technical support and other support services relating to the operation of our business. 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 and containing confidentiality, non-disclosure and data protection provisions. Such persons may be disciplined, their contracts terminated, or other
appropriate action taken if they fail to meet their obligations;
5.2.3 to enable us to enforce or apply these terms and/or any contract you have with us;
5.2.4 to protect our rights, property or safety or that of our clients, employees, contractors, suppliers, agents and any other third party;
5.2.5 with governmental agencies and other regulatory or self-regulatory bodies, if required to do so by law or when we reasonably believes that such action is necessary to:

5.2.5.1 comply with the law or with any legal process;
5.2.5.2 protect and defend the rights, property or safety of our legal firm, or our clients, employees, contractors, suppliers, agents or any third party;

5.2.5.3 detect, prevent fraud, security breaches, technical issues, or the abuse and/or contraventions of this policy; and/or

5.2.5.4 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).

5.3 We will get your permission before disclosing your Personal Information to any third party for any other purpose, if we
is required by law to do so.

​

​

6. DISCLOSURE OF INFORMATION

​

It may be required from us to disclose your Personal Information with courts, tribunals, and opposing or other related parties to such proceedings and their professional advisors, in response to a court order, subpoena, other legal process, or as otherwise required by law.

​

​

7. STORAGE AND TRANSFER OF YOUR PERSONAL INFORMATION

​

7.1 We stores your Personal Information on:

7.1.1 our premises, in the form of hard copies;
7.1.2 our servers; or
7.1.3 on the servers of our third-party service providers, such as Dropbox and AJS-accounting services.

​

​

8. RETENTION OF YOUR PERSONAL INFORMATION

​

8.1 We may keep your Personal Information for as long as you continue to be our client, provide services or products to us, and/or use our services or for as long as reasonably necessary or until you contact us and ask us to destroy it.
 

8.2 Aside from clause 8.1 above and any other clause in this policy, we may retain and process some or all your Personal Information if and for as long as:
 

8.2.1 we are required or permitted by law, a code of conduct or a contract with you to do so;
8.2.2 we reasonably need it for lawful purposes related to the performance of our functions and activities;
8.2.3 we reasonably require it for evidentiary purposes; and/or
8.2.4 you agree to us retaining it for a specified further period.
 

8.3 To determine the appropriate retention period for personal information, he will consider, among other things, the nature and sensitivity of the Personal Information provided to us, the potential risks or harm that may result from its unauthorised use or disclosure, the purposes for which we processes it and whether those purposes may be achieved through other means. We will always comply with applicable legal, regulatory, tax, accounting, or other requirements as they pertain to the retention of Personal Information.

​

​

9. MAINTENANCE OF YOUR PERSONAL INFORMATION

​

9.1 Where required by law, we will take reasonable steps to ensure that your Personal Information is accurate, complete, and up to date.

9.2 We also acknowledge that you may have rights of access to, and the right to rectify, your Personal Information, and rights to object to the processing of your Personal Information in certain circumstances.

​

9.3 You must inform us if any of the Personal Information concerning you is incorrect, incomplete, misleading, or out of date, by notifying us at the contact details set out in clause 15.

9.4 If required by law, we shall take all reasonable steps to correct or update your Personal Information, having regard to the purpose for which such Personal Information was collected or used.

​

10. SECURITY

​

10.1 We take reasonable technical and organisational measures to secure the integrity of your Personal Information and uses accepted technological standards to prevent unauthorised access to or disclosure of your Personal Information, and protect your Personal Information from misuse, loss, alteration, and destruction.

10.2 We review our information collection, storage and processing practices, including physical security measures periodically, to ensure that we keep abreast of good practice.

10.3 We also create a back-up of your information for operational, business continuity and safety purposes.

 

10.4 Despite the above measures being taken when processing Personal Information and special Personal Information, subject to the provisions of this clause 10, 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.

 

10.5 We have implemented procedures to address actual and suspected security data breaches and will notify you and the relevant regulatory authorities in instances in which we are legally required to do so and within the period in which such notification is necessary.

 

10.6 In this clause, you acknowledge and confirm 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. We do not promise 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 us if you suffer losses or damages in these circumstances.

​

11. YOUR RIGHTS

​

11.1 Data protection legislation may confer certain rights on you in respect of your Personal Information. We aim to be clear about what Personal Information we collect so that you can make informed choices about what Personal Information you provide to us. You may, for example:

11.1.1 request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected;
11.1.2 request erasure of your Personal Information, where there is no lawful basis for the retention or continued processing of it;
11.1.3 object to the processing of your Personal Information for a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedom;
11.1.4 request restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction;
11.1.5 withdraw consent which you previously gave to the processing of your Personal Information at any time. You may withdraw your consent for us to process your Personal Information at any time. The withdrawal of your consent can only be made by you on condition that such withdrawal of your consent:

11.1.5.1 does not affect the processing of your Personal Information before the withdrawal of your consent; or
11.1.5.2 does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or

11.1.5.3 does not affect the processing of your Personal Information where such processing is necessary for the proper performance of a public law duty by a public body; or

11.1.5.4 does not affect the processing of your Personal Information as required to finalise the performance of a contract in which you are a party; or

11.1.5.5 does not affect the processing of your Personal Information as required to protect your legitimate interests or our own legitimate interests or the legitimate interests of a third party to whom the information is supplied.

​

11.2 Withdrawal of consent may limit our ability to provide certain services to you or the ability of a third party to provide certain services to you but will not affect the continued processing of your Personal Information in instances in which your consent is not required.

11.3 Institute civil proceedings regarding an alleged interference with the protection of your Personal Information processed in accordance with this policy.
11.4 As far as the law allows, we may charge a fee for attending to any of the above requests and may also refuse to carry out any of your requests in whole or in part.

​

12. YOUR RESPONSIBILITIES

​

12.1 With regard to any Personal Information that you provide, regardless of whether that Personal Information relates to you or a third party, you hereby represent and warrant to Terblanche Geldenhuys Incorporated that:

12.1.1 such Personal Information is accurate and complete,
12.1.2 you have the lawful basis to provide that information to us; and
12.1.3 you have obtained the necessary consent from, any third party whose Personal Information you have provided to us.

​

​

13. CONSUMER PROTECTION ACT, PROTECTION OF PERSONAL INFORMATION ACT AND OTHER LAWS

​

13.1 If this policy or any provision in policy is regulated by or subject to the Consumer Protection Act, 68 of 2008, the Protection of Personal Information Act, 4 of 2013 ("POPIA") or other laws, it is not intended that any provision of this policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore, all provisions of this policy must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act, POPIA and such other laws are complied with.
 

13.2 No provision of this policy:
 

13.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
13.2.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
13.2.3 limits or excludes any warranties or obligations which are implied into this policy by the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws or which we give under the Consumer Protection Act (to the extent applicable), POPIA (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.

​

14. CHANGES TO THIS POLICY

​

We will occasionally update this policy as necessary to protect our clients and to comply with the changing environment. We advise that you check the policy when you visit our office.

​

15. CONTACT INFORMATION

​

If you have any questions about this policy, please email us at reception@tglaw.co.za.