Privacy statement

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Contact information displayed on our website is personal information in terms of the Protection of Personal Information Act, and may not be incorporated into any filing system for any purpose.

Statement

• This Privacy Policy sets out the lawful terms on which we process any information we collect in the course of your website usage or information you provide to us voluntarily. If you do not agree with these terms, you must not access and use this website.
• Some information about your website usage may be collected automatically by accessing and using this website, and other information may be processed by us after you have voluntarily consented to share it with us.
• We are bound by conditions for the lawful processing of (personal) information as set out by the Protection of Personal Information Act, 4 of 2013 (“POPIA”), and by conditions for accessing information as set out in the Promotion of Access to Information Act, 2 of 2000 (“PAIA”).

Section 18 POPIA notification

• (a) INFORMATION – We may need to collect and process information that identifies you, other people, or a juristic person, as part of our normal business operations, for purposes listed in (c) below. This information may include your name, surname, company and tax registration, contact details, and other personal identifiers you voluntarily or necessarily share with us in the context of our commercial transactions with you;
• (b) RESPONSIBLE PARTY – The responsible party is Clark Cupido Attorneys, 9th Floor Vunani Chambers; 33 Church Street, Cape Town, 8000 and may be contacted at mandy@clarkcupido.co.za;
• (c) PURPOSE – We must process particular personal information about you to comply with company, tax, data protection and access to information legislation. We may need to process personal information about you to pursue and protect our and your legitimate interests, to communicate with you about queries, products or services you have requested, and to negotiate, perform or conclude our contracts and transactions with you. We may process personal information about you for the purpose of direct marketing, but only after you have consented and only for as long as you do not withdraw that consent. Where there is no obligation, legitimate interest or consent, we may ask you to consent to any further processing of your information, and you may refuse;
• (d) SUPPLY – We only request and process information about you that is adequate, relevant and proportionate to the purpose for which we collect it. To enable us to comply with our legal and contractual obligations to you, it may be mandatory for you to supply the information listed in (a) to us – without it, we simply cannot do business with you;
• (e) CONSEQUENCES – Should there be instances where particular information may be withheld by you, we will indicate the consequences of doing so on a case by case basis;
• (f) LAW – Company, tax, data protection and access to information law authorises or requires us to process the information listed in (a);
• (g) THIRD COUNTRIES – We do not transfer your personal information across South African borders. The servers we process your information on, are located in South Africa;
• (h) RECIPIENTS – We do not share your personal information with third parties without your explicit consent, other than Clark Cupido Attorneys staff and management, and Operators that are contracted by us to manage information on our behalf in terms of sections 20 and 21 POPIA. These Operators (may) include external accountants, auditors, attorneys, government institutions, and internet service providers.
• Your Rights As prescribed in our Data Access & Protection Manual, you have the right to request access to information we process about you, and the right to request amendments. If you have reasonable grounds related to your particular situation, you may also object to our processing of your personal information. You have the right to lodge a complaint with the Information Regulator at JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001, P.O Box 31533, Braamfontein, Johannesburg, 2017, Tel No. +27 (0) 10 023 5207, complaints.IR@justice.gov.za

Personal Information

• Personal information is information by which you or a company may be identified.
• Information we collect with your consent – We may collect some information about how you interact with our website by means of cookies, to which you may consent or object in the Cookie Settings. This information is shared with Google, and may include the (anonymised) IP address your device uses to connect to the Internet, device and browser type and version, time zone setting, operating system, page interaction and navigation. More about cookies
• Information you share voluntarily – If you voluntarily share personal information with us, you consent to our collection and usage of that information for the purpose we or you indicated at the time of the collection or the sharing, under conditions set out in this Privacy Statement.
• If we want to use your personal information for any other purpose, or share it with third parties in- or outside of South Africa, we will ask you before we do, and you may refuse.
• You warrant that all personal information provided by you is accurate, complete and not misleading.

Personal information received from third parties

• Before we agree to receive personal information from third parties, we require evidence of their compliance with the notification obligations in terms of Article 13 of the General Data Protection Regulation 2016/679 (“GDPR”) and Section 12(b) of POPIA (for EU citizens) and in terms of Section 18 of POPIA (for all other citizens).

Private correspondence

Privacy The content of correspondence, including but not limited to email, fax, and text messages we send to you personally, is never intended for public access – it is intended for the addressee only, and may include protected personal information about us, you, other people or juristic persons. If you are not the intended recipient of such correspondence, do not forward, disseminate or publish its content – doing so may be a violation of data protection regulation. Please notify us and destroy the content. We apologise for any inconvenience, and guarantee to rectify the mistake with immediate effect.

Security You accept that no correspondence can be guaranteed to be 100% secure or error free. We do not accept liability for any errors in its content, or for harm resulting from the unauthorised interception, access, use, publication, dissemination or destruction of its content.