PRIVACY POLICY

1. INTRODUCTION

1.1 This privacy policy (“this Policy”) outlines how Thubela & Khumalo Attorneys Inc. protects and utilises your Personal Information.
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1. 2 By furnishing Thubela & Khumalo Attorneys with your Personal Information, you -

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1.2.1. consent to this Policy and authorise Thubela & Khumalo Attorneys Inc., to process such information set out herein; and

 

1.2.2. authorise Thubela & Khumalo Attorneys Inc., its Associates, Service Providers and other third parties to process your Personal Information for the purposes stated in this Policy.

1.3. Kindly take notice that Thubela & Khumalo Attorneys Inc., may review and update this Policy from time to time. The latest version of this Policy is available upon request.
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2. DEFINITION
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2.1. ” Associates” means Thubela & Khumalo Attorneys Inc’s shareholders, Thubela & Khumalo Attorneys Inc’s subsidiaries and/or directors, employees and consultants of Thubela & Khumalo Attorneys Inc., or of any of its subsidiaries.
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2.2. “Operator” means any person or entity that Processes Personal Information on behalf of the Responsible Party.
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2.3. “Person” means “a natural person or a juristic person
 
2.4.  “Personal Information” means information that is about any Person, or from which any Person is directly or indirectly identifiable.
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2.5. “POPIA” means the Protection of Personal Information Act 4 od 2013, as amended
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2.6. “Process, Processes, Processing or Processed” means anything that is done with Personal Information, whether or not by automated means, such collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
 
2.7. “Responsible Party” means the entity that decides how and why Personal Information is Processed.
 
2.8. “Sensitive Personal Information” means Personal Information refers to race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties or any other information that may be deemed to be sensitive in terms of POPIA.
 
2.9. “Service Provider” means third party providers of various services whom Thubela & Khumalo Attorneys Inc., engage. 2.10. “Website” means any website operated, or maintained, by Thubela & Khumalo Attorneys Inc., or on Thubela & Khumalo Attorneys Inc
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3. COLLECTION OF PERSONAL INFORMATION
 
3.1. Thubela & Khumalo Attorneys Inc., may collect or obtain Personal Information about you –
 
    3.1.1. directly from you;

 

3.1.2. in the course of providing services to you;

 

3.1.3. when you visit and / or interact with Thubela & Khumalo Attorneys Inc., or Thubela & Khumalo Attorneys Inc’s various social media platforms;

 

3.1.4. when you register to utlise any of Thubela & Khumalo Attorneys Inc’s services including, but not limited to newsletters;

 

3.1.5. when Thubela & Khumalo Attorneys Inc., conducts any background checks on you for the purpose of Thubela & Khumalo Attorneys Inc., 4 complying with its obligations in terms of the Financial Intelligence Centre Act 38 of 2001;

 

3.1.6. When you interact with any third party content or advertising on Thubela & Khumalo Attorneys Inc’s Website or various social media platform; or

 

3.1.7. When you visit Thubela & Khumalo Attorneys Inc’s office
 
3.2. Thubela & Khumalo Attorneys Inc., may also receive Personal Information concerning you from third parties (i.e – law enforcement authorities).
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4. CATEGORIES OF PERSONAL INFORMATION THUBELA & KHUMALO ATTORNEYS INC., MAY PROCESS
 
Thubela & Khumalo Attorneys Inc., may process the following categories of Personal Information about you –
 
4.1. demographic information such as your gender, date of birth / age, nationality, salutation, title and/or language preferences;
 
4.2. identifier information such as your name, passport or national identity number, utility provider details, bank statements and/or tenancy agreements;
 
4.3. contact details such as your correspondence address, telephone number, email address and/or details of your public social media profile(s);
 
4.4. instruction details such as the details of individuals instructing Thubela & Khumalo Attorneys Inc’s Personal Information included in correspondence, documents or other materials that Thubela & Khumalo Attorneys Inc., Processes in the course of providing services;
 
4.5. attendance records such as the details of meetings and other events organised by or on behalf of Thubela & Khumalo Attorneys Inc., that you have attended:
 
4.6. consent records such as records of any consents you have given, together with the date and time, means of consent and any related information
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4.7. payment details such as your billing address, payment method, bank account number or credit card number, invoice records, payment records, SWIFT details, payment account, payment date and/or records of cheques;
 
4.8. data relating to your visits to Thubela & Khumalo Attorneys Inc’s website: your device type; operating system; browser type; browser settings; IP address; language settings; date and times of connecting to a Website and other technical communication information;
 
4.9. employer details such as where such as where you interact with Thubela & Khumalo Attorneys Inc., in your capacity as an employee of an organisation, the name, address, telephone number and/or email address of your employer (to the extent relevant); and/or
 
4.10. content and advertising data such as records of your interactions with Thubela & Khumalo Attorneys Inc’s online advertising and content.
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5. SENSITIVE PERSONAL INFORMATION
 
Where Thubela & Khumalo Attorneys Inc., Processes your Personal Information, Thubela & Khumalo Attorneys Inc., will do so in the ordinary course of Thubela & Khumalo Attorneys Inc’s business, for a legitimate purpose, and in accordance with POPIA.
 
6. PURPOSES OF PROCESSING AND LEGAL BASIS FOR PROCESSING
 
6.1. Thubela & Khumalo Attorneys Inc., may Process your Personal Information in the ordinary course of the business of providing services. Thubela & Khumalo Attorneys Inc., may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following –
6.1.1. operating Thubela & Khumalo Attorneys Inc’s business;

 

6.1.2. compliance with applicable law and fraud prevention;

 

6.1.3. transfer of information to Thubela & Khumalo Attorney Inc’s Service Providers and/or other third parties; and/or

 

6.1.4. recruitment.
 
6.2. Thubela & Khumalo Attorneys Inc., may process your Personal Information for relationship management and marketing purposes in relation to Thubela & Khumalo Attorneys Inc’s services (including, but not limited to, Processing that is necessary for the development and improvement of Thubela & Khumalo Attorneys Inc’s services).
 
6.3. Thubela & Khumalo Attorneys Inc., may process your Personal Information for internal management and management reporting purposes, including but not limited to, conducting internal audits, conducting internal investigations, implementing internal business controls, providing central processing facilities, for insurance purposes and/or for management reporting analysis.
 
6.4. Thubela & Khumalo Attorneys Inc., may Process your Personal Information for safety and security purposes.
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7. DISCLOSURE OF PERSONAL INFORMATION OF THIRD PARTIES
 
7.1. Thubela & Khumalo Attorneys Inc., may disclose your Personal Information to Thubela & Khumalo Attorneys Inc’s Associates and Service providers, for legitimate business purpose, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, Thubela & Khumalo Attorneys may disclose your Personal Information –
7.1.1. If required by law;

 

7.1.2. legal and regulatory authorities, upon request, for the purposes of reporting any actual or suspected breach of applicable law or regulation;

 

7.1.3. third party Operators (including, but not limited to, data processors such as providers of data hosting services and documents review technology and services), locate anywhere in the world;

 

7.1.4. where it is necessary for the purpose of, or in connection with actual or threatened legal proceedings or establishment, exercise or defense of legal rights;

 

7 7.1.5. to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including but not limited to, safeguarding against, and the prevention of threats to public security;

 

7.1.6. to any relevant third party provider, where Thubela & Khumalo Attorneys Inc’s Website uses third party advertising plugins or content.

7.2. Should Thubela & Khumalo Attorneys Inc., engage a third party Operator to Process any or your Personal Information, Thubela & Khumalo Attorneys Inc., recognises that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection similar to POPIA. Thubela & Khumalo Attorneys Inc., will review its relationships with Operators it engages and, should any applicable law require, Thubela & Khumalo Attorneys Inc., will require such Operators to be bound by contractual obligations to –
 
    7.2.1. only Process such Personal Information in accordance with Thubela & Khumalo Attorneys Inc’s prior written instructions; and
 
    7.2.2. use appropriate measures to protect the confidentiality and security of such Personal Information
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8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
 
8.1. Thubela & Khumalo Attorneys Inc., transfers and stores personal information in a region situated outside of the Republic of South Africa.
 
8.2. In this regards, Thubela & Thubela Attorneys Inc., commits to transferring personal information in terms of section 72 of POPIA.
 
8.3. Section 72 of POPIA provides that personal information may only be transferred outside of the Republic of South Africa if the recipient organisation of the information is capable of successfully implementing and maintaining a similar and “adequate level” of protection over the information that is transferred and subsequently received by it.
 
8.4. Personal information may be transferred to a region outside of the Republic if –

​8.4.1. the transfer of the aforementioned personal information is necessary for the purposes of upholding a contractual obligation;

 

8.4.2. if it is likely that the Data Subject to whom the personal information relates will give their consent to the transfer of personal information, obtaining such consent is not necessary as outlined in section 72(e)(ii) of POPIA.

9. DATA SECURITY
 
9.1. Thubela & Khumalo Attorneys Inc., implements appropriate technical and organisational security measures to protect your Personal Information that is in Thubela & Khumalo Attorneys Inc’s possession against accidental or unlawful destruction, loss, altercation, unauthorised disclosure and/or unauthorised access.
 
9.2. Where there are reasonable grounds to believe that your Personal Information that is in Thubela & Khumalo Attorneys Inc’s possession has been accessed or acquired by any unauthorised person, Thubela & Khumalo Attorneys Inc., will only notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs Thubela & Khumalo Attorneys Inc., that notifying you will impede on criminal investigations.
 
9.3. Given that the internet is an open system, the transmission of information via the internet is not completely secure. Although Thubela & Khumalo Attorneys Inc., will implement all reasonable measures to protect your Personal Information that is in Thubela & Khumalo Attorneys Inc’s possession, Thubela & Khumalo Attorneys Inc cannot guarantee the security of any information transmitted using the internet and Thubela & Khumalo Attorneys cannot be held liable for any loss of privacy occurring during the course of such transmission.
 
10. DATA ACCURACY
 
The Personal Information provided to Thubela & Khumalo Attorneys Inc., should be accurate, complete and up to date. Should Personal Information change, the onus is on the provider of such data to notify Thubela & Khumalo Attorneys Inc., of the change of provide Thubela & Khumalo Attorneys Inc. with the accurate data.
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11. DATA MINIMISATION
 
Thubela & Khumalo Attorneys Inc., will restrict its processing of Personal Information to data which is sufficient for the fulfilment of the primary and legitimate purpose for which it was collected.
 
12. DATA RETENTION
 
Thubela & Khumalo Attorneys Inc., shall only retain and store Personal Information for the period for which the data is required to serve its primary purpose, a legitimate interest or for the period required to comply with an applicable legal requirement (whichever is longer).
 
13. DIRECT MARKETING 
 
13.1. Thubela & Khumalo Attorneys Inc may Process your Personal Information for the purpose of providing you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
 
13.2. Should you currently receive marketing information from Thubela & Khumalo Attorneys Inc., which you would prefer not to receive in the future, please email Thubela & Khumalo Attorneys Inc., at enquiries@tkattorneysinc.co.za.
 
14. CONTACT DETAILS
 
You may contact Thubela & Khumalo Attorneys Inc., at –
 
DATA PROTECTION OFFICER – THUBELA & KHUMALO ATTORNEYS INC.
Attention: Tiekie Kok
Email: tiekie@tkattorneysinc.co.za ​​