Introduction
Lee and Truter Attorneys Inc. (“Lee and Truter Attorneys”) is sensitive to the personal nature of the information you provide to us. This privacy policy (“this policy”) applies to all external parties with whom we interact, including but not limited to individual clients, representatives of client organisations, visitors to our offices, and other users of our legal and related services (“you”).
This policy explains how we protect and treat your personal information. This policy aims to protect your privacy in respect of your personal information (as defined in the Protection of Personal Information Act 4 of 2013) collected by us when you use our website, or if we collect information to provide a legal service to you as mandated.
Lee and Truter Attorneys’ Website
You are not required to provide any personal information on the public areas of our website. However, you may choose to do so by completing one of our contact forms.
By providing us with your personal information, you agree to this policy and authorise us to process such information as set out herein; and authorise Lee and Truter Attorneys, its associates, its service providers, and other third parties to process your personal information for the purposes stated in this policy to:
• To provide you with access to the website and its contents
• To contact you about possible employment
When you are using the website, you could be directed to other sites that are beyond our control. These other websites may send their cookies to you to collect data or solicit personal information. We do not control the privacy policies of those third-party websites.
We will not use your personal information for any purpose other than that set out in this policy and will endeavour to protect your personal information that is in our possession from unauthorised alteration, loss, disclosure, or access.
This policy may be updated from time to time. This policy is available on request
1. Collection of personal information
1.1. We may collect or obtain your personal information:
1.1.1. directly from you, or in the course of our relationship with you;
1.1.2. by providing legal services to you or your organisation;
1.1.3. when you have made your personal information public, or when you visit and/or interact with our website or our various social media platforms;
1.1.4. when you register to use any of our related legal services (e.g., training, workshops);
1.1.5. when you interact with any third-party content / advertising on our website; or
1.1.6. when you visit our offices.
1.2. We may receive personal information about you from third parties (e.g., law enforcement authorities).
1.3. We may also create personal information about you, e.g., records of your
communications and interactions with us, and records of attendance at recruitment interviews or workshops.
2. Categories of personal information
2.1 We may process the following categories of your personal information:
2.1.1. personal details: e.g., name, date of birth, photographs;
2.1.2. demographic information: e.g., gender, date of birth, nationality;
2.1.3. identifier information: e.g., identity documents, utility accounts, bank statements; tenancy agreements;
2.1.4. contact details: e.g., correspondence address, telephone number, email address;
2.1.5. instruction details: e.g., details of individuals instructing Lee and Truter Attorneys, documents, evidence, or other materials that we process in the course of providing legal services;
2.1.6. attendance records: e.g., details of meetings and other events organised by or on behalf of Lee and Truter Attorneys that you have attended;
2.1.7. consent records: e.g., records of any consents you may have given, date and time of consent given, means of consent, any related information;
2.1.8. payment details: e.g., billing address, payment method, bank account information, credit card number;
2.1.9. data relating to your visits to our website: e.g., your device type, operating system, browser type, IP address, dates and times of connecting to our website;
2.1.10. employer details: e.g., where you interact with us in your capacity as an employee of an organisation, the details of your employer; and
2.1.11. content and advertising data: e.g., records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (including, but not limited to, mouse hover, mouse clicks and any forms you complete).
3. Sensitive personal information
3.1. Where we need to process your sensitive personal information, we will do so in the ordinary course of our business, for a legitimate purpose, and according to applicable laws.
3.2. Lee and Truter Attorneys may not process any personal information related to a child and will only do so where the parent or guardian has provided consent or where we are permitted to do so in accordance with applicable laws.
4. Purposes of processing and legal bases for processing
4.1. We will process your personal information in the ordinary course of the business of providing legal and related services. We will use your personal information only for the purpose for which it was originally or primarily collected. We will not use your personal information for a secondary purpose unless such purpose constitutes a legitimate interest and is closely related to the original or primary purpose of collection.
4.2. We may subject your personal information to processing during the course of various activities, including, but not limited to:
4.2.1. operating our business;
4.2.2. analysis, evaluation, review, and collation of information to determine legal issues and potential disputes, to provide legal advice, and prepare or comment on opinions, memoranda, agreements, correspondence, reports, publications, documents relating to legal proceedings, and other documents and records (whether in electronic or any other medium whatsoever);
4.2.3. compliance with applicable law and fraud prevention;
4.2.4. transfer of information to our service providers and other third parties; or
4.2.5. recruitment.
4.3. We may process your personal information for relationship management and marketing purposes concerning our services (including, but not limited to, processing that is necessary for the development and improvement of our legal and related services), for accounts management and marketing activities to establish, maintain and/or improve our relationship with you and with our service providers. We may also analyse your personal information for statistical purposes.
4.4. We 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 an insurance purpose, and management reporting analysis; and
4.5. We may process your personal information for safety and security purposes.
4.6. If we are relying on your consent as the legal basis to process your personal information, you may withdraw your consent or object to our processing of your personal information at any time. Such withdrawal will not affect the lawfulness of any processing of your personal information prior to your withdrawal or objection.
4.7. In the event of a withdrawal of consent or justified objection, as contemplated in 4.6, we will ensure that your personal information is no longer processed.
5. Disclosure of personal information to third parties
5.1. We may disclose your personal information to our associates and service providers, for legitimate business purposes, according to applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your personal information:
5.1.1. if required by law;
5.1.2. legal and regulatory authorities, upon request, or to report any actual or suspected breach of applicable law or regulation;
5.1.3. third-party operators (including, but not limited to, data processors such as providers of data hosting services and document review technology and services), located anywhere in the world, subject to 5.2;
5.1.4. where it is necessary for, or in connection with, actual or threatened legal proceedings or establishment, exercise, or defence of legal rights;
5.1.5. to any relevant party for 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;
5.1.6. to any relevant third-party acquirer(s), if we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution, or liquidation); and
5.1.7. to any relevant third-party provider, where our website uses third-party advertising, plug-ins, or content.
5.2. If we engage a third-party operator to process any of your personal information, we recognise 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 like POPIA.
5.3. We will review our relationships with operators we engage and, to the extent required by any applicable law in force, we will require such operators to be bound by contractual obligations to only process such personal information per our prior written instructions; and use appropriate measures to protect the confidentiality and security of such personal information.
6. International transfer of personal information
6.1. We may transfer your personal information to recipients outside of the Republic of South Africa. Subject to 5.2, personal information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially.
7. Data security
7.1. We implement appropriate technical and organisational security measures to protect your personal information in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, according to applicable law.
7.2. Where there are reasonable grounds to believe that your personal information in our possession has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless we are informed by: a public body responsible for detection, prevention, or investigation of offences; or the relevant regulator that notifying you will impede a criminal investigation.
7.3. Due to the open-system nature of the internet, the transmission of information via the internet is not completely secure. We will implement all reasonable measures to protect your personal information in our possession; however, we cannot guarantee the security of any information transmitted via the internet and we cannot be held liable for any loss of privacy occurring during such transmission.
8. Data accuracy
8.1. The personal information provided to Lee and Truter Attorneys should be accurate, complete, and up to date. Should personal information change, the onus is on the provider of such data to notify Lee and Truter Attorneys of the change and provide Lee and Truter Attorneys with accurate data.
9. Data administration
9.1. Lee and Truter Attorneys will restrict its processing of personal information to data that is sufficient for the fulfilment of the primary purpose or applicable legitimate interest for which it was collected.
10. Data storage and retention
10.1. Lee and Truter Attorneys may store your personal information in hardcopy format and/or in electronic format using internally hosted technology and/or cloud services and other technology, with whom we have contracted to support our business operations.
10.2. Lee and Truter Attorneys shall only retain and store personal information for a period that is necessary to serve its primary purpose or related legitimate interest, or for a prescribed period in terms of the applicable law, whichever is longer.
11. Your legal rights
11.1. You may have rights, under South African and other laws, to have access to your personal information and to ask us to rectify, erase, and restrict the use of, your Personal Information. You may also have rights to object to your personal information being used, to ask for the transfer of personal information you have made available to us, and to withdraw consent to the use of your personal information.
12. Use of Cookies
12.1. Cookies are pieces of information a website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
12.2. We may place a cookie on your browser to store and sometimes track information about you.
12.3. While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the website will not function properly if you refuse cookies.
13. Direct marketing
13.1. We may process your personal information to provide you with updates regarding services. You may unsubscribe for free at any time. If you currently receive marketing information that you would prefer not to receive in the future, please email us at: info@lt-attorneys.com
14. Contact details
14.1. If you have any additional questions or concerns, please reach out to our data protection officer at:
Lee and Truter Attorneys Inc.
Attention: Anke Truter
Telephone: +27 (0)64 688 9510
Email: anke@lt-attorneys.com