1. Scope

1.1 Introduction

1.1.1 Du Toit Drotsky Attorneys conducts its business as a law firm with offices in Parys (23 Kerk Street, Parys) and Pretoria (165 Sakabuka Avenue. Derdepoort, Pretoria). Du Toit Drotsky Attorneys is a responsible party (or data controller, in some jurisdictions) in respect of your Personal Information (as defined in clause 3 below), and Special Personal Information (as defined in clause 5  below), which means that Du Toit Drotsky Attorneys determines the purpose of and means for processing your Personal Information.

1.1.2 Du Toit Drotsky Attorneys is committed to protecting and respecting your privacy.  We strive to ensure that our use of your Personal Information is lawful, reasonable, and relevant to our business activities, with the ultimate goal of improving our services and your experience.

1.1.3 We have appointed an Information Officer who is responsible for overseeing questions in relation to the Privacy Policy. You may contact our Information Officer at genevieve@dutoitdrotsky.co.za to discuss this Privacy Policy or your rights under data protection legislation that is applicable to you.

1.1.4 This Privacy Policy describes how we will treat your Personal Information, whether provided by you to us, or collected by us through other means when you engage with us, in your ordinary use of our products and services, in providing us with your products and services, or in accessing our website (the “Website“).

1.1.5 This Privacy Policy must, as is appropriate, be read together with Du Toit Drotsky Attorneys’ Website Terms (accessible here) and any other documents or agreements between Du Toit Drotsky Attorneys and you (the “Agreements“) that describe the manner in which we, in specific circumstances, collect or process Personal Information about you. This will enable you to understand the manner in which Du Toit Drotsky Attorneys will process your Personal Information. This Privacy Policy supplements such Terms and Agreements, but does not supersede them, and in the event of any conflict, ambiguity, or inconsistency between this Privacy Policy, the Terms and/or the Agreements, such documents shall be construed in the following order of priority:

1.1.6 this Privacy Policy;

1.1.7 the Terms; and

1.1.8 the Agreements.

1.2 Your consent to the Processing of your Personal Information

1.2.1 We may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, use and share your Personal Information in the ways set out in this Privacy Policy. When we do one or more of these actions with your Personal Information, we are “Processing” your Personal Information (and “process” has a corresponding meaning).

1.2.2 If you are concerned about any aspect of this Privacy Policy as it relates to your Personal Information, please do not continue to engage with us, use our Website or our products and services.

1.2.3 We may, where permitted or required to do so by applicable law, process your Personal Information without your knowledge or permission, if sufficient grounds of justification are present, and we will do so in accordance with the further provisions of this Privacy Policy.

2. What and who does this Privacy Policy apply to?

2.1  This Privacy Policy applies to the processing by Du Toit Drotsky Attorneys or on our behalf, and our successors-in-title, of the Personal Information relating to you, being a user who accesses and/or uses our Website or our products and services, or a provider of products and services to us, clients, suppliers, former employees, prospective employees and other data subjects that engage with us. This Privacy Policy applies regardless of the device which you use to access our Website or to engage with us, which device is capable of using, or enabled to use, the Website including, but not limited to, internet-connected mobile devices and tablets (“Access Device“).

2.2  This Privacy Policy does not apply to the processing of Personal Information by other third parties relating to or by means of other parties’ websites, products or services, such as websites linked to, from or advertised on the Website or through our products and services, or sites which link to or advertise the Website or our products, services and attorneys.

3. What is Personal Information?

Personal Information” refers to private information about an identifiable living natural person or, where applicable, an identifiable existing juristic person. Personal Information does not include information that does not identify you (including in instances where that information has been de-identified so that it does not identify a person). The Personal Information that we collect about you may differ on the basis of your engagement with us or the products and services that you receive from Du Toit Drotsky Attorneys or that you provide to Du Toit Drotsky Attorneys.

4.  We may process various types of Personal Information about you, as follows:

4.1 Identity Information, which includes information concerning your name, username or similar identifier, marital status, title, occupation, interests, date of birth, gender, race and legal status, as well as copies of your identity documents, photographs, identity number, registration number and your qualifications;

4.2 Contact Information, which includes your billing addresses, delivery addresses, e-mail addresses and telephone numbers;

4.3 Financial Information, which includes bank account details; details of funds which we invest and hold on your behalf for a matter, insurance information, financial statements, tax clearance certificates and VAT registration numbers;

4.4 Transaction Information, which includes details about payments made to or received from you and company information, which may consist of financial activity;

4.5 Technical Information, which includes your internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website or to use our products and services or engage with us;

4.6 Usage Information, which includes information as to your access to and use of the Website, products and services, such as what links you went to, what content you accessed, the amount of content viewed and the order of that content, as well as the amount of time spent on the specific content and what products and services you access and use when engaging with WW;

4.7 Location Information, which includes geographical information from your Access Device (which is usually based on the GPS or IP location); and

4.8 Marketing and Communications Information, which includes your preferences in respect of receiving marketing information from us and our third parties, and your communication preferences.

Du Toit Drotsky Attorneys may also process, collect, store and/or use aggregated data, which may include historical or statistical data (“Aggregated Data“) for any purpose, including for know-how and research purposes. Aggregated Data may be derived from your Personal Information but is not always considered Personal Information, as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information in a manner that has the result that it can directly or indirectly identify you, we will treat the combined data as Personal Information, which will be managed in accordance with this Privacy Policy.

5. Special Personal Information

 We hereby notify you that, in certain circumstances, by engaging with Du Toit Drotsky Attorneys, we may collect certain Special Personal Information about you. “Special Personal Information” refers to details about your religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or information about your criminal offences or convictions.

The processing of Special Personal Information requires higher levels of protection. We need to have further justifications for processing Special Personal Information. Du Toit Drotsky Attorneys has implemented appropriate policies and safeguards, which we are required by law to maintain, to process Special Personal Information.

5.1 When will we process your Special Personal Information?

We will generally not process particularly Special Personal Information about you unless it is necessary for establishing, exercising or defending a right or obligation in law, or where we have obtained your consent to do so. On rare occasions, there may be other reasons for processing your Special Personal Information, such as where the information has been deliberately made public by you. The situations in which we may process your Special Personal Information include the following:

5.1.1 racial and ethnic information may be processed by Du Toit Drotsky Attorneys through CCTV cameras installed at our premises for safety and security reasons;

5.1.2 as part of the recruitment and hiring process, we may process information relating to your criminal behaviour;

6. How we collect your Personal Information

6.1  We collect your Personal Information in the following ways:

6.1.1 through direct or active interactions with you;

6.1.2 through automated or passive interactions with you;

6.1.3 from third parties and public sources; and

6.1.4 CCTV.

6.2 Direct or active collection from you

6.2.1 We may require that you submit certain information:

6.2.1.1 to enable you to access portions of the Website;

6.2.1.2 to subscribe to our publications;

6.2.1.3 to request marketing or information about our events to be sent to you;

6.2.1.4 to apply for job opportunities;

6.2.1.5 to make contact with our partners and employees;

6.2.1.6 to grant you access to our premises;

6.2.1.7 to enable you to facilitate the conclusion of an agreement with us; and

6.2.1.8 that is necessary for our fulfilment of our statutory or regulatory obligations.

6.2.2 We also collect Personal Information directly from you when you communicate directly with us, for example when you complete certain application forms, via e-mail, telephone calls, feedback forms, registering for and attending events, giving us your business card, site comments or forums.

6.2.3 If you contact us, we reserve the right to retain a record of that correspondence in accordance with our Record Retention Policy and applicable data protection legislation, which may include Personal Information.

6.3 Passive collection from your Access Device when browsing our Website

6.3.1 We may passively collect certain of your Personal Information from the Access Device that you use to access and navigate the Website, by way of various technological applications, for instance, using server logs to collect and maintain log information.

6.3.2 We also use cookies and anonymous identifiers which enable our computer system to recognise you when you next visit the Website to distinguish you from other users and to improve our service to you, and which can be used to enhance the content of the Website and make it more user-friendly, as well as to give you a more personalised experience.

6.3.3 A cookie is a small piece of data (an alphanumeric identifier) which our computer system transfers to your Access Device through your web browser when you visit the Website and which is stored in your web browser. When you visit the Website again, the cookie allows the site to recognise your browser. Cookies may store user preferences and other information.

6.3.4 You may disable the use of cookies by configuring your browser to refuse all cookies or to indicate when a cookie is being sent. However, please note that some parts of the Website will not function properly if you refuse cookies and you may not be able to enjoy all of the features and functionality of the Website.

6.3.5 The Personal Information that we passively collect from your Access Device may include your Identity Information, your Contact Information, your Technical Information, your Profile Information, your Usage Information, your Location Information and your Marketing and Communications Information, or any other Personal Information which you permit us, from time to time, to passively collect from your Access Device.

6.4 Collection from third parties and public sources

Du Toit Drotsky Attorneys receives Personal Information and Special Personal Information about you from various third parties including recruitment agencies, suppliers of background checks services and publicly available sources.

6.5 CCTV

Du Toit Drotsky Attorneys collects Personal Information and Special Personal Information about you through CCTV cameras installed at our premises for safety and security reasons.

7. How we use your Personal Information

We use your Personal Information for the following purposes:

7.1 to provide legal services to our clients;

7.2 in relation to matter-related documents and information, for legal research, referencing and drafting (i.e. documents are re-used for know-how purposes);

7.3 to invest funds on behalf of our clients;

7.4 to comply with our regulatory reporting obligations;

7.5 to comply with our statutory obligations;

7.6 to conduct the recruitment and hiring processes, which includes conducting criminal record and credit checks (where appropriate), the capturing of a job applicant’s details and providing status updates to job applicants;

7.7 in relation to supplier information, to create supplier profiles on our systems, pay suppliers, and for general supplier administration;

7.8 to maintain and improve the Website and to improve the experience of our Website users, including by requesting feedback from our Website users on our products and services and to facilitate the procurement of our products and services.

7.9 to retain and make information available to you on the Website;

7.10 to maintain and update our client, or potential client databases;

7.11 to maintain and update our supplier database;

7.12 to establish and verify your identity on the Website;

7.13 to operate, administer, secure and develop the Website and the performance and functionality of the Website;

7.14 to detect, prevent or manage actual or alleged fraud, security breaches or the abuse, misuse or unauthorised use of our systems and files, the Website and/or contraventions of this Privacy Policy and/or the Terms and/or the Agreements;

7.15 to inform you about any changes to the Website, this Privacy Policy or other changes that are relevant to you;

7.16 to create user profiles, compile and use statistical information (including non-personal information) about you and other users and their access to the Website and to analyse and compare how you and other users make use of the Website, including (without limitation) their browsing habits, click-patterns, preferences, frequency and times of use, trends and demographic information including recommendations to users and tailoring information and content for users;

7.17 to conduct market research surveys;

7.18 to offer you information and content which is more appropriately tailored for you as far as reasonably possible;

7.19 to provide you with the latest information about our products and services or events provided that you have agreed to receive such information;

7.20 for security, administrative and legal purposes;

7.21 for client relations purposes, which may include storage of clients’ marital status and birthdates;

7.22 pitching, opportunity tracking and reporting;

7.23 campaign tracking and reporting;

7.24 to communicate with you and retain a record of our communications with you and your communications with us;

7.25 to fulfil any contractual obligations that we may have to you or any third party;

7.26 to invite you to webinars, functions or events that we may host alone or in conjunction with our alliance partners, affiliated firms or other law firms with whom WW has collaboration arrangements;

7.27 to analyse and compare the types of Access Devices that you and other users make use of and your physical location; and

7.28 for other activities and/or purposes which are lawful, reasonable and adequate, relevant and not excessive in relation to the provision of our services and/or the use of the Website, our business activities or such other purpose for which it was collected.

Du Toit Drotsky Attorneys will obtain your permission before collecting or using your Personal Information and/or Special Personal Information for any other purpose.

8. Compulsory Personal Information and consequences of not sharing it with us

8.1  The following information is compulsory Personal Information:

8.1.1 your name and surname;

8.1.2 your contact details, such as your email address and/or your telephone number.

8.2 Depending on the nature of your engagement or relationship with us, other types of Personal Information may be necessary, including:

8.2.1 financial (including bank account details, tax information);

8.2.2 names and registration numbers as contained in documents issued by the Companies and Intellectual Property Commission and the South African Revenue Service; and

8.2.3 information which may be necessary to ensure our compliance with the Financial Intelligence Centre Act, 38 of 2001.

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 products and services and/or the features that are offered to Website users, including products and services which are available on the Website. 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 products and services from us or enjoy all of the features and functionality on the Website, including certain content and products and services.

9. Sharing of your Personal Information

9.1 Du Toit Drotsky Attorneys may release personal information or disclose it to third parties in certain circumstances. These include, but are not limited to:

9.1.1 if Du Toit Drotsky Attorneys is required or authorised to do so by law or a court order;

9.1.2 in order for Du Toit Drotsky Attorneys to enforce its rights;

9.1.3 in order for Du Toit Drotsky to provide services to its clients.

9.2 The third parties to whom we disclose personal information include, but are not limited to:

9.2.1  advocates and other parties involved in legal services;

9.2.2 third party service providers to Du Toit Drotsky Attorneys or its clients;

9.2.3 third parties who provide research services to Du Toit Drotsky Attorneys or its clients;

9.2.4 government authorities and registries, organs of state, regulators, courts, tribunals and law enforcement agencies.

10.  Transfer and Retention of your Personal Information

Personal information collected by Du Toit Drotsky Attorneys may be transferred to persons in other countries. Those countries’ laws might not protect personal information in the same way or on the same level as the law in the data subject’s country. However, Du Toit Drotsky Attorneys will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place.

We store your Personal Information on:

10.1 our premises, in the form of hard copies;

10.2 the premises of third party service providers such as document storage service providers;

10.3 our servers; or

10.4 on the servers of our third party service providers, such as IT systems or hosting service providers.

Du Toit Drotsky Attorneys retains personal information for as long as may be reasonably necessary in accordance with applicable law.

11. Security

Du Toit Drotsky takes all reasonable steps to protect and avoid unauthorised access to personal information. It has implemented various policies, procedures and software to safeguard personal information and routinely reviews its operations in order to ensure that personal information is adequately protected.

12. Your Rights

12.1  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 meaningful choices about what Personal Information you make available to us. You may, for example:

12.1.1 Block all cookies, by setting your browser to do so, including cookies associated with our products and services or to indicate when a cookie is being sent by us.

12.1.2 Request access to your Personal Information (commonly known as a “data subject access request”), which indicates what Personal Information we have about you.

12.1.3 Request the correction of your Personal Information, in order to ensure that any incomplete or inaccurate Personal Information is corrected.

12.1.4 Request erasure of your Personal Information, where there is no lawful basis for the retention or continue​d processing of it.

12.1.5 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 freedoms.

12.1.6 Request restriction of processing of your Personal Information. This enables you to ask Du Toit Drotsky Attorneys to suspend the processing of your Personal Information in limited circumstances, which may differ by jurisdiction.

12.1.7 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:

12.1.7.1 does not affect the processing of your Personal Information before the withdrawal of your consent; or

12.1.7.2 does not affect the processing of your Personal Information if the processing is in compliance with an obligation imposed by law on us; or

12.1.7.3 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

12.1.7.4 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

12.1.7.5 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.

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

12.1.9 Institute civil proceedings regarding an alleged interference with the protection of your Personal Information processed in accordance with this Privacy Policy.

12.2 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.

13. Direct Marketing

Du Toit Drotsky Attormeys may send marketing and promotional communications and material to persons. Recipients may opt-out from receiving such communications by contacting Du Toit Drotsky Attorneys at the details provided below or by clicking on the opt-out link that will be contained in the relevant electronic communication.

14. Legislation

14.1  If this Privacy Policy or any provision in this Privacy 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 Privacy Policy contravenes any provision of the Consumer Protection Act, POPIA or such other laws. Therefore all provisions of this Privacy 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.

14.2  No provision of this Privacy Policy:

14.2.1 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;

14.2.2 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

14.2.3 limits or excludes any warranties or obligations which are implied into this Privacy 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.

15. Queries and contact details of the Information Regulator

15.1  Should you feel that your rights in respect of your Personal Information have been infringed, please address your concerns to the Information Officer at genevieve@dutoitdrotsky.co.za. If you feel that the attempts by Du Toit Drotsky Attorneys to resolve the matter have been inadequate, you may lodge a complaint with the South African Information Regulator by accessing their website at https://inforegulator.org.za/​​​.

15.2  If you are located outside of South Africa, you may contact the appropriate regulator in your country of domicile.