What personal data we collect and why we collect it
MMA PRIVACY POLICY(POPIA)
Protecting your privacy is as important to us as it is to you. For us, it’s more than just making sure we comply with the relevant legislation; you trust us with your personal information, and we respect that trust. This privacy notice explains why and how we collect, use and store your personal information. If you have any questions, please contact us at admin@magugaattorneys.co.za
All of the provisions of this privacy notice are important, but please pay special attention to the parts that are in bold writing. These parts contain information about provisions that have special consequences for you. These parts are only intended to bring such provisions to your attention, and, where necessary, to explain their fact, nature and effect. Where explanations are given, they may be contained in a box. Such boxed explanations are aids to understanding only and are not provisions themselves. They do not limit the meaning or application of the provisions and do not apply only to the situations and examples described in the boxes or only to similar situations or examples.
What is this notice about?
We want you to understand who you are sharing your information with, what kind of information we are collecting and how we use the information.
In your day-to-day dealings with Maguga Attorneys, we obtain information about you. We want you to know exactly what that information is and what we do with it. After all, trust is nothing without transparency.
We need your information to enable us to represent you in your legal matters and for FICA purposes.
We ask for your information to make sure that we know our clients and can present your identity to the counterparty, opposing parties, and the relevant atrocities.
The Protection of Personal Information Act protects you.
The Protection of Personal Information Act (POPI) is aimed at protecting your personal information and prescribes what we must and must not do with it. POPI created an Information Regulator that checks that companies and legal firms like Maguga Attorneys manage personal information in a responsible manner that respects your privacy.
Other legislation applies to your personal information.
Other legislation also applies to your personal information. This means that from time to time we will be obligated to process your personal information in a certain way (or keep it for a certain period).
This privacy notice is part of our agreement with you.
This privacy notice forms part of our agreement with you. You should read it along with the terms and conditions that apply. These terms and conditions can be accessed here.
This notice may change from time to time.
From time to time we may have to amend this notice to accommodate changes in our business or services or if legal requirements change.
Your consent to the processing of your personal information
By agreeing to this privacy notice, you provide us with your express consent and agreement that we may collect, get, receive, record, organise, collate, store, update, change, retrieve, read, process, consult, use and share your personal information in the manner set out in this privacy notice.
If you do not agree with this privacy notice or are concerned about any aspect as it relates to your personal information, please advise us accordingly.
In the paragraph above you expressly give your permission to us to process your personal information in the manner and for the purposes set out in this privacy notice. By doing this, you know and accept that you are giving up certain parts of your right to privacy.
Who you are sharing your information with?
Maguga Attorneys is a legal firm, we represent clients on their legal affairs relating to their counterparties, opponents, spouses, relevant authorities. For us to represent or take a person or entity as a client we need to know how certain personal is about providing their personal information, or information relating to the person’s entity.
We collect information when you contact our office to request legal services from an attorney.
When you contact our office, we gather information for record-keeping and use whilst dealing with your matter.
We don’t collect the information of persons under 18.
We do not collect the information of persons under 18 ithout the consent of their parents or guardians. If you are under the age of 18 you must not provide personal information to us without the consent of your parent or guardian.
Our facilities are monitored by CCTV cameras.
Our facilities are monitored by CCTV cameras for public safety, and crime prevention.
Why we need your personal information
We need your personal. Information for FICA proposes and to enable us to communicate with our client opponents, counterparts and the relevant entities.
We use your personal information to provide legal professional service to you.
We use your personal information to provide our services to you. This includes:
- Representing you in litigation
- Drafting contract
- Doing estate matters
Our attorneys keep your personal records and other relevant documents on individual files for easy access when attending to your legal matters.
When you contact our office, the information you give us will be used only for the purpose it is given for.
Our attorneys are committed to keeping your personal information safe and secure. Please take care not to provide more information than what we ask for. Any unnecessary information you give us will not be retained.
We only share your personal information with other parties that assist us in providing our legal services to you and who have agreed to keep your information secure, confidential and to only use it for authorised purposes.
Your privacy is important to us, which is why it is our policy not to share your personal information with other companies. We will never sell your personal information.
We use suppliers or service providers who we trust to provide services to us and sometimes that involves sharing your information with them. They operate under strict requirements aimed at keeping your personal information secure and confidential and they will only use it for the purpose for which we have sent it to them.
Your rights and preferences
You have the right to know what personal information we have about you, to correct it and to opt-out of any marketing.
You have the right to:
- ask what personal information we hold about you;
- ask what information was sent to other professional service providers or any other third party;
- ask us to update, correct or delete any out-of-date or incorrect personal information we hold about you;
It can take us up to 21 days to respond to your request.
If you want us to delete all personal information we have about you, you will probably have to terminate all agreements. We cannot maintain our relationship with you without having some of your personal information.
We can refuse to delete your information if we are required by law to retain it or if we need it to protect our rights.
You can request access to the information we hold about you by contacting our office.
Some of your information is available online.
You can view and correct some of your information by contacting our office.
Security
We take your privacy and the security of your personal information seriously.
We have implemented reasonable security safeguards to protect the personal information that you provide. For example, sensitive data is protected by a firewall and document management system we use in the company. we also destroy information we no longer need.
We regularly monitor our systems for possible vulnerabilities and attacks. As no system is perfect we cannot guarantee that information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.
Please note that any e-mail you send to us is not encrypted and may be monitored by us. Please do not send us sensitive or confidential personal information using e-mail. Instead, contact our office on 021 418 2563 or send a message via our website.
We will inform you if your privacy is ever compromised.
Although we cannot prevent all security threats, we have measures in place to minimise the threat to your privacy. We will let you know of any breaches which affect your personal information.
You have a right to lodge a complaint to the Information Regulator (inforeg@justice.gov.za) for any contravention of POPI.
Third-Party sites
To the extent allowed by law, we are not responsible for the privacy practices of a third-party site to which there may be a link on the website, or for any claims, loss, or damage arising from these.
We advise you to read the privacy policy of each site which you visit and to determine your privacy settings in accordance with your personal preferences.
We are not liable if you suffer losses or damages when visiting third-party websites by following a link to that website from the Website. You accept that there may be risks when you use such third-party websites, and you do so at your own risk.
Protection of Personal Information Act and other laws
If this privacy notice or any provision in this privacy notice is regulated by or subject to POPI or other laws, it is not intended that any provision of this privacy notice contravenes any provision of POPI or such other laws. Therefore all provisions of this privacy notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI and such other laws are complied with.
No provision of this privacy notice:
- 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 wilful 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;
- 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
- limits or excludes any warranties or obligations which are implied into this privacy notice by POPI (to the extent applicable), or other applicable laws or which we give under POPI (to the extent applicable), or other applicable laws, to the extent that the law does not allow them to be limited or excluded.
General
You agree that this privacy notice, our relationship and any dispute of whatsoever nature relating to or arising out of this privacy notice whether directly or indirectly, shall be governed by the laws of the Republic of South Africa without giving effect to any principle of conflict of laws.
You agree that we may, at any time, transfer, cede, delegate or assign any or all of our rights and obligations under this privacy notice without your consent. We will notify you if we transfer, cede, delegate or assign any rights or obligations to a third party, but we do not have to notify you if we transfer, cede, delegate or assign any rights or obligations to any of our affiliates or to any person which acquires all or part of our business and/or assets. We may also sub-contract our obligations without your consent and we do not have to notify you if we sub-contract any of our obligations.
Our failure to exercise or enforce any right or provision of this privacy notice shall not constitute a waiver of such right or provision.
Each provision of this privacy notice, and each part of any provision, is removable and detachable from the others. As far as the law allows, if any provision of this privacy notice, or part of a provision, is found by a court or authority of competent jurisdiction to be invalid, illegal or unenforceable (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), it must be treated as if it was not included in this privacy notice and the rest of this privacy notice will still be valid and enforceable.