1. INTRODUCTION

1.1. Gwina Attorneys Incorporated (“we”, “us” or “our”) collects and processes the personal information of anyone who submits an inquiry on our website or anyone who we provide legal services to (“you” or “your”).

1.2. By reading our terms of services and our privacy policy, you will understand what services we provide, how we provide our services and what we do with your personal information. It is important that you
read, understand and accept our terms if you would like to use our services.

1.3. Personal information includes very sensitive information, which you probably want to keep private. South Africa’s Constitution provides that everyone has the right to privacy. This includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.

1.4. We only collect and process your personal information if you have given us your consent; in terms of a legal obligation placed on us; or, where it is necessary, for the performance of a contract with you. Because of the sensitivity of some personal information, we ensure that the way we process your personal information complies fully with the Protection of Personal Information Act, 4 of 2013 (POPI Act).

1.5. This privacy policy applies to any of your personal information that we collect and process through our website or within the course of providing our services to you.

1.6. By using our website, or by agreeing to our terms of services, you consent to us collecting and processing your personal information in the ways described in this privacy policy and in our terms of services. This privacy policy forms part of our terms of service. If you do not agree to any part of this privacy policy, then you must stop accessing our website or not use our services.

1.7. You will see that some of the words listed in this privacy policy are in italics. Those words are defined in POPI Act and those definitions apply to this privacy policy. For example, under POPI Act, you are defined as a data subject.

1.8. Our privacy policy terms may change from time to time. When we change them, the changes will be made on our website. Please ensure that you visit our website and regularly read this privacy policy. Although we do not promise to do so, we may give you notice of any changes we think are important.

2. YOUR RIGHTS UNDER THIS PRIVACY POLICY

You have the right to have your personal information processed lawfully. Your rights include the right:

2.1. to be notified that your information is being collected or that your information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system (not that this has ever happened to us);

2.2. to find out whether we hold your personal information and to request access to your personal information;

2.3. to request us, where necessary, to correct, destroy or delete your personal information;

2.4. to object, on reasonable grounds, to the processing of your personal information;

2.5. to object to the processing of your personal information for purposes of direct marketing, including by way of unsolicited communications;

2.6. not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your personal information;

2.7. to submit a complaint to the Regulator if you believe that there has been interference with the protection of your personal information or if you believe that an independent adjudicator who may be resolving your complaint against us, has not decided the matter correctly; and

2.8. to institute civil proceedings against us if you believe that we have interfered with the protection of your personal information.

3. PERSONAL INFORMATION WE COLLECT

3.1. When we collect your personal information, we will collect information such as your identity number, e-mail address, names, home or work physical addresses, telephone numbers, municipal accounts,
bank financial statements and other records typically required for Financial Intelligence Centre Act, 2001 (FICA) or related legislation purposes.

3.2. We will not intentionally collect and process the personal information of a child unless we have the permission of a competent person as defined by the POPI Act.

4. HOW WE USE YOUR PERSONAL INFORMATION

4.1. We use your personal information in order to provide you with our legal services and legal advice. We also use your personal information to send you our monthly newsletter, connect with you on social media, provide legal updates, or invite you to events we organise for our clients and contacts.

4.2. We will ensure that your personal information is processed in a lawful manner and that we do not infringe on your privacy rights.

5. WHERE WE STORE YOUR PERSONAL INFORMATION

5.1. Protecting your personal Information is very important to us. We store your information on our or our service providers’ servers located in South Africa.

5.2. In the event that we ever outsource the processing of your personal information to a third-party operator, we will ensure that the operator processes and protects your personal information using reasonable technical and organisational measures that are equal to or better than ours.

5.3. It is very unlikely that we will ever be required to do so, but in the event that we transfer or store your personal information outside South Africa, we will take all steps reasonably necessary to ensure that the third party who receives your personal information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection. Further, we will not do so without your consent.

6. HOW WE USE COOKIES OR OTHER PERSONAL IDENTIFICATION SOFTWARE

6.1. Cookies are small software programmes that install themselves on your computer or your mobile device. They are intended to make your experience of visiting and navigating through our website easier and more pleasant. Cookies may collect personal information such as the identity of your computer or mobile device and your location. We use two types of cookies: “necessary” cookies, which help the website function properly when you visit it; and “non-necessary” cookies which are used for advertising and related purposes. Non-necessary cookies can be switched off when you visit our website and encounter our cookie “pop-up” notice.

6.2. If you do not want any cookies to be installed on your computer or mobile device, please do not use our website. By using our website, you consent to cookies being installed on your computer or mobile device.

7. INFORMATION SECURITY

We promise that we will secure the integrity and confidentiality of your personal information in our possession or under our control. We will do this by taking appropriate, reasonable technical and organisational measures to prevent: loss of, damage to or unauthorised destruction of your personal information; and unlawful access to or processing of your personal information.

8. THE LAW GOVERNING THIS PRIVACY POLICY

This privacy policy is governed by the laws of the Republic of South Africa.

HOW TO CONTACT US

9.1. If you have questions and/or comments about our privacy policy or need to protect any of your rights set out in this policy, please contact our information officer on bogwanax@gwinaattorneys.co.za  or +27 (0)11 666 7300.

9.2. Our physical address is 2nd Floor, 135 Daisy Street Office Suites, 135 Daisy Street, Sandown, Sandton.

DISCLAIMER:

Any advice provided on this website is purely for information purposes. Visitors to this site should always obtain legal advice from a qualified legal practitioner before taking any decisions based on what is stated on this website.

We do not accept liability for any damages whatsoever, suffered as a result of any advice obtained from this website.