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Data Protection Policy

Niemann & Swart Inc Attorneys

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Last Updated: 25 September 2024

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At Niemann & Swart Inc Attorneys (“we,” “our,” or “us”), we are committed to safeguarding the privacy and personal data of our clients, website visitors, and all stakeholders in accordance with the Protection of Personal Information Act (POPIA) of South Africa. This Data Protection Policy outlines how we collect, use, disclose, store, and protect personal information in compliance with POPIA.

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1. Introduction to POPIA Compliance

The Protection of Personal Information Act, 2013 (POPIA) is South Africa’s data privacy law that promotes the protection of personal information processed by both public and private entities. POPIA requires that personal information is processed lawfully, transparently, and for specific purposes. Niemann & Swart Inc Attorneys is committed to complying with these regulations to protect your rights and privacy.

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2. Definitions

  • Personal Information: Refers to any information related to an identifiable individual, including but not limited to name, contact details, identification numbers, and financial information.

  • Data Subject: Any person whose personal information is collected, held, and processed by Niemann & Swart Inc Attorneys.

  • Responsible Party: Niemann & Swart Inc Attorneys, responsible for collecting, using, and managing personal information.

  • Processing: Any operation or activity concerning personal information, including collection, storage, modification, or dissemination.

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3. Collection of Personal Information

We collect personal information in various ways, including but not limited to:

  • Direct interactions via our website, email, or phone when clients inquire about or engage our legal services.

  • Submissions through online forms, newsletters, or consultation bookings.

  • Automated technologies that track website usage and behavior, such as cookies or IP address monitoring.

The personal information we collect may include:

  • Names, titles, and identification numbers.

  • Contact details such as email addresses, physical addresses, and phone numbers.

  • Financial and payment details necessary for invoicing and transactions.

  • Records of correspondence and legal documents relating to the services we provide.

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4. Purpose of Processing Personal Information

We process personal information for the following legitimate purposes:

  • To provide legal services and advice to clients.

  • To facilitate communication with our clients and other stakeholders.

  • For billing, invoicing, and payment purposes.

  • To comply with legal and regulatory obligations.

  • For internal record-keeping and reporting requirements.

  • To enhance our website and improve user experience.

  • For marketing purposes (with consent) such as sending newsletters or promotional material.

We ensure that personal information is processed only for the specific purposes for which it was collected unless the law requires otherwise.

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5. Legal Basis for Processing

We process personal information based on one or more of the following legal grounds:

  • Consent: Where applicable, we will request your explicit consent to process your personal information.

  • Contractual Obligations: Processing may be necessary to fulfill our contractual obligations to you as our client.

  • Legal Obligations: We may process personal information where required by law.

  • Legitimate Interests: In some cases, we process data for the legitimate interests of our business or third parties, provided it does not override your rights.

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6. Disclosure of Personal Information

We may share your personal information under the following circumstances:

  • With Third-Party Service Providers: We may disclose personal information to trusted third parties who assist in providing legal or administrative services, such as accountants, IT service providers, or couriers.

  • With Legal Authorities: If required by law, regulation, or legal process, we may disclose personal information to courts, regulatory bodies, or law enforcement.

  • Business Transactions: In the event of a merger, acquisition, or asset sale, personal information may be disclosed as part of the transaction.

We ensure that third parties who receive personal information are obligated to maintain confidentiality and comply with data protection laws, including POPIA.

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7. Protection and Storage of Personal Information

We are committed to ensuring that your personal information is secure. We implement appropriate technical and organizational measures to protect your information from unauthorized access, alteration, disclosure, or destruction. These measures include:

  • Secure storage systems, both physical and electronic.

  • Encryption of sensitive data.

  • Restricted access to personal information, limited to authorized personnel.

  • Regular security audits and updates to our IT infrastructure.

Personal information is stored for as long as necessary to fulfill the purposes for which it was collected or as required by law. After this period, the data is securely destroyed or anonymized.

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8. Your Rights as a Data Subject

Under POPIA, you have the following rights regarding your personal information:

  • Access: You have the right to request access to your personal information held by us.

  • Correction or Deletion: You may request correction, updating, or deletion of your personal information if it is inaccurate, outdated, or unlawfully held.

  • Objection: You have the right to object to the processing of your personal information in certain circumstances, such as for direct marketing.

  • Withdraw Consent: If processing is based on your consent, you may withdraw that consent at any time.

  • Data Portability: In applicable cases, you may request the transfer of your personal information to another party.

To exercise any of these rights, please contact us using the details provided below.

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9. Cookies and Website Data

Our website uses cookies and similar tracking technologies to collect information about how visitors use the site. This information helps us improve the functionality and performance of our website. You can control the use of cookies by adjusting your browser settings, but please note that disabling cookies may affect your browsing experience.

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10. Amendments to this Policy

Niemann & Swart Inc Attorneys reserves the right to amend or update this Data Protection Policy from time to time in line with changes to POPIA or other relevant regulations. Any updates will be reflected on this page, and we encourage users to review this policy regularly.

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11. Contact Information

If you have any questions or concerns about this Data Protection Policy or how your personal information is handled, please contact us at:

Niemann & Swart Inc Attorneys
Website: www.niemannswart.com
Email: info@niemannswart.com 
Telephone: 087 148 8947

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