The Protection of Personal Information Act No. 4 of 2013 (“POPIA”) came into effect on 1 July 2021. POPIA aims to promote the protection of personal information as processed by public and private bodies and seeks to introduce minimum requirements for the processing of such personal information.
1. COLLECTION AND PROCESSING OF PERSONAL INFORMATION
In order to carry out the everyday tasks and obligations of its business, JLS Attorneys processes personal information relating to both individual and juristic persons (“persons”).
The manner in which this information is processed and the purpose for which it is processed is determined by JLS Attorneys. JLS Attorneys is termed a “Responsible Party” for the purposes of POPIA and will ensure that the personal information of Data Subjects are processed and protected in accordance with the POPI Act.
A “Responsible Party” means an entity that decides how and why personal information is processed. “Personal Information” means information that is about any person, or from which any person is directly or indirectly identifiable.
JLS Attorneys may collect or obtain Personal Information about you:
* Directly from you;
* In the course of providing services to you;
* When you visit and/or interact with JLS Attorneys’ website or social media platforms;
* When JLS Attorneys performs any background checks on you for the purposes of complying with its obligations in terms of the Financial Intelligence Centre Act 38 of 2001;
* When you visit JLS Attorneys’ offices.
2. CATEGORIES OF DATA SUBJECTS
A “Data Subject” is defined as being either a natural or juristic person (Section 1 of POPIA).
The Data Subjects that JLS Attorneys may collect personal information from include but are not limited to:
* Prospective clients;
* Financial institutions;
* Any other third party vendor, business or organization who provides JLS Attorneys with a product or service.
3. CATEGORIES OF PERSONAL INFORMATION THAT MAY BE COLLECTED
Personal information that may be collected includes:
* Identity number, name, surname, address and postal code;
* Contact details;
* Credit information;
* Banking details;
* Personal information included in correspondence, documents or other materials that JLS Attorneys processes in the course of providing services;
* Any other information that may be required by JLS Attorneys to carry out its operation, and comply with its obligations in the ordinary course of business.
“Sensitive Personal Information” includes information about your race and ethnicity, political opinions, religious or philosophical beliefs; trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or any other information that may be deemed to be sensitive in terms of POPIA. Where JLS Attorneys processes your Sensitive Personal Information, JLS Attorneys will do so in the ordinary course of its business for legitimate purpose and in accordance with POPIA.
The data subject may, at any time, prevent the setting of cookies through JLS Attorneys’website by means of a corresponding setting of the internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an internet browser or other software programs. This is possible in all popular internet browsers. If the data subject deactivates the setting of cookies in the internet browser used, not all functions of JLS Attorneys’ website may be entirely usable.
5. PURPOSE OF PROCESSING PERSONAL INFORMATION
JLS Attorneys has an obligation to exercise due care in the management of personal information and to ensure that personal information is kept secure and confidential. JLS Attorneys collects and processes personal information for the purpose for which it is collected and will be processed for that purpose only.
Section 13 of POPIA provides that personal information must be collected for a “specific, explicitly defined and lawful purpose related to a function or activity of the Responsible Party”.
JLS Attorneys will process personal information for the purposes of:
* Performing its duties and meeting the obligations and requirements of any agreement or contract between itself and a client or third party;
* To confirm, verify and update client details;
* For audit and record keeping purposes;
* Statutory requirements;
* Compliance with applicable law and fraud prevention;
* Transfer of information to JLS Attorneys’ service provider and/or other third parties;
* Any other purpose that may be relevant in order to successfully conduct the business activities of JLS Attorneys.
6. DISCLOSURE OF PERSONAL INFORMATION
JLS Attorneys may disclose your personal information to a service provider, who may be involved in the delivery of our services to you. This disclosure would be for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality.
In addition, JLS Attorneys may disclose your personal information to:
* Government authorities if by law, JLS Attorneys is obliged to share such information;
* Any organization through which JLS Attorneys implements its payment processes;
* Any financial institution from which payment is received on behalf of an employee, client, organization or firm by JLS Attorneys;
* Any employee or agent who is employed or who acts on behalf of JLS Attorneys;
* Any third party that provides support to JLS Attorneys.
7. DATA SECURITY
We are legally obliged to provide adequate protection for the personal information we hold and to prevent any unauthorised access and/or use of personal information. JLS Attorneys implements technical and organizational security measures to protect your personal information that is in JLS Attorneys’ possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure and/or unauthorised access.
Where there are reasonable grounds to believe that your personal information in JLS Attorneys’ possession has been accessed or acquired by any unauthorised person, JLS Attorneys will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs JLS Attorneys that notifying you will impeded a criminal investigation.
Given that the internet is an open system, the transmission of information via the internet is not completely secure. Although JLS Attorneys will implement all reasonable measures to protect your personal information that is in JLS Attorneys’ possession, JLS Attorneys cannot guarantee the security of any information transmitted using the internet and JLS Attorneys cannot be held liable for any loss of privacy occurring during the course of such transmission.
8. DATA RETENTION
JLS Attorneys shall only retain and store personal information for the period for which the data is required to serve its primary purpose, a legitimate interest or for the period required to comply with an applicable legal requirement (whichever is longer).
9. OBJECTION, CORRECTION AND/OR DELETION OF PERSONAL INFORMATION
POPIA allows for Data Subjects to object, at any time, to their personal information being processed or request that their personal information be corrected or deleted.
Subject to any applicable laws requiring JLS Attorneys to retain the personal information of the Data subject, JLS Attorneys will, as soon as is reasonably practical, desist from processing the personal information of the Data Subject if and when the Data Subject communicates such request to JLS Attorneys.
The personal information provided to JLS Attorneys should be accurate, complete and up to date. Should personal information change, the onus is on the provider of such data to notify JLS Attorneys of the change and provide JLS Attorneys with the accurate data. A Data Subject must inform JLS Attorneys that they do not wish to have their personal information processed any longer.
10. DETAILS OF COMPANY AND INFORMATION OFFICER
Name of body: JLS Attorneys
P O Box 28972 Sandringham 2131 South Africa
77 Mejon Street
Johannesburg South Africa
+27 86 664 0248
Information Officer: Jo-anne Lee Solomon
+27 11 882-6061
+27 86 664 0248