ODEN LAW ATTORNEYS
Last updated: 3 June 2021
1.1 The right to privacy is an integral human right recognised and protected in the South African Constitution and in the Protection of Personal Information Act 4 of 2013 (“POPIA”).
1.2 Oden Law, as a responsible party, is obliged to comply with POPIA.
1.3 POPIA requires Oden Law to inform their clients as to how their Personal Information is used, disclosed and destroyed.
- Cookies are small files that are placed on your computer, mobile device or any other device by a website, containing the details of your browsing history on that website among its many uses.
- Information Regulator means the South African Information Regulator established in terms of POPIA
- Oden Law (referred to as either “the Company”, “we”, “us” or “our” in this Agreement) refers to Oden Law Attorneys, Bloemfontein, Free State.
- Personal Information is any information that relates to an identified or identifiable individual and that can be used to reveal a person’s identity. Personal Information relates to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person (such as a Company).
- Process, Processing or Processed means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Responsible Party is the entity that needs the Personal Information for a particular reason and determines the purpose of and means for processing the Personal Information. In this case, the Company, is the Responsible Party.
- Sensitive Personal Information means Personal Information about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
- Service relates to all legal and related services offered by Oden Law.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Website refers to Oden Law, accessible from https:/odenlaw.co.za/ or any website operated, or maintained, by us or on our behalf.
3 THE COLLECTION OF PERSONAL INFORMATION
3.1 While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personal Information may include, but is not limited to names, surnames, identity numbers, residential and business/work addresses, postal codes, telephone and mobile numbers, fax numbers, email addresses, marital statuses, income tax reference numbers, banking details and bankers
3.2 We may also receive Personal Information about you from third parties (eg, law enforcement authorities).
3.4 In addition to the above, we may create Personal Information about you such as records of your communications and interactions with us, including, but not limited to, your attendance at events or at interviews in the course of applying for a job with us, subscription to our newsletters and other mailings and interactions with you during the course of our digital marketing campaigns.
3.5 For purposes of this Policy, clients include potential, past and existing clients whether individuals, close corporations, companies, bodies corporate, trusts and any person in a representative capacity such as members, shareholders, directors, trustees and beneficiaries.
4 CHILDREN’S PERSONAL INFORMATION AND SPECIAL PERSONAL INFORMATION
We do not intentionally collect or use personal information of children (persons under the age of 18 years), unless with express consent of a parent or guardian or if the law otherwise allows or requires us to process such personal information.
5 HOW PERSONAL INFORMATION IS USED
5.1 We may use your Personal Information for any legitimate business purposes relating to our Services and/or business activities. Some of the purposes for which we use your Personal Information include –
5.1.1 adding you as a client and verifying your identity (as required by law);
5.1.2 providing you with our Services;
5.1.3 responding to your queries posted on our Website or emailed to us;
5.1.4 referring you to other Service Providers with your consent;
5.1.5 improving our Website and Services by analysing certain information collected, including Cookies and other related information;
5.1.6 sending you information (in the form of our newsletter) and inviting you to events;
5.1.7 marketing and promotion of our Services; and/or
5.1.8 complying with our regulatory or other obligations.
6 SENSITIVE PERSONAL INFORMATION
Where we need to Process your Sensitive Personal Information, we will do so in the ordinary course of our business, for a legitimate purpose, and in accordance with applicable law.
7 SHARING YOUR PERSONAL INFORMATION
7.1 We will only share your Personal Information for purposes of providing Services to you or any other legitimate business purpose relating to our business activities, including but not limited to, the protection of our or your rights, complaints, marketing, or enforcing any agreement between us.
7.2 Where required for our business operations, we may share your Personal Information with our Service Providers. We only share information with Service Providers after we enter into an agreement with the Service Provider to regulate the way in which the Personal Information will be secured.
7.3 Where the law requires us to do so, we may also share your Personal Information with third party Service Providers, agents, contractors, employees, law enforcement agencies or business affiliates. We will only share your Personal Information in these instances where it is necessary for us to do so and only to the extent that your Personal Information is needed for such third parties to perform their services or obligations.
8 INTERNATIONAL TRANSFER OF PERSONAL INFORMATION
8.1 We may transfer your Personal Information to recipients outside of the Republic of South Africa.
8.2 Subject to paragraph 6, Personal Information may be transferred outside of the Republic of South Africa provided that the country to which the data is transferred has adopted a law that provides for an adequate level of protection substantially similar to POPIA, the Operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to provide the legal and other related services that are required by our clients.
9 RETENTION OF YOUR PERSOMAL INFORMATION
We will retain Personal Information for as long as may be reasonably necessary in terms of paragraph 5 and in accordance with applicable laws.
10 DIRECT MARKETING
We may send marketing and promotional communications and material to persons. Recipients may opt out from receiving such communications by contacting us at the details provided below or by clicking on the opt-out link that will be contained in the relevant electronic communication.
11.1 We will take all reasonable steps to ensure that your Personal Information is protected. We protect and manage Personal Information that we hold about you by using electronic and computer safeguards like firewalls, data encryption, and physical and or electronic access control to our buildings and devices. We only authorise access to Personal Information to those employees who require it to fulfil their designated responsibilities.
11.2 Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy occurring during the course of such transmission.
12 DATA ACCURACY
The Personal Information provided to us should be accurate, complete and up-to-date. Should Personal Information change, the onus is on the provider of such data to notify us of the change and provide us with the accurate data.
13 DATA SUBJECT’S RIGHTS
13.1 The Data Subject has the right to:
13.1.1 Establish whether we hold Personal Information related to him, her, or it, including the right to request access to that Personal Information.
13.1.2 To request, where necessary, that his, her or its Personal Information must be corrected or deleted where we are no longer authorised to retain the Personal Information.
13.1.3 On reasonable grounds, to object to the processing of his, her or its Personal Information. In such circumstances, we will give due consideration to the request and the requirements of POPIA. We may cease to use or disclose the Data Subject’s Personal Information and may, subject to any statutory and contractual record-keeping requirements, also approve the destruction of the Personal Information
13.1.4 To object to the processing of his, her or its Personal Information for purposes of direct marketing by means of unsolicited electronic communications.
13.1.5 To submit a complaint to the Information Regulator regarding an alleged infringement of any of the rights protected under POPIA and to institute civil proceedings regarding the alleged non-compliance with the protection of his, her or its Personal Information.
13.1.6 To be notified that his, her or its Personal Information is being collected by us. The Data Subject also has the right to be notified in any situation where we have reasonable grounds to believe that the Personal Information of the Data Subject has been accessed or acquired by an unauthorised person.
15 SECURITY BREACH AND CONTACT DETAILS
We will report any security breach to the Information Regulator and to the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, please contact us using these contact details:
The Information Officer
Oden Law Attorneys
1 Calliope Drive
Telephone: +27 72 130 3750