Levor Legal Consulting Privacy Statement

(“LLC”, “us”, “we”, “our”)

DOWNLOAD THIS PRIVACY STATEMENT BELOW

We are pleased that you are visiting our website, and appreciate your interest. Protecting your privacy is a vital issue for us, which is why we aim to explain which data we collect and for what purposes.

Please read these terms carefully when using or accessing our website(s) or using any of the legal advisory services offered by LLC (“our Services”).

1. INTRODUCTION 

1. LLC respects the privacy of all users of our Services, including potential and existing clients. We are committed to protecting the privacy of all users of our website and our Services in general. We aim to use best practices when it comes to the collection and processing of all of your personal information. 

2. When we refer to: “Personal Information”, we mean personal information as defined in South African Protection of Personal Information Act, 2013 (“POPIA”). Personal Information includes information about the user (or the Data Subject) that is personally identifiable such as: your name, address, date of birth, age, gender, e-mail address, company name, company registration number, contact details, phone number(s) and other unique information such as service preferences and contact preferences that are not otherwise publicly available and which LLC either processes as a Responsible Party (as defined by POPIA) – where LLC decides how your Personal Information is processed – or which is received from another responsible party with whom you have shared your Personal Information and has been granted permission to share your Personal Information with us as the Operator (as defined in POPIA). As an operator, we will act upon the instruction of the Responsible Party whose privacy policy will be applicable. 
3. This Privacy Statement describes how we collect, store, use, and protect the Personal Information of data subjects including natural and juristic persons (people and companies) who browse and/or submit enquiries through our website or who contact us directly via e-mail or telephonically. 

4. Our privacy and security measures apply to how we treat Personal Information communicated to or collected by us in any format, whether digital or hard copy, verbal or written. 

2. APPLICATION AND ACCEPTANCE  

1. This Privacy Statement applies to you if you are a visitor of the website or if you engage with LLC to provide legal advisory services to you. 

2. You accept all the terms in this Privacy Statement when you use our website or use our Services, and consent to us collecting and processing and storing Personal Information in terms of this Privacy Statement. 

3. By using the website or engaging our Services, you are expressly opting in and consenting to us gathering and processing your Personal Information. 

3.  CONDITIONS FOR LAWFUL PROCESSING 

1. Chapter 3 of POPIA provides for the minimum conditions for lawful processing of Personal Information by a Responsible Party. These conditions may not be deviated from unless specific   exclusions apply as outlined in POPIA. 
2. LLC needs Personal Information relating to both natural and juristic persons in order to carry out its business and organisational functions. The manner in which this information is processed and the purposes for which it is processed is determined by us.  In this instance, we are considered a Responsible Party in terms of POPIA. We are obliged to ensure that Personal Information of a Data Subject is:

1. is processed lawfully, fairly and transparently. This includes the provision of appropriate information to Data Subjects when their data is collected by us. We must also have a legal basis (for example, consent) to process Personal Information;

2. is processed only for the purposes for which it was collected; will not be processed for a secondary purpose unless that processing is compatible with the original purpose.is adequate, relevant and not excessive for the purposes for which it was collected; 

3. is accurate and kept up to date; 

4. will not be kept for longer than necessary;

5. is processed in accordance with integrity and confidentiality principles; this includes physical and organisational measures to ensure that Personal Information, in both physical and electronic form, are subject to an appropriate level of security when stored, used and communicated by us, in order to protect against access and acquisition by unauthorised persons and accidental loss, destruction or damage;

6. is processed in accordance with the rights of Data Subjects, where applicable.  

3. Data Subjects have the right to: 

1. be notified that their Personal Information is being collected by LLC. The Data Subject also has the right to be notified in the event of a data breach; 

2. know whether LLC holds Personal Information about them, and to access that information; 

3. object to our use of their Personal Information in terms of Section 11(3) of POPIA using Form 1 attached;

4. request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information using Form 2;

5. object to the processing of Personal Information for purposes of direct marketing by means of unsolicited electronic communications in terms of Section 11 (3)(b) of POPIA by using Form 1; and

6. complain 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 by emailing complaints.IR@justice.gov.za.

4. These rights are subject to certain limitations and exceptions. 

5. You can obtain more information about your participation rights as a Data Subject in South Africa and how to exercise them by visiting the website of the South African Information Regulator.

6. If you are a UK or EU citizen, then the GDPR may apply to you, you can learn more about the rights of UK and EU data subjects by visiting :https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.  

4. HOW AND WHEN WE COLLECT PERSONAL INFORMATION 

1. We collect and process your PI in the following instances:

1. When you visit or browse our website;

2. When you submit an enquiry to us, contact us or request that we contact you; 

3. When you complete our letter of engagement and submit your FICA information to us; 

4. during our engagement with you, in providing you with legal advice as a client of LLC. 

2. You provide us with different types of information for us to provide the Services or any related products and features to you. We use this Personal Information only for legitimate business purposes which are necessary for us to provide and optimise the Services we offer. 

3. We may also collect information about you from third parties which have your permission to share your PI with us.  

4. Our service is not directed to children younger than 18 years old and we do not knowingly collect personally identifiable information from children under the age of 18 years old.  

5. INFORMATION WE COLLECT AUTOMATICALLY 

1. When you visit our website, we and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, IP address, browser information, referring/exit pages and URLs, clickstream data and information about how you interact with links on the website, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser and track your browsing behaviour on our site, mobile device type, mobile device IDs or other persistent identifiers. Some or all of this data may be combined with other personally identifying information described above. We use this information to: 

1. remember information so that you will not have to re-enter it during your visit or the next time you visit our website;

2. Provide customised content and information, including advertising relating to the Services;

3. monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns;

4. diagnose or fix technology problems reported by our users or engineers that are associated with certain IP addresses or user IDs. 

2. We may use Google Analytics. Google Analytics gathers information about the use of our website using cookies. The purpose of integrating Google Analytics is to analyse user behaviour. This enables us to continuously improve our online services and make them more interesting for you. The information gathered is used to create reports about the use of our Service. You can find out more about Google’s use of information by visiting https://www.google.com/policies/privacy/partners/  and you can review Google’s privacy policy at https://policies.google.com/privacy.   

6. PURPOSE OF COLLECTING PERSONAL INFORMATION  

1. Personal Information which you provide to us will only be used for the purposes listed in this Privacy Statement. 

2. LLC may use your Personal Information to:

1. provide and improve the Services and/or any other related products and services to you;

2. manage our relationship with you and third-party service providers;

3. communicate with you about legislative updates, the Service and any other products, services or support offered by us and send marketing communications in connection with these services and products (unless you have opted out of receiving these updates);

4. provide support to you in respect of the Services;

5. measure performance of marketing initiatives;

6. allow you to participate in surveys;

7. answer enquiries provide information, support or advice about the Service, and any new products or services which we offer;

8. prevent and detect security threats, fraud or other malicious activity;

9. process and respond to any complaint made by you;

10. protecting our rights or property (or those of others); and

11. fulfilling our legal and compliance-related obligations. 

3. LLC will not sell or rent your Personal Information. 

7. SHARING OF PERSONAL INFORMATION 

1. We will keep your personal information confidential and only share it with others if it is necessary for us to perform services to you, to protect our legitimate interest or yours, if you consent to it, or if the law obliges us to share it. We have trusted relationships with third parties who perform services for us. All these service providers have a legal obligation to secure your Personal Information and to use it only in a way that we permit. 

2. We may transmit or transfer personal information outside of South Africa or outside of the EU as the case may be.  Where Personal Information is transferred abroad, we  make sure that adequate levels of security are in place with the data importer and that we have the appropriate contractual arrangements in place to govern the cross-border flow of personal information.  

3. By using the website and/or our Services, you agree that LLC may disclose your Personal Information to third parties as follows:

1. to third party companies employed by us to provide services, including, for example, website hosting, administration, maintenance and development. These companies require access to your Personal Information to perform their functions and not for any other purposes; 

2. to third party individuals, companies or entities with which LLC contracts, whether directly or indirectly, to provide the Services where such companies or entities require access to your Personal Information to perform their regulatory functions;

3. to governmental agencies, exchanges and other regulatory or self-regulatory organisations if LLC is required to do so by law or if LLC believes that such action is necessary to comply with the law or with any legal process. 

4. Our website may connect to social media sites or apps, including LinkedIn. 

5. Demographic and statistical information about user behaviour may be collected and used to analyse the popularity and effectiveness of the website. Any disclosure of this information will be in aggregate form and will not identify individual users.

8. RETENTION OF INFORMATION

1. We will only retain your personal information for as long as it is necessary to fulfil the purpose for which it was collected and for as long as that purpose continues unless otherwise required by law or you have consented to the retention of the record. 

9. QUALITY AND PROTECTION OF YOUR INFORMATION

1. You are responsible for the accuracy of the information submitted to us. 

2. LLC will take all reasonable measures to prevent the destruction, unlawful access and loss of Personal Information including establishing appropriate administrative and technical measures. 

3. Please contact LLC by phone or email if you:

1. require access to any of your Personal Information;

2. wish to notify LLC of any change, modification or correction to your Personal Information which you are unable to change yourself;

3. would like to have your Personal Information removed from our records;

4. believe that someone is impersonating or otherwise unlawfully using your identity.

4. While every effort will be made to adopt appropriate security procedures to help prevent unauthorised access to your Personal Information, LLC will not be liable for any attempt to hack or crack or otherwise gain access to any of your Personal Information on servers owned and maintained by or on behalf of LLC.

10. HOW LLC STORES INFORMATION COLLECTED FROM YOU 

1. Information, including your Personal Information, is stored in Microsoft OneDrive.  

2. Information is held for as long as you remain a client of LLC until you request us to delete it, or as long as may be legally required.

3. The information which you provide to us will be stored electronically and/or in hard copy, with reasonable security measures protecting this information. LLC will take all steps reasonably necessary to ensure that your data and Personal Information is treated securely. 

11. CHANGES TO THIS PRIVACY STATEMENT 

1. We may change the terms of this Privacy Statement from time to time in line with any changes that the law or our internal business operations require, without prior notice. It is your responsibility to consider the Privacy Statement each time you use our Platform or engage our Services. If you do not agree with any terms of this Privacy Statement, you must stop using our Platforms and any of our Services. 

12. CONCERNS AND SECURITY BREACH

1. We will report any security breach to the Information Regulator in South Africa, the GDPR regulatory body (if applicable) and the individuals or companies involved. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your information, kindly notify us by sending an email to alexis@levorlegal.co.za. 

FORM 1: OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF PROTECTION OF PERSONAL INFORMATION ACT , 2013

Regulations Relating to The Protection of Personal Information, 2018 [Regulation 2]

1    Affidavits or other documentary evidence as applicable in support of the objection may be attached.

2      If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3       Complete as is applicable

A	DETAILS OF DATA SUBJECT
Name(s) and surname/ registered name of data subject:
Unique Identifier/ Identity Number
Residential, postal or business address:
Contact number(s):
Fax number / E-mail address:
B	DETAILS OF RESPONSIBLE PARTY
Name(s) and surname/ registered name of data subject:	Levor Legal Consulting
Residential, postal or business address:	8 York Road, Green Point,Cape Town, 8001
Fax number / E-mail address:	alexis@levorlegal.co.za
C	REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please provide detailed reasons for the objection)

Signed at ……………………………….. this ……. day of…………………………….. 20…

Signature of data subject/designated person

FORM 2: REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013

Note: Regulations Relating to the Protection of Personal Information, 2018 [Regulation 3]

1.     Affidavits or other documentary evidence as applicable in support of the request may be attached.

2.     If the space provided for in this Form is inadequate, submit information as an Annexure to this  Form and sign each page.

3.  Complete as is applicable.

Mark the appropriate box with an “x”. Request for:

Correction or deletion of the personal information about the data subject which is in possession or under the control of the responsible party.

Destroying or deletion of a record of personal information about the data subject which is in possession or under the control of the responsible party and who is no longer authorised to retain the record of information

A	Details of Data Subject
Name(s) and surname/ registered name of data subject:
Unique Identifier/ Identity Number
Residential, postal or business address:
Contact number(s):
Fax number / E-mail address:
B	DETAILS OF RESPONSIBLE PARTY
Name(s) and surname/ registered name of data subject:	Levor Legal Consulting
Residential, postal or business address:	8 York Road, Green Point, 8005

Fax number / E-mail address:	alexis@levorlegal.co.za
C	Reasons for Objection in Terms of Section 11(1)(D) to (F) (Please Provide Detailed Reasons for The Objection)
D	Reasons for *Correction or Deletion of the Personal Information about the Data Subject in terms of Section 24(1)(a) which is in Possession or Under the Control of the Responsible Party; and or Reasons for*Destruction or Deletion of a Record of Personal Information about the Data Subject in Terms of Section 24(1)(b) which the Responsible Party is no longer Authorised to Retain. (Please Provide Detailed Reasons for the Request)