1. Introduction
LM Attorneys is committed to protecting the privacy of all persons and entities whose personal information is collected and processed.
The purpose of this policy is to describe how we collect, store, protect and use personal information made available to us in the course of providing legal services.
This includes information that can be associated with a natural or juristic person which can be used to identify a person in compliance with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Please read and understand this policy and the terms contained herein before engaging with our services. Our Privacy policy may change from time to time and we encourage that you visit our website regularly to keep up to date with any changes in our policy.
This policy applies to all our previous, current and prospective clients, the attorneys for whom we act as correspondents, all persons or entities who send us an email and all visitors to our website.
2. Information Officer
For any queries, complaints or requests in respect to your personal information or this privacy policy, kindly contact our designated Information Officer at:
Name: Kimberley Katsekera
Email: kimberly@lmattorneys.co
Contact no: 011 883 1832/ 011 883 1818
Address: Unit 1202, 12 th Floor, Illovo Point, 68 Melville Road, Illovo,
Sandton, 2146 (Sandton)
Unit 204, 29@ Marloth (Mbombela)
3. Personal Information We Collect
By submitting your personal information, you acknowledge that you are no longer an anonymous individual to us and that we may identify you from the information you have provided. We will use this information to fulfil our professional and contractual obligations according to the mandate you have entrusted to us. This may include but is not limited to the following:
3.1. Full names, identity number, Income Tax Number, Vat Number, Company name, company registration number and company shareholder details.
3.2. Contact details such as email address, physical address, postal address and phone numbers.
3.3. Employment or professional details.
3.4 Marital information and documents.
3.5. Supporting documentation such as municipal accounts, bank statements, FICA documentation.
3.6. Any other documents or records that are necessary for us to fulfil our obligations as per our client’s instructions.
Kindly note that we do not collect or process information on any minor person(s) unless if consent has been expressly provided to us by a competent person.
4. When Do We Collect Your Personal Information
4.1. When you contact us by email or phone.
4.2. During consultations
4.3. By accessing and making use of our website.
4.4. When you visit our offices.
Your information will not be collected directly from you where:
4.5. The information contained is public record or has been deliberately made public by you.
4.6. You have consented to the collection of the information from another source.
4.7. Your interests are not prejudiced.
4.8. Collection from another source is necessary to avoid the prejudice of the maintenance of law, the enforcement of law, the collection of revenue by SARS, conduct of court proceedings, the legitimate interests of national security or the maintenance of legitimate interests of a responsible party.
4.9. it is not reasonably necessary for compliance.
4.10. Compliance would be prejudicial to a lawful purpose.
5. Processing Of Information
We use the personal information that you have provided to us to:
5.1 Provide legal advice and services in line with the mandate you have given us.
5.2. Communicate with you to provide updates on the progress of the matter.
5.3. Manage our relationship with you.
5.4. Complete internal administration and onboarding processes such as invoicing, record keeping and KYC purposes.
5.5. Improve our services, operations and record client feedback.
5.6. Any other purpose that you have consent to.
6. Consent To Obtaining Personal Information
When collecting your personal information, consent is the most important element that enables us to process the information you have made available to us. Your consent must be voluntary and uncoerced. Any consent that is provided by you to us, can be revoked at any given time. However, it is important to note that, in line with the provisions of POPIA, when the processing of your personal information is lawful and justifiable, your consent will not be required for purposes set out below:
6.1. Where you as the data subject are part of a contract and it is necessary to carry out actions for the conclusions of the contract.
6.2. Processing the information is an obligation in terms of the law.
6.3. It is necessary to process your personal information in order to fulfil a public law duty.
6.4. To protect a legitimate interest of a data subject.
6.5. Processing is necessary for the legitimate interests of a responsible party or third party to whom information is supplied.
7. Your Rights Under This Privacy Policy
The right to privacy is secured in section 14 of the Constitution of the Republic of South Africa which affirms that every individual has the right to privacy. At LM Attorneys, we are dedicated to respecting and prioritising your privacy to ensure that your rights are preserved, your personal information is handled with diligence and that you retain control over your personal information. Since your personal information will be collected, stored and processed for purposes of providing you with legal advice and/or services, you identify as a data subject that is entitled to the fair and transparent processing of your personal information.
As a result, your rights as a data subject include the following:
7.1. To be informed when your personal information is collected.
7.2. Your information must be processed in a manner that is lawful.
7.3. To request that your personal information be deleted, corrected or destroyed.
7.4. Not to be subjected to automated decision making.
7.5. To lodge a complaint with the information regulator where your personal information has been interfered with
7.6. To institute legal proceedings for interference with your personal information
8. Retention Of Personal Information
Your personal information will be retained by us for as long as necessary in order to fulfil the purpose for which it was collected for. Upon collection of your personal information, you will be informed in depth about the purposes for which your information will used. All the information that we collect from you will be stored on a secured server where only a limited number of authorised personnel will have access to it. When the retention of your personal information is no longer necessary or lawful, we take appropriate measures to ensure that it is eliminated in accordance with data protection standards.
Any information that you have previously provided and is retained by us can always be requested and a copy shall be made available to you.
9. Security
We undertake to ensure, to the extent required by law that all the personal information you have entrusted to us which is in our possession or control is adequately safeguarded against any loss, destruction or unlawful access. In the case where a third-party operator is processing the information in our possession on our behalf, we take the obligation to ensure that the third-party operator establishes security safeguards and that these measures are maintained.
10. Governing Law
This privacy policy is governed by the laws of the Republic of South Africa.
11. Acknowledgement
By engaging our services, providing your personal information to us or by using our website, you acknowledge that you have read, understood and agreed to the terms contained in this privacy policy.
Disclaimer: Any information that is provided on our website is solely for general information purposes and does not amount to legal advice. Should you require any extensive legal advice, contact a legal practitioner who will assist you accordingly. LM Attorneys will not be held liable for any reliance that is placed on the content of this website.