POPI Policy 

Privacy Policy 

THE PERSONAL INFORMATION COLLECTED

2.1 SCHAËFER INC. collects and processes client’s personal information relative to the provision of the legal services it provides to its clients. The type of information will depend on the need for which it is collected and will be processed for that purpose only. Whenever possible, we will inform client’s what information they are obliged to provide us with, and which information is optional. Examples of the personal information we collect includes 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 and bankers.

2.2 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.

Introduction

1.1 SCHAËFER INCORPORATED ATTORNEYS (hereinafter referred to as “Schaëfer Inc.”) is a law firm with offices situated at 182 Cape Road, Mill Park, Port Elizabeth with a satellite office at 89B, Mainstreet, Despatch providing the various legal services as indicated, inter alia, on
their website and specializing specifically in the conveyancing of properties and the registration of mortgage bonds.

1.2 SCHAËFER INC. is obliged to comply with The Protection of Personal Information Act (‘POPI’).

1.3 POPI requires SCHAËFER INC. to inform their clients as to how their personal information is used, disclosed, and destroyed.

1.4 SCHAËFER INC. is committed to protecting its client’s privacy and ensuring that their personal
information is used appropriately, transparently, securely and in accordance with all applicable laws.

1.5 This Policy sets out how SCHAËFER INC. deals with client’s personal information and, in addition, the purposes for which such information is used.

1.6 Section 9 of the POPI Act states that “Personal Information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive.”

DISCLOSURE OF PERSONAL INFORMATION

4.1 SCHAËFER INC. may share clients’ personal information with and obtain information about clients from third parties for the reasons mentioned in 3.1 and 3.2 above.

4.2 SCHAËFER INC. may also disclose clients’ information where it has a duty or a right to disclose in terms of applicable legislation, the law or where it may be necessary to protect its rights and carry out its obligations and where it is reasonably necessary to enable it to discharge its mandate to its clients.

4.3 If clients are buyers or sellers in property transactions, clients authorise SCHAËFER INC. to
disclose details of the property transaction, and buyer’s bond approval to the necessary parties involved in the property transaction including, but not limited to the buyers and sellers of linking transactions and/or their attorneys, the bond originators, the financial institutions, the bond attorneys, the cancellation attorneys and in the event of a ratification clause agreed to in the deed of sale, any other property transaction’s parties relating to the same property in order to comply with the said ratification clause.

HOW PERSONAL INFORMATION IS USED

3.1 Client’s personal information will only be used for the purpose for which it was collected and intended. This would include providing legal services to our clients until the mandate given has been reasonably discharged.
3.2 According to Section 10 of the POPI Act, personal information may only be processed if certain conditions are met for SCHAËFER INC. processing the personal information.

These are as follows:
3.2.1 Clients consent to the processing – consent is obtained from clients during the clients take-on procedure and such consent may be verbal, written, tacit or implied.
3.2.2 Processing is necessary – the personal information that is required will be reasonably necessary to facilitate the provision of legal services to clients and to market SCHAËFER INC.‘s legal services to them via emails and brochures.
3.2.3 Processing complies with an obligation imposed by law on SCHAËFER INC. or to discharge its mandate to its clients.
3.3.4 Processing protects the legitimate interest of the client – it is in clients’ best interest to have access to full and appropriate legal services.
3.2.5 Processing is necessary for the purposes of providing quality and appropriate legal services to clients of SCHAËFER INC. – to provide our clients with quality and appropriate legal services, we need certain personal information from them.

ACCESS AND CORRECTION OF PERSONAL INFORMATION

6.1 Clients have the right to request access to the personal information we hold about them.

6.2 Clients also have the right to ask us to update, correct or delete their personal information on reasonable grounds.

6.3 Once a client objects to the processing of their personal information SCHAËFER INC. shall no longer process same save and except where SCHAËFER INC. is obliged by law or common practice to do so.

6.4 The details of SCHAËFER INC.’s

Information Officer are as follows:
Information Officer Details
Name: Tania Schaëfer
Telephone Number: 041 3730187
Fax Number: 086 6784397
Postal Address: P O Box 27316 Greenacres 6057
Physical Address: 182 Cape Road, Mill Park, Port Elizabeth
E-Mail Address: tania@schaeferattorneys.co.za
Web site: www.schaeferattorneys.co.za

SAFEGUARDING CLIENTS’ INFORMATION

5.1 It is a requirement of POPI to adequately protect the personal information that SCHAËFER INC. holds and to avoid unauthorized access and use of your personal information. SCHAËFER INC. continuously reviews its security controls and processes to ensure that your personal information is secure.

5.2 The following procedures are in place to protect your personal information:
5.2.1 A third-party service provider is mandated to protect the clients’ electronic personal information.
5.2.2 Cognisance is taken of the recommendations made by the third-party service provider.
5.2.3 The SCHAËFER INC. Information Officer is Ms. T. SCHAËFER, whose details are available below and who is responsible for the encouragement of compliance with the conditions of the lawful processing of personal information and other provisions of POPI.
5.2.4 This policy is in place throughout SCHAËFER INC. and training on this policy and the POPI Act has taken place and been overseen by the Information Officer.
5.2.5 Employees are required to sign Confidentiality Agreements which are part of their Employment Contracts.
5.2.6 Archived client information is stored at the offices of SCHAËFER INC. and/ or third-party providers who are also governed by POPI and with whom SCHAËFER INC. has Services Level Agreements and/or Confidentiality Agreements.
5.2.7 Hard copy files are stored at secure premises and are destroyed after 7 years.
5.2.8 SCHAËFER INC.’s internal server hard drives are protected by firewalls.
5.2.9 A Security Incident Management Register will be kept logging any security incidents and to report on and manage said incidents. This register will be maintained by the Information Officer.
5.2.10 All employees are instructed to follow SCHAËFER INC.’s POPI procedures for client information to be processed accurately and securely.
5.2.11 Consent to process client information is obtained from clients (or a person who is authorised by the client to provide the client’s personal information) at any time where required.

AMENDMENTS TO THIS POLICY

7.1 Amendments to this Policy will take place on an ad hoc basis as and when required.

7.2 Clients are advised to check SCHAËFER INC.’s website periodically to make themselves familiar with any changes or they may direct their enquiries to the Information Officer